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9 March 2017
Ex Carnival Worker Sentenced to 120 Months ImprisonmentRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that Brendan Theodore Coetzee, 29, of Johannesburg, South Africa was sentenced before District Court Judge Rudy Lozano for using interstate communications to illicit sexual conduct from a minor.
Coetzee was sentenced to 120 months imprisonment followed by 5 years supervised release.
According to documents filed in the case, Coetzee, a former carnival worker, met a female under the age of 14 at a carnival in Wisconsin over Memorial Day weekend 2015. Coetzee and the minor maintained some contact thereafter via social media. On June 22, 2015, Coetzee, who was then in Northwest Indiana, arranged for the minor to meet him at a motel in Lansing, Illinois, where he had sexual intercourse with the minor.
This case was investigated by the Federal Bureau of Investigation with the assistance of the Lansing, Illinois and Munster, Indiana Police Departments. The case is being prosecuted by Assistant United States Attorney Toi D. Houston.
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Elyria man sentenced to seven years in prison for child pornographyRead the Press Release
David H. Six, 57, of Elyria, was sentenced to seven years in prison for possessing child pornography, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Images of child pornography were found on a PNY thumb drive in Six’s possession on August 27, 2015, according to court documents.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Ohio Internet Crimes Against Children Task Force, Cleveland Office.
Eight Members and Associates of Bronx Street Gang Charged in Manhattan Federal Court with Racketeering, Narcotics, and Firearms OffensesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Angel M. Melendez, Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), James J. Hunt, Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), today announced the unsealing of an Indictment charging eight members of a Bronx-based street gang, the Beach Avenue Crew, with various racketeering, firearms, and narcotics offenses, including the attempted murders of a rival gang member and rival drug trafficker.
Five of the eight defendants, JEAN BAPTISTE LESSAGE, DAVID BUCKHANON, JAMMAL LINDO, JALEEL BARON, and KYLE MULLINGS, were taken into federal custody yesterday or this morning and will be presented and arraigned before United States Magistrate Judge Ronald L. Ellis today. ALI HAMILTON, is currently incarcerated in federal custody on related charges, and was arraigned today before Judge Ellis. NORMAN EDWARDS was taken into federal custody this morning in Allentown, Pennsylvania, and will be presented later today before a magistrate judge in the Eastern District of Pennsylvania. MAURICE SIMMONS remains at large. The case has been assigned to U.S. District Judge Laura Taylor Swain.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, through the sale of crack cocaine and their violent conflict with rival crews, the Beach Avenue Crew wreaked havoc on the streets of the Bronx. We and our law enforcement partners are determined to combat alleged gang and drug violence in the Bronx through charges like those brought today.”
HSI Special Agent-in-Charge Angel M. Melendez said: “The Beach Avenue Crew has allegedly tormented our city streets for nearly a decade. These arrests mean there are fewer alleged gang bangers wreaking havoc, dealing drugs and committing crimes in our communities. HSI is committed to working closely with its law enforcement partners to keep violent street gangs at bay and our neighborhoods safe.”
DEA Special Agent in Charge James J. Hunt said: “Shootings, turf wars and murders are means to an end for drug crews controlling their distribution strongholds. Allegedly, the Beach Avenue Crew were the bullies of the neighborhood selling crack and imposing domineering threats on rival drug gangs and innocent neighbors in the Bronx. These arrests have taken more violent criminals off the streets in order to make our communities safe from drug and gun violence.”
Police Commissioner James P. O’Neill said: “The defendants attempted to control their drug turf through gun violence allegedly carried out across the Bronx, endangering the lives of everyone around them, as alleged in the indictment. We will be relentless in pursuing those who carry out violence. I commend the detectives, agents and prosecutors whose work resulted in these arrests and the unsealing of this indictment.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
The Beach Avenue Crew was a criminal enterprise that operated principally in and around the Bronx, New York, from at least 2009 up to and including February 2017. One of the Beach Avenue Crew’s principal objectives was to sell cocaine base, commonly known as “crack cocaine,” primarily in and around Beach Avenue in the Bronx. The Beach Avenue Crew controlled crack cocaine sales within this area by prohibiting and preventing non-members, outsiders, and rival narcotics dealers from distributing crack cocaine in the area controlled by the Enterprise.
