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Wednesday 1 February 2017
Dauphin County Woman Pleads Guilty to Social Security Fraud and Harboring an Illegal AlienRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stephayne McClure-Potts, age 51, of Harrisburg, Pennsylvania, pleaded guilty today before United States District Judge Sylvia H. Rambo to social security fraud and harboring an illegal alien.
According to United States Attorney Bruce D. Brandler, McClure-Potts provided false information to the Commissioner of Social Security on ten separate occasions with the intent to obtain a social security card with a fictitious identity for another person. McClure-Potts also harbored an illegal alien from March 2013 through August 2015.
Michael McClure-Potts, age 60, was also charged in October 2016, with harboring an illegal alien from March 2013 through August 2015. His trial is scheduled to begin on February 21, 2017.
This case was investigated by the Department of State Diplomatic Security Service, the Social Security Administration Office of Inspector General and the City of Harrisburg Bureau of Police. Assistant United States Attorney Daryl F. Bloom is prosecuting the case.
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 penalties under federal law for these offenses is 10 years’ imprisonment, a term of supervised release of three years, and a $500,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Court of Appeals Affirms 14-Year and 12 ½ -Year Prison Sentences for Two Luzerne County Heroin DealersRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the United States Court of Appeals for the Third Circuit affirmed a 14-year prison sentence and a 12 ½-year prison sentence imposed by Senior U.S. District Court Judge James M. Munley on two Luzerne County men who participated in a heroin trafficking conspiracy during 2014.
According to United States Attorney Bruce D. Brandler, the Court of Appeals affirmed Desmond Mercer’s 14-year prison sentence and Shaliek Stroman’s 12 ½-year prison sentence as being both procedurally and substantively reasonable. Mercer was sentenced in March 2016, and Stroman was sentenced in January 2016.
Mercer previously pleaded guilty to conspiring with Stroman and others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Mercer in his plea acknowledged distributing more than 700 grams of heroin (which equals approximately 23,000 retail bags of heroin) and playing a leadership role in the conspiracy. During part of the conspiracy, Mercer ran the drug operation while an inmate at the Luzerne County Prison.
Stroman, a sub-distributor of heroin for Mercer, also previously pleaded guilty to the conspiracy charge.
In separate opinions upholding the sentences, the Third Circuit Court of Appeals reasoned that Judge Munley appropriately considered the respective advisory sentencing guideline ranges, the presentence reports, and the relevant sentencing factors under federal law.
The cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kingston Police. Assistant United States Attorney Francis P. Sempa prosecuted the cases and handled the appeals.
The cases were brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Corning Man Arrested, Charged with Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Theil, 53, of Corning, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on November 8, 2016, the FBI met with the Ithaca Police Department and a Cooperating Witness (CW). The CW told officers that through backpage.com, she came come to know a man from Corning, NY who had a sexual interest in children. A cellular telephone number provided by the CW traced back to the defendant. A check of an FBI database determined that Theil worked for a manufacturing company and he attended an FBI Cyber briefing in the State of Kentucky involving his employment. At the briefing, the defendant provided the FBI with his contact information, including his cell number which matched the number provided by the CW.
The CW told officers that the defendant showed her child pornography on his iPad, naked images of young girls, approximately seven or eight years old. In addition, the CW stated that Theil admitted to her that he had previously sexually abused his niece on multiple occasions when she was approximately 14 years old.
The CW further stated that on another occasion, Theil asked her to facilitate a sexual encounter with a minor female. The CW arranged for an 18-year-old friend, who looked much younger, to meet with Theil in a hotel room in Ithaca, NY. The defendant paid the CW $1,200 for the session with the alleged 14-year-old. After the session, Theil contacted the CW and asked that she find a true minor female. In hopes of getting money, the CW fabricated a story that she babysat two sisters, ages eight and 12, and that she could facilitate the defendant having a session with the 12-year-old. The CW told officers she had no intention of providing a minor female because she found it inappropriate but hoped to steal money from Theil when he showed up anticipating the session.
On December 15, 2016, search warrants were executed at the defendant’s residence in Corning, NY and at Theil’s lake house in Hammondsport, NY. Following the searches, a forensic examination of the defendant’s computer revealed 367 images of child pornography on Theil’s laptop.
The defendant made an initial appearance before U.S. Magistrate Judge John W. Feldman and was released.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, and the Steuben County Sheriff’s Department, under the direction of Sheriff James Allard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Convicted felon faces charges for having fentanyl and firearmsRead the Press Release
A man with residences in Akron and Barberton was indicted on firearms and fentanyl charges, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Anthony J. Board Jr., 33, was indicted on one count of possession with the Intent to distribute fentanyl and one count of being a felon in possession of firearms and ammunition. Board, Jr., age 33, resided at homes in Barberton, and Akron, Ohio.
Akron Police Department Narcotics Unit Detectives along with Drug Enforcement Administration Task Force Officers executed a state search warrant at Board Jr.’s residence in Akron on Dec. 14, 2016 and recovered approximately 25 grams of fentanyl as well as two firearms and a bullet-proof vest, according to court documents.
Barberton Police Narcotics Detectives along with Drug Enforcement Administration Task Force Officers executed a state search warrant the same day at Board Jr.’s residence in Barberton. They recovered two additional firearms, including a semi-automatic rifle, according to court documents.
Board was prohibited from possessing firearms and ammunition because he has several prior felony convictions, including burglary, escape, improper discharge of a firearm and other crimes.
The investigation preceding this indictment was conducted by the Akron Police Department Narcotics Unit, the Barberton Police Department and the Drug Enforcement Administration, Akron, Office. matter is being prosecuted by Assistant United States Attorney Aaron P. Howell.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the United States of America’s burden to prove each defendant’s guilt beyond a reasonable doubt.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ roles in the offense and the characteristics of the violations.
Carson City Man Sentenced to Eight Years for Distribution of MethamphetamineRead the Press Release
RENO, Nev. – A Carson City, Nev., man was sentenced Monday to eight years in prison for distributing methamphetamine, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
Saul Cisneros, 33, was sentenced by U.S. District Judge Robert C. Jones, who also ordered Cisneros to 24 months consecutive on his supervised release violation. Cisneros pleaded guilty on Sept. 26, 2016, to conspiracy to distribute at least five grams of actual methamphetamine. He was indicted in a superseding indictment on June 10, 2015. Co-defendant Lisa Rose Jones, 37, of Carson City, pleaded guilty on March 29, 2016, and was sentenced to 18 months in prison.
According to court documents, in April 2015, a DEA confidential source called Cisneros to order an ounce of methamphetamine. They met at an apartment complex in Carson City where Cisneros and Jones directed the confidential source to an apartment. While in the apartment, Cisneros told the confidential source that he only had a half ounce of methamphetamine, and that the other half was on its way, and that the confidential source would need to return to the apartment for it. Jones placed a plastic bag of methamphetamine on the bed and the confidential source put $300 on the bed, which Cisneros took. The bag contained 13.3 grams of actual methamphetamine.
Seven other defendants were charged in federal district court arising out of this coordinated law enforcement investigation into methamphetamine distribution in the Lyon County and Carson City areas of Nevada. Michael Perez, 38, of Dayton, Nev., and Sergio David Perez, 33, of Carson City, Nev., were charged with conspiracy to distribute methamphetamine. Michael Perez was sentenced to 168 months on Aug. 8, 2016, and Sergio David Perez was sentenced to 97 months on Aug. 22, 2016 by U.S. District Judge Robert C. Jones. Juan Alvarez, 40, of Carson City, Nev., and Yuritsi Marquez, 35, of Carson City, Nev., pleaded guilty to possession with intent to distribute at least 50 grams of methamphetamine on November 16, 2016, and is awaiting sentencing. Marquez was sentenced to 366 days in prison on January 31, 2017. Angelo Tello, 31, of Carson City, Nev., and Lorena Tello, 25, Dayton, Nev., the paramours of Michael and Sergio David Perez, pleaded guilty to money laundering relating to the distribution of methamphetamine. Julio Contreras, 26, of Long Beach, CA, pleaded guilty to conspiracy to commit money laundering. Lorena Tello was sentenced to 366 days’ imprisonment. Angelo Tello and Julio Contreras are awaiting sentencing.
This case was a joint investigation by the DEA, Lyon County Sheriff’s Office, Tri-County Narcotics Enforcement Task Force, and the Tri-County Gang Unit; and prosecuted by Assistant U.S. Attorney James E. Keller.
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Canton man indicted on firearms and drug chargesRead the Press Release
A Canton man was indicted on federal drug and firearms charges, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Eric L. McReynolds, 46, was indicted on four counts of possession with the intent to distribute crack cocaine, one count of being a felon in possession of firearms and ammunition and one count of possession of firearms in furtherance of a drug trafficking offense.
McReynolds possessed crack cocaine, several firearms and other items indicative of drug trafficking on September 15, 2016. was prohibited from possessing firearms and ammunition because he has prior felony convictions for robbery and aggravated robbery, according to the indictment.
The investigation preceding this indictment was conducted by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives. matter is being prosecuted by Assistant United States Attorney Aaron P. Howell.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the United States of America’s burden to prove each defendant’s guilt beyond a reasonable doubt.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ roles in the offense and the characteristics of the violations.
Buffalo Man Arrested on Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Charles Newkirk, 33, of Buffalo NY, was arrested and charged by criminal complaint with conspiracy to possess with intent to distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to complaint, the defendant sold large volumes of heroin in the City of Buffalo. A confidential source made undercover purchases of cocaine from Newkirk on June 25, 2015, and July 7, 2015. Laboratory testing determined the drugs contained heroin and fentanyl.
The defendant made an initial appearance before U.S Magistrate Judge Michael J. Roemer.
The complaint is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.Batesburg-Leesville Man Convicted on Federal Drug ChargesRead the Press Release
Contact Person: William K. Witherspoon (803) 929-3000
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that John Timothy Cannon, a/k/a “Mr. JT.,” age 63, of Batesburg-Leesville, South Carolina, was convicted Monday by a federal jury in Columbia, of conspiracy to possess with the intent to distribute 500 grams or more of cocaine, a violation of 21 U.S.C. §§ 846, 841(a)(1). Cannon was also convicted of four (4) counts of using a telephone to arrange drug deals, a violation of 21 U.S.C. § 843(b). United States District Judge Joseph F. Anderson, Jr. of Columbia, presided over the trial and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the trial established that in 2011, the Federal Bureau of Investigation began investigating a violent street gang operating in Columbia, SC. They obtained wiretaps on a number of telephones and determined these gang members were involved in selling cocaine and crack cocaine. The FBI then tapped the telephone of the gang’s cocaine suppliers, which ultimately led to a major cocaine distributor in Batesburg, SC. The FBI then tapped the distributor’s telephone and learned that this supplier, starting in 2008, began to supply Cannon with cocaine for resale to local drug dealers. This arrangement continued until the Batesburg distributor was arrested, pled guilty and sentenced to federal prison in 2012. Thereafter, Cannon found another distributor and continued his sale of large amounts of cocaine to persons in Batesburg-Leesville, Columbia and surrounding areas. The evidence presented at trial included wiretap calls on which Cannon was overheard ordering three (3) ounces of cocaine multiple times a week during a sixty (60) day time period of the wiretaps. The evidence also included testimony from persons who purchased cocaine from Cannon.
Ms. Drake stated the maximum penalty for these offenses is Life imprisonment and a fine of $8,000,000.
The case was investigated by the Columbia Violent Gang Task Force, which is comprised of agents of the Federal Bureau of Investigation, South Carolina Law Enforcement Division (SLED), Columbia Police Department, and Richland County Sheriff’s Department. Assistant United States Attorneys William K. Witherspoon and Jane B. Taylor of the Columbia office prosecuted the case.
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Another Albuquerque Resident Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Julian Brown, 22, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.
Brown was arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Brown was arrested on Aug. 10, 2016, on an indictment charging him with distribution of heroin and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR). According to the indictment, Brown committed the offenses on July 11, 2016, in Bernalillo County, N.M.
During today’s proceedings, Brown pled guilty to Count 2 of the indictment charging him with possession of an unregistered firearm. In entering the guilty plea, Brown admitted that on July 11, 2016, he possessed and sold a weapon made from a shotgun not registered to him in the NFRTR. At sentencing, Brown faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 25 of the 104 defendants, have entered guilty pleas and one has been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Edward Han is prosecuting the case.
Accokeek Felon Exiled to over 7 Years in Federal Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Shaka Abdul-Muhaimin, age 31, of Accokeek, Maryland, today to 92 months in prison, followed by three years of supervised release for possession with intent to distribute controlled substances, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Henry P. Stawinski of the Prince George’s County Police Department.
According to his plea agreement, late on July 9, 2015, Abdul-Muhaimin and another individual were seated in Abdul-Muhaimin’s vehicle at the far end of a restaurant parking lot in Accokeek. Police officers approached the vehicle and saw Abdul-Muhaimin, who was in the driver’s seat, abruptly begin to move around inside the vehicle, and saw the passenger quickly exit the vehicle. Abdul-Muhaimin then jumped out of the vehicle and attempted, unsuccessfully, to get away.
From inside the vehicle and from Abdul-Muhaimin, law enforcement recovered crack and powder cocaine; heroin; ethylone; marijuana; a 9mm semi-automatic pistol loaded with 11 rounds of ammunition; and a digital scale with cocaine residue.
Abdul-Muhaimin had a 2008 felony drug conviction in the District of Columbia and was prohibited from possessing a firearm or ammunition.
United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Menaka Kalaskar, who prosecuted the case.
Tuesday 31 January 2017
Woman Sentenced to Prison for Stealing Money from Gila River Scholarship FundRead the Press Release
PHOENIX – On Jan. 30, 2017, U.S. District Judge David C. Campbell sentenced Betty Nora Anderson, 56, a member of the Gila River Indian Community, to 15 months in prison and three years of supervised release for stealing approximately $200,000 from the Gila River Indian Community Scholarship Fund. Anderson had previously pleaded guilty to one count of conspiracy to commit theft from an Indian Tribal Organization.
Anderson stole money from the Gila River Indian Community Scholarship Fund by submitting altered and forged transcripts that made it appear she had completed certain course work and thus remained eligible for financial support. The scheme continued from 2007 through 2010.
“Through deceit, Anderson stole money that would otherwise have gone to deserving members of the Gila River Indian Community. We will vigorously pursue and bring to justice those who would defraud the public,” stated Acting United States Attorney Elizabeth A. Strange.
The investigation in this case was conducted by the Gila River Indian Community Police Department. The prosecution was handled by Kevin M. Rapp, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-15-01411-DGC
RELEASE NUMBER: 2017-004_Anderson
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Woman Pleads Guilty to Wire Fraud in Scheme to Defraud the IRSRead the Press Release
DALLAS — Crystal Burrows appeared in federal court this afternoon and pleaded guilty before U.S. Magistrate Judge Paul D. Stickney to one count of wire fraud, announced U.S. Attorney John Parker of the Northern District of Texas.
Burrows faces a maximum statutory penalty of twenty years in federal prison, and a $250,000 fine. She could also be ordered to pay restitution. Sentencing will be set at a later date.
According to documents filed in her case, beginning in 2014, Borrows knowingly and intentionally participated in a scheme to defraud the Internal Revenue Service (IRS). More specifically, Burrows electronically filed tax returns for the tax year 2013 with her EFIN, and for tax years 2014 and 2015 with EFINs of coconspirators, under taxpayers’ names and social security numbers without the taxpayers’ knowledge or consent. In total, Burrows prepared and filed at least 22 fraudulent tax returns using stolen identifying information of tax payers. Burrows also used two stolen social security numbers to establish numerous credit card accounts, a car loan, store accounts, and care credit accounts typically used for medical procedures.
Burrows stipulates that her conduct resulted in at least a $692,184 loss.
The case was investigated by IRS Criminal Investigation. Assistant U.S. Attorney Andrew Wirmani is in charge of the prosecution.
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Vermont Man Sentenced to Fifteen Years in Prison for Eight Bank and Other RobberiesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Matthew T. Martin, 32, of Weathersfield, Vermont, was sentenced today to a prison term of fifteen years, followed by five years of supervised release, and $25,514 in restitution. United States District Court Judge J. Gavin Murtha imposed the sentence in District Court in Brattleboro and noted that he rarely sees sentences of this length but that the circumstances of this case warranted such a result.
Martin had previously pleaded guilty to a Superseding Information that consolidated eight separate robberies into a single case. He was sentenced today on each of the robberies to eight separate prison terms of 180 months, each to run concurrently.
As charged in the Superseding Information, on January 28, 2015, Martin robbed a branch of the Windsor County South Credit Union in Springfield Vermont. During the commission of this robbery, Martin indicated to the teller that he had a gun, although he did not display a firearm. Martin stole $2,596 from the Credit Union in this incident.
On February 7, 2015, Martin robbed a Shell gas station in Ludlow, Vermont. During the commission of this robbery, Martin pointed a firearm at the gas station clerk and made off with approximately $200.
On February 17, 2015, Martin robbed a branch of the Citizens Bank in Springfield, Vermont. During the commission of this robbery, Martin again indicated that he had a gun, although he did not display a firearm. During this incident, Martin wore a fake beard to disguise his identity and managed to steal $5,744 from the bank.
On November 11, 2015, Martin robbed the Greater Falls Pharmacy in Bellows Falls, Vermont, pocketing tablets containing Oxycodone and OxyContin. Again, Martin indicated that he had a gun, although he did not display one.
On December 1, 2015, Martin took his crime spree into New Hampshire, committing an armed robbery of a branch of the Mascoma Savings Bank in Charlestown, New Hampshire. During this robbery, Martin displayed a BB gun that resembled a firearm and twice pointed the weapon at the teller. Martin was able to steal $4,700 during this incident.
On December 4, 2015, Martin committed an armed robbery at a branch of the TD Bank North in Loudon, New Hampshire. Again, Martin displayed a BB gun that resembled a firearm. Martin made off with $3,200 as proceeds of this robbery.
On December 14, 2015, Martin committed an armed robbery of a branch of the People’s United Bank in Brattleboro, Vermont. In instructing the teller to give him all of the money in the cash drawer, Martin brandished a BB gun that resembled a firearm and showed the teller a clay “glob” embedded with a cell phone connected to the clay via black wires that he claimed was a bomb. Martin made off with $3,791 from the bank. During this bank robbery, Martin was disguised as a woman.
A week later, on December 21, 2015, Martin committed an armed robbery of a branch of the Heritage Family Credit Union in Ludlow, Vermont. Again, Martin was armed with a BB gun that resembled a firearm, which he pointed at two tellers and a customer. Martin made off with $4,633 as a result.
In late December 2015, Martin surrendered to law enforcement after the U.S. Marshals Service publicly named him a “Fugitive of the Week.”
The collaborative team that investigated the crimes committed by Martin included federal, state, and local law enforcement agents, including agents from the Federal Bureau of Investigation; the U.S. Marshals Service; the Vermont State Police; the New Hampshire State Police; and the police departments of Brattleboro, Springfield, Ludlow, and Bellows Falls.
In addition to the agents that investigated Martin’s crimes, United States Attorney Eric Miller also thanked law enforcement partners at the U.S. Attorney’s Office in New Hampshire; the Windsor County State’s Attorney’s Office; the Windham County State’s Attorney’s Office; the County Attorney’s Office in Sullivan County, New Hampshire; and the County Attorney’s Office in Merrimack County, New Hampshire, for their cooperation and collaboration.
