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Wednesday 25 January 2017
Brooklyn Man Charged with Hobbs Act Robbery of Convenience Store in BrownsvilleRead the Press Release
Denzell Oglesby was arrested today on a criminal complaint filed in federal court in the Eastern District of New York, charging him with the armed robbery of a convenience store in Brooklyn. Oglesby was arrested earlier today while being held in state custody, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Vera M. Scanlon at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, Ashan M. Benedict, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD).
As detailed in the complaint and as captured on the store’s surveillance camera, Oglesby entered the convenience store with a co-conspirator, who remains at-large. Oglesby pointed a firearm at the convenience store clerk, jumped over the store counter, and forced the store clerk to the floor. Oglesby’s co-conspirator struck and wrestled with the store clerk, while Oglesby stole cash proceeds and other items from the store. As the store clerk continued to resist the robbery, Oglesby repeatedly struck the store clerk in the head with the firearm before he and his co-conspirator fled.
“As alleged, the defendant engaged in a violent gun-point robbery and brutally beat the store clerk. Such wanton violence will not be tolerated,” stated United States Attorney Capers. “The defendant will now be held to account for his crime.” Mr. Capers expressed his grateful appreciation to the ATF and NYPD who are responsible for leading the investigation.
“Oglesby is alleged to have engaged in a brutal act of violence which undermines the safety and security of the people working and residing in the Brownsville section of Brooklyn,” stated ATF Special Agent in Charge Benedict. “The ATF Special Agents and NYPD
Detectives assigned to the SPARTA Task Force are targeting the most violent offenders for prosecution in Federal court. Today’s arrest should serve as a clear warning to those who would engage in an armed robbery that the full force of law enforcement resources may be brought to bear against you.”
“This crime was as brazen as it was brutal. We have no tolerance for this type of violence in our city. I want to thank the detectives, agents, and prosecutors for their thoroughness in ensuring that the defendant is held account for his actions, as alleged in the complaint,” stated NYPD Commissioner O’Neill.
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a minimum of seven years in prison.
The government’s case is being prosecuted by the Office’s Narcotics and Money Laundering Section. Assistant United States Attorney Andrew C. Gilman is in charge of the prosecution.
The Defendant:
DENZELL OGLESBY
Age: 23
Brooklyn, New York
Bayview/Hunter’s Point Tax Shop Owner Sentenced to Prison for Tax FraudRead the Press Release
SAN FRANCISCO – Josiah Larkin was sentenced to 37 months in prison and was ordered to pay $184,798 in restitution for filing, and conspiring to file, false federal income tax returns announced United States Attorney Brian J. Stretch and Assistant Special Agent in Charge IRS Criminal Investigation, Tyrone W. Blanchette. The sentence was handed down today by the Honorable Susan Illston, United States District Judge, after a six-day trial in September of 2016.
Evidence at trial showed that Larkin, 40, of San Francisco, set up an unauthorized franchise, Colbert Ball Tax, on Third Street in the Bayview/Hunter’s Point neighborhood of San Francisco. Larkin opened the tax shop on December 15, 2012, ten days before Christmas, and advertised “Get Up to $600- Even if Unemployed, On SSA or SSI.” Larkin filed false tax returns reporting that taxpayers with $0 income had paid $4,000 in qualified education expenses to attend college. This combination of $0 income and $4,000 in qualified education expenses resulted in a $1,000 tax refund based on the American Opportunity Tax Credit (“AOTC”). Larkin took approximately half of the $1,000 tax refund and gave the remaining half to his clients. On September 15, 2016, the jury convicted Larkin of one count of conspiring to file false tax returns, in violation of 18 U.S.C. § 286, and seven counts of filing false tax returns, in violation of 18 U.S.C. § 287.
“Today’s 37-month sentence should be a clear reminder that tax cheats who defraud the federal government wind up in jail,” said U.S. Attorney Stretch.
“With his storefront and neon sign, Josiah Larkin appeared to operate a legitimate tax business,” said Assistant Special Agent in Charge Blanchette. “In reality, he targeted vulnerable individuals with the promise of cash just days before Christmas. He filed false federal refund claims and kept half. IRS, Criminal Investigation will continue to aggressively pursue those who file false tax returns to claim refunds for which they are not entitled.”
In addition to the prison term and restitution, Judge Illston ordered the defendant to serve three years of supervised release. The defendant will begin serving the sentence on April 28, 2017.
Assistant U.S. Attorneys Cynthia Stier and Laurie Kloster Gray prosecuted the case. The prosecution is the result of an investigation by the Internal Revenue Service.
Armed Carjacking Defendant Sentenced on Federal ChartsRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Curtis Pugh of Mobile, Alabama was sentenced to 11 years and 9 months by Chief United States District Court Judge William H. Steele. Miller pled guilty to the charge of Carjacking, and Brandishing a Firearm During and in Relation to a Crime of Violence in October of 2016. Pugh participated with 2 other codefendants in a carjacking that occurred on September 27, 2015.
On or about September 27, 2015, Curtis Pugh and two codefendants drove to the Forest Hill Apartments in Mobile, Alabama, in a Mazda sedan where they waited for the victim to walk to his car.
When the victim left his apartment to walk to his vehicle, a maroon Chevy Tahoe,Pugh’s codefendant, armed with a firearm, approached the victim from the rear and pointed a semi-automatic handgun in the victim’s face and asked him “what you got?” The gunman forced the victim into the passenger side of the Tahoe as the gunman positioned himself in the driver’s seat.
The gunman carjacked the victim’s car and drove off with the victim still inside. Curtis Pugh and one other codefendant follow behind in the Mazda, to a remote location in Prichard, Alabama.
Once in Prichard, the victim was forced out of the Tahoe and placed into the trunk of the Mazda. Curtis Pugh and his two codefendants, with the victim in the trunk, drove to an abandoned house where the victim was removed from the trunk and forced to contact his wife. Curtis Pugh and the two codefendants demanded $50,000.00 ransom be paid for the safe return of their male victim.
Chief United States District Court Judge William H. Steele sentenced Williams to serve five years of supervised release at the conclusion of his imprisonment.
Carjacking is a violation of Title 18, United States Code § 2119 and is punishable by a maximum term of imprisonment of 15 years.
Brandishing a Firearm During and in Relation to a Crime of Violence is a violation Title 18, United States Code § 924(c)(1)(A)(ii), and carries a minimum sentence of 7 years to life, to be served consecutively to any sentence on the related carjacking charge in this case.
This case was referred for prosecution by Special Agent David Kowalski, of the Federal Bureau of Investigation, Mobile Field Office, in conjunction with the Mobile Police Department. The case was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Christopher Baugh.
Albuquerque Resident Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE - Jesus Ramirez, 26, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a firearm.
Ramirez and his co-defendants Richard Porras, 30, and Jonathan Griego, 27, both of Albuquerque, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Ramirez, Griego and Porras were arrested in Aug. 2016, on separate criminal complaints charging them with drug trafficking and firearms offenses. The three were subsequently charged together in a nine-count indictment filed on Aug. 9, 2016. The indictment charged Porras and Griego with conspiracy and possession of methamphetamine with intent to distribute. It also charged Porras with distributing methamphetamine on three occasions, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm; and Ramirez with possession of methamphetamine and heroin with intent to distribute, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm.
During today’s proceedings, Ramirez pled guilty to carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Ramirez admitted that on Aug. 4, 2016, he carried and used a firearm in furtherance of a drug trafficking crime. Ramirez further admitted that he was carrying a firearm loaded with ammunition while in the process of distributing methamphetamine and heroin. At sentencing, Ramirez faces a statutory mandatory minimum penalty of five years in prison. A sentencing hearing has yet to be scheduled.
To date, 23 of the 104 defendants have entered guilty pleas and one been sentenced. The remaining defendants including Porras and Griego, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Albion Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Ridder, 45, of Albion, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Stephanie O. Lamarque and Aaron J. Mango, who are handling the case, stated that according to the complaint, on September 3, 2016, two Medina, NY, residents found a Samsung Centura smart phone in the trash in front of 726 South Main Street, the former residence of the defendant. The following day, one of the individuals who found the phone charged it, began searching through it, and opened the Facebook application which automatically connected to Facebook account of the Ridder. The phone also had pictures on it of individuals that the person knew as well as 75 images of young boys in various states of dress (bathing suits, underwear, etc.). Some pictures contained naked images of different boys. The individuals who found the phone turned the phone into the Village of Medina Police Department.
Further review of the phone and its contents by law enforcement officers uncovered a Facebook Messenger conversation that took place between Ridder and another individual. During the conversation the defendant wrote "I seen a few boys already at bout 10-12 with nice 1il butts and bulge in shorts mmmmm." The conversation spanned a period of several days during which the two continued to discuss prepubescent boys.
Officers also discovered another Facebook Messenger conversation between the defendant and second individual. During that conversation, Ridder wrote, "I see boys all the time wishing I could love one (guy tht is) lol...I c very cute lil boys all the time at walmart.”
On October 18, 2016, an undercover officer logged into a Facebook account and contacted the defendant through Messenger. During the conversation, the defendant advised that he lived in Albion, NY and stated, when describing himself to the officer, wrote, "im very down to earth... very open minded...biggest fantasy is to be with a bf laying on a blanket nude in the woods." The officer replied, "sounds like boy scout retreat." The defendant wrote back, "I been a boy scout... and yes... had a friend in it tht we messed around in our tent.. .I was 13 he was 12." The officerE replied, "that's wild, you ever still think about that now." Ridder then wrote, "Ya... I wish I can have tht chance again with a bf." As the conversation continued, the defendant told the officer, "Im a ped just like you. I know exactly how u get or feel...These laws... I hate them."
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Michael J. Roemer. Ridder is being held pending a detention hearing on February 1, 2017 at 11:30 a.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Medina Police Department, under the direction of Chief Chad Kenward.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
6 Defendants Sentenced in Racketeering, Murder CaseRead the Press Release
COLUMBUS, Ohio – Six of 19 defendants to be sentenced in a gang-related racketeering and murder case received their sentences this week in U.S. District Court.
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), Trevor Velinor, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Franklin County Prosecutor Ron O’Brien and Columbus Police Chief Kim Jacobs announced the sentences handed down by U.S. District Judge Algenon Marbley.
Johnathan Holt, 24, of Columbus, was sentenced to life in prison with no chance of parole, plus an additional 25 years. He was convicted on all counts by a United States District Court jury following trial in December 2016.
Holt was the final of 20 individuals who were indicted in October 2014 in a racketeering case, with charges that include murders, attempted murders, drug trafficking, weapons offenses, extortion and robbery. Of the 20 total defendants, five others were convicted at trial, 13 pleaded guilty and one has died.
Holt’s specific charges include murder in aid of racketeering and murder through the use of a firearm during and in relation to a drug trafficking crime.
“Johnathan Holt earned every minute of the life sentence that he received today,” U.S. Attorney Glassman said. “For anyone starting down the road that Holt and his co-defendants traveled, I hope these sentences will make them think twice and take another path.”
The five other defendants sentenced this week all pleaded guilty to racketeering and/or murder charges. They include:
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Ismael Bowers – sentenced to 14 years.
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Tommy Coates – sentenced to 7 years.
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Joseph Hill – sentenced to 18 years.
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Freddie Johnson – sentenced to 10 years.
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Chris Warton – sentenced to 18 years.
Robert Wilson and Troy Patterson are scheduled to be sentenced tomorrow. Wilson pleaded guilty to racketeering conspiracy, and Patterson pleaded guilty to murder in aid of racketeering.