Members and associates of the Beach Avenue Crew engaged in acts of violence against rival gang members from nearby crews, and rival drug dealers who encroached on the Beach Avenue Crew’s territory. These acts of violence included assaults and attempted murder, and were committed to protect the Beach Avenue Crew’s drug territory, to retaliate against members of rival gangs who had encroached on the territory controlled by the Beach Avenue Crew, and to otherwise promote the standing and reputation of the Beach Avenue Crew amongst rival gangs.
The violence perpetrated by the Beach Avenue Crew included at least two attempted murders. On or about August 2, 2016, JAMMAL LINDO, JEAN BAPTISTE LESSAGE, and JALEEL BARON shot at a rival drug trafficker and another individual (“Victim-1”), resulting in bodily injury to Victim-1. On or about May 5, 2015, ALI HAMILTON shot at a member of a rival crew on Leland Avenue in the Bronx, causing bodily injury to another individual standing nearby.
Count One of the Indictment charges ALI HAMILTON, JEAN BAPTISTE LESSAGE, DAVID BUCKHANON, JAMMAL LINDO, MAURICE SIMMONS, NORMAN EDWARDS, JALEEL BARON, and KYLE MULLINGS with participating in a racketeering conspiracy.
Counts Two charges HAMILTON with assault and attempted murder in aid of racketeering activity in connection with the May 2015 shooting at a member of a rival crew.
Count Three charges LINDO, LESSAGE, and BARON with assault and attempted murder in aid of racketeering activity in connection with the August 2016 shooting at a rival drug trafficker.
Count Four charges HAMILTON, LESSAGE, BUCKHANON, LINDO, SIMMONS, EDWARDS, BARON, and MULLINGS with participating in a narcotics conspiracy, in connection with their distribution of crack cocaine in and around Beach Avenue.
Count Five charges HAMILTON, LESSAGE, BUCKHANON, LINDO, SIMMONS, EDWARDS, BARON, and MULLINGS with a firearms offense in connection with the racketeering conspiracy charged in Count One and the narcotics conspiracy charged in Count Four.
Count Six charges HAMILTON with being a convicted felon in possession of a firearm.
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Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara praised the outstanding investigative work of HSI, the DEA, and the NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica Lonergan, Scott Hartman, and Jason Swergold are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Racketeering conspiracy
18 U.S.C. § 1962(d)
ALI HAMILTON
JEAN BAPTISTE LESSAGE
DAVID BUCKHANON
JAMMAL LINDO
MAURICE SIMMONS
NORMAN EDWARDS
JALEEL BARON
KYLE MULLINGS
20 years in prison
2
Assault and attempted murder in aid of racketeering activity
18 U.S.C. §§ 1959(a)(3) and 1959 (a)(5)
ALI HAMILTON
20 years in prison
3
Assault and attempted murder in aid of racketeering activity
18 U.S.C. §§ 1959(a)(3) and 1959 (a)(5)
JAMMAL LINDO
JEAN BPATISTE LESSAGE
JALEEL BARON
20 years in prison
4
Narcotics conspiracy
21 U.S.C. § 846
ALI HAMILTON
JEAN BAPTISTE LESSAGE
DAVID BUCKHANON
JAMMAL LINDO
MAURICE SIMMONS
NORMAN EDWARDS
JALEEL BARON
KYLE MULLINGS
Life in prison
Mandatory minimum of 10 years in prison
5
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence or drug trafficking crime
924(c)(1)(A)(iii)
ALI HAMILTON
JEAN BAPTISTE LESSAGE
DAVID BUCKHANON
JAMMAL LINDO
MAURICE SIMMONS
NORMAN EDWARDS
JALEEL BARON
KYLE MULLINGS
Life in prison
Mandatory minimum of 10 years in prison
6
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
ALI HAMILTON
10 years in prison
DEFENDANT
AGE
RESIDENCE
ALI HAMILTON
a/k/a “Smiley”
24
Bronx, NY
JEAN BAPTISTE LESSAGE
a/k/a “Usher”
35
Bronx, NY
DAVID BUCKHANON
a/k/a “Mase”
30
Bronx, NY
JAMMAL LINDO
a/k/a “Poppy,” a/k/a “Ghost”