The United States was represented in this matter by Assistant U.S. Attorneys Kunal Pasricha and Abigail Averbach. Matthew Martin was represented by attorney Jordana Levine.
United States Settles Navy Discrimination and Wrongful Termination LawsuitRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced the United States of America, on behalf of Ray Mabus, Secretary of the Navy, settled the lawsuit Ballard v. Mabus, CV13-00024 (D. Guam). The Plaintiff claimed that the Navy created a hostile work environment because of sexual harassment, age and race discrimination, and retaliated against him for accusing a co-worker, who had worked at the facility for many decades, of sexual harassment and another co-worker of age and race discrimination. The Navy’s internal investigation found that the allegations against the co- workers were false and that no sexual harassment occurred. The Navy also determined that Plaintiff’s substandard work performance warranted termination of his employment during the probationary period. Plaintiff worked for the Navy for a total of approximately four months.
After a Summary Judgment hearing before the District Court, Plaintiff’s claim of a hostile work environment based on sexual harassment and age and race discrimination was dismissed with prejudice. Because of the short time period between Plaintiff’s allegations against his co-workers and his dismissal by the Navy, the issue of possible retaliation remained to be resolved by a trial. Recognizing that trial would require the United States to bring in witnesses who are now serving around the world, the United States entered into a settlement agreement on January 28, 2017, to resolve the one remaining retaliation claim. Settlement negotiations were assisted by Magistrate Judge Joaquin V.E. Manibusan, Jr., at the U.S. District Court. The settlement resolves all claims by the Plaintiff.
The case was handled by Assistant U.S. Attorney Mikel Schwab.
Two Mexican Nationals Indicted for Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two Mexican nationals were indicted by a federal grand jury today for their roles in a conspiracy to distribute more than five kilograms of methamphetamine.
Jose Adrian Medina-Herrera, 21, and Jose Farias-Valdovinos, 41, both citizens of Mexico, were charged in a two-count indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a federal criminal complaint that was filed against both defendants on Jan. 12, 2017.
The federal indictment alleges that Medina-Herrera and Farias-Valdovinos participated in a conspiracy to distribute methamphetamine on Jan. 11, 2017. They are also charged with aiding and abetting each other to possess methamphetamine with the intent to distribute.
According to an affidavit filed in support of the original criminal complaint, Medina-Herrera was arrested at a local bus station on Jan. 11, 2017. Medina-Herrera, who told officers he originally had traveled from California to St. Louis, Mo., had a one-way ticket from St. Louis to Kansas City, Mo. A law enforcement officer searched his suitcase, the affidavit says, and discovered 11 bundles wrapped in brown packing tape that contained a total of 5.352 kilograms of methamphetamine.
Farias-Valdovinos was arrested when he arrived at the bus station to pick up Medina-Herrera.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Special Assistant U.S. Attorney Courtney R. Pratten. It was investigated by the Drug Enforcement Administration and the Kansas City, Mo., Police Department.
Two Elkins residents convicted for methamphetamine chargesRead the Press Release
ELKINS, WEST VIRGINIA – Two Elkins residents pled guilty to methamphetamine charges in federal court today, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Christina Crites, 46, of Elkins, West Virginia, pled guilty to one count of “Distribution of Methamphetamine in Proximity of a Protected Location.” She faces up to forty years in prison and a fine of up to $2,000,000.
Joseph Muster, 28, of Elkins, West Virginia, pled guilty to one count of “Distribution of Methamphetamine.” He faces up to twenty years in prison and a fine of up to $1,000,000.
Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner prosecuted the cases on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Two Charged with Distributing Heroin Involved in Southeastern Connecticut OverdosesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that the investigation of two drug overdose deaths in May 2016 has resulted in federal heroin distribution charges against NESTOR SANTANA, also known as “Beans,” 29, of New London, and JAMES BUTLER, 23, of Montville.
The charges stem from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
SANTANA and BUTLER were arrested today on federal criminal complaints charging each with possession with the intent to distribute, and distribution of, heroin. They appeared before U.S. Magistrate Judge Joan G. Margolis in New Haven and were ordered detained. The charge carries a maximum term of imprisonment of 20 years.
As alleged in court documents and statements made in court, in the early morning hours of May 29, 2016, members of the Groton Police Department and emergency services personnel responded to a Groton motel room on the report of a suspected drug overdose. The victim, a 17-year-old female, was administered two doses of Narcan (Naloxone), which were deemed unsuccessful, before she was transported to the hospital and died later that morning.
The investigation revealed that Ramon Gomez, also known as “B.I.,” who knew the victim was under the age of 18, brought the victim to the motel to engage in prostitution. On the morning of May 28, 2016, Gomez sold a quantity of heroin to another individual who then distributed the heroin to the victim. It is alleged that SANTANA supplied Gomez with the heroin that caused the death of the victim.
On May 31, 2016, members of the Montville Police Department responded to an apartment on Route 32 for an “untimely death” investigation. Upon arrival, officers found a deceased 34-year-old female lying face down on the bathroom floor.
The Connecticut’s Office of the Chief Medical Examiner subsequently determined the cause of the 34-year-old female’s death to be “Acute Ethanol and Fentanyl Intoxication.”
It is alleged that the victim was supplied with heroin/fentanyl by BUTLER, who in turn was supplied by Gomez, who in turn was supplied by SANTANA.
In August and September 2016, investigators made controlled purchases of heroin from SANTANA. SANTANA was arrested on state charges on September 29, 2016. A search of his residence at the time of his arrest revealed an additional quantity of heroin and items used to process and package narcotics.
Gomez, 41, of Uncasville, has pleaded guilty to federal sex trafficking of a minor and heroin distribution offenses. He awaits sentencing.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Drug Enforcement Administration, Connecticut State Police, Groton Police Department, Montville Police Department, New London Police Department, Statewide Narcotics Task Force – East, and the Regional Community Enhancement Task Force.
This matter is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Two Camp Street Gang Members Indicted on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned separate indictments charging Camp Street Gang Members, Mario McGee, 36, and his brother, Tramell McGee, 34, both of Buffalo, NY, with possession with intent to distribute and distribution of cocaine. The charge carries a maximum penalty of 20 years and a $1,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that the defendants are members of the Camp Street Gang which operates in the Camp Street area of the City of Buffalo. Gang members are believed to be responsible for the distribution of illegal narcotics including cocaine. According to the indictments, Mario and Tramell McGee distributed cocaine between November 2015 and May 2016.
The defendants were arraigned this afternoon before U.S. magistrate Judge Michael J. Roemer and are being held pending detention hearings scheduled for February 3, 2017, at 11:30 a.m., and February 6, 2017, at 11:00 a.m., respectively.
The indictments are the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Three Individuals Arrested and Charged in South Dakota Fraudulent Medical Device SchemeRead the Press Release
The Justice Department, in conjunction with the U.S. Postal Inspection Service, announced today that three individuals have been arrested on charges related to their involvement in a scheme to defraud consumers with regard to a medical device that they marketed as a treatment for over 200 different diseases and disorders, and for violating a judicial order that was previously imposed after this scheme was originally uncovered.
Over the weekend, U.S. Postal Inspectors arrested Rapid City, South Dakota residents Robert “Larry” Lytle, 81, and Fredretta L. Eason, 76, and Canada resident Irina Kossovskaia, 62, after the three were indicted by a federal grand jury in Rapid City, South Dakota. Lytle and Kossovskaia are charged with mail fraud, wire fraud, conspiracy, contempt, and obstruction of government proceedings. Eason is charged with criminal contempt. A fourth individual, Ronald D. Weir, 38, also of Rapid City, agreed to plead guilty on Monday to related conspiracy charges contained in a separate criminal information that was filed with the U.S. District Court for the District of South Dakota. These charges follow a separate civil enforcement action brought by the United States against Lytle and his QLaser businesses in late 2014.
As alleged in the charging documents and in filings from a prior civil case, Lytle, Kossovskaia, and Weir marketed and distributed “QLasers,” a collection of hand-held light-emitting devices that they falsely claimed could safely and effectively treat a panoply of medical conditions at home, including cancer, cardiac arrest, HIV, diabetes, and even Lou Gherig’s disease. The use of the QLaser to treat such serious conditions is unsupported by any published clinical, scientific studies, and not approved by the U.S. Food and Drug Administration (FDA). The defendants sold the devices alone and in combination packages mostly to elderly consumers for prices that ranged from approximately $4,000 to $13,000. To convince consumers of their claim that the device was able to “help almost every health problem ever experienced by a human being,” promotional material for the QLaser referred to the device’s inventor as “Dr. Larry Lytle, D.D.S., Ph.D.” to create the false impression that he was especially knowledgeable, scientifically competent, credible and authoritative. In reality, Lytle’s license to practice dentistry was permanently revoked for engaging in fraud and material deception and his claimed “Ph.D.” in “nutrition” is not legitimate.
In 2015, during the civil case against Lytle, the federal court concluded that the QLaser’s labeling was not only false and misleading, but also that using the device could actually be dangerous when used as Lytle directed. As a result, the court ordered Lytle and anyone acting in concert and participation with him to cease distributing the devices. The defendants’ disobedience of the court’s orders is the basis of the criminal contempt charges contained in the indictment. In addition to criminal contempt, mail fraud, and wire fraud, the grand jury also charged Lytle with obstruction of the FDA by making false statements and providing false documents during the agency’s inspections of his QLaser business.
In accordance with a plea agreement with Weir, the government charged him in a criminal information with one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. The information accuses Weir of conspiring with Lytle and others to market and distribute QLasers through a company called “Laser Wellness.”
“As the indictment alleges, these individuals targeted vulnerable citizens for years, preying on weaknesses brought about by chronic illnesses and fear of death—all to enrich themselves, and even where the scheme entailed violating a direct court order to stop,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This prosecution further demonstrates the Department’s ongoing commitment to protecting older Americans from fraud and abuse.”
“This indictment represents the government’s commitment to protecting consumers from unethical and predatory businesses,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “In cases like this, prosecutorial measures are the only recourse when a business repeatedly demonstrates blatant disregard for the law, and potentially jeopardizes the health and safety of its consumers.”
“The U.S. Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”
In addition to fines, each count of mail and wire fraud in the indictment carries a statutory maximum sentence of 20 years’ imprisonment. Each of the conspiracy and obstruction counts carries a maximum sentence of five years imprisonment. There is no statutory maximum penalty for criminal contempt.
The criminal investigation has been conducted by the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.
The details contained in indictments and informations are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Three Cleveland men sentenced to prison for more than a decade for armed robberies in Solon, Bath and North OlmstedRead the Press Release
Three Cleveland men were sentenced to prison for more than a decade for committing armed robberies in Solon, Bath and North Olmsted, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Trevor Velinor, Special Agent in Charge of ATF’s Columbus Field Division.
Stephone D. Tillman, 25, Matthew S. Bowen, Jr., 25, and Christopher R. Jones, 26, were previously found guilty of multiple counts of interfering with interstate commerce by means of robbery and brandishing firearms during a crime of violence. Tillman was found guilty of being a felon in possession of a firearm.
Tillman was sentenced to 20 years in prison.
Bowen was sentenced to nearly 13 years in prison.
Jones was sentenced to nearly 11 years in prison.
“These men deserve to be locked up for a long time after using loaded guns to rob hard-working people,” Rendon said.
“There is no place in our society for those who use firearms for illegal purposes,” Velinor said. “The cooperative efforts between ATF and the Solon, North Olmsted, and Bath Police Departments are a positive example that we have more impact when we work together to bring violent criminals to justice.”
Tillman, Bowen, and Jones robbed the Circle K, located at 29605 Aurora Road, in Solon, on September 15, 2015.
On October 3, 2015, Bowen and Tillman robbed the Zip Thru drive-through store located at 30781 Lorain Road, in North Olmsted.
On October 8, 2015, all three defendants robbed the Circle K, located at 791 Cleveland-Massillon Road, in Bath, according to court documents.
Each of the robberies involved the use of a firearm, according to court documents.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in conjunction with the Solon, North Olmsted, and Bath Police Departments. The case is being prosecuted by Assistant United States Attorneys Kevin R. Filiatraut and Kelly L. Galvin.
Ten Area Men Charged with Federal Dog-Fighting OffensesRead the Press Release
ROCK ISLAND, Ill. – Federal and local law enforcement officers made arrests this morning of area men charged by indictment with conspiracy to sponsor and participate in a dog-fighting venture and related charges. The indictment, returned by the grand jury last week, had remained sealed pending the arrests and initial court appearances. The defendants are making their initial appearances in federal court in Rock Island.
Those charged in the conspiracy include the following: Demarlo A. McCoy, 29; Ryan M. Hickman, 42; Andre Keywan Lidell, 40; Algerron Lee Goldsmith, 46; Stantrel Vontrez Knight, 29; Simmeon Terrell Hall, 28; Sherrick Cornelius Houston, 43; Willie Earl Jackson, 34, all of Rock Island, Ill.; and, Terrell Onterial McDuffy, 43, of Davenport, Iowa. In addition, the indictment charges Jaquan Leontae Jones, 27, also of Rock Island, with a single misdemeanor count of knowingly attending a dog fight.
Acting U.S. Attorney Patrick D. Hansen, FBI Special Agent in Charge Sean M. Cox, Springfield Field Office, and Rock Island Police Chief Jeffrey R. VenHuizen announced the charges today. The investigation was conducted by the FBI and the Rock Island Police Department. Assistant U.S. Attorneys Don Allegro and Ryan Finlen are prosecuting the case.
The indictment charges the defendants with conspiring from 2011 through April 14, 2016, to sponsor pit bull-type dogs in fights as well as buying, selling, training, and possessing dogs to participate in such fights. According to the indictment, the defendants allegedly scheduled and conducted dog fights for sport and entertainment and wagered money on fight results.
The defendants allegedly discussed and disseminated information, including video recordings of dog fights, to establish the fighting reputations of specific dogs, to maximize the dogs’ values for breeding fighting dogs, and to maximize the defendants’ reputations as fighting-dog trainers and breeders.
In a separate, but related matter, the government filed a civil complaint in April 2016, seeking forfeiture of approximately 64 dogs that were seized in the execution of search warrants on April 14, 2016. According to the civil complaint, the dogs were involved in and used to commit or facilitate the alleged dog-fighting venture.
To date, pursuant to a court order, 27 of the previously seized dogs have been forfeited to the government. On Jan. 26, 2017, the court granted the government’s motion for default pertaining to 24 additional dogs. Two dogs have been euthanized pursuant to a court order; five were voluntarily surrendered; and three dogs have died. There are three dogs whose claims remain unresolved, including two for which a motion to strike is currently pending.
Law enforcement agencies that coordinated and participated in making today’s arrests include: the Rock Island Police Department; FBI; Rock Island County Sheriff’s Office; DEA; Scott County, Iowa Sheriff’s Office; the Quad City Metropolitan Enforcement Team (QCMEG); and the U.S. Marshals Service.
Representatives of the American Society for the Prevention of Cruelty of Animals (ASPCA) were available today to assist in the event any additional dogs were seized in the execution of the arrest warrants. ASPCA continues to assist in the care of the dogs seized by law enforcement in April 2016, during the execution of search warrants.
Members of the public are reminded that an indictment is merely an accusation; each defendant is presumed innocent unless proven guilty.
If convicted, the maximum statutory penalty for each offense charged is prescribed by Congress and is provided here for informational purposes, as sentencing is determined by the court based on
the advisory Sentencing Guidelines and other statutory factors. The maximum statutory penalty is up to five years in prison and fines of up to $250,000 for each count charged of conspiracy to sponsor/exhibit pit bulls in an animal fighting venture; sponsoring/exhibiting an animal in an AFV; possessing an animal for purposes of having the animal participate in an AFV; and transporting an animal for purposes of having the animal participate in an AFV. For the misdemeanor charge of knowingly attending an AFV, the penalty is up to one year in prison. The table below lists the defendants and specific counts charged in the indictment.
Defendant
Charge
Demarlo A. McCoy, 29
400 block 7th St.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Sponsoring/exhibiting an animal in an AFV (4 counts)
Possessing an animal for purposes of having the animal participate in an AFV (1 count)
Ryan M. Hickman, 42
500 block 14th Ave.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Possessing an animal for purposes of having the animal participate in an AFV (1 count)
Andre Keywan Lidell, 40
800 block 15th Ave.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Sponsoring/exhibiting an animal in an AFV (2 counts)
Possessing an animal for purposes of having the animal participate in an AFV (1 count)
Algerron Lee Goldsmith, 46
1200 block 14th St.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Possessing an animal for purposes of having the animal participate in an AFV (1 count)
Defendant
Charge
Stantrel Vontrez Knight, 29
500 block 6th St.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Sponsoring/exhibiting an animal in an AFV (1 count)
Possessing an animal for purposes of having the animal participate in an AFV (1 count)
Terrell Onterial McDuffy, 43
1800 block 8th Ave.
Davenport, Iowa
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Simmeon Terrell Hall, 28
800 block 21st St.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Sponsoring/exhibiting an animal in an AFV (3 counts)
Transporting an animal for purposes of having the animal participate in an AFV (1 count)
Sherrick Cornelius Houston, 43
1600 block 5th St.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Possessing an animal for purposes of having the animal participate in an AFV (1 count)
Willie Earl Jackson, 34
1500 block 9th St.
Rock Island, Ill.
Conspiracy to sponsor/exhibit pit bulls in an animal fighting venture (1 count)
Sponsoring/exhibiting an animal in an AFV (1 count)
Jaquan Leontae Jones, 27
1000 block 10th Ave.
Rock Island, Ill.
Knowingly attending an animal fighting venture (1 count)
Teller Supervisor Convicted of Concealing Theft of Bank FundsRead the Press Release
McALLEN, Texas – A McAllen woman has entered a guilty plea to falsifying bank records in order to conceal theft of $1.25 million in bank funds, announced U.S. Attorney Kenneth Magidson.
Jill Marie Myers, 42, was employed as the teller supervisor at the Edinburg branch of First National Bank, later PlainsCapital Bank. Among her duties, she was responsible for verifying the amount of U.S. currency maintained by the bank in its various “cash vaults” and then entering those amounts at the end of each day into the general ledger of the bank.
An investigation into these records revealed that from approximately June 2004 until June 2014, U.S. currency belonging to the bank began to disappear from the vault at an average of $10,000 per month. Myers admitted she created fraudulent entries in bank records in order to conceal theft of $1.25 million in U.S. currency.
The scheme was uncovered in June 2014 after PlainsCapital Bank acquired the Edinburg location of First National Bank.
U.S. District Judge Micaela Alvarez accepted the plea today and has set sentencing for April 26, 2017. At that time, Myers faces up to 30 years in federal prison and a possible $1 million fine. She has also agreed to pay restitution. Myers was permitted to remain on bond pending her sentencing hearing.
The FBI conducted the investigation with the assistance of the Federal Deposit Insurance Corporation. Assistant U.S. Attorney Robert L. Guerra Jr. is prosecuting the case.