U.S. Attorney Glassman commended the two-year investigation by federal, state and local law enforcement agencies, including the FBI, DEA, ATF, Columbus Police, Franklin County Sheriff Zach Scott’s Office, Franklin County Prosecutor Ron O’Brien’s Office, Fairfield County Prosecutor Gregg Marx, Licking County Prosecutor Kenneth Oswalt, Muskingum County Prosecutor D. Michael Haddox, Ross County Prosecutor Matthew S. Schmidt, law enforcement leaders from those counties, and officials of the Ohio Department of Rehabilitation and Correction, as well as Assistant U.S. Attorneys David DeVillers, Kevin Kelley and Brian Martinez and Special Assistant U.S. Attorney Jimmy Lowe with Franklin County Prosecutor O’Brien’s Office, who are representing the United States in this and the related cases.
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Tuesday 24 January 2017
Woman Who Defrauded IRS of $336,926 Sentenced to 24 Months in PrisonRead the Press Release
BOISE – Mary Galan, 66, of Twin Falls, Idaho, was sentenced today in United States District Court to 24 months in prison, followed by three years of supervised release, for the crime of conspiracy to defraud the United States, namely the Internal Revenue Service (“IRS”), U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Galan to forfeit and pay restitution of $336,926 to the IRS. Galan pleaded guilty to one-count of conspiracy on October 19, 2016.
“This prosecution and sentence send the clear message that those who defraud the federal government by claiming tax credits to which they are not entitled will be swiftly and surely brought to justice,” said Olson. “This defendant’s scheme cheated all taxpayers, and therefore all Americans.”
According to the plea agreement, since approximately 2006, Galan owned and operated Galan Accounting in Twin Falls, Idaho, which prepared tax returns for clients. Beginning in or about 2013 and continuing through in or about 2015, Galan conspired to defraud the IRS in its collection of her clients’ income taxes. She did so by claiming education credits on clients’ tax returns, through the American Opportunity Credit, knowing that the clients did not pay qualified higher education expenses for an eligible student, and thereby, did not qualify to claim the credit.
As set forth in the plea agreement, for tax years 2012 through 2014, Galan and her co-conspirators prepared 187 tax returns for 165 taxpayer clients claiming $342,901 in education credits from the College of Southern Idaho. These returns claimed $787,630 in qualified expenses from the school. Records from the College of Southern Idaho show that, of the $787,630 in qualified expenses claimed, only $8,905 in qualified expenses for only six students were actually paid. These payments would have legitimately generated $5,975 in education credits, not $342,901, for a tax loss of $336,926.
According to the plea agreement, before claiming the education credits on their taxpayer clients' behalf, Galan did not ask taxpayer clients if they were paying for education or for documentation supporting the credits. Rather, Galan merely asked taxpayer clients' if they had children of college age. For some taxpayer clients, Galan prepared tax returns directing the IRS to deposit refunds - belonging to taxpayer clients - into personal bank accounts belonging to Galan and her co-conspirators. In total, Galan received direct deposits of taxpayer client refunds of $219,490.
“Tax return preparers have a duty to their clients to prepare tax returns that comply with the law and are complete and accurate,” said Steven Osborne, Special Agent in Charge, IRS-Criminal Investigation for the state of Idaho. "Our special agents use their investigative and financial expertise to detect and hold accountable abusive tax return preparers who falsely tell taxpayers they are eligible for tax credits that they are not entitled to receive.”
The case was investigated by the Internal Revenue Service, Criminal Investigation.
Today's announcement is part of efforts underway by the Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Wagoner Man Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that AARON EMIL WEEDEN, age 37, of Wagoner, Oklahoma, pled guilty to FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by no more than 10 years imprisonment, and up to a$250,000.00 fine or both.
The Indictment alleged that on or about November 13, 2016, in the Eastern District of Oklahoma, the Defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the Wagoner Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.
Assistant United States Attorney Kristin Harrington represented the United States.
UB Student Sentenced on Drug Importation 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 Adam Brzozowski, 23, of Queens, NY, who was convicted of conspiracy to import alprazolam, was sentenced to time served (approximately six months) and one year of supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Brzozowski and co-defendants Zhe Wang, and Kevin Szura, all UB students, imported shipments of pills or “bars” containing alprazolam, which is commonly known as Xanax, from Canada to Amherst, NY. In March 2016, law enforcement agents intercepted two packages addressed to Brzozowski that each contained nearly 3,000 Xanax bars. Wang and Szura ordered the drugs on dark net marketplaces via payment in bitcoins. The conspirators are estimated to have unlawfully imported upwards of 80,000 bars over the course of a year, which they largely sold locally.
Wang was convicted and sentenced to 24 months in prison. Szura has been convicted and is awaiting sentencing.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
U.S. Marshals Arrest Jefferson County Man for Sex Trafficking of a MinorRead the Press Release
BIRMINGHAM – U.S. Marshals late last week arrested a Jefferson County man on a charge of sex trafficking of a minor, announced Acting U.S. Attorney Robert O. Posey and FBI Special Agent in Charge Roger C. Stanton.
Marshals arrested TORRVEZ LEMARCUS CALDWELL, 22, on Thursday in Birmingham on one count of sex trafficking of a minor in 2015. A federal grand jury indicted Caldwell on the charge in April. He appeared before U.S. Magistrate Judge John Ott today for arraignment on the charge against him. He remains in custody.
Caldwell’s arrest comes during National Slavery and Human Trafficking Prevention Month.
The maximum penalty for sex trafficking a minor is life in prison and a $250,000 fine.
The FBI investigated the case, which Assistant U.S. Attorney Xavier O. Carter is prosecuting.
Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Two men plead guilty to illegal possession of a firearm chargesRead the Press Release
ELKINS, WEST VIRGINIA – Two men convicted for illegally possessing firearms, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Eric Wilson, 29, of Coalton, West Virginia, pled guilty to one count of “Unlawful Possession of Firearm by Drug Addict.” He admitted to possessing a .32 caliber revolver in May 2016.
Joseph Wayne Shipman, 43, of Buckhannon, West Virginia, pled guilty to one count of “Unlawful Possession of a Firearm.” Shipman, who had previously been convicted of a felony offense in Upshur County, is prohibited from possessing a firearm. He admitted to possessing multiple firearms in December 2016 in Upshur County, West Virginia.
They each face up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner prosecuted the cases on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated the Wilson case and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the Shipman case.
U.S. Magistrate Judge Michael John Aloi presided.
Two Indicted in Sweeping Mortgage Fraud InvestigationsRead the Press Release
PROVIDENCE, R.I. – A 14-count federal indictment filed in U.S. District Court in Providence charges two individuals, Hasan Hussain, 55, of Princeton, N.J., and Ricardo Abreu, 50, of Cranston, R.I., with allegedly participating in a conspiracy to defraud financial institutions, investors and financially distressed homeowners of at least 14 properties in Providence, Pawtucket and Cranston of fees, rental income, mortgage payment funds, property ownership and/or proceeds from the sale of their properties.
United States Attorney Peter F. Neronha announced today that this indictment represents the latest charges brought in a wide-ranging series of on-going federal criminal investigations into mortgage fraud in Rhode Island. The investigations are being conducted by the United States Attorney’s Office, the FBI, the U.S. Department of Housing and Urban Development Office of Inspector General, the U.S. Secret Service and the Rhode Island State Police Financial Crimes Unit.
To date, 10 individuals have been charged in U.S. District Court in Providence.
United States Attorney Peter F. Neronha commented, “Today’s defendants join their cohorts in facing charges for allegedly manipulating the mortgage lending process in a whole variety of ways. As alleged in the Indictment, the defendants used more than a dozen properties to advance their scheme to defraud, and in some instances, used a single property to defraud and victimize multiple people and entities. As alleged, their creativity was exceeded only by their greed, but their scheme, however complicated, has now been unraveled by law enforcement. The kind of schemes alleged here raise the cost of mortgage lending for all Rhode Islanders, and are therefore deserving of our most concerted law enforcement efforts.”
Joining United States Attorney Peter F. Neronha in announcing an indictment which charges Hasan Hussain with one (1) count of conspiracy, five (5) counts of wire fraud and eight (8) counts of aggravated identity theft; and Ricard Abreu with one (1) count of conspiracy and two (2) counts of wire fraud are Harold H. Shaw, Special Agent in Charge of the Boston Division of the FBI; Christina D. Scaringi, Special Agent in Charge of the Northeast Region of the U.S. Department of Housing and Urban Development Office of Inspector General; Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
It is alleged that Hasan Hussain, through his various enterprises, with the assistance of employee and co-conspirator Ricardo Abreu, offered distressed homeowners loan modification, property management and property short sales services for a fee. Instead, it is alleged, the defendants conspired to fraudulently steal those funds, and to acquire and sell at least fourteen properties owned by distressed homeowners, many of whom are not fluent in English.
It is alleged that as part of the scheme, Hussain instructed distressed homeowners to vacate their properties while he worked to acquire loan modifications or short sales on their behalf. After taking control of the properties, Hussain not only pocketed fees and mortgage payments provided by the homeowners, he rented out some of the properties and pocketed rental payments without the owners’ knowledge.
It is also alleged that as part of the scheme, Hussain and Abreu acquired the properties in short sales and then solicited investors to purchase these properties at much higher prices thereby earning substantial profit. It is alleged that Abreu and others damaged the properties in order to reduce their appraised value prior to a bank inspection. Investors were promised investment opportunities that would require no down payment. It is alleged that the defendants caused false mortgage applications and other documentation to be filed to lending institutions for conventional bank and FHA mortgage loans for the buyers. Some of the documentation contained the names and personal identifying information of individuals who were unaware that their information was being used.
Hasan Hussain is scheduled to be arraigned in U.S. District Court on January 27, 2016. Ricardo Abreu was arraigned before U.S. District Court Magistrate Judge Patricia A. Sullivan on January 20, 2017, and released on unsecured bond.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Other cases charged in federal court as a result of the mortgage fraud investigations include:
A 22-count federal indictment returned in December 2015, which alleged that between 2007 and 2014, a Rhode Island real estate attorney, a real estate agent, a licensed loan originator, a former loan officer, a loan processor and a real estate investor, conspired to execute a scheme which caused prospective homebuyers to obtain mortgages from financial institutions based upon materially false loan applications and fraudulent supporting documentation. It was also alleged that as part of the conspiracy, false representations were made in order to obtain fees to which the defendants were not entitled or to make a profit selling property in which they had an ownership interest. It was further alleged that, in some instances, thousands of dollars were fraudulently obtained by misrepresenting on a Housing and Urban Development form the amount of funds due or to be paid to parties involved in a transaction;
In September 2015, a former mortgage loan originator was convicted of conspiracy to commit bank fraud by participating in a scheme to defraud Flagstar Bank, by filing a fraudulent mortgage loan application and supporting documentation in the name of a person known to be deceased; and
In July 2015, a real estate appraiser whose licensed had expired, but who continued to conduct and issue real estate appraisals using the identity, license and insurance certificate of two licensed appraisers without his permission or knowledge, was convicted of making false statements on a loan application.
The cases are being prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and William J. Ferland.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Two Associates of Wildboys Gang Plead Guilty to Charges Involving Attempted MurderRead the Press Release
Two associates of the Wildboys street gang in South Carolina have pleaded guilty to attempted murder in aid of racketeering for their roles in gang-related shootings.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Captain Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.
Joshua Manigault, aka J-Rizzle and Rizzle Back, 30, and Damien Robinson, aka Sacked Up, 20, of Green Pond, South Carolina, pleaded guilty today to attempted murder in aid of racketeering activity. Sentencing will be set before U.S. District Court Judge Richard M. Gergel of South Carolina.
According to admissions made in connection with the pleas, Manigault and Robinson were associates in the Wildboys, a violent criminal street gang based in South Carolina, with members operating in various South Carolina cities, including Summerville and Walterboro. Manigault and Robinson admitted that Wildboys members and associates have committed a wide range of racketeering activity, including assault with dangerous weapons, murder, robbery and narcotics trafficking.
Further, as part of their plea agreements, Manigault and Robinson admitted their involvement in a drive-by shooting in Walterboro on April 7, 2015. Robinson drove past a residence where members of the rival Dooley Hill gang were believed to reside while Manigault and another associate of the Wildboys fired multiple shots. One individual inside the home was hit by the gunfire and sustained serious bodily injury.
Manigault and Robinson were charged in an indictment with attempted murder in aid of racketeering and firearms offenses on Feb. 9, 2016.
Separately, also on Feb. 9, 2016, nine members and associates of the Cowboys gang were charged in an indictment with racketeering conspiracy, attempted murder in aid of racketeering, and firearms offenses. The indictment further alleges that, for a period of time, the Cowboys were aligned with the Wildboys. To date, multiple members and associates of the Cowboys have pleaded guilty to charges in the indictment, including racketeering conspiracy and attempted murder in aid of racketeering.
An indictment is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
ATF, the Colleton County Sheriff’s Office, the Walterboro Police Department, Charleston County Sheriff’s Office, the Dorchester County Sheriff’s Office, the Summerville Police Department and the First Circuit Solicitor’s Office are investigating the cases. The Criminal Division’s Organized Crime and Gang Section is prosecuting the cases in partnership with the 14th Circuit Solicitor’s Office.
Two Associates of Wildboys Gang Plead Guilty to Charges Involving Attempted MurderRead the Press Release
Contact: Office of Public Affairs (202) 514-2007
WASHINGTON – Two associates of the Wildboys street gang in South Carolina have pleaded guilty to attempted murder in aid of racketeering for their roles in gang-related shootings.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Captain Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.
Joshua Manigault, aka J-Rizzle and Rizzle Back, 30, and Damien Robinson, aka Sacked Up, 20, of Green Pond, South Carolina, pleaded guilty today to attempted murder in aid of racketeering activity. Sentencing will be set before U.S. District Court Judge Richard M. Gergel of South Carolina.
According to admissions made in connection with the pleas, Manigault and Robinson were associates in the Wildboys, a violent criminal street gang based in South Carolina, with members operating in various South Carolina cities, including Summerville and Walterboro. Manigault and Robinson admitted that Wildboys members and associates have committed a wide range of racketeering activity, including assault with dangerous weapons, murder, robbery and narcotics trafficking.
Further, as part of their plea agreements, Manigault and Robinson admitted their involvement in a drive-by shooting in Walterboro on April 7, 2015. Robinson drove past a residence where members of the rival Dooley Hill gang were believed to reside while Manigault and another associate of the Wildboys fired multiple shots. One individual inside the home was hit by the gunfire and sustained serious bodily injury.
Manigault and Robinson were charged in an indictment with attempted murder in aid of racketeering and firearms offenses on Feb. 9, 2016.
Separately, also on Feb. 9, 2016, nine members and associates of the Cowboys gang were charged in an indictment with racketeering conspiracy, attempted murder in aid of racketeering, and firearms offenses. The indictment further alleges that, for a period of time, the Cowboys were aligned with the Wildboys. To date, multiple members and associates of the Cowboys have pleaded guilty to charges in the indictment, including racketeering conspiracy and attempted murder in aid of racketeering.
An indictment is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
ATF, the Colleton County Sheriff’s Office, the Walterboro Police Department, Charleston County Sheriff’s Office, the Dorchester County Sheriff’s Office, the Summerville Police Department and the First Circuit Solicitor’s Office are investigating the cases. The Criminal Division’s Organized Crime and Gang Section is prosecuting the cases in partnership with the 14th Circuit Solicitor’s Office.
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Tennessee man sentenced for multiple bank robberies in Indiana, Missouri and GeorgiaRead the Press Release
Implied to the tellers in all three that he had a gun
PRESS RELEASE
Evansville – United States Attorney Josh J. Minkler, announced today that Heath B. Clark, 44, of Pleasant View, Tennessee, was sentenced to 100 months (over eight years) in prison by U.S. District Judge Richard L. Young following his guilty plea to the bank robberies of the Woodforest National Bank in Evansville, Indiana; the Bank of Bolivar in Springfield, Missouri; and the Fifth Third Bank in Kennesaw, Georgia. The case was the result of an investigation by the Federal Bureau of Investigation Violent Crimes Task Force, the United States Marshals Service and the Evansville, Indiana, Police Department.
On March 9, 2015, Clark walked into Fifth Third Bank located inside a Kroger grocery store in Kennesaw, Georgia and passed the teller a note that stated, “You are being robbed. I have a gun.” Clark then told the teller, “If you don’t empty your drawer I’m going to shoot you” and “You have six seconds to empty your drawer before I shoot you.” The teller stated that Clark never showed her a gun, but she believed he had one. The teller gave Clark the money from her drawer, and Clark left the bank. Clark robbed approximately $11,515 from the bank.
On March 19, 2015, Clark entered the Woodforest National Bank located inside the eastside Evansville Walmart. Clark handed a note to the bank manager which stated, “Don’t hit the [expletive] alarm.” The manager stated that Clark did not show or say he had a gun but he held his hand in his pocket insinuating that he had one. Clark then told the manager, “Give me all the money.” While waiting for the manager to put money into a bag, Clark unknowingly dropped a Tennessee Driver’s License and a green dot Gold Visa Debit card on the bank floor. The ID was for Heath Brent Clark, and the picture on the ID card matched the appearance of Clark. The manager gave Clark money from his drawer, and Clark left the bank with his ID card on the floor of the bank. Clark robbed approximately $830 from the bank.
On March 23, 2015, Clark entered the Bank of Bolivar located in Springfield, Missouri and handed the bank teller a note that said, “Don’t hit the alarm or I will [expletive] kill you.” The teller complied with Clark’s threats and gave him all of the cash from her drawer. Clark robbed approximately $8,610 from the bank.
On March 24, 2015, the United States Marshals Service located Clark at a casino in Robinsonville, Mississippi. Clark had over $2,000 cash in his possession at the time of arrest.
All three banks were insured by the Federal Deposit Insurance Corporation.
According to Assistant United States Attorney Kyle M. Sawa, who prosecuted the case for the government, Clark must make full restitution to the banks and serve three years of supervised release following his release from prison.
Superseding Indictment Filed in Skimming Device CaseRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeshua Paonessa-Velez, age 25, and Luis E. Arochom age 39, both of York City, Pennsylvania, were indicted on January 18, 2017, by a federal grand jury on a second superseding indictment charging them with bank fraud and identity theft.
The indictment was unsealed following Arochom’s arrest and arraignment on January 20, 2017, before U.S. District Magistrate Judge Martin C. Carlson. Arocho was ordered detained. Paonessa-Velez’s arraignment is tentatively scheduled for January 31, 2017.
According to United States Attorney Bruce D. Brandler, the first superseding indictment in May 2015, also brought charges against Arturo Meireles-Candel, age 34, of York City. That superseding indictment charged that Paoness-Velez and Meirels-Candel worked together and devised a scheme to obtain money from Adams County National Bank and Jersey Shore State Bank by placing “skimming” devices on the banks’ ATMs, capturing identification information of the bank customers using those ATMs, and either loading that information onto access devices and making purchases with those access devices, or making direct cash withdrawals out of customer accounts. The superseding indictment also charged both Paonessa-Velez and Meireles-Candel with sixteen counts of aggravated identity theft for stealing means of identification of sixteen of the banks’ customers. Meireles-Candel pleaded guilty to charges in the Superseding Indictment in exchange for no new charges being filed against him.
The new charges brought today by the grand jury in a second superseding indictment add additional instances of bank fraud and aggravated identity theft discovered by investigators and also an additional alleged participant in the scheme. The new charges include allegations of fraudulent activity at Member’s First Federal Credit Union in Hershey and Mechanicsburg, Santander Bank in Spring Grove and York, Centric Bank in Linglestown, Fulton Bank in Hershey, and Jonestown Bank and Trust in Lebanon.
The Adams County National Bank and the retail establishments where the defendants allegedly made the purchases using the stolen identities cooperated in the investigation. The bank reimbursed all of the affected customers for the losses to their accounts.
The case was investigated by the United States Secret Service, the Southwestern Regional (York) Police Department, the Pennsylvania State Police, Derry Township Police Department, and Lower Paxton Police Department. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the bank fraud offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The penalty for aggravated identity theft is 2 years of imprisonment consecutive to any sentence imposed for the underlying bank fraud offense. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Spirit Lake Man Sentenced to Federal Prison for 2nd Degree MurderRead the Press Release
FARGO - US Attorney Christopher C. Myers announced that on Jan. 24, 2017, Dallas Wayne Thundershield, 36, Fort Totten, ND, was sentenced before US District Judge Ralph R. Erickson to serve the rest of his natural life in prison and serve 5 years of supervised release. Judge Erickson also ordered that Thundershield pay a special assessment of $400 to the Crime Victims’ Fund, and to pay restitution in the amount of $150,032.19 which he left open for 60 days. On October 26, 2016, a federal jury found that Thundershield guilty of 2nd Degree Murder, Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury following a six-day trial.
On April 9, 2016, Thundershield and a female companion accepted a ride with Elvis Demarce and Richard Demarce on the Spirit Lake Indian Reservation. After driving around with the couple on numerous errands in the local area, an argument began between Thundershield and Elvis Demarce. Within a few moments of time, Thundershield had stabbed Elvis Demarce multiple times in the torso, and mortally wounded Richard Demarce with a single stab wound to the chest, piercing his heart. The female companion became alarmed and called the police four times while these events were happening to report the stabbing but hung up each time in fear of being detected by Thundershield.
Thundershield left the bodies on the side of the road and drove Elvis Demarce’s vehicle to a residence near Hamar, ND, where he had been staying. In the early morning hours of April 10, 2016, while at the same residence, Thundershield assaulted his female companion; as a result of that assault, she received substantial bodily injury. Police were called to that residence and Thundershield was arrested without further incident.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs-Fort Totten, and the North Dakota Bureau of Criminal Investigation.
Assistant US Attorneys Janice Morley and Matthew Greenley prosecuted the case.
Rochester Man Sentenced to Life in Prison Plus 10 Years for Conviction of Narcotics and Firearms Offenses in A Case Involving Two MurdersRead 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 Angelo Ocasio, 42, of Rochester, NY was sentenced to life in prison plus 10 years for his involvement in a violent drug trafficking conspiracy and for his involvement in a shooting and murder of Meosha Harmon at 137 Cameron Street in July 2009.
According to Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola, who handled the prosecution of the case, Ocasio was charged along with 10 other defendants in connection with a long-term and violent narcotics trafficking ring in the City of Rochester headed by James Kendrick and his brother Pablo "Paul" Plaza. Angelo Ocasio distributed drugs for the organization, but his principal role was that of enforcer who used violence against rival drug dealers, disloyal workers and any other who posed a danger to the conspiracy or its members. In late July 2009, Ocasio and one of his coconspirators Damion Colabatistto went to 137 Cameron Street looking to murder a rival drug dealer at that location. When someone came to an upstairs window of the residence, Ocasio and Colabatistto fired a total of approximately 11 shots at the person. As it turned out, the person at the window was Meosha Harmon who had moved into the residence after the targeted drug dealer had moved out. Harmon, who was 21 years at the time of her death and the mother of two young children, died as a result of gunshot wounds to her head.
In addition to Ocasio, nine of his co-defendants have also been convicted of multiple drug distribution and firearms offenses. Five defendants, in addition to Ocasio, have been convicted in connection with three other murders committed by members of the conspiracy. Francisco Santos was murdered in October 1998, his body was found in May 1999 buried on the Cattaraugus Indian Reservation in Erie County, N.Y. The second murder charged was that of their relative Ryan Cooper between May and July 1999. Cooper’s body has never been found. Finally, Jose Troche was murdered on January 14, 2010, in Rochester. After a six-week trial, James Kendrick was found guilty of various narcotics and firearms offenses and of the murders of Francisco Santos and of Ryan Cooper and sentenced to life in prison plus 30 years. Pablo Plaza was found guilty for the murder of Ryan Cooper and sentenced to life in prison plus 10 years. In sentencing both defendants, Judge Geraci found that they were also responsible for the murder of Jose Troche.
The sentencing of Ocasio is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division, and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Rochester Man Convicted of Drug Trafficking and Gun Possession OffensesRead 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 Ian D. Goolsby, 40, of Rochester, NY, was convicted after a jury trial of possession of heroin with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, possession of a firearm and ammunition as a previously convicted felon, possession of a firearm with removed, altered and obliterated serial number, and unlawful possession of a controlled substance. The charges carry a maximum penalty of life in prison and a $2,000,000 fine.
Assistant U.S. Attorneys Charles E. Moynihan and Craig R. Gestring, who handled the prosecution of the case, stated that on March 11, 2015, an Elmira Police Department officer conducted a traffic stop of the vehicle Goolsby was driving. When speaking to the defendant, the officer smelled marijuana coming from the car and asked Goolsby about the odor. The defendant said that it was on his clothes and that he smoked it earlier. The officer asked Goolsby to exit the vehicle and, after some discussion, he complied. A passenger was also asked to exit the vehicle. Officers searched the car and found a small amount of plant material, which was later determined to be marijuana, between the passenger seat and passenger door, as well as on the driver’s side of the car. A brown Nike shoe box was also found on the passenger side floor, inside of which was a Ruger, Model P90, .45 caliber semi-automatic pistol. The serial number had been removed or obliterated. Officers also found a magazine loaded with six .45 caliber rounds of ammunition with the handgun.
A further search of the vehicle uncovered a black insulated bag containing white, uncooked rice. Inside of this, they found 41 small wax-coated envelopes containing a white powdery substance with a stamp saying "dead man walking." A forensic chemist from the New York State Police Southern Tier Satellite Crime Laboratory examined one of the envelopes and concluded the white substance inside was heroin.
The trial verdict is the result of an investigation by Elmira Police Department, under the direction of Chief Joseph Kane and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.Sentencing is scheduled for April 24, 2017, at 9:30 a.m. before Judge Charles J. Siragusa, who presided over the trial of the case.
Randolph County man pleads guilty to possession of illegal explosive materialRead the Press Release
ELKINS, WEST VIRGINIA – Brian Scott Mayle, 37, of Coalton, West Virginia, pled guilty to possessing an illegal explosive material, Acting United States Attorney Betsy Steinfeld Jividen, announced.
In July 2016, Mayle who is not a licensee or permittee, received and transported C4 explosive material in Randolph County. He was convicted on one count of “Receipt and Transfer of Explosive Material without a License.”
He faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Prince Georges County Felon Exiled to 12 Years in Federal Prison for Armed Robbery and Gun OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Oswaldo Jariel Bonilla, age 29, of Adelphi, Maryland, today to 12 years in prison, followed by three years of supervised release, for conspiracy to commit an armed commercial robbery, attempted armed robbery, and being a felon in possession of a firearm. Judge Chuang also ordered Bonilla to pay restitution of $1,038.99 to the company he attempted to rob.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Stephen E. Walker of the Edmonston Police Department; and Chief Henry P. Stawinski of the Prince George’s County Police Department.
According to his plea agreement, Bonilla conspired to rob a towing business. Late on January 5, 2016, Bonilla and an accomplice went to the business with the intent to rob it. Bonilla was armed with a loaded .45 caliber silver revolver. Bonilla and the accomplice first attempted to sneak into the rear door of the facility, but it was locked. An employee who was in the building heard the activity and opened it to look outside. Bonilla and the accomplice attempted to rush inside, but the employee managed to close and lock the door and scramble to a phone.
Bonilla ran to the front door of the towing company and kicked in the door. Bonilla pointed the revolver at the employee’s head and demanded to know where the cash registers and safe were located. The employee told Bonilla that there were no cash registers or safe, but Bonilla did not believe the employee. Bonilla then forced the employee at gunpoint to escort him throughout the facility looking for the safe and other valuables, as well as tools that Bonilla could use to break into a safe. Bonilla used a “smartwatch” to call his accomplice and told the accomplice to join him by coming in the front door. However, when Bonilla and the employee reached the main office they saw the accomplice running away. Bonilla then ran from the towing business, still brandishing the firearm.
Another towing company employee, who was driving toward the towing business, saw Bonilla and his accomplice running away and followed them. Bonilla realized the second employee was following them and shot his revolver. Moments later, a marked Edmonston Police Department cruiser arrived on the scene with lights and siren activated. Bonilla then shot the revolver a second time in the direction of the police cruiser and the second employee.
Bonilla was arrested several blocks away while attempting to break into a residence. In an attempt to conceal evidence of his crime, Bonilla covertly swallowed two bullets. However, Bonilla became afraid that the bullets might discharge in his stomach and asked to be taken to the hospital. While in the hospital, Bonilla wrote a note on a tea bag asking his girlfriend to remove firearms and ammunition from his residence. Bonilla gave the note to a nurse and asked her to call his girlfriend to convey the message, but the nurse gave the note to police. Police subsequently searched the area where Bonilla was arrested and located clothing Bonilla work during the robbery as well as the revolver, which contained two spent rounds and several live rounds.
Bonilla had previous felony convictions, including a 2009 robbery conviction in Prince George’s County Circuit Court, and was prohibited from possessing firearms or ammunition.
United States Attorney Rod J. Rosenstein commended the FBI, Edmonston Police Department and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Michael T. Packard and Thomas M. Sullivan, who prosecuted the case.
Penn Yan Man Convicted by A Federal Jury of Gun and Witness Tampering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury convicted James E. Sandford, III, 28, of Penn Yan, NY, of possessing a stolen firearm, being a felon in possession of a firearm, and witness tampering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Brett Harvey and Frank Sherman, who handled the trial, stated that the defendant was initially arraigned on a criminal complaint in the Western District of New York on June 4, 2015. Subsequent to his arrest on the federal charges, Sandford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: “I’m not going to be in jail long. I will see you on the outside you snitch,” with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of defendant.
Eventually, Sandford was charged in a superseding indictment which alleged that he distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. He was further charged with distributing such substances— and controlled substance analogues, which are designed to mimic the effects of controlled substances—both to individuals under the age of 21 and within 1000 feet of St. Michael’s School, a private elementary school in Penn Yan. In addition, the superseding indictment alleged that on February 22, 2015, the defendant traded synthetic cannabinoids to a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun. Finally, the superseding indictment also charged him with witness tampering related to his statements to the suspected witness.
With the defendant contending that he did not know the substances he was distributing were illegal, the jury failed to reach a verdict on the drug charges against him. The jury did, however, convict him of the two firearms charges and the witness tampering charge against him.
The guilty verdicts are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Penn Yan Police Department, under the direction of Chief Mark Hulse; the Yates County Sheriff’s Department, under the direction of Ronald Spike; and the Yates County District Attorney’s Office, under the direction of Valerie Gardner.
PENNSYLVANIA Man Pleads Guilty IN FALSE TAX REFUND SCHEMERead the Press Release
WASHINGTON – A Pennsylvania man pleaded guilty today to conspiring to defraud the United States and to aiding and abetting the filing of false claims for tax refunds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania.
According to the indictment and information presented to the court, Shamback Francois, 27, engaged in a scheme to fraudulently obtain income tax refunds through the filing of false returns using stolen personal identifying information. At least one of Francois’s co-conspirators electronically filed the false tax returns, which directed that the fraudulently claimed refunds be deposited into a bank account in the name of Shamback Tax. Francois did not have a tax preparation service, but had opened up the account in order to facilitate the crime. Francois withdrew funds from this account to pay his co-conspirators. As part of the plea, Francois admitted to causing a loss of $425,841.14.
Francois is scheduled to be sentenced on April 18 before U.S. District Court Judge John R. Padova. Francois faces a statutory maximum sentence of 10 years in prison for the conspiracy count and a statutory maximum sentence of five years in prison for the false claims count. He also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Lappen commended special agents of Internal Revenue Service-Criminal Investigation and the FBI, who conducted the investigation, and Assistant U.S. Attorney David Ignall and Trial Attorney Eric B. Powers of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
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Oakdale woman pleads guilty to bribery charge at federal prisonRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that an Oakdale woman pleaded guilty last week to receiving bribes for smuggling cell phones and tobacco into the Federal Correctional Institution at Oakdale.
Billie A. Holmes, 55, of Oakdale, La., pleaded guilty January 17, 2017 before U.S. Magistrate Judge Kathleen Kay to one count of bribery of a public official. The plea will become final when accepted by U.S. District Judge Patricia Minaldi. According to the guilty plea, Holmes worked as an education contractor for FCI Oakdale. From September 2014 to May 2015, an inmate paid Holmes thousands of dollars to smuggle cell phones and tobacco into the prison. In January of 2015, another inmate informed law enforcement that he had been approached by an inmate who offered to sell him a cell phone for $1,600. Upon further investigation, it was learned that Holmes worked with an inmate to smuggle contraband into the prison. During the investigation, Holmes was recorded making plans to smuggle in a cell phone. Financial records also showed $4,200 in wire transfers to Holmes between November 2014 and December 2014.
Holmes faces not more than 15 years in prison, not more than three years of supervised release and a $250,000 fine. A sentencing date of April 21, 2017 was set.
The U.S. Department of Justice-Office of Inspector General investigated the case. Assistant U.S. Attorney Robert F. Moore is prosecuting the case.
Nurse Practitioner from Santa Fe Sentenced to Probation for Unlawful Possession of Controlled SubstancesRead the Press Release
ALBUQUERQUE – Nicole Renee Broderson, 45, of Santa Fe, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to two years of probation for the misdemeanor offense of unlawfully dispensing controlled substances. Broderson also was ordered to pay a $1,000 fine. As a result of this conviction, Broderson’s nurse practitioner’s license was suspended until May 2017, and she was required to forfeit her license to prescribe controlled substances.
Broderson was charged on Sept. 19, 2016, in a misdemeanor information with possession of “Ritalin” and hydrocodone from Jan. 2012 through April 2013, in Santa Fe County, N.M.
According to court documents, Broderson is a certified Nurse Practitioner who has been registered as a mid-level practitioner with the DEA since Oct. 2011, and is authorized to prescribe Schedule II, III, and IV controlled substances. From 2011 to 2013, Broderson practiced as a psychiatric nurse in Santa Fe, initially under the supervision of medical doctors. In mid-2012, Broderson began practicing as a solo-practitioner doing business as Broderson Psychiatric Services.
On Sept. 19, 2016, Broderson pled guilty to the misdemeanor information. In entering the guilty plea, Broderson admitted that from Jan. 2012 through April 2013, she issued to certain patients multiple, often overlapping prescriptions for “Ritalin” and hydrocodone that significantly exceeded the medically recommended dosages. Broderson further admitted instructing those patients to deliver the “Ritalin” and hydrocodone to her. Broderson admitted that prescribing, retaining, and possessing “Ritalin” and hydrocodone in this manner exceeded any legitimate medical purpose and was outside of the usual course of professional practice.
This case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
New York Woman Sentenced to Prison for Operating Unemployment Benefits Fraud SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that THERESA A. FREEMAN, 65, last residing in Yonkers, N.Y., was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 18 months of imprisonment, followed by three years of supervised release, for defrauding unemployment insurance programs in a “fictitious employer scheme.”
According to court documents and statements made in court, FREEMAN filed incorporation paperwork with the State of Connecticut for “Tribal Organic Products,” which she claimed was an internet business that she operated from an address in Trumbull, Connecticut. The business was, in fact, a fictitious company that did not engage in any business activity. In December 2012, FREEMAN’s son, Sean E. Montiero, filed a claim with the Connecticut Department of Labor for unemployment insurance benefits, claiming that he was laid off from Tribal Organic Products. Between January 2013 and July 2013, Montiero received approximately $13,474 in unemployment insurance benefits from the State of Connecticut.
The investigation revealed that FREEMAN also operated similar fictitious employer schemes that defrauded both the Pennsylvania Department of Labor and Industries and the North Carolina Department of Commerce, Division of Employment Security of $16,253 and $14,136, respectively.
Judge Arterton ordered FREEMAN to pay restitution in the amount of $43,863.
FREEMAN has been detained since her arrest on May 5, 2016. On September 20, 2016, she pleaded guilty to one count of conspiracy to commit wire fraud.
FREEMAN has a prior federal conviction in the District of South Carolina for mail fraud stemming from similar conduct. In that case, she was found to have committed the same unemployment benefits fraud offense in South Carolina, Connecticut, Hawaii, Florida and New York, and was sentenced to 15 months of imprisonment.
Montiero has pleaded guilty and awaits sentencing.
This investigation was conducted by the U.S. Department of Labor – Office of Inspector General; Connecticut Department of Labor; Office of the Chief State’s Attorney; Pennsylvania Department of Labor and Industries; North Carolina Department of Commerce, Division of Employment Security; and the Yonkers Police Department.
This case is being prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Navy Chief Pleads Guilty to Production of Child PornographyRead the Press Release
NORFOLK, Va. – Sterlin D. Williams, 38, of Virginia Beach, pleaded guilty today to production of child pornography.
According to the statement of facts filed with the plea agreement, Williams admitted that he created a video of himself engaged in sexual activity with a child under the age of 12 years old during the summer of 2015.
Williams was indicted by a federal grand jury on Nov. 17, 2016, and faces a maximum penalty of 30 years in prison when sentenced on April 27. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Maureen Evans, Special Agent in Charge, NCIS Norfolk Field Office, made the announcement after the plea was accepted by U.S. District Judge Henry Coke Morgan. Special Assistant U.S. Attorney Alyssa K. Nichol is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-161.
Navajo Man Sentenced to 240 Months in Federal Prison for Second Degree MurderRead the Press Release
PHOENIX – Yesterday, Derrick Haskan, of Kayenta, Ariz. and a member of the Navajo Indian Nation, was sentenced by U.S. District Judge Steven P. Logan to 240 months in prison, followed by five years of supervised release. Haskan had previously pleaded guilty to second degree murder.
The case involved Hasken crashing his truck into a vehicle traveling in the opposite direction. Hasken had a blood alcohol content of over .20 and was driving in excess of 85 MPH, without any braking action, 2 seconds prior to impact. Hasken killed two people in the vehicle as a result of his conduct, both victims were also members of the Navajo Indian Nation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Law Enforcement. The prosecution was handled by Sharon K. Sexton, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-16-8092-PCT-SPL
RELEASE NUMBER: 2017-005_Hasken
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Navajo Brothers from Kirtland Sentenced to Prison for Roles in March 2015 MurderRead the Press Release
ALBUQUERQUE – Two brothers, both enrolled members of the Navajo Nation who reside in Kirtland, N.M., were sentenced today in federal court in Albuquerque, N.M., for convictions arising out of the March 21, 2015 murder of a Navajo man. Elijah Shirley, 31, was sentenced to 121 months in prison followed by three years of supervised release, and Michael Shirley, 32, was sentenced to 63 months in prison followed by three years of supervised release.
According to court filings, Elijah Shirley, Michael Shirley, and their brother Maynard Shirley, 38, 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.
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. On that same day, Michael Shirley pled guilty to a felony information charging him with being an accessory after the fact, and admitted that after they killed the victim, he assisted Elijah Shirley by burning a BMW vehicle and Maynard Shirley by helping him secure housing and transportation.
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. Under the terms of his plea agreement, Maynard Shirley will be sentenced to 42 months in prison followed by a term of supervised release to be determined by the court. Maynard Shirley remains in custody pending a sentencing hearing, which is scheduled for Feb. 13, 2017.
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 are being prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Nicholas Marshall.
NYC Pair Pleads Guilty for Their Role in Mortgage Scheme Against Flaherty FundingRead 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 Angelo Loissaint, 42, and Jennifer Johnson, 41, both of West Babylon, NY, pleaded guilty to conspiring to commit mail and wire fraud before U.S. District Elizabeth A. Wolford for their role in a mortgage fraud scheme that victimized Flaherty Funding, a mortgage company located in Rochester, NY.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendants worked together to prepare false mortgage applications in the names of straw buyers and used fraudulent supporting documents. Loissant and Johnson worked together with another individual, against whom charges remain pending, to concoct the scheme to obtain mortgage loans from Flaherty Funding using fraudulent information. As a result of the scam, the defendants successfully obtained approximately $1,200,000 in loans, and sought an additional $900,000 for loans that ultimately did not close.
Sentencing for Loussaint and Johnson is scheduled for July 12, 2017, at 2:00 p.m., both before Judge Wolford.
Today’s pleas are the culmination of efforts by the United States Postal Inspection Service, Boston Division, under the direction of Inspector-in-Charge Shelly Binkowski; the United States Postal Inspection Service, New York Division; and the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.
Murfreesboro Woman Sentenced to Prison for Stealing Identities to File False Tax ReturnsRead the Press Release
Melinda Boisseau, 37, of Murfreesboro, Tenn, was sentenced on January 19, 2017, to two years in prison, followed by two years of supervised release, for filing false tax returns in the names of other individuals, announced David Rivera, U.S. Attorney for the Middle District of Tennessee.
Boisseau pleaded guilty on May 10, 2016 to charges of aggravated identity theft and filing false claims in tax returns. Boisseau was also ordered to pay restitution to the IRS in the amount of $53,289.
According to the statement of facts, between June 2010 through February 2011, Boisseau used stolen personal identification information, along with fake employer and wage information, to file as many as 66 fraudulent tax returns.
This case was investigated by the Internal Revenue Service - Criminal Investigation. Assistant U.S. Attorney Stephanie N. Toussaint prosecuted the case.
Missoula Man Pleads Guilty to Sex Trafficking and RacketeeringRead the Press Release
MISSOULA – Roam Savage Chandler, 22, of Missoula, Montana, pleaded guilty today in Missoula federal court to sex trafficking of a minor and racketeering charges. He faces a mandatory prison sentence of 10 years to life in prison for the trafficking count and up to five years for the racketeering charge. U.S. District Court Judge Donald W. Molloy presided over the change of plea and set sentencing for May 11, 2017 in Missoula.
In court documents, federal prosecutor Cyndee Peterson stated that if called upon to prove its case at trial, the United States was prepared to demonstrate that in May of 2016, law enforcement personnel interviewed a 17-year old female who stated that Chandler was her boyfriend and had the idea to make money from her participation in commercial sex acts. She stated that in early May of 2016, she engaged in multiple acts of commercial sex in different Missoula hotels and motels. She also said that Chandler had posted ads promoting commercial sex with her on the website backpage.com. She told law enforcement personnel that Chandler knew she was 17 years old. Chandler’s knowledge of her age was verified by another witness. Law enforcement personnel obtained hotel/motel records verifying the stays and records of the backpage.com advertisements.
An adult female witness stated that Chandler had similarly suggested that she engage in commercial sex acts and that she had in fact done so. Just as he had done with the 17-year-old, Chandler promoted the adult female online and received proceeds from her acts of
prostitution. Law enforcement personnel also obtained records substantiating the witness’ statements.
This case was prosecuted by Assistant U.S. Attorney Cyndee Peterson and investigated by the Montana Regional Violent Crime Task Force, the FBI, the Missoula Police Department, and the Missoula County Sheriff’s Office.
Mission Viejo Man Sentenced to 6½ Years in Federal Prison for Orchestrating $2.3 Million Real Estate Investment Fraud SchemeRead the Press Release
LOS ANGELES – A Mission Viejo man who admitted taking more than $2.3 million from investors in a fraudulent real estate investment scheme has been sentenced to 78 months in federal prison.
Francisco “Frank” Hobson, 40, who admitted to engaging in a fraudulent scheme in which he used real estate investor funds to pay for personal expenses and to make Ponzi-style payments to other investors, was sentenced yesterday by United States District Judge Percy Anderson. In addition to the 6½-year prison sentence, Judge Anderson ordered Hobson to pay approximately $1.61 million in restitution to 26 victims.
Hobson pleaded guilty in October to one count of wire fraud, admitting that he solicited money from investors with false promises to purchases properties, including a residence in Lakewood that was not actually for sale and a non-existent home in Downey.
Calling the defendant’s crimes “cold-hearted,” Judge Anderson said that Hobson was motivated by a desire for “a bigger house and bigger car,” and that Hobson’s actions demonstrated that he was “totally absorbed in his self and family at the expense of victims.”
At the time of the scheme, from late 2010 through July 2016, Hobson was a licensed real estate agent who lured victims with false promises that their investments would be used to purchase properties. However, the properties that Hobson promised to purchase for his victims were not for sale or simply did not exist, and the purchase agreements he sent to the victims were bogus. Additionally, Hobson continued to engage in the scheme for months after being interviewed in November 2015 by special agents with the Federal Bureau of Investigation, which had received complaints from two of his victims.
“The audacity of this defendant to continue his scheme after being interviewed by the FBI is shocking, and no doubt contributed to the significant sentence imposed by the court,” said United States Attorney Eileen M. Decker. “After that FBI interview in November 2015, the defendant went on to steal more than a half-million dollars from another family, money that was used to fund a lavish lifestyle and make payments to other victims.”
According to court documents, Hobson told investors to transfer money to “escrow accounts,” which were actually his own bank accounts. After the investors deposited their money, Hobson used the funds for personal expenses that included rent, travel, laser hair removal and plastic surgery.
“Mr. Hobson was motivated by greed that was not satisfied even after he knew his scheme was uncovered,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “This lengthy sentence should send a message to those using positions of trust to target certain groups through affinity schemes and should serve as a reminder to potential victims that extensive research is necessary before savings are turned over to individuals who promise large returns on investments and claim to be trustworthy.”
Out of the more than $2.3 million he collected as part of the scheme, Hobson paid out approximately $750,000 to his victims as Ponzi-style payments designed to conceal and extend the length of the scheme.
The case against Hobson was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Anil J. Antony of the Cyber and Intellectual Property Crimes Section.
Middlesex County, New Jersey, Man Sentenced to 37 Months in Prison for Tax EvasionRead the Press Release
NEWARK, N.J. – A Cranbury Township, New Jersey, man was sentenced today to 37 months in prison for failing to report over $1.5 million in income he fraudulently diverted to overseas shell companies, U.S. Attorney Paul J. Fishman announced.
Michael Q. Fu, 53, previously pleaded guilty before U.S. District Court Judge William H. Walls to an information charging him with one count of conspiring to evade income taxes and one substantive count of tax evasion. Judge Walls imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Fu and Albert W. Chang, 69, of Princeton Junction, New Jersey, co-owned and operated United Products and Instruments Inc. (UNICO) located in Dayton, New Jersey. UNICO was established by Fu and Chang in 1991 and primarily engaged in the sale and export of microscopes and centrifuges for medical purposes.
As part of the conspiracy, Fu and Chang created two shell companies headquartered in China – Action Towers and Bench Top Laboratories. Fu and Chang then diverted business income to themselves by funneling money to the shell companies’ bank accounts and deducting the diverted funds from UNICO’s corporate tax return as the cost of goods sold or commission.
In addition, Fu and Chang had Shanghai Electric, a Hong Kong based utility company, overbill UNICO by approximately five percent on legitimate invoices. Once the invoices were paid by UNICO, they directed Shanghai Electric to wire transfer the overbilled amount to their accounts in China, which they used for their personal benefit. Fu and Chang failed to report any of that income on their federal income tax returns.
In addition to the prison term, Judge Walls sentenced Fu to three years of supervised release and ordered him to pay restitution of over $870,000.
Chang pleaded guilty to his role in the conspiracy in September 2016 and awaits sentencing.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Terence S. Opiola; and officers of the Springfield Police Department, under the direction of Chief John Cook, with the investigation.
The government is represented by Senior Litigation Counsel Margaret Ann Mahoney of U.S. Attorney’s Criminal Division in Newark.
Defense counsel: Steven Seltzer Esq., New York, New York
McAlester Man Sentenced to 96 Months for Distribution of FentanylRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that ZACHERY SCOTT KERNS, age 30, of McAlester, Oklahoma, was sentenced to 96 months imprisonment, and 3 years of supervised release for DISTRIBUTION OF FENTANYL, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).
The Information alleged that on or about December 4, 2014, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of fentanyl, a Schedule II controlled substance.
The charge arose from an investigation by the Pittsburg County Sheriff’s Office, the District 18 Drug Task Force, and the Drug Enforcement Administration.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorneys Timothy Hammer and Shannon Henson represented the United States.
Man Sentenced for Illegally Possessing a FirearmRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who was prohibited from possessing a firearm based on his previous criminal convictions, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke on a federal firearms charge, Acting Untied States Attorney Rick A. Mountcastle announced.
Allah Truth Kelley, 39, of Roanoke, Va., previously pled guilty to one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Kelley was sentenced to 78 months in federal prison.
According to evidence presented at previous hearings by Assistant United States Attorney Ashley B. Neese, Kelley was arrested and charged after a woman called 911 and told police Kelley refused to leave her residence. The caller also told police that Kelley had two firearms on his person. Police officers were able to locate Kelley’s rental car, at which time they initiated a traffic stop. During the traffic stop, officers smelled marijuana, conducted a search of the vehicle and found marijuana, as well as two, loaded semi-automatic handguns inside the glove compartment.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and The Roanoke City Police Department. Assistant United States Attorneys Ashley B. Neese and Jennie L. M. Waering prosecuted the case for the United States.
Louisiana company to pay $1.2 million for discharge of pollutants into the Vermilion RiverRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a dietary supplement company must pay $1.2 million for illegally discharging pollutants into the Vermilion River.
Omega Protein Inc. was sentenced last week by U.S. District Judge Donald E. Walter for two counts of unlawful discharge of a pollutant into a water of the United States. Company representative John D. Held was present on the company’s behalf at the hearing. The company pleaded guilty and was sentenced Wednesday, January 18, 2017. Omega will pay a $1 million fine to the United States and $200,000 community service fee will be paid to the Louisiana State Police Emergency Service Unit. The company was also placed on probation for three years. Omega is a corporation located in Louisiana and incorporated under the laws of Virginia. According to evidence presented at the hearing, on December 8, 2014 and February 1, 2016, a manager at the Abbeville Omega plant directed employees to place a hose in a treatment pond and drain polluted water into a canal that emptied into the Vermilion River.
The criminal investigation divisions of the U.S. Environmental Protection Agency and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Latin Kings IndictedRead the Press Release
HAMMOND – United States Attorney David Capp announced federal racketeering charges against 11 additional members of the Latin Kings, a criminal enterprise doing business in Chicago and northwest Indiana. The Indictment also alleges a drug conspiracy in which the 11 plus another additional individual were charged. Named in today’s indictment are:
Jeremiah Shane Farmer, 35, of Hammond, IN
Lazaro Francisco Delgado-Gonzalez, Jr. a/k/a “Pollo Loco”, 27, of Highland, IN
Timothy Maurice Diaz a/k/a “Slice”, 34, of Hammond, IN
Sean Michael Pena a/k/a “Big Body”, 34, of Hammond, IN
Marquis Sean Medellin a/k/a “Kilo”, 30, of Hammond, IN
David Ulmenstine a/k/a “Silent”, 25, of Harvey, IL
Jorge Esqueda a/k/a “Silent”, 22, of East Chicago, IN
Juan Alcaraz a/k/a “Silent”, 28, of Hammond, IN
Miguel Angel Marines a/k/a “Egg”, 22, of East Chicago, IN
Rafael Cancel, 35, of Hammond, IN
Kash Lee Kelly, 28, of Hammond, IN
Eduardo Ivel a/k/a “Little Smiley”, 21, of Hammond, IN
These 12 individuals were added to the existing Latin King indictment pending in the Northern District of Indiana that had previously charged 26 members or associates of the Latin Kings. All of the above, except Kash Lee Kelly, were charged with a conspiracy to participate in racketeering activity. All of the above, including Kash Lee Kelly, were charged with a conspiracy to distribute narcotics.
Law enforcement arrested 8 of these individuals today: Delgado-Gonzalez, Medellin, Ulmenstine, Esqueda, Alcaraz, Marines, Cancel, and Kelly. Two others, Farmer and Ivel, were already in State custody on unrelated charges. Two of the individuals, Timothy Maurice Diaz and Sean Michael Pena, are considered fugitives from justice.
We are currently seeking the whereabouts of:
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(Apprehended)Timothy Maurice Diaz a/k/a “Slice”, 34, of 6320 New Hampshire Avenue Hammond, IN
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Sean Michael Pena a/k/a “Big Body”, 34, of 1148 State St Hammond, IN
If you have any information as to the whereabouts of the above individuals please contact the Federal Bureau of Investigation at 317-595-4000 or Bureau of Alcohol, Tobacco, Firearms and Explosives at 1-800-ATF-GUNS.
This indictment alleges new overt acts in furtherance of the illegal objectives of the Latin Kings including retaliatory arsons: January 5, 2013 on Durbin Street in Gary and on March 22, 2013 on Sherman Street also in Gary.
The previous indictments had charged Anton James with murder in aid of racketeering for his alleged role in the murder of Martin Hurtado Sr. The indictment alleges that, on Oct. 28, 2014, James shot and killed Hurtado Sr. in Hammond believing that he was Martin Hurtado Jr., whom James believed was a rival gang member. They also detailed two previously uncharged murders as alleged overt acts in the racketeering conspiracy. On July 18, 2011, Travis Nash was shot and killed in Hammond. The indictment alleges that Reynaldo Robles, acting at the direction of Aldon Perez (indicted previously), shot and killed Nash, believing him to be a rival gang member. The indictment also alleges that on August 14, 2014, Keith Trevor Manuel and Joseph Uvalle (both indicted previously) demanded that members of the Latin Kings take action against Estrella’s Bar in Hammond, Indiana, as the owner of Estrella’s Bar was allowing rival gang members to patronize the bar. It is alleged that Uvalle drove Nicholas Baez and Antonio Gamino to the bar and handed Baez a firearm. Baez shot into the bar, striking and killing Raudel Contreras, while Gamino served as a lookout. In addition, Latin King indictments had charged Joseph Uvalle with sex trafficking offenses, and this indictment carries those charges over unchanged from the previous indictment.
This indictment is part of the ongoing effort by local and federal law enforcement to remove criminal organizations from the streets of northwest Indiana.
United States Attorney Capp said, “As I have repeatedly stated, if you are a member of or associate with these criminal organizations we are coming after you. It may take us months or it may take longer but we are coming after you.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chicago Police Department, the East Chicago Police Department, the Federal Bureau of Investigation, the Gary Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents. The Northern District of Illinois United States Attorney’s Office and the Lake County Prosecutor’s Office also has provided assistance. The Latin King case is being prosecuted by Assistant U.S. Attorneys David J. Nozick, Dean Lanter and Abizer Zanzi of the Northern District of Indiana.
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Las Vegas Woman Pleads Guilty to Possessing Stolen Mail and Counterfeiting U.S. CurrencyRead the Press Release
LAS VEGAS, Nev. – A Las Vegas woman pleaded guilty today to possessing stolen mail and making counterfeit U.S. currency, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
“Mail theft and manufacturing counterfeit money are serious crimes. Victims of mail theft may suffer for years after the crime has been committed and counterfeit currency impacts the economy and businesses,” said U.S. Attorney Bogden. “The U.S. Attorney’s Office will continue to work closely with the U.S. Postal Service and our law enforcement partners to bring offenders to justice. Citizens are urged to report incidences of mail theft immediately.”
Mary Fixico, 24, pleaded guilty to possession of stolen mail and counterfeiting before United States District Judge Andrew P. Gordon. Co-defendant, Kyle Sanz-Carver, 32, pleaded guilty on Dec. 28, 2016, to possession of stolen mail, possession of counterfeit U.S. Postal Service key, and possession of counterfeit U.S. Postal Service lock. They were indicted on Aug. 9, 2016.
According to the plea agreement, Fixico admitted that she and Sanz-Carver were in possession of approximately 45 pieces of stolen mail, approximately 80 bank and credit card account statements, and approximately 130 personal and commercial checks, all acquired from stolen first class mail. In addition, Fixico admitted that she knew the mail items were stolen and that Sanz-Carver was in possession of one U.S. Postal Service lock and four counterfeit U.S. Postal Service keys which were used to open U.S. mail boxes and mail receptacles to steal the mail items.
Furthermore, Fixico admitted that she would make her own U.S. currency with a scanner/printer and counterfeiting paraphernalia. She used the counterfeit currency at grocery stores, gas stations, and other businesses throughout Las Vegas. During the execution of a search warrant at Fixico’s and Sanz-Carver’s residence, law enforcement found a total of 23 completed forged checks that totaled $50,782. The payee’s name on the forged checks had been changed to Fixico’s name.
Sentencing is scheduled for April 19, 2017. Fixico faces a statutory maximum penalty of five years in prison and a $250,000 fine for possession of stolen mail and a maximum penalty of 20 years in prison and a $250,000 fine for counterfeiting.
The case was investigated by the U.S. Postal Service; and prosecuted by Assistant U.S. Attorney Lisa C. Cartier-Giroux.
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Las Cruces Felon Sentenced to Prison for Unlawfully Possessing FirearmRead the Press Release
ALBUQUERQUE – Richard Isaac Quezada, 34, of Las Cruces, N.M., was sentenced yesterday afternoon in federal court to 46 months in prison for violating the federal firearms laws by illegally possessing a firearm. Quezada will be on supervised release for three years after he completes his prison sentence.
Quezada was arrested in March 2016, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on March 14, 2016, in Doña Ana County, N.M. According to the complaint, Quezada was arrested after he discharged a firearm and struck a vehicle. During a search incident to arrest, the officers found that Quezada was in possession of a loaded firearm and ammunition.
On July 20, 2016, Quezada pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Quezada admitted that on March 14, 2016, he possessed a loaded handgun and ammunition. Quezada admitted that he was prohibited from possessing firearms or ammunition because his prior conviction for importing marijuana.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Laredo Man Sentenced for Possessing Nearly 164 Kilos of MarijuanaRead the Press Release
LAREDO, Texas – A 29-year-old Laredoan has been ordered to federal prison following his convictions of conspiracy and possession with intent to deliver marijuana, announced U.S. Attorney Kenneth Magidson. A federal jury convicted Daniel Elizondo March 16, 2016.
Today, U.S. District Judge Diana Saldana, who presided over the trial, handed Elizondo a 46-month sentence to be followed by three years of supervised release. At the hearing, Elizondo admitted his involvement in the marijuana smuggling event and apologized to the court and his family. In handing down the sentence, the court noted that Elizondo took responsibility for his part in the crime. Elizondo was also ordered to complete 50 hours of community service.
At trial, several Border Patrol (BP) agents testified that Elizondo was the driver of a pickup truck involved in a marijuana smuggling event. On the night of Dec. 11, 2015, authorities saw several individuals crossing the Rio Grande River carrying bundles of suspected narcotics. They watched the individuals as they hid in a brushy area next to a roadway on the Laredo side of the river.
Approximately an hour and a half later, Elizondo arrived along with two other vehicles. Bundles were then loaded into Elizondo’s truck. He then began to drive away from the scene when he was stopped by BP agents. At that time, they discovered four bundles of marijuana in the bed of the pickup truck and one bundle that had been dropped nearby.
In total, Elizondo was convicted of possessing 163.9 kilograms of marijuana. The value of the drugs at the time of the event was approximately $70,000.
Elizondo was taken into custody following the return of the verdict where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and BP conducted the investigation. Assistant U.S. Attorney (AUSA) Sarah Ellison and Special AUSA Lisa Ezra prosecuted the case.
Lake Forest Woman Pleads Guilty in $3.5 Million Real Estate Investment Scheme that Targeted Orange County InvestorsRead the Press Release
SANTA ANA, California – A Lake Forest woman who participated in a real estate investment scheme in which Southern California investors collectively suffered nearly $3.5 million in losses has pleaded guilty to federal charges.
Angel Bronsgeest, 55, pleaded guilty yesterday to one count of wire fraud before United States District Judge Cormac J. Carney.
In court yesterday, Bronsgeest admitted that she participated in a scheme in which victims were offered investments in a company known as The Equity Growth Group (TEGG). From through 2014, Bronsgeest and the man allegedly behind the scheme solicited victims during seminars in Orange County hotels offered by Investor Workshops, Inc.
The man who allegedly orchestrated the scheme – Shawn Patrick Watkins, 46, of Layton, Utah – was arraigned on September 1, 2016, after he surrendered to FBI agents in Orange County. Watkins is charged with nine counts of mail fraud, wire fraud and money laundering in an indictment that alleges he masterminded the scheme that defrauded at least 50 victims. Watkins allegedly presented himself as an expert in the field of real estate investment and attempted to gain trust by telling investors that he previously had worked in law enforcement.
As part of the solicitations, Bronsgeest admitted that she made false promises to investors. For example, investors were falsely advised that TEGG controlled hundreds of properties that generated rental income and TEGG would continue its growth by acquiring new properties. Investors were led to believe that they would receive substantial interest payments and that their money would be secured by collateral through the filing of deeds of trust on properties.
In reality, over the course of several years leading up to the collapse of TEGG, the company was not acquiring new properties and had a negative cash flow. Investor money was not used to acquire new properties, nor was it secured by collateral, and many victims did not receive interest payments. In fact, money that was paid to some victims as purported interest or a return on their investment came from investments made by other victims.
“This investment scheme was built on lies that began with false promises made during seminars to potential investors,” said United States Attorney Eileen M. Decker. “The falsehoods supported a Ponzi scheme that took money from unsuspecting victims for years and caused millions of dollars in losses. Investors must be wary of investment schemes that promise high rewards and no risk.”
“Defendant Bronsgeest knowingly took money from investors while knowing her offer was fraudulent,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Bronsgeest participated in this scheme in which her co-defendant, Shawn Watkins, used and overstated his brief history as a reserve deputy with law enforcement in order to gain the trust of investors, an exaggeration which ultimately got the attention of law enforcement officials and led to his undoing."
Bronsgeest is scheduled to be sentenced by Judge Carney on December 4. The charge of wire fraud carries a statutory maximum penalty of 20 years in federal prison.
Watkins is currently scheduled to go to trial on August 1 before Judge Carney.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
If convicted of the nine charges in the indictment – four counts of mail fraud, two counts of wire fraud and two counts of money laundering, Watkins would face a statutory maximum penalty of 180 years in federal prison.
The investigation in this case is being conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Gregory W. Staples of the Santa Ana Branch Office.
Jordan Davis Sentenced to 24 Months in Prison for Conspiring to Steal Money from Community Action of MinneapolisRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of JORDAN JAMES DAVIS, 36, to 24 months in prison for conspiring with his father, WILLIAM JAMES DAVIS, to steal funds from Community Action of Minneapolis (CAM). JORDAN DAVIS was convicted on June 28, 2016, after a jury trial. He was sentenced today before U.S. District Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minn.
As proven at trial, WILLIAM DAVIS used CAM funds to pay his son JORDAN DAVIS for a no-show job at a Ben & Jerry’s ice cream shop operated by CAM as a PartnerShop near the University of Minnesota campus in Minneapolis. Ben & Jerry’s waived its standard franchise fees so that CAM could operate the store to provide job and entrepreneurial training to underprivileged youth facing barriers to employment.
Between 2002 and October 2006, JORDAN DAVIS worked as the manager of the Ben & Jerry’s PartnerShop. In October 2006, JORDAN DAVIS obtained employment with the Minneapolis Police Department, and thereafter stopped working at the Ben & Jerry’s.
WILLIAM DAVIS instructed CAM’s fiscal staff to continue issuing JORDAN DAVIS the full paycheck he had been receiving for managing the ice cream shop. Even though JORDAN DAVIS never again worked a shift at the Ben & Jerry’s, from at least November 2006 until January 2011, he continued to receive his full paycheck, $1,320 biweekly. In addition to receiving paychecks for his no-show job, Jordan Davis also used a CAM-owned vehicle, made personal purchases using a Ben & Jerry's debit card, and received a $6,000 “bonus” check. During this same period, the Ben & Jerry’s store was consistently losing money, forcing CAM to transfer approximately $100,000 in federal grant funds each year in order to keep the doors open.
In April 2011, CAM closed the Ben & Jerry’s PartnerShop because CAM could no longer afford the rent for the store, and CAM terminated its youth job skills training program.
This case is the result of an investigation conducted by the Federal Bureau of Investigation, United States Department of Health and Human Services Office of the Inspector General, Internal Revenue Service – Criminal Investigation and the United States Department of Energy Office of the Inspector General.
This case was prosecuted by Assistant United States Attorneys Kimberly A. Svendsen and Amber M. Brennan.
Defendant Information:JORDAN JAMES DAVIS, 36
Ostego, Minn.Convicted:
• Conspiracy to commit theft concerning programs receiving federal funds, 1 count
• Mail fraud, 5 countsSentenced:
• 24 months in prison
• Two years of supervised release
• Restitution in an amount to be determinedJefferson County Man Guilty in Fraud SchemeRead the Press Release
BEAUMONT, Texas – A 48-year-old Port Arthur, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Larry Lee Stephenson pleaded guilty to conspiracy to commit wire fraud today before U.S. Magistrate Judge Zack Hawthorn.
According to information presented in court, on Sep. 30, 2016, federal and local agents arrested three individuals in the Houston area involved in a nationwide six-year scheme which defrauded the relatives of federal inmates by falsely representing that they could obtain reductions in their relatives’ sentences in exchange for the payment of cash and wire transfers of funds. The payments were falsely represented to be for the payment for a network of confidential informants who would make undercover drug transactions under the direction of the courts and prosecutors which would allow the incarcerated inmates to ask the court for reductions of sentences for providing substantial assistance to the government under the Federal Rules of Criminal Procedure. In reality the indictment alleges the money was spent for the personal benefit of the defendants and there was never any network of informants or undercover transactions. Federal inmates do not have to pay for substantial assistance motions for reductions of sentences which normally only require information to be provided by such inmates against co-defendants as well as trial testimony. Separate indictments in the scheme were handed down by federal grand juries in the Eastern District of Texas, Beaumont Division, and the Southern District of Florida, Miami Division. The Texas indictment alleged a wire fraud and conspiracy to commit wire fraud involving six individuals: Alvin James Warrick, 41, Colitha Patrice Bush, 36, Ronald B. Shepherd, 33, and Alvin Turner, 54, all of Houston, Texas; and Larry Lee Stephenson, 48, of Port Arthur, Texas. Additionally, Alvin James Warrick, Colitha Patrice Bush, Ronald B. Shepherd were also the subject of the indictment from the Southern District of Florida also alleging a wire fraud and conspiracy to commit wire fraud. The indictments allege different victims in and around each district. The scheme resulted in losses to inmate families of over four million dollars. Turner was arrested in October and Stephenson surrendered in October. One defendant remains at large and is being sought by authorities. Warrick is detained pending trial in Miami. Bush, Shepherd, Turner, and Stephenson are released on conditions.
Under federal statutes, the defendants face up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation; Department of Justice, Office of Inspector General, in Miami and New York region; U.S. Marshals Service; Houston Police Department- Major Offenders Division; United States Attorney’s Offices in the Eastern District of Texas, Southern District of Florida, and Eastern District of New York. The case is being prosecuted by Assistant U.S. Attorney Robert L. Rawls.
January Grand JuryRead the Press Release
United States Attorney Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned 19 indictments charging 20 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Luis Aldana, age 44, of Omaha, is charged with illegal reentry after deportation on or about December 29, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Andres Arza Asturizaga, a/k/a Andres Arza, age 27, is charged with illegal reentry after deportation following an aggravated felony conviction on or about January 10, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Larry L. Boryca, age 58, of Blair, Nebraska is charged in a four-count Indictment. Count I of the Indictment charges the defendant with theft of government funds beginning in or around 1990, and continuing without interruption until in or around March 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts II thru IV of the Indictment charge Boryca with social security fraud beginning in or around 1990 and continuing until on or about January 17, 2015. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count .* Keith Buchanan, aka Sung-Mai-Tu-Ska Buchanan, age 27, of Sioux City, Iowa is charged in a two-count Indictment. Count I of the Indictment charges the defendant with assault with a dangerous weapon, with intent to do bodily harm on or about October 22, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Buchanan with domestic assault by an habitual offender on or about October 22, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Irma De La Cruz-Avalos, is charged in a three-count Indictment. Count I of the Indictment charges that on or about August 12, 2016, the defendant used a State of Nebraska Identification Card and a Social Security card knowing said documents were not issued lawfully for the use of the defendant. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges De La Cruz-Avalos with false representation of a social security number on or about August 12, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count III of the Indictment charges the defendant with false representation of U.S. Citizenship on or about August 12, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.* Lara Jean Deming, a/k/a Lara Jean Wolfe, age 28, is charged with assault with a dangerous weapon, with intent to do bodily harm on or about October 1, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Latasha D. Ellis, age 43 and Niquisha Taylor, age 36, both of Omaha, are charged in a ten-count Indictment. Count I of the Indictment charges both defendants with conspiracy to defraud the government by filing fraudulent tax returns from on or about January 16, 2012, until on or about December 11, 2014. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Counts II through X of the Indictment charge Ellis and Taylor with filing false, fictitious, and fraudulent tax returns from February 2, 2012 through March 4, 2014. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count.
* Feliciano Fuentes-Avecias, age 34, is charged with illegal reentry after deportation following a felony conviction on or about November 21, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Fernando Garcia Menendez, age 50, is charged with illegal reentry after deportation following a felony conviction on or about December 14, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Estaban Ignacio-Saligan, age 34, of Omaha, is charged with illegal reentry after deportation following an aggravated felony conviction on or about January 9, 2017. The maximum possible penalty if convicted is 20 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Pedro Raymundo Loarca, age 39, of Crete, Nebraska, is charged with illegal reentry after deportation on or about December 13, 2016. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Nelson Mendoza-Zuniga, age 35, is charged with illegal reentry after deportation following a felony conviction on or about December 14, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Celso Mercado-Sierra, age 39, of Grand Island is charged with illegal reentry after deportation following a felony conviction on or about December 10, 2016. The maximum possible penalty if convicted is 10 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Bernardo Miranda-Mauricio, age 24, of Omaha is charged with illegal reentry after deportation on or about December 7, 2016. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Ricardo Ochoa Cervantes, age 47, of Bellevue, Nebraska, is charged with illegal reentry after deportation on or about January 4, 2017. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Juan Francisco Rodriguez-Pena, age 48, is charged in a two-count Indictment. Count I of the Indictment charges that on or about October 25, 2016, the defendant used a State of Nebraska Identification Card and a Social Security card knowing said documents were not issued lawfully for the use of the defendant. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment. Count II of the Indictment charges Rodriguez-Pena with false representation of a social security number on or about October 25, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
* Simon Vega-Garduno, is charged with illegal reentry after deportation on or about January 11, 2017. The maximum possible penalty if convicted is 2 years imprisonment, a $250,000 fine, a 1 year term of supervised release, and a $100 special assessment.
* Vicente Velazquez, age 32, of Omaha, is charged in a five-count Indictment. Count I of the Indictment charges the defendant with conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture containing methamphetamine from an unknown date but at least as early as November 9, 2016, up to and including December 7, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. Counts II through IV of the Indictment charge Velazquez with distribution and possession with intent to distribute a mixture containing methamphetamine on or about November 9, 2016, November 16, 2016, and November 29, 2016. The maximum possible penalty if convicted is 20 years imprisonment, a $1,000,000 fine, a 3 year term of supervised release, and a $100 special assessment for each count. Count V of the indictment charges the defendant with possession with intent to distribute 50 grams or more of a mixture containing methamphetamine on or about December 7, 2016. The maximum possible penalty if convicted is 40 years imprisonment, a $5,000,000 fine, a 4 year term of supervised release, and a $100 special assessment. The indictment also alleges any and all property constituting or derived from any proceeds obtained directly or indirectly as a result of the violation alleged in the indictment and any property used to commit the offense should be forfeited to the United States.
* Victor Wolfe, age 25, of Macy, Nebraska, is charged with failure to appear on or about December 2, 2016. The maximum possible penalty if convicted is 5 years imprisonment, a $250,000 fine, a 3 year term of supervised release, and a $100 special assessment.
Illinois Woman Pleads Guilty in Stolen Identity Tax Fraud SchemeRead the Press Release
A former Poplar Grove, Illinois woman pleaded guilty in federal court in Rockford, Illinois today to mail fraud and aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Zachary T. Fardon for the Northern District of Illinois.
According to documents filed with the court, from 2012 through 2014, Shameka Carr, 30, used individuals’ names, social security numbers and dates of birth without their knowledge or consent to file fraudulent income tax returns. Carr directed the fraudulently claimed refunds to prepaid debit cards and refund checks which she had mailed to addresses in Rockford and its surrounding areas. Carr admitted to an intended tax loss of $1,026,284.
Sentencing is scheduled for May 2. Carr faces a statutory maximum sentence of 20 years in prison on the mail fraud count and a two-year mandatory minimum sentence on the aggravated identity theft count. Carr also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Fardon commended special agents of the U.S. Postal Inspection Service and IRS-Criminal Investigation and the Boone County Sheriff’s Department, who conducted the investigation, and Trial Attorneys Michael C. Boteler and John T. Mulcahy of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Grand Jury Indicts Rochester Man for Involvement in Xerox Credit Union Robbery and on Various Weapons OffensesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned two separate indictments charging Richard Leon Wilbern, 56, of Rochester, NY, with several felony crimes. In a two-count indictment, Wilbern is charged with the August 12, 2003, armed robbery of the Xerox Federal Credit Union which resulted in the death of Raymond Batzel. The charges carry a maximum sentence of life in prison. A second indictment charges Wilbern with the September 27, 2016, unlawful possession of a firearms by a previously convicted felon which carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that according to the first indictment, Wilbern entered the Xerox Federal Credit Union on the morning of August 12, 2003, carrying a large brief case and an umbrella wearing an FBI raid jacket, sunglasses, a United States Marshals badge, and a wig. The defendant then informed a credit union employee that he was present to conduct a security check. After encountering some resistance from the employee, Wilbern removed two firearms from the briefcase and informed the employee to retrieve cash from the teller station. As Wilbern began to lay other employees and patrons on the floor, he shot and killed Batzel near the front door of the credit union and then turned his aim to a second patron who had just entered the credit union. Wilbern proceeded to shoot that second customer in the back as he turned and ran. After the shootings, Wilbern returned to the front desk where he demanded and received a large amount of cash from the desk tellers. Wilbern then fled the scene, leaving behind the umbrella which was subsequently tested and discovered to contain his DNA.
The second indictment states that Wilbern in 2016 possessed four firearms that he maintained at his girlfriend’s residence on Tubman Way in Rochester. Those weapons included:
• one Feather Industries Inc. Model AT-9, 9 mm rifle loaded with 25 rounds in the rifle magazine;
• one Norinco SKS rifle loaded with 11 rounds of 7.62 x 39 caliber ammunition;
• one SAA Model SA15 semi-automatic rifle along with two empty magazine clips; and
• one Kel Tec model Sub 2000, .40 Smith and Wesson caliber rifle.Wilbern, who has two prior felony convictions, is prohibited under federal law from possessing any firearms.
The defendant, who is currently being held without bail pending a detention hearing, will be arraigned on January 27, 2017, at 9:30 a.m. before U.S. Magistrate Judge Jonathan W. Feldman.
The indictments are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Webster Police Department, under the direction of Chief Joseph P. Rieger; the New York State Police, under the direction of Major Richard Allen; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the United States Marshals Service, under the direction of Charles Salina; and the Monroe County District Attorney’s Office, under the direction of Sandra Doorley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Goodall Found Guilty in Kidnapping Case of Wake Forest ManRead the Press Release
RALEIGH –The United States Attorney’s Office announced that on January 23, 2017, a jury found SHAMIEKA GOODALL, a/k/a Donna Diva, 30, guilty of Conspiracy to Commit Kidnapping and of a substantive count of Kidnapping.
In October of 2012, Kelvin Melton, one of the founding members of the United Blood Nation, was convicted by a Wake County jury on two counts pertaining to a gang-related shooting that occurred in Raleigh in September of 2011. As a result of this conviction, Melton was sentenced to life imprisonment and incarcerated in the maximum security unit at Polk Correctional Institution (“Polk”) in Butner, North Carolina. Melton concocted a plan under which he arranged for various low ranking gang members located in the vicinity of Atlanta, Georgia, to kidnap a person related to the North Carolina state prosecutor and then use such hostage to extort dismissal of his life imprisonment sentence.
During the early morning hours of Saturday, April 5, 2014, Melton held a conference call with various gang members located at GOODALL’s home in Covington, Georgia, during which he generally discussed the mission. The kidnapping team (which included a member that had been recruited by GOODALL) assembled at GOODALL’s house and GOODALL provided the team with funds to use during the course of the kidnapping mission. After traveling from Covington, Georgia, to Wake Forest, North Carolina, the kidnapping team arrived at the home of Frank Janssen (the state prosecutor’s father) just prior to noon on April 5, 2014. The kidnapping team used the ruse of delivering lost mail, to get Frank Janssen to open his front door. Mr. Janssen was then pistol whipped, tazed, and taken from his home against his will.
During the course of the trip back to Georgia, GOODALL and others were called upon to determine the location at which Mr. Janssen would be held. The kidnapping team was then instructed to bring Mr. Janssen to an apartment located in Southeast Atlanta. Mr. Janssen was bound to a chair and held in a small closet from the early evening of April 5, 2014, through late on the night of April 9, 2014. Just hours before Mr. Janssen was rescued, Melton called and instructed the kidnapping team (including the team member recruited by GOODALL) to find a location to bury Mr. Janssen and then return to the apartment and kill Mr. Janssen. Through a coordinated effort involving many federal, state, and local law enforcement agencies, the FBI’s Hostage Rescue Team rescued Mr. Janssen at 11:55 pm on April 9, 2014.
United States Attorney John Stuart Bruce stated, “As I stated when Kelvin Melton was convicted, this crime was monstrously cruel to the victim and his family, including a dedicated public servant who was being targeted for her public service. It was also an attack on our criminal justice system. We must do more to stop convicted prisoners from reaching out from their prison cells to harm witnesses and law enforcement officials, and to continue their criminal enterprises. The convictions in this case are a start.”
“Today is the final chapter in the prosecution of a heinous crime conducted by members of a violent gang. We hope this conviction sends a message that all gang members involved in these crimes will be held accountable. We would like to thank our federal and local law enforcement partners for their incredible cooperation which lead to an innocent man’s rescue and the convictions of those responsible,” said John Strong, the Special Agent in Charge of the FBI in North Carolina.
At sentencing, GOODALL faces a maximum penalty of life imprisonment and a $250,000 fine.
The case was investigated by the FBI Charlotte, FBI Atlanta, the Wake Forest Police Department, the North Carolina State Bureau of Investigation with assistance by the Durham County Sheriff’s Office, Raleigh Police Department, Durham Police Department, North Carolina Alcohol Law Enforcement, Garner Police Department, North Carolina Highway Patrol, RDU Police, City County Bureau of Investigation, the Cobb County Police Department, Alpharetta Police Department, Atlanta Police Department, and the Georgia Bureau of Investigation. The United States Attorney’s Office for the Eastern District of North Carolina is handling the prosecution of these cases.
Georgia Man Charged with Cyber Crime That Cost Sedgwick County $566,000Read the Press Release
WICHITA, KAN. B A Georgia man has been arrested on federal charges he carried out an e-mail spoofing scheme that cost Sedgwick County $566,000, U.S. Attorney Tom Beall said.
George S. James, 48, Brookhaven, Ga., is charged with one count of wire fraud. An FBI agent’s affidavit alleges that investigators followed an electronic trail that led them to James after Sedgwick reported the theft of funds that were intended to pay Cornejo & Sons, LLC, for work done on a road project.
The criminal complaint alleges that on Sept 23, 2016, Sedgwick County received an e-mail purporting to be from the CEO of the Cornejo company and with a form attached requesting payments be made electronically to a new account at a Wells Fargo Bank in Georgia. Payment was made on Oct. 7, 2016, after which time the county learned that Cornejo did not receive the payment and did not send the e-mail to the county. James fraudulently received the payment through an account he held at a Georgia bank in the name of Rapid Repairs and Consultants.
The criminal complaint alleges the scheme involved providing false information over the Internet to the county’s Automated Clearing House. The fraudulent email caused the county to change the information it kept on file for the Cornejo company’s financial institution and bank account. The email request was sent from [email protected] to [email protected].
If convicted, he faces a penalty of up to 20 years in federal prison and a fine up to $25,000. The FBI, the Sedgwick County Sheriff’s Office and the Wichita Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Georgia Couple Admits to Scheme to Defraud StaplesRead the Press Release
BOSTON –A Georgia couple appeared in U.S. District Court in Boston today to admit their involvement in a scheme to defraud Framingham-based Staples, Inc. of more than $1.4 million.
John Douglas, 46, of Alpharetta, Georgia, pleaded guilty to conspiracy to commit wire fraud and mail fraud. U.S. District Court Judge Indira Talwani scheduled his sentencing for April 26, 2017. John Douglas’s wife, Analyn Douglass [sic], 41, entered a deferred prosecution agreement, having admitted her involvement in the conspiracy to ship stolen Staples goods in interstate commerce. If Douglass abides by the terms of her agreement with the government, the charge against her will be dismissed after one year.
The Douglases and others engaged in a complex scheme to defraud Staples of more than $1.4 million worth of customer loyalty rewards and product rebates. John Douglas and one of his associates created more than 1,100 Staples rewards accounts, often using fictitious names, addresses, and contact information. He then created a computer script to query a Staples website and seek unclaimed customer loyalty rewards for purchases that he did not make. The computer script made thousands of queries a day, amassing more than $889,000 worth of rewards in small increments, often less than a dollar at a time. The Douglases and others then used the rewards like cash to buy merchandise at Staples retail locations throughout the southern United States and along the eastern seaboard, as far north as Massachusetts. Analyn Douglass sold much of the fraudulently obtained Staples merchandise on eBay.
In addition, the Douglases used a similar method to claim more than $527,000 in cash rebates from Staples for products that they did not purchase.
Staples, who has cooperated with the government, discovered the fraud and referred the matter for investigation.
The charges of conspiracy to commit wire fraud and mail fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charge of conspiracy to ship stolen goods provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney David J. D'Addio of Weinreb’s Cybercrime Unit is prosecuting the case.