23
Bronx, NY
MAURICE SIMMONS
a/k/a “Momoneybagz”
24
Bronx, NY
NORMAN EDWARDS
a/k/a “Hollywood”
25
Lehigh County, PA
JALEEL BARON
a/k/a “Jah,” a/k/a “Youngin”
24
Westchester County, NY
KYLE MULLINGS
a/k/a “Kase”
22
Bronx, NY
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Edgemont Man Sentenced for Transfer of Obscene MatterRead the Press Release
United States Attorney Randolph J. Seiler announced that an Edgemont, South Dakota, man convicted of Transfer of Obscene Matter to a Minor was sentenced on March 6, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darren Scott Heller, age 49, was sentenced to 60 months of imprisonment, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Heller was charged on March 22, 2016. The conviction stems from Heller sending obscene material to a minor female from his smartphone in May 2015.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Heller was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Forgery and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, woman convicted of Forgery and Failure to Appear was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.
Daryl Eagle Horse, a/k/a Daryl Hawk Eagle, age 29, was sentenced to 2 years of probation on the Forgery charge, and 6 months in custody on the Failure to Appear charge. She was also ordered to pay restitution in the amount of $500.00, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.
Eagle Horse was indicted by a federal grand jury on October 12, 2016 on the Forgery charge and on November 8, 2016 on the Failure to Appear charge. She pled guilty on December 12, 2016, to both charges.
Forgery conviction stems from an incident on May 29, 2016, when Eagle Horse, along with two other co-defendants forged 17 checks on the account of the Cheyenne River Management Corporation. Eagle Horse cashed two of those 17 fraudulent checks.
Eagle Horse made her initial appearance for the forgeries on October 14, 2016, before U.S. Magistrate Judge Mark Moreno. She was released on a Personal Recognizance Bond that same day. Eagle Horse’s arraignment was scheduled for Tuesday, November 1, 2016, at 1:15 p.m. She failed to appear for said hearing. The hearing was re-scheduled for 1:00 p.m. on Wednesday, November 2, 2016. Eagle Horse failed to appear for that hearing as well.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Horse was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Robbery, Interference with Commerce by Threats or Violence, and Carrying a Firearm During a Crime of ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Robbery, Interference with Commerce by Threats or Violence, and Carrying or Possessing a Firearm During and in Relation to a Crime of Violence.
Kobe Houston, age 19, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 2, 2016, Houston aided and abetted others in taking U.S. currency and cigarettes from a clerk at the Eagle Stop Gas Station in Eagle Butte, through the use of force by brandishing a firearm, thus unlawfully obstructing, delaying, and affecting commerce.
The charges are merely accusations and Houston is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Houston was released on bond pending trial which has been set for April 18, 2017.
Eagle Butte Man Charged with Assault with a Dangerous Weapon and Discharging a Firearm During a CrimeRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Discharging a Firearm During and in Relation to a Crime of Violence.
Kirk Johnson, age 47, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 9, 2017, Johnson unlawfully assaulted an adult male with a firearm. The indictment also alleges that Johnson knowingly carried and used said firearm during a crime of violence.
