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Thursday 26 January 2017
Utica Man Sentenced to Seven Years in Prison for Distributing, Receiving and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK - - Daniel Beal, 56, of Utica, New York, was sentenced today to serve seven (7) years in federal prison for distributing, receiving and possessing child pornography, announced United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent-in-Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Beal admitted that he distributed and received images of child pornography using a peer-to-peer file sharing program. A search of Beal’s business, Dacobe Enterprises, LLC, in July of 2015 led to the discovery of hundreds of videos depicting child pornography, including images and videos depicting the sexual assault of children as young as two years of age.
United States District Judge Brenda K. Sannes also imposed a fifteen (15) year term of supervised release, which will begin after Beal is released from prison. As a result of his conviction, Beal will be required to register as a sex offender upon his release from incarceration.
This case was investigated by the Federal Bureau of Investigation (FBI), and was prosecuted by Assistant United States Attorney Geoffrey J. L. Brown.
This case was prosecuted as 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/.
United States Attorney’s Office to Host Celebration Marking 50 Years of Service to the Central District of CaliforniaRead the Press Release
LOS ANGELES – The United States Attorney’s Office is hosting a reception on Friday, January 27 to commemorate the establishment 50 years ago of the United States Attorney’s Office for the Central District of California.
United States Attorney Eileen M. Decker will be joined by former United States Attorneys who have served as the chief federal law enforcement officer for the largest federal district in the nation, which is now made up of approximately 20 million residents.
KNBC news anchor Colleen Williams with be the master of ceremony at the celebration, which will be held tomorrow from 4:00 until 6:00 p.m. The event will be held in the atrium lobby of the new United States Courthouse at 350 West First Street in downtown Los Angeles.
The Central District of California was established in 1966 when the United States Congress divided what was then the Southern District into two separate districts. Shortly thereafter, the Department of Justice created the U.S. Attorney’s Office for the Central District of California.
The newly created Central District of California was based in Los Angeles, the new Southern District was based in San Diego. The Central District covers the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo.
Since its creation, the U.S. Attorney’s Office in Los Angeles has filed landmark cases and presented groundbreaking legal arguments aimed at protecting the public from criminal schemes and defending the United States when sued.
Thirteen of the former United States Attorneys who have overseen the office over the past decades are expected to attend the event. Many current Assistant United States Attorneys and many former federal prosecutors will also be in attendance.
“As we celebrate 50 years since the establishment of the United States Attorney’s Office for the Central District of California, we applaud the commitment to service made by every Assistant United States Attorney and staff member who has ever worked in our office,” said United States Attorney Eileen M. Decker. “Every member of this office has quietly and tirelessly worked to see that justice was served in our communities. In line with our long tradition and legacy, we will continue to work tirelessly to uphold the core principles of justice that we all hold dear as Americans.”
Union, Missouri Man Pleads Guilty to Impersonating a Federal AgentRead the Press Release
St. Louis, MO – Timothy Rossell, aka Timothy Rosselli, aka Austyn Gardner, aka Austyn Labella, of Union, Missouri, pled guilty to charges of impersonating a federal agent.
According to court documents, between January and October 2016, Rossell carried on romantic relationships with two women, one residing in Florida, the other in the Union, Missouri, area. Rossell represented himself to be a Deputy United States Marshal to both women. Both women lent him money, supported him emotionally and financially and applied for credit to purchase luxury sports cars, including a white Lamborghini for him.
On October 10, 2016, Rossell’s Missouri girlfriend discovered some suspicious paperwork and counterfeit United States Marshal service equipment, identification, badges and apparel. Rossell quickly left their shared residence and went to Illinois. His sports car became disabled in the vicinity of Effingham, Illinois, and he obtained a tow for his car and a ride to the local bus depot, while continuing to pose as a Deputy United States Marshal. He was arrested at the bus depot.
Rossell pled guilty to one felony count of impersonating an officer before United States District Judge Rodney W. Sippel. Sentencing has been set for April 27, 2017.
He now faces a maximum penalty of three years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the United States Marshals Service, with assistance from the Union (MO) Police Department and the Effingham (IL) Police Department. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
US Attorney’s Office to Review Applications for Compliance and Ethics MonitorRead the Press Release
Today, the Honorable Thelton E. Henderson imposed a sentence on Pacific Gas and Electric Company, following its six felony convictions last August. As part of that sentence, Judge Henderson ordered PG&E to be supervised by a Compliance and Ethics Monitor. The United States Attorney’s Office for the Northern District of California is in the process of reviewing candidates for this monitorship. If you would like to be considered for the position of Monitor, please send a letter to:
Brian J. Stretch
United States Attorney
Northern District of California
450 Golden Gate Ave, 11th floor
San Francisco, CA 94102If you have previously contacted this office regarding your interest to serve as a Monitor in this matter, you do not need to re-submit a letter.
Two dealers appear in court on federal drug chargesRead the Press Release
CHARLESTON, W.Va. – Two defendants appeared in federal court today on drug charges, announced United States Attorney Carol Casto. Keri Browning, 28, of Logan, was sentenced to a year and 11 months in federal prison for distribution of oxycodone. In a separate drug prosecution, Charles York Walker, Jr., 38, of Charleston, pleaded guilty to possession with intent to distribute heroin.
Browning admitted that on February 4, 2016, she sold oxycodone to a confidential informant working with law enforcement. The drug deal took place at Browning’s Rossmore Road residence in Logan.
In a separate prosecution, law enforcement arrested Walker pursuant to an arrest warrant on July 14, 2016, near the intersection of 2nd Avenue and Russell Street in Charleston. Through a search incident to that arrest, an officer found heroin in Walker’s pockets. Walker admitted that he intended to distribute the heroin. Walker faces up to 20 years in federal prison when he is sentenced on April 20, 2017.
The investigation of Browning was conducted by the United States Drug Enforcement Administration. Assistant United States Attorney John J. Frail is in charge of Browning’s prosecution. The Metropolitan Drug Enforcement Network Team conducted the investigation of Walker. Assistant United States Attorney Clint Carte is responsible for the prosecution of Walker. The defendants appeared before United States District Judge Joseph R. Goodwin.
These prosecutions are 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 pills and heroin in communities across the Southern District.
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Two Syracuse Men Arrested on Federal Drug ChargesRead the Press Release
SYRACUSE, NEW YORK, Saladin Hadid, 37, and Cory Ogletree, 43, of Syracuse, were arrested last night and charged with conspiracy to possess with intent to distribute and distribution of 500 grams or more of cocaine, announced United States Attorney Richard S. Hartunian and United States Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt.
Both Saladin Hadid and Cory Ogletree appeared today in federal court in Syracuse to make their initial appearances before United States Magistrate Judge Andrew T. Baxter and were ordered held without bail, pending a detention hearing scheduled for January 31, 2017. The criminal complaint filed in federal court alleges that from October 2016 through January 25, 2017, Hadid and Ogletree conspired to possess with intent to distribute and distributed in excess of 500grams (approximately one pound) of cocaine. The complaint also alleges that during searches yesterday, law enforcement officers seized in excess of 500 grams of cocaine and over $250,000.00 in U.S. currency.
The charges filed against Hadid and Ogletree carry a minimum sentence of five (5) years and a maximum sentence of up to forty (40) years in prison, a fine of up to $5 million dollars, and a term of supervised release of at least 4 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. The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.
This case is being investigated by The United States Drug Enforcement Administration (DEA), and is being prosecuted by Assistant U.S. Attorney Carla Freedman.
Tulsa Man Pleads Guilty to Possessing LSD with Intent to DistributeRead the Press Release
TULSA, Okla.— Thomas Heath Davis, 37, pled guilty to possession of lysergic acid diethylamide (LSD) with intent to distribute, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. Chief United States District Court Judge Gregory K. Frizzell will sentence Davis on May 1, 2017.
On September 14, 2016, Tulsa Police Department’s (TPD) Special Investigations Division executed a search warrant on the Davis residence. TPD officers found hundreds of dosage units of LSD in the bedroom. According to the Drug Enforcement Administration’s (DEA) website, “LSD is a potent hallucinogen that has a high potential for abuse, but currently has no accepted medical use in treatment in the United States.”
TPD officers also found approximately $21,000, numerous firearms, three working digital scales, large quantities of plastic baggies, a vacuum sealer, and a money counter. Davis attempted to flee the jurisdiction and failed to appear in court on January 5, 2017. He was quickly apprehended the next day by TPD officers and deputies with the United States Marshals Service (USMS).
Davis faces a maximum sentence of twenty years of imprisonment, a $1,000,000 fine, and at least three years of supervised release following a sentence of imprisonment.
This case was investigated by the Tulsa Police Department’s Special Investigations Division, DEA, USMS, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Neal C. Hong
Thug Relations Gang Members Sentenced to Life in PrisonRead the Press Release
Three members of the Thug Relations street gang were sentenced today to life in prison for their roles in multiple murders and robberies, in addition to other crimes related to their criminal enterprise.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; U.S. Attorney Dana J. Boente of the Eastern District of Virginia; Special Agent in Charge Martin Culbreth of FBI’s Norfolk Field Office; and Chief of Police Richard Myers of the Newport News Police Department made the announcement.
Brothers Eric Pridgen, aka “Rabbit,” 33, and Herbert Pridgen, aka “Bok,” 29, along with co-conspirator Maurice McClain, 33, all of Newport News, Virginia, were convicted by a federal jury of four VICAR murders, Hobbs Act robbery violations, felon in possession charges and use of a firearm resulting in murder. Today’s sentences were imposed by U.S. District Judge Raymond A. Jackson of the Eastern District of Virginia.
According to court documents and evidence presented at trial, Thug Relations was a Virginia-area criminal organization whose members and associates engaged in acts of violence, including five murders, numerous drug robberies and shootings. The jury convicted the three defendants of racketeering conspiracy with special verdicts on four separate murders.
Three other defendants, Douglas Ashby, Robbie Bowles and Antonio Johnson were charged in the same indictment, but pleaded guilty prior to trial.
Special Assistant U.S. Attorney Yvonne A. Garcia of the Criminal Division’s Organized Crime and Gang Section and Managing Assistant U.S. Attorney Howard J. Zlotnick, Assistant U.S. Attorneys Lisa R. McKeel and Brian J. Samuels of the Eastern District of Virginia prosecuted the case.
Thug Relations Gang Members Sentenced to Life in PrisonRead the Press Release
NEWPORT NEWS, Va. – Two brothers who were members of the local street gang “Thug Relations” were sentenced today to life in prison, respectively, for their roles in multiple murders and robberies, in addition to other crimes related to their criminal enterprise.
Eric Pridgen, aka “Rabbit’, 33, and Herbert Pridgen, aka “Bok”, 29, both of Newport News, along with co-conspirator Maurice McClain, 33, also of Newport News, were convicted by a federal jury of four VICAR murders, Hobbs Act robbery violations, felon in possession charges and use of a firearm resulting in murder. One of the felon in possession charges related to the murder of an innocent woman, Gale Perch, who was killed on Nov. 15, 2009, as she was in a car with the intended murder victim.
According to court documents and evidence presented at trial, “Thug Relations” was a criminal organization whose members and associates engaged in acts of violence, including five murders, numerous drug robberies and shootings. The jury convicted the three defendants of racketeering conspiracy with special verdicts on four separate murders; the murder of Aaron Sumler, on July 5, 2007; Lafayette Bailey on Dec. 15, 2009; Lloyd Robinson on Jan. 9, 2010; and Dominque Wharton on March 16, 2010.
Name, Age, Hometown
Charges Convicted of
Sentencing Information
Eric Pridgen, 33,
Newport News
Racketeering conspiracy, (including the murders of Lafayette Bailey, Lloyd Robinson and Dominque Wharton); multiple robberies; murder in aid of racketeering; use, carry, discharge of firearm resulting in murder, felon in possession of firearm and ammunition, conspiracy to interfere with commerce by robbery, and interference with commerce by robbery.
Sentenced today to four consecutive life sentences
Hebert Pridgen, 29, Newport News
Racketeering conspiracy, (including the murders of Lafayette Bailey, and Lloyd Robinson, felon in possession of a firearm and ammunition, conspiracy to interfere with commerce by robbery, interference with commerce by robbery, murder in aid of racketeering, and, use, carry and discharge a firearm during a crime of violence resulting in murder.
Sentenced today to two consecutive life sentences
Maurice McLain, 33, Newport News
Racketeering conspiracy, including the murder of Aaron Sumler.
Sentencing February 16
Robbie Bowles, 31, Newport News
Pleaded guilty to racketeering conspiracy on Nov. 16, 2015. Admitted his participation in the racketeering conspiracy and his involvement in the murder of Aaron Sumler.
Sentenced on May 3, 2016, to 25 years
Antonio Johnson, 30, Newport News
Pleaded guilty on Feb. 11, 2016, to using, carrying and discharging a firearm during and in relation to a crime of violence resulting in the murder of Lafayette Bailey.
Sentenced on May 10, 2016, to 20 years
Douglas Ashby, 30, Newport News
Pleaded guilty to racketeering conspiracy on Nov. 12, 2015. Admitted his participation in the racketeering conspiracy and his involvement in the murders of Aaron Sumler and Lloyd Robinson.
Sentenced March 16, 2016, to 34 years
Three other defendants, Douglas Ashby, Robbie Bowles and Antonio Johnson were charged in the same indictment, but pleaded guilty prior to trial.
Eric and Herbert Pridgen faced a mandatory life sentence following their convictions on the murder in aid of racketeering charges. Maurice Mclain faces a maximum penalty of up to life in prison based on the special verdict form returned regarding the murder of Aaron Sumler. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Acting Assistant Attorney General David Bitkower of the Justice Department’s Criminal Division; Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; and Richard Myers, Chief of Police, Newport News Police Department, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Managing Assistant U.S. Attorney Howard J. Zlotnick, Assistant U.S. Attorneys Lisa R. McKeel and Brian J. Samuels, and Special Assistant U.S. Attorney Yvonne A. Garcia of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:14-cr-59.
Three Men Charged in Nine Count Superseding Indictment for Violations of Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced today a federal grand jury handed down a third superseding indictment charging three men with nine counts of firearms charges. NOLAN CASON, 26, of New Orleans, was charged with two counts of possession of a firearm and one count of possession of ammunition by a convicted felon. QUINTON COOKS, 35, of California, was charged with two counts of possession of a firearm after a domestic violence conviction. TERRANCE MORGAN, 24, of New Orleans, was charged with four counts of possession of a firearm by a convicted felon.
If convicted, CASON, COOKS, and MORGAN each face a maximum sentence of 10 years of imprisonment, up to a $250,000.00 fine, and up to 3 years supervised release for each count.
Mr. Polite also wishes to thank the Bureau of Alcohol, Tobacco, Firearms, and Explosive and the Drug Enforcement Agency for investigating these crimes. Assistant United States Attorneys Maria Carboni and Matthew Payne are prosecuting the matter.
Three Defendants Sentenced in Real Estate Fraud CaseRead the Press Release
KANSAS CITY, KAN. – Three defendants were sentenced Tuesday for taking part in a real estate fraud scheme in which developers borrowed to build townhomes at Table Rock Lake, U.S. Attorney Tom Beall said today.
David P. Drake, 67, Lone Tree, Colo., was sentenced to 5 years in federal prison.
Donald D. Snider, 57, Littleton, Colo., was sentenced to 5 years in federal prison.
Heather A. Gibbs, 54, Donald Snider’s wife, was sentenced three years on probation.
Drake and Snider pleaded guilty to one count of conspiracy to commit bank fraud and one count of conspiracy to commit money laundering. In their pleas, Drake and Snider admitted they were business partners in a company called Western Site Services that set out to develop land in a project known as Indian Ridge Resorts. They made false representations in order to obtain financing from three banks including Columbian Bank and Trust.
In her plea, Gibbs admitted she knew that the developers submitted fraudulent invoices to the banks and she did not report the crime.
Beall commended the Federal Deposit Insurance Corporation - OIG, the Internal Revenue Service, the U.S. Secret Service and Assistant U.S. Attorney Chris Oakley for their work on the case.
Three Charged in Millville Gun Shop RobberyRead the Press Release
United States Attorney Andrew M. Luger announced an indictment charging ALEX BOYD, 38, SASAH MARIE ERDNER, 30, and TRINITY JAMES WICKA, 19, with stealing and attempting to sell approximately 75 guns. BOYD, who is a convicted felon, was also charged with illegally possessing a firearm. The indictment was unsealed yesterday in U.S. District Court in Minneapolis, Minn.
“This was one of the largest Minnesota gun shop burglaries we’ve seen in the past few years,” said James Modzelewski, ATF Special Agent in Charge. “Although we’ve been able to identify folks involved in the robbery and have recovered some of the stolen firearms, there are still a number of guns left to recover. Anyone with information regarding the remaining firearms is encouraged to reach out to ATF or local authorities. It’s been a pleasure to work with the Wabasha County Sheriff’s Office, Winona County Sheriff’s Office, the Winona Police Department and the Winona County Attorney’s office, and we look forward to continuing our partnership with them.”
According to the indictment and documents filed in court, on September 1, 2016, WICKA and others met and decided to rob the Millville Rod and Gun Shop in Millville, Minn. Early the next morning, WICKA and two of his associates robbed the gun shop by kicking in the door and breaking into glass display cases. They stole approximately 75 firearms, most of which were handguns.
According to the indictment, on the evening of September 2, 2016, BOYD and three other individuals committed two aggravated robberies in Winona, Minn., while in possession of stolen guns from the Millville Rod and Gun Shop.
According to the indictment, on September 16, 2016, a juvenile male was found in possession of 15 handguns that had all been stolen during the Millville Gun Shop burglary.
This case is the result of an investigation conducted by U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Wabasha County Sheriff’s Office, Winona County Sheriff’s Office, Winona Police Department, and the Winona County Attorney’s Office.
Assistant U.S. Attorney David Steinkamp is prosecuting the case.
Defendant Information:ALEX BOYD, 38
UnknownCharges:
• Conspiracy to possess and distribute stolen firearms, 1 count
• Possession of stolen firearms, 1 count
• Felon in possession of a firearm, 1 countSASHA MARIE ERDNER, 30
UnknownCharges:
• Conspiracy to possess and distribute stolen firearms, 1 count
• Possession of stolen firearms, 1 countTRINITY JAMES WICKA, 19
Winona, Minn.Charges:
• Conspiracy to possess and distribute stolen firearms, 1 count
• Possession of stolen firearms, 1 countTexas man pleads guilty to distributing methamphetamine in Louisiana, TexasRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that a Texas man pleaded guilty Tuesday to selling methamphetamine in Louisiana and Texas.
Adam Micah Baltutis, 31, of Beaumont, Texas, pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of possession with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, a law enforcement officer conducted a traffic stop January 5, 2016 on a vehicle traveling continually in the passing lane on Interstate 10. The officer conducted a search of the vehicle, and while looking for registration and insurance papers, found a lockbox containing methamphetamine along with two cell phones. One of the cell phones belonged to the defendant. The defendant told law enforcement agents the next day that he had been dealing methamphetamine since December of 2015 and selling it in Orange, Texas, and the Lake Charles area. The Southwest Louisiana Criminalistics Laboratory determined the methamphetamine seized from the car to have an approximate weight of 418 grams.
Baltutis faces five to 40 years in prison, at least four years of supervised release and a $5 million fine. The court set a sentencing date of April 21, 2017.
Homeland Security Investigations and the Calcasieu Parish Combined Anti-Drug Team conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel is prosecuting the case.
Tampa Man Charged with Wire Fraud for Masterminding an Investment Fraud Scam While on Federal Supervised ReleaseRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Anthony J. Klatch, II (35, previously of Tampa) with one count of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to court documents, in or around 2011, Klatch pleaded guilty to federal charges of conspiracy, securities fraud, wire fraud, and money laundering in the Southern District of Alabama. After his release from federal prison in December 2014, Klatch began serving a term of supervised release in Tampa.
While on supervised release, Klatch directed the establishment of and controlled a company called Assurance Capital Management, LLC (“ACM”) and maintained a bank account at Chase Bank opened in the name of ACM. Between June and September 2015, Klatch used ACM to represent to investors and potential investors that ACM was a company with over $18 million in client assets under management and that ACM and those working for ACM engaged in profitable online stock trading on behalf of its investors. In truth, ACM was a shell company used by Klatch to induce and defraud investors.
In executing his scheme, Klatch would often disguise his true identity and tell investors that his name was “Larry Heim,” ACM’s fund manager. Klatch, often posing as “Larry Heim,” provided investors and potential investors false and fraudulent financial statements and other investment materials showing that ACM was profitable and had more than $18 million in online trading accounts and that its funds were profitably traded. In reality, ACM had few if any funds “under management,” and the funds ACM did have were either lost by Klatch during trading or used by him for personal expenditures. Klatch obtained funds from investors by directing them to wire funds to the ACM account at Chase Bank so those funds could be invested and/or traded. Klatch also directed investors to provide him with the access information for their online trading accounts, such as user name and password, so that he, often posing as “Larry Heim,” could trade those accounts on behalf of the investors. At no time during the scheme did Klatch tell his investors and potential investors that he had prior federal criminal convictions for conspiracy, securities fraud, wire fraud, and money laundering, or that he was banned by the Commodities Futures Trading Commission (CFTC) and the Securities Exchange Commission from trading in these markets.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation with the assistance from the CFTC. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
Stockton Woman Pleads Guilty to Bank Fraud, Mail Fraud and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — Patricia Ramona Vasquez, 37, of Stockton, pleaded guilty today to bank fraud, aggravated identity theft, and mail fraud, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between February 3, 2016, and July 7, 2016, Vasquez targeted a victim with the same last name and obtained the victim’s mail to obtain documents and information to steal her identity. Vasquez created an email address for her new identity. On April 4, 2016, Vasquez entered a DMV branch in Sacramento and claimed her California driver’s license was lost or stolen. In doing so, Vasquez obtained a genuine driver’s license with her own picture and the victim’s personal identifying information. On April 15, 2016, Vasquez used the false identity to purchase a Nissan Altima from an auto dealership in Stockton. At the victim’s and creditors expense, Vasquez obtained a car loan from Well Fargo Bank for $16,703. On May 20, 2016, Vasquez opened accounts at Golden 1 Credit Union in Stockton using her phony California driver’s license number, the victim’s SSN, date of birth, true residence address, and signature. After opening the credit union accounts, Vasquez deposited stolen and altered checks in her scheme to obtain cash.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “We are working closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those responsible for complex identity theft and mail fraud schemes.”
This case is a product of an investigation by the U.S. Postal Inspection Service with assistance from the Stockton Police Department. Assistant U.S. Attorney Michelle Rodriguez is prosecuting the case.
Vasquez is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on April 27, 2017. Vasquez faces a maximum statutory penalty of 30 years in prison and a $1 million fine for bank fraud; 20 years in prison and a $250,000 fine for mail fraud, and a mandatory two-year prison term to be served consecutively to any other sentence for the aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Sentencings for January 19 - January 25, 2017Read the Press Release
Pedro Hernandez-Perez, 48, of Guatemala, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 25, 2017, for illegal re-entry of a previously deported alien into the United States. Hernandez-Perez was arrested in Casper, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subjection to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Joshua Miller, 37, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 23, 2017, for possession of a firearm by a person convicted of domestic violence and for possession of a stolen firearm. Miller was arrested in Cheyenne, Wyoming. He received 70 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and $400.00 in restitution. This case was investigated by the Laramie County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justin Dvorak, 30, of Bar Nunn, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 20, 2017, for conspiracy to distribute heroin. Dvorak was arrested in Casper, Wyoming. He received 24 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Darrell Demas, 27, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 20, 2017, for conspiracy to distribute heroin. Demas was arrested in Cheyenne, Wyoming. He received 48 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and $500.00 in restitution. This case was investigated by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Justin Dix, 36, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 20, 2017, for conspiracy to distribute heroin. Dix received 48 months of imprisonment, to be followed
by three years of supervised release, and was ordered to pay a $100.00 special assessment and $400.00 in restitution. This case was investigated by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration.
Russell Black, 20, of Torrington, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 19, 2017, for counterfeiting. Black was arrested in Fort Collins, Colorado. He received six days of imprisonment, to be followed by two years of supervised release, and was ordered to pay a $100.00 special assessment and $800.00 in restitution. This case was investigated by the U.S. Secret Service.
Kilburn Troy Timbana, 31, of Arapahoe, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on January 19, 2017, for assault with a dangerous weapon with intent to do bodily harm. Timbana was arrested in Arapahoe, Wyoming. He received 36 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and $463.73 in restitution. This case was investigated by the Federal Bureau of Investigation.
Seng Xiong Convicted After Trial of Defrauding Hmong EldersRead the Press Release
United States Attorney Andrew M. Luger today announced the conviction of SENG XIONG, 49, for operating an affinity scheme targeting Hmong elders. After a trial lasting more than two weeks, the jury verdict was returned in approximately two hours. A sentencing date has not been set.
“Seng Xiong took the Hmong people’s tragic history of war and displacement and manipulated that for his own benefit,” said Assistant United States Attorney Amber Brennan. “We hope today’s verdict sends a message that the United States will protect those who have been defrauded. We’d especially like to thank the dedicated officers of the Saint Paul Police Department who serve the largest population of Hmong immigrants in the United States.”
As proven at trial, XIONG conducted a fraud scheme through his organization “Hmong Tebchaws,” in which Hmong elders were directed to deposit $3,000 to $5,000 into a bank account held in the name of SENG XIONG. In exchange for the payments, victims were promised 10 acres of land, a house, and many other benefits in a future country that would be established as a Hmong homeland somewhere in Southeast Asia.
As proven at trial, XIONG claimed to be working with the White House and United Nations to establish the new Hmong country. He also claimed that a piece of land had already been set aside for the Hmong people somewhere in Southeast Asia.
As proven at trial, XIONG offered several “investment” options which purported to represent varying levels of return that “founders” would be able to receive on their investment in the new country. Investments between $3,000 and $5,000 would guarantee the “investor” and his or her future generations, land, a house, free healthcare, free education, and government financial assistance for people over 65 years of age, as well as a return on that investment equal to a percentage of the income generated by the new Hmong country. Those who could not afford the $3,000 - $5,000 “founders” option could pay $20 per month, or $240 per year. This lesser investment would secure a spot in the new Hmong country along with some of the benefits.
If you or someone you know could be a victim, please contact the Minnesota Financial Crimes Task Force by sending an email to [email protected].
This case is the result of an investigation conducted by the Saint Paul Police Department, United States Secret Service, Federal Bureau of Investigation, Minnesota Financial Crimes Task Force, and Appleton Police Department.
Special assistance was provided by the United States Attorney’s Offices for the Eastern District of California.
This case is being prosecuted by Assistant United States Attorneys Amber M. Brennan and Surya Saxena.
Defendant Information:SENG XIONG, 49
Maplewood, Minn.Convicted:
• Wire fraud, 1 count
• Mail fraud, 1 countPrince George’s County Drug Dealers Exiled to Federal Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Delonte Gregory Parker, age 25, of Laurel, Maryland, late on January 25, 2017, to 90 months in prison, followed by four years of supervised release, for a heroin distribution conspiracy, and for possession of a firearm and ammunition by a convicted felon. On January 23, 2017, Judge Grimm sentenced co-defendant, John Gates, age 31, also of Laurel, to 100 months in prison, followed by four years of supervised release. Judge Grimm also entered an order requiring Parker and Gates to forfeit $70,000, the proceeds from the drug conspiracy.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief Henry P. Stawinski of the Prince George’s County Police Department.
According to their plea agreements, from January 2015 through August 24, 2015, Parker and Gates conspired with Thomas Hancock, Paul Fredericks, and Dwight Leo Dent to distribute heroin. Hancock supplied heroin to Fredericks, who distributed it to Parker and Gates. Parker and Gates then sold the heroin to drug users. Dent obtained heroin from Parker and others, which he also distributed to drug users.
During the investigation law enforcement intercepted thousands of phone called between the defendants and others, during which they discussed the distribution of heroin. For example, Parker and Gates were overheard arranging to purchase 100 grams of heroin from Fredericks during a call on June 24, 2015. In addition, during the course of the conspiracy, ATF confidential sources made purchases of heroin from both Parker and Gates.
On August 24, 2015, law enforcement executed search warrants at the defendants’ residences, as well as other locations associated with the conspiracy. At the apartment where Parker, Gates and Dent resided law enforcement recovered drugs and guns. Specifically, from Parker’s bedroom law enforcement recovered heroin, cocaine, drug paraphernalia, a .357 caliber handgun loaded with 29 rounds in an extended magazine, as well as 19 additional rounds of .357 caliber ammunition. Law enforcement also recovered cocaine and drug paraphernalia from Gates’ bedroom, as well as a loaded .40 caliber handgun. Parker and Gates had previous felony convictions and were prohibited from possessing firearms or ammunition. At the time of their arrests, Parker was on probation for a 2014 conviction for second degree assault in Prince George’s County Circuit Court, and Gates was on supervised release from a 2010 federal drug conviction.
Thomas Hancock, age 34, of Washington, D.C.; Paul Fredericks, a/k/a Duke, age 39, of District Heights, Maryland; and Dwight Leo Dent, a/k/a Pablo, age 24, of Laurel, pleaded guilty to their participation in the conspiracy. Hancock and Dent were sentenced to 100 months in prison and 7 years in prison, respectively. Fredericks is scheduled to be sentenced on January 27, 2017.
United States Attorney Rod J. Rosenstein commended the ATF, DEA, and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Nicolas A. Mitchell and Daniel C. Gardner, who prosecuted the case.
Portland Featured in Department of Justice Report on Community PolicingRead the Press Release
PORTLAND, Ore. – On Thursday, January 12, 2017, the City of Portland was featured in a report released by the Justice Department highlighting Former Attorney General Loretta E. Lynch’s twelve-city Community Policing Tour in 2016 as well as the department’s four Regional Justice Forums. The “Attorney General’s Community Policing Report” summarizes steps taken by the department to build stronger relationships and mutual trust among communities and law enforcement agencies.
“This document is not meant to be a comprehensive, step-by-step guide, but, rather, a useful blueprint—a window into what citizens across the nation are doing to build stronger bonds between police and the people they serve,” said Former Attorney General Lynch. “I hope that this report will help inspire ideas and foster cooperation in communities from coast to coast—so that, together, we can continue our work toward a stronger, a safer, and a more united nation.”
“We were honored to have Former Attorney General Lynch visit Portland so we could share with her and with the rest of the country, the extraordinary work members of the Portland Police Bureau perform every day,” said Billy J. Williams, United States Attorney for the District of Oregon. “Often, these daily efforts go unrecognized and we need to change that. Police officers are the face of justice in our community,” continued U.S. Attorney Williams, “and one of our highest callings in the U.S. Attorney’s Office is to promote and strengthen trust in our community for law enforcement and for the justice system.”
During the Community Policing Tour, Former Attorney General Lynch visited 12 jurisdictions in two phases. Phase I focused on jurisdictions that had addressed difficult histories of mistrust between communities and law enforcement through strong collaboration and innovation. During this phase, the Former Attorney General traveled to Cincinnati, Ohio; Birmingham, Alabama; East Haven, Connecticut; Pittsburgh, Pennsylvania; Seattle, Washington; and Richmond, California. Phase II highlighted cities that had made outstanding progress implementing the six key pillars identified in the Final Report of the President’s Task Force on 21st Century Policing. During this phase, the Former Attorney General visited Miami/Doral, Florida; Portland, Oregon ; Indianapolis, Indiana; Fayetteville, North Carolina; Phoenix, Arizona; and Los Angeles, California, with each site focusing on one of the report’s pillars.
In the wake of the horrific tragedies of the summer of 2016 in Baton Rouge, Louisiana; Dallas, Texas; and St. Paul, Minnesota, the Former Attorney General and current Acting Attorney General Sally Q. Yates convened a series of Regional Justice Forums with members of the local law enforcement, youth, faith, non-profit and civil rights communities. These meetings were designed to help local stakeholders critically examine community policing issues in their respective cities and regions and to seek concrete solutions together. The Former Attorney General convened Justice Forums in Detroit, Michigan and Newark, New Jersey. The Acting Attorney General hosted forums in Denver, Colorado, and Atlanta, Georgia.
This report chronicling the community policing work of the Department of Justice highlights innovative local approaches to policing that help foster stronger ties between officers and the people they are sworn to serve and protect. The document is meant to serve as a tool for communities and law enforcement agencies seeking to deepen their own commitment to community policing principles and practices.
The U.S. Attorney’s Office in Oregon is committed to supporting communities throughout the state as they work to build strong relationships between law enforcement agencies and the citizens they serve. A recent example was an event called Building Bridges of Understanding in our Communities co-hosted by the U.S. Attorney’s Office and the Muslim Educational Trust (MET). Please visit https://youtu.be/Y9tudt8vUKE to view a short video of this event. To learn more about the District of Oregon’s community outreach efforts, please contact Suzanne Hayden, Assistant United States Attorney for the District of Oregon, at [email protected].
Pojoaque Pueblo Man Sentenced to Twenty Years in Prison for Conviction on Federal Assault and Firearms ChargesRead the Press Release
ALBUQUERQUE – Gerald James Viarrial, 54, a member of Pojoaque Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court to 240 months in prison followed by five years of supervised release for his conviction on assault and firearms. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services, and Chief Frank Rael of the Pojoaque Pueblo Tribal Police Department.
Viarrial was arrested in Jan. 2015, and charged with assault, firearms and child abuse offenses in a seven-count indictment filed on Jan. 21, 2015. The indictment charged Viarrial with assaulting a female and two minors with a firearm; assaulting one of the minors by strangulation, causing him to suffer serious bodily injury; committing child abuse; and brandishing a firearm during a crime of violence. The indictment charged Viarrial with committing six of the seven crimes in Indian Country in Santa Fe County on a date between July 15, 2010 and Aug. 15, 2010, and committing the assault resulting in serious bodily injury occurred on March 24, 2014. The female victim was Viarrial’s former intimate partner and the mother of his children (the “mother”).
Law enforcement authorities first learned about Viarrial’s criminal conduct on March 24, 2014, when they received a verbal report of child abuse from a social service provider. The report indicated that a teenager, one of the minor male victims, had requested help to keep his mother, his siblings and himself safe from abuse from Viarrial. Upon receipt of that report, the BIA and Pojoaque Pueblo Tribal Police Department initiated an investigation which resulted in the filing of tribal charges against Viarrial on March 31, 2014, and subsequently, the filing of federal charges against Viarrial. The related tribal court charges against Viarrial were dismissed in favor of federal prosecution.
On Dec. 16, 2015, a federal jury returned a verdict finding Viarrial guilty on all four assault charges and the firearms charge after a three-day trial. The United States dismissed one of the child abuse charges before the case was submitted to the jury, and the jury acquitted Viarrial on the second child abuse charge.
During the trial, the mother testified that in Aug. 2010, Viarrial forced her and her seven children to accompany him to a shooting range located in Pojoaque Pueblo. Upon their return to their home, Viarrial became enraged when he could not locate keys for one of his vehicles. He angrily blamed the children for losing the keys, and forced the mother and the children back to the shooting range to search for the keys. When they were unable to find the keys, Viarrial ordered the mother and children to line up and paced in front of them, firearm in hand, as he yelled at them. The mother testified that Viarrial raised the handgun and pointed it at the two oldest children, who were then 11 and 13 years old, and threatened to kill them for being “worthless.” The mother observed this while holding her six-month old infant and thinking that Viarrial was going to kill all of them. At that point, Viarrial became distracted by a telephone call and eventually permitted the mother and children to return home.
The mother and two minor male victims, who also testified about the Aug. 2010 ordeal, testified that they were too scared of Viarrial to report the assault. The eldest of the two minor male victims testified that on March 23, 2014, he reported Viarrial’s continuing abusive behavior to the director of the Pojoaque Pueblo Social Services. The teenager told the director that he was worried about what Viarrial might do if he contacted law enforcement authorities. The day after the teenager reported Viarrial’s abusive behavior, Viarrial assaulted him by strangling him. Several witnesses witnessed the assault during which Viarrial told the teenager, “if you ever tell the police what I do, I will kill you.”
Viarrial testified in his own defense, and denied assaulting the mother and children in Aug. 2010. He also denied assaulting the teenager in March 2014.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department.
The case was prosecuted by Assistant U.S. Attorneys Kyle T. Nayback and Novaline D. Wilson pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
PG&E Ordered to Develop Compliance and Ethics Program as Part of Its Sentence for Engaging in Criminal ConductRead the Press Release
SAN FRANCISCO— Pacific Gas and Electric Company (“PG&E”) was sentenced today to submit to an expansive program of probation after having been found guilty of multiple willful violations of the Natural Gas Pipeline Safety Act of 1968 (“PSA”) and obstructing an agency proceeding, announced U.S. Attorney Brian J. Stretch, San Mateo County District Attorney Stephen M. Wagstaffe, U.S. Department of Transportation Office of Inspector General Special Agent in Charge William Swallow, and FBI Special Agent in Charge John F. Bennett. Among the provisions included in the program of probation issued by the Honorable Thelton E. Henderson, District Judge, are the obligation to submit to a corporate compliance and ethics monitorship, the obligation to complete 10,000 hours of community service, and the requirement to spend up to $3 million to inform the public in print advertisements and television commercials to notify the public of the utility’s criminal and neglectful behavior.
On August 9, 2016, after a 5 ½ week trial, a federal jury found PG&E guilty of multiple willful violations of the PSA and obstructing an agency proceeding. The PSA-related charges stem from PG&E’s record keeping and pipeline “integrity management” practices and were uncovered in the course of the San Bruno investigation. The obstruction charge was added after investigators discovered PG&E attempted to mislead the National Transportation Safety Board (NTSB) during its investigation. The evidence at trial demonstrated that, between 2007 and 2010, PG&E willfully failed to address recordkeeping deficiencies concerning its larger natural gas pipelines knowing that its records were inaccurate or incomplete. The evidence further demonstrated that PG&E willfully failed to identify threats to its larger natural gas pipelines and to take appropriate actions to investigate the seriousness of threats to pipelines when they were identified. In addition, PG&E willfully failed to adequately prioritize as high risk and properly assess threatened pipelines after they were over pressurized, as the PSA and its regulations required. These charges were filed in an indictment on April 1, 2014. In finding PG&E guilty, the jury concluded the company knowingly and willfully violated the PSA and its regulations between 2007 and 2010. The jury found PG&E guilty of six felony counts—five willful violations of the PSA and one count of corruptly obstructing the federal investigation into the 2010 fatal pipeline explosion in San Bruno, in violation of 18 U.S.C. § 1505. The jury acquitted PG&E of an additional six alleged violations of the PSA.
The charge of obstructing an agency proceeding was included in a superseding indictment filed July 29, 2014. The evidence at trial demonstrated that during the course of the NTSB’s investigation, PG&E provided a version of a policy outlining the way in which PG&E addressed manufacturing threats on its pipelines, and then sought to withdraw the document. According to PG&E’s letter, the policy was produced in error and was an unapproved draft. In finding PG&E guilty of obstructing an agency proceeding, the jury concluded PG&E intentionally and corruptly tried to influence, obstruct, or impede the NTSB investigation, in violation of 18 U.S.C. § 1505.
“Today, the Pacific Gas and Electric Company was sentenced for its crimes after having been found guilty of violating federal regulations designed to keep our citizens safe and obstructing an agency proceeding,” said U.S. Attorney Stretch. “As a part of the sentence, the court has imposed upon PG&E a monitor to ensure the company’s future compliance with the rules and regulations the company has chosen in the past to flaunt. As we know from the horrible explosion in San Bruno in 2010, the failure of PG&E to deliver gas safely can have devastating consequences that no amount of fines and no monetary penalties can ever remedy. While the conviction and sentence in this case will not bring back those who were lost on September 9, 2010, or eliminate the suffering of their surviving family members, it does take necessary steps toward ensuring PG&E will never again engage in this type of criminal behavior that puts all of its customers at substantial risk. I would like to acknowledge the many public servants—including the men and women of this office, the California Attorney General’s Office, the San Mateo County District Attorney’s Office, the San Bruno Police Department, the Federal Bureau of Investigation, and the U.S. Department of Transportation Office of Inspector General—whose hard work uncovered PG&E’s violations of the law and the company’s efforts to obstruct the investigation. We are gratified that the verdicts and sentence memorialize PG&E’s criminal conduct.”
“Today’s sentencing of PG&E makes clear the solemn obligation that those entrusted with the public’s safety must make it their highest priority,” said William Swallow, regional Special Agent-in-Charge, USDOT OIG. “The pipeline system is a critical part of our Nation’s infrastructure, and working with our Federal, state and local law enforcement and prosecutorial colleagues, we will continue to protect the safety and integrity of our transportation infrastructure from fraud, waste, abuse and violations of law.”
“The residents of San Mateo County are indebted to the public servants of the Office of the United States Attorney,” said District Attorney Wagstaffe. “We are very thankful for their hard work and perseverance without which we would not have seen such a successful conclusion to this case.”
"The FBI San Francisco Division echoes the sentiments of our law enforcement and prosecutorial partners. PG&E demonstrated a lack of concern and irresponsibility to our community,” said FBI San Francisco Special Agent in Charge Jack Bennett. “We have a responsibility not only to uphold and enforce the laws of the United States but also to do everything within our power to protect our citizen’s and our community. This sentence is symbolic of the FBI’s commitment to serving justice and to show that no company is too large to be held accountable for criminal acts.”
In handing down the $3 million monetary penalty, Judge Henderson ordered PG&E to pay the maximum statutory penalty allowable for each count charged under the PSA and for obstruction of justice. In addition to the monetary penalty, Judge Henderson ordered PG&E to the maximum term of five years’ probation. While on probation, PG&E will submit to a corporate compliance and ethics monitorship, pay for advertising in national media outlets to publicize its criminal conduct, and engage in community service.
Judge Henderson ordered PG&E to develop within the first six months “an effective compliance and ethics program” as well as a schedule for implementation of the program. Judge Henderson’s order directs PG&E to create a program that will prevent criminal conduct with respect to gas pipeline transmission safety. In addition, during the five-year period, PG&E will be supervised by a Compliance and Ethics Monitor whose job it will be to approve the program, oversee PG&E’s compliance with the program, inspect PG&E’s records, and receive notifications from PG&E regarding any changes in the company’s financial status.
With respect to publicity, Judge Henderson ordered PG&E to spend $3 million to publicize “the nature of the offenses it committed, the convictions, the nature of the punishment imposed and the steps that will be taken to prevent the recurrence of similar offences.” The $3 million expenditure will include two parts. PG&E must purchase a full page advertisement in both the Wall Street Journal and the San Francisco Chronicle. Also, PG&E was ordered to purchase television time to air commercials “to the greatest extent possible replicating the same channels and air times that PG&E used” in the time period around when the case was being tried.
Judge Henderson also ordered PG&E to engage in 10,000 hours of community service that must be pre-approved by a federal probation officer. Of the 10,000 hours, 2,000 must be completed by “high level” employees. In addition, Judge Henderson stated his expectation that the planned community service would be approved only if is separate from, and in addition to, service that PG&E already had planned to do. Judge Henderson also advised PG&E that he expected the community service would be completed, to the greatest extent possible, in San Bruno.
Assistant United States Attorneys Hallie Hoffman, Jeff Schenk, and Hartley West prosecuted the case with the assistance of Denise Oki, Beth Margen, Maryam Beros, Alycee Lane, Bridget Kilkenny, and Maureen French. The prosecution is the result of an investigation conducted by the U.S. Attorney’s Office for the Northern District of California, the California Attorney General’s Office, the San Mateo County District Attorney’s Office, the United States Department of Transportation Office of Inspector General, the FBI, the Pipeline and Hazardous Material Safety Administration, and the City of San Bruno Police Department.
Owner of Mortgage Foreclosure Recuse Firm Pleads Guilty to Tax FraudRead the Press Release
Drew Alia, 40, of Philadelphia, PA pled guilty today to an Information which charged him with willfully failing to file federal income tax returns for tax years 2010 through 2013 before United States District Court Judge Paul Diamond, announced Acting United States Attorney Louis D. Lappen.
Alia, an attorney, according to the Information, operated a home mortgage recuse service which was designed to assist home owners who were facing foreclosure to secure financing in order to prevent a home mortgage foreclosure. The Information alleged that Alia realized gross income of $28,000 in 2010; $107,000 in 2011, $144,000 in 2012, and $71,000 in 2013 all of which he failed to report on federal income tax returns that he was required to file in each of the aforementioned years.
“As we begin the 2017 filing season, American taxpayers are reminded that the term voluntary compliance means that each of us is responsible for filing a tax return when required and for paying the correct amount of tax," said Internal Revenue Service Criminal Investigation Acting SAC Gregory Floyd. "That responsibility should not be taken lightly. Mr. Alia chose to ignore his duty to file and pay taxes; thus he must be held accountable for his actions."
Alia faces a maximum of 4 years of imprisonment, a fine of up to $400,000 and 1 year of supervised release when he sentenced.
The case was investigated by Internal Revenue Service’s Criminal Investigation Division Philadelphia Field Office and is being prosecuted by Assistant United States Attorney Floyd J. Miller.
Owner of Bus Repair and Transportation Company Charged with Defrauding Rockland BocesRead the Press Release
Former Rockland BOCES Official Pleads Guilty to Fraud, Theft, Bribery,
and Obstruction of Justice
Preet Bharara, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Thomas Zugibe, the Rockland County District Attorney, today announced the unsealing of an Indictment charging RICHARD BREGA with conspiracy, fraud, theft, bribery, and obstruction of justice. The charges arise from an alleged scheme to defraud the Rockland Board of Cooperative Educational Services (“BOCES”) by billing it for bus maintenance that was not performed. Bharara also today announced the guilty plea of WILLIAM POPKAVE, a former official with Rockland BOCES, to conspiracy, fraud, theft, bribery, and obstruction of justice, charged in a five-count Information unsealed today.
Manhattan U.S. Attorney Preet Bharara stated: “Richard Brega and William Popkave allegedly engaged in a corrupt scheme to charge Rockland County school districts for school bus repairs and maintenance that were never actually performed, then tried to cover their tracks through fake invoices and deceptive money transactions. The defendants’ alleged fraud and corruption not only betrayed the public trust, but risked making school buses, including some used for disabled children, less safe. Thanks to the work of the FBI and the Rockland County District Attorney’s Office, this allegedly callous scheme has been exposed.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “Brega’s company was responsible for servicing a fleet of Rockland BOCES buses, some of which were used for physically disabled students. Checks were supposed to include repairs, preventative maintenance, and inspection. As alleged, Brega billed for services that were never completed. In fact, many of the buses hadn’t even been brought to the repair shop where the work would have been performed. As charged, with the help of Popkave, one of their own officials, Rockland BOCES was taken for a ride—even if their buses were not.”
Rockland County District Attorney Thomas Zugibe stated: “As alleged in the federal Indictment, Richard Brega, Jr., the Rockland BOCES vendor, submitted false invoices for school bus maintenance that was never provided. William Popkave would knowingly approve these invoices for payment, notwithstanding the fact that these services were never provided. Rockland BOCES administrators were unaware of the wrongdoing of its former employee. The allegations in this case highlights the essence of greed and extremely poor judgment by a former employee and the operator of Rockland County's largest provider of public transportation. With these charges, the Joint Public Corruption Task Force continues its mission to root out fraud and abuse at all levels. We are proud to be a part of it.”
As alleged in the Indictment and Information unsealed today in White Plains federal court[1]:
BREGA owned and controlled vehicle repair and transportation companies in Rockland County. Brega D.O.T. Maintenance Corp. (“Brega DOT”) was a fleet maintenance repair shop owned and controlled by BREGA.
Rockland BOCES serves eight school districts in Rockland County. Among the services that Rockland BOCES offers to its students is transportation, for which it has a fleet of buses and other vehicles (hereinafter collectively referred to as “Rockland BOCES’ buses” and “bus fleet”), some of which are specially equipped for students with physical disabilities. Rockland BOCES receives federal funding each year, significantly in excess of $10,000, including more than $1 million some years.
From in or about 2008 or 2009, through in or about 2015, Brega DOT provided vehicle repair service and maintenance for Rockland BOCES’ bus fleet. The service of Rockland BOCES’ buses by Brega DOT included regular preventive maintenance (“Preventive Maintenance”). To perform Preventive Maintenance on a Rockland BOCES bus, Brega DOT was supposed to, among other things, receive the bus at Brega DOT’s facility, inspect the bus, and, ordinarily, drive the bus. To obtain payment for Preventive Maintenance, Brega DOT created invoices documenting the work done, provided the invoices to Rockland BOCES, and, once CC-1 approved the bill, received payment from Rockland BOCES.
From in or about 2012 through in or about 2014, BREGA conspired to and did steal money from Rockland BOCES by, among other things, billing Rockland BOCES for vehicle repair services that, as BREGA well knew, were never performed. To do so, BREGA had fraudulent invoices made, to give the false appearance that his company had performed regular Preventive Maintenance on certain buses, when in fact those buses were not even brought to Brega DOT.
To create the fraudulent invoices, and to obtain payment from Rockland BOCES for work that was never performed, BREGA bribed WILLIAM POPKAVE – the employee of Rockland BOCES at the time who oversaw upkeep and maintenance of its buses – with tens of thousands of dollars’ worth of free personal vehicle repairs. POPKAVE emailed BREGA lists of buses and their mileages for purposes of creating fraudulent invoices, and thereafter approved payment of the fraudulent invoices at Rockland BOCES.
In addition, during the investigation of the criminal conspiracy, BREGA obstructed justice by attempting to cover up his bribery of POPKAVE with a series of financial transactions designed to conceal BREGA’s provision of free personal vehicle services to POPKAVE.
The conspiracy was accomplished through, among other things, the following means and methods:
From in or about 2009 through in or about 2014, BREGA provided POPKAVE with free vehicle repairs for POPKAVE’s personal vehicles and those of his friends and family. At one point, the value of the free vehicle services that Brega DOT provided to POPKAVE totaled approximately $47,000.
From in or about 2012 through in or about 2014, BREGA caused Brega DOT to bill Rockland BOCES for Preventive Maintenance that, as BREGA well knew, Brega DOT never performed. Brega DOT, in fact, billed Rockland BOCES for more than $86,000 for claimed instances of Preventive Maintenance when, in those instances, the bus at issue was never even brought to Brega DOT.
In addition, BREGA caused Brega DOT to automatically and routinely overcharge Rockland BOCES for labor and parts.
To bill Rockland BOCES for work that was not done, on buses that were not brought to Brega DOT, BREGA, POPKAVE and another co-conspirator (“CC-2”), along with others acting on their behalf, created fraudulent invoices. POPKAVE emailed BREGA lists of buses and their respective mileages. BREGA then caused CC-2 and others to create invoices, listing the mileages provided by POPKAVE, falsely documenting that the bus had undergone Preventive Maintenance at Brega DOT, when in fact, as BREGA well knew, it had not.
Once the fraudulent bills were sent from Brega DOT to Rockland BOCES, POPKAVE authorized payment. Payments were mailed from Rockland BOCES. POPKAVE did so because, among other things, Brega DOT was servicing POPKAVE’s vehicles and those of his family and friends for free.
* * *
BREGA was arrested this morning and will be arraigned today on the charges in the Indictment before United States Magistrate Judge Judith C. McCarthy in the White Plains federal courthouse.
BREGA, 49, of Rockland County, is charged with five counts: (1) conspiracy to commit mail fraud; (2) mail fraud; (3) bribery concerning a program receiving federal funds; (4) theft concerning a program receiving Federal funds; and (5) obstruction of justice. The offenses carry a combined maximum penalty of eighty years in prison and a $250,000 fine.
POPKAVE, 61, of Rockland County, New York, pled guilty to five counts: (1) conspiracy to commit mail fraud; (2) mail fraud; (3) theft concerning a program receiving Federal funds; (4) bribery concerning a program receiving federal funds; and (5) obstruction of justice. The offenses carry a combined maximum penalty of eighty years in prison and a $250,000 fine.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge. POPKAVE will be sentenced at a future date. The case is assigned to U.S. District Judge Vincent Briccetti.
Mr. Bharara praised the outstanding investigative work of the FBI, the Rockland County District Attorney’s Office, and the United States Department of Transportation Office of Inspector General.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Michael Maimin and Benjamin Allee are in charge of the prosecution.
The charges contained in the Indictment 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 Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
New York Man Sentenced to 20 Years for Conspiring to Provide Material Support to ISIL in Connection with Planned New Year's Eve AttackRead the Press Release
Emanuel L. Lutchman, 26, of Rochester, New York, was sentenced to 20 years in prison and 50 years of supervised release for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Acting Assistant Attorney General for National Security Mary B. McCord, Acting U.S. Attorney James P. Kennedy, Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement. Chief U.S. District Judge Frank P. Geraci of the Western District of New York handed down the sentence.
“Emanuel Lutchman conspired with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Acting Assistant Attorney General McCord. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
“This defendant was in direct personal communication with an individual who was an external attack planner and influential recruiter for ISIL in Syria,” said Acting U.S. Attorney Kennedy. “That individual is now deceased, but, while living, he acted essentially as a terror trainer to Emanuel Lutchman and others. Together the two discussed the defendant’s plan to conduct a murderous attack within the City of Rochester essentially as a means of establishing his value as a future terrorist for ISIL in Syria. Viewed in this context, it would be hard to overstate the danger that Lutchman presented.” Mr. Kennedy emphasized that, “As prosecutors, a significant part of the role we play is to protect the citizens in our community from the threats they face. This sentence accomplishes that.”
"Just over a year ago, we arrested Emanual Lutchman. It was a good day for Rochester, and for people everywhere who would felt the impact of Lutchman's violent acts," said Special Agent in Charge Cohen. "The days preceding Lutchman’s arrest were full of apprehension after Lutchman accepted a directive from Abu Issa Al Amriki – a known ISIL leader – to kill multiple Americans. Today ends the judicial process for this case, but the FBI continues to work hard to protect our communities.”
Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups. This included all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the U.S. and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar”; and contact information for the ISIL member and Al-Amriki.
On Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do.
Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the U.S., that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the U.S.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL. He also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible. Al-Amriki reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack, and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities. As they drove by a particular restaurant/bar in Rochester, Lutchman identified it as the target of the attack.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that many victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
Lutchman has been detained in federal custody since his arrest on Dec. 30, 2015 by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF).
The investigation was conducted by the FBI’s Rochester JTTF. The case was prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.
New York Man Sentenced for Conspiracy to Provide Material Support to ISIL in Connection with Planned New Year’s Eve AttackRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051WASHINGTON – Emanuel L. Lutchman, 26, of Rochester, NY, who was convicted of conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL), was sentenced to 20 years in prison and 50 years supervised released by Chief U.S. District Judge Frank P. Geraci.
Acting Assistant Attorney General for National Security Mary B. McCord, Acting U.S. Attorney James P. Kennedy, Jr. of the Western District of New York and Special Agent-in-Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.
“Emanuel Lutchman conspired with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Acting Assistant Attorney General McCord. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
“This defendant was in direct personal communication with an individual who was an external attack planner and influential recruiter for ISIL in Syria,” said Acting United States Attorney James P. Kennedy, Jr. “That individual is now deceased, but, while living, he acted essentially as a terror trainer to Emanuel Lutchman and others. Together the two discussed the defendant’s plan to conduct a murderous attack within the City of Rochester essentially as a means of establishing his value as a future terrorist for ISIL in Syria. Viewed in this context, it would be hard to overstate the danger that Lutchman presented.” Kennedy emphasized that, “As prosecutors, a significant part of the role we play is to protect the citizens in our community from the threats they face. This sentence accomplishes that.”
"Just over a year ago, we arrested Emanual Lutchman. It was a good day for Rochester, and for people everywhere who would felt the impact of Lutchman's violent acts," said Adam S. Cohen, the Special Agent-in-Charge of the FBI's Buffalo office. "The days preceding Lutchman’s arrest were full of apprehension after Lutchman accepted a directive from Abu Issa Al Amriki – a known ISIL leader – to kill multiple Americans. Today ends the judicial process for this case, but the FBI continues to work hard to protect our communities."Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.”
Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups. This included all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the U.S. and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar”; and contact information for the ISIL member and Al-Amriki.
On Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do.
Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the U.S., that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the U.S.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL. He also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible. Al-Amriki reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack, and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities. As they drove by a particular restaurant/bar in Rochester, Lutchman identified it as the target of the attack.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that many victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
Lutchman has been detained in federal custody since his arrest on Dec. 30, 2015 by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF).
The investigation was conducted by the FBI’s Rochester JTTF. The case was prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.New Orleans Men Charged with Carjackings, Bank Robberies, and Obstruction of JusticeRead the Press Release
U.S. Attorney Kenneth A. Polite announced a federal grand jury returned a Superseding Indictment charging DWAYNE WINANS, JR., a/k/a “Butter,” age 22, and BRYSON TUESNO, age 21, both of New Orleans, with various counts of carjacking, bank robbery, and obstruction of justice. WINANS was previously indicted on October 6, 2016 for the August 4, 2016 robbery of a Fidelity Bank located at 5530 Crowder Boulevard in New Orleans.
The superseding Indictment further charges WINANS with two carjackings that both occurred on August 12, 2016, where, it is alleged that he took, respectively, a silver/gray 2012 Toyota Camry and a black 2009 Toyota Corolla from persons known to the grand jury. Both counts carry a maximum sentence of 15 years of imprisonment and/or a $250,000 fine.
WINANS and TUESNO are also charged together in connection with two other bank robberies, both of which took place on August 15, 2016: one at a Regions Bank, located at 3836 Elysian Fields Avenue in New Orleans, and the other at Gulf Coast Bank, located at 1900 Oak Harbor Boulevard in Slidell. Each count carries a maximum prison term of 20 years and/or a $250,000 fine.
Both WINANS and TUESNO are also charged with obstruction for destroying the same silver/gray Toyota Camry named in one of the Superseding Indictment's carjacking counts. The obstruction charge imposes a 20-year maximum prison term and/or a $250,000 fine.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the New Orleans Police Department, for investigating this matter. Assistant United States Attorney Michael E. McMahon is in charge of the prosecution.
New Hampshire Woman Pleads Guilty to Social Security, Medicaid, and Food Stamp FraudRead the Press Release
CONCORD, N.H. – Mary Sosa, 57, of Amherst, pleaded guilty today in United States District Court for the District of New Hampshire to three counts of Making False Statements, announced United States Attorney Emily Gray Rice.
According to court documents and statements made in court, Sosa began receiving Social Security disability benefits in 1997. She also received Medicaid benefits since July 2013 and Food Stamps, also known as SNAP benefits, beginning in July 2014. Eligibility for each of these benefits programs is based, in part, on the applicant having limited income and resources. In assessing a married individual’s eligibility for Social Security disability benefits, Medicaid, and Food Stamps, the income of the applicant’s spouse is considered.
Sosa married in September 2001, but she failed to disclose her marriage to Social Security as required. Instead, she reported that she was never married. When she finally admitted to Social Security in 2014 that she was married, she falsely stated that her husband moved out of their residence two days after their wedding. Similarly, in connection with her claims for Medicaid and Food Stamps, Sosa erroneously informed the New Hampshire Department of Health and Human Services that she was never married and she failed to identify her husband as a member of her household. Her husband’s income would have rendered her ineligible to receive any Supplemental Security Income benefits, Medicaid, and Food Stamps. As a result of concealing her marriage and her husband’s true residence from the Social Security Administration and from the New Hampshire Department of Health and Human Services, Sosa fraudulently received $91,669.38 in disability benefits, $21,524.59 in Medicaid, and $1,963 in Food Stamps.
Sosa is scheduled to be sentenced on May 4, 2017. She was released on conditions pending sentencing.
The case was investigated by the Social Security Administration’s Office of the Inspector General and the New Hampshire Department of Health and Human Services’ Special Investigations Unit, with assistance from the Town of Amherst Police Department. The case was prosecuted by Special Assistant United States Attorney Karen Burzycki.
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New Hampshire Man Indicted for Sex Trafficking of a Minor in Connection with Interstate Prostitution EnterpriseRead the Press Release
Steven Tucker, 31, of Manchester, N.H., was charged yesterday in a 3-count indictment in the District of New Hampshire with sex trafficking of a minor, use of a facility of interstate commerce to operate a prostitution enterprise, and maintaining a drug-involved premises.
According to allegations in the indictment, Tucker sold heroin out of his residence and used the internet, cellular telephones, and prepaid debit cards to prostitute women and a minor girl as part of an interstate prostitution enterprise. According to court documents, Tucker profited from operating the prostitution enterprise.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. If convicted of sex trafficking of a minor, Tucker faces a mandatory minimum sentence of 10 years in prison. Maintaining a drug-involved premises carries a statutory maximum of 20 years in prison, and using a facility of interstate commerce to promote an unlawful activity carries a statutory maximum sentence of 5 years in prison.
The scheduled trial date is set for March 21, 2017.
The case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Manchester Police Department of New Hampshire. The case is being prosecuted by Assistant United States Attorney Arnold Huftalen of the District of New Hampshire and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.
New Hampshire Man Indicted for Sex Trafficking of A Minor in Connection with Interstate Prostitution EnterpriseRead the Press Release
Defendant Charged with Selling Heroin and
Prostituting Women and a Minor Girl for his Profit
CONCORD, N.H. – Steven Tucker, 31, of Manchester, N.H., was charged on Wednesday, Jan. 25, in a 3-count indictment in the District of New Hampshire with sex trafficking of a minor, use of a facility of interstate commerce to operate a prostitution enterprise, and maintaining a drug-involved premises.
According to allegations in the indictment, Tucker sold heroin out of his residence and used the internet, cellular telephones, and prepaid debit cards to prostitute women and a minor girl as part of an interstate prostitution enterprise. According to court documents, Tucker profited from operating the prostitution enterprise.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. If convicted of sex trafficking of a minor, Tucker faces a mandatory minimum sentence of 10 years in prison. Maintaining a drug-involved premises carries a statutory maximum of 20 years in prison, and using a facility of interstate commerce to promote an unlawful activity carries a statutory maximum sentence of 5 years in prison.
Tucker was arraigned today in United States District Court in Concord, New Hampshire. A trial date has been scheduled for March 21, 2017.
The case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Manchester Police Department of New Hampshire. The case is being prosecuted by Assistant United States Attorney Arnold Huftalen of the District of New Hampshire and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.
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Minneapolis Heroin Dealer Sentenced to Federal PrisonRead the Press Release
FARGO - US Attorney Christopher C. Myers announced that on Jan. 25, 2017, Michael Antwain Modisett, 34, aka “MOE”, from Minneapolis, Minnesota, was sentenced before US District Judge John R. Tunheim to serve a life sentence for Conspiracy to Possess with Intent to Distribute and Distribution of Heroin. Modisett was found guilty following a five-day trial on Jan. 8, 2016.
In late 2012, Modisett began supplying individuals from Moorhead, Minnesota, and Fargo, North Dakota with large amounts of heroin. Specifically, heroin was brought from Chicago, Illinois and Minneapolis by Modisett or associates of his, to the Fargo/Moorhead area where they would meet with local distributors who in turn sold to various customers. During portions of this conspiracy, Modisett continued to run the operation while he was placed at a halfway house in the Minneapolis area on an unrelated matter. During this time, Modisett’s distributors in the Fargo/Moorhead area would contact Modisett, who, in turn, would get them in contact with his associates who would deliver large quantities of heroin to the Fargo/Moorhead area distributors. The area distributors would sell the heroin and wire money to Modisett or send cash to Minneapolis, Minnesota via his associates.
By 2014, law enforcement discovered Modisett’s distribution network and subsequently conducted dozens of interviews and executed a series of search warrants in Fargo/Moorhead locations resulting in seizures of heroin supplied by Modisett, and cash proceeds destined for Modisett from the heroin sales.
Including Modisett, a total of 8 individuals have been convicted in U.S. District Court in North Dakota for their roles in this conspiracy.
This case was investigated by the Fargo Police Department, Moorhead Police Department, Cass County Drug Task Force, and the Drug Enforcement Agency Task Force.
Assistant US Attorneys Brett Shasky and Jennifer Puhl prosecuted the case.
Men from Talladega and Franklin Counties Indicted for Distributing MethRead the Press Release
BIRMINGHAM – A federal grand jury today, in unrelated cases, indicted a Talladega County man and a Franklin County man on charges of distributing methamphetamine, announced Acting U.S. Attorney Robert O. Posey and Drug Enforcement Administration Assistant Special Agent in Charge Brett Hamilton.
A two-count indictment filed in U.S. District Court charges TAYLOR ALAN PANNETON, 31, of Sylacauga, with distributing methamphetamine and with possessing with intent to distribute methamphetamine on Nov. 7 in Jefferson County.
Vestavia Hills Police arrested Panneton on drug charges in November at the Renaissance Birmingham Ross Bridge Golf Resort and Spa.
A separate two-count indictment charges JOSHUA CLINT McCARLEY, 34, of Hodges, with distributing methamphetamine on Aug. 12 in Franklin County, and with possessing with intent to distribute methamphetamine on Jan. 6 in Franklin County.
Marion County Sheriff’s deputies arrested McCarley at his home Jan. 6.
The maximum penalty for both distributing and possessing with intent to distribute methamphetamine is 20 years in prison and a $3 million fine.
DEA investigated the case, which the U.S. Attorney’s Office for the Northern District of Alabama is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Members of Credit Card Fraud Ring SentencedRead the Press Release
Four Detroit men have been sentenced to federal prison for roles they played in a credit card fraud ring, announced U.S. Attorney Barbara L. McQuade.
On January 25, 2017, U.S. District Judge Mark A. Goldsmith sentenced Terry Lewis, age 41, to 60 months in prison. Judge Goldsmith had previously sentenced Lewis’s co-defendants, Eric Dismukes, age 40, to 75 months in prison, Pastor Julius Baker, age 33, to 42 months in prison and Darrius Guyton, age 29, to 39 months in prison. All four defendants were also ordered to serve three-year terms of supervised release upon completion of their prison sentences.
The evidence in the case showed that Dismukes and Lewis illicitly acquired personal identifying information of third parties and then used that information to fraudulently obtain credit cards. Dismukes and Lewis used the fraudulently-obtained credit cards to conduct illicit financial transactions in the Metropolitan Detroit area, including fraudulent retail store purchases and ATM cash withdrawals. Dismukes and Lewis also provided fraudulently-obtained credit cards to other members of the fraud ring, including Baker and Guyton, so that those individuals could also conduct illicit financial transactions. Baker conducted a number of illicit financial transactions using a credit card terminal that was registered to the Rock Community Christian Church, where Baker had served as a pastor. Baker admitted to moving the proceeds of those fraudulent transactions to personal accounts that he controlled. In total, members of the credit card fraud ring caused more than half a million dollars in loss.
Judge Goldsmith has ordered the defendants to pay the following amounts in restitution:
• Dismukes: $150,000
• Pastor Baker: $150,000
• Lewis: $40,000
• Guyton: $15,000
The case was investigated by the United States Postal Inspection Service and prosecuted by Assistant United States Attorney Andrew Yahkind.
Media Advisory: U.S. Department of Justice Partners with Linn County and Cedar Rapids Law Enforcement and Community Agencies to Host Forum: Protecting Arab, Muslim, Sikh, and South Asian Communities and the Community Response to Hate CrimesRead the Press Release
CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa is joining with the Department of Justice’s Community Relations Service, the Iowa Department of Human Rights, the Anti-Defamation League, the Linn County Attorney’s and Sheriff’s Offices, the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Cedar Rapids Civil Rights Commission to host a forum designed to identify and address key issues related to reporting, investigating, prosecuting and preventing hate crimes against Arab, Muslim, Sikh, and South Asian Communities. The forum is designed to build collaboration among key partners in an effort to prevent and respond to bias incidents and hate crimes.
U.S. Attorney Kevin W. Techau will be present and joined by Darryck Dean, a DOJ Conciliation Specialist with the Community Relations Service located in Kansas City.
Mr. Dean was actively involved in community conciliation efforts following the incidents in Ferguson, Mo. A flyer announcing the forum is attached.
Event Details
When: Monday, January 30, 2017
Where: Cedar Rapids Public Library, Whipple Auditorium, 450 5th Avenue SE, Cedar Rapids, IA
Time: Starts at 1:00 p.m., ends at 4:00 p.m.
This is a “pen and pad” opportunity for the press. Photography permitted. A press release will be provided and interview opportunities will be available.
Follow us on Twitter @USAO_NDIA.
1-30-17_flyer.pdfManchester Man Pleads Guilty to Child Pornography PossessionRead the Press Release
CONCORD, N.H.: Allan Yianakopolos, 49, of Manchester, New Hampshire, pled guilty on Thursday in United States District Court for the District of New Hampshire to possessing child pornography, announced United States Attorney Emily Gray Rice.
A joint investigation by the New Hampshire Crimes Against Children Task Force, Homeland Security Investigations Manchester, the Manchester, New Hampshire Police Department, and the Bedford, New Hampshire Police Department resulted in the seizure of various electronic devices from Yianakopolos’s Manchester residence. A search of those devices revealed hundreds of images and videos of child pornography.
Sentencing is scheduled for May 10, 2017.
In February 2006, the Department of Justice introduced 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 www.projectsafechildhood.gov.
The case was investigated by the New Hampshire Crimes Against Children Task Force in conjunction Homeland Security Investigations Manchester, and the police departments of Manchester and Bedford, New Hampshire. The case is being prosecuted by Assistant United States Attorney Georgiana Konesky.
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Man Pleads Guilty to Coercing Female Minor to Engage in Sexual ActivityRead the Press Release
Memphis, TN – A Memphis area man has pleaded to using the internet to coerce an underage teen into engaging in sexual intercourse. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the guilty plea today.
According to information presented in court, Matthew Marr, 23, used messaging apps to communicate with a 14-year-old female minor in July and August of 2016. The minor revealed that she was underage during one of their initial conversations. However, Marr assured the minor that her age was not an issue.Marr eventually met the minor in person to have sexual intercourse and, on at least one occasion, was armed with a knife. Additionally, Marr sent sexually explicit images to the minor. He also told the victim she had to send him sexually explicit videos and images of herself if she wanted to be in a relationship with him, and pressured her to introduce him to even younger girls.
On Thursday, January 26, 2017, Marr pleaded guilty before U.S. District Court Judge John T. Fowlkes Jr. to one count of coercing and enticing a female minor to engage in sexual activity.
Marr is scheduled to be sentenced on April 27, 2017.
He faces a mandatory minimum sentence of 10 years in federal prison and a fine of up to $250,000.
This case is being investigated by the FBI's Memphis Child Exploitation Task Force and the BPD.
Assistant U.S. Attorney Deb Ireland is prosecuting this case on the government’s behalf.
Anyone who believes they may have information about related activities is asked to contact the Memphis Child Exploitation Task Force at 901.747.4300.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Man Arrested at Dulles International Airport with Fake PassportRead the Press Release
ALEXANDRIA, Va. – Kofi Kyei Asare Takyi, 44, a citizen of Ghana, was arrested Monday after attempting to enter the United States with a false passport at Dulles International Airport.
“Violating U.S. immigration law is a very serious offense, and one that has the potential to threaten our nation’s security,” said Wayne Biondi, Customs and Border Protection (CBP) Port Director of the Area Port of Washington Dulles. “We hope that this criminal prosecution deters would-be impostors, and reminds them that Customs and Border Protection officers are skilled at detecting fraudsters and that we remain ever vigilant at our nation’s 328 ports of entry.”
Takyi was charged with false statements in application and use of a passport. According to allegations in the criminal complaint, on January 22, Takyi arrived at Dulles International Airport on a flight from Brussels, Belgium, and presented a false passport in the name of Michael Christopher Wilson to a CBP agent. After questioning and a search of Takyi’s baggage, CBP agents found several identifying documents, including a Georgia driver’s license; a Maryland driver’s license; a social security card all in the name of Michael Christopher Wilson. Additionally, CBP agents found a Ghanaian passport, a Maryland driver’s license, and several credit cards in the name of Michael Christopher Wilson and Kofi Kyei Asare . A finger print identification examination returned positive results which included an FBI number having multiple arrests and at least three identities. After being advised of his Miranda rights, admitted that Michael Christopher Wilson was not his true identity, and that he was a citizen of Ghana and not the United States.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Wayne Biondi, Customs and Border Protection Port Director of the Area Port of Washington Dulles, made the announcement. Special Assistant U.S. Attorney Marina C. Fernandez is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-mj-26.
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.
MEDIA ADVISORY-- Federal and City Officials to Hold Press Conference Regarding Destruction of Forfeited Drug ParaphernaliaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, U.S. Marshal Conrad E. Candelaria, Albuquerque Mayor Richard J. Berry, DEA Assistant Special Agent in Charge Sean R. Waite, and FBI Assistant Special Agent in Charge Derek A. Fuller will hold a press conference tomorrow afternoon immediately preceding the destruction of a large quantity of drug paraphernalia seized and forfeited in connection with several federal narcotics trafficking investigations.
The press conference will take place at 2:00 p.m., Friday, January 27, 2017, at City of Albuquerque Solid Waste Facility located at 18000 Cerro Colorado SW (Cerro Colorado Landfill) in Albuquerque, N.M. The media will have the opportunity to film the destruction of the drug paraphernalia, which consists primarily of glassware, including numerous bongs and crack pipes, seized from “smoke shops” and “head shops,” and is valued at more than $220,000.
The destruction of drug paraphernalia is part of the U.S. Marshals Service’s asset forfeiture mission. It is a vital part of the federal government’s efforts to combat crime by stripping criminals of the tools of their trade and their ill-gotten gains.
WHO:
U.S. Attorney Damon P. Martinez
U.S. Marshal Conrad E. Candelaria
Albuquerque Mayor Richard J. Berry
DEA Assistant Special Agent in Charge Sean R. Waite
FBI Assistant Special Agent in Charge Derek A. Fuller
WHEN:
Friday, January 27, 2017 at 2:00 p.m.
WHERE:
City of Albuquerque Solid Waste Facility
Cerro Colorado Landfill
18000 Cerro Colorado SW
Albuquerque, NM 87121
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials.
Louisville Physician Convicted of Unlawful Distribution of Controlled Substances and Health Care FraudRead the Press Release
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., today announced the conviction of a Louisville physician, in United States District Court, before Chief District Judge Joseph H. McKinley, Jr., on multiple charges including unlawful distribution of controlled substances and health care fraud.
“The criminal actions of George Kudmani contributed to untold suffering and hardships for patients and their families in his care,” stated U.S. Attorney John Kuhn. “A physician takes an oath to do no harm, yet in this case Dr. Kudmani recklessly prescribed drugs to those suffering from opioid use disorders with no legitimate medical purpose. We thank the DEA, Louisville Metro Police Department, the Medicaid Fraud Control Unit of the Kentucky Attorney General’s Office and the FBI for the persistence and hard work that led to today’s conviction.”
Following a seven-day trial, the jury deliberated approximately nine hours before finding the former physician, George Kudmani, 71, guilty on 26 of 29 charges. Sentencing is scheduled before Chief Judge McKinley on June 6, 2017 at 11 a.m., in Louisville.
The jury found Kudmani guilty of unlawfully distributing and dispensing controlled substances, not for a legitimate medical purpose and beyond the bounds of a professional medical practice between July 2009 and September 2012. The controlled substances prescribed were Oxycodone, a schedule II controlled substance, and Hydrocodone, a schedule III controlled substance.
Further, Kudmani was convicted of committing health care fraud for falsely and fraudulently billing Kentucky Medicaid (Passport) by submitting claims for medically unnecessary Transvaginal Ultrasounds (TVS), TVSs not performed, and billing for TVS reports that were never prepared for patients, between January 2009 and September 2012.
Kudmani operated an obstetrician/gynecological medical practice located at 9702 Stonestreet Road, in Louisville, Kentucky from December of 1980 until 2012. The practice did not employ any other individual with medical training. A typical first-time patient would pay $75 for a gynecological exam, and each visit thereafter, the patient would typically pay $35 in cash and receive a Schedule II-V controlled substance prescription without a physical examination. Patients testified to paying cash and being prescribed controlled substances for years.
Kudmani faces a maximum potential penalty of no more than 30 years in prison, a fine of $13,750,000, and a 3-year period of supervised release.
This case is being prosecuted by Assistant United States Attorneys Joseph Ansari and Lettricea Jefferson-Webb, assisted by paralegal Lori Cracknell and was investigated by the United States Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Kentucky Medical Fraud Control Unit and Louisville Metro Police Department (LMPD).
Los Zetas Cartel Operative Sentenced to Federal Prison for Cocaine TraffickingRead the Press Release
In San Antonio today, 44-year-old Sergio Heredia (aka “Keko,” “Sobrino”) of Piedras Negras, Mexico, was sentenced to 15 years in federal prison for trafficking hundreds of kilograms of cocaine announced United States Attorney Richard L. Durbin, Jr., Drug Enforcement Administration (DEA) Special Agent in Charge Joseph Arabit, Houston Division and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In August 2015, Heredia pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine. By pleading guilty, Heredia admitted that from January 2007 to May 2015, he conspired with others to distribute more than five kilograms of cocaine in the United States.
According to evidence in this case, Heredia and others trafficked cocaine and marijuana for distribution in San Antonio, Fort Worth and elsewhere. It was done, in part, through a San Antonio-based network of drug distributors and money launderers led by 34–year-old San Antonio resident Walter Jacobo. This investigation revealed that the source of drug supply to Jacobo’s organization, as well as several other organizations involved in this scheme, was the Los Zetas Cartel. Together, they were responsible for the trafficking of more than 180,000 pounds of marijuana, hundreds of kilograms of cocaine, in excess of $18 million in U.S. currency, dozens of firearms and thousands of rounds of ammunition.
This investigation has resulted in the conviction of 18 individuals on federal charges. Twelve (12) have been sentenced; six (6) remain in custody pending sentencing. Sentences range from 20 years in federal prison to probation. On January 19, 2017, Jacobo was sentenced to ten years in federal prison followed by five years of supervised release for his role in the scheme.
This case resulted from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by a High Intensity Drug Trafficking Area (HIDTA) San Antonio group comprised of investigators from DEA, HSI, Internal Revenue Service-Criminal Investigation, San Antonio Police Department, Hollywood Park Police Department and the Bexar County Sheriff’s Office.
The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering operations, and those primarily responsible for the nation’s illegal drug supply.
Lincoln Man Sentenced for Conspiracy to Distribute Methamphetamine and Possession of GunRead the Press Release
United States Attorney, Deborah R. Gilg, announced that on January 26, 2017, Cole James Adams, 34, of Lincoln, was sentenced to a total of 18 years (216 months) in prison for his involvement in a conspiracy to distribute and possess with intent to distribute 50 grams or more of a substance containing methamphetamine between January of 2014 and September of 2015 and his possession of a firearm in furtherance of that offense on September 4, 2015. Adams was sentenced to 13 years (156 months) on the drug charge and received a consecutive 5-year sentence (60 months) on the gun charge. Following the prison terms, Adams will serve five years on supervised release. He was also ordered to pay $200 in special assessments.
Information obtained by law enforcement indicated that Adams was responsible for the distribution of at least 500 grams (approximately 18 ounces) of methamphetamine in the Lincoln area. On September 4, 2015, Adams allowed Lincoln Police officers to search his bedroom. Officers found over 200 grams of methamphetamine, two handguns, 2 shotguns, a scale, and packaging materials. Adams admitted he had been selling methamphetamine, saying he had 10-20 customers, and that he believed some of them were re-selling the methamphetamine.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
League City Woman Convicted on Child Pornography ChargeRead the Press Release
GALVESTON, Texas - A 46-year-old woman has entered a guilty plea to one count of receipt of child pornography, announced U.S. Attorney Kenneth Magidson.
Tracey Lynn Bautista came to the attention of law enforcement after investigators found evidence she was receiving child pornography from an individual who had been arrested for the promotion of child pornography. Investigators found several child pornography images and videos which were sent to Bautista via text messaging and the online messaging application known as Kik Messenger. Bautista acknowledged receipt of these images by responding “nice” and “[w]ow. [g]ood pic.”
Additionally, investigators found text messages in which Bautista discusses a minor relative with this individual. Bautista offered to get pictures of the minor relative for him and later sent a photo of a 16-year-old female relative who is topless with her breasts exposed for the camera’s viewing.
U.S. District Judge George C. Hanks Jr. accepted the plea and set sentencing is set for April 29, 2017. At that time, Bautista faces a minimum of five and up to 20 years in federal prison as well as a possible $250,000 maximum. She was permitted to remain on bind pending that heating.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Montgomery County Precinct 1 Constable’s Office conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Kimberly Ann Leo, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Leader and Two Co-Conspirators Admit to Their Roles in Six Year Scam Using Fake Companies and False Documentation to Defraud Car Dealers and LendersRead the Press Release
Baltimore, Maryland – Sean Stanley Jackson, age 44, of Baltimore, pleaded guilty today to wire fraud and money laundering charges as the leader of a scheme to defraud auto dealers and lenders in Anne Arundel, Howard, Baltimore and Montgomery counties. Co-defendants Erika Patrice Ryles, age 35, of Baltimore; and Walter Jermaine Perry, III, age 39, of Owings Mills previously pleaded guilty to their roles in the scheme.
The guilty pleas were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Chief Terrence B. Sheridan of the Baltimore County Police Department; and Commissioner Kevin Davis of the Baltimore Police Department.
According to their plea agreements, from January 2010 to February 2016, Jackson, Ryles, and Perry conspired to make false representations on loan applications to lenders in order to obtain loans to purchase vehicles from dealers, for which they were not financially qualified. Jackson and his co-conspirators organized and registered shell entities, including The Black Group LLC, which they used to make false representations in loan applications. For example, the conspirators falsely represented that The Black Group was a legitimate, thriving business with millions of dollars in annual revenues. To support their false representations, the defendants created fake documents, including paystubs, bank account statements, utility bills and corporate tax returns and schedules for the shell entities, which they submitted with auto loan applications, and to banks and other lenders.
Jackson admitted that on December 5, 2013, he sent a message to Ryles asking her to create a fake bank account statement showing specific deposits and balance, which she did. Jackson and another co-conspirator, who was an elderly family member, then used the fraudulent bank statement to apply for loans on behalf of The Black Group on two different 2014 Ford F450 trucks, a Chevrolet Express Van, and a 2009 Audi A8. After obtaining more than $246,349 to purchase the four vehicles, Jackson and the co-conspirator defaulted on the loans, causing losses to the lender. In June 2014, Ryles again prepared false bank statements at Jackson’s request. Jackson and the co-conspirator then used the false bank statement in support of a loan application to purchase a 2006 5900i International Dump Truck. After receiving the financing to purchase the dump truck, Jackson and the co-conspirator again defaulted on the loan, causing a loss to the lender.
Jackson also used The Black Group to launder proceeds he obtained from the sale of a 2012 Chevrolet Avalanche. On May 10, 2012, Jackson submitted a false loan application and obtained $63,067.38, to finance the purchase of a 2012 Chevrolet Avalanche. After a few months, Jackson stopped making payments on the loan and the lender attempted to repossess the vehicle, but was unsuccessful since Jackson did not live at the address he provided on the loan application. Jackson continued using the vehicle. On November 29, 2014, Jackson went to a title shop in Maryland and presented a Mississippi title for the Avalanche which reflected that the vehicle had been sold to The Black Group on November 24, 2014, by the original owner, Thomas Mack, and that the vehicle did not have any outstanding liens. In order to conceal the true ownership of the vehicle, Jackson used the Mississippi title to obtain a Maryland MVA title on the Avalanche in the name of The Black Group. On December 15, 2014, Jackson, acting as a representative of The Black Group, sold the Avalanche to a car dealership in Maryland for $34,000, receiving a check in that amount made payable to The Black Group.
The next day, Jackson directed Perry to open two bank accounts representing that Perry owned a company called “Black Group,” and had Perry deposit the check from the sale of the Avalanche into one of those accounts. On December 18, 2014, at Jackson’s direction, Perry use the funds in that account to purchase three cashiers’ checks totaling $23,000, each made payable to Jackson. In addition, Perry withdrew $8,000 in cash and gave the money to Jackson. On January 9, 2015, Jackson had Perry purchase the Avalanche from the dealership where he’d sold it. At Jackson’s direction, Perry applied for a loan to purchase the vehicle, falsely stating that he was president of the Black Group LLC. Jackson provided Perry with two fake pay stubs, which Perry used as part of his loan application.
As a result of his conduct, Jackson caused a loss of at least $250,000 to lenders and car dealers. As part of their plea agreements, Jackson, Ryles and Perry are required to pay restitution in the full amount of the loss, which will be determined by the Court.
Jackson and Ryles each face a maximum sentence of 20 years in prison for wire fraud conspiracy. Jackson and Perry face a maximum sentence of 20 years in prison for money laundering. Chief U.S. District Judge Catherine C. Blake scheduled sentencing for Jackson on April 28, 2017 at 10:30 a.m.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the IRS - Criminal Investigation and Baltimore County and City Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Phil Selden and Dana J. Brusca, who are prosecuting the case.
Lawson Man Charged with Illegal Pipe BombRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lawson, Mo., man was charged in federal court today with illegally possessing a pipe bomb.
Josh Louis Dubrel, 20, of Lawson, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo. Dubrel, who was arrested today, remains in federal custody pending a detention hearing scheduled for Tuesday, Jan. 31, 2017.
Today’s criminal complaint alleges that Dubrel possessed a pipe bomb that was not registered to him. The complaint describes the pipe bomb as “a six to eight-inch-long, one-inch nominal diameter metal pipe with metal end caps attached, containing explosive material, complete with a green pyrotechnic fuse extending out the top opening.”
According to an affidavit filed in support of the complaint, Dubrel has been making and storing pipe bombs at his residence, which is directly across the street from Lawson High School and Lawson Middle School.
Law enforcement officers executed a search warrant at Dubrel’s residence today and placed him under arrest. During a search of the residence, officers discovered a brown briefcase in Dubrel’s bedroom that contained a completed metal pipe bomb as well as five metal pipe nipples, five metal end caps, a pyrotechnic fuse, plumber putty, an electronic firing system, two light bulbs, and apparent explosive material.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Adam Caine and Justin Davids. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Las Vegas Woman Sentenced for Filing over 80 False Tax ReturnsRead the Press Release
LAS VEGAS, Nev.—A Las Vegas woman was sentenced Wednesday to eight months in prison, eight months of home confinement, and three years of supervised release for filing 83 false tax returns totaling approximately $450,000, announced U.S. Attorney Daniel G. Bogden of the District of Nevada and Special Agent in Charge Tara Sullivan of the Internal Revenue Service.
“The defendant defrauded the U.S. Government and taxpayers each time she filed a false income tax return,” said U.S. Attorney Bogden. “This sentencing shows that such greed based criminal behavior does come with a cost. We will continue to pursue individuals who commit tax fraud in Nevada.”
"The sentencing of Roxanne Pitts reflect the continued efforts of IRS Criminal Investigation to prosecute those stealing from the government," said SAC Sullivan.
Roxanne Pitts, 51, was charged by a criminal information and pleaded guilty to conspiracy to defraud the government with respect to claims on Oct. 16, 2016.
According to the plea agreement, Pitts admitted that, from June 2011 to about Feb. 2013, she conspired with others to file 83 false U.S. Individual Income tax returns with the IRS. She obtained the identities of deceased individuals through genealogy websites and placed fictitious amounts of wages, withholding, and various deductions on the false tax returns. Pitts electronically filed the false tax returns and directed the IRS to deposit the fraudulent income tax refunds onto pre-paid debit cards that she had obtained in the names of the deceased individuals. In some instances, she directed the IRS to mail U.S. Treasury checks to various Las Vegas addresses. She paid others to receive the checks and to cash the U.S. Treasury checks that she and others fraudulently obtained from the U.S. Treasury.
The case was investigated by the IRS and prosecuted by Assistant U.S. Attorney Nicholas Dickinson.
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Las Vegas Resident Charged with Murder in Aid of RacketeeringRead the Press Release
SAN FRANCISCO- A federal grand jury indicted Las Vegas resident Wen Bing Lei, aka Raymond Lei, aka Black Raymond, aka Skinny Raymond, for murder in aid of racketeering, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. According to the indictment filed today, the defendant was a member of the Chee Kung Tong (CKT), a predominantly Chinese-American association based in San Francisco’s Chinatown. The indictment accuses Lei, 50, of aiding, abetting, and causing the death of Allen Leung, one of the association’s previous leaders.
According to the indictment, the CKT is an organization formed in the late 1800s primarily for civic purposes. The indictment alleges that while some of CKT’s members are involved strictly in legal functions and activities of the organization, other members were involved in illegal activities including narcotics distribution, assault, robbery, extortion, collection of unlawful debts, murder for hire, money laundering, trafficking in stolen goods, illegal firearms possession, and obstruction of justice. The indictment further alleges that members protected and expanded the enterprise’s criminal operation by using violence, including murder, solicitation to commit murder, assaults, intimidation, and threats of violence directed against those who would act against CKT, its members, and its associates. Allegedly, on February 27, 2006, Lei conspired with other members of CKT to aid, abet, and commit the murder of Allen Leung. Among the purposes listed in the indictment for Lei’s involvement in the murder is to gain entrance to, and to maintain and increase his position in, the CKT. Lei is charged with one count of murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1).
Lei currently is in the custody of the Bureau of Prisons on other charges and will be transported to the Northern District of California to make his initial appearance before U.S. Magistrate Judge Sallie Kim on January 31, 2017.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a mandatory minimum sentence of life in prison. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney William Frentzen is prosecuting the case with the assistance of Bridget Kilkenny. The prosecution is the result of an investigation by the FBI.
Las Vegas Man Sentenced to Nearly Six Years for Possession with Intent to Distribute Heroin and MethamphetamineRead the Press Release
LAS VEGAS, Nev.— A Las Vegas man was sentenced today by U.S. District Judge Robert C. Jones to 70 months in prison and four years of supervised release for possession with intent to distribute 400 grams of heroin and methamphetamine, announced U.S. Attorney Daniel G. Bogden of the District of Nevada.
“The defendant concealed the drugs in his vehicle with the intent to avoid law enforcement detection,” said U.S. Attorney Bogden. “We remain committed to working with the DEA and other law enforcement partners in keeping dangerous drugs off our streets.”
Paulino Rafael Quirazco-Valencia, 30, pleaded guilty to possession with intent to distribute a controlled substance. Co-defendant Arnold Gutierrez, 30, of Las Vegas, pleaded guilty to two-counts of possession with intent to distribute a controlled substance. Gutierrez was sentenced to 24 months in prison per count to run concurrent. They were indicted on Feb. 9, 2016.
According to court documents, in January 2016, during an ongoing investigation into the distribution of drugs, DEA Special Agents observed Quirazco-Valencia and Gutierrez manipulating the driver’s side area inside a vehicle parked at an apartment complex and acting in a manner consistent with drug trafficking. They drove off in the vehicle and were stopped by law enforcement. After obtaining consent to search the vehicle, officers located approximately 277 grams of heroin in the center console and a Sig Sauer .38 caliber handgun underneath the front middle seat. The drugs were found in colored balloons and baggies of various sizes consistent with drug distribution. Quirazco-Valencia was arrested and stated that the drugs in the vehicle belonged to him and he was delivering them to a customer. He consented to the search of his residence. The total amount of drugs and money seized from the traffic stop and residence was 395.4 grams of heroin, 4.6 grams of methamphetamine, and $19,290 in cash.
The case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Brandon Jaroch.
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Kaysville CPA Pleads Guilty to Tax Evasion and is Sentenced to PrisonRead the Press Release
SALT LAKE CITY – David Brian Bybee, age 56, of Kaysville, Utah, a Utah businessman and CPA, pleaded guilty Wednesday afternoon to one count of attempt to evade and defeat payment of taxes, U.S. Attorney John W. Huber announced today.
According to the plea agreement, Bybee managed and controlled several companies from his home in Kaysville or at other business addresses in Davis County. Bybee hired and managed employees for the Bybee companies. His duties included generating revenue, keeping books and records, paying expenses, making employee payroll, withholding and paying over taxes from employee payroll, and filing all required business returns. The Bybee companies offered various services, including membership in various business professional associations and groups, along with bookkeeping, accounting, and tax management training and services.
As a part of the plea agreement executed Wednesday, Bybee admitted he formed the National Association of Certified Bookkeepers, LLC (NACPB) on or about July 21, 2006, with himself and D.B. as its only members. From at least Jan. 7, 2007, to Aug. 7, 2008, NACPB held a business account at Wells Fargo Bank. Bybee and D.B. were the only authorized signers on the Wells Fargo account. Bybee also formed the National Bookkeepers Association, LLC (NBA) about Jan. 9, 2008, listing his sons, B.B. and L.B., as NBA’s only members. From Jan. 16, 2008, to at least March 1, 2016, NBA held a business account at America First Credit Union. B.B. and L.B. were the only authorized signers on the account. Revenues generated by the two associations were received primarily through credit card sales deposited into the Wells Fargo and America First Credit Union accounts.
Bybee further admitted, as a part of the plea agreement, that he and D.B. filed a Form 1040 joint personal return with the IRS for tax years 2000 through 2002 and 2005 through 2009, and for which the IRS assessed Bybee $153,569.41 as of March 14, 2011. Bybee admitted he had willfully failed to pay those taxes due and owing the United States.
During the period from 2008 to 2011, substantial revenues from credit card sales were deposited into the America First Credit Union account, Bybee admitted as a part of the plea agreement. Despite not being an authorized signer on the account, Bybee controlled significant electronic funds transfers out of the account for, among other things, various personal expenditures. The expenditures included a mortgage, cars, jet skis, and a boat. He also admitted that on many occasions, he also issued checks from the America First Credit Union Account, signing B.B.’s signature on the checks. In taking or causing these acts, Bybee acknowledged he acted willfully, intending to evade and defeat payment of tax due and owing the United States.
District Judge Dee Benson also accepted and imposed a stipulated sentence of 12 months and one day during Wednesday’s hearing. Bybee also agreed to pay $469,381.19 in restitution. This figure includes individual income tax obligations totaling $370,661.96 and $98,719.23 in payroll tax obligations. The $98,719.23 stems from Bybee’s failure, as a person with corporate responsibilities, to deduct and collect payroll taxes, deposit payroll taxes with the IRS, and truthfully account for payroll taxes to the IRS for several companies he controlled. Bybee will be on supervised release for 36 months when he finishes his prison sentence. He was ordered to report to the Bureau of Prisons to begin serving his sentence at noon on March 22, 2017.
The case was prosecuted by the U.S. Attorney’s Office in Salt Lake City and investigated by special agents of IRS-Criminal Investigation.
Jefferson County Men Convicted of Drug Trafficking Charges in Federal CourtRead the Press Release
BEAUMONT, Texas – Acting U.S. Attorney Brit Featherston announced today that three Beaumont men have been convicted by a jury following a three-day trial and lengthy investigation into drug trafficking in the Eastern District of Texas.
Kristopher George Ardoin, 30; Kody Dwayne Ardoin, 22; and Zerrick Edward Walker, 32; were found guilty of conspiracy to possess with intent to distribute 280 grams or more of crack cocaine. The verdict was reached by a jury late on Jan. 25, 2017 following a trial before U.S. District Judge Marcia Crone. Kristopher Ardoin was also found guilty of a firearms conspiracy.
According to information presented in court, for over a decade the Ardoin family and others openly distributed crack cocaine from their home at 1107 Avenue A in Beaumont. In the last ten years, the Beaumont Police Department has received over 2,000 calls for service to the neighborhood block controlled by the Ardoin organization, including approximately 139 calls to the crack house itself. An estimated 280 grams of crack cocaine is believed to have been distributed from the location during this time. A federal grand jury returned a four-count indictment on May 4, 2016 charging 13 individuals with federal drug and firearms violations. The other ten defendants have already pleaded guilty to their crimes.
"This is a great example of federal, state and local law enforcement coming together to make the community a safer place to live,” said Acting U.S Attorney Featherston. “I appreciate the hard work of the investigators and prosecutors who worked day and night to put this case together."
Under federal statutes, the defendants each face a minimum of 10 years and up to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the U.S. Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Beaumont Police Department. The U.S. Marshals Service also assisted in today’s law enforcement activities. This case was prosecuted by Assistant U.S. Attorneys Lesley A. Woods and Robert L. Rawls.
Huntsville Man Sentenced to Nearly Four Years in Prison for $600,000 Tax Fraud SchemeRead the Press Release
HUNTSVILLE – A federal judge today sentenced a Huntsville man to nearly four years in prison for his scheme to have more than $600,000 in fraudulent federal and Washington, D.C., tax refund checks deposited into his bank accounts.
U.S. District Judge Abdul K. Kallon sentenced MARTIN TYRONNE WOODS, 36, to three years and 10 months in prison on one count of theft of government property. Woods pleaded guilty in October. He already is in custody.
Acting U.S. Attorney Robert O. Posey, IRS Special Agent in Charge Veronica Hyman-Pillot, FBI Special Agent in Charge Roger C. Stanton, District of Columbia Chief Financial Officer Jeffrey S. DeWitt, and D.C. Office of Tax and Revenue Criminal Investigation Division Chief Gilbert R. Garza announced the sentence.
“Tax fraud and attempted tax fraud are an increasingly serious problem and criminals are becoming more skillful at committing this type of crime,” Posey said. “The U.S. Attorney’s Office is fortunate to work with law enforcement partners who are adept at identifying and investigating such fraud, and we will continue to prosecute criminals who steal from the government and the taxpayers.”
“Every taxpayer is affected by refund fraud when tax dollars are stolen from the government,” Hyman-Pillot said. “Martin Woods learned the hard way that participating in refund schemes and stealing taxpayer funds will result in punishment.”
“I want to express my appreciation to my agents and to our IRS-Criminal Investigation partners for their hard work in bringing Mr. Woods to justice,” Stanton said. “The FBI will continue to work with our partners to hold accountable those who defraud the government.”
Garza expressed his gratitude to IRS-Criminal Investigation, the FBI and the U.S. Attorney’s Office for the Northern District of Alabama for their partnership in the investigation.
DeWitt said, “The D.C. Office of Tax and Revenue will vigorously pursue justice against individuals who commit stolen identity theft and tax fraud. As chief of the Criminal Investigation Division for Washington, D.C., we are committed to tracking down these criminals who steal money from the government and thus harm the honest taxpayers and the communities we serve.”
From September 2012 through April 2013 in Madison County, Woods and others, not named in the court documents, submitted the fraudulent federal and District of Columbia tax refund checks for deposit into Woods’ bank accounts. Many of the refunds were in the names of deceased individuals, according to the government’s sentencing memorandum.
The IRS and FBI investigated the case, which Assistant U.S. Attorney Russell E. Penfield prosecuted.
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Holt Man Sentenced for Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Holt, Mo., man was sentenced in federal court today for sharing child pornography over the Internet.
Jeffrey T. Pachl, 54, of Holt, was sentenced by U.S. District Judge Howard F. Sachs to eight years in federal prison without parole.
On July 25, 2016, Pachl pleaded guilty to attempting to distribute child pornography over the Internet. He admitted that he used peer-to-peer file-sharing software to share images of child pornography over the Internet. An FBI agent identified Pachl’s computer as making child pornography available for other users to download and FBI agents executed a search warrant at his residence on April 18, 2014. Agents seized two desktop computers, an external hard drive and seven USB drives from the residence.
Agents contacted Pachl at his workplace and interviewed him. Pachl admitted that he used a desktop computer in the basement office of his home to search for and download child pornography, and that he had been using the file-sharing program for approximately 10 years.
Investigators found more than 27,000 images and more than 300 videos of child pornography on the USB drives. Several dozen images of child pornography were located on the computers and external drive, including images of bondage and torture, many of prepubescent victims. Evidence was located related to extensive Internet browsing of files indicating access to hundreds of files of possible child pornography.
Pachl also used an alias to communicate with females via Facebook. Investigators discovered numerous messages with females, most of whom appeared to be under the age of 18. Pachl discussed sexual photos with most of the females and asked for additional photographs from many of them. Agents also discovered Pachl’s e-mail account, which he used to receive photographs and spoke explicitly via e-mail with a person who claimed she was 14 years old.
Under the terms of his plea agreement, Pachl must pay restitution to six victims who have petitioned for restitution from every person who received or possessed pictures of their childhood sexual abuse. Pachl must pay $5,000 in restitution to each victim, or $3,000 to each victim if he can pay within 30 days.
This case was prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."