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20 March 2017
Broussard man pleads guilty to drug distribution chargeRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Broussard man pleaded guilty to planning to sell drugs in the Acadiana area.
Kyle Gabriel Roy, 23, of Broussard, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of possession with intent to distribute a controlled substance. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, Franklin police arrested Roy on April 2, 2015 after the car he was riding in was searched and marijuana was found. During a later interview, Roy admitted to having drugs and a firearm in a safe at a friend’s residence in Lafayette. Agents searched the safe and found a stolen firearm, 49 grams of marijuana and 4.1 grams of methamphetamine. The methamphetamine was divided into smaller packages for sale and a digital scale was also found. The defendant admitted that he possessed the drugs to distribute them.
Roy faces five years in prison, two to three years of supervised release and a $250,000 fine. The court set a July 17, 2017 sentencing date.
This investigation and prosecution is part of Project Safe Neighborhoods, a Department of Justice initiative to promote firearm safety and reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The Chitimacha Tribal Police, Franklin Police Department and ATF investigated the case. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Bluefield man pleads guilty to federal drug chargeRead the Press Release
CHARLESTON, W.Va. – A Bluefield man pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Marvin Gillespie, 65, entered his guilty plea to distribution of hydromorphone.
Gillespie admitted that on March 14, 2016, he sold hydromorphone to a confidential informant working with law enforcement. The drug deal took place in Bluefield. Gillespie faces up to 20 years in federal prison when he is sentenced on June 21, 2017.
The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John L. File is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
This case is being prosecuted under the Bluefield Pill Initiative as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Birmingham Man Pleads Guilty to Selling Fentanyl that Caused 20-Year-Old’s DeathRead the Press Release
BIRMINGHAM – A Birmingham man pleaded guilty today in federal court to distributing fentanyl, a potent synthetic opioid painkiller, that caused the death of a 20-year-old Pelham woman, announced Acting U.S. Attorney Robert O. Posey and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
RODRIGUS LEE PEARSON, 31, pleaded guilty before U.S. District Court Judge Madeline H. Haikala to the charge of illegally distributing fentanyl, resulting in a death in January 2016 in Jefferson County. Pearson also pleaded guilty to distributing heroin on Feb. 8, 2016, distributing fentanyl on Feb. 23, 2016, possessing with intent to distribute heroin, cocaine and crack cocaine on March 30, 2016, and being a felon illegally possessing a gun, an H & K .40-caliber pistol, on March 30, 2016. Pearson’s previous conviction was in Jefferson County Circuit Court in September 2014 for unlawful possession of a controlled substance.
Pearson entered a binding plea agreement with the government that stipulated a 20-year sentence for the crime of distributing an opioid drug that resulted in a death. The possible statutory sentence for that crime is 20 years to life in prison. Twenty years in prison is the maximum penalty for the heroin and fentanyl distribution charges, and 10 years is the maximum prison sentence for being a felon in possession of a firearm. Pearson’s sentencing is scheduled July 12.
“Fentanyl kills in tiny doses – a few salt-sized grains. Most fentanyl on the streets is being made illegally in drug-dealer labs, and here and across the country overdose deaths soar as dealers add fentanyl to heroin to make it more potent,” Posey said. “In Jefferson County last year, the medical examiner’s office reported 106 overdose deaths caused by fentanyl and 100 by heroin, with 40 of those deaths caused by a combination of the two drugs. The fentanyl deaths more than doubled from 49 in 2015. We are committed to our work with DEA and other law enforcement partners to aggressively prosecute those who traffic these deadly drugs,” he said.
“Fentanyl is 50 to 100 times more powerful than morphine. Just a small amount, even a few grains, can be fatal. It is important that the public is aware of the danger of this powerful and potentially lethal drug,” Hamilton said. “DEA will continue to investigate and arrest distributors of this poison, especially when the distribution results in death. This conviction should put others who engage in the distribution of this deadly drug on notice: if you engage in this type of activity, you will face federal charges and a lengthy prison sentence.”
Ashlynn Bailey, the woman who died after purchasing fentanyl from Pearson was a former University of Alabama student. Police found her in a house on Jefferson Avenue in Birmingham on Jan. 30, 2016, after responding to a call of a suspected drug overdose death. Witnesses in the case stated that Bailey had been purchasing heroin from Pearson and that he likely substituted the fentanyl, which was found in her system, for heroin.
According to Pearson’s plea, a taxi driver called Birmingham Police after finding Bailey unresponsive at the house. The taxi driver had left her there the night before and returned to pick her up the next morning to take her to a business on U.S. 280 in Birmingham where Bailey said she worked and could get cash to pay cab fare she owed.
Bailey had borrowed the taxi driver’s cell phone and placed calls the night before. Police later determined that one of the two numbers she called was to a phone Pearson used for drug transactions.
The two drug distribution charges Pearson pleaded guilty to resulted from controlled purchases that a DEA confidential source made from Pearson after contacting the drug dealer at the same number that Bailey called from the taxi driver’s phone the night she died. On the first occasion, DEA agents obtained heroin from Pearson. On the second, agents received fentanyl despite having attempted to buy heroin. A third charge of possession with the intent to distribute heroin stems from Pearson being found in possession of heroin, cocaine, crack cocaine and the H & K .40-caliber pistol, as well as other drug paraphernalia, following a traffic stop.
DEA investigated the case, which Assistant U.S. Attorney Gregory R. Dimler is prosecuting.
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Berea man sentenced to 12 1/2 years in prison for selling heroin that resulted in fatal overdoseRead the Press Release
A Berea man was sentenced to 12 ½ years in prison for selling heroin that resulted in a fatal overdose last year, said Acting U.S. Attorney David A. Sierleja.
U.S. District Judge Christopher A. Boyko sentenced Brandon Wagner to 150 months in prison.
Wagner, 43, was previously found guilty of distribution of heroin. Wagner sold heroin in March 2016 that resulted in the fatal overdose of a Lakewood man, according to court documents.
“Aggressive enforcement of the law will remain part of the solution to combating our state’s opioid epidemic,” Sierleja said. “The detectives who worked this case are to commended for their thorough investigation.”
“The crisis we have in our communities due to heroin and fentanyl is not a problem for just the addicted,” said Lakewood Police Chief Tim Malley. “The families and friends are just as intimately involved with the damage and sorrow this causes. The Lakewood Police Department will continue to investigate all of our overdose cases to hold those accountable that have participated in any way in ending someone’s life. Those selling the heroin know that fatal consequences are all too likely with what they are selling, all for a few dollars. The Lakewood Police Department will continue to work with the U.S. Department of Justice, the Cuyahoga County Prosecutors Office, and the Cuyahoga County Medical Examiner to hold those accountable and take them off our streets for lengthy prison sentences.”
This case was prosecuted by Assistant U.S. Attorney Marisa Darden following an investigation by the Lakewood Police Department and the Northern Ohio Law Enforcement Task Force. The NOLETF is a task force comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Cuyahoga County Sheriff’s Office, Ohio Bureau of Criminal Investigation and the police departments of Cleveland Heights, Euclid, Lakewood, the Regional Transit Authority, Westlake and Shaker Heights. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area initiatives, which supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.
Austin Man Arrested/Charged After Landing Plane Containing Marijuana in Llano Early This MorningRead the Press Release
In Austin this afternoon, federal authorities filed a criminal complaint against 64–year-old Wayne Douglas Brunet for possession with intent to distribute marijuana. Earlier this morning, state authorities arrested Brunet at the Llano (TX) Municipal Airport after discovering approximately 230 pounds of hydroponic marijuana on board his aircraft announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The affidavit attached to the criminal complaint alleges that HSI agents were prepared to interdict Brunet last night as he attempted to land at an unmanned airport in Bulverde (TX). The Department of Homeland Security Customs and Border Protection (CBP) Air and Marine Operation Center (AMOC) began tracking the single-engine plane after observing that it had a suspicious flight pattern from Medford, OR, to Texas and had landed only once in Holbrook, AZ, to refuel.
The affidavit further states that Brunet landed at the unmanned airport in Bulverde, but departed again after spotting authorities on the ground. Brunet then proceeded to the Lago Vista (TX) airport, but again, aborted his landing as he did in Bulverde when encountered by law enforcement. Brunet then proceeded to the Llano Municipal Airport where he landed at approximately midnight. After bringing the aircraft to a stop, Brunet attempted to flee on foot, but was apprehended on the tarmac by the Texas Department of Public Safety Air Unit. Authorities recovered a total of 15 duffle bags filled with vacuum-sealed packages of marijuana along with approximately $6,000 in U.S. Currency.
Upon conviction, Brunet faces between five and 40 years in federal prison. He remains in federal custody pending a detention hearing scheduled for 2:15pm on Thursday in Austin before United States Magistrate Judge Andrew Austin.
This investigation is being conducted by HSI together with assistance from CBP AMOC, Texas Department of Public Safety Air Unit and the Llano County Sheriff’s Office. Assistant United States Attorney Matthew Devlin is prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Atlanta Heroin Distributor Sentenced as Part of the District’s DMI ProgramRead the Press Release
ATLANTA - Shantuan Daniel has been sentenced for heroin trafficking and being a felon-in-possession of a firearm. Daniel was sentenced to five years and three months in federal prison as part of the district’s Drug Market Initiative (DMI), an on-going commitment to eradicate the heroin market in Atlanta’s English Avenue neighborhood.
“Daniel threatened an Atlanta Police Department officer with a firearm prior to his arrest in this case,” said U.S. Attorney John A. Horn. “But Daniel was captured and brought to justice thanks to the diligence of APD officers and his federal sentence for distributing heroin in the neighborhood of English Avenue is an important win for this community.”
“This sentence is another reminder that ATF and our law enforcement partners will hold individuals accountable for any criminal behavior, especially that which threatens the safety of innocent civilians,” said ATF Special Agent in Charge Wayne Dixie.
“I have always known that partnerships are the key to making the city of Atlanta a safer city,” said Atlanta Police Chief Erika Shields. “The sentencing of Mr. Daniel is proof that the DMI program is working to turn the English Avenue neighborhood in a new direction. The Atlanta Police Department will continue to work with our local, state and federal partners to develop new programs and find innovative ways to fight crime.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Daniel is one of the final defendants to be sentenced as part of the first phase of the district’s DMI investigation of drug trafficking in Atlanta’s English Avenue community. Between April 22, 2015, through June 11, 2015, Daniel distributed heroin in the English Avenue neighborhood and was identified by law enforcement after he conducted a hand-to-hand transaction with an undercover officer in April 2015. He was also a convicted felon at that time.
That day, an undercover officer was present in the area to conduct a drug deal with an unrelated DMI target when Daniel unexpectedly approached him. Daniel gave the undercover officer heroin and his cell phone number in the hope of doing future drug deals with the undercover officer. Then, in June 2015, Daniel was involved in a heroin “buy/bust” attempt, but escaped apprehension when law enforcement officers tried to arrest him.
During that escape, Daniel pointed a loaded firearm at an APD investigator just before escaping down a deep embankment where officers were unable to apprehend him. Despite a pursuit by law enforcement officers of the Georgia State Patrol, APD, and the National Guard, Daniel remained a fugitive for nearly a year. APD Officers eventually apprehended Daniel on April 7, 2016, on unrelated charges. At the time, he was driving a vehicle that contained more heroin and a stolen firearm.
Shantuan Daniel, 25, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to five years and three months in federal prison, followed by three years of supervised release. Daniel pleaded guilty on these charges on November 15, 2016.
This case was prosecuted as part of the U.S. Attorney’s DMI Initiative in the English Avenue heroin market. Since the summer of 2015, more than 60 heroin traffickers have faced federal charges. U.S Attorney’s office staff have simultaneously been involved in diversion programs for other heroin dealers as well as community rebuilding efforts.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Atlanta Police Department.
Assistant United States Attorney Dash A. Cooper prosecuted this case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Albuquerque Resident Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Leo Lopez, 27, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, the government and the defendant agreed to recommend a sentence of 60 months imprisonment followed by a term of supervised release to be determined by the court.
Lopez and co-defendants Felix Ulibarri, 39, Joseph Sena, 40, and Jennifer Padilla, 39, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and a 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.
Ulibarri was indicted on July 28, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Lopez, Sena and Padilla. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County.
During today’s change of plea hearing, Lopez pled guilty to conspiring to distribute methamphetamine, and admitted that on July 26, 2016, he helped arrange a methamphetamine transaction between Sena, Padilla and himself. Lopez remains in custody pending a sentencing hearing, which has yet to be scheduled.
To date, 32 of the 104 defendants have entered guilty pleas, and three defendants have been sentenced. The remaining defendants, including Ulibarri, Sena and Padilla have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the ATF and is being prosecuted by Assistant U.S. Attorney Edward Han.
Albany Woman Pleads Guilty to Making False StatementsRead the Press Release
ALBANY, NEW YORK – Bobbi A. Constantine, formerly Robert Bove, age 49, of Albany, New York, pled guilty today to making false statements in connection with a federal employment application. Constantine also appeared today on a new criminal complaint charging her with wire fraud and Social Security Supplemental Security Income (SSI) fraud.
The announcements were made by United States Attorney Richard S. Hartunian; Inspector in Charge Shelly A. Binkowski, U.S. Postal Inspection Service (USPIS), Boston Division; and Eileen Neff, Special Agent in Charge of the Northeast Area for the United States Postal Service, Office of the Inspector General (USPS-OIG).
As part of her guilty plea in the false statements case, Constantine admitted that, in May 2016, she submitted an application for employment to the United States Postal Service in Troy, New York. That application contained two false statements: (1) that she had never been convicted of a crime and (2) that she was employed from September 2000 to “present” as an administrative assistant. In fact, Constantine had multiple criminal convictions, and was not continuously employed during that time.
Constantine, who has been detained since her September 2016 arrest, is scheduled to be sentenced by Senior United States Judge Thomas J. McAvoy on June 12, 2017. She faces up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years. 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.
In the wire fraud and SSI fraud case, the complaint alleges that Constantine defrauded mortgage and automobile lenders by falsely portraying herself as the sole beneficiary of a trust with assets of more than $12 million. According to the complaint, she used fraudulent trust documents to, among other things, purchase a home in Albany, a condominium in Myrtle Beach, South Carolina, and two new vehicles. If convicted of wire fraud, Constantine would face up to 20 years in prison, a maximum $250,000 fine, and a term of supervised release of up to 3 years.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
The complaint also alleges that Constantine applied for SSI benefits in March 2014, claiming that she suffered from impairments, including deafness, that caused her to be unable to work. Constantine was awarded SSI benefits in May 2014. During a February 2015 continuing eligibility review, according to the complaint, Constantine claimed to have received no income since her initial May 2014 eligibility review, and failed to disclose that she had received numerous checks and wires totaling $40,000, into a trust account she concealed from the Social Security Administration. Had Constantine disclosed her resources, or her purchase of a second home in South Carolina, her SSI payments would have been reduced or terminated. If convicted of SSI fraud, Constantine would face up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years.
These cases are being investigated by the USPIS, the USPS-OIG, the New York State Police, and the Social Security Administration-Office of Inspector General, and are being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.
Adam Hayat to Appear in Federal CourtRead the Press Release
UPDATE: March 20, 2017 at 3:15 p.m. Adam Hayat appeared in U.S. District Court in Denver. He was advised by U.S. Magistrate Judge Michael E. Hegarty of the charge contained in the recently returned indictment, as well as the penalty associated with that charge. During the hearing Hayat was represented by a member of the Federal Public Defender's Office. He is due next in court on Thursday, March 23, 2017 at 10:00 a.m., also before Magistrate Judge Hegarty. The purpose of the Thursday hearing is to determine the status of his detention. He will also be arraigned, where he will enter a plea.
Hayat currently faces one count of Possession of Firearms Not Registered With the National Firearms Registration and Transfer Record (aka pipe bombs). If convicted the defendant faces not more than 10 years in federal prison, and up to a $250,000 fine.
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DENVER – Adam Hayat is scheduled to have his first court appearance in Colorado this afternoon at 2:00 p.m. before U.S. Magistrate Judge Michael E. Hegarty at the Arraj U.S. Courthouse, 901 19th Street, Courtroom 501. He will be advised of the charges contained in a recently obtained indictment.
A federal grand jury in Denver late last week returned a one count indictment charging Adam Nauveed Hayat, age 35, of Denver, with one count of possession of a firearm (a destructive device) not registered to him in the National Firearms Registration and Transfer Record. If convicted, he faces not more than 10 years in federal prison, and up to a $250,000 fine. The announcement was made by the U.S. Attorney’s Office, the ATF, FBI, and the Denver Police Department.
He was arrested in Los Angeles after making and leaving the destructive devices at the downtown Denver Sheraton Hotel before fleeing. The Denver Police Department’s Bomb Squad carefully removed the devices, ultimately rendering them safe.
This investigation was conducted by the FBI, ATF and the Denver Police Department. The Los Angeles Police Department, as well as the Los Angeles FBI and ATF were involved with the arrest.
The defendant is being prosecuted by Assistant U.S. Attorney Judith Smith, Chief of the Cybercrime and National Security Section and Assistant U.S. Attorney Julia Martinez both with the Colorado’s U.S. Attorney’s Office.
The charge contained in the indictment is an allegation, and the defendant is presumed innocent unless and until proven guilty.
Acting Manhattan U.S. Attorney Announces the Arrest of Chukwuemeka Okparaeke for Conspiracy to Distribute Analogues of Fentanyl on the DarknetRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Phillip R. Bartlett, the Inspector in Charge of the New York Division of the United States Postal Inspection Service (“USPIS”), and Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the arrest of CHUKWUEMEKA OKPARAEKE for conspiracy to distribute large quantities of an analogue of fentanyl. Fentanyl and its analogues are synthetic opioids that are significantly stronger than heroin, and are major contributors to overdose fatalities.
Acting U.S. Attorney Joon H. Kim said: “The defendant’s alleged scheme combined one of the gravest current threats to public health – highly addictive and potentially lethal opioids – with a very modern criminal tool – the darknet. Okparaeke allegedly sold fentanyl-like controlled substances through an online black market to conceal the nature of the transactions and his identity. I want to thank our partners at the U.S. Postal Service for bringing Okparaeke’s alleged criminal exploitation out of the dark.”
USPIS Inspector in Charge Phillip R. Bartlett said: “Opioids such as fentanyl have become a public health crisis robbing many of productive futures and their very lives. Postal Inspectors have always made it their mission to protect the public and the U. S. Postal Service from these alleged drug traffickers, putting an end to their criminal enterprise through their misuse of the U. S. Mail.”
HSI Special Agent in Charge Angel M. Melendez said: “The defendant used an online black marketplace known as the ‘darknet’ to acquire large amounts of fentanyl which is a major factor in the large increase in overdose fatalities in our area. Describing himself as a darknet drug trafficker, this arrest shows that the darknet is no longer a secret place for criminals to conduct illegal activity while evading law enforcement.”
According to the allegations contained in the Complaint[1] charging OKPARAEKE:
Using the United States Postal Service, OKPARAEKE engaged in a conspiracy to receive and traffic kilograms of fentanyl analogues throughout the United States. During the operation of the conspiracy, OKPARAEKE received massive quantities of fentanyl analogues from suppliers abroad, repackaged the analogues into smaller quantities, and shipped them to customers using post offices throughout the New York-New Jersey area. To transact with customers and coordinate his sales, OKPARAEKE used an online black marketplace on the “darknet,” accessible only through a special software program that allows users to mask their identities through a process of encryption and decryption between numerous peer-to-peer connections. He used extensive measures to conceal his identity, including measures to encrypt his internet traffic and communications sent from his cellphone. Under an alter ego, he boasted about his exploits as a darknet drug trafficker online, where he also posted a short story detailing his criminal activities and his success at evading law enforcement.
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OKPARAEKE, 28, is charged with one count of conspiracy to distribute large quantities of an analogue of fentanyl, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
OKPARAEKE was arrested today in Kearny, New Jersey, and will be presented later today before the Honorable Lisa M. Smith in United States District Court in White Plains, New York.
Mr. Kim praised the outstanding investigative work of the USPIS, HSI, the Fairfax County Police Department in Fairfax County, Virginia, the Office of the Attorney General in Virginia, and the Middletown Police Department. Mr. Kim thanked the Fairfax County Police Department for its significant contributions to the investigation and for its assistance in the arrest and apprehension of the defendant.
The case is being prosecuted by the Office’s White Plains Division. Assistant United States Attorney Gillian Grossman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Acting Manhattan U.S. Attorney and FBI Announce Charges Against Correction Officer in Rikers Island AssaultRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of criminal charges against RODINY CALYPSO, a New York City Correction Officer, in the assault of an inmate at Rikers Island. CALYPSO was charged with repeatedly punching and elbowing the inmate in the head and face without physical provocation while the inmate was handcuffed behind his back, in violation of his rights under the United States Constitution, and with filing a false report in order to cover up the incident. CALYPSO was arrested this afternoon on charges contained in a criminal Complaint and is expected to be presented in federal court later today.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Rodiny Calypso allegedly violated a Rikers Island inmate’s constitutional rights by viciously beating him – without physical provocation – while the inmate was restrained in handcuffs. As we have said before, the protections of our Constitution extend to those in prisons, and this Office will remain vigilant about protecting the rights of all, including those confined within the walls of Rikers Island.”
FBI Assistant Director William F. Sweeney Jr. said: “Today, Rodiny Calypso, a New York City Correction Officer, is charged with subjecting an inmate to cruel, unnecessary, and inappropriate punishment—behavior that simply won’t be tolerated. The rules that apply to the appropriate use of force are specific and clear, and the vast majority of those within the law enforcement community are quick to adhere to them. Today’s charges not only defend the rights of all prisoners to be afforded proper treatment under the law, but also the reputation of those within the criminal justice system who uphold the rule of law; if you don’t, you’ll swiftly be removed from serving in any official capacity.”
According to the Complaint[1] unsealed today in Manhattan federal court:
Rikers Island is a jail complex, located in the Bronx, New York, maintained by the New York City Department of Correction. At the time of his assault, the inmate (“Inmate-1”) was housed in pretrial detention in the Otis Bantum Correctional Center (“OBCC”), a facility that houses, among other inmates, inmates in need of maximum security. Inmate-1 was housed in Dorm 5 North, a dormitory area within the OBCC in which inmates were generally kept in solitary confinement in individual cells for 23 hours per day. The shower facilities within Dorm 5 North were individual stalls, to be occupied by one inmate at a time, and to which inmates were brought handcuffed, then uncuffed through a port in the shower stall door, and then handcuffed again through the port before being brought out of the stalls by correction officers.
The Assault and Cover-Up
Shortly before noon on February 27, 2014, CALYPSO relieved another correction officer at 5 North while Inmate-1 was in the shower. Inmate-1 and CALYPSO had an extended verbal exchange, during which CALYPSO picked up some personal items Inmate-1 had dropped outside of the door through the port. At one point, CALYPSO stepped away from the door and spoke to a fellow correction officer one level down within the dorm area. That person left the dorm area and returned with another officer (“Officer-1”), who looked up at the shower area.
CALYPSO rear-cuffed Inmate-1 for removal and briefly looked down in the direction of the other officer. CALYPSO then opened the door to the shower stall and immediately punched Inmate-1 several times in the face. He followed Inmate-1 into the shower area, where he put Inmate-1 into a headlock and punched him several more times in the head. CALYPSO began to lose his footing at this point, and clung to Inmate-1’s side. Officer-1 arrived in the stall at this point. As Officer-1 restrained Inmate-1, CALYPSO regained his footing and elbowed Inmate-1 repeatedly – approximately five times – in the head. As a result of the assault, Inmate-1 suffered lacerations to his face and the back of his head. The entire assault was captured on surveillance video and witnessed by multiple inmates whose cells were positioned opposite the shower area.
The New York City Department of Correction issues directives governing the circumstances under which the use of force against inmates is appropriate. Under these directives, force is to be used as a last resort, when an inmate in restraints is still dangerous to himself and others. Among other things, the directives prohibit: the use of more force than is necessary to restrain an inmate, control a situation, or protect oneself or others; the use of force out of proportion to the threat posed by an inmate at the time; the use of blows where a control hold, grasping, or pushing would suffice to restrain the inmate; the direction of blows to the head if the use of such blows is otherwise avoidable; and multiple strikes, punches, or kicks where a single blow would be sufficient to stop an inmate’s attack.
After the assault, CALYPSO filled out a “Use of Force Report” form on which he was supposed to report the circumstances of that assault. In that Use of Force Report, CALYPSO attempted to justify his conduct by falsely stating that Inmate-1 had spit on him and attempted to spit on him again. He also mischaracterized and misstated portions of the assault, omitting the punches he delivered while holding Inmate-1 in a headlock and claiming that he had hit CALYPSO in the “upper torso” area.
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RODINY CALYPSO, 38, of Springfield Gardens, New York, is charged with one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison, and one count of filing false forms, which carries a maximum sentence of 20 years in prison. CALYPSO faces a maximum sentence of 30 years in prison.
Mr. Kim praised the investigative work of the FBI. Mr. Kim also thanked the New York City Department of Investigation, the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation, which remains ongoing.
This case is being handled by the Office’s Civil Rights and Public Corruption Units. Assistant U.S. Attorneys Tara M. La Morte and Martin S. Bell are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.
19 March 2017
Statement on Killing of EBRSO DeputyRead the Press Release
BATON ROUGE, LA - In the wake of last night’s tragedy, Acting United States Attorney Corey Amundson stated: “Our hearts and prayers are with the family and friends of the fallen deputy and all the brave men and women in law enforcement who risk their own safety every single day to protect the communities they serve. We will devote whatever federal law enforcement resources are necessary to ensure that justice is served.“
17 March 2017
“Traveling Crew” Sentenced for Using Stolen Debit Card Numbers from Local BankRead the Press Release
BOISE – On March 15 and 16, 2017, Alejandro Hidalgo, 27, Dilcia Martinez-Marquez, 27, Enrique Matos-Herrera, 30, and Jose Salazar-Quintana, 30, were sentenced to prison for using stolen debit card numbers to make over $30,000 of fraudulent purchases at local Walmart stores and other businesses, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced. Senior U.S. District Judge Edward J. Lodge sentenced Hidalgo, Matos-Herrera, and Salazar-Quintana, Cuban nationals who were living in Amarillo, Texas, to 48 months in prison, to be followed by three years of supervised release. Martinez-Marquez, an El Salvadorian national married to Hidalgo, was sentenced to 21 months in prison and three years of supervised release. The defendants also were ordered to pay $30,620.58 in restitution.
On December 5, 2016 a federal jury convicted all the defendants of conspiracy to commit wire fraud. Hidalgo also was convicted of six counts each of wire fraud and aggravated identity theft. Martinez-Marquez also was convicted of four counts of wire fraud. Matos-Herrera was convicted of four counts each of wire fraud and aggravated identity theft. And Salazar-Quintana was convicted of seven counts each of wire fraud and aggravated identity theft. In handing down the sentences in this case, Judge Lodge noted that the jury only needed to deliberate for a couple hours despite the number of counts charged in the case.
The week-long trial established that the defendants, and their co-defendants, Luis Mejias-Fiz, 27, and Eslay Monzon, 43, traveled to Idaho for the purpose of executing their scheme. They rented hotel rooms and traveled to at least seven Walmart stores and a couple of Walgreens stores in the Treasure Valley on October 15 and 16, 2015. They obtained stolen debit card numbers from “dark web” internet sites that traffic in stolen account numbers. The defendants targeted Idaho residents by obtaining stolen debit card account numbers from Idaho Independent Bank. They fraudulently encoded the stolen account numbers onto the magnetic strips of stock gift cards and then used the re-encoded cards to purchase new gift cards and other merchandise. On October 16, 2015––thanks in part to tips from members of the public––the Meridian Police Department apprehended the defendants in the vehicle they were sharing. Through the investigation, law enforcement recovered thousands of dollars-worth of gift cards, merchandise, and a computer that the defendants used to execute their scheme.
Co-defendants Monzon and Mejias-Fiz, who pleaded guilty before trial and testified against their co-conspirators at the trial, were sentenced to 25 months and 21 months in prison, respectively.
Conspiracy to commit wire fraud and wire fraud are punishable by up to 20 years in prison, a $250,000 fine, and three years of supervised release. Aggravated identity theft is punishable by a mandatory two years in prison, to be served consecutively to the sentence imposed for the underlying felony.
The case was investigated by the Meridian Police Department and the United States Secret Service.
Woman Pleads Guilty to Possession with Intent to Distribute MarijuanaRead the Press Release
St. Thomas, USVI – Okeyonna Njoku, 30, of Los Angeles, California pleaded guilty on March 16, 2017, in federal court to possessing with intent to distribute marijuana, Acting United States Attorney Joycelyn Hewlett announced.
According to the plea agreement, on October 15, 2016, at the Cyril E. King Airport, St. Thomas, a U.S. Customs and Border Protection (CBP) K-9 detected narcotics in a checked bag belonging to Njoku, who had arrived on an American Airlines flight from Miami, Florida. CPB officers examined the contents of the bag, resealed it, and placed it on the carousel for retrieval. Njoku retrieved the bag from the baggage claim area. CBP officers seized and field-tested a total of approximately 5.9 kilograms of marijuana from Njoku’s bags.
Njoku was remanded into the custody of the United States Marshals Service. Sentencing is scheduled for July 20, 2017.
Njoku faces a maximum sentence of not more than five years in prison, a fine of up to $250,000, and three years of supervised release.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Anna A. Vlasova.
Wolfeboro Man Pleads Guilty to Committing Two Rochester Bank RobberiesRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Jake Chiaradonna, of Wolfeboro, New Hampshire, pleaded guilty on Thursday to committing two bank robberies in Rochester, New Hampshire.
According court records and statements made in court, on October 5, 2016, Chiaradonna entered the Citizens Bank on Milton Road in Rochester, New Hampshire, and handed the teller a note claiming that he had a gun and demanding money. The teller gave Chiaradonna money from the register and Chiaradonna fled the bank. Six days later, on October 11, 2016, Chiaradonna committed a similar robbery at the TD bank on Old Dover Road in Rochester, New Hampshire, handing the teller a note stating “give me your 20’s, 50’s, 100’s I have a gun.”
Police circulated bank surveillance images to the public, and in response, several individuals contacted law enforcement to identify Chiaradonna as the robber. Police and Deputy U.S. Marshals subsequently located and arrested Chiaradonna at a Wolfeboro area motel.
A sentencing hearing is scheduled for June 26, 2017.
The case was investigated by the Rochester Police Department and the Wolfeboro Police Department, with assistance from the U.S. Marshals Service and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.
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Willowbrook Woman Sentenced to a Year in Prison for Defrauding City of Chicago’s Women-Owned Business Entity Procurement ProgramRead the Press Release
CHICAGO — A Willowbrook woman has been sentenced to a year and a day in federal prison for scheming to help a contractor falsely satisfy its female hiring requirement for city of Chicago construction projects.
As the owner of a certified Women’s Business Enterprise, ELIZABETH PERINO allowed her company to be claimed as a subcontractor on city projects so that the general contractor could satisfy its requirement to assign a portion of the work to female-owned businesses. Perino falsified paperwork to conceal the fact that her business, Perdel Contracting Co., would perform no actual work on the projects. As a result of Perino’s fraud, Perdel expected to receive payment equivalent to a percentage of the work that Perdel fraudulently claimed to have performed.
A jury last year convicted Perino, 62, of Willowbrook, on three counts of wire fraud and one count of mail fraud. U.S. District Judge Gary Feinerman imposed the sentence Thursday in federal court in Chicago.
The conviction was announced by Brian Hayes, Chief of the Criminal Division of the United States Attorney’s Office for the Northern District of Illinois; Michael J. Anderson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation; Thomas Ullom, Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General in Chicago; James Vanderberg, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; and Joseph M. Ferguson, Inspector General for the City of Chicago.
A city of Chicago ordinance establishes an overall goal of awarding at least 5% of total annual funding of all city contracts to WBEs. For contracts with values exceeding $10,000, each contractor has to commit a certain percentage of labor to WBEs, either as a joint venture or subcontractor, or by purchasing goods or services from a WBE. In addition to being a WBE, Lockport-based Perdel, which specialized in concrete and carpentry work, also qualified to participate in city projects as a certified Disadvantaged Business Enterprise.
Evidence at Perino’s trial revealed that Perino and a co-worker agreed to act as a “pass-through” WBE/DBE on two city projects, meaning that Perdel’s employees would perform no work and Perdel’s equipment would not be used. For one of the projects – at O’Hare International Airport – Perino agreed to place the general contractor’s employees on Perdel’s payroll to perform the work that would be credited to Perdel. Perino also entered into a sham contract to “purchase” street sweepers from the general contractor and title them in Perdel’s name while the general contractor’s workers performed the street sweeping as purported employees of Perdel. Perino and the general contractor further agreed that, at the conclusion of the O’Hare project, the street sweepers would be returned to the general contractor for $1 per machine, and Perdel would receive 18% on top of the labor costs and $20 per hour for the street sweepers.
The government was represented by Assistant U.S. Attorneys Megan Cunniff Church and Matthew Kutcher.
West Covina Man Faces Federal Charge after 1¼ Pounds of Meth and Numerous Firearms Discovered in his West Covina ResidenceRead the Press Release
LOS ANGELES – A West Covina man has been charged in federal court with possession with the intent to distribute methamphetamine after authorities found over one-half kilogram of methamphetamine in his residence.
Edwin Francisco Reyes, 44, was charged with the drug trafficking offense in a criminal complaint filed Wednesday in United States District Court.
According to the affidavit in support of the complaint, Reyes was arrested by the Chino Police Department on March 2 after they executed a search warrant at the home he shared with his wife and four children. During the search, officers with the Chino Police Department seized 532 grams – or nearly 19 ounces – of methamphetamine.
Reyes, who admitted being a convicted felon, also was in possession of 28 firearms, including six handguns, two bolt-action rifles and two AR-style rifles, according to the affidavit.
The affidavit alleges that Reyes admitted being involved in a drug trafficking ring as a runner who delivered drugs to buyers in exchange for cash. On the day the search warrant was executed, according to the affidavit, Reyes admitted picking up five pounds of methamphetamine to deliver to Ontario.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Reyes, who is currently in state custody, is expected to be handed over to federal authorities next week.
If he is convicted of the charge of possession with the intent to distribute methamphetamine, Reyes would face a mandatory minimum sentence of 10 years and a statutory maximum sentence of life in federal prison.
The ongoing federal investigation is being led by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant United States Attorney Peter Hardin of the General Crimes Section is prosecuting the case.
Watertown Man Sentenced to Three and One Half Years in Prison for Federal Firearms FelonyRead the Press Release
SYRACUSE, NEW YORK - Vantroy Nelson, 36, of Watertown, New York, was sentenced yesterday to serve forty-two 42 months (3 ½ years) in prison following his guilty plea to possession of a firearm by a convicted felon, announced United States Attorney Richard S. Hartunian and Ashan M. Benedict, Special Agent in Charge of the New York Field Division, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The charges stemmed from an incident on December 21, 2013 where Nelson fired a shotgun from the back porch of a residence in the city of Watertown, New York. Nelson was also ordered to serve three (3) years of supervised release following his prison sentence.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Watertown (New York) Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
Vestal Man Pleads Guilty to Distributing and Receiving Child PornographyRead the Press Release
BINGHAMTON, NEW YORK - Nathan E. Boguhn, 50, of Vestal, New York, pled guilty yesterday to three (3) counts of distributing and receiving child pornography via the internet and using a file sharing program, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Vadim Thomas, Albany Division of the Federal Bureau of Investigation (FBI). During his guilty plea before Senior Judge Thomas J. McAvoy, Boguhn admitted that in 2016 he downloaded child pornography from the internet and allowed others access to this material through a file sharing program he maintained.
At sentencing on July 18, 2017 Boguhn faces minimum sentence of five (5) years and up to twenty (20) years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. 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. Boguhn remains in the custody of the U.S. Marshal’s Service pending sentencing.
This case is being investigated by the Mid-State Child Exploitation Task Force, which includes the FBI and the New York State Police, with assistance provided by the Town of Vestal (New York) Police Department, and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Two Sentenced for Burglary of Macon Bass Pro ShopsRead the Press Release
Two of four defendants, all of whom have previously pled guilty to conspiracy to commit theft from a federal firearms licensee stemming from the September 29, 2013, burglary of the Macon Bass Pro Shops, were sentenced this week in Macon by the Honorable Marc T. Treadwell, District Court Judge, announced United States Attorney G. F. “Pete” Peterman, III.
On Tuesday, March 14, 2017, Dante Thomas, age 32, of Atlanta, Georgia, was sentenced to five years in prison, to run consecutively to an unrelated state sentence. On Friday, March 17, 2017, Tabari Walters, age 24, of East Point, Georgia, was sentenced to 33 months imprisonment. They were also ordered to pay $14,619.83 in restitution to Bass Pro Shops, being jointly and severally liable for this amount. There is no parole in the federal system.
Through their pleas the men admitted that, after discussing the idea of stealing firearms, they drove from the Atlanta area to the Bass Pro Shops in Macon, Georgia, and parked along the side of Interstate 75 northbound, next to the store. All four men then ran up the hill and approached the store on foot near where boats are displayed. Shortly before midnight Mr. Thomas broke and cleared the glass from the window of an emergency door using a yellow crowbar to gain access. All four men ran to the firearms section, where they stole 17 firearms. They then returned to the Atlanta area.
Agents later obtained a search warrant for Mr. Thomas’ residence, where they found a yellow crowbar that matched the one used to break into the Bass Pro Shops. Agents also obtained records from Mr. Thomas’ cell phone which revealed that the device had been used in the vicinity of cell phone towers in the area of the Bass Pro Shops around the time of the burglary.
Sentencing for remaining co-defendants, Kenneth Atwater, 35, of McDonough, Georgia, and Jabari Walters, 24, of East Point, Georgia, is currently set for April 12, 2017.
“With the increase in violent crime and gun related violence that our communities are experiencing, including the recent murders of five law enforcement officers by gunfire in this area in recent months, the United States Attorney’s Office, consistent with the mandate of Attorney General Sessions, will vigorously prosecute all defendants who illegally obtain or possess firearms. These defendants, and those to whom they would have sold or given these weapons, certainly fall into that category,” said United States Attorney Peterman.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Beth Howard is handling the prosecution for the Government.
Questions concerning this case should be directed to Brittney Kish Lightsey, United States Attorney’s Office, at (478) 752-3511.
Tampa Resident Sentenced to More Than Three Years in Prison for Punching A Federal OfficialRead the Press Release
Tampa, FL – U.S. District Judge Virginia Covington yesterday sentenced Quentin Cephus (30, Tampa) to three years and five months in federal prison for forcibly assaulting and inflicting bodily injury on a federal official, while that employee was carrying out his official duties. Cephus pleaded guilty on December 19, 2016.
According to court documents, on February 9, 2016, Cephus approached a U.S. Bureau of Prisons official who was conducting an audit at the Hillsborough County Residential Re-entry Center. Cephus, who was a resident at the center, punched the official in the face with a closed fist and inflicted bodily injury on him. Moments later, he spat in the official’s face.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Mandy Riedel.
Springfield Man Sentenced for Firearm ChargeRead the Press Release
BOSTON – A Springfield man was sentenced today in U.S. District Court in Springfield for unlawfully possessing a firearm.
Mark Alexander, 26, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 18 months in prison and three years of supervised release. In December 2016, Alexander pleaded guilty to one count of possession of a firearm and ammunition by a felon.
On Sept. 2, 2015, Alexander possessed a .22 caliber pistol. As a result of a prior felony offense, Alexander was prohibited from possessing a firearm and ammunition. Alexander and his co-defendant, Hector Nieves, worked together to sell the pistol and ammunition to a cooperating witness.
In July 2016, Nieves was sentenced to five years in prison for the same charge.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. The case was investigated by the FBI’s Western Massachusetts Gang Task Force and the ATF. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office prosecuted the case.
South Florida Resident Pleads Guilty to Committing Armed Robbery of Jewelry Store in Downtown MiamiRead the Press Release
A South Florida resident pled guilty in federal court yesterday for committing an armed robbery of a jewelry store in the Seybold Building in downtown Miami.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida; Katherine Fernandez Rundle, Miami-Dade State Attorney; George L. Piro, Special Agent in Charge (FBI), Miami Field Division; and Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.
Jessie Wooden, 29, of Miami, pled guilty to conspiring to commit an armed robbery, armed robbery, and possession of a firearm in furtherance of a crime of violence. Wooden faces a maximum statutory sentence of life in prison. He is scheduled to be sentenced before U.S. District Court Donald L. Graham on May 25, 2017.
According to the court record, including the agreed upon factual proffer, on October 29, 2016, Wooden and his co-conspirator robbed a jewelry store located in the Seybold Building in downtown Miami. Once inside the jewelry store, Wooden brandished a firearm while the co-conspirator bound the victim’s hands and feet. The defendant and his co-conspirator stole approximately 35 watches and over $250,000 in U.S. currency.
On January 11, 2017, law enforcement officers attempted to conduct a traffic stop on the vehicle Wooden was driving. Wooden refused to stop and sideswiped an officer’s vehicle in an attempt to evade capture. Ultimately, Wooden crashed his vehicle and was taken into custody. A search of the vehicle revealed a loaded firearm. An additional search of Wooden’s residence revealed over 100 rounds of ammunition.
Mr. Greenberg commends the FBI and MPD for their collaborative work as part of the South Florida Violent Crime Task Force. This case was prosecuted by Special Assistant U.S. Attorney Marianne Curtis from the Miami-Dade State Attorney’s Office.
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.
South Boston Woman Indicted for Identity TheftRead the Press Release
BOSTON - A South Boston woman was arrested today for using false Social Security numbers on a job application and an apartment rental application after she completed a prison sentence in a previous fraud case.
Dana Whidbee, a/k/a Dana De Alasei, 53, was charged with two counts of falsely representing a Social Security number. She is scheduled to appear before U.S. District Court Magistrate Judge Donald L. Cabell at 3:00 p.m.
According to court documents, in 2006, Whidbee was sentenced to two years in prison after pleading guilty to wire fraud charges. Whidbee had posed as an agent for non-existent homebuyers and fraudulently obtained funds from various not-for-profit companies that were in the business of providing down-payment money to eligible buyers.
According to the indictment that was unsealed today, after her release from prison, Whidbee applied for a job on Sept. 16, 2013, using a false Social Security number. On May 17, 2014, she applied for an apartment using a false Social Security number.
The charge of falsely representing a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and David W. Hall, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office made the announcement today. Special Assistant U.S. Attorney Timothy Landry of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rock Island Man Sentenced to 130 Months in Prison for Drug Distribution OffensesRead the Press Release
DAVENPORT, IA - On March 16, 2017, Dajuan Parnell, 22, of Rock Island, Illinois, was sentenced by Chief United States District Court Judge John A. Jarvey to 130 months in prison for possession of crack cocaine with intent to distribute and possession of cocaine with intent to distribute, announced United States Attorney Kevin E. VanderSchel. Parnell was ordered to serve four years of supervised release following his prison term and to pay $200 to the Crime Victims’ Fund.
On October 17, 2016, Parnell pleaded guilty to the drug distribution charges and admitted on June 12, 2016, he was in possession of both crack cocaine and cocaine with the intent to distribute each controlled substance. The charges were the result of an investigation that began when a marked Iowa State Patrol (ISP) vehicle pulled behind Parnell’s vehicle at a red light in downtown Davenport at approximately 3:20 a.m. Parnell immediately ran the red light and eluded the ISP vehicle. Following a pursuit, which lasted approximately eight miles and involved speeds of approximately 90 miles per hour, Parnell’s vehicle became disabled and Parnell and two passengers fled the vehicle on foot. Parnell dropped a quantity of crack cocaine on the ground as he ran. In the vehicle, law enforcement recovered additional an additional quantity of crack cocaine, a quantity of cocaine, and a loaded, .40 caliber handgun. In total, law enforcement recovered 67.44 grams of crack cocaine and 10.51 grams of cocaine.
This matter was investigated by the Iowa State Patrol, with assistance from the Davenport Police Department and the United States Drug Enforcement Administration. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by either calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected]
Quebec Woman Sentenced for Transporting Illegal AliensRead the Press Release
SYRACUSE, NEW YORK –Audrey Bush, 46, of Akwesasne, Quebec, was sentenced yesterday to serve ten (10) months imprisonment, to be followed by three (3) years of supervised release in connection with her plea of guilty to two counts of Transporting Illegal Aliens, announced United States Attorney Richard S. Hartunian and United States Border Patrol Agent in Charge (Ogdensburg) Timothy Morgan. The defendant’s sentence included forfeiture of $1000, the fee she received for driving the aliens to Syracuse, New York.
As part of her guilty plea on November 9, 2016, Bush admitted to knowingly transporting two (2) Chinese citizens within the United States. Bush admitted that she picked up the two aliens at the Akwesasne Reservation and began to drive them to Syracuse, New York. Law enforcement officers stopped her vehicle in Hammond, New York, at which time the aliens were identified and determined to be in the United States illegally after crossing the St. Lawrence River from Canada without inspection by U.S. Immigration officers.
The case was investigated by the United States Border Patrol (Ogdensburg, NY Station) and prosecuted by Assistant U.S. Attorney Tamara Thomson.
Portland Man Convicted of Drug ChargeRead the Press Release
Contact: David B. Joyce
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Mustafa Hassan, 34, of Portland, Maine was convicted yesterday following a jury trial in U.S. District Court of conspiracy to distribute and possess with intent to distribute cocaine and 28 grams or more of cocaine base, commonly known as crack.
Court records and trial evidence revealed that between January 2016 and March 2016, Hassan, Nelson Calderon, and others trafficked in cocaine and crack in southern Maine. The two men were arrested on March 6, 2016, as law enforcement interrupted a pending drug transaction. A subsequent search warrant at Calderon’s residence revealed about 160 grams of crack and about 460 grams of cocaine.
Hassan faces between five and forty years in prison and a fine of up to $5,000,000. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. On November 21, 2016, Calderon entered a guilty plea to the drug conspiracy charge. He awaits sentencing.
The investigation was conducted by the Federal Bureau of Investigation (“FBI”) and the U.S Drug Enforcement Administration (“DEA”) in conjunction with the Southern Maine Gang Task Force, which is comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the DEA; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, and Lewiston Police Departments.
North Hills Man Sentenced to 18 Years in Prison for Producing Sexual Images of MinorsRead the Press Release
PITTSBURGH - A former resident of Allegheny County, Pennsylvania, was sentenced in federal court to 216 months imprisonment, followed by a lifetime of supervised release, on his conviction of production material depicting the sexual exploitation of a minor, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on Travis Glies, 38, of Allison Park, Pennsylvania.
According to information presented to the court, the court was advised that from January of 2016 to February of 2016, Glies produced visual depictions of the sexual exploitation of a minor.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended the Federal Bureau of Investigation, the Allegheny County District Attorney’s Office, and the Allegheny County Police Department for conducting the investigation leading to the successful prosecution of Glies.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Newton Man Sentenced to Prison for Extortion and GamblingRead the Press Release
BOSTON – A Newton man was sentenced today in U.S. District Court in Boston to seven years in prison for extortion and conducting an illegal gambling business.
Joseph Yerardi, 62, of Newton, was sentenced by U.S. District Court Judge Denise J. Casper to seven years in prison and three years of supervised release. Judge Casper also issued an order forfeiting over $68,000 in cash recovered in searches or from bank accounts in Yerardi’s name, as well as 30 fake luxury watches also recovered in searches, and a forfeiture money judgment order against Yerardi for $300,000.
In December 2016, Yerardi pleaded guilty to conducting an illegal gambling business, conspiring to make and making extortionate extensions of credit, and conspiring to collect and collecting extensions of credit by extortionate means.
Yerardi was the head of a large bookmaking business that made hundreds of thousands of dollars and used threats or other extortionate means to collect debts. Among other things, a debtor reported that Yerardi threatened to stab the debtor “twenty times” for not paying a gambling debt.
In 2009, Yerardi was convicted in federal court in Boston of racketeering, conducting an illegal gambling business, money laundering, and collection of credit by extortionate means, and sentenced to 100 months in prison. In 1995, Yerardi was convicted in federal court in Boston of racketeering, extortionate extensions of credit, collection of credit by extortionate means, money laundering, conducting an illegal gambling business and witness intimidation, and sentenced to 135 months in prison.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. The Internal Revenue Service’s Criminal Investigations in Boston, the Massachusetts Department of Correction, and the Boston, Cambridge, Medford, and Quincy Police Departments assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Weinreb’s Organized Crime and Gang Unit prosecuted the case.
Navajo Man from Churchrock Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Patrick Begay, 43, an enrolled member of the Navajo Nation who resides in Churchrock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an abusive sexual contact charge. The plea agreement recommends that Begay be sentenced within the range of 144 to 216 months in federal prison followed by a term of supervised release to be determined by the court. Begay will also be required to register as a sex offender.
Begay was arrested in Nov. 2016, on a four-count indictment charging him with sexually abusing a child under the age of 12 from Nov. 2013 through Dec. 2015, and engaging in sexual contact with a child under the age of 12 on Jan. 6, 2016. According to the indictment, Begay committed the offenses on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Begay pled guilty to Count 4 of the indictment charging him with abusive sexual contact with a child. In entering the guilty plea, Begay admitted that on Jan. 6, 2016, he engaged in sexual contact with the victim, who was then nine years old. Begay further admitted that he repeatedly sexually abused the victim from the time she was seven years old.
Begay remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting this case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Nahant Man Arrested on Extortion ChargeRead the Press Release
BOSTON – A Nahant man was arrested today and charged with extortion in connection with arranging and paying for a local business owner to be assaulted.
Gary P. DeCicco, 58, was charged by complaint with attempted extortion. DeCicco was detained following an initial appearance in U.S. District Court in Boston this afternoon.
According to the criminal complaint, in approximately 2004 or 2005, DeCicco sold land to the victim for $750,000. Shortly after construction began on the land in 2013, DeCicco asked the victim to be a partner in the car dealership the victim was building. When the victim refused to give DeCicco an interest in his business, DeCicco paid other individuals to arrange to threaten and assault the victim. On Jan. 11, 2015, the victim was assaulted at his business – an incident that was captured on video surveillance – and suffered several injuries, including a broken jaw.
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Weinreb’s Public Corruption Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mooresburg, Tennessee Resident Sentenced to Twenty Years in Federal Prison for Methamphetamine ConspiracyRead the Press Release
GREENEVILLE, Tenn. – On Mar.16, 2017, Steven Dwight Hopkins, aka “Rabbit”, 46, of Mooresburg, Tenn., was sentenced by the Honorable R. Leon Jordan, U.S. District Court Judge, to serve 240 months in federal prison for his role in a conspiracy to distribute methamphetamine (meth) in the Eastern District of Tennessee.
According to his plea agreement on file with U.S. District Court, Hopkins admitted that he was responsible for at least 1.5 kilograms but less than 4.5 kilograms of actual meth. He admitted to cooking meth since 2000. In August 2014, Hopkins was arrested following a traffic stop in Whitley County, Ga., on his way to obtain a quarter pound of meth. Hopkins was a member of the Chicken Head Mafia, along with a number of the other individuals charged in this conspiracy. He and other members of the Chicken Head Mafia looked out and protected each other during the meth trafficking conspiracy. Hopkins also belonged to the Copperhead Motorcycle Club. At times, Hopkins admitted that he obtained eight to 10 ounces of meth per week from co-defendant Rick Munsey, 48, of Del Rio, Tenn. Hopkins sold meth to a large customer base in and around Hamblen County, Tenn.
Law enforcement agencies participating in the investigation included the Federal Bureau of Investigation, Hamblen County Sheriff’s Office, Morristown Police Department and Third and Fourth District Judicial Drug Task Forces. Assistant U.S. Attorney Wayne Taylor represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Middleburgh Felon Sentenced to 27 Months for Possessing Firearm and AmmunitionRead the Press Release
ALBANY, NEW YORK – Aaron M. Bowman, age 33, of Middleburgh, New York, was sentenced today to 27 months in prison after pleading guilty to unlawfully possessing a firearm that he advertised for sale on Facebook.
The announcement was made by U.S. Attorney Richard S. Hartunian; Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and New York State Police Superintendent George P. Beach II.
As part of his plea on November 3, 2016, Bowman admitted that on March 11, 2016, he possessed a Smith & Wesson model 432PD .32 caliber revolver, and ammunition for 3 types of firearms. Six months earlier, Bowman had posted photos of the same revolver to his Facebook page and offered to sell it. As a felon Bowman was prohibited from possessing the revolver and ammunition; this is his sixth felony conviction.
U.S. District Judge Mae A. D’Agostino also ordered Bowman to serve 3 years of supervised release, to begin after his release from prison.
This case was investigated by the ATF and New York State Police, with the assistance of the Schoharie County District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Melrose Man Sentenced to 60 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Jeremy Lillie, age 32, of Melrose, New York, was sentenced today to 60 months in prison for distributing, receiving and possessing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
Senior U.S. District Judge Gary L. Sharpe imposed the sentence, which followed Lillie’s September 6, 2016 guilty plea to distributing, receiving, and possessing child pornography.
United States Attorney Richard S. Hartunian stated: “We will continue to work with the FBI and our other law enforcement partners to protect children from online exploitation and abuse.”
FBI Special Agent in Charge Vadim Thomas stated: “The FBI together with our law enforcement partners and prosecutors are dedicated to protecting the children of our community.”
Judge Sharpe also imposed a lifetime term of supervised release to start after Lillie is released from prison, and ordered the immediate payment of $15,000 in restitution. The restitution order of $15,000 is the total amount requested by the two child pornography victims who were identified and submitted requests for restitution. Lillie possessed images of many other children who either have not yet been identified or who did not seek restitution in this case. As a result of his conviction, Lillie will be required to register as a sex offender after leaving prison.
This case was investigated by the FBI and the Colonie Police Department, and was prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Maryland Man Arrested for CyberstalkingRead the Press Release
A Maryland man was arrested today on a federal criminal complaint charging him with cyberstalking a Dallas, Texas resident, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney John Parker of the Northern District of Texas.
John Rayne Rivello, 29, of Salisbury, Maryland, was arrested in Maryland today on a criminal complaint filed in the Northern District of Texas. The complaint was unsealed today following his initial appearance in the District of Maryland.
According to the allegations in the affidavit filed with the complaint, on Dec. 15, 2016, the victim, who is known to suffer from epilepsy, received a message via Twitter from Rivello. The tweet contained an animated strobe image embedded with the statement, “You deserve a seizure for your post.” Upon viewing the flashing strobe image the victim immediately suffered a seizure.
Additionally, according to the affidavit, evidence received pursuant to a search warrant showed Rivello’s Twitter account contained direct messages from Rivello’s account to other Twitter users concerning the victim. Among those direct messages included statements by Rivello, including “I hope this sends him into a seizure,” “Spammed this at [victim] let’s see if he dies,” and “I know he has epilepsy.” Additional evidence received pursuant to a search warrant showed Rivello’s iCloud account contained a screenshot of a Wikipedia page for the victim, which had been altered to show a fake obituary with the date of death listed as Dec. 16, 2016. Rivello’s iCloud account also contained screen shots from epilepsy.com with a list of commonly reported epilepsy seizure triggers and from dallasobserver.com discussing the victim’s report to the Dallas Police Department and his attempt to identify the Twitter user.
The charges contained in a criminal complaint are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The FBI and the Dallas Police Department investigated the case. The Maryland State Police and Ocean City Police Department assisted during the arrest. Assistant U.S. Attorney C.S. Heath of the Northern District of Texas and Aaron Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
Rivello ComplaintMaryland Man Arrested for CyberstalkingRead the Press Release
WASHINGTON – A Maryland man was arrested today on a federal criminal complaint charging him with cyberstalking a Dallas, Texas resident, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney John Parker of the Northern District of Texas.
John Rayne Rivello, 29, of Salisbury, Maryland, was arrested in Maryland today on a criminal complaint filed in the Northern District of Texas. The complaint was unsealed today following his initial appearance in the District of Maryland.
According to the allegations in the affidavit filed with the complaint, on Dec. 15, 2016, the victim, who is known to suffer from epilepsy, received a message via Twitter from Rivello. The tweet contained an animated strobe image embedded with the statement, “You deserve a seizure for your post.” Upon viewing the flashing strobe image the victim immediately suffered a seizure.
Additionally, according to the affidavit, evidence received pursuant to a search warrant showed Rivello’s Twitter account contained direct messages from Rivello’s account to other Twitter users concerning the victim. Among those direct messages included statements by Rivello, including “I hope this sends him into a seizure,” “Spammed this at [victim] let’s see if he dies,” and “I know he has epilepsy.” Additional evidence received pursuant to a search warrant showed Rivello’s iCloud account contained a screenshot of a Wikipedia page for the victim, which had been altered to show a fake obituary with the date of death listed as Dec. 16, 2016. Rivello’s iCloud account also contained screen shots from epilepsy.com with a list of commonly reported epilepsy seizure triggers and from dallasobserver.com discussing the victim’s report to the Dallas Police Department and his attempt to identify the Twitter user.
The charges contained in a criminal complaint are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The FBI and the Dallas Police Department investigated the case. The Maryland State Police and Ocean City Police Department assisted during the arrest. Assistant U.S. Attorney C.S. Heath of the Northern District of Texas and Aaron Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
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Man Sentenced for His Role in Credit Card SchemeRead 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 Richard Lipke, who was convicted of conspiracy to commit access device fraud, was sentenced to six months in prison and ordered to pay $60,608.10 in restitution by U.S. District Judge Elizabeth A. Wolford.
The defendant was arrested with four others in June of 2016 after they were discovered to have been engaged in a variety of frauds involving credit cards. According to Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, between January 15, 2015, and February 2, 2015, one of defendant’s co-conspirators conducted a series of over-the-phone credit card purchase with stolen credit card account information at various Home Depot locations in Western New York. Defendant Lipke also utilized the stolen credit card information to conduct a series of fraudulent purchases from Home Depot during this period. Those fraudulent purchases totaled $48,208.10.
Moreover, between February 2015 and May 2015, defendant picked-up from retailers in the greater-Rochester area various equipment, including a jet ski, a watercraft trailer, with a combined value in excess of $20,000, which had been fraudulently purchased over-the-phone by one of his co-conspirators using stolen credit card account information.
Today’s sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Long Island Portfolio Manager Pleads Guilty to Wire Fraud for Stealing More Than $440,000 from ClientsRead the Press Release
Earlier today, Patrick Morgan Schiro, a resident of Rockville Centre, New York, and the founder of Black Rock Morgan LLC (BRM), pleaded guilty to wire fraud for defrauding five investors of approximately $440,000. The guilty plea was entered before United States District Judge LeShann DeArcy Hall at the federal courthouse in Brooklyn, New York. As part of his plea agreement with the government, Schiro has agreed to make restitution to the victims of his fraud in an amount to be determined by the Court. When he is sentenced on August 2, 2017, Schiro faces up to twenty years in prison, as well as restitution, criminal forfeiture, and a fine.
The guilty plea was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
According to court filings and facts presented at the plea hearing, Schiro incorporated BRM, a purported investment management business, in February 2014. From approximately July 2014 to October 2015, Schiro used false and misleading statements to induce five individuals to invest approximately $440,000 with BRM, and he concealed his prior federal conviction for securities fraud from at least four of them. For example, Schiro falsely told one investor that BRM had many clients, managed millions of dollars in assets, and had “a team of investment professionals with significant sector-specific expertise.” Once he had the funds, Schiro also deceived his investors by telling them that their investments were performing well. For example, Schiro told one investor that his investment of approximately $242,000 was valued at $711,000.
Contrary to these representations, Schiro only invested only a small amount of the funds and used a significant amount of the money on his personal expenses, including approximately $190,000 to pay one of his children’s university tuition. When investors asked for their money back, Schiro often ignored their requests or provided false or misleading excuses. For example, when one investor asked to redeem $250,000 from his account, Schiro caused an email to be sent to that investor stating that the request had been denied because: “Consistent with our AML [anti-money laundering] responsibilities and U.S. patriot act regulations wire transfer withdrawals and redemptions MUST and will ONLY be sent to the bank account associated with your BRM Account.” In fact, no such policies were in place to prevent the transfer requested by the investor.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney David K. Kessler is in charge of the prosecution.
The Defendant:
PATRICK MORGAN SCHIRO
Age: 45
Rockville Centre, New York
E.D.N.Y. Docket No. 17-CR-130 (LDH)
Liquid Methamphetamine Lands Brownsville Man in Federal PrisonRead the Press Release
CORPUS CHRISTI, Texas – A 20-year-old Brownsville man has been ordered to prison following his conviction of possessing with the intent to distribute more than 44 kilograms of liquid methamphetamine, announced Acting U.S. Attorney Abe Martinez. Steve Turrubiates pleaded guilty Dec. 29, 2016.
Today, Senior U.S. District Judge Janis Jack ordered Turrubiates to serve 70 months in federal prison to be immediately followed by five years of supervised release.
Turrubiates was arrested Oct. 25, 2016, at the United States Border Patrol checkpoint near Sarita. On that date, he entered the primary inspection lane where a canine alerted to the presence of narcotics. He and his vehicle were sent to secondary inspection, at which time agents noticed tool marks on the gas tank and the bolts which hold it to the underside of the vehicle. Agents used a fiber optic scope to examine the inside of the tank where they observed large plastic bags concealed within the fuel. The agents removed the fuel tank and recovered eight bags containing more than 44 kilograms of liquid methamphetamine.
The Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Robert D. Thorpe Jr. prosecuted the case.
Las Vegas Man Pleads Guilty to Conspiracy to Commit $5.3 Million in Advance Fee Grant Fraud SchemeRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man pleaded guilty today to conspiracy to commit a nearly $5.3 million advance fee fraud scheme targeting small business owners seeking grant funding, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Gregory Villegas, 37, pleaded guilty to conspiracy to commit wire fraud. He was indicted by a superseding indictment on Jan. 13, 2016. Sentencing is scheduled for June 30, 2017, before U.S. District Chief Judge Gloria M. Navarro.
As part of the guilty plea agreement, Villegas admitted that, together with co-conspirators Christine Gagnon, Mickey Gines, and others, he defrauded at least 390 victims for a total approximate loss of $5,261,218, between March 1, 2008 and about May 2, 2012. According to the plea agreement, Villegas and conspirators ran an advance fee scheme to defraud small business owners by pretending to operate companies that would obtain grants for the small business owners from public and private sources. In truth, Villegas and conspirators never intended to pursue any grant funding for the victims. The sole purpose of the scam was to enrich Villegas and conspirators. The plea agreement states that Villegas and conspirators repeatedly solicited victims for additional money for goods and services, and made numerous false statements, including false promises of grant funding and excuses for delays in funding. Villegas admitted that he directed staff to use aliases and operated under multiple business names to avoid lawsuits, actions by consumer protection agencies, and apprehension by law enforcement.
At the time of sentencing, Villegas will face the statutory maximum penalty of 20 years in prison and a $250,000 fine. Gagnon pleaded guilty on Nov. 17, 2014, and awaits sentencing scheduled for April 14, 2017; and Gines pleaded guilty on Feb. 2, 2015, and awaits sentencing scheduled for June 22, 2017.
The case is being investigated by the FBI and U.S. Secret Service; and prosecuted by Assistant U.S. Attorney Dan Cowhig.
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Kansas Man Pleads Guilty to Making False Statements in Federal Hate Crime InvestigationRead the Press Release
WASHINGTON – Diego Martinez, 28, pleaded guilty yesterday to making false statements to the FBI during a federal hate crime investigation arising from a June 19, 2015, bias-motivated assault of three black Somali men in Dodge City, Kansas. Martinez pleaded guilty in the District of Kansas to one count of making materially false statements to the FBI during an October 2015 voluntary interview.
During the plea hearing, Martinez admitted that, during the interview, he had provided the FBI with a false alibi for the time of the assault—specifically, that although he had told the FBI that he had been with an unknown woman at the time that the Somali men were attacked, this alibi was false. He further admitted that he falsely told the FBI that his cell phone had stopped working shortly after the assault, when, in fact, Martinez had used his phone to contact, and to attempt to contact, one of the men who perpetrated the attack. Martinez admitted that he knew these statements were false at the time he made them to the FBI, and that they were material to the FBI’s investigation into the attack.
“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute hate crimes, and to pursue defendants who, like Mr. Martinez, obstruct the investigations into those crimes.”
Martinez will be sentenced on June 1, 2017, and faces a maximum sentence of 5 years in prison.
This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police and the Ford County, Kansas, Sheriff’s Departments. The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section, with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.
Kansas Man Pleads Guilty to Making False Statements in Federal Hate Crime InvestigationRead the Press Release
Diego Martinez, 28, pleaded guilty yesterday to making false statements to the FBI during a federal hate crime investigation arising from a June 19, 2015, bias-motivated assault of three black Somali men in Dodge City, Kansas. Martinez pleaded guilty in the District of Kansas to one count of making materially false statements to the FBI during an October 2015 voluntary interview.
During the plea hearing, Martinez admitted that, during the interview, he had provided the FBI with a false alibi for the time of the assault—specifically, that although he had told the FBI that he had been with an unknown woman at the time that the Somali men were attacked, this alibi was false. He further admitted that he falsely told the FBI that his cell phone had stopped working shortly after the assault, when, in fact, Martinez had used his phone to contact, and to attempt to contact, one of the men who perpetrated the attack. Martinez admitted that he knew these statements were false at the time he made them to the FBI, and that they were material to the FBI’s investigation into the attack.
“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute hate crimes, and to pursue defendants who, like Mr. Martinez, obstruct the investigations into those crimes.”
Martinez will be sentenced on June 1, 2017, and faces a maximum sentence of 5 years in prison.
This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police and the Ford County, Kansas, Sheriff’s Departments. The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section, with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.
Jury Convicts Two Men Who Masterminded String of Violent Home Invasions of All ChargesRead 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 a federal jury has convicted Matthew Nix, 37, of Rochester, NY, and Earl McCoy, 35, of Brooklyn, NY, of conspiracy to commit Hobbs Act robbery; attempted Hobbs Act robbery; Hobbs Act robbery; carrying and brandishing firearms during crime of violence; narcotics conspiracy; carrying firearms during drug trafficking crime; and possessing firearms as convicted felon. The charges carry a maximum penalty of life in prison and a $3,000,000 fine.
Assistant U.S. Attorneys Robert A. Marangola and Everardo A. Rodriguez, who handled the prosecution of the case, stated that the defendants were the leaders of a group of criminals who engaged in armed home invasions of individuals they believed were drug dealers, as well as a jewelry wholesaler in the Town of Greece. The group included Jecovious Barnes, Jessica Moscicki as well as McCoy’s younger brothers Clarence Lambert and Gary Lambert. All four have been convicted. Nix and McCoy identified and obtained information about victims and locations, brought accomplices to the locations, supplied firearms to accomplices, and distributed property stolen from home invasions. McCoy and other accomplices entered the locations brandishing firearms. They restrained the victims at gunpoint, and in some instances, bound them with plastic zip-ties and pistol-whipped them, demanding drugs and money. The defendants ransacked the residences, flipping over beds, yanking out drawers looking for large quantities of drugs and cash. They stole drugs, cash, cell phones, and even guns from locations. Nix, McCoy and their co-defendants also perpetrated the home invasion at the home of a jewelry wholesaler, stealing $200,000 in luxury watches, diamonds and cash. Specifically:
• On September 15, 2014, at a residence in Rochester, Clarence Lambert, Earl McCoy and Matthew Nix stole property from two victims against their will. Lambert and McCoy broke open a locked screen door to the residence, brandished firearms, and demanded money and drugs from the victims, who they mistakenly believed were drug dealers. The victims were zip-tied at gunpoint, and one was pistol-whipped while the defendants searched the residence. After finding no money or drugs, Lambert and McCoy stole a cell phone and fled the residence and the victims called the police.
• On September 18, 2014, Nix and McCoy brought Clarence Lambert and Jecovious Barnes to another residence in Rochester of what they believed to be a drug dealer. Nix and McCoy expected to find a stash of illegal pills and cash inside the residence. Lambert and Barnes stormed inside the location brandishing handguns and restrained the two victims at gunpoint, demanded money and drugs, and searched the residence. After finding no stash of money or drugs, Lambert and Barnes stole two cell phones and then left with Nix and McCoy, who were waiting outside.
• On the morning of September 23, 2014, Nix and McCoy drove Clarence Lambert, Jecovious Barnes and Jessica Moscicki another Rochester residence to break in and steal marijuana, heroin, cocaine, and cash. Lambert and Barnes, carrying a firearm, broke into the unoccupied residence and stole cash, marijuana, firearms and other items from inside.
• On October 7, 2014, Nix and McCoy and their accomplices went to the home of a jeweler in the Town of Greece. The jeweler’s business involved buying and selling and luxury watches, all of which were made outside the United States. While Nix and McCoy waited nearby, their accomplices stormed the residence, carrying and brandishing at least one firearm and other weapons. They threatened to kill the jeweler and his wife and demanded money and access to the safe. The victims were pistol-whipped and sustained serious injuries. The men stole luxury watches, diamonds, jewelry and cash worth over $200,000 in total, including numerous Mens and Ladies Rolex watches. After fleeing the residence, the accomplices met Nix and McCoy and gave them the stolen property. Nix and McCoy paid their accomplices in cash and stolen watches.
The verdict is the culmination of an investigation on the part of the Greece Police Department, under the direction of Chief Patrick Phelan; Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict; Special Agent-in-Charge, New York Field Division; 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 Rochester Police Department under the direction of Chief Michael Ciminelli.
The defendants will be sentenced on July 12, 2017 before U.S. District Judge Elizabeth A. Wolford who presided over the trial.
Joint Efforts Yield 5 Million Global Child Exploitation LeadsRead the Press Release
INTERPOL Washington In February, the total number of reports made available to Interpol member countries through NCMEC’s CyberTipline and Interpol’s I-24/7 secure messaging system exceeded 5 million.WASHINGTON – Interpol Washington, the U.S. National Central Bureau (USNCB), recently reached a significant milestone in its 20-year partnership with the National Center for Missing and Exploited Children (NCMEC). In February, the total number of reports made available to Interpol member countries through NCMEC’s CyberTipline and Interpol’s I-24/7 secure messaging system exceeded 5 million.
Pursuant to its nonprofit private mission to help reduce child sexual exploitation, NCMEC works with Interpol Washington to provide law enforcement officials urgent and timely leads and information to prevent child sexual exploitation and abuse. Historically, these leads were not actionable due to the unavailability of law enforcement contacts as well as a lack of an established mechanism for making the reports available to law enforcement in certain jurisdictions. Interpol’s I-24/7 secure messaging system is the tool that is being used to quickly and effectively make available the information and leads to investigative law enforcement entities around the world. Foreign Universal Resource Locators (URL) Internet leads received by Interpol Washington are provided to NCMEC. Images and other forms of media containing actual evidence are provided to U.S. law enforcement agencies for potential action.
The source of the shared information is NCMEC’s CyberTipline® reports. In May 2014, Interpol’s I-24/7 secure messaging system tool went live and the service became available to approximately 140 Interpol member countries after a 30-day pilot program was completed. The pilot program was designed to test how Interpol member countries assimilated data made available from NCMEC. By November 2015, 1 million CyberTipline reports had been made available to international law enforcement agencies, with 38 countries requesting additional follow-up information. Today, more than 5 million CyberTipline reports have been made available through Interpol’s I-24/7, a secure, encrypted messaging system accessible by only the country where the leads are sent. This project allows for electronic distribution, 24 hours, 7 days a week, 365 days a year without personnel resources.
“On behalf of Interpol Washington, I would like to thank NCMEC and its leadership for its ongoing and extraordinary efforts in partnering with the USNCB to reach this historic milestone toward the global sharing of information among law enforcement in the fight against child exploitation,” stated Wayne H. Salzgaber, Acting Director of the USNCB.
NCMEC created the CyberTipline to further NCMEC’s mission of helping to prevent and diminish the sexual exploitation of children in March 1998 using hardware, software, and programming assistance donated by Sun MicroSystems, The CyberTipline provides the public and electronic service providers (ESPs) with the ability to report online (and via toll-free telephone) suspected child sexual abuse images, instances of online enticement of children for sexual acts, extra-familial child sexual molestation, child sexual abuse, child sex tourism, child sex trafficking, unsolicited obscene materials sent to a child, misleading domain names, and misleading words or digital images on the Internet. NCMEC continuously reviews CyberTipline reports to ensure that reports of children who may be in imminent danger get first priority. After NCMEC’s review is completed, all information in a CyberTipline report is made available to law enforcement.
“Interpol Washington is a crucial ally in NCMEC’s efforts to reduce the dissemination of child sexual abuse images around the world and prevent future child victimization,” said John Shehan, vice president of the Exploited Children Division at the National Center for Missing & Exploited Children. “We’re tremendously proud of our work with Interpol Washington and its commitment to help bring an end to child sexual exploitation worldwide.”
More than 18.4 million reports of suspected child sexual exploitation have been made to the CyberTipline between 1998 and March 11, 2017.
A component of the U.S. Department of Justice, Interpol Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to the International Criminal Police Organization (Interpol) on behalf of the Attorney General, Interpol Washington serves as the national point of contact for all Interpol matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Isanti Felon Indicted for Conspiracy to Distribute Methamphetamine, Possession of Stolen FirearmsRead the Press Release
Acting United States Attorney Gregory G. Brooker announced an indictment charging JEFFREY MARCUS LUCAS, 62, with one count of conspiracy to distribute methamphetamine, one count of possession with intent to distribute methamphetamine, one count of possession of a stolen firearm, and one count of being a felon in possession of a firearm. On March 17, 2017, LUCAS made his initial appearance in U.S. District Court in St. Paul, Minn.
According to the indictment and documents filed in state court, from 2009 through August 2016, LUCAS, operating from his residence in Isanti, Minn., sold and traded methamphetamine for stolen property and firearms.