The charges are merely accusations and Johnson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dunmore Woman Guilty of Providing Firearms to FelonRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Angela Lucke, of Dunmore, Pennsylvania, pleaded guilty on March 8, 2017, before United States District Court Judge Robert D. Mariani to unlawfully providing firearms to a convicted felon.
According to United States Attorney Bruce D. Brandler, Lucke admitted to giving three guns to convicted heroin dealer, Ariel Varsanyi of New York. Lucke purchased the guns for Varsanyi because he was barred as a felon from buying guns himself.
Lucke previously pleaded guilty in Lackawanna County Court in July 2016, to a charge of falsely reporting the firearms as stolen from her residence, and was sentenced in October 2016, to two years’ probation.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dunmore Borough Police Department. Assistant United States Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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 is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Deadwood Man Charged with Drug OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Deadwood, South Dakota, man was charged in federal district court with Conspiracy to Distribute a Controlled Substance and Distribution of a Controlled Substance.
Michael Mamola, age 36, was charged on January 24, 2017. Mamola appeared before U.S. Magistrate Judge Daneta Wollmann on February 27, 2017, and pleaded not guilty to the charges.
The penalty upon conviction is a minimum of 5 years and up to 40 years of imprisonment and/or a $5,000,000 fine, up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Mamola conspiring with another person to distribute and distributing methamphetamine near Deadwood. The charges are merely an accusation and Mamola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Mamola was detained pending trial. A trial date has not been set.
Darlington Man Pleads Guilty to Drug Conspiracy and Firearm Charge in Federal CourtRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that Justin Martin Jackson, age 29, of Darlington, South Carolina, pled guilty yesterday in federal court in Florence to drug conspiracy and firearms charges. Specifically, Jackson pled guilty to three counts: conspiracy to violate the drug laws of the United States, a violation of Title 18, United States Code, Section 371; using a communication device to facilitate the commission of a felony under the Controlled Substances Act, in violation of Title 21, United States Code, Section 843(b); and, possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(ii)(A). United States District Judge Bruce H. Hendricks of Charleston, accepted the plea and will impose sentence after she has reviewed a presentence investigation report which will be prepared by the United States Probation Office.
Evidence presented at the change of plea established that, in 2005, the Darlington County Sheriff’s Office (DCSO) and the Federal Bureau of Investigation (FBI), in cooperation with the Pee Dee Violent Crimes Task Force, began an investigation into cocaine and cocaine-base distribution activities in the Hartsville area. As part of that investigation, in February 2015, Jackson was found in possession of a quantity of ethylone (a drug also known as MDMA or “Molly”) during a traffic stop. In December 2015, Jackson was arrested at a home in Darlington on a federal arrest warrant. At that home, law enforcement found three firearms, over a kilogram of powder cocaine, and 54 grams of cocaine-base in the home. Officers also recovered two cellular telephones, which Jackson had used in December 2015 to transact illegal drug activity.
Ms. Drake stated that the defendant faces a mandatory minimum sentence of five years and a maximum of life in prison.
The case was investigated by agents of the Darlington County Sheriff’s Office, the Federal Bureau of Investigation, and the Pee Dee Violent Crimes Task Force. Assistant United States Attorney Chris Taylor of the Florence office handled the case.
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Dallas County Twins Sentenced in Foreign Currency Trading SchemeRead the Press Release
PLANO, Texas – Dallas County twin brothers were sentenced to prison for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Roger Harvey Wagner, of Grand Prairie, Texas and Rodney Lee Wagner, of Cedar Hill, Texas, each pleaded guilty on July 7, 2016, to conspiracy to commit wire fraud and were sentenced to 48 months in federal prison on Mar. 8, 2017, by U.S. District Judge Amos Mazzant. The 52-year-old twins were also ordered to pay restitution in the amount of $1,895,318.62.
According to information presented in court, the Wagner brothers perpetrated what amounted to a Ponzi scheme that caused investors to lose over $2.1 million. From February through November 2010, the brothers solicited money from investors to be invested in foreign currency trading. The brothers promised investors they would be repaid their principal plus a fixed rate of return that would be paid out to them over a series of weeks. Very little of the invested money was used for foreign currency trading, and prosecutors contended the money received from the latest investors was used to repay earlier investors to keep them lulled.
"These scams, unfortunately, are in our midst,” said Acting U.S. Attorney Featherston. “I encourage all potential investors to fully investigate any investment opportunity before handing over hard earned money. If a deal sounds too good to be true, as the saying goes...it usually is! These two individuals may not wear a mask over their face and may not carry a gun, but they are as much a thief as those that do, and they deserve the just punishment handed down by the court."
This case was investigated by the Texas State Securities Board and the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorneys Andy Williams and Tom Gibson.
Corporation and Three Individuals Charged with Environmental, Conspiracy, and Obstruction CrimesRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on March 7, 2017, a federal grand jury returned an indictment against Grede, LLC, and Grede II, LLC (also known as Grede Wisconsin Subsidiaries, LLC), the corporate owners and operators of the former Grede Foundry in Berlin, Wisconsin. Also charged were Peter J. Mark (age: 53) of Ixonia, Wisconsin, the corporate safety and environmental director; and Steven G. O’Connell (age: 51) and Christy L. McNamee (age: 40), both of Zanesville, Ohio, who were formerly employed at the now shuttered facility.
The seven-count indictment alleges charges of conspiracy, obstruction of a federal investigation, the making of false statements, violations of the federal Clean Air Act and negligent endangerment.
According to the indictment, in January of 2012, workers at the foundry were ordered to assist in the refurbishment of a heat-treat oven which contained dangerous amounts of chrysotile asbestos. Proper asbestos abatement procedures were not implemented by the corporation or its managers. Workers were provided with inadequate safety equipment and were not told that the material they were removing contained asbestos. This contaminated material was then hauled away to a landfill by unsuspecting trash collectors.
The indictment further alleges that Mark, O’Connell, McNamee, and the corporate defendants conspired to obstruct state and federal investigators during subsequent inquiries into the presence of asbestos during the refurbishment of the oven.
If convicted of these offenses, Mark, O’Connell, and McNamee face maximum penalties ranging from 11 to 41 years imprisonment and hundreds of thousands of dollars in fines. The corporate defendants face millions of dollars in criminal penalties.
This case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, the U.S. Department of Labor’s Office of Inspector General, and the Wisconsin Department of Natural Resources, Warden’s Service.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Convicted Felon Pleads Guilty to Attempting to Re-Enter the United StatesRead 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 Sandor Lorant Felhazi, 32, of Hungary, pleaded guilty to attempting to re-enter the United States following a felony conviction, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on February 7, 2017, Felhazi attempted to enter the United States at the Rainbow Bridge port of Entry. The defendant was previously convicted in Georgia and Texas of felony theft, manufacturing false identification documents and tampering with governmental records. As a result, Felhazi needed permission to reapply for admission into the United States.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for June 21, 2017 at 1:00 p.m. before Judge Arcara.
Colombian Man Sentenced to 15 Years for Smuggling Cocaine Onboard Go Fast VesselsRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody, Jr. has sentenced Francisco Heleno Jaramillo (40, Colombia, South America) to 15 years in federal prison for conspiring with others to distribute five kilograms or more of cocaine on vessels subject to the jurisdiction of the United States. He pleaded guilty on December 19, 2016.
According to court documents, Heleno Jaramillo was responsible for several marine smuggling ventures in international waters involving more than 1,000 kilograms of cocaine. In July 2013 and January 2014, the United States Coast Guard interdicted over 1,000 kilogram loads of cocaine that were being smuggled aboard vessels (commonly referred to as “go-fast boats”) traveling from Venezuela to the Dominican Republic.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the U.S. Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Special Assistant United States Attorney Rebecca L. Castaneda.
Cheektowaga Man Charged with Bank RobberyRead 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 Thomas Cascio, 51, of Cheektowaga, NY, was arrested and charged by criminal complaint with bank robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the complaint, on March 6, 2017 at approximately 1:09 p.m., an individual entered the Key Bank at 5200 Main Street in Amherst, NY. The individual, wearing a hard hat, safety vest, and eye protection goggles, approached a teller and passed a bank robbery note. The teller only recalls reading the word “Robbery” at the top of the note before the individual took the note back and told her to “Hurry up!” and “Don’t give me funny money!” The teller gave money to the individual who then departed the bank. Witnesses described the individual as having a distinctive beak like nose and gray hair.The Amherst Police Department issued a high quality bank robbery surveillance photo to local media stations which aired the photo on the evening of March 6, 2017 asking for public assistance. On March 7, 2017, a total of eight people contacted either the Amherst Police Department or FBI identifying the robber as Thomas Cascio. In addition, there were numerous anonymous calls to the Amherst Police Department that identified Cascio as the bank robber.
In 2000, the defendant was convicted in federal court of four bank robberies and sentenced to 48 months in prison. In some of those robberies, Cascio’s movements were similar to his alleged movements on May 6, 2017, including taking the note back from the teller before leaving the bank.
In 2009, Cascio was convicted in state court of three bank robberies and served two years in prison.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack.
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.
Cedar Rapids Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
A man who received child pornography pled guilty on March 8, 2017 in federal court in Cedar Rapids.
Donald Etheredge, age 51, from Cedar Rapids, Iowa, was convicted of one count of receipt of child pornography. At the plea hearing, Etheredge admitted that, between 2013 and 2015, he knowingly received child pornography. He also admitted that he was convicted of shipment and transportation of child pornography in the Northern District of Iowa in 2004.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Etheredge remains in custody of the United States Marshal pending sentencing. Etheredge faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-2.
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Cambria County Man Admits Stealing More than $200K in Social Security BenefitsRead the Press Release
JOHNSTOWN, Pa. - A Cambria County resident pleaded guilty in federal court to a charge of conversion of government funds, Acting United States Attorney Soo C. Song announced today.
Bernard M. Dospoy, 66, of Northern Cambria, Pa., pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that from in or around June 2005, to in or around October 2015, Dospoy did receive and convert falsely to his own use, a total of $207,592, which represents 176 separate Social Security Administration benefit payments made to him to which he was not entitled. He also agreed to pay restitution of $207,592 pursuant to a related Civil Settlement Agreement entered into by him and the United States.
Judge Gibson scheduled sentencing for August 3, 2017, at 1:00 p.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney John J. Valkovci, Jr. is prosecuting this case on behalf of the government and Assistant U.S. Attorney Colin J. Callahan is litigating the case on behalf of the Affirmative Civil Enforcement Section of the United States Attorney’s Office.
The Social Security Administration, Office of Inspector General, conducted the investigation that led to the prosecution of Dospoy.
California Man Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Lionel Gerardo Rojas, 72, of Lake Forest, Calif., pled guilty today in federal court in Albuquerque, N.M., to a narcotics trafficking charge arising out of a 4.6-pound heroin seizure on Aug. 31, 2016.
Rojas was arrested on Aug. 31, 2016 and charged by a criminal complaint with a heroin trafficking offense after the DEA seized approximately 2.1 kilograms (4.62 pounds) of heroin during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was concealed in three bundles inside Rojas’ backpack. Rojas subsequently was indicted on Sept. 27, 2016, and charged with possessing heroin with intent to distribute in Bernalillo County, N.M.
During today’s proceedings, Rojas pled guilty to a felony information charging him with possession of heroin with intent to distribute. In entering the guilty plea, Rojas admitted that on Aug. 31, 2016, he transported three bundles of heroin in a backpack from Phoenix, Ariz., to New Mexico on a Greyhound bus. Rojas further admitted that he had intended to deliver the heroin to Columbus, