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13 March 2017
U.S. Attorney A. Lee Bentley, III of the Middle District of Florida Announces ResignationRead the Press Release
Tampa, Florida – A. Lee Bentley, III, United States Attorney for the Middle District of Florida, announced today that he will step down from his post on March 13, 2017. Mr. Bentley has tendered his resignation to President Donald J. Trump and Attorney General Jeff Sessions.
“Serving for the past four years as United States Attorney has been a humbling experience. I have been privileged to serve with many of the finest lawyers in the country on criminal and civil matters of critical importance to the citizens of the Middle District of Florida. I am extremely grateful to my colleagues and to our partners in federal, state, and local law enforcement.”
Mr. Bentley has been an Assistant United States Attorney in the Middle District of Florida since 2000. During that time, he served as First Assistant to former United States Attorney Robert E. O'Neill and Chief of the Criminal Division. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, D.C. as an associate (1990-1992) and a partner (1993-2000). Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney Advisor in the Office of Legal Counsel, Department of Justice (Washington, D.C.), a law clerk to Hon. Lewis F. Powell, Jr., United States Supreme Court (Washington, D.C.), and a law clerk to Hon. Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit (Greenville, South Carolina). He graduated with highest honors from the University of Georgia (1980) and the University of Virginia School of Law (1983). Mr. Bentley was nominated by President Barack Obama on June 19, 2014, and confirmed by the U.S. Senate on December 16, 2014.
During Mr. Bentley’s tenure as U.S. Attorney, the Office indicted over 4,200 cases and charged more than 5,500 defendants in criminal conduct impacting the Middle District of Florida (MDFL). The Office also handled nearly 1,000 criminal and civil appeals, and defended the United States in thousands of civil cases. Additionally, operating with an annual budget of approximately $28 million, the MDFL collected more than $1.2 billion in criminal and civil actions between 2014 and March 2017. These recoveries are part of ongoing efforts to recover money and assets from criminals, and to seek restitution for crime victims.
As U.S. Attorney, Mr. Bentley oversaw complex cases involving some of the nation’s highest priorities and Department of Justice initiatives, including:
- Terrorism
- Violent Crime & Gangs
- Health Care Fraud
- Human Trafficking and Child Exploitation
- Civil Rights
- Ex-Offender Re-Entry
The Middle District of Florida serves 35 of the 67 counties in Florida, which is over half the population of Florida, from Jacksonville in the north, Orlando in the center of the state, through Tampa on the west coast, and south to the Ft. Myers area. Headquartered in Tampa, five offices are located throughout the district.
U. S. Attorney Tarver Resigns; Acting U.S. Attorney AppointedRead the Press Release
Savannah, GA- Edward J. Tarver resigned effective March 11, 2017 as the United States Attorney for the Southern District of Georgia. Mr. Tarver had served in that office since December of 2009. James D. Durham assumed leadership of the office as Acting United States Attorney. Mr. Durham has been First Assistant United States Attorney since January of 2010. Mr. Durham has been with the office since March of 2002.
Acting U.S. Attorney Durham said, “As a Captain in the Army, a federal judicial law clerk and as a United States Attorney, Ed Tarver served the American people with honor and distinction for over 20 years. We thank Mr. Tarver for his great work on behalf of the Southern District of Georgia, and we wish him the very best as he begins the next chapter of his distinguished career.”
09-17
Two heroin dealers plead guilty to federal drug crimesRead the Press Release
HUNTINGTON, W.Va. – Two drug dealers pleaded guilty today to federal heroin crimes, announced United States Attorney Carol Casto. Romeo Devon Marbury, 29, of Detroit, entered his guilty plea to distribution of heroin. In a separate prosecution, Miana Miller, 20, of Huntington, entered her guilty plea to distribution of heroin.
Marbury admitted that on February 4, 2016, members of the DEA Task Force used a confidential informant to make a controlled acquisition of a free sample of approximately five grams of heroin at the Family Dollar on 5th Avenue in Huntington. Marbury additionally admitted that he provided the free sample of drugs to secure future sales. Marbury further admitted that he participated in additional sales of heroin to the confidential informant on February 24, March 3, and March 16, 2016, either by personally distributing the heroin or arranging for another individual to distribute the heroin. Marbury faces up to 20 years in federal prison when he is sentenced on June 19, 2017.
In a separate prosecution, Miller admitted that on September 15, 2015, she sold heroin to a confidential informant working with the Huntington FBI Drug Task Force. The drug deal took place at the corner of 9th Street West and Monroe Avenue in Huntington. Miller also admitted that she was involved in two additional sales of heroin to the same confidential informant on September 24 and October 21, 2015. On May 15, 2015, law enforcement conducted a search of Miller’s residence on 9th Avenue in Huntington and found approximately 83 grams of crack in the pocket of a coat in Miller’s bedroom. Law enforcement also discovered a loaded firearm in another bedroom of the home. Furthermore, Miller admitted that from October 3, 2015, to February 19, 2016, she leased a residence located at 1438 Lynn Street in Huntington in her name for another individual. Miller admitted that she did not live at that location and that the residence was unoccupied. Miller additionally admitted that the residence was used as a “stash house” to store drugs. In a search of that location on February 19, 2016, law enforcement seized 98 grams of crack and 11 grams of heroin. Miller faces up to 20 years in federal prison when she is sentenced on June 19, 2017.
The DEA Task Force conducted the investigation of Marbury. The investigation of Miller was conducted by the Huntington Police Department and the Huntington FBI Drug Task Force. Assistant United States Attorney R. Gregory McVey is responsible for these prosecutions. The plea hearings were held before Chief United States District Judge Robert C. Chambers.
These cases were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Toledo woman accused of embezzling $42,000 from bankRead the Press Release
A Toledo woman was indicted after embezzling more than $42,000, said Acting U.S. Attorney David A. Sierleja.
Martina Monaco, 28, worked at Fifth Third Bank. She embezzled $42,393 from a bank customer’s account, which she used to pay her landlord, buy investment certificates of deposit that she quickly cashed out, and engaged in other fraudulent bank activity, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendants’ prior criminal record, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigating by U.S. Secret Service. It is being prosecuted by Assistant U.S. Attorneys Tracey Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Toledo man indicted for armed robbery of storeRead the Press Release
A Toledo man with a history of armed robberies was indicted in federal court for using a firearm to rob a store last month, Acting U.S. Attorney David A. Sierleja, FBI Special Agent in Charge Stephen D. Anthony and Toledo Police Chief George Kral said.
Eugene Coley, 49, was indicted on three counts: robbery in violation of the Hobbs Act, brandishing a firearm during a crime of violence and being a felon in possession of a firearm.
Coley robbed the Stop and Shop at 1719 Lagrange Street in Toledo on Feb. 1. He brandished a Sturm, Ruger 9 mm pistol during the robbery. Coley was forbidden from having a firearm because in 2002 he was convicted of two counts of aggravated robbery with a firearms specification, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendants’ prior criminal record, the defendants’ role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigating by the Federal Bureau of Investigation and Toledo Police Department. It is being prosecuted by Assistant U.S. Attorneys Tracey Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Superseding Indictment Returned in Cairo, Illinois Bank Robbery CaseRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that a superseding indictment was returned by a federal grand jury in Benton, Illinois, in the case regarding the May 2014 attempted robbery of the First National Bank in Cairo, Illinois,
A seven count superseding indictment was returned against James Nathaniel Watts, 32, of Cairo, IL, Otha D. Watkins, III, 33, of Cairo, IL, and Sharita S. Tipler, 30, of Ullin, IL.
Count 1 charges Watts with attempted armed bank robbery resulting in death. The indictment alleged that during the commission of his attempted robbery of the First National Bank in Cairo on May 15, 2014, Watts killed Anita Grace and Nita Smith, and critically injured a third bank employee.
Count 2 charges that on May 15, 2014, Watts was a convicted felon in possession of a .380 caliber semi-automatic pistol which had previously traveled in interstate commerce.
Count 3 charges that on May 15, 2014, Watkins did aid and abet James Nathaniel Watts, in the attempted armed bank robbery which resulted in the deaths of Anita Grace and Nita Smith (Count 1 above).
Count 4 charges that on May 16, 2014, in Alexander County, IL, Watkins did knowingly
and willfully make a materially false statement in a matter within the jurisdiction of the executive branch of the government of the United States, by making false statements to a Special Agent of the FBI.
Count 5 charges that from on or about May 4, 2014, to on or about May 17, 2014, in Alexander County, IL, Watkins was a convicted felon who knowingly possessed a Ruger 9mm pistol which had previously traveled in interstate commerce.
Count 6 charges that on or about May 12, 2014, in Alexander County, IL, Watkins did conspire and agree with James Nathaniel Watts, and others known and unknown to the grand jury, to commit robbery, which robbery would obstruct, delay, and affect interstate commerce, in that they agreed to take United States currency belonging to McDonalds restaurant, in Charleston, Missouri, from employees of the McDonalds restaurant, in their presence and against their will by means of actual and threatened force, violence and fear of injury to their person, by brandishing a firearm.
Count 7 charges that from on or about May 15, 2014, to on or about May 17, 2014, in Alexander County, IL, Tipler did knowingly dispose of a firearm (i.e., transferred a firearm), a Ruger 9mm pistol, to Otha Don Watkins, III, knowing and having reasonable cause to believe that Otha Don Watkins, III, was a convicted felon.
Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
With respect to Count 1, the possible penalties are death or a mandatory sentence of life imprisonment without the possibility of parole.
With respect to Count 2, the possible penalties are up to 10 years of imprisonment, a $250,000 fine, and up to 3 years of supervised release to follow any term of incarceration imposed.
With respect to Count 3, the possible penalties are death or a mandatory sentence of life imprisonment without the possibility of parole.
With respect to Count 4, the possible penalties are up to 5 years of imprisonment, a $250,000 fine, and up to 3 years of supervised release to follow any term of incarceration imposed.
With respect to Count 5, the possible penalties are up to 10 years of imprisonment, a $250,000 fine, and up to 3 years of supervised release to follow any term of incarceration imposed.
With respect to Count 6, the possible penalties are up to 20 years of imprisonment, a $250,000 fine, and up to 5 years of supervised release to follow any term of incarceration imposed.
With respect to Count 7, the possible penalties are up to 10 years of imprisonment, a $250,000 fine, and up to 3 years of supervised release to follow any term of incarceration imposed.
Watts has been in custody since May 15, 2014.
Watkins is in custody and has an initial appearance set for March 21, 2017, in the United States Courthouse in Benton, Illinois.
Tipler was arrested and had an initial appearance on March 13, 2017. Tipler is in custody and has a bond hearing scheduled for March 14, 2017, at the United States Courthouse in Benton, Illinois.
The case is being prosecuted by Assistant United States Attorneys James M. Cutchin, George A. Norwood, and Jeffrey A. Zick.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Illinois State Police, and numerous other law enforcement agencies.
Statement from U.S. Attorney Deirdre M. DalyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that she will continue to serve as U.S. Attorney.
“I thank the Attorney General and the Administration for affording me the opportunity to remain as the U.S. Attorney for the District of Connecticut so that I might complete 20 years of service to the Department of Justice in October,” said U.S. Attorney Daly. “I look forward to continuing to work on behalf of the residents of Connecticut in my remaining time, and I will focus on an orderly transition as I complete what has been a rewarding tenure in the Office.”
Daly has served as the U.S. Attorney, including in an acting or interim capacity, since May 14, 2013. From July 2010 to May 2013, she was the First Assistant U.S. Attorney during which time she assisted in the oversight of both the Criminal and Civil Divisions. From 1985 to 1997, Daly was an Assistant U.S. Attorney in the Southern District of New York, where she prosecuted a wide range of cases from racketeering and murder to corruption and fraud, and later served as the Assistant-In-Charge of White Plains Office for three years. She also served as a law clerk to Honorable Lloyd F. MacMahon, U.S. District Judge for the Southern District of New York, from 1984 to 1985.
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The Office is composed of approximately 65 Assistant U.S. Attorneys and approximately 52 staff members at offices in New Haven, Hartford and Bridgeport.
For more information about the U.S. Attorney’s Office for the District of Connecticut, please visit www.justice.gov/ct.
Statement by Acting U.S. Attorney James D. Tierney on the Fatal Shooting of Navajo Tribal Police Officer Houston LargoRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney released the following statement regarding yesterday’s fatal shooting of Houston Largo, a Police Officer with the Navajo Nation Division of Public Safety, who was commissioned as a Special Federal Officer by the BIA’s Office of Justice Services:
“Officer Houston Largo was a dedicated law enforcement officer and a courageous public servant. Officer Largo leaves behind an enduring legacy that will live on in the lives he touched through the work that the BIA, the Navajo Nation Division of Public Safety and all tribal police officers continue to perform to safeguard and protect our tribal communities. His loss is a tragic reminder that the work of our law enforcement officers is profoundly heroic and deserving of our most emphatic support. The thoughts and prayers of the law enforcement community are with Officer Largo’s family and loved ones during this difficult time. And as we go forward, the U.S. Department of Justice and the U.S. Attorney’s Office intend to honor his service and his sacrifice by continuing to fight for the values he protected every day, and to protect the tribal communities for whom he gave his life.”
Statement Regarding Northern Indiana Operating StatusRead the Press Release
The United States Attorney’s Office announced that Clifford D. Johnson is now the Acting United States Attorney.
The Vacancies Reform Act (VRA), 5 U.S.C. § 3345(a)(1), provides that when a presidentially appointed U. S. Attorney resigns, the First Assistant U.S. Attorney (“FAUSA”) of that office automatically becomes Acting U.S. Attorney. As a result of David J. Capp’s resignation, Clifford D. Johnson is now the Acting United States Attorney for the Northern District of Indiana.
Mr. Johnson has held the FAUSA position since August 2007. He joined the U.S. Attorney’s office as a Civil Assistant United States Attorney (“AUSA”) in January 1986. Before becoming the FAUSA, he was the office’s Civil Division Chief. Prior to joining the U.S. Attorney’s Office, from August 1980 until December 1985, he was employed as a trial attorney in the Employment Litigation Section of the Department of Justice’s Civil Rights Division. He earned his B.A. degree from Valparaiso University in May 1976 and his law degree (Juris Doctor) from Valparaiso University School of Law in May 1980.
The office looks forward to continued cooperation with federal, state and local law enforcement agencies in our joint effort to promote public safety throughout the Northern District of Indiana.
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Statement by Attorney General Sessions on Fatal Officer Shooting in New MexicoRead the Press Release
Attorney General Jeff Sessions today issued the following statement regarding Sunday’s fatal shooting in New Mexico:
“We are all saddened to learn of the death on Sunday of Navajo Nation Officer Houston Largo, who was shot and killed while responding to a domestic violence call. This dedicated young officer chose a life of service to others, despite knowing that each time he put on his badge he might not come home safely. His death reminds us once again that our men and women in law enforcement willingly face danger each day to protect us all – and for this, they deserve our lasting gratitude, respect and support. Our U.S. Attorney’s Office for the District of New Mexico and the FBI are working closely with state and tribal authorities to investigate this tragic incident and ensure that the killer of this brave officer faces justice. My thoughts and prayers, and those of the entire Department of Justice, go out to the family, loved ones and colleagues of Officer Largo.”
South Carolina Man Sentenced to 5 Years in Prison for Cocaine Trafficking SchemeRead the Press Release
ERIE, Pa. - A resident of Columbia, South Carolina, has been sentenced in federal court to 60 months in jail on his conviction of violating federal drug laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge David S. Cercone imposed the sentence on Jose A. Romero, 35, of Columbia, South Carolina.
According to information presented to the court, Romero conspired with two co-defendants to distribute and possess with intent to distribute five hundred grams or more of cocaine. According to information presented in court, in March 2014, investigators seized packaging material from a kilogram of cocaine in Erie, Pennsylvania. On March 20, 2014, investigators seized two ounces of cocaine after it had been sold by one of Romero’s co-conspirators.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended the EAGLE task force, which is comprised of members of the Federal Bureau of Investigation, the Pennsylvania Attorney General’s Office, Bureau of Narcotics Investigation and the Erie Police Department conducted the investigation leading to the successful prosecution of Romero.
Randy Seiler to Remain as U.S. Attorney for the District of South DakotaRead the Press Release
Under federal statute, the United States Attorney for the District of South Dakota, Randolph J. Seiler, will remain in his current appointed position until the President nominates and the U.S. Senate confirms his successor. Seiler has not been asked to tender his resignation.
Seiler assumed the duties of Acting U.S. Attorney for the District of South Dakota on March 12, 2015, when former U.S. Attorney Brendan Johnson resigned. In October of that same year, Seiler received the official nomination by President Barack Obama to be the 41st U.S. Attorney for the District of South Dakota. Pursuant to an order signed by then U.S. Attorney General Loretta Lynch on October 6, 2015, Seiler was sworn in that same day by U.S. District Judge Roberto A. Lange, at a ceremony at the U.S. District Courthouse in Pierre, South Dakota.
Seiler’s nomination was sent to the U.S. Senate for confirmation, but it was not acted upon in the allotted timeframe. Given that, federal statute 28 USC 546 – subsection (d) provides the U.S. District Court the authority to appoint a U. S. Attorney. Subsequently, Chief Judge Jeffrey L. Viken, U.S. District Court, ordered Randolph J. Seiler as the U.S. Attorney for the District of South Dakota, effective February 5, 2016. Statutorily, Seiler can remain in his position until it is filled by the new administration.
Seiler has been with the U.S. Attorney’s Office for over 20 years. From November 2009 to March 2015, Seiler served as both the First Assistant U.S. Attorney and the Tribal Liaison for the District of South Dakota. Prior to serving in those two capacities, Seiler was an Assistant U.S. Attorney, and he spent 14 years prosecuting violent crime offenses in Indian country and other areas throughout the state.
Seiler also served as counsel to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C., in 2008. He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of crimes in Indian country.
He has received the Attorney General's Award for Fraud Prevention, as well as the Director's Award for Superior Performance in Indian Country.
Plattsmouth Man Pleads Guilty to Bank FraudRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Mark A. Tincher, age 59 of Plattsmouth, pleaded guilty today to an Information charging him with one count of bank fraud, before the Honorable Laurie Smith Camp. If convicted, he faces a maximum of 30 years’ imprisonment, a $1,000,000 fine and three years of supervised release.
From approximately April 1, 2010, to approximately June 2, 2010, Tincher maintained separate checking accounts at Plattsmouth State Bank, Arbor Bank, Murray State Bank and Glenwood State Bank. Tincher conducted a scheme, known as check kiting, whereby he manipulated checks between the four banks to create artificially inflated bank balances through the utilization of float, then used the inflated bank balances for business purposes. When a check is drawn upon an account in one bank, presented for deposit at a second bank, and then transmitted to the bank of origin for payment, there is often a delay of a day or more between the time it was deposited and the time the check was ultimately presented to the bank of origin to be paid from available funds. The bank of origin still shows the money in the account and the bank in which the funds were deposited shows the same amount. That scenario is a float. Plattsmouth State Bank lost approximately $700,000.00 and Glenwood State Bank lost approximately $90,000.00 as part of Tincher’s scheme.
Sentencing has been set for June 12, 2017.
The case was investigated by the Federal Bureau of Investigation.
Peoria Man Convicted of Drug Trafficking, Gun CrimesRead the Press Release
PEORIA, Ill. -- Chief U.S. District Judge James E. Shadid has entered the judgment of conviction against a Peoria man, Demontae Bell, 34, for drug trafficking and gun offenses. Following a three-day bench trial last week before Judge Shadid, Bell was convicted on March 9, 2017, on two counts of distribution of cocaine, one count of possession of a firearm by a felon, and one count of possession of firearms in furtherance of a drug trafficking crime.
During trial, the government presented evidence to the court of drug transactions by Bell and Bell’s possession of stolen firearms in late 2014 to early 2015, which were sold in Peoria in exchange for drugs, including two AR-15 rifles, a Glock 17C pistol, and an AK-47 style rifle.Under federal statute, Bell faces a minimum of five years in federal prison at sentencing. Final sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
A sentencing hearing will be scheduled after completion of the presentence investigation by the U.S. Probation Office. Judge Shadid scheduled July 13, 2017, for a post-trial motions hearing and possible sentencing. Bell has remained in the custody of the U.S. Marshals Service since he was arrested on April 9, 2015.
This investigation was led by the FBI and the Safe Streets Task Force, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Peoria MEG (Multi-County Narcotics Enforcement Group), and the Pekin Police Department. Assistant U.S. Attorneys Ron Hanna and Adam Korn are prosecuting the case.Opioid & Heroin Addiction & Prevention Awareness Program Spring Schedule Set to LaunchRead the Press Release
PROVIDENCE – The United States Attorney’s Office announced today the launch of a busy Spring schedule of in-school presentations and community forums to address the growing epidemic of opioid and heroin addiction in Rhode Island, and the availability of prevention and treatment resources across the state.
Since September, the United States Attorney’s Office, in partnership with substance abuse prevention coalitions and student assistance counselors across Rhode Island, has participated in opioid and heroin addiction and prevention awareness community forums in Providence, South Kingstown, North Kingstown, Middletown, Woonsocket, Bristol, Cranston and Barrington, and in-school student programs in Providence, Portsmouth, Johnston, North Kingstown, Central Falls, North Providence, South Kingstown and Barrington.
On Thursday, March 16, the entire student body at Rogers High School in Newport will participate in a discussion about choices; view a screening of the powerful documentary Chasing the Dragon - an unscripted and real-life look at the devastation of opioid and heroin addiction; the personal story of a parent, Deborah Parente, who lost her only child to opioid and heroin addiction; and a presentation by a student assistance counselor about important information and resources available to students in-school and in the community.
Similar in-school programs have been calendared for students at Woonsocket High School on March 22, at Westerly High School on March 30, at Central Falls High School on April 6 and 11, at Mt. Hope High School in Bristol on April 13, and at Cumberland High School on May 16. Additional programs are being planned.
Community forums have been scheduled in Central Falls on March 22, and in Warwick on April 26, where, in addition to a discussion about the impact the epidemic is having across the state, a screening of Chasing the Dragon, and the personal stories of families impacted by addiction, a panel of medical, treatment, education, and law enforcement experts will engage in a discussion about the hard-truths of addiction and the importance of addiction treatment and prevention.
For program information or to schedule an opioid and heroin addiction and prevention awareness program, please contact the Substance Abuse and Prevention Coalition director in your community; Elizabeth Farrer at the R.I. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals at (401) 462-0644; or Jim Martin, Public Information Officer and Community Outreach Specialist at the United States Attorney’s Office at (401) 709-5357.
For information about in-school awareness programs, please contact a student assistance counselor in your community; Sarah Dinklage, Executive Director of R.I. Student Assistance Services at (401) 732-8680; or Jim Martin, Public Information Officer and Community Outreach Specialist at the United States Attorney’s Office at (401) 709-5357.
Assistance and information about treatment options for opioid addiction is available from a licensed counselor 24-hours a day, 7 days a week by calling Prevent Overdose RI at 942-STOP (942-7867).
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Omaha Man Sentenced for Robbery and Firearm ChargesRead the Press Release
Acting United States Attorney Robert Stuart announced that Robert M. Brannon, age 27, of Omaha, was sentenced today by the Honorable Laurie Smith Camp after having previously pleaded guilty to one count of interference with commerce by means of robbery and felon in possession of a firearm. He was sentenced to 6 years’ imprisonment, to be followed by 3 years of supervised release when his incarceration ends. He was also ordered to pay $3,139.82 in restitution.
On January 10, 2016, at approximately 8:50 p.m., Brannon entered the Dunkin Donuts at 10611 Fort Street, carrying what appeared to be a gun, and demanded the two employees open the safe. When they told him they couldn’t open it, he took approximately $150.00 from the cash registers. He then directed them to get in the freezer and closed the door behind them. They were able to call 911 and Omaha Police officers responded a short time later. Both employees were unharmed. Brannon was arrested two days later and had a different firearm in his possession. He had been convicted in Douglas County District Court in 2011 of delivery of a controlled substance, a felony. Felons are prohibited from possessing firearms.
Brannon was also believed to be involved in a December 23, 2015, robbery of the Dunkin Donuts at 2520 Old Cheney Road, in Lincoln and a December 27, 2015, robbery of the 10730 Q Street Dunkin Donuts in Omaha. There was insufficient evidence to charge him with those robberies but as part of Brannon’s guilty plea to the Fort Street robbery, he agreed to pay restitution for all three. Brannon had previously worked at the Lincoln and Q Street Dunkin Donuts locations prior to the robberies.
The case was investigated by the Omaha Police Department.
Ohio man sentenced to federal prison for gun crimeRead the Press Release
HUNTINGTON, W.Va. – An Ohio man was sentenced today to two and a half years in federal prison for a gun charge, announced United States Attorney Carol Casto. Stephen Hite Whitt, 30, of Scottown, previously pleaded guilty to being a felon in possession of a firearm.
Whitt admitted that on June 21, 2014, he pawned a Marlin Model 60, .22 caliber rifle for $50.00 at Tri-State Pawn and Jewelry, located on 29th Street in Huntington. Whitt also admitted that on June 22 and June 30, 2014, he pawned three other rifles at Tri-State Pawn and Jewelry – a Marlin Model .30-30 rifle, a Glenfield Model 60, .22 rifle, and an Old Colony single shot 12-gauge shotgun. Whitt was prohibited from possessing any firearm under federal law because prior to pawning the firearms, he had been convicted in 2007 of two counts of entering without breaking in the Circuit Court of Cabell County.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant United States Attorney R. Gregory McVey is in charge of the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
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Ohio County man sentenced for illegal possession of firearmsRead the Press Release
WHEELING, WEST VIRGINIA – Mark A. Simmons, 46, of Wheeling Island, West Virginia, was sentenced today in federal court to 15 months incarceration for illegally possessing firearms, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Simmons, who had previously been convicted of the felony offense of “Failure to Register or Provide Notice of Registration” in Marshall County, admitted to possessing a Beretta pistol in Ohio County in November 2016.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Wheeling Police Department investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Northern District of New York United States Attorney Richard S. Hartunian to Remain Through June of 2017Read the Press Release
ALBANY, NEW YORK – “The Attorney General has graciously permitted me to remain as United States Attorney for the Northern District of New York through June of 2017 so that I can complete twenty years of service to the Department of Justice,” announced United States Attorney Richard S. Hartunian. “We will work diligently to combat violent crime, promote border security, and otherwise fulfill the mission and implement the law enforcement priorities of the Department of Justice. I am very grateful to the Attorney General and the Administration for this opportunity to finish up a twenty-year career and I will do everything I can to assist in the orderly transition to my successor,” said Hartunian.
Mr. Hartunian became an Assistant United States Attorney in 1997. He served as the Northern District’s Narcotics Chief and Organized Crime Drug Enforcement Task Force Coordinator from 2006 until his appointment as United States Attorney in 2010. Prior to joining the U.S. Attorney’s Office, Hartunian served as an Assistant District Attorney in Albany County from 1990 to 1997, where his work on narcotics and violent crime cases led to his designation as a Special Assistant U.S. Attorney in 1994.
Non-Indian Man from Albuquerque Facing Charges for Assaulting Federal Officer on Isleta PuebloRead the Press Release
ALBUQUERQUE – Earlier today, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Jonathan D. Lueras, 30, of Albuquerque, N.M., with assaulting a federal officer. The Magistrate Judge also entered an order requiring Lueras to remain in custody pending trial.
According to the criminal complaint, Lueras, a non-Indian, was arrested on March 9, 2017, for assaulting an officer of the Isleta Pueblo Tribal Police Department, who is commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. Lueras allegedly committed the assault on the Isleta Pueblo in Bernalillo County, N.M., while resisting arrest and attempting to gain control of the officer’s firearm. During the alleged assault, Lueras struggled with the officer on the ground and attempted to flee several times.
If convicted of the charge in the criminal complaint, Lueras faces a maximum penalty of 20 years in federal prison. Charges in complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Isleta Pueblo Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services, and is being prosecuted by Assistant U.S. Attorney Joseph Spindle.
Nineteen People Indicted on Fraud Charges Related to Telemarketing EnterpriseRead the Press Release
St. Louis, MO – Nineteen defendants have been charged in federal court in connection with a multi-count indictment arising from their participation in a fraudulent telemarketing enterprise that often targeted elderly victims.
In October 2016, a grand jury returned an indictment against nine individuals living in the Phoenix, Arizona, area. Last month, a grand jury returned a superseding indictment against an additional ten defendants. The superseding indictment includes charges against individuals living in Missouri, Kansas and Nevada.
Defendants Michael McNeill, Joshua Flynn, Timothy Murphy, Shawn Casey, Thomas Silha, Jennifer Hansen, Dean Miller, Michael Silver, John Balleweg, Donald Schnock, Ashley Powell, Scott Shocklee, Jason Gallagher, Andre Devoe, Bruce Doll, Anthony Swiantek, Philip Hale, Cybill Osterman and Brian Phillips are alleged to have committed multiple offenses related to a fraudulent telemarketing scheme. The telemarketing enterprise sold false and fictitious business opportunities as part of scheme that reached across the United States and Canada and generated in excess of $20,000,000 in sales. The Phoenix, Arizona, based telemarketing enterprise operated under multiple business names and utilized multiple business entities over the course of the scheme, including Smart Business Pros LLC of Warson Woods, Missouri.
The charges include conspiracy to commit mail, wire and bank fraud; wire fraud; mail fraud; bank fraud; money laundering and conspiracy to commit money laundering. All nineteen defendants are scheduled to be arraigned today by Magistrate Judge Shirley Padmore Mensah on those charges.
If convicted of wire fraud or mail fraud in connection with telemarketing, a defendant faces up to 30 years in prison, a fine of $250,000 or both. If convicted of conspiracy to commit money laundering, a defendant faces up to 20 years in prison, a fine of $500,000 or both. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case is being investigated by the Office of the Arizona Attorney General, United States Postal Inspection Service, IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney Charles Birmingham is handling the case for the
U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Navajo Man from Kirtland Sentenced for Being Accessory After the Fact to March 2015 Voluntary ManslaughterRead the Press Release
ALBUQUERQUE – Maynard Shirley, 38, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced today in federal court in Albuquerque, N.M., to 42 months in prison followed by three years of supervised release for his conviction arising out of the March 21, 2015 death of a Navajo man.
According to court filings, Maynard Shirley and his brothers Elijah Shirley, 32, and Michael Shirley, 32, were charged with murdering a Navajo man and assaulting the murder victim’s father. The defendants committed the crimes on March 21, 2015, in Fruitland, N.M., in San Juan County, N.M. The three men were indicted on April 14, 2015, and charged with killing the victim by stabbing him with a knife, and assaulting the victim’s father with a dangerous weapon and causing him to suffer serious bodily injury.
Maynard Shirley pled guilty on Dec. 13, 2016, to a felony information charging him with being an accessory after the fact to the offense of voluntary manslaughter. In entering the guilty plea, Maynard Shirley admitted that from March 21, 2015 through March 23, 2015, he aided Elijah Shirley despite knowledge that Elijah Shirley had committed the crime of voluntary manslaughter. Maynard Shirley admitted helping Elijah Shirley by transporting him, securing housing for him, and burning his vehicle.
Elijah Shirley entered a guilty plea on Sept. 21, 2016, to a felony information charging him with voluntary manslaughter, and admitted stabbing and killing the victim in the heat of passion. Elijah Shirley was sentenced on Jan. 24, 2017, to 121 months in prison followed by three years of supervised release.
On Sept. 21, 2016, Michael Shirley also pled guilty to a felony information charging him with being an accessory after the fact, and admitted that after the victim was killed, he assisted Elijah Shirley by burning a BMW vehicle and Maynard Shirley by helping him secure housing and transportation. Michael Shirley was sentenced on Jan. 24, 2017, to 63 months in prison followed by three years of supervised release.
The case was investigated by the Farmington office of the FBI and the Shiprock and Kayenta offices of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Nicholas Marshall.
Meth Charge Nets Man 200 Months in PrisonRead the Press Release
Roanoke, VIRGINIA – Acting United States Attorney Rick A. Mountcastle announced today the sentencing of a man convicted of conspiring to distribute methamphetamine.
James Daniel Miller, 32, previously pled guilty to one count of conspiracy to distribute more than 500 grams of methamphetamine. Today in District Court, Miller was sentenced to 200 months in federal prison.
According to evidence presented to the court by Assistant United States Attorney Andrew Bassford, Miller, and others, conspired to distribute methamphetamine in the Western District of Virginia beginning no later than 2013 and continuing until about December 2015.
The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, Claytor Lake Task Force and the Smyth County Sheriff’s Office. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Man Pleads Guilty to Marijuana Cultivation Operation on Federal LandRead the Press Release
FRESNO, Calif. — Carlos Piedra-Murillo (“Piedra”), 30, a native and citizen of Mexico, entered a guilty plea today to conspiring to manufacture, distribute, and possess with intent to distribute marijuana in connection with a large-scale cultivation operation located in the Domeland Wilderness area in Tulare County in the Sequoia National Forest, United States Attorney Phillip A. Talbert announced. In pleading guilty, Piedra also agreed to make restitution to the U.S. Forest Service for the damage to public land and natural resources, including a prehistoric Tubatulabal Native American archaeological site, caused by his cultivation activities.
According to court documents, Piedra conspired with Juan Carlos Lopez, 32, of Lake Elsinore, California, Rafael Torres-Armenta (“Torres”), 30, and Javier Garcia-Castaneda (“Garcia”), 38, all citizens of Mexico, to cultivate marijuana in the Domeland Wilderness. The Domeland Wilderness is a federally-designated wilderness area about 55 miles northeast of Bakersfield and is known for its many granite domes and unique geologic formations. Law enforcement officers located over 8,000 marijuana plants at that location and seized fifteen pounds of processed marijuana, a .22 caliber rifle, a pellet rifle, and numerous rounds of .22 caliber ammunition.
The marijuana cultivation operation caused extensive environmental damage. It covered about 10 acres and was within the burned area of the 2000 Manter Fire. Some of the new vegetation and trees that sprouted after the fire had been cut and trimmed to make room for the marijuana plants. Water was diverted from a tributary stream of Trout Creek that supports trout. Fertilizer and pesticides, including illegal zinc phosphide, a highly toxic rodenticide from Mexico, were found at the site. Large piles of trash were found near the campsite. The northernmost area of the operation caused extensive damage to a large prehistoric Tubatulabal archaeological site. Holes were dug in the middle of the archaeological site and artifacts were found scattered on the surface among the marijuana plants.
This case is the product of an investigation by the U.S. Forest Service, Bureau of Land Management, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the California Department of Fish and Wildlife. Assistant United States Attorney Karen Escobar is prosecuting the case.
Piedra is scheduled for sentencing on June 5, 2017 in federal court in Fresno. Piedra faces faces a maximum statutory penalty of twenty years in prison and a $1,000,000 fine. Any sentence, however, would 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. The charges as to the co-defendants are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
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Maine Resident Sentenced to Five Years in Prison for Participating in A Multi-State Heroin Trafficking Conspiracy Based in StroudsburgRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stephon Davis, age 20, who resided in Maine at the time of his arrest, was sentenced Thursday to five years’ imprisonment by U.S. District Court Judge Malachy E. Mannion in Scranton, for his role in a heroin trafficking conspiracy that stretched from Stroudsburg to New York to Maine.
According to United States Attorney Bruce D. Brandler, Davis, who used the street name “Chicken,” previously admitted to conspiring with others to sell heroin between 2010 and 2015. Davis admitted distributing more than 100 grams of heroin during the conspiracy, which is approximately equivalent to more than 4,000 retail bags of heroin.
The indictment alleged that Davis and his co-defendants participated in a street gang known as the Black P-Stones, obtained heroin from suppliers in New York, and distributed the heroin in Stroudsburg and locations in Maine. According to the indictment, couriers were used to transport heroin to Maine, where Davis and others distributed it to customers.
Davis was indicted along with six other people by a federal grand jury in Scranton in September 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
Judge Mannion ordered Davis to serve four years on supervised release following his prison sentence.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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LRGP Member Sentenced for Rico Conspiracy Involving Murder and Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Philip Brown, 24 of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 240 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joel L. Violanti, who handled the case, stated that between 2009 and January 23, 2012, Brown was an associate of the LRGP gang which operates primarily in the area of Lombard, Rother, Gibson, and Playter Streets in the City of Buffalo. It is alleged to be an organization engaged in violent criminal activity, including the distribution of cocaine and crack cocaine and the use of firearms.In April 2011, the defendant and others, while at 318 Sobieski Street in Buffalo, agreed that a member of the Cold Springs Gang, a rival criminal organization, should be murdered in retaliation for the killing of Alonzo Scott, one month earlier. Scott was the brother of LRGP leader Dewayne Gray. The individuals settled upon killing Amir Chambers, whom they believed to be associated with the Cold Springs Gang, and who had an ongoing social relationship with Alexis Mills.
After a failed attempt by Mills to poison Amir Chambers, it was agreed that co-defendant Fred Keys would kill Chambers by shooting him. Mills was to use her relationship with Chambers to get the victim to open his residence door. On April 20, 2011, the defendant, along with Mills and two others – Fred Keys and Timothy Finch - went to a residence at 111 Mills Street in Buffalo where they dropped off Keys and Mills. Chambers opened the residence door upon seeing Mills at which time Keys killed Chambers by shooting him in the head. Mills, for her part, kicked the victim in the head following the shooting to ensure that Chambers was in fact deceased. Keys later called 911 to report that there was a “body” at 111 Mills Street.
Philip Brown is the final defendant out of 17 individuals to be convicted and sentenced in this case.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Office; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.Kevin W. Techau Resigns as United States AttorneyRead the Press Release
On Friday, March 10, 2017, Kevin W. Techau announced his resignation as United States Attorney effective midnight on that date.
Techau stated, “Iowa has excellent federal, state and local law enforcement officers across the state. It has been a fulfilling and rewarding experience to have served in this office for the past three years with those professionals. I am very grateful that I had the opportunity to lead the men and women who work so hard in the United States Attorney’s Office for the Northern District of Iowa. They are a top-notch group of public servants and I am very honored to have been their colleague."
Techau was appointed United States Attorney for the Northern District of Iowa by President Barack Obama on November 7, 2013, and unanimously confirmed by the United States Senate on February 12, 2014.
First Assistant United States Attorney Sean R. Berry will serve as Acting United States Attorney pending an interim or permanent appointment by the Attorney General or the President.
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Justice Department Settles Immigration-Related Discrimination Claim Against California Janitorial CompaniesRead the Press Release
The Justice Department reached an agreement today with Paragon Building Maintenance, Inc. (Paragon) and Pegasus Building Services Company, Inc. (Pegasus), related janitorial companies headquartered in Long Beach, California. The settlement resolves the department’s investigation into whether the companies violated the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants when checking their work authorization documents.
The department concluded, based on its investigation, that Paragon and Pegasus routinely requested that lawful permanent residents show their Permanent Resident Cards to prove their work authorization while not requesting specific documents from U.S. citizens. Lawful permanents residents often have the same work authorization documents available to them as U.S. citizens, and may choose other acceptable documents besides the Permanent Resident Card to prove they are authorized to work. The investigation further revealed that the companies required lawful permanent resident employees to re-establish their work authorization when their Permanent Resident Cards expired, even though federal rules prohibit this practice. The antidiscrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employees’ citizenship or national origin.
“Employers may not discriminate against employees when verifying that their employees are authorized to work in the United States,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “We encourage employers everywhere to familiarize themselves with their legal obligations, as Paragon and Pegasus have committed to do by reaching this settlement.”
Under the settlement, Paragon and Pegasus will pay a civil penalty of $115,000 and pay up to $30,000 to compensate any eligible workers who lost pay due to these documentary practices. The companies also have agreed to post notices informing workers about their rights under the INA’s antidiscrimination provision, train their human resources personnel, and be subject to departmental monitoring and reporting requirements.
The division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the antidiscrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
Jury Convicts 2 Steubenville Brothers of Running Heroin RingRead the Press Release
COLUMBUS, Ohio – A United States District Court jury convicted Frederick A. McShan, 37, and David McShan, 42, both of Steubenville, Ohio, of running a Steubenville-area heroin-trafficking organization.
Specifically, Frederick McShan was convicted of one count of conspiracy to possess with intent to distribute more than one kilogram of heroin, 12 counts of possession with intent to distribute heroin and one count of conspiracy to commit money laundering. David McShan was also convicted of one count of conspiracy to possess with intent to distribute heroin and one count of possession with intent to distribute heroin.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Betsy Steinfeld Jividen, Acting U.S. Attorney for the Northern District of West Virginia Betsy, Karl Colder, Special Agent in Charge, DEA, Washington, D.C. field office, Jefferson County Prosecutor Jane M. Hanlin and members of the Jefferson County Drug Task Force and the Hancock-Brooke-Weirton Drug Task Force announced the verdict reached early Friday evening, which was returned following a trial that began on Monday, March 6th before Chief U.S. District Judge Edmund A. Sargus, Jr.
According to court documents and testimony, the McShan brothers helped lead a drug organization that was supplied out of Chicago and was responsible for street-level heroin sales in Steubenville, Ohio, including in the Market Street apartment public housing area, Weirton, W.Va., Wheeling, W.Va. and Bellaire, Ohio.
A yearlong investigation in this case by local, state and federal law enforcement culminated in the seizure of eight firearms, three vehicles and approximately $110,000 of narcotics proceeds.
Four co-defendants in this case have pleaded guilty and been sentenced. They include:
Donae F. Grier, 38, of Irving, Texas, sentenced to 60 months in prison;
Christopher J. Bishop, 32, of Weirton, W.Va., sentenced to 120 months in prison;
Kerris D. Moncrease, 32, of Weirton, W.Va., sentenced to 42 months in prison; and
Perrier D. Coleman, 21, of Steubenville, Ohio, sentenced to 15 months in prison.
Terrence J. Smith, 27, Michael K. Greathouse, 25, and Erica L. Jury, 37, all of Steubenville, Ohio have pleaded guilty and await sentencing.
Conspiracy to possess with intent to distribute more than one kilogram of heroin is a federal crime punishable by 10 years to up to life in prison. Both conspiracy and possession with intent to distribute heroin and conspiracy to commit money laundering are crimes punishable by up to 20 years in prison.
U.S. Attorney Glassman commended the cooperative efforts of law enforcement, as well as Deputy Criminal Chief Michael Hunter, and Special Assistant United States Attorney Jane M. Hanlin who are prosecuting the case.
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Joseph H. Harrington to Serve as Acting United States Attorney for the Eastern District of WashingtonRead the Press Release
By operation of the Vacancies Reform Act, Joseph H. Harrington is serving as the Acting United States Attorney for the Eastern District of Washington following the recent resignation of Michael C. Ormsby. The Eastern District of Washington comprises the twenty counties east of the crest of the Cascade Mountains
Harrington has served in the United States Attorney’s Office since 1990. During his tenure in the office he has held the positions of First Assistant United States Attorney, Criminal Chief, Deputy Criminal Chief, Anti-Terrorism Advisory Coordinator, and Health Care Fraud Coordinator. Harrington was involved with the prosecutions of: Kevin W. Harpham, an avowed white supremacist who planted a sophisticated remotely-controlled IED along the route of the Martin Luther King, Jr. Day Unity March in Spokane; the Phineas Priest domestic terrorism case involving bank robberies and bombings of a Planned Parenthood office and a Spokane newspaper facility; and the Karl F. Thompson / Otto Zehm civil rights case.
Harrington received his J.D. from Gonzaga University in 1986, where he was a Thomas Moore Scholar (full academic scholarship) and served as the Editor-in- Chief of the Gonzaga Law Review. He holds a B.A. in Mathematics and a B.S. in Engineering.
Jefferson County woman pleads guilty to heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brandi Kern, 22, of Harpers Ferry, West Virginia, was convicted of heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Kern admitted to using a telephone to distribute heroin in Jefferson County and elsewhere, including Baltimore, Maryland, in May 2016.
Kern pled guilty to one count of “Unlawful Use of Communication Facility.” She faces up to four years in prison and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jefferson County man pleads guilty to heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA –William John Holmes, 29, of Ranson, West Virginia, was convicted of heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Holmes admitted to possessing heroin in Jefferson County in December 2015.
Holmes pled guilty to one count of “Possession with the Intent to Distribute Heroin.” He faces up to twenty years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Drug Enforcement Agency, West Virginia State Police, and the Jefferson County Sheriff’s Office investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Israeli Executive Pleads Guilty to Defrauding the Foreign Military Financing ProgramRead the Press Release
A former executive of an Israel-based defense contractor pleaded guilty for his role in multiple schemes to defraud a multi-billion dollar United States foreign aid program, the Department of Justice announced today.
Yuval Marshak pleaded guilty to one count of mail fraud, two counts of wire fraud and one count of major fraud against the United States in U.S. District Court for the District of Connecticut today. He was previously charged in an indictment returned by a federal grand jury in the District of Connecticut on Jan. 21, 2016, and then extradited from Bulgaria in October.
According to court documents, Marshak carried out three separate schemes between 2009 and 2013 to defraud the Foreign Military Financing program (FMF). Marshak and others falsified bid documents to make it appear that certain FMF contracts had been competitively bid when they had not. Marshak further caused false certifications to be made to the U.S. Department of Defense (DoD) stating that no commissions were being paid and no non-U.S. content was used in these contracts, when, in fact, Marshak had arranged to receive commissions and to have services performed outside the United States, all in violation of the DoD’s rules and regulations. Marshak arranged for these undisclosed commission payments to be made to a Connecticut-based company that was owned by a close relative to disguise the true nature and destination of these payments.
“Today’s guilty plea marks the successful culmination of a complex investigation that required us to work closely with the Israeli government, the DoD and the Office of International Affairs to gather foreign-located evidence and to secure Marshak’s extradition,” said Acting Assistant Attorney General Brent Snyder of the Department of Justice’s Antitrust Division. “This result reflects the division’s deep commitment to identifying and prosecuting schemes to defraud American taxpayers.”
“This conviction is the result of the Defense Criminal Investigative Service's (DCIS) ongoing effort to identify and investigate fraudulent activity targeting the U.S. Department of Defense (DoD) and its programs that support America's national security and foreign policy objectives,” said Acting Special Agent in Charge Leigh-Alistair Barzey of the DCIS Northeast Field Office. “DCIS will continue to aggressively investigate allegations of fraud and abuse threatening the DoD and the Foreign Military Sales Program.”
The United States spends billions of dollars each year through the FMF program to provide foreign governments, including Israel, with money which must be used to purchase American-made military goods and services. The rules and regulations of the FMF program require the disclosure of and approval for any FMF-funded commissions and require that all goods and services be of United States origin to qualify for FMF funding. These same rules also strongly encourage the use of competitive bidding in the award of all FMF contracts. American vendors who receive FMF funded contracts are required to certify their compliance with these regulations to the DoD.
The Antitrust Division’s New York Office and DCIS prosecuted the case, with assistance from the U.S. Attorney’s Office for the District of Connecticut, Israel’s Ministry of Defense and the Justice Department’s Office of International Affairs. Anyone with information on price fixing, bid rigging or other anticompetitive conduct related to government contracts should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.
Homer man pleads guilty to methamphetamine distribution chargeRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a man from Homer pleaded guilty last week to possessing with intent to distribute methamphetamine after a bag containing the drug was found in a relative’s dryer.
Vincent McDaniel, 44, of Homer, La., pleaded guilty Thursday before U.S. District Judge S. Maurice Hicks Jr. to one count of possession with intent to distribute methamphetamine. According to the guilty plea, a relative of the defendant contacted law enforcement on November 12, 2015 to report that she had found something suspicious in a bag, which was left in a dryer at her home in Homer. After examining and testing the contents of the bag, law enforcement determined it was 526.7 grams of methamphetamine. McDaniel had asked for access to the home while the relative was away, and after his arrest, had asked other relatives to retrieve the bag for him before law enforcement could obtain it.
McDaniel faces 10 years to life in prison, at least four years of supervised release and a $10 million fine. The court set a sentencing date of June 28, 2017.
The DEA and the Homer Police Department conducted the investigation. Assistant U.S. Attorney James G. Cowles is prosecuting the case.
Grocery Store Owner Sentenced to Prison for Defrauding Federal Food Stamp ProgramRead the Press Release
PHILADELPHIA - Young Hwa Jung, 57, of North Wales, PA, was sentenced today to 15 months in prison for committing fraud against a government assistance program, announced Acting United States Attorney Louis D. Lappen. The defendant had been charged by criminal information with one count of conspiracy and one count of trafficking in Supplemental Nutrition Assistance Program (“SNAP”), benefits, formerly known as food stamps. The SNAP is administered by the United States Department of Agriculture (“USDA”)’s Food and Nutrition Service, with the goal of alleviating hunger in the United States.
The defendant owned and operated Jung & Hong Inc, a retail grocery store located at 2501 South 70th Street in Philadelphia. As he admitted at his guilty plea hearing on December 13, 2016, the defendant trafficked SNAP benefits by purchasing those benefits from customers of Jung & Hong, Inc. in exchange for cash, which is illegal. As the defendant admitted further, between January 2011 and May 2016, as a result of his trafficking activities, the defendant caused a loss of approximately $607,017.17 to USDA’s Food and Nutrition Service.
In addition to the prison term, the Honorable Gene E.K. Pratter, United States District Judge, sentenced the defendant to three years of supervised release to follow incarceration; full restitution of $607,017.17; and a special assessment of $200. The Court also ordered forfeiture of a 2013 Toyota Tundra that the defendant had purchased with the proceeds of the fraud.
The case was investigated by the United States Department of Agriculture Office of Inspector General and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Mary E. Crawley.
Greensburg Man Sentenced to Probation for Using Fake Secret Service CredentialsRead the Press Release
PITTSBURGH – A Westmoreland County resident has been sentenced in federal court to 2 years of probation and $500 fine on his conviction of Fraudulent Official Seals, Acting United States Attorney Soo C. Song announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Christopher Diiorio, 53, of Greensburg, PA.
According to the information presented to the court, Christopher Diiorio conspired with others to produce false United States Secret Service identification cards. He also misrepresented that he was an agent of the United States Secret Service, possessed, and displayed an imitation United States Secret Service badge to a hotel manager in order to obtain the government rate for a hotel stay. Finally, he misrepresented that he was an agent of the United States Secret Service and displayed the false United States Secret Service identification card during an encounter with a local police officer.
Assistant United States Attorney Paul E. Hull prosecuted this case on behalf of the government.
Acting United States Attorney commended the United States Secret Service for the successful investigation of Christopher Diiorio.
Former Wells Fargo Branch Manager Convicted of Laundering Proceeds of Trademark ScamRead the Press Release
WASHINGTON – A former manager of a Wells Fargo branch in Glendale, California, was convicted on Friday of money laundering and false bank entry charges in connection with laundering the proceeds of a trademark scam.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Sandra R. Brown of the Central District of California, Acting Inspector in Charge William H. Hedrick from the U.S. Postal Inspection Service’s (USPIS) Los Angeles Division, Inspector in Charge Regina L. Faulkerson of USPIS Criminal Investigation and Acting Special Agent in Charge Anthony J. Orlando of the Internal Revenue Service Criminal Investigation (IRS-CI) Los Angeles Field Office made the announcement.
After a four-day jury trial, Albert Yagubyan, 37, of Burbank, California, was convicted of one count of conspiracy to launder monetary instruments, four counts of concealment money laundering and one count of false bank entries. Sentencing has been scheduled for May 22, 2017, before U.S. District Judge Stephen V. Wilson of the Central District of California, who presided over the trial.
According to the evidence presented at trial, from June 27, 2014 to Sept. 18, 2015, Yagubyan laundered over $1 million of proceeds from a mass-mailing scam run by co-conspirator Artashes Darbinyan, 37, of Glendale, California, who used companies that they called “Trademark Compliance Center” (TCC) and “Trademark Compliance Office” (TCO) in order to make fraudulent offers to trademark applicants for registration and monitoring services.
Yagubyan laundered the funds by instructing subordinates at the bank to open bogus bank accounts, into which proceeds of the TCC and TCO scam were deposited, and process fraudulent withdrawals, wire transfers and cashier’s checks for co-conspirators Darbinyan and Orbel Hakobyan, 42, also of Glendale, the evidence showed. The cashier’s checks and wire transfers were made out to gold dealers. The bank accounts were opened using the identities of individuals from Eastern Europe who were not in the United States at the time the accounts were opened. The evidence at trial further showed that Darbinyan paid Yagubyan a percentage of the laundered proceeds. Yagubyan, in turn, made payments and promises of promotion to subordinates to induce them to conduct the fraudulent transactions. When Wells Fargo’s loss prevention office flagged the bogus accounts for closure, Yagubyan intervened to try and keep them open, the evidence showed.
Darbinyan and Hakobyan pleaded guilty in December 2016 to mail fraud and money laundering charges and are scheduled for sentencing on June 19, 2017, before Judge Wilson. The investigation has resulted in a total of five convictions.
USPIS and IRS-CI investigated the case. Trial Attorneys William E. Johnston and Alison L. Anderson and Assistant Chief Brian K. Kidd of the Criminal Division’s Fraud Section are prosecuting the case.
Former Wells Fargo Branch Manager Convicted of Laundering Proceeds of Trademark ScamRead the Press Release
A former manager of a Wells Fargo branch in Glendale, California, was convicted on Friday of money laundering and false bank entry charges in connection with laundering the proceeds of a trademark scam.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Sandra R. Brown of the Central District of California, Acting Inspector in Charge William H. Hedrick from the U.S. Postal Inspection Service's (USPIS) Los Angeles Division, Inspector in Charge Regina L. Faulkerson of USPIS Criminal Investigation and Acting Special Agent in Charge Anthony J. Orlando of the Internal Revenue Service Criminal Investigation (IRS-CI) Los Angeles Field Office made the announcement.
After a four-day jury trial, Albert Yagubyan, 37, of Burbank, California, was convicted of one count of conspiracy to launder monetary instruments, four counts of concealment money laundering and one count of false bank entries. Sentencing has been scheduled for May 22, 2017, before U.S. District Judge Stephen V. Wilson of the Central District of California, who presided over the trial.
According to the evidence presented at trial, from June 27, 2014 to Sept. 18, 2015, Yagubyan laundered over $1 million of proceeds from a mass-mailing scam run by co-conspirator Artashes Darbinyan, 37, of Glendale, California, who used companies that they called “Trademark Compliance Center” (TCC) and “Trademark Compliance Office” (TCO) in order to make fraudulent offers to trademark applicants for registration and monitoring services.
Yagubyan laundered the funds by instructing subordinates at the bank to open bogus bank accounts, into which proceeds of the TCC and TCO scam were deposited, and process fraudulent withdrawals, wire transfers and cashier’s checks for co-conspirators Darbinyan and Orbel Hakobyan, 42, also of Glendale, the evidence showed. The cashier’s checks and wire transfers were made out to gold dealers. The bank accounts were opened using the identities of individuals from Eastern Europe who were not in the United States at the time the accounts were opened. The evidence at trial further showed that Darbinyan paid Yagubyan a percentage of the laundered proceeds. Yagubyan, in turn, made payments and promises of promotion to subordinates to induce them to conduct the fraudulent transactions. When Wells Fargo’s loss prevention office flagged the bogus accounts for closure, Yagubyan intervened to try and keep them open, the evidence showed.
Darbinyan and Hakobyan pleaded guilty in December 2016 to mail fraud and money laundering charges and are scheduled for sentencing on June 19, 2017, before Judge Wilson. The investigation has resulted in a total of five convictions.
USPIS and IRS-CI investigated the case. Trial Attorneys William E. Johnston and Alison L. Anderson and Assistant Chief Brian K. Kidd of the Criminal Division’s Fraud Section are prosecuting the case.
Former Vice Principle of Lake Roosevelt Elementary School Sentenced to Seven Years in Federal Prison for Receipt of Child PornographyRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Nathan Piturachsatit, age 38, of Grand Coulee, Washington, was sentenced today, after having previously pleaded guilty on November 29, 2016 to Receipt of Child Pornography. United States District Judge Salvador Mendoza Jr. sentenced Piturachsatit to a seven- year term of imprisonment, to be followed by a ten-year term of court supervision after he is released from Federal prison. In addition, Piturachsatit agreed to forfeit to the United States the iPhone he used to request and receive child pornography images and videos. Upon release from prison, Piturachsatit will be required to register as a Sex Offender.
According to information disclosed during the court proceedings, in January of 2016, an officer of the Janesville Police Department in Janesville, Wisconsin responded to a report of a mother of a fourteen-year-old girl who had received a suspicious package. The package was determined to have been sent by Nathan Piturachsatit and was a shirt from “Pink”, a sister store to Victoria’s Secret. Further investigation revealed from November 2015, until early January 2016, Piturachsatit had been communicating with the fourteen-year-old girl over the Internet using “Instagram”. Piturachsatit had sent the minor child explicit naked images of himself and had asked for sexually explicit images and videos of the minor, who was a freshman in high school at the time of the crime. Piturachsatit’ s communication with the minor was graphic and sexually explicit. Piturachsatit not only requested child pornography from the minor, but also said he wanted to have sexual intercourse with the minor. With the assistance of agents from Homeland Security, a federal search warrant was obtained and executed on February 3, 2016 at Piturachsatit’ s place of employment, the Lake Roosevelt Elementary School where he was the Vice Principle, his residence, and vehicle in Grand Coulee, WA. Law enforcement officers discovered Piturachsatit had installed the application “Instagram” on his iPhone. During the execution of the search warrant, Piturachsatit confessed to sending the package to the minor and to also sending the minor clothed and unclothed images, as well as videos of him naked or masturbating. In addition, Piturachsatit confessed to requesting and receiving sexually explicit images and videos of the minor he had been communicating with via “Instagram”.
Joseph H. Harrington stated, “Prosecuting offenders who entice minors to produce child pornography and receive child pornography is a priority of the United States Attorney’s Office for the Eastern District of Washington. This Office is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May, 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
• Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
• Participation of PSC partners in coordinated national initiatives;
• Increased federal enforcement in child pornography and enticement cases;
• Training of federal, state, and local law enforcement agents; and
• Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by Homeland Security Investigations Special Agent Mark Mischke and the Janesville Police Department in Janesville, Wisconsin. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and PSC Coordinator for the Eastern District of Washington.
Former Bank Officers and Walton County Man Convicted in Bank Fraud SchemeRead the Press Release
PENSACOLA, FLORIDA – On Friday, March 10, after a five-day trial, Anthony J. Atkins, 51, of Eufaula, Alabama, was convicted of conspiracy to commit bank fraud, four counts of false statements to a federally insured financial institution, bank fraud, and mail fraud affecting a financial institution.
Today, co-conspirator Bruce A. Houle, 57, of Inlet Beach, Florida, pled guilty to conspiracy to commit bank fraud and one count of false statement to a federally insured financial institution.
On February 27, 2017, co-conspirator Samuel D. Cobb, 37, of Destin, Florida, pled guilty to conspiracy, four counts of false statement to a financial institution, and bank fraud.
The jury’s verdict and the guilty pleas were announced today by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In 2007, an individual went to Anthony Atkins, the president of GulfSouth Private Bank, and notified Atkins that the individual’s company, which had been loaned $3.4 million, was no longer going to be able to make payments on the mortgage loans issued by GulfSouth Private Bank that had been secured by three condominiums. an effort to conceal that the loans were going into default, and instead of recognizing that the $3.4 million in loans were losses to the bank, Atkins devised a scheme to conceal the bad debt.
As a part of the scheme, Atkins and Cobb solicited Houle, Mark W. Shoemaker, Michael Bradley Bowen, and William Blake Cody to take out new loans with the bank to purchase the three condominiums. To persuade Houle, Shoemaker, Bowen, and Cody to engage in the scheme, Atkins and Cobb told these individuals that the loans would be non-recourse, meaning that, if the men defaulted, GulfSouth would have no recourse against them.
Thereafter, Atkins and Cobb caused new mortgage loans and additional lines of credit to be issued for approximately $3.8 million to the men they had solicited. According to the terms of the fraudulent loans issued during the scheme, the men Atkins and Cobb solicited were not required to make any payments on the loans until the loans came due months down the road. These new loans were then used to pay off the old loans that were going into default. Issuing these new loans and new lines of credit created the appearance that the debt was “performing”, which allowed Atkins to avoid having to report the loans associated with the condominiums as bad debt, as required. Further, as a part of the scheme, Atkins and Cobb caused fraudulent security agreements to be prepared that falsely represented that Houle, Shoemaker, Bowen, and Cody were obligated to repay their respective new mortgage loans and lines of credit.
In September 2009, GulfSouth received $7,500,000 in Troubled Asset Relief Program (“TARP”) funds from the United States Treasury. Thereafter, Atkins and Cobb allowed the condominiums that were collateral for the mortgage loans to be sold in short sales, resulting in a loss to GulfSouth. Further, Atkins allowed the deficiencies and the lines of credit to be charged off of GulfSouth’s books and records.
The defendants face a maximum of 30 years in prison for each count. The sentencing hearings are scheduled at the United States Courthouse in Pensacola, as follows:
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Atkins: May 31, 2017, at 10:30 a.m.
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Houle: May 31 at 2:00 p.m.
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Cobb: May 16 at 10:30 a.m.
This case resulted from a joint investigation by the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG). Assistant United States Attorney Tiffany H. Eggers prosecuted the case.
“This bank fraud case is a reminder that my office will vigorously prosecute those who do not conduct ethical transactions, especially financial representatives who abuse their positions of trust,” said U.S. Attorney Canova. “I commend the hard work of the investigators and prosecutors who enforce our federal laws and ensure that justice is served.”
“In 2008, at the height of the financial crisis, former GulfSouth Private Bank president Anthony Atkins had a decision to make: tell the truth about the bank’s troubled finances or take intricate steps to criminally conceal millions of dollars in bad loans,” said Christy Goldsmith Romero, Special Inspector General for TARP. “Unlike most bank executives, Atkins chose the latter and, along with former vice president Samuel Cobb, hatched a scheme to hide the loans and make the bank appear healthier than it actually was. GulfSouth then received $7.5 million from TARP, a program designed for healthy banks. But GulfSouth was not a healthy bank and later failed—causing taxpayers to lose their entire investment. SIGTARP will continue to bring justice to bankers who commit bailout-related fraud.”
“The Federal Deposit Insurance Corporation Office of Inspector General is committed to working with U.S. Attorneys and law enforcement partners throughout the country in investigating and prosecuting individuals whose fraudulent activities threaten the safety and soundness of our nation’s banks,” said Jason Moran, Special Agent in Charge, FDIC-OIG. “It is particularly troubling when those individuals are bank insiders like Messrs. Atkins and Houle, who violate the public trust, conspire with others, and engage in activities that ultimately cause losses to their banks. Today’s verdict and the associated guilty pleas should deter others from pursuing similar criminal activity.”
The U.S. Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]
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Floridian Pleads Guilty to Bank FraudRead the Press Release
ERIE, Pa. - A resident of Florida, pleaded guilty in federal court to a charge of bank fraud, Acting United States Attorney Soo C. Song announced today.
Andres Prieto, 34, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that from in and around January 2009, to in and around January 2013, Prieto and his co-defendants engaged in a “loan program” in which a hierarchy of “brokers”, “managers”, “processors” and “straw borrowers” falsified bank loan documents and supporting documentation in order to obtain various auto and consumer loans and lines of credit from 21 banks and credit unions.
Judge Cercone scheduled sentencing for July 31, 2017 at 1:30 p.m. The law provides for a total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Prieto on bond.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The United States Secret Service conducted the investigation that led to the prosecution of Prieto.
First Assistant United States Attorney Joycelyn Hewlett Named Acting United States AttorneyRead the Press Release
Pursuant to the Vacancies Reform Act, with the resignation of former United States Attorney Ronald W. Sharpe, First Assistant United States Attorney Joycelyn Hewlett has been named Acting United States Attorney for the District of the Virgin Islands. In her capacity as Acting United States Attorney, Hewlett serves as the chief Federal law enforcement officer for the District of the Virgin Islands.
Hewlett has served in the United States Attorney’s Office since 1998. Prior to serving as First Assistant United States Attorney, she served as Chief of the Civil Division from 2006. In addition to her duties in the district, Hewlett serves on the Executive Office for U.S. Attorney’s Evaluation and Review Staff, which provides onsite management assistance to U.S. Attorney’s offices throughout the country to assure compliance and internal controls are met. She also served for a term of four years on the Civil Chief’s Working Group, a subcommittee of the Attorney General’s Advisory Committee.
Prior to serving as an AUSA, Hewlett served as legal counsel with the Virgin Islands Legislature, Assistant Attorney General with the Virgin Islands Department of Justice, Law Clerk to Territorial Court Presiding Judge Verne A. Hodge, and as an associate at Bryan Cave, an international law firm in Washington, D.C. She also served as president of the Virgin Islands Bar in 2006.
Hewlett is a 1986 graduate of the College of the Virgin Islands and a 1992 graduate of Howard University Law School. Prior to law school, Hewlett worked at the Virgin Islands Daily News as a news reporter and editor.
First Assistant U.S. Attorney Stephen G. Dambruch Named Acting United States AttorneyRead the Press Release
PROVIDENCE - Pursuant to the Vacancies Reform Act, with the departure of former United States Attorney Peter F. Neronha, First Assistant United States Attorney Stephen G. Dambruch has been named Acting United States Attorney for the District of Rhode Island. In his capacity as Acting United States Attorney, Mr. Dambruch serves as the chief Federal law enforcement officer for the District of Rhode Island.
Mr. Dambruch, named First Assistant United States Attorney in January 2014, was appointed as an Assistant United States Attorney in January 2004 and Criminal Division Chief in February 2007. As an Assistant United States Attorney, Mr. Dambruch worked on, among other things, a number of significant narcotics and public corruption matters.
Prior to his tenure with the United States Attorney’s Office, Mr. Dambruch served as a state prosecutor with the Rhode Island Department of Attorney General for over sixteen years, including appointments as Chief of the Narcotics Prosecution Unit, Chief Prosecutor for Kent, Newport and Washington Counties, and Deputy Chief of the Criminal Division.
Mr. Dambruch is a 1982 graduate of Providence College and received his law degree from Boston College Law School in 1985.
Mr. Dambruch announced today that the leadership team in the United States Attorney’s Office will remain the same.
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Federal Jury Convicts Murfreesboro Man of Smuggling Silencers into the United StatesRead the Press Release
Paul Gratton, 50, of Murfreesboro, Tenn., was found guilty today by a federal jury of delivering of a firearm to a common carrier without written notice; illegal shipment of a firearm with intent to commit a felony; illegal importation of a firearm; illegal receipt of a firearm that had been imported; and unlawful possession of unregistered silencers, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee. The jury acquitted Gratton of tampering with evidence.
The jury returned its verdict following a two-day trial before Chief U.S. District Judge Kevin H. Sharp.
The evidence at trial showed that, in the spring of 2015, Gratton, who owns a helicopter servicing business in Murfreesboro, traveled to England, where he purchased six firearm silencers, none of which had serial numbers, from a firearms dealer in Sheffield. Gratton put some of the silencer parts into a DHL package, which he deliberately mislabeled in order to ensure that those silencers got through U.S. Customs without being discovered by the authorities. Gratton put other silencer parts into his checked baggage, and flew back to Murfreesboro. Federal law enforcement officers later obtained a search warrant for Gratton’s residence, where they recovered the silencers and obtained a confession from Gratton.
Gratton faces a maximum penalty of 10 years in prison and a maximum fine of $250,000. A sentencing date has not yet been set.
The case was investigated by the Bureau of Alcohol, Tobacco Firearms & Explosives; the Rutherford County Sheriff’s Office; and the Murfreesboro Police Department. The case was prosecuted by Assistant U.S. Attorneys Ben Schrader and Ahmed Safeeullah.
Erie Felon Unlawfully Possessed FirearmRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of violating federal firearms laws, Acting United States Attorney Soo C. Song announced today.
Kevin Dimitri Tate, 24, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Tate unlawfully possessed a .380 ACP firearm while being prohibited from firearm possession because he is a convicted felon.
Judge Cercone scheduled sentencing for July 31, 2017 at 3:00 p.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
The Western Pennsylvania Fugitive Task Force, Erie Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Tate.
Drug Conspirator Sentenced to Federal Prison TimeRead the Press Release
Roanoke, VIRGINIA – A North Carolina woman, who conspired with others to distribute methamphetamine in and around the Hillsville and Galax regions of Virginia, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
Bianca Victoria Aroche, 24, of Sparta, N.C., previously pled guilty to one count of conspiracy to possess with the intent to distribute and to distribute 50 grams or more of methamphetamine. Today in District Court, Aroche was sentenced to 65 months in federal prison.
According to evidence presented to the court by Assistant United States Attorney Ashley B. Neese, Aroche, and others, distributed methamphetamine in and around Hillsville and Galax beginning around the spring of 2014 and continuing until at least August 2014.
The investigation of the case was conducted by the Drug Enforcement Administration, the Virginia State Police, the Galax Police Department, the Carroll County Sheriff’s Office and the Grayson County Sheriff’s Office. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.
Criminal Organization Indicted and Arrested for Narcotics, Aggravated Identity Theft and Money Laundering ChargesRead the Press Release
SAN JUAN, Puerto Rico – On March 6, 2017, a federal grand jury in the District of Puerto Rico returned a superseding indictment against twelve defendants charged with various federal offenses, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The Drug Enforcement Administration is in charge of the investigation with the collaboration of the Federal Bureau of Investigation and the Puerto Rico Police Department.
This criminal organization led by Alex Baez-Espinal participated in different illegal schemes which are detailed in the superseding indictment. Defendants Baez-Espinal, Norman Guzmán-Ramos, Kelvin Hernández and Bryan Santiago are charged in a conspiracy to possess with intent to distribute cocaine. Defendant Kelvin Hernández is facing one count of possession with intent to distribute cocaine. Baez-Espinal, Hernández, and Guzmán-Ramos are facing charges for use of a communication facility in the commission of felonies under the Controlled Substances Act. That is, using a cellular telephone, in facilitating the commission of a felony under Title 21, United States Code, Sections 841 and 846, offenses set forth in the superseding indictment.
Defendants Baez-Espinal and Hernández were the leaders of the Drug Trafficking Organization and the Cellphone and Rental Car Fraud Schemes, described below. Baez-Espinal and Hernández obtained personal individual information (including but not limited to Social Security Numbers and Dates of Birth) of unsuspecting victims from defendants Melton Pinilla and Luis Roberto Dávila. During the conspiracy, after receiving the victim’s personal information, Baez-Espinal and Hernández checked each victim’s personal credit rating. If the victim possessed a good credit rating, Baez-Espinal and Hernández then contacted credit card companies utilizing the fraudulently obtained personal information and applied for credit cards in the victim’s name. These credit cards were then sent via the mail to Puerto Rico by the credit card companies.
According to the indictment, Baez-Espinal and Hernández would provide the fraudulently obtained personal information to Luis Roberto Rivera-Ortiz, who created fraudulent Puerto Rican driver’s licenses in the victim’s names with the photos of the “runners” or “jockeys” and other members of the conspiracy. Ultimo Carrera-Rosario also made fraudulent documents such as fraudulent social security cards and fake utility bills in the victims’ names.
Defendants Bryan Santiago-Rivera, José Vásquez-Rodríguez, Leidy Baez-Espinal and Veronica Sierra-Pabón, acted as runners or jockeys for the organization. The different fraud schemes charged are as follows:
Mail fraud conspiracy:
According to the indictment, defendants Baez-Espinal, Hernández, Santiago-Rivera, Michael Alicea, Luis Roberto Rivera-Ortiz, Ultimo Carrera, Luis Roberto Dávila, José Vázquez, Kathya Andino-Aragonés, Leidy Bez-Espinal, and Verónica Sierra-Pabón utilized the U.S. mails to obtain fraudulent credit cards in victims’ names and then use those fraudulent credit cards, along with other fraudulent documents, to purchase goods and services.
Cellphone fraud conspiracy:
During the conspiracy, Baez-Espinal, Hernández and Alicea (after obtaining fraudulent credit cards and driver’s licenses and/or social security and utility bills), paid runners or jockeys to make purchases of cellphones at retail outlets in Puerto Rico. The runners or jockeys, utilizing the fraudulent identifications, would then purchase as many cellphones as allowed by the retail outlet using the victim’s information. The runners or jockeys would make a cash down payment on the cellphone(s), and finance the remaining portion of the cost of the cellphone on the victim’s credit.
The leaders of the conspiracy, Baez-Espinal and Hernández then sold the cellphones via the internet through AMBE Group Inc., to individuals in the United States, Italy, Peru, Canada, and Mexico. From on or about 2012 until 2016, the conspiracy made approximately $3,000,000.00 from the sale of the fraudulently obtained cellphones and other electronic devices.
Rental car fraud scheme:
Baez-Espinal and Hernández also used the fraudulent credit cards and driver’s license and/or social security and utility bills to rent vehicles at car rental outlets. They paid runners or jockeys to rent automobiles from car rental outlets in Puerto Rico using the victim’s identification. The runners or jockeys made these rentals knowing that the runner and/or members of the conspiracy were not going to return the rental vehicle to the car rental outlet. Baez-Espinal and Hernández and other members of the conspiracy would then utilize the fraudulently obtained vehicle, before selling it.
In Counts 6 through 9, Alex Baez-Espinal, Hernández and Leidy Baez-Espinal are charged with wire fraud, for transmitting illegal moneys in interstate and foreign commerce by means of wire communications. In Count 10 members of the conspiracy are charged with conspiracy to commit access device fraud. The defendants listed in Count 10, used other persons’ Social Security Number and Date of Birth to open and utilize fraudulent credit cards affecting interstate and foreign commerce. Counts 11, 12 and 13 detail the aggravated identity theft these defendants committed including but not limited to eight victims. Counts 14, 15 and 16 are money laundering counts derived from specified unlawful activities, which were the different schemes explained above.
“These individuals were involved in different criminal schemes in which they violated several federal statutes, defrauded and stole the identity of many individuals simply to enrich themselves quickly and illegally,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “The US Attorney’s Office will work with our law enforcement partners to vigorously pursue and hold accountable those who perpetrate these schemes to enrich themselves at the expense of honest people.”
Assistant U.S. Attorney Stuart J. Zander is in charge of the prosecution of the case, under the supervision of Assistant U.S. Attorney Julia Díaz-Rex, Deputy Chief of the International Narcotics Unit. If convicted the defendants face a minimum sentence of 10 years up to life in prison in Counts 1-2. If convicted of the aggravated identity theft charges, the defendants face a minimum sentence of two years in addition to the sentence imposed for the underlying felony. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
The case was investigated by agents from the Organized Crime Drug Enforcement Task Force (OCDETF) that investigates South American-based drug trafficking organizations responsible for the movement of multi-kilogram quantities of narcotics using the Caribbean as a transshipment point for further distribution to the United States. The initiative is composed of DEA, HSI, FBI, US Coast Guard, US Attorney’s Office for the District of Puerto Rico, and PRPD's Joint Forces for Rapid Action.
Court Approves Desegregation Plan for Cleveland, Mississippi, SchoolsRead the Press Release
Cleveland School District to Open Consolidated Middle and High Schools by August 2017
U.S. District Court Judge Debra M. Brown of the Northern District of Mississippi today approved a joint settlement agreement filed on Feb. 8 by the Justice Department, private plaintiffs, and the Cleveland School District. The agreement will lead to the effective desegregation of Cleveland’s middle and high schools by the start of the next school year.
Under the terms approved today, the school district agrees to comply with a May 13, 2016 court ruling mandating consolidation of Cleveland middle and high schools to remedy decades-long segregation in the school district. The consolidated high school, to be named Cleveland Central High School, will open by August at the current Margaret Green/Cleveland High campus. Also by August, the district will open the consolidated middle school (seventh and eighth grades), Cleveland Central Middle School, at the current East Side High facility. Under the agreement, sixth grade students will attend district elementary schools rather than the consolidated middle school.
As part of the agreement, the district and plaintiffs have withdrawn all alternative desegregation proposals from consideration by the Court. The district has also withdrawn its pending appeal before the U.S. Court of Appeals for the Fifth Circuit.
“The Department is pleased to have reached agreement with the Cleveland School District and private plaintiffs to settle this decades-long litigation,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “The plan approved today allows the community to move forward together. It reflects the parties’ shared commitment to high quality equal educational opportunities for all Cleveland students.”
Additional information is available on the Justice Department’s website at: www.justice.gov/opa/pr/federal-court-orders-justice-department-desegregation-plan-cleveland-mississippi-schools.
Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
Convicted Felon Sentenced for Gun PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Green, 33, of Rochester, NY, who was convicted of being a felon in passion of a loaded firearm, was sentenced to 42 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that on August 9, 2016, Green was arrested by United States Marshals and Rochester Police officers on Child Street in Rochester. The defendant was wanted on an outstanding bench warrant for an unrelated felony matter being handled in Monroe County Court. At the time of his apprehension, Green was in possession of a Raven Arms .25 caliber pistol, loaded with one round in the chamber and six rounds in the magazine.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli; the United States Marshals Service, under the direction of Charles Salina; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division.
Cheektowaga Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Justin Griffin, 38, of Cheektowaga, NY, pleaded guilty to possession with intent to distribute, and distribution of, cocaine, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that on four occasions in August and September of 2016, the defendant sold cocaine to a confidential source. On September 21, 2016, DEA agents executed a search warrant at 2067 Broadway Avenue (upper) in the Town of Cheektowaga. Griffin was located inside the apartment in the possession of three cellphones. A plastic bag with cocaine residue was located inside a closet of the apartment. One of the three cellphones in the defendant’s possession matched the phone number used by Griffin to set up the undercover sales he made with the confidential source.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Cheektowaga Police Department, under the direction of Chief David Zack.
Sentencing is scheduled for June 21, 2017, at 10:00 a.m. before Judge Skretny.