According to the indictment and documents filed in state court, on August 8, 2016, law enforcement executed a search warrant for the property, which includes a house, two campers and several pole barns. As a result of the search, law enforcement officers recovered several stolen firearms, ammunition and more than $25,000 in stolen property.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the East Central Drug and Violent Offenders Task Force, with assistance from the Braham Police Department, Cambridge Police Department, Isanti Police Department, Isanti County Sheriff’s Office, and the Anoka Hennepin Drug Task Force.
This case is being prosecuted by Assistant United States Attorney David P. Steinkamp.
Defendant Information:
JEFFREY MARCUS LUCAS, 62
Isanti, Minn.
Charges:
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Conspiracy to Distribute Methamphetamine, 1 count
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Possession with Intent to Distribute Methamphetamine, 1 count
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Possession of Stolen Firearms, 1 count
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Felon in Possession of a Firearm, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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Houston-Area Registered Nurse Pleads Guilty to Conspiring to Defraud Medicare of More than $5 MillionRead the Press Release
A Houston-Area registered nurse pleaded guilty today for his role in a Medicare fraud scheme that resulted in losses to Medicare of more than $5 million.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Abe Martinez of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Dallas Regional Office, Special Agent in Charge D. Richard Goss of Internal Revenue Service Criminal Investigation’s (IRS-CI) Houston Field Office and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
Charles Esechie, 47, of Katy, Texas, pleaded guilty before U.S. District Judge Sim Lake of the Southern District of Texas to one count of conspiracy to commit health care fraud. Esechie is scheduled to be sentenced by Judge Lake on Aug. 17, 2017
According to the plea, from 2008 through 2015, Esechie worked as a nurse for both Harris County, Texas, Hospital District (Harris County) and Baptist Home Care Providers Inc. (Baptist), one of five Houston-area home healthcare agencies owned by Godwin Oriakhi. Esechie admitted that while he worked at Baptist, he knew that Oriakhi obtained Medicare patients by paying illegal kickback payments to patient recruiters for referring patients to Baptist for home healthcare services that Esechie knew were medically unnecessary and often not provided. Esechie also admitted that he knew that some of patients referred by the patient recruiters were homeless, and that many patients stayed at Baptist in order to receive kickbacks from Oriakhi rather than actual healthcare.
Additionally, Esechie admitted that he engaged in a scheme to defraud Medicare through the submission of fraudulent claims for home health care services. Esechie admitted that he completed Baptist’s Medicare documents while working full time as a Harris County nurse, often claiming that he was evaluating patients for Baptist at times when his Harris County employment records showed that he was across town working at a Harris County hospital. To accommodate his fulltime work schedule at Harris County and to avoid actually having to travel to the homes of Baptist’s patients for evaluations, Esechie admitted that he copied patient and medical information from templates created for him by Orikahi and Baptist’s office staff onto Baptist’s Medicare documents. Esechie also admitted that he saw patients in groups at the home of one of Oriakhi’s patient recruiters and conducted perfunctory examinations that lasted approximately five to 10 minutes, but overbilled Medicare for comprehensive examinations.
In total, Esechie admitted that he, Oriakhi and others submitted approximately $5,099,970 in fraudulent home healthcare claims to Medicare, and received approximately $4,792,199 on those claims.
To date, Jermaine Doleman, a patient recruiter, and Idia Oriakhi, Oriakhi’s daughter and the administrator of several of his home healthcare agencies, have pleaded guilty and are awaiting sentencing for their roles in the scheme. Godwin Oriakhi is charged with conspiracy, health care fraud, paying illegal kickbacks and money laundering offenses for his alleged role in the schemes and is scheduled for trial on April 11, 2017. All defendants are presumed innocent unless and until convicted beyond a reasonable doubt in a court of law.
The FBI, HHS-OIG, IRS-CI and MFCU investigated the case, which was brought by the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Texas. Senior Trial Attorney Jonathan T. Baum and Trial Attorneys Aleza S. Remis and William S.W. Chang of the Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 3,000 defendants who collectively have billed the Medicare program for over $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Houston Woman Admits to Accessing Computer of Former EmployerRead the Press Release
HOUSTON – A 54-year-old Houston resident has entered a guilty plea to accessing a protected computer without authorization, announced Acting U.S. Attorney Abe Martinez. Velvet Smith admitted she had accessed the password-protected website of Next Day Four Color (ND4C), her former employer, at least 20 times to steal information that she used to benefit a competitor.
Smith worked for ND4C for four years. Part of her duties included serving as ND4C’s office manager, in which she helped new employees create accounts for ND4C’s website and had access to their login credentials.
In approximately January 2015, she resigned from ND4C and started working for one of its competitors. She then repeatedly accessed ND4C’s password-protected website without authorization and obtained confidential information on pricing and client orders. Smith also intruded into ND4C’s password-protected website by using an employee’s login credentials without their knowledge or permission. As part of her plea today, she admitted this occurred approximately 20 times in 2016.
On one of those occasions, May 31, 2016, Smith used that employee’s credentials to intrude into ND4C’s website and view their client list. Smith sorted the list by location to focus on clients in Houston, Dallas and Louisiana, then sorted it by purchase size and downloaded the list. She subsequently combined this data with information about her then-employer’s existing customers. According to Smith, the combined list was used by her then-employer to send out promotional materials to at least 1,300 of ND4C’s clients.
Smith continued accessing ND4C’s website without authorization until at least July 2016.
According to information presented in court today, Smith accessed ND4C’s computers for the purpose of obtaining a commercial advantage and that her actions caused an actual loss of approximately $275,810.
Sentencing has been set for June 15, 2017, at which time Smith faces up to five years in federal prison and a $250,000 maximum fine.
The FBI Houston Area Cyber Task Force conducted the investigation. Assistant U.S. Attorney Michael Chu is prosecuting the case.
Hidalgo County Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – William Herman Legatzke, 47, of Animas, N.M., was sentenced today in federal court in Las Cruces, N.M., to 84 months in prison for his conviction on a methamphetamine trafficking charge. He will be on supervised release for five years after completing his prison sentence.
Legatzke was arrested on Jan. 5, 2016, on a federal criminal complaint charging him with possessing methamphetamine with intent to distribute. According to the criminal complaint, the charge arose out of the seizure of 12 ounces of methamphetamine from Legatzke by deputies of the Hidalgo County Sheriff’s Office during a routine traffic stop on Dec. 31, 2015, in Lordsburg, N.M.
On May 3, 2016, Legatzke pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Legatzke admitted that law enforcement officers found 340.2 grams of methamphetamine concealed in a box in the backseat of Legatzke’s vehicle during a traffic stop. Legatzke further admitted that he intended to distribute the methamphetamine to individuals in and around Lordsburg.
This case was investigated by the Las Cruces office of the DEA and the Hidalgo County Sheriff’s Office. Assistant U.S. Attorney Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Hartford Man Sentenced to 4 Years in Federal Prison for Distributing Heroin and FentanylRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOSEMANUEL RIOS, also known as “Jay,” 41, of Hartford, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 48 months of imprisonment, followed by three years of supervised release, for distributing heroin and fentanyl
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on February 25, 2016, a male and female overdosed at a motel in Enfield. The overdoses were not fatal. In the motel room, investigators found five wax folds that contained fentanyl. RIOS was identified as the source of the drugs ingested by the victims.
On February 26, 2016, a search of an East Hartford motel room that RIOS was renting revealed approximately 200 bags of fentanyl stamped with the same image found on the bags in the Enfield motel room, and 13 bags of heroin stamped with a different image.
RIOS has been detained since his arrest on February 26, 2016. On November 21, 2016, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute heroin and fentanyl.
This matter was investigated by the DEA’s New Haven Tactical Diversion Squad and the Enfield Police Department. The Tactical Diversion Squad includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe, Fairfield and Manchester Police Departments, and the Connecticut State Police. This case was prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Gang Leader Pleads Guilty to Racketeering, Money Laundering & Drug Charges; Admits Role in 4 MurdersRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JEFFREY BENTON, also known as “Tall Man” and “Fresh,” 32, of New Haven, pleaded guilty today in New Haven federal court to federal racketeering, drug trafficking and money laundering offenses, and admitted that he participated in four gang-related murders and one attempted murder.
According to court documents and statements made in court, in January 2014, ATF and the New Haven Police Department began “Operation Red Side” through a series of controlled narcotics purchases and firearms seizures. The investigation revealed that members and associates of the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang based in New Haven, were engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies. In addition to distributing crack cocaine and other narcotics in and around New Haven, the investigation indicated that members and associates of the RSGB, under the direction of BENTON and others, transported crack cocaine and heroin to Bangor, Maine, and sold the drugs in Bangor and its surrounding communities. The RSGB also traded narcotics for firearms, brought the firearms back to New Haven and distributed them to gang members.
BENTON was a leader of RSGB. In pleading guilty, he admitted his involvement in several acts of gang-related violence in New Haven, including the non-fatal shooting of an individual on February 23, 2011; the murder of Kevin Lee on April 20, 2011; the murder of Donell Allick on June 24, 2011; the murder of Darrick Cooper on September 19, 2011, and the murder of Donald Bolden on March 19, 2012.
BENTON also admitted his participation in the gang-related trafficking of crack cocaine in Connecticut and Maine, and the transferring drug proceeds from Maine to Connecticut by using Western Union.
“Jeffrey Benton was the leader of the Red Side Guerilla Brims, a savage and ruthless narcotics gang that terrorized New Haven in 2011 and 2012,” said U.S. Attorney Daly. “Benton and his RSGB gang members not only trafficked in crack cocaine and firearms from Connecticut to Maine, but far worse they were responsible for multiple homicides. Benton ordered three homicides and killed Donell Allick himself. We hope that his guilty plea today brings some small degree of solace to the victims’ families. This has been a difficult and demanding prosecution. I thank our law enforcement partners, particularly the ATF, New Haven Police Department and Hamden Police Department, for their excellent work in bringing justice to the many victims of this brutal gang, and for making New Haven a safer place to live.”
BENTON pleaded guilty to one count of engaging in a pattern of racketeering activity, which, because it involves the commission of murder, carries a maximum penalty of life in prison. He also pleaded guilty to one count of money laundering, which carries a maximum term of imprisonment of 20 years, and one count of conspiracy to distribute 280 grams or more of cocaine base (“crack cocaine”), which carries a mandatory minimum term of imprisonment of 10 years and a maximum penalty of life imprisonment.
BENTON is scheduled to sentenced by Chief U.S. District Judge Janet C. Hall on June 27, 2017.
If the binding plea agreement filed today is accepted by Chief Judge Hall, BENTON faces a sentence of between 360 months and 480 months of imprisonment. The government will argue in support of sentence of 480 months – or 40 years – of imprisonment.
BENTON has been in federal custody since May 17, 2012.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department. The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.
An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Robert Spector, Peter Markle and Jocelyn Kaoutzanis. A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.