Three Individuals Arrested and Charged in South Dakota Fraudulent Medical Device SchemeRead the Press Release
WASHINGTON - The Justice Department, in conjunction with the U.S. Postal Inspection Service, announced today that three individuals have been arrested on charges related to their involvement in a scheme to defraud consumers with regard to a medical device that they marketed as a treatment for over 200 different diseases and disorders, and for violating a judicial order that was previously imposed after this scheme was originally uncovered.
Over the weekend, U.S. Postal Inspectors arrested Rapid City, South Dakota residents Robert “Larry” Lytle, 81, and Fredretta L. Eason, 76, and Canada resident Irina Kossovskaia, 62, after the three were indicted by a federal grand jury in Rapid City, South Dakota. Lytle and Kossovskaia are charged with mail fraud, wire fraud, conspiracy, contempt, and obstruction of government proceedings. Eason is charged with criminal contempt. A fourth individual, Ronald D. Weir, 38, also of Rapid City, agreed to plead guilty on Monday to related conspiracy charges contained in a separate criminal information that was filed with the U.S. District Court for the District of South Dakota. These charges follow a separate civil enforcement action brought by the United States against Lytle and his QLaser businesses in late 2014.
As alleged in the charging documents and in filings from a prior civil case, Lytle, Kossovskaia, and Weir marketed and distributed “QLasers,” a collection of hand-held light-emitting devices that they falsely claimed could safely and effectively treat a panoply of medical conditions at home, including cancer, cardiac arrest, HIV, diabetes, and even Lou Gherig’s disease. The use of the QLaser to treat such serious conditions is unsupported by any published clinical, scientific studies, and not approved by the U.S. Food and Drug Administration (FDA). The defendants sold the devices alone and in combination packages mostly to elderly consumers for prices that ranged from approximately $4,000 to $13,000. To convince consumers of their claim that the device was able to “help almost every health problem ever experienced by a human being,” promotional material for the QLaser referred to the device’s inventor as “Dr. Larry Lytle, D.D.S., Ph.D.” to create the false impression that he was especially knowledgeable, scientifically competent, credible and authoritative. In reality, Lytle’s license to practice dentistry was permanently revoked for engaging in fraud and material deception and his claimed “Ph.D.” in “nutrition” is not legitimate.
In 2015, during the civil case against Lytle, the federal court concluded that the QLaser’s labeling was not only false and misleading, but also that using the device could actually be dangerous when used as Lytle directed. As a result, the court ordered Lytle and anyone acting in concert and participation with him to cease distributing the devices. The defendants’ disobedience of the court’s orders is the basis of the criminal contempt charges contained in the indictment. In addition to criminal contempt, mail fraud, and wire fraud, the grand jury also charged Lytle with obstruction of the FDA by making false statements and providing false documents during the agency’s inspections of his QLaser business.
In accordance with a plea agreement with Weir, the government charged him in a criminal information with one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. The information accuses Weir of conspiring with Lytle and others to market and distribute QLasers through a company called “Laser Wellness.”
“As the indictment alleges, these individuals targeted vulnerable citizens for years, preying on weaknesses brought about by chronic illnesses and fear of death—all to enrich themselves, and even where the scheme entailed violating a direct court order to stop,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This prosecution further demonstrates the Department’s ongoing commitment to protecting older Americans from fraud and abuse.”
“This indictment represents the government’s commitment to protecting consumers from unethical and predatory businesses,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “In cases like this, prosecutorial measures are the only recourse when a business repeatedly demonstrates blatant disregard for the law, and potentially jeopardizes the health and safety of its consumers.”
“The U.S. Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”
In addition to fines, each count of mail and wire fraud in the indictment carries a statutory maximum sentence of 20 years’ imprisonment. Each of the conspiracy and obstruction counts carries a maximum sentence of five years imprisonment. There is no statutory maximum penalty for criminal contempt.
The criminal investigation has been conducted by the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.
The details contained in indictments and informations are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
NOTE: Relevant court documents are available at the following links: Indictment, Weir Criminal Information, Weir Plea Agreement and Weir Factual Basis Statement.
St. Paul Man Sentenced for Making False StatementRead the Press Release
Abingdon, VIRGINIA – A St. Paul, Virginia man, who lied about his employment status in order to continue to collect disability benefits from the Railroad Retirement Board, was 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 W. David, 58, of St. Paul, Va., previously pled guilty to one count of making materially false, fictitious and fraudulent statements. Today in District Court, David was sentenced to two years of probation to include six months of home confinement. David paid restitution to the Railroad Retirement Board in the amount of $70,206.
According to evidence presented at previous hearings by Special Assistant United States Attorney Kathleen Carnell, on July 25, 2015, David knowingly made a willfully false statement and representation to the Railroad Retirement Board by failing to report his self-employment with Copperhead Road Properties LLC. As part of the defendant’s eligibility for disability benefits, he was required to report all information regarding employment to the Railroad Retirement Board.
The investigation of the case was conducted by Special Agent Patrick Fletcher of the Office of Inspector General U.S. Railroad Retirement Board. Special Assistant United States Attorney Kathleen Carnell prosecuted the case for the United States.
St. Maries Man Pleads Guilty to Federal Drug ChargeRead the Press Release
COEUR D’ALENE – Darrin Craig Dahl, 43, of St. Maries, Idaho, pleaded guilty today to possession with intent to distribute 50 grams or more of methamphetamine, U.S. Attorney Wendy J. Olson announced. Dahl was indicted by a federal grand Jury in Coeur d'Alene on August 16, 2016.
According to the plea agreement, Dahl admitted that on June 12, 2016, he was driving erratically on U.S. 95 in Benewah county. A Benewah County Sheriff's deputy and a Coeur d'Alene Tribal Police officer tried to pull him over when Dahl jumped from his vehicle and tried to flee. He was arrested and found in possession of over 50 grams of methamphetamine, digital scales, baggies and cash. As part of the plea agreement, Dahl agreed to forfeit $4,000 in drug proceeds. Dahl also admitted that he was subject to a sentencing enhancement due to his previous drug conviction from Nez Perce County, Idaho in 2014.
The charge of possession with intent to distribute with the sentencing enhancement is punishable by at least 10 years and up to life in federal prison, a maximum fine of $8,000,000, and at least 8 years but up to life of supervised release.
Sentencing is set for April 25, 2017, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
“This demonstrates why it is critically important that there be good communication between local and tribal law enforcement,” Olson said. “Only by all law enforcement, state, county, tribal, city and federal working together can we do what we are charged to do, keep our communities safe.”
The case was investigated by the Benewah County Sheriff’s Office, Coeur d’Alene Tribal Police and Bureau of Indian Affairs, Drug Enforcement Unit.
St. Francis Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 31, 2017, by U.S. District Judge Roberto A. Lange.
Ennors Quick Bear, age 28, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Quick Bear was indicted by a federal grand jury on October 12, 2016. He pled guilty on November 14, 2016.
Quick Bear was convicted of Sexual Abuse of a Minor in federal court in September 2012. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In June 2016, Bear registered with an address in St. Francis. On August 9, 2016, Bear moved to a different address in St. Francis, but did not update his registration. Bear was on federal supervised release at the time and a warrant was issued for his arrest. On September 15, 2016, Bear was arrested at a house in St. Francis without incident. Bear did not update his sex offender registration between August 12, 2016, and September 15, 2016, as required by law.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Quick Bear was immediately turned over to the custody of the U.S. Marshals Service.
Spanish Woman Admits Illegal Re-entryRead the Press Release
SYRACUSE, NEW YORK – Maria Martinez a/k/a Maria Josefa Munagorri Diaz, age 49, of Madrid, Spain, pled guilty yesterday to attempting to illegally re-enter the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
Martinez was convicted of conspiracy to distribute cocaine in the Northern District of Ohio in 2002, and after serving 32 months in prison, was deported. Because of her conviction, Martinez is not allowed to enter the United States. As part of her guilty plea yesterday, Martinez admitted that on August 8, 2016, she presented herself at the Champlain Port of Entry for admission to the United States and presented a passport in the name of “Maria Josefa Munagorri Diaz.” A fingerprint scan of Martinez resulted in the discovery of her arrest record and prior deportation.
As a result of her conviction, Martinez faces up to 20 years in prison and a fine of up to $250,000 when she is sentenced by Senior U.S. District Judge Norman A. Mordue on May 30, 2017. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by United States Customs and Border Protection and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Southern District of Georgia Collects over $19 Million in Civil, Criminal and Asset Forfeiture Cases in 2016Read the Press Release
SAVANNAH, GA - U.S. Attorney Edward Tarver announced today that the Southern District of Georgia collected over $19.4 million in civil, criminal and asset forfeiture actions during the 2016 calendar year. Of this amount, $15,694,972.37 was collected in affirmative civil enforcement actions; $2,798,814.88 was collected in criminal actions; and, $949,712.44 in assets were forfeited.
U.S. Attorney Tarver stated, “The amounts of money collected in criminal, civil and asset forfeiture actions by the men and women of the United States Attorney’s Office in 2016 are enough to pay this Office’s yearly budget several times over. This Office earns its keep and then some.”
The U.S. Attorneys’ Offices, along with the Department of Justice’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs. Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.
For additional questions, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Smuggler Gets Enhanced Sentence for Raping Undocumented Honduran AlienRead the Press Release
McALLEN, Texas – A 30-year-old Mexican national has been ordered to federal prison for harboring undocumented aliens, announced U.S. Attorney Kenneth Magidson. Adan Hernandez-Nunez pleaded guilty Sept. 29, 2016.
Today, U.S. District Judge Micaela Alvarez sentenced Hernandez-Nunez to 50 months imprisonment. The sentence was enhanced because he raped one of the undocumented aliens. Upon imposing the sentence, the court noted that the sentence was warranted due to the rape and the harm that Hernandez-Nunez put these individuals in by engaging in this crime.
From June 7 to July 14, 2016, Hernandez-Nunez harbored undocumented aliens in a residence in Palmhurst. During this time, he sexually assaulted one undocumented alien and threatened to kill her if she reported the assault to anyone.
On July 15, 2016, an undocumented Honduran alien advised Border Patrol agents that another female undocumented alien had previously escaped from the same stash house. The victim further advised agents that Hernandez-Nunez had accused her of encouraging the female undocumented alien to escape and threatened her, saying she “was going to pay for it.” Subsequently, on July 11, 2016, Hernandez-Nunez raped the undocumented Honduran alien.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol, Immigrations and Customs Enforcement’s Homeland Security Investigations and the Hidalgo County Sheriff’s Office conducted the investigation.
Assistant U.S. Attorneys Alex Benavides and Jimmy Leo prosecuted the case.
Shiloh Man Sentenced to over 12 Years in Prison for Robbing Gas Station Twice. Case Was Brought as Part of the United States Attorney's Armed Robbery InitiativeRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced that Michael L. Jackson, III, 21, of Shiloh, Illinois, was sentenced today in the United States District Court for the Southern District of Illinois to 148 months in federal prison, 5 years of supervised release, and was ordered to pay a $300 special assessment and $917 in restitution for charges stemming from two armed robberies which occurred at Midwest Petroleum in Shiloh in December of 2011 and March of 2014.
Evidence at trial showed that on December 21, 2011, Jackson entered Midwest Petroleum located at 1551 Hartman Lane wielding a knife and demanded money from the clerk. He was wearing a ski mask which covered his entire face, and the clerk was unable to make any kind of identification. He fled southbound on foot and discarded the clothing and ski mask he wore during the robbery in a field adjacent to Midwest Petroleum. On March 13, 2014, Jackson again entered Midwest Petroleum, brandished a firearm, and demanded money and Newport cigarettes from the clerk. He again was wearing a ski mask which covered his entire face, and the clerk was unable to make any kind of identification. He fled southbound on foot and discarded the clothing and ski mask he wore during the robbery in the same field adjacent to Midwest Petroleum. Investigators from the Shiloh Police Department found the clothing after each robbery and collected it as evidence.
In listening to the surveillance videos, Shiloh investigators believed the robber was Jackson based upon the voice. The clothes worn and discarded in the field from both robberies were submitted to the Illinois State Police Crime Laboratory for DNA testing, and Jackson’s DNA was found on all of the clothing tested.
The investigation was conducted by the Shiloh Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Laura V. Reppert and Special Assistant United States Attorney Emily Wasserman.
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Seven Sentenced in $6 Million Health Care Fraud SchemeRead the Press Release
HOUSTON – The final seven of eight convicted in a $6 million fraudulent Medicare billing scheme have been ordered to federal prison, announced U.S. Attorney Kenneth Magidson.
A Houston federal jury has returned guilty verdicts June 28, 2016, against Giam Nguyen, D.O.,47, of Houston; Benjamin Martinez, M.D., 35, of Dallas; Donovan Simmons, M.D., 43, of Austin; and Anna Bagoumian, 44, of Glendale, California, following an eight-day trial and approximately 13 hours of deliberation. Zaven Pogosyan, 38, Edvard Shakhbazyan, 41, and Seryan Mirzakhanyan, 32, all of Glendale, California; and Frank Montgomery, 67, of Houston; pleaded guilty prior to trial.
At a hearing that concluded late yesterday, U.S. District Judge Lynn N. Hughes handed Nguyen, Edvard Shakhbazyan and Pogosyan all sentences of 87 months in prison and ordered they pay restitution in the amount of $3.3 million. Martinez, Montgomery and Simmons were ordered to serve respective sentences of 28, 17 and 15 months, while Bagoumian will serve a 51-month-term of imprisonment. All were also ordered to pay varying terms of restitution ranging from $6,200 to $2.6 million.
Seryan Mirzakhanyan, 32, was sentenced earlier this month to a 28-month-term of imprisonment and ordered to pay restitution of $1.48 million.
The scheme involved fraudulent billing for diagnostic testing done at three different clinics from September 2008 to May 2010. Patients were paid to come to the clinics, and the clinics then billed for tests that were either not performed or not medically necessary.
Pogosyan and Edvard Shakhbazyan were the former owners of medical clinics located at 2110 Jefferson, 2112 Pease and 6892 Southwest Freeway, Suite 2A, in Houston. Both admitted they opened the three clinics with the intention to defraud Medicare. The majority of the diagnostic tests allegedly performed there were either not done or not medically necessary. Further, the medical equipment, patient files and doctors were all there only to make it appear legitimate. The men also admitted hiring doctors for that purpose and that they paid marketers to bring patients to the fraudulent clinics.
Pogosyan hired Nguyen, who was the only doctor working at the clinics. Pogosyan also hired Martinez and Simmons to travel to Houston once a month to review patient files at the clinic located on Pease Street.
Patients were brought to the clinics by recruiters/marketers like Montgomery who were paid for each patient they delivered. Seryan Mirzakhanyan and Edvard Shakhbazyan paid the marketers for the patients as did Pogosyan and Bagoumian. Mirzakhanyan and Montgomery testified at trial about receiving the cash payments. The court also heard that Bagoumian participated in shredding all of the patient and business records of the Jefferson clinic.
Some of the Medicare beneficiaries also testified as to being paid approximately $100 to go to the clinics. They had primary care physicians, but they reported that they were not referred to the clinics by their physicians nor did they receive any of the test results.
During trial, a law enforcement agent testified about reviewing patient files seized during the searches of the Pease and Southwest Freeway clinics. The jury heard that 730 of the 1229 patients reported their chief complaint as back pain. Nevertheless, those patients were given ultrasounds of their kidneys, abdomens, thyroids, carotid arteries as well as allergy tests and anorectal tests. His testimony also revealed that not one of the files contained a plan of treatment or any indication that the test results were discussed with the patient.
Further, an expert witness told the jury that the anorectal manometry and EMG of the anal or urethral sphincter test results in the patient files were physiologically impossible and therefore could not have been done. He also said there was no medical justification in any of the files to do either of the tests.
The court also heard that Simmons had admitted being paid $40,000 for reviewing 20-30 patient files in less than four hours. Bagoumian received checks totaling $183,000 and cashed every one of them, according to testimony.
With the exception of Bagoumian and Montgomery, who were ordered into custody for violating the terms of their pre-trial release, all had been on bond. Nguyen was taken into custody following the sentencing where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. The remaining defendants were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Multiple agencies conducted the investigation to include The Texas Attorney General’s Office – Medicaid Fraud Control Unit, IRS - Criminal Investigation, FBI, Department of Health and Human Services - Office of Inspector General. Assistant U.S. Attorneys Al Balboni and Rodolfo Ramirez prosecuted the case.
Scranton Man Charged with Possessing and Distributing Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shawn Howells, age 43, of Scranton, Pennsylvania, was indicted by a federal grand jury with possessing and distributing child pornography.
According to United States Attorney Bruce D. Brandler, the indictment alleges that between November 29, 2016 and January 20, 2017, Shawn Howells used the internet to view a minor engaging in illegal sexual activity, and during that same time period transported child pornography by any means, including by computer.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Evan Gotlob is prosecuting the case.
If convicted, Howells faces a mandatory minimum sentence of 5 years in prison and a potential maximum sentence of 20 years in prison for the possessing and distributing child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
If convicted, Howells faces a mandatory minimum sentence of five years and a maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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San Benito Man Heads to Prison for Posing as Licensed Vocational NurseRead the Press Release
McALLEN, Texas ‐ A San Benito man has been ordered to federal prison following his conviction of aggravated identity theft, announced U.S. Attorney Kenneth Magidson. Juan Manuel Perez, 36, pleaded guilty Nov. 3, 2016.
Today, U.S. District Judge Micaela Alvarez handed Perez a mandatory 24-month sentence imprisonment in connection with his misappropriation of the identity of a Licensed Vocational Nurse (LVN) of the same name. In handing down the sentence, Alvarez noted that Perez’s misappropriation of the LVN’s identity had denied patients the right to receive health care from a licensed professional.
In December 2014, Perez obtained employment with Cleveland Health Care LLC in McAllen, claiming to be an LVN. The license number presented by Perez, however, belonged to another individual of the same name. Perez is not licensed by the Texas Board of Nursing and is not an LVN.
Perez, posing as the LVN, conducted patient home visits and provided medical services from December 2015 through July 2016 while employed with Cleveland Health Care.
Previously released on bond, Perez 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 Department of Health and Human Services‐Office of Inspector General, FBI and the Health and Human Services Commission conducted the investigation. Assistant U.S. Attorneys Andrew Swartz and Michael Day are prosecuting the case.
Roanoke Man Sentenced on Cocaine ChargeRead the Press Release
Roanoke, VIRGINIA – Acting United States Attorney Rick A. Mountcastle announced today the sentencing of a Roanoke man on a federal drug charge.
Terrance Donald Jackson, 29, of Roanoke, Va., previously pled guilty to one count of distribution of cocaine. Today in District Court, Jackson was sentenced to 151 months in federal prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roanoke City Police Department and the agencies of the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Renton, Washington Man Sentenced to 105 Months in Prison for Conspiracy to Commit Money LaunderingRead the Press Release
Spokane, WA - Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Richard Estes, age 77, of Renton, Washington, was sentenced, after having previously pled guilty on December 16, 2015, to Conspiracy to Commit Money Laundering. United States District Judge Salvador Mendoza, Jr. sentenced Estes to a term of imprisonment of 105 months, to be followed by a three-year term of court supervision after he is released from Federal prison. In addition, Estes was ordered to pay $4,360,724.50 in restitution to the taxpayers of the United States.
According to information disclosed during the court proceedings, Estes was a member of a conspiracy involving Gen-X Energy Group, Inc. (Gen-X), a renewable energy company formerly located in Pasco and Moses Lake, Washington. Between March of 2013 and May of 2014, Estes and his co-conspirators laundered the proceeds of schemes to (1) falsely claim the production of marketable renewable energy credits; and (2) file false claims for refunds of excise credits with the IRS. Throughout this period, much of the renewable fuel claimed to be produced at the Gen-X facilities was either not produced or re-processed multiple times. In total, over $39,000,000 of proceeds of the scheme was laundered through accounts owned or controlled by Estes.
Michael C. Ormsby stated, “The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for white collar crimes. I commend the tenacious and thorough efforts of the IRS-Criminal investigations and the Environmental Protection Agency’s Criminal Investigation Division."
"This is a classic case of an individual who allowed his own unfettered greed to guide his duplicitous actions," stated Special Agent in Charge Darrell Waldon of IRS Criminal Investigation. "When that greed turns into fraud to the degree perpetrated by Richard Estes and his co-conspirators, IRS CI stands ready with our law enforcement partners to serve as the guardians of economic equity and social justice."
This investigation was conducted by the Internal Revenue Service-Criminal Investigations and the Criminal Investigation Division of the Environmental Protection Agency. The case was prosecuted by Scott T. Jones, Assistant United States Attorney for the Eastern District of Washington; Karla G. Perrin, EPA Regional Criminal Counsel and Special Assistant United States Attorney for the Eastern District of Washington; and Thomas Franzinger, Trial Attorney, Environmental Crimes Section, United States Department of Justice.
Prince George’s County Drug Dealer Sentenced to 8 Years in Federal Prison - Result of a Joint Investigation Targeting Armed Drug DealersRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced James Ricardo Williams, a/k/a Snipe, age 28, of District Heights, Maryland, today to eight years in prison, followed by four years of supervised release, for conspiracy to distribute crack cocaine and phencyclidine (PCP) and for possession with intent to distribute narcotics.
His brother, Ricky Lee Williams, a/k/a Slick, Pullaman, and Stacy, age 27, of Forestville, Maryland, previously pleaded guilty to the drug conspiracy, and to being a felon in possession of a gun.
Their charges were the result of a joint investigation by ATF, DEA and the Prince George’s County Police Department that targeted armed drug dealers in Prince George’s County.
The sentence and guilty plea were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division (ATF); Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division (DEA); and Chief Hank Stawinski of the Prince George’s County Police Department.
According to their plea agreements, from September 2015 until June 2016, James and Ricky Williams and others conspired to distribute crack cocaine and PCP in Prince George’s County, particularly near the intersection of Walters Lane and Hil Mar Drive in Forestville. James Williams obtained PCP and powder cocaine from his suppliers in bulk quantities. The Williams brothers and their co-conspirators then distributed cocaine (most of which was manufactured into crack) and PCP to their customers. An ATF source also purchased a loaded .40 caliber semi-automatic pistol from Ricky Williams, who has a prior felony conviction and is therefore prohibited from possessing a firearm or ammunition.
A search warrant executed at James Williams’ residence, as well as an apartment and vehicle used by him to facilitate his drug trafficking resulted in the seizure of extensive drug trafficking paraphernalia, $1,400 in cash, and quantities of PCP and crack cocaine. The evidence also included recorded telephone conversations, surveillance, and information provided by other individuals.
Ricky Williams and the government have agreed that if the Court accepts the plea agreement Ricky Williams will be sentenced to 87 months in prison. Judge Titus has scheduled his sentencing for May 11, 2017 at 11:00 a.m.
United States Attorney Rod J. Rosenstein commended ATF, DEA and the Prince George’s County Police Department for their work in the investigation and thanked the Metropolitan Police Department, Maryland National Capital Park Police and U.S. Marshals Service for their assistance. Mr. Rosenstein thanked Assistant U.S. Attorneys Michael T. Packard and Thomas M. Sullivan, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Post Falls Woman Admits to Concealing Assets During BankruptcyRead the Press Release
COEUR D’ALENE – Rebecca C. Buell, 48, of Post Falls, Idaho, waived her right to indictment and pleaded guilty today to concealment of bankruptcy assets, U.S. Attorney Wendy J. Olson announced. An information was filed against Buell on December 16, 2017.
According to the plea agreement, Buell admitted that she concealed $38,960.53 in assets when she filed a chapter 7 bankruptcy in 2013.
The charge of concealment of bankruptcy assets is punishable by up to 5 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release.
Sentencing is set for April 25, 2017, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Coeur d'Alene.
The case was investigated by Internal Revenue Service, Criminal Investigations (IRS-CI).
Today's announcement is part of efforts underway by the Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Plummer Man Sentenced to 21 Years in Prison for Aggravated Sexual AbuseRead the Press Release
COEUR D’ALENE – Jeremy J. Bohlman, 37, of Plummer, Idaho, was sentenced today in federal court in Coeur d’Alene to 262 months in prison for aggravated sexual abuse and sexual abuse, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Court Judge Edward J. Lodge also ordered a ten-year term of supervised release following Bohlman’s release from prison.
During the three-day trial in October 2016, the jury heard evidence that Bohlman used force or fear against a female to cause her to engage in sexual intercourse. Bohlman argued that the act was consensual. Bohlman was previously convicted in federal court of sexual abuse of a minor and failure to register as a sex offender. All cases were tried in U.S. District Court because Bohlman is a member of a federally recognized Indian tribe.
“This defendant, through his conduct, well earned a twenty-one year prison sentence,” said Olson. “This office and its tribal and federal law enforcement partners are committed to protecting Native American women from sexual violence and to see that the perpetrators are punished.”
The case was investigated by the Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Philadelphia Man Sentenced Year in Prison for Theft of Government FundsRead the Press Release
Kenneth Duffy, 64, of Philadelphia, Pennsylvania, was sentenced to a year and a day in prison today, announced Acting United States Attorney Louis D. Lappen. In 2016, the defendant pled guilty to one count of theft of government funds, for stealing Social Security benefits intended for his deceased mother for nearly 20 years. After defendant Duffy’s mother died in January 1997, he continued to take her retirement benefits until his fraud was discovered in the summer of 2016. During that time, he kept his deceased mother’s name on the bank account where the funds were deposited, and continued to pay bills in his deceased mother’s name. When contacted by the Social Security Administration, which was trying to verify whether or not the decedent was alive and receiving her benefits, the defendant lied, stating that his mother was alive and living with his sister, in an effort to mislead the agency.
In addition to the prison sentence, the Honorable Harvey Bartle III ordered full restitution to the Social Security Administration of $235,995, and three years of supervised release upon completion of the prison sentence.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
Phenix City Doctor Pleads Guilty to Participating in a Drug Distribution Conspiracy and Money LaunderingRead the Press Release
Montgomery, Ala. – On Monday, January 30, 2017, Dr. Robert M. Ritchea, 54, of LaGrange, Georgia, pled guilty to one count of conspiring to unlawfully distribute a controlled substance through the operation of a “pill mill” and money laundering, announced United States Attorney George L. Beck, Jr. A “pill mill” is a medical clinic created to dispense controlled substances inappropriately, unlawfully, and for non-medical reasons.
According to court documents, Dr. Ritchea operated a family medical practice in Phenix City, Alabama. At that practice, Dr. Ritchea wrote prescriptions for Schedule II controlled substances, including oxycodone, hydrocodone, methadone, and hydromorphone, knowing that his patients did not actually need the drugs prescribed. Dr. Ritchea laundered the proceeds of his unlawful drug dealing by purchasing Schedule II pain medications—specifically, hydromorphone and hydrocodone—directly from a drug manufacturer. Dr. Ritchea then distributed the pills directly out of his medical practice. This was necessary to keep his “pill mill” operational since many pharmacists in and around Phenix City refused to fill the illegitimate and unlawful prescriptions Dr. Ritchea wrote.
In the coming months, Chief United States District Judge W. Keith Watkins will sentence Dr. Ritchea. At sentencing, Dr. Ritchea faces maximum sentences of 20 years in prison on each count, as well as substantial monetary penalties.
“Prescription drug abuse is a scourge on communities across this district, this state, and this country,” stated United States Attorney Beck. “The unnecessary use of prescription drugs is often the first step towards opiate-dependency, the loss of work, the severing of relationships, and, in all too many cases, death. Rather than curing illness, Dr. Ritchea was at the forefront of promoting this epidemic. I am proud that my office is holding him accountable for the harm he has caused and the trust he has betrayed.”
“Dr. Ritchea abandoned his professional liability and moral compass when he decided to promote substance abuse,” stated Special Agent in Charge Veronica F. Hyman-Pillot of the Internal Revenue Service’s Criminal Investigations Division. “Today’s guilty plea ensures that he will be held fully responsible for his contribution to the ongoing drug epidemic sweeping through communities.”
“The abuse of prescription drugs is a serious problem in our communities’ said Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton. “All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, the Drug Enforcement Administration and our federal, state, and local law enforcement partners will continue to target those who illegally distribute these dangerous drugs. We hope that this case will serve as a reminder to those in the medical profession who choose to illegally divert pharmaceuticals, that they will be held accountable for the harm they cause.”
This case was investigated by the following agencies: DEA’s Tactical Diversion Squad; the Internal Revenue Service’s Criminal Investigations Division; the FBI; the Opelika Police Department; the Chambers County Drug Task Force; the Auburn Police Department; the Alabama Law Enforcement Agency (ALEA); the Russell County Sheriff’s Office; the Lawrence County Sheriff’s Office; the Alabama Board of Medical Examiners; and the Alabama State Board of Pharmacy.
Assistant United States Attorneys Jonathan S. Ross and R. Rand Neeley are prosecuting the case.
Pakastani Man Indicted for Making False Statements Regarding Assault Rifle AccessoriesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.–Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Agha Muhammad Khan Durrani, 27, of Pakistan, with violation of the Arms Export Control Act, violation of the International Emergency Economic Powers Act, and with making false statements during an attempt unlawfully to export merchandise consisting of weapons parts. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the indictment and previously filed complaint, on July 19, 2016, the defendant and his father, after unsuccessfully attempting to bring assault rifle accessories into Canada, were escorted by the Canada Border Services Agency (CBSA) to Customs and Border Protection (CBP) officers at the Rainbow Bridge. Durrani told a CBP officer that he and his father were going to Cabela’s Sporting Goods in Cheektowaga, NY to return the accessories and a scope purchased on July 18, 2016.
The items specifically consisted of the following:
• Assault rifle rail systems
• Assault rifle grips
• Assault rifle mounting system
• Assault rifle buffer system
• Assault rifle stocks
• Assault rifle hand guards
• Assault rifle back up lights
Such items are included on the United States Munitions List and require a license to export. Durrani did not have such a license.During a secondary inspection, the defendant told a CBP officer he wanted to bring the assault rifle accessories back to Pakistan to be used for hunting and defending his family’s property and land.
Subsequent investigation determined that Durrani’s cellular telephone included photographs of multiple variants of assault rifles and hand guns and rifle components and accessories. There was also a photograph of a Nightforce BEAST 5-25x56mm F1 Riflescope on Amazon.com with the message, “This item does not ship to Canada. Please check other sellers who may ship internationally.”
A check of the defendant’s email showed a series of messages with another individual dated July 14, 2016. This email chain showed that Durrani had a shipment of similar weapons accessories ready to be picked up in Thailand with a value of $10,800. In the email the defendant responded that he was currently in Canada and that he would have to pick his shipment up at a later date and time.
While Durrani initially told CBP officers the weapon parts would only be used for personal use, the defendant later admitted that he sells guns, gun parts, ammo, and accessories in Pakistan through a business that he owns there.
The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroder and ordered detained.
The indictment is the culmination of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in- Charge Kevin Kelly and Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Over 100 Defendants Charged in Government Impersonation, Fraud, and Theft Schemes Involving Tens of Thousands of Stolen Personal IdentitiesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Miami Field Office Juan P. Perez, Director, Miami Dade Police Department (MDPD), Timothy Camus, Deputy Inspector General for Investigations, Treasury Inspector General for Tax Administration (TIGTA), Rafiq Ahmad, Special Agent in Charge, United States Department of Labor, Office of Inspector General, Miami Field Office (DOL-OIG), Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, and Margaret Moore-Jackson, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG) announce the filing of federal charges against more than 100 defendants in 81 separate cases, dealing with over 30,000 stolen identities and the intended theft of over $60 million dollars from individuals, businesses and government agencies through fraudulent schemes.
In August 2012, the U.S. Attorney’s Office for the Southern District of Florida, with the collaboration of our federal, state and local law enforcement partners, established the South Florida Identity Theft Refund Fraud Strike Force (Strike Force) to combat an increase in stolen identity tax refund scams. The collective efforts of the Strike Force resulted in the successful prosecution of countless stolen identity tax refund cases. However, while the wave of these pernicious offenses subsided, evolving fraud schemes have spread across South Florida. No longer limited to stolen identity tax refund fraud, the Strike Force, now Stolen Identity Fraud (SIF) Strike Force is investigating and prosecuting a variety of cases stemming from stolen personal identifying information (PII). These cases include intrusion into proprietary government databases; theft of customer account information; takeovers by identity thieves of accounts as diverse as U.S. Social Security and unemployment benefits, retail credit card accounts, and bank accounts; and the use of skimmers to steal valuable PII. These cases demonstrate that law enforcement in general and the Strike Force in particular continue to adapt to meet this insidious identity theft threat.
Since the inception of the Strike Force in 2012, the U.S. Attorney’s Office has charged more than 600 defendants, who were responsible for over $400 million in intended losses.
“Law enforcement will not stand by as criminals attempt to disrupt our lives, steal our savings, ravage our credit, and compromise our government benefit programs through calculated and pervasive fraud schemes,” stated U.S. Attorney Wifredo A. Ferrer. “Today’s announcement demonstrates that the collective response by our federal, state, and local law enforcement partners has had a profound impact on protecting the community from identity theft.”
“I urge everyone to take steps to protect their personally identifiable information (PII) from criminals who seek illicit profits through stolen identity fraud,” said George L. Piro, Special Agent in Charge, FBI Miami. “Learn how you can protect your PII at FBI.GOV or FTC.GOV. The FBI and our partners continue to actively target these fraudsters who victimize hard-working taxpayers.”
Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), stated, “Today’s announcement reinforces law enforcement’s continued commitment to combat identity theft in South Florida. As an agency, the IRS has made remarkable progress in its efforts to protect taxpayers, and we are focused on strengthening our systems and processes even more for this 2017 tax season. I urge taxpayers to protect their personal information and remain vigilant when choosing a return preparer. Beware of return preparers who claim they can get you a ‘higher’ refund then another preparer and those that set their fee based on a percentage of your refund. Ultimately, the taxpayer is responsible for what is filed with the IRS, so choose wisely. IRS-CI will continue to investigate significant Stolen Identity Refund Fraud (SIRF) schemes and egregious tax return preparers, and will collaborate with other federal agencies and IRS civil divisions to stop these thieves in their tracks.”
“The DOL-OIG is committed to working with our Identity Theft Strike Force partners to combat identity theft in the Southern District of Florida and safeguard the Nation's Unemployment Insurance program for those who seek relief from the financial impact of being unemployed,” stated Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor, Office of Inspector General.
"The impersonation of IRS employees continues to represent a serious threat to taxpayers and to the integrity of tax administration,” said Timothy P. Camus, Deputy Inspector General for the Treasury Inspector General for Tax Administration (TIGTA). “We are extremely grateful to the U.S. Attorney’s Office in Miami and their counterparts around the country for their excellent teamwork, collaboration, and support of our efforts on such cases. As these cases show, TIGTA agents continue to relentlessly pursue investigations of individuals who engage in this fraudulent activity and aggressively refer them for criminal prosecution.”
“These arrests are a reflection of the success that comes when federal, state and local law enforcement agencies work together to target criminal organizations and individuals in South Florida,” said Mark Selby, Special Agent in Charge of HSI Miami. “At HSI we will continue to aggressively investigate fraudulent financial schemes that put in jeopardy the integrity of our financial system and are often a gateway to further criminal activity.”
Antonio J. Gomez, Postal Inspector in Charge of the Miami Division stated, “The arrests of these individuals should serve as reassurance to our customers that the U.S. Postal Service remains one of the safest and securest ways of conducting both personal and private business and the U.S. Postal Inspection Service will stop at nothing to bring these criminals to account. Postal Inspectors will continue to partner with our federal and local law enforcement partners to aggressively investigate these types of crimes.”
Today’s Strike Force announcement reaffirms the collective joint federal, state and local commitment to the prosecution of perpetrators who steal, sell and use personal identification information to commit identity theft fraud schemes. The cases brought under the Strike Force operation, from October 2016 to the present day, include:
IRS IMPERSONATORS
United States v. Abhijeetsinh Jadeja and Rachel Jean Roragen, Case No. 17-CR-20085-Martinez
On January 27, 2017, Abhijeetsinh Jadeja, 29, of Miami, and, Rachel Jean Roragen, 41, of Miami Beach, were charged in a twelve-count indictment with conspiracy to commit wire fraud, possessing fifteen or more unauthorized access devices and aggravated identity theft.
to allegations contained in the indictment, between January 2014 and March 2016, Jadeja and Roragen’s co-conspirators impersonated officials from the IRS and other agencies during telephone calls in which they falsely represented to individual victims that they owed money to the IRS or fees on loans or grants. To satisfy their alleged debts, victims were fraudulently induced to send payments to bank accounts and debit cards under the control of Jadeja, Roragen and their conspirators.
Mr. Ferrer commends the investigative efforts of the TIGTA, ICE-HSI, IRS-CI, and the Miami Beach Police Department. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
United States v. Andre Oakley Wellington, Case No. 17-CR-60027-Dimitrouleas
On January 27, 2017, Andre Oakley Wellington, 37, of Coral Springs, was charged in a two-count indictment for participating in a conspiracy to commit mail fraud and mail fraud.
According to the allegations contained in the criminal complaint and indictment, beginning in July of 2016 and ending in January 2017, Wellington’s conspirators impersonated IRS employees during telephone calls in which they falsely represented to an individual victim that he/she owed money to the IRS. Wellington’s conspirators fraudulently induced the victim to send payments via private and commercial mail carriers to addresses located throughout the United States, in order to satisfy the alleged IRS debt. In addition, Wellington’s co-conspirators demanded that the victim send a package containing $25,000 to Wellington’s address in Coral Springs. The conspirators provided Wellington with the FedEx tracking number, which the defendant used to track the package’s arrival. The package was delivered to Wellington’s residence, and was then recovered by TIGTA Special Agents. In total, Wellington and his co-conspirators fraudulently obtained over $550,000 from the victim.
Mr. Ferrer commends the investigative efforts of TIGTA and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Daniel J. Marcet.
TAX REFUND FRAUD
United States v. Silvio Galvez, Case No. 16-CR-20016-Middlebrooks
On January 20, 2017, Silvio Galvez, 30, of Miami, was arrested on a criminal complaint and is charged by indictment for his alleged involvement in a $50 million stolen identity refund fraud scheme involving the cashing of fraudulently obtained large-dollar tax refund checks. Galvez was charged with conspiracy to commit theft of government money, conspiracy to commit bank fraud, theft of government money, and aggravated identity theft.
to allegations in the criminal complaint, Galvez was a leader in a conspiracy involving the filing of over $50 million in large tax refund claims — each claim ranging from approximately $130,000 to $170,000 — in 2013 and 2014. These fraudulent refund requests were submitted to the IRS for payment using stolen identity information. The tax refunds contained the same set of repeated addresses, including the defendant’s address. The IRS paid out at least $4.3 million via U.S. Treasury checks mailed to the addresses listed on the returns. Galvez directed individuals to deposit these fraudulently obtained tax refunds and other fraudulently obtained checks at a bank in Miami. Galvez separately directed a bank employee to open up accounts using stolen identity information so that fraudulently obtained tax refund checks could be deposited. Finally, Galvez directed the bank employee to obtain account information for accounts with substantial funds, in order to conduct account takeovers.
Mr. Ferrer commends the investigative efforts of IRS-CI, FBI and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
United States v. Evelina Sophia Reid, Case No. 17-CR-20057-Williams
On January 26, 2017, Evelina Sophia Reid, 35, of Miami Gardens, was charged in a fourteen-count indictment with conspiracy to commit access device fraud, possessing fifteen or more unauthorized access devices, aggravated identity theft, and computer fraud.
According to the indictment and publicly available documents, Reid was an employee of Jackson Health System when she accessed Jackson’s computer databases to steal patient PII, including social security numbers, of over approximately 24,000 individuals during a five-year period. Using the stolen information, Reid’s co-conspirators filed fraudulent tax returns in the names of Jackson Hospital patients.
Mr. Ferrer commends the investigative efforts of SSA-OIG, IRS-CI, USSS, DOL-OIG, MDPD Professional Compliance Bureau and Public Corruption Section, and the Miami-Dade County Office of the Inspector General. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
United States v. Douglas McArthur Bentley, Jr., et al,
Case No. 17-CR-20033-Altonaga
On January 19, 2017, Douglas Mcarthur Bentley, Jr., 41, Yvonne Lynn Bentley, 40, and Willie Ellis Hayden, 25, all of Homestead, were charged in a thirteen-count indictment for participating in a conspiracy to defraud the government with respect to claims, theft of government funds and aggravated identity theft.
According to the allegations contained in the indictment, starting on or about January 29, 2010, and continuing to on or about April 16, 2013, the defendants and their co-conspirators obtained stolen PII from various individuals without their consent and used the PII to file false and fraudulent tax returns with the IRS. The defendants and their co-conspirators also directed the IRS to electronically transfer tax refunds from the false and fraudulent tax returns to personal and corporate bank accounts they controlled at several banks located in Miami-Dade County, Florida. Once the tax refunds were deposited in bank accounts the defendants controlled, the illicitly obtained refunds were used for their personal gain and profit. According to allegations made in court, the intended loss amount for the fraud scheme was approximately $472,393.07 and the actual loss was $414,838.07.
Mr. Ferrer commends the investigative efforts of IRS-CI and the Homestead Police Department. This case is being prosecuted by Assistant U.S. Attorney Maurice A. Johnson.
United States v. Blain, et al., Case No. 16-CR-14076-Middlebrooks
On December 1, 2016, five people were charged in a three-count indictment for their participation in conspiracy to commit stolen identity tax refund fraud.
Charlton Tierry Blain, 30, Clifford Raoul Blain, 28, Stephane Randolph Blain, 25, all of Pembroke Pines, and Dorsey Sims, Jr., 31, and Luis Roberto Rodriguez, 38, both of Sebring, were charged with conspiracy to defraud the government with respect to claims; conspiracy to commit access device fraud; and unlawful transfer, possession or use of means of identification.
According to the allegations contained in the indictment, between January of 2012 and December of 2013, the defendants conspired to unjustly enriched themselves by using unlawfully obtained personally identifiable information to file false and fraudulent income tax returns. The fraudulently obtained tax refunds were deposited into fraudulent bank accounts controlled by the defendants, and the illicit proceeds were then withdrawn from those accounts. In total, 679 fraudulent tax returns were filed, claiming $986,978.00 in total refunds.
Mr. Ferrer commends the efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorneys Daniel E. Funk and Adam C. McMichael.
United States v. Teri Onick and Philip White,
Case No. 17-CR-20011-Williams
On January 6, 2017, Teri Onick, 44, of Miami, and Phillip White, 45, of Salt Lake City, UT, of Miami, were charged in a thirteen-count indictment for their participation in a conspiracy to defraud the U.S. government.
According to the allegations in the indictment, on various dates between February and October 2012, Onick and White unlawfully obtained and deposited the fraudulently obtained tax refund checks belonging to other persons, without their permission or authority, into Onick and White’s bank accounts for their personal use and benefit. The estimated fraud loss is over $150,000.00.
Mr. Ferrer commends the efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Cary Aronovitz.
United States v. Gregory Clermont, Case No. 17-mj-2128-Torres
On January 30, 2017, Gregory Clermont, 25, of Miami, was charged by criminal complaint with possession of fifteen or more unauthorized access devices, that is, social security numbers issued to other persons.
to the allegations contained in the criminal complaint, on May 7, 2013, Clermont was in possession of official tax documents and handwritten lists of names, dates of birth, and social security numbers belonging to other individuals, as well as other handwritten notes appearing to relate to the filing of tax returns. Clermont was also in possession of a composition book containing what appeared to be the names, dates of birth, and social security numbers of approximately 140 individuals, three H&R Block debit cards in other people’s names, and a laptop that contained user identification numbers associated with the filing and attempted filing of tax returns through TurboTax online. More than fifteen of the social security numbers in the composition book belonged to other individuals.
Mr. Ferrer commends the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney John P. Gonsoulin.
United States v. Johnathan Jameel Ford, Case No. 17-CR-20079-Williams
On January 27, 2017, Johnathan Jameel Ford a/k/a “Johnatan Jameel Ford”, 41, of Broward, was charged in a fourteen-count indictment for the theft of government money and aggravated identity theft.
According to the indictment, between September 2013 and July 2015, Ford received stolen tax refunds or deposited altered U.S. Treasury checks, totaling over $45,000, knowing that the tax refunds or U.S. Treasury checks had been stolen.
Mr. Ferrer commends the efforts of IRS-CI, TIGTA and USSS. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
United States v. Crystal Jesha Griffin, Case No. 17-CR-20076-Williams
On January 27, 2017, Crystal Jesha Griffin, 25, of Miramar, was charged in a nine-count indictment for theft of government money.
According to the allegations contained in the indictment, Griffin did knowingly and willfully receive United States Department of Treasury tax refunds, knowing the tax refunds to have been stolen. Specifically, Griffin is accused of receiving nine different tax refunds, from nine different victims, totaling $8,074.00.
Mr. Ferrer commended the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
United States v. Ronald Esperant, Case No. 17-mj-2122-O’Sullivan
On January 27, 2017, Ronald Esperant, 31, of Miami, was charged by criminal complaint with the theft of government money for his participation in a tax scheme that defrauded the U.S. government.
According to the allegations contained in the complaint, in April 2013 multiple tax refunds issued to other persons, without their permission or authority, were deposited into Esperant’s bank account for an actual loss amount of $5,885.00.
Mr. Ferrer commends the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Ricardo Innocent, Case No. 17-mj-2123-O’Sullivan
On January 27, 2017, Ricardo Innocent, 34, of Miami, was charged by criminal complaint with the theft of government money for his participation in a tax scheme that defrauded the U.S. government.
According to the allegations contained in the complaint, Innocent, filed fraudulent tax returns from January 2011 through February 2014 and had those fraudulently obtained tax refunds deposited into his bank account for an actual loss amount of $77,381.18.
Ferrer commends the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Michelin Petit-Maitre, Case No. 17-mj-2124-O’Sullivan
On January 27, 2017, Michelin Petit-Maitre, 36, of Miami, was charged by criminal complaint with the theft of government money for his participation in a tax scheme that defrauded the U.S. government.
According to the allegations contained in the complaint, Petit-Maitre filed fraudulent tax returns from June 2013 through in or around February 2014 in the names of other persons and had those fraudulently obtained tax refunds deposited into his bank for an actual loss amount of $41,840.00.
Ferrer commends the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Martha Somayra Gomez, Case No. 17-CR-20061-King
On January 26, 2017, Martha Somayra Gomez, 28, of Miami, was charged in a nine-count indictment for the theft of government money.
According to the allegations contained in the indictment, between August 20, 2012 and June 5, 2013, nine tax refunds issued to other persons were deposited into Gomez’s bank accounts for an actual loss amount of $24,922.00.
Mr. Ferrer commends the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney J. Mackenzie Duane.
United States v. Youri P. Baptiste, Case No. 17-CR-20048-Altonaga
On January 24, 2017, Youri P. Baptiste, 23, of Miami, was charged in a six-count indictment for the theft of government money.
According to the allegations contained in the indictment, between September 5, 2012 and September 24, 2013, six tax refunds issued to other persons were deposited into Baptiste’s bank accounts for an actual loss amount of $22,048.00.
Mr. Ferrer commends the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney J. Mackenzie Duane.
United States v. Altagrace Shaina Descollines, Case No. 17-CR-20047-Scola
On January 24, 2017, Altagrace Shaina Descollines, 25, of Hollywood, was charged in a three-count indictment for the theft of government money.
According to the allegations contained in the indictment, between December 5, 2012 and April 24, 2013, three tax refunds issued to other persons were deposited into Descollines’ bank account for an actual loss amount of $13,169.00.
Mr. Ferrer commends the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney J. Mackenzie Duane.
United States v. Quincy Thomas Cook, Case No. 17-CR-20059-Williams
On January 26, 2017, Quincy Thomas Cook, 24, of Miramar, was charged in a four-count indictment for the theft of government money.
According to the allegations contained in the indictment, between April 2012 and April 2013, four tax refunds issued to other persons were deposited into Cook’s bank account for an actual loss amount of $5,896.00.
Mr. Ferrer commends the investigative efforts of the FBI, IRS-CI and USPIS. The case is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
United States v. Willie Lee Parker, III, Case No. 17-CR-20058-Middlebrooks
On January 26, 2017, Willie Lee Parker III, 23, of Opa-Locka, was charged in an eleven-count indictment for the theft of government money.
According to the allegations contained in the indictment, between February 2013 and April 2013, eleven tax refunds issued to other persons were deposited into Parker III’s bank account for an actual loss amount of $6,610.00.
Mr. Ferrer commends the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
United States v. Damon Donnell Rhodes, Case No. 17-CR-20062-Lenard
On January 26, 2017, Damon Donnell Rhodes, 23, of Hialeah, was charged in a seven-count indictment for the theft of government money.
According to the allegations contained in the indictment, between November 2012 and December 2012, seven tax refunds issued to other persons were deposited into Rhodes’ bank account for an actual loss amount of $5,495.00.
Mr. Ferrer commends the investigative efforts of the FBI, USPIS and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
United States v. Rashaundra Javanni Lewis, Case No. 17-CR-20060-Scola
On January 26, 2017, Rashaundra Javanni Lewis, 26, of Miami, was charged in a five-count indictment for the theft of government money.
According to the allegations contained in the indictment, between September 19, 2012 and September 26, 2012, five tax refunds issued to other persons were deposited into Lewis’ bank account for an actual loss amount of $3,953.00.
Mr. Ferrer commends the investigative efforts of the FBI and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney J. Mackenzie Duane.
THEFT OF PUBLIC BENEFIT FUNDS
United States v. Phyllistone Termine, Case No. 17-mj-2098-O’Sullivan
On January 26, 2017, Phyllistone Termine, 19, of Miami, was charged by criminal complaint for access device fraud, possession of fifteen or more unauthorized access devices, possession of device making equipment, and aggravated identity theft related to his alleged participation in a fraudulent unemployment compensation scheme.
According to the court record, including allegations contained in the criminal complaint, an IP address connected to Termine’s residence was used to access and file fraudulent unemployment benefit claims for more than 800 individuals on the Florida Department of Employment and Opportunity’s online database between March 23, 2015, and March 7, 2016.
the course of the investigation law enforcement executed a search warrant at Termine’s residence and allegedly discovered the defendant in his bedroom, writing on a small notepad. The first line on the notepad read “Summer 2016th” and stated “Buy 3 Phones, 1 clean 2 dirty’s” and “Buy online – Merrick BNK & CCVs.” CCVs are numeric fraud-prevention codes on credit cards that are used to help verify possession of your credit card. They can also be purchased from internet sources, in order for people to obtain stolen credit card data. On the bed next to Termine were three cellular phones and a laptop computer. Hidden between the defendant’s mattress and box spring was a black case containing several debit and credit cards belonging to individuals who did not reside at Termine’s residence. Inside the black case were several white blank plastic cards with magnetic stripes that are used to make debit and credit cards. On the floor next to Termine’s bed was hardware used to encode the magnetic stripe on credit/debit cards. Several victims whose credit or debit cards were found during the search also had their identities used to file for unemployment benefits using the IP Address at Termine’s home. These victims had not filed unemployment claims within the last 5 years, did not authorize anyone else to, and did not know Termine.
Mr. Ferrer commends the investigative efforts of DOL-OIG and SSA-OIG. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Kicksonley Azema and Abdul Pierrelus,
Case No. 17-CR-20081-Moore
On January 27, 2017, Kicksonley Azema, 26, and Abdul Pierrelus, 29, both of North Miami, were charged in a five-count indictment with conspiracy to commit access device fraud, using unauthorized access devices to fraudulently obtain something valued at $1,000 or more and aggravated identity theft.
According to the allegations contained in the indictment, beginning on or about January 26, 2015, and continuing through the date of the indictment, Azema and Pierrelus unlawfully used social security numbers of Michigan residents to fraudulently file unemployment benefit claims with the state of Michigan, and directed those fraudulently obtained funds to debit card accounts fraudulently established using the social security numbers belonging to other persons.
Mr. Ferrer commends the investigative efforts of DOL-OIG, ICE-HSI and the State of Michigan Unemployment Insurance Agency. This case is being prosecuted by Assistant U.S. Attorney Brian J. Shack.
United States v. James Kelly Morency, Frantzy Morency, and Jakeem Amal Stevens, Case No. 17-CR-20075-Huck
On January 27, 2017, James Kelly Morency, 21, of Hallandale Beach, Frantzy Morency, 26, of Lehigh Acres, and Jakeem Amal Stevens, 28, of Hollywood, were charged in a thirteen-count indictment with conspiracy to commit access device fraud, aggravated identity theft, possession of 15 or more unauthorized access devices, access device fraud, and computer fraud.
According to the indictment, between May 2011 and February 2015, the defendants possessed, transferred and used the social security numbers of other persons to obtain Social Security Administration (SSA) benefits by creating online accounts with the SSA with the stolen social security numbers belonging to other persons and having the SSA benefits redirected to accounts that the defendants controlled.
Mr. Ferrer commends the investigative efforts of the FBI, SSA-OIG, and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
United States v. Sammie Nathaniel Williams, Jr., a/k/a “Old School,” Case No. 16-CR-20921-Scola
On December 9, 2016, Sammie Nathaniel Williams, Jr., a/k/a “Old School,” 58, of Miami, was charged in a six-count indictment for mail theft by a postal employee and theft of government money. On January 19, 2017, Williams pleaded guilty to theft of government money.
According to the court record, on November 29, 2016, Williams, a United States Postal Service employee, stole three U.S. Treasury checks from the mail.
Mr. Ferrer commends the investigative efforts of USPIS, TIGTA and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
BANK ACCOUNT TAKEOVERS
United States v. Jonathan Phanor, Case No. 16-CR-60349-Dimitrouleas
On December 13, 2016, Jonathan Phanor, 33, of Margate, was charged in a four-count indictment for his participation in a conspiracy to commit bank fraud and identity theft scheme.
According to court documents, from May 18, 2013 through August 13, 2013, Phanor accessed Wells Fargo customers’ bank accounts to obtain their name, date of birth, social security number and bank account numbers and provided the information to his co-conspirator. A co-conspirator would then open joint bank accounts using Wells Fargo customer’s name, date of birth, social security number and bank account numbers and move Wells Fargo customers’ money to the joint account. Once the money was in the joint account, the co-conspirator would then transfer the money belonging to the Wells Fargo customers’ from the joint account to bank accounts controlled by the co-conspirators. The defendant and his co-conspirators used the customers’ identities without their permission or authority.
Mr. Ferrer commends the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Mike Edwing Brizard, Case No. 16-CR-20931-Altonaga
On December 13, 2016, Mike Edwing Brizard, 28, of Miramar, was charged in a seven-count indictment for his participation in a conspiracy to commit bank fraud and identity theft scheme. On January 20, 2017, Brizard pleaded guilty to conspiracy to commit bank fraud and bank fraud. Brizard is scheduled to be sentenced by Judge Altonaga on April 3, 2017.
According to the court record, from August 20, 2012 through February 26, 2013, Brizard accessed Wells Fargo customers’ bank accounts to obtain their name, date of birth, social security number and bank account numbers and provided the information to his co-conspirator. A co-conspirator would then open joint bank accounts using Wells Fargo customers’ name, date of birth, social security number and bank account numbers and move Wells Fargo customers’ money to the joint account. Once the money was in the joint account, a co-conspirator would then transfer the money belonging to the Wells Fargo customers from the joint account to bank accounts controlled by the co-conspirators. The defendant and his co-conspirators used the customers’ identities without their permission or authority and were responsible for a loss totaling approximately $164,755.91.
Mr. Ferrer commends the investigative efforts of the FBI. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
ACCOUNT TAKEOVERS (INCLUDING CREDIT CARD FRAUD)
United States v. Yulier Blanco Perez, et al., Case No. 17-CR-20073-Altonaga
On January 27, 2017, Yulier Blanco Perez, 34, David Machado Frometa, 34, and Silvio Lopez Cuellar, 30, of Miami, were charged in an eleven-count indictment with conspiracy to commit access device fraud, access device fraud, aggravated identity theft, and possession of fifteen or more unauthorized access devices.
According to the allegations contained in the indictment, from July 28, 2016 through October 27, 2016, Perez, Frometa and Cuellar conspired to use credit card account numbers issued to other persons to unlawfully obtain items with an aggregate value of at least $1,000.00. The defendants used the fraudulent credit card account numbers to purchase stone tile from various tile retailers in South Florida. Over four days, during the three-month conspiracy, the defendants fraudulently purchased over $96,000.00 worth of stone tile from three retailers.
Mr. Ferrer commends the investigative efforts of the MDPD and USSS. This case is being prosecuted by Assistant U.S. Attorney Jessica Kahn Obenauf.
United States v. Geraldine Hughes, Case No. 17-CR-20065-Gayles
On January 26, 2017, Geraldine Hughes, 30, of Pompano Beach, was charged in a four-count indictment for access device fraud and aggravated identity theft.
to the allegations contained in the indictment and other public records, in August of 2016, Hughes conspired with another person to create a Care Credit account in another person’s name to which Hughes was later fraudulently added on as an authorized user and able to charge dental procedures onto the Care Credit account. Hughes made several visits to dental offices in North Miami and Aventura. Approximately $7,000 worth of dental work was charged to the individual’s account, without his/her permission or authority.
Mr. Ferrer commends the investigative efforts of the Aventura Police Department and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Fernando Garcia Cala, Case No. 17-CR-20072-Moore
On January 26, 2017, Fernandeo Garcia Cala, 32, of Miami, was charged in a nine-count indictment for access device fraud, possession of device-making equipment and aggravated identity theft.
According to the court record, including allegations contained in the indictment, Garcia operated a Ford F-350 diesel truck that was illegally outfitted with “bladders,” which are containers attached to the fuel line that allow the vehicle to hold more than 300 gallons of diesel fuel. Garcia used gift cards, fraudulently re-encoded with bank account numbers belonging to other individuals, to obtain hundreds of gallons of fuel from several different fuel stations. A search warrant executed at Garcia’s home revealed skimming devices that can be used to capture debit/credit card account number and pin numbers as they are inputted at the fuel pump, an encoding device that is used to place the skimmed numbers onto the magnetic stripes (such as those found on gift cards and hotel room keys), and more than 196 counterfeit access devices that were encoded with account numbers belonging to other individuals.
Mr. Ferrer commends the investigative efforts of the USSS and MDPD. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Bamby Pierre, Case No. 16-CR-20945-Williams
On December 15, 2016, Bamby Pierre, 26, of Miami, was charged in an eight-count indictment for attempted use of unauthorized access devices, access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, between November 2015 and April 2016, Pierre attempted to use and used the debit card numbers issued to other persons to make over $500,000 in withdrawals from ATMs. Bamby also unlawfully possessed and used the names and debit card numbers of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of the USPIS and Broward County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
United States v. Marcus Lee Grant, Case No. 17-CR-20077-Moreno
January 27, 2017, defendant Marcus Lee Grant, 26, of Miramar, was charged in a five-count indictment for his participation in a scheme to steal credit cards by directing and intercepting mail containing credit cards and other credit card account information. The indictment charges the defendant with conspiracy to commit access device fraud, access device fraud and aggravated identity theft. The indictment further charges that Grant and his co-conspirators changed the mailing addresses of other individuals, without their permission or authority, in order to intercept the mail and facilitate the fraudulent scheme.
Mr. Ferrer commends the investigative efforts of the United States Postal Inspection Service (USPIS). The case is being prosecuted by Assistant U.S. Attorney Cary Aronovitz.
United States v. Michel Gonzalez Suarez, et al., Case No. 16-CR-10053-King
On December 20, 2016, Michel Gonzalez Suarez, 38, and Beatriz Morales Saladriga, 20, both of Hialeah, were charged in a five-count indictment for their participation in a conspiracy to commit access device fraud, access device fraud, and aggravated identity theft in the Florida Keys.
to the allegations contained in the indictment, on October 5, 2016, Suarez and Saladriga conspired with each other and others to commit access device fraud. As part of the conspiracy, the defendants used counterfeit credit cards encoded with account numbers issued to other people to conduct a series of fraudulent transactions at several stores located in Monroe County. The defendants are also alleged to have unlawfully possessed fifteen or more counterfeit credit and debit cards encoded with unauthorized account numbers, and to have used one or more counterfeit credit cards encoded with account numbers issued to other persons.
Mr. Ferrer commends the efforts of ICE-HSI and the Monroe County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Brandon Bair, et al., Case No. 17-CR-60005-Zloch
On January 10, 2017, Brandon Bair, 23, of Cutler Bay, Aimee Chin-Sang, 22, of Homestead, and Kevin Lawson Mitchell, 21, of Davie, were charged in a seven-count indictment for access fraud and aggravated identity theft indictment relating to trafficking in and using unauthorized AT&T merchant account numbers and credit card account numbers to commit more than $80,000 of fraud.
According to allegations contained in the indictment, on various dates in February, April and May of 2016, Bair and Chin-Sang used credit cards to conduct multiple fraudulent transactions at Home Depot stores located in Sunrise and Davie. Mitchell, an employee at the Davie Home Depot, helped Bair and Chin-Sang conduct several of these transactions. As part of the fraudulent scheme, Bair and Chin-Sang also presented counterfeit licenses and used unauthorized AT&T merchant account numbers to conduct fraudulent transactions involving thousands of dollars of Apple products at an AT&T store located in Fort Lauderdale. All three defendants are charged with conspiring to commit access device fraud. Bair and Chin-Sang are also charged with multiple counts of use of unauthorized access devices and aggravated identity theft.
Mr. Ferrer commends the investigative efforts of the USSS, Fort Lauderdale Police Department, and Davie Police Department. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Angela Maria Villegas, 17-CR-20086-Ungaro
On January 27, 2017, Angela Maria Villegas, 41, of Miami Beach, was charged in a five-count indictment for aggravated identity theft and use of unauthorized access devices.
According to the court record, including allegations contained in the indictment, from January 20, 2015, through April 12, 2016, Villegas, a high-end retail employee, made over $20,000 worth of unauthorized purchases using the credit card account numbers belonging to her high-end specialty customers, without their permission or authority.
Mr. Ferrer commends the efforts of the MDPD and USSS. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Ahlaniee Maheei Chinn, 17-CR-20031-Middlebrooks
On January 7, 2017, Ahlaniee Maheei Chinn, 23, of Miami, was charged in a two-count indictment for access device fraud and aggravated identity theft.
to the court record, including allegations contained in the indictment, on March 4, 2016, Chinn, purchased more than two-thousand dollars’ worth of goods with a counterfeit credit card. The counterfeit card had the true account holders’ information shaved off and Chinn’s name was fraudulently embossed onto the credit card.
Mr. Ferrer commends the investigative efforts of IRS-CI and Aventura Police Department. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Suzelie Cheremond, Case No. 17-CR-60025-Bloom
On January 26, 2017, Suzelie Cheremond, 25, of Miami, was charged in a five-count indictment for access device fraud and aggravated identity theft.
According to the court record, including allegations contained in the indictment, in December of 2015, Cheremond, a Sam’s Club employee in Miramar, unlawfully obtained and used credit cards belonging to other persons to make purchases at Sam’s Club for $4,110.11.
Mr. Ferrer commends the investigative efforts of IRS-CI, the Aventura Police Department and Miramar Police Department. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Quienece Shedina Saintvil and Larod James Robinson,
Case No. 17-CR-20064-Ungaro
On January 26, 2017, Quienece Shedina Saintvil, 30, and Larod James Robinson, 34, both of Miami, were charged in a three-count indictment for their participation in a conspiracy to commit access device fraud and aggravated identity theft.
According to the court record, including allegations contained in the indictment, in August of 2016, Saintvil and Robinson entered the Bloomingdale’s Department store and unlawfully used a credit card account belonging to another person to make purchases. Saintvil and Robinson picked out merchandise and then Saintvil provided a Bloomingdale customer’s social security number in order to access the customer’s Bloomingdale’s credit account. Saintvil and Robinson made a total of three transactions, totaling $3,416.77, without the permission or authority of the true credit card account holder.
Mr. Ferrer commends the investigative efforts of IRS-CI and Aventura Police Department. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Shanisa Bell, Case No. 17-CR-60029-Bloom
On January 27, 2017, Shanisa Bell, 25, of Coconut Creek, was charged in a three-count indictment for using unauthorized access devices to fraudulently obtain something valued at $1,000 or more and aggravated identity theft.
According to the allegations contained in the indictment, between July 2015 and June 2016, Bell unlawfully used debit card account numbers issued in the names of other persons without their permission or authority.
Mr. Ferrer commends the investigative efforts of DOL-OIG, ICE-HSI and the State of Michigan Unemployment Insurance Agency. This case is being prosecuted by Assistant U.S. Attorney Brian J. Shack.
United States v. Edrey Acosta, Case No. 17-CR-20071-Martinez
On January 26, 2017, Edrey Acosta, 27, of Miami, was charged in a three-count indictment for access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, on November 8, 2016, Acosta used counterfeit encoded with credit card account numbers issued to other persons.
Mr. Ferrer commends the investigative efforts of the USSS and MDPD. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Crystal Henderson, Case No. 17-CR-20066-Gayles
On January 26, 2017, Crystal Henderson, 34, of Homestead, was charged in a four-count indictment for access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, on various dates throughout September of 2016, Henderson unlawfully used a credit card account belonging to another person to make purchases over $1,000.00.
Mr. Ferrer commends the investigative efforts of IRS-CI, Stamford Connecticut Police Department, and Aventura Police Department. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Shante Marie Wesby, Case No. 17-CR-20032-Scola
On January 7, 2017, Shante Marie Wesby, 37, of Fort Lauderdale, was charged in a three-count indictment for access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, on various dates throughout January and February of 2016, Wesby unlawfully used a social security number and a credit card account number belonging to another person, without his/her permission or authority.
Mr. Ferrer commends the investigative efforts of IRS-CI and Aventura Police Department. This case is being prosecuted by Assistant U.S. Attorney Breezye Telfair.
United States v. Kevin Martinez Morazan, Case No. 17-CR-60016-Bloom
On January 24, 2017, Kevin Martinez Morazan, 24, of Broward County, was charged in a five-count indictment with possessing fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations contained in the indictment, on May 7, 2015, Martinez unlawfully possessed names and social security numbers of other persons, without their permission or authority.
Mr. Ferrer commends the efforts of the Fort Lauderdale Police Department, USSS and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
United States v. Tymonzo Ward, Case No. 16-CR-60306-Cohn
On October 28, 2016, Tymonzo Ward, 37, of Wilton Manors, was charged in a six-count indictment for access device fraud and aggravated identity theft.
According to allegations contained in the indictment, on May 21, 2015, Ward unlawfully possessed fifteen or more credit card account numbers and social security numbers belonging to other persons. Ward also unlawfully possessed and used the names, date of births, and driver licenses of other persons without their permission or authority.
Mr. Ferrer commends the investigative efforts of IRS-CI, the USSS, and Fort Lauderdale Police Department. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara
United States v. Rayden Garcia Ramos, Case No. 16-CR-20808-Lenard
On October 21, 2016, Rayden Garcia Ramos, 46, of Hialeah, was charged in a six-count indictment for access device fraud, possession of fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations contained in the indictment, from September 8, 2015 through December 5, 2015, Ramos trafficked in and used one or more credit card account numbers issued to other persons in order to obtain something of value worth $1,000 or more. Additionally, on October 21, 2015, Ramos possessed unlawfully possessed fifteen or more counterfeit credit card account numbers belonging to other persons.
Mr. Ferrer commends the investigative efforts of the USSS. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Terry Tyrone Clowers, Case No. 17-CR-60004-Dimitrouleas
On January 10, 2017, Terry Tyrone Clowers, 30, of Fort Lauderdale, was charged in a two-count indictment for attempted use of unauthorized access devices and aggravated identity theft.
According to the court record, including allegations contained in the indictment, on January 2, 2017, Clowers used the name and social security number of another person in an attempt to purchase an All-Terrain Vehicle worth thousands of dollars from a Broward Motor Sports store in Fort Lauderdale.
Mr. Ferrer commends the investigative efforts of the USSS and Fort Lauderdale Police Department. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Halima Ouedraogo, Case No. 17-CR-60015-Moreno
On January 24, 2017, Halima Ouedraogo, 35, of Kirkland, Washington, was charged in a twelve-count indictment for access device fraud, possession of fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations contained in the indictment, from August 4, 2015 through August 25, 2015, in Broward County, Ouedraogo used credit cards issued to other persons to fraudulently obtain things valued at $1,000 or more. The indictment also alleges that on August 25, 2015, Ouedraogo possessed fifteen or more credit card account numbers and social security numbers belonging to other persons.
Mr. Ferrer commends the investigative efforts of IRS-CI, USSS, and the Fort Lauderdale Police Department. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Terrell Tyrone Rivers and Preston Elijah Parrish, Case No. 17-CR-60024-Dimitrouleas
On January 26, 2017, Terrell Tyrone Rivers, 27, of Orlando, and Preston Elijah Parrish, 25, of Lauderhill, were charged in a ten-count indictment with conspiracy to commit access device fraud, possession of fifteen or more unauthorized access devices, and aggravated identity theft.
According to allegations contained in the indictment, from February 10, 2016 through February 24, 2016, Rivers and Parrish conspired to possess fifteen or more unauthorized access devices, that is, social security numbers issued to other persons. On February 24, 2016, Rivers drove from Orlando to Lauderhill, Florida, to meet Parrish. According to court documents, on February 24, 2016, Rivers and Parrish were pulled over in Lauderhill, Florida. Upon a search of Rivers, several driver licenses with other persons’ information and Rivers’ photograph were recovered, along with personalized checks in other persons’ names. In the vehicle, a black suitcase, printer, tablets, and multiple blank business checks were recovered. A search of Rivers’ electronics revealed the PII of more than fifteen other persons. A search of Parrish’s electronics also revealed the PII of more than fifteen other persons.
Mr. Ferrer commends the investigative efforts of the USSS and the Lauderhill Police Department. This case is being prosecuted by Assistant U.S. Attorney J. Mackenzie Duane.
United States v. Jessie Aguilar, Case No. 16-CR-20944-Gayles
On December 15, 2016, Jesse Aguilar, 28, of Hallandale Beach, was charged in a five-count indictment for conspiring to commit access device fraud, access device fraud, and aggravated identity theft.
According to the allegations contained in the indictment, on or about November 2, 2014, through on or about September 15, 2015, Aguilar conspired with others to commit access device fraud. As part of the conspiracy, they used counterfeit credit cards encoded with account numbers issued to other people to conduct a series of fraudulent transactions at the Apple Store in Miami Beach, Florida. The loss amount was approximately $308,830.86.
Mr. Ferrer commends the efforts of ICE-HSI and the MDPD. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Dave Benggie Alin, Case No. 16-CR-20815-Williams
On October 25, 2016, Dave Benggie Alin, 21, of Miami, was charged in a three-count indictment with fraudulent use of a counterfeit credit card. aggravated identity theft, and possession of a firearm and ammunition by a convicted felon. On January 18, 2017, Alin pleaded guilty to all charges. He is currently set for sentencing on April 7, 2017.
According to the court record, on October 12, 2016, Alin was found by law enforcement to be in possession of a counterfeit credit card and a firearm. Alin used the credit card to check into a hotel in Miami, and then he continued to use the credit card to make purchases at the hotel.
Mr. Ferrer commends the investigative efforts of the MDPD and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Daniel Cervantes.
United States v. Luis Miniert, Case No. 16-CR-20941-Scola
On December 15, 2016, Luis Miniert, 26, of Miami, was charged in a five-count indictment for conspiring to commit access device fraud, access device fraud, and aggravated identity theft.
According to the allegations contained in the indictment, from November 2, 2014 through September 15, 2015, Miniert conspired with others to commit access device fraud. As part of the conspiracy, they used counterfeit credit cards encoded with account numbers issued to other people to conduct a series of fraudulent transactions at the Apple Store in Miami Beach, Florida. The loss amount was approximately $119,210.73.
Mr. Ferrer commends the efforts of ICE-HSI and the MDPD. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Anthony Leon, Case No. 17-CR-20068-Lenard
On January 26, 2017, Anthony Leon, 31, of Hialeah, was charged in a five-count indictment for conspiring to commit access device fraud, access device fraud, and aggravated identity theft.
According to the allegations contained in the indictment, March 20, 2014 through July 18, 2015, Leon conspired with others to commit access device fraud. As part of the conspiracy, they used counterfeit credit cards encoded with account numbers issued to other people to conduct a series of fraudulent transactions at the Apple Store in Miami Beach, Florida. The loss amount was approximately $158,690.37.
Mr. Ferrer commends the efforts of ICE-HSI and the MDPD. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Diana Leon a/k/a “Diana Montoya”, Case No.17-CR-20069-Altonaga
On January 26, 2017, Diana Leon a/k/a “Diana Montoya,” 22, of Hialeah, was charged in a five-count indictment for conspiring to commit access device fraud, access device fraud, and aggravated identity theft.
According to the allegations contained in the indictment, from September 20, 2014 through August 31, 2015, the defendant conspired with others to commit access device fraud. As part of the conspiracy, they used counterfeit credit cards encoded with account numbers issued to other people to conduct a series of fraudulent transactions at the Apple Store in Miami Beach, Florida. The loss amount was approximately $141,503.01.
Mr. Ferrer commends the efforts of ICE-HSI and the MDPD. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Stephanie Vargas, Case No. 17-CR-20070-Moreno
On January 26, 2017, Stephanie Vargas, 26, of Hialeah, was charged in a five-count indictment for conspiring to commit access device fraud, access device fraud, and aggravated identity theft.
According to the allegations contained in the indictment, from December 20, 2014 through July 17, 2015, Vargas conspired with others to commit access device fraud. As part of the conspiracy, they used counterfeit credit cards encoded with account numbers issued to other people to conduct a series of fraudulent transactions at the Apple Store in Miami Beach, Florida. The loss amount was approximately $174,152.60.
Mr. Ferrer commends the efforts of ICE-HSI and the MDPD. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
UNLAWFULLY POSSESSING PII
United States v. Alvin Celius Andre, Case No. 17-CR-60014-Zloch
On January 20, 2017, Alvin Celius Andre, 26, of Miramar, was charged in a four-count indictment with access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, on March 26, 2016, Andre possessed fifteen or more social security numbers issued to other persons. Andre also unlawfully possessed and used the names and date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of Miramar Police Department and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Frantz Felix, Jr, Case No. 17-CR-20038-Williams
On January 20, 2017, Frantz Felix, Jr, 23, of Miramar, was charged in a six-count indictment with access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, on March 26, 2016, Felix possessed fifteen or more social security numbers issued to other persons and used a credit card account number issued to another person. Felix, Jr. also unlawfully possessed and used the names and date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of the Miramar Police Department and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Marcus Allen Griffin, Case No. 17-CR-60011-Dimitrouleas
On January 13, 2017, Marcus Allen Griffin, 22, of Miramar, was charged in a six-count indictment with access device fraud and aggravated identity theft.
to the allegations contained in the indictment, on September 1, 2016, Griffin possessed fifteen or more social security numbers and credit card account numbers issued to other persons. Griffin also unlawfully possessed and used the names and date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of the Miramar Police Department and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Marc Antoine Riviere, Case No. 17-CR-20024-Moore
On January 13, 2017, Marc Antoine Riviere, 29, of Miami, was charged in a four-count indictment for identity theft in connection with his possession of at least fifteen social security numbers belonging to other individuals.
According to the allegations in the indictment, on July 17, 2014, Riviere was found in possession of fifteen or more social security numbers issued to other persons, without their permission or authority. Riviere also unlawfully possessed and used the names and date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of FBI, IRS-CI, and Miami-Dade County Schools Police Department. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Jacqueloi Trishauna Moreau, Case No. 17-CR-60003-Bloom
On January 10, 2017, Jacqueloi Trishauna Moreau, 28, of Lauderdale Lakes, was charged in a four-count indictment for identity theft in connection with her possession of at least fifteen social security numbers belonging to other individuals.
According to the allegations in the indictment, on July 18, 2016, Moreau was found in possession of fifteen or more names, dates and social security numbers issued to other persons. Moreau also unlawfully possessed and used the names and date of births of other persons, without their permission or authority.
Mr. Ferrer commends the efforts of USPIS, IRS-CI and Margate Police Department. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Elena Caridad Amaya, Case No. 17-CR-20067-Ungaro
On January 26, 2017, Elena Caridad Amaya, 42, of Lauderdale Lakes, was charged in a four-count indictment for identity theft in connection with her possession of at least fifteen social security numbers belonging to other individuals.
According to the allegations in the indictment, in April 2016, Amaya was found in possession of fifteen or more counterfeit card encoded with account numbers and social security numbers issued to other persons. Amaya used a credit card account number issued to another person, without his/her permission or authority, to make purchases totaling $20,681.64.
Mr. Ferrer commends the efforts of IRS-CI and MDPD. This case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
United States v. Robert Jamorris Jackson, Case No. 16-CR-60337-Bloom
On December 2, 2016, Robert Jamorris Jackson, 33, of Broward County, was charged in a six count indictment with possession of fifteen or more unauthorized access devices and aggravated identity theft.
The indictment alleges that on February 18, 2016, in Broward County, Jackson possessed personal identifying information of more than fifteen people.
Mr. Ferrer commends the investigative efforts of the USSS. This case was indicted by Assistant U.S. Attorney Daniel Cervantes and is being prosecuted by Assistant U.S. Attorney Jonathan Stratton.
United States v. Aamir Khan, Case No. 16-CR-20839-Lenard
On November 1, 2016, Aamir Khan, 20, of Miami, was charged in a six-count indictment with possession of fifteen or more unauthorized access devices and aggravated identity theft. On January 3, 2017, Khan pleaded guilty to possession of fifteen or more unauthorized access devices and one count of aggravated identity theft. Khan is scheduled to be sentenced on March 15, 2017.
According to the court record, on or about June 10, 2014, Khan was arrested for driving without a license. A search incident to arrest revealed that Khan had a USB drive in his pocket. A consensual search of the USB drive revealed PII for approximately 3,680 individuals, including their names, addresses, dates of birth, and social security numbers.
Mr. Ferrer commends the investigative efforts of IRS-CI and NMBPD. This case is being prosecuted by Assistant U.S. Attorney Daniel Cervantes.
United States v. Victor Joseph, Case No. 16-CR-60335-Zloch
On November 29, 2016, Victor Joseph, 26, of Orlando, was charged in a seven-count indictment with using one or more unauthorized access devices, possessing fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations in the indictment, between January and March 2015, Joseph possessed and used social security numbers of other persons, without their permission or authority.
Mr. Ferrer commends the efforts of IRS-CI and USSS. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
United States v. Dave Pierre, Case No. 17-CR-60023-Moreno
On January 26, 2017, Dave Pierre, 28, of Miami, was charged in a five-count indictment with access device fraud and aggravated identity theft.
According to the allegations contained in the indictment, on November 7, 2016, Pierre unlawfully possessed fifteen or more names, dates of birth and social security numbers belonging to other persons. Pierre unlawfully possessed and used the names and date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of IRS-CI and the Broward County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Ricky Cearc, Case No. 17-CR-20083-Moreno
On January 27, 2017, Ricky Cearc, 27, of Miami, was charged in a three-count indictment for access device fraud and aggravated identity theft.
According to allegations contained in the indictment, on August 29, 2013, Ricky Cearc unlawfully possessed fifteen or more social security numbers belonging to other persons. Ricky Cearc unlawfully possessed and used the date of births and social security numbers of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of ICE-HSI and MDPD. This case is being prosecuted by Assistant U.S. Attorney Jonathan D. Stratton.
United States v. Lyns Cearc, Case No. 17-CR-20084-Gayles
On January 27, 2017, Lyns Cearc, 34, of Miami, was charged in a three-count indictment for access device fraud and aggravated identity theft.
to allegations contained in the indictment, on August 29, 2013, Lyns Cearc unlawfully possessed fifteen or more social security numbers belonging to other persons. Lyns Cearc unlawfully possessed and used the date of births and social security numbers of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of ICE-his and MDPD. This case is being prosecuted by Assistant U.S. Attorney Jonathan D. Stratton.
United States v. Edouard Bastien, Case No. 16-CR-20953-Gayles
On December 19, 2016, a criminal information was filed, charging Edouard Bastien, 27, of North Miami Beach, with possession of fifteen or more unauthorized access devices and aggravated identity theft.
to the allegations contained in the information, on June 20, 2014, Bastien unlawfully possessed fifteen or more social security numbers belonging to other persons. Bastien also unlawfully possessed and used the names and social security numbers of other persons without their permission or authority.
Mr. Ferrer commends the investigative efforts of ICE-HSI, DOL-OIG, IRS-CI and North Miami Beach Police Department (NMBPD). This case is being prosecuted by Assistant U.S. Attorney Joshua S. Rothstein.
United States v. D’Andre Nathaniel Watson. Case No. 16-CR-20958-Lenard
On December 20, 2016, D’Andre Nathaniel Watson, 19, of North Miami Beach, was charged in a six-count indictment for possession of fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations contained in the indictment, on February 25, 2016 and again on March 16, 2016, Watson unlawfully possessed fifteen or more social security numbers belonging to other persons. Watson also unlawfully possessed and used the names and the date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of ICE-HSI, DOL-OIG, and NMBPD. This case is being prosecuted by Assistant U.S. Attorney Joshua S. Rothstein.
United States v. Brian Anthony Joseph, Case No. 17-CR-20004-Moore
On January 5, 2017, Brian Anthony Joseph, 21, of Miami, was charged in a four-count indictment for possession of fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations contained in the indictment, on November 9, 2015, Joseph unlawfully possessed fifteen or more social security numbers belonging to other persons. Watson also unlawfully possessed and used the names and the date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts ICE-HSI, DOL-OIG, NMBPD and the Florida Department of Economic Opportunity. This case is being prosecuted by Assistant U.S. Attorney Joshua S. Rothstein.
United States v. Richard Wayne Brown, Case No. 17-CR-60010-Cohn
On January 13, 2017, Richard Wayne Brown, 29, of Miramar, was charged in a seven-count indictment for possession of fifteen or more unauthorized access devices and aggravated identity theft.
According to the allegations contained in the indictment, on December 28, 2016 and January 6, 2017, Brown unlawfully possessed fifteen or more social security numbers belonging to other persons. Brown also unlawfully possessed and used the names and the date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of U.S. Department of Agriculture, Office of the Inspector General (USDA-OIG), FBI, USSS, and Fort Lauderdale Police Department. This case is being prosecuted by Assistant U.S. Attorney Joshua S. Rothstein.
United States v. Peterson Joseph, Case No. 16-CR-20830-Moore
On October 28, 2016, Peterson Joseph, 24, of Miami, Florida, was charged in a four-count indictment with aggravated identity theft, possession of fifteen or more unauthorized access devices, and using unauthorized access devices to fraudulently obtain something valued at $1,000 or more.
According to the allegations contained in the indictment, from June 17, 2014 through May 19, 2015, Joseph unlawfully possessed and used fifteen or more social security numbers belonging to other persons.
Mr. Ferrer commends the investigative efforts of DOL-OIG. This case is being prosecuted by Assistant U.S. Attorney Brian J. Shack.
United States v. Jason Douglas, Case No. 16-CR-60308-Bloom
On October 28, 2016, Jason Douglas, 26, of New York, was charged in a three-count indictment with possessing fifteen or more unauthorized and counterfeit access devices and aggravated identity theft.
to the allegations contained in the indictment, on or about April 16, 2016, Douglas unlawfully possessed fifteen or more social security numbers issued to other persons and debit cards encoded with account numbers issued to other persons. Douglas also unlawfully possessed and used the names, date of births and social security numbers of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of IRS-CI and the Broward County Sherriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Brian J. Shack.
United States v. Jerry Jean Baptiste and Stanley Auguste, Case No. 16-CR-20934-Cooke
On December 15, 2016, Jerry Jean Baptiste, 22, of Miami, and Stanley Auguste, 25, of Miami Gardens, were charged in a nine-count indictment with conspiracy to possess fifteen or more unauthorized access devices, possession of fifteen or more unauthorized access devices, and aggravated identity theft.
to the allegations contained in the indictment, from April 24, 2015 through August 5, 2015, Baptiste and Auguste conspired to possess unlawfully fifteen or more social security numbers issued to other persons. On or about April 30, 2015, Baptiste possessed and sold electronic files containing lists of PII of various individuals, including social security numbers issued to fifteen or more individuals. On or about May 6, 2015, and again on August 5, 2015, Baptiste and Auguste possessed and sold electronic files containing lists of PII, including fifteen or more social security numbers. Baptiste and Auguste possessed and used the names, social security numbers, and dates of birth of real individuals, without permission or authority.
Mr. Ferrer commends the investigative efforts of ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney John P. Gonsoulin.
ACCESS DEVICE FRAUD
United States v. Alexey Abreu Chapotin, et al., Case No. 17-CR-20043-Lenard
January 24, 2017, Alexey Abreu Chapotin, 22, Yankiel Blanco, 34, and Yuliesky Cespedes Perez, 26, all of Miami, were charged in a two-count indictment for conspiracy to commit access device fraud and possession of device making equipment.
According to the allegations contained in the indictment, on August 16, 2016, Chapotin, Blanco and Perez possessed credit card “skimming” devices, drills, and other equipment which was used to modify the skimmers so that they could be surreptitiously installed onto credit card readers at gas pumps. The indictment further alleges that on August 16, 2016, the defendants installed one of these card “skimming” devices at a pump at the gas station, in order to capture customer credit card account information.
Mr. Ferrer commends ICE-HSI and the Aventura Police Department. This case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
United States v. Omar Pulido Sanchez, et al., Case No. 17-mj-2112-JJO
On January 27, 2017, Omar Pulido Sanchez, 38, Uriel Pulido Sanchez, 42, and Maria Castillo Sarmiento, all of Colombia, were charged by criminal complaint with conspiracy to possess fifteen or more access devices and conspiracy to possess access device making equipment.
According to the allegations contained in the complaint, in June of 2016, the defendants installed credit card skimming devices onto bank ATMs throughout South Florida. In total, the defendants stole the bank account information of at least three hundred victims, and of those three hundred victims, over sixty reported fraudulent withdrawals from their accounts.
Mr. Ferrer commends the investigative efforts of the MDPD. This case is being prosecuted by Assistant U.S. Attorney Daniel J. Marcet.
United States v. Rene Hernandez, Case No. 17-mj-2111-O’Sullivan
On January 27, 2017, Rene Hernandez, 57, of Miami, was charged by criminal complaint for possession of access device making equipment.
According to the allegations contained in the complaint, on April 5, 2016, Hernandez was found by law enforcement to be in possession of a magnetic stripe encoding device, multiple fuel pump credit card skimming devices, and several counterfeit credit cards in his own name.
Mr. Ferrer commends the investigative efforts of the MDPD. This case is being prosecuted by Assistant U.S. Attorney Daniel J. Marcet.
United States v. Cesar Castillo Vargas, Case No. 17-mj-6040-O’Sullivan
On January 27, 2017, Cesar Castillo Vargas, 37, of Colombia, was charged by criminal complaint with possession of access device making equipment.
According to the allegations contained in the complaint, on August 1, 2016, law enforcement found Castillo Vargas in possession of a magnetic strip encoder device, a fraudulent Colombian driver license, a fraudulent Mexican passport, and several blank credit or debit cards.
Mr. Ferrer commends the investigative efforts of the MDPD. This case is being prosecuted by Assistant U.S. Attorney Daniel J. Marcet.
United States v. Oberto Jean, Case No. 17-CR-20082-Scola
On January 27, 2017, Oberto Jean, 35, of Miami, Florida, was charged in a five-count indictment with possession of fifteen or more unauthorized access devices, possession of access device-making equipment, aggravated identity theft, and being a felon in possession of firearms and ammunition.
to the allegations contained in the indictment, on or about February 11, 2015, Jean unlawfully possessed access device-making equipment and fifteen or more social security numbers belonging to other persons. Jean unlawfully possessed and used the date of births and social security numbers of other persons, without their permission or authority. Jean, a convicted felon, also possessed two firearms and ammunition.
Mr. Ferrer commends the investigative efforts of IRS-CI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Miami Police Department (MPD). This case is being prosecuted by Assistant U.S. Attorney Brian J. Shack.
United States v. Anthony Reid, Case No. 16-CR-60307-Dimitrouleas
On October 28, 2016, Anthony Reid, 22, of Miami, was charged in a four-count indictment with possessing access device-making equipment, fifteen or more unauthorized and counterfeit access devices, and aggravated identity theft.
According to the allegations contained in the indictment, on April 16, 2016, Reid unlawfully possessed access device-making equipment, social security numbers issued to other persons, and counterfeit credit cards and debit cards encoded with account numbers issued to other persons.
Mr. Ferrer commends the investigative efforts of IRS-CI and the Broward County Sherriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Brian J. Shack.
United States v. Luis Perez Luis and Jose Luis Perez, Case No. 17-CR-20087-Altonaga
On January 27, 2017, Luis Perez Luis, 57, and Jose Luis Perez, 33, both of Miami, were charged in an eight-count indictment with aggravated identity theft, conspiracy to possess fifteen or more access devices, possession of fifteen or more unauthorized access devices, and possession of device making equipment
According to the allegations contained in the indictment, on August 31, 2016, Luis and Perez conspired to possess and possessed fifteen or more counterfeit credit cards and credit card account numbers issued to other persons, as well as access device making equipment.
Mr. Ferrer commends the investigative efforts of the MDPD and USSS. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Patrick Gaston Sebastian, Case No. 17-CR-20030-Williams
On January 20, 2017, Patrick Gaston Sebastian, 21, of Miami, Florida, was charged in a four-count indictment with aggravated identity theft, possession of fifteen or more unauthorized access devices and possession of device making equipment.
According to the allegations contained in the indictment, on July 1, 2016, Sebastian possessed fifteen or more social security numbers and credit card account numbers issued to other persons as well as a credit card embosser and credit card skimmer. Sebastian also unlawfully possessed and used the names and the date of births of other persons, without their permission or authority.
Mr. Ferrer commends the investigative efforts of MDPD and USSS. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
United States v. Luis Fernando Casallas Guzman, Case No. 17-CR-20022-Scola
On January 13, 2017, Luis Fernando Casallas Guzman, 61, of Colombia, was charged in a two-count indictment with possession of fifteen or more unauthorized access devices and possession of device making equipment.
According to the allegations contained in the indictment, on March 12, 2015, Guzman possessed fifteen or more counterfeit credit cards and credit card account numbers of other individuals as well as a credit card skimmer and magnetic stripe encoder.
Mr. Ferrer commends the investigative efforts of ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Matthew J. Langley.
If convicted of the charged conduct, the defendants face a possible maximum statutory sentence of 10 years in prison for possession of fifteen or more unauthorized access devices; 10 years in prison for trafficking in or using one or more unauthorized access devices during a one-year period and by such conduct obtaining anything of value over $1,000; 5 years in prison for theft of mail; 10 years in prison for theft of government money; 5 in prison for conspiracy to commit theft of government money; 5 years in prison for conspiracy to defraud the United States; 15 years in prison for possession of access device making equipment; 20 years in prison for participating in a wire fraud conspiracy; 5 years in prison for conspiracy to pass Treasury checks bearing forged endorsements; and 2 years in prison consecutive to any other term for aggravated identity theft.
Mr. Ferrer commends ATF, the Aventura Police Department, Broward County Sheriff’s Office, U.S. Customs and Border Protection (CBP), Davie Police Department, DOL-OIG, FBI , Florida Department of Economic Opportunity, Homestead Police Department, ICE-HSI, IRS-CI, Lauderhill Police Department, Margate Police Department, Miami Beach Police Department, MDPD Professional Compliance Bureau and Public Corruption Section, Miami-Dade County Office of the Inspector General, Miami-Dade Public Schools Police Department, Miramar Police Department, Monroe County Sheriff’s Office, MPD, NMBPD, Stamford Connecticut Police Department, State of Michigan Unemployment Insurance Agency, SSA-OIG, TIGTA, USDA-OIG, USPIS, USSS, for the investigative support they provide the Strike Force to combat fraud schemes throughout the Southern District of Florida.
A criminal complaint or an indictment is an accusatory instrument that contains formal charges against a defendant. All persons charged in a criminal complaint or indictment 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.
Northwest Missouri Farmer Indicted for $800,000 Crop Insurance FraudRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Albany, Mo., farmer was indicted by a federal grand jury today for a nearly $800,000 fraud scheme to receive federal crop insurance payments to which he was not entitled.
Ryan A. Ruckman, 60, of Albany, was charged in an eight-count indictment returned by a federal grand jury in Kansas City, Mo.
Ruckman owned and operated farms in the Missouri counties of Gentry, Davies, Nodaway, Worth and Harrison, as well as counties in southern Iowa. The indictment alleges that Ruckman defrauded the government by claiming federal benefits in his son’s name in order to receive additional payments from the U.S. Department of Agriculture under the Supplemental Revenue Assistance Program (SURE), the Direct and Counter-cyclical Payment program and the Multiple Peril Crop Insurance program.
In order to be eligible to receive those payments, an applicant must be actively engaged in farming. Ruckman’s son, the indictment says, was a full-time student at Logan University College of Chiropractic in St. Louis, Mo. Ruckman allegedly placed crop ownership/production in his son’s name in order to increase the number of persons eligible to receive federal benefits.
From February 2007 to May 2010, the indictment says, Ruckman submitted documentation to provide the appearance that his son was the producer of the crops and to conceal the fact that he was the actual producer of the crops. According to the indictment, losses incurred by the government as a result of Ruckman’s fraud scheme totaled approximately $795,935.
According to the indictment, Ruckman used the proceeds of the fraud scheme to make payments on approximately $2.9 million in farm operating loans at Midstates Bank in Harlan, Iowa.
Today’s indictment charges Ruckman with eight counts of loan application fraud. The indictment also contains a forfeiture allegation, which would require Ruckman to forfeit to the government any property obtained from the proceeds of the alleged fraud.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Senior Litigation Counsel Gregg R. Coonrod. It was investigated by the U.S. Department of Agriculture Office of Inspector General and Risk Management Agency.
New York Couple Sentenced for H1B Visa Fraud Scheme, Forfeits $1 MillionRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Loreto Kudera, age 45, and Hazel Kudera, age 43, a married couple from New York, New York, were each sentenced to two years of probation and a $25,000.00 fine following their convictions in an immigration fraud scheme. The Kuderas previously paid a $1 million forfeiture penalty representing ill-gotten gains from the scheme.
On June 9, 2016, the Kuderas pleaded guilty to charges that they conspired to commit immigration fraud. According to the public record, Hazel Kudera owns several medical staffing agencies in New York specializing in providing nursing professionals to hospitals, outpatient and skilled nursing facilities. She and her husband, Loreto Kudera, then a lawyer at the Law Offices of Barry Silberzweig, in New York, New York, provided false and fraudulent information to the U.S. Citizenship and Immigration Services in St. Albans, Vermont when applying for H1-B visas for foreign nurses.
The H-1B visa program permits an employer to petition on a behalf of a foreign national beneficiary to enter the United States for the specific purpose of working for the employer in a specialty occupation. There are a limited number of H-1B visas available each year, and the purpose of the program is to ensure that these visas go to legitimate beneficiaries to fill specialty positions from a qualified work force. Working as a general RN or LPN is not considered a specialty occupation by the U.S. Citizenship and Immigration Service. Knowing this, Hazel Kudera and Loreto Kudera falsely stated that these foreign nurses, mostly from the Philippines, would be working in specialty occupations at prevailing wage rates when, in fact, they were going to work as LPNs or RNs at much lower rates, mostly at nursing homes. Hazel Kudera and Loreto Kudera profited from this scheme from the filing fees they collected from the beneficiaries as well as from the health care facilities which were paying fees to the medical staffing agencies owned by Hazel Kudera. The Kuderas admitted that they submitted 100 or more fraudulent petitions as part of their scheme. As a result of their convictions, the Kuderas also forfeited $1,000,000 in illegal proceeds to the United States.
Today, Judge J. Garvan Murtha sentenced the Kuderas to each serve two years of probation and to each pay an additional $25,000.00 fine.
The United States Attorney commended the investigative efforts of the United States Department of State, Diplomatic Security Service, the United States Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud, and the United States Department of Homeland Security, Homeland Security Investigations, in Boston, Massachusetts, who jointly spearheaded the investigation. The United States Attorney also wishes to thank the United States Citizenship and Immigration Service, Security Fraud Division, at the Vermont Service Center in St. Albans, Vermont for their assistance with the investigation.
The United States was represented in the investigation, plea, and forfeiture stages of the case by Assistant U.S. Attorney Heather E. Ross and at sentencing by First Assistant U.S. Attorney Eugenia Cowles. Hazel Kudera is represented by Richard Willstatter of Green & Willstatter, White Plains, New York and Loreto Kudera is represented by Marc Fernich of New York, New York.
Monroe County Resident Convicted at Trial of Attempting to Use A Weapon of Mass Destruction and Attempting to Provide Material Support to A Terrorist OrganizationRead the Press Release
This afternoon, a federal jury in Key West convicted a South Florida resident of attempting to use a weapon of mass destruction, an explosive device, and attempting to provide material support to a terrorist organization.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mary B. McCord, Acting Assistant Attorney General for National Security, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and members of the South Florida Joint Terrorism Task Force (JTTF), made the announcement.
Harlem Suarez, a/k/a “Almlak Benitez,” 23, of Monroe County, Florida, was convicted at trial of knowingly attempting to use a weapon of mass destruction against a person or property within the United States, in violation of Title 18, United States Code, Section 2332a(a)(2) and attempting to provide material support to a terrorist organization, in violation of Title 18, United States Code, Section 2339B. Suarez is scheduled to be sentenced by United States District Judge Jose E. Martinez in Key West, on April 18, 2017 at 1:30 p.m.
“By intending to place an explosive device on a public beach, Harlem Suarez posed a grave threat to the residents and visitors of Key West,” stated U.S. Attorney Ferrer. “It is because of the Joint Terrorism Task Force’s unwavering commitment to our national security that law enforcement is able to prevent potential attacks on American soil that are inspired or directed by terrorist organizations. Let this case serve as an example to others that the U.S. Attorney’s Office and our law enforcement partners stand as a united front against all domestic threats.”
“Harlem Suarez, a self-professed ISIL adherent, attempted to use a weapon of mass destruction - a backpack bomb - in the United States and now stands convicted of two terrorism offenses,” said Acting Assistant Attorney General McCord. “Stopping attacks on our homeland by those inspired or directed by designated foreign terrorist organizations is the highest priority of the National Security Division. I want to thank the agents, analysts, and prosecutors who are responsible for today’s result.”
"Suarez wanted to kill innocent people by detonating a nail laced explosive filled backpack on a crowded Key West beach," said George L. Piro, Special Agent in Charge, FBI Miami. “He was denied his terroristic dreams by several hardworking, dedicated law enforcement organizations and professionals. This is a job well done."
According to evidence introduced at trial, in April 2015, Suarez’s Facebook postings contained extremist rhetoric and promoted the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization. Evidence further indicated that Suarez told an FBI confidential human source that he wanted to make a “timer bomb.” Suarez purchased components for this device, which was to contain galvanized nails, be concealed in a backpack and be remotely detonated by a cellular telephone. Suarez intended to bury the device at a public beach in Key West and then detonate it.
Mr. Ferrer commended the investigative efforts of the FBI, JTTF, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Key West Police Department, Monroe County Sheriff’s Office, and Palm Beach County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorneys Marc S. Anton and Karen E. Gilbert with assistance from the National Security Division’s Counterterrorism Sectionof the U.S. Department of Justice.
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.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.
Richard One Feather, age 47, was sentenced to 8 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
One Feather was indicted by a federal grand jury on April 13, 2016. He pled guilty on November 8, 2016.
The conviction stemmed from an incident that occurred on March 29, 2016. A Rosebud Sioux Tribe Law Enforcement Services Officer observed One Feather’s speeding and swerving. The officer pursued One Feather to a house in the Soldier Creek Community. One Feather was visibly intoxicated when he exited the vehicle, and refused to comply with the officer’s commands. He then began to actively resist arrest and kicked the officer in the leg. The officer pepper-sprayed One Feather, placed him on the ground, and handcuffed him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
One Feather was immediately turned over to the custody of the U.S. Marshals Service.
McAllen Man Heads to Prison for Downloading Hundreds of Child Pornography Videos and ImagesRead the Press Release
McALLEN, Texas – A 27-year old resident of McAllen has been ordered to federal prison following his conviction of receipt of child pornography, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge Shane Folden of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). Jorge Trevino-Blanco pleaded guilty Sept. 28, 2016.
Today, U.S. District Judge Micaela Alvarez took into consideration the number of videos and images involved in the offense as well as the harm to the victims and handed Trevino-Blanco a sentence of 120 months in federal prison. The sentence will be immediately followed by 10 years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. Additional information was also presented today, including testimony regarding the fact that certain videos involved children under three years of age and children engaged in acts of bondage. The court further ordered restitution for one of the victims involved in the offense in the amount of $10,000. Trevino-Blanco will also be ordered to register as a sex offender.
Trevino-Blanco came to the attention of law enforcement following an investigation which began Oct. 16, 2015, into persons using the Internet to traffic in child pornography. A special agent with HSI was able to locate and identify a computer as offering to participate in the receipt of child pornography movies and images through the peer-to-peer network on the Internet. Through the investigation, it was determined that the computer was located in a residence in McAllen.
On July 8, 2016, authorities executed a federal search warrant at that residence, during which time they seized two laptop computers and an external hard drive. A forensic examination on the devices revealed a total of 123 videos and 282 images of child pornography involving clearly young children engaged in sexually explicit conduct. These videos and images included children under the age of 12 engaged in sadistic conduct and acts of violence. Some of the videos and images are of known victims as identified through the National Center for Missing and Exploited Children.
Trevino-Blanco admitted he downloaded child pornography from the Internet, thereby receiving the child pornography found on his computers and external hard drive. He further admitted he had been doing so for approximately four years.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
HSI conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Alex Benavides, 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."
Manhattan U.S. Attorney Announces Arrival of Four Defendants from Kenya Charged with Trafficking in Massive Quantities of Heroin and MethamphetamineRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Raymond Donovan, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), today announced that four individuals charged with participating in a narcotics importation conspiracy arrived in New York from Kenya.
BAKTASH AKASHA ABDALLA, a/k/a “Baktash Akasha,” IBRAHIM AKASHA ABDALLA, a/k/a “Ibrahim Akasha,” GULAM HUSSEIN, a/k/a “Hussein Shabakhash,” a/k/a “Hadji Hussein,” a/k/a “Old Man,” and VIJAYGIRI ANANDGIRI GOSWAMI, a/k/a “Vijay Goswami,” a/k/a “Vicky Goswami,” were arrested in Mombasa, Kenya, on November 9, 2014, pursuant to a United States request, based on charges filed in the Southern District of New York arising out of their participation in a conspiracy to import kilogram quantities of heroin and methamphetamine into the United States. On November 10, 2014, a superseding Indictment was returned also charging the defendants with narcotics importation offenses based on their delivery of 99 kilograms of heroin and two kilograms of methamphetamine in Kenya, which they intended would be imported into the United States. The four defendants will be presented and arraigned in Magistrate Court later today.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, the four defendants who arrived yesterday in New York ran a Kenyan drug trafficking organization with global ambitions. For their alleged distribution of literally tons of narcotics – heroin and methamphetamine – around the globe, including to America, they will now face justice in a New York federal court.”
DEA Special Operations Division Special Agent in Charge Raymond Donovan said: “DEA pursues the most dangerous global drug traffickers who pose a direct threat to safety and stability around the world. We are relentlessly pursuing these criminal groups and their facilitators at every level with our law enforcement partners and we value and appreciate the work of our Kenyan counterparts. It is critical that we attack these dangerous networks before they can do even more damage worldwide and threaten innocent lives.”
According to the allegations in the superseding Indictment[1]:
From in or about March 2014 through the date of their arrests, BAKTASH AKASHA, IBRAHIM AKASHA, HUSSEIN, and GOSWAMI conspired to import kilogram-quantities of heroin into the United States. During the same period, BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI conspired to import kilogram quantities of methamphetamine into the United States.
BAKTASH AKASHA is the leader of an organized crime family in Kenya (the “Akasha Organization”) responsible for the production and distribution of ton quantities of narcotics within Kenya and throughout Africa. Moreover, the Akasha Organization’s distribution network extends beyond the African continent to include the distribution of narcotics for importation into the United States. IBRAHIM AKASHA is the brother and deputy of BAKTASH AKASHA. GOSWAMI manages the Akasha Organization’s drug business, including the production and distribution of methamphetamine and the procurement and distribution of heroin. HUSSEIN – a resident of Pakistan and a long-time associate of GOSWAMI – heads a transportation network that distributes massive quantities of narcotics throughout the Middle East and Africa, and has acknowledged responsibility for transporting tons of kilograms of heroin by sea.
Over the course of several months, during telephone calls and meetings in Nairobi and Mombasa, Kenya, the defendants agreed to supply, and in fact did supply, multi-kilogram quantities of heroin and methamphetamine to individuals they believed to be representatives of a South American drug-trafficking organization, but who were in fact confidential sources (the “CSes”) working at the direction and under the supervision of the DEA. BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI negotiated on behalf of the Akasha Organization to procure and distribute hundreds of kilograms of heroin from suppliers in the Afghanistan/Pakistan region and to produce and distribute hundreds of kilograms of methamphetamine, which they understood would ultimately be imported into the United States. At the same time, HUSSEIN agreed to transport heroin from the Akasha Organization’s supplier in the Afghanistan/Pakistan region to East Africa, so that it could be delivered to the CSes.
During a meeting in Mombasa, Kenya, in April 2014, BAKTASH AKASHA introduced a CS via Skype to one of his heroin suppliers in Pakistan, who said he could provide 420 kilograms of 100 percent pure heroin – which he called “diamond” quality – for distribution in the United States. Thereafter, in June 2014, GOSWAMI began discussing with the CSes his ability to procure methamphetamine precursor chemicals and to establish labs to produce methamphetamine for importation to the United States. In a meeting in Mombasa in September 2014, BAKTASH AKASHA introduced HUSSEIN as a narcotics transporter from Afghanistan who moves ton quantities of narcotics using ships. BAKTASH AKASHA and GOSWAMI described the supplier of heroin for their deal with the CSes, to whom they referred as “the Sultan,” as the top supplier of white heroin in the world.
In September and October 2014, IBRAHIM AKASHA personally delivered one-kilogram samples of methamphetamine and heroin to the CSes in Nairobi on behalf of the Akasha Organization. Thereafter, during a telephone call in October 2014 between BAKTASH AKASHA, GOSWAMI, and one of the CSes, GOSWAMI reported that 98 “chickens” had arrived, referring to 98 kilograms of heroin. GOSWAMI said that the South American drug organization would only need to pay for half of the 98 kilograms of heroin because the Akasha Organization would cover the cost of remaining kilograms. Then, in early November, IBRAHIM AKASHA personally delivered 98 kilograms of heroin to the CSes in Nairobi on behalf of the Akasha Organization. A few days later, IBRAHIM AKASHA also delivered another kilogram of methamphetamine.
In the course these negotiations, the Akasha Organization provided a total of 99 kilograms of heroin and two kilograms of methamphetamine to the confidential sources, and agreed to provide hundreds of kilograms more of each. The defendants were arrested on November 9, 2014, in Mombasa, Kenya, prior to another planned meeting with the CSes.
* * *
BAKTASH AKASHA, 40, is a Kenyan national and a resident of Kenya. IBRAHIM AKASHA, 28, is also a Kenyan national and a resident of Kenya. HUSSEIN, 61, is a Pakistani national and a resident of Pakistan. GOSWAMI, 55, is an Indian national and a resident of Kenya. The defendants are charged with conspiring to import heroin into the United States (Count One), conspiring to import methamphetamine into the United States (Count Two), distributing heroin for unlawful importation into the United States (Count Three), and distributing methamphetamine for unlawful importation in the United States (Count Four). Each count carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara praised the outstanding efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit. The Department of Justice’s Office of International Affairs also provided assistance in bringing the defendants to the United States to face charges. Mr. Bharara also thanked the DEA’s Nairobi Country Office, the Government of the Republic of Kenya, the Kenyan National Police Services Anti-Narcotics Unit, and members of the Kenyan DEA Formal Vetted Unit.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael D. Lockard and Emil J. Bove III are in charge of the prosecution.
The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the superseding Indictment, and the description of the superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Manchester Man Sentenced to 70 Months in Federal Prison for Trafficking CocaineRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DAVID GIL-GRANDE, 29, of Manchester, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 70 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, this matter stems from joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department that targeted a drug trafficking organization operating in Hartford’s North End that was distributing crack and powder cocaine. The investigation revealed that GIL-GRANDE received shipments of cocaine, secreted in sealed coffee cans, from Puerto Rico. He then supplied the cocaine to individuals who converted much of it into crack cocaine, and distributed both forms of the drug in the area of Barbour Street in Hartford.
GIL-GRANDE secreted cash generated from his drug trafficking in resealed coffee cans and then shipped the cans back to Puerto Rico. He also drove large amounts of cash to New York City where it would be sent to Puerto Rico. On January 6, 2016, GIL-GRANDE was stopped as he drove to New York. A subsequent search of his vehicle revealed approximately $92,000.
Twenty individuals were charged as a result of the investigation.
GIL-GRANDE has been detained since his arrest on January 21, 2016. On November 8, 2016, he pleaded guilty to one count of conspiracy to possess with intent to distribute 500 grams or more of cocaine.
This matter has been investigated by the Federal Bureau of Investigation’s Northern Connecticut Violent Crimes Task Force, which includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Squad and the Drug Enforcement Administration are providing valuable assistance to the investigation.
The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Manchester Man Sentenced to Eight Years in Prison for Partcipating in Oxycodone Distribution ConspiracyRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Jose Nunez (61) of Manchester, was sentenced to serve eight years in federal prison for participating in a conspiracy to distribute oxycodone pills, a conspiracy to launder money, distributing controlled substances, and possessing a firearm during a drug trafficking crime.
Court documents and statements in court showed that Nunez was part of group of drug traffickers who were distributing the pills in Manchester, New Hampshire. During a law enforcement investigation in 2013 and 2014 that included the use of controlled purchases of drugs and multiple wiretaps, investigators learned that Nunez, Samuel Garcia, Jennifer Nunez, and others were actively involved in the distribution of oxycodone pills. On multiple occasions, intercepted calls showed that members of the conspiracy (including Jose Nunez and Raul Hernandez) traveled to New York, obtained pills from a source of supply (Manuel Tirado), and then brought them back to New Hampshire. On one occasion, Jose Nunez was stopped in Massachusetts while transporting $18,900 in cash that was to be used to pay for oxycodone pills that were being supplied by Tirado.
Several targets of the investigation were arrested in Manchester on August 27, 2014. Hernandez was arrested as he attempted to deliver over 600 oxycodone pills to the residence of Samuel Garcia and Jennifer Nunez on Eastern Avenue in Manchester, New Hampshire. A search warrant was executed at that residence and hundreds of additional pills, as well as over $30,000 in cash and three firearms, were recovered from that location. Garcia, Jennifer Nunez, and Johanna Nunez were arrested that day. Jose Nunez was arrested in October of 2014, after returning to the United States from the Dominican Republic.
Jose Nunez pleaded guilty on March 6, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) four counts of Distribution of a Controlled Substance; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. After serving his prison sentence, he will be on supervised release for a period of three years.
All of the other individuals who were involved in this conspiracy also have pleaded guilty.
Samuel Garcia (36) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. He is awaiting sentencing.
Jennifer Nunez (26) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Distribution of a Controlled Substance; and (4) Possession of a Firearm During a Drug Trafficking Crime. She is awaiting sentencing.
Johanna Nunez (30) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; and (2) four counts of Distribution of a Controlled Substance. On June 23, 2015, she was sentenced to 51 months in prison, followed by three years of supervised release.
Raul Hernandez (29) pleaded guilty on March 17, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance and (2) Possession of a Controlled Substance with Intent to Distribute. On June 23, 2015, he was sentenced to 48 months in prison, followed by three years of supervised release.
An additional defendant, Edward Anthony Hiciano Beltre, is a fugitive.
A source of supply for the organization, Manuel Tirado, pleaded guilty to participating in a drug conspiracy and failure to appear on August 23, 2016. On January 3, 2017, he was sentenced to 15 years in prison, followed by three years of supervised release.
In addition to these defendants, several additional individuals who obtained oxycodone from this organization and resold it to customers have pleaded guilty to federal drug conspiracy charges. Ryan Demers, William Alba, Bonnie Labrie, Krystal Mailhot, and Yonajaira Galarza Ramos have all entered guilty pleas in federal court.
Demers was sentenced on September 22, 2015, to 57 months in prison, followed by three years of supervised release. That sentence was affirmed on appeal by the United States Court of Appeals for the First Circuit.
Labrie was sentenced on March 11, 2016, to 72 months in prison, followed by three years of supervised release.
Alba was sentenced on June 17, 2016, to 72 months in prison, followed by three years of supervised release.
Mailhot and Ramos are awaiting sentencing.
"The DEA is committed to investigating and bringing to justice those who illicitly distribute oxycodone,” said DEA Special Agent in Charge Michael J. Ferguson. “Opiate abuse is a major problem in New Hampshire and throughout New England. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is the gateway to heroin and fentanyl addiction, and is devastating our communities. This investigation demonstrates the strength of collaborative law enforcement efforts in the Granite State and our strong partnership with the U.S. Attorney’s Office to aggressively pursue any group or individual that traffics these drugs.”
U.S. Attorney Rice stated, “Many individuals begin their journey to addiction through oxycodone use. While these pills have a legitimate medical use, the illicit distribution of these potentially addictive drugs has been a significant factor in the development of the opioid crisis that is affecting New Hampshire. The U.S. Attorney’s office will continue to work with the law enforcement community to stop the flow of opiates and opioids onto the streets of New Hampshire. We also will aggressively prosecute individuals who possess or use firearms while trafficking in drugs.”
This investigation was the product of an investigation 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. This particular investigation involved cooperative efforts of federal and local law enforcement entities, including the Drug Enforcement Administration, the Manchester Police Department, the New Hampshire State Police, the Massachusetts State Police, and the Hillsborough County Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys John J. Farley and Debra M. Walsh.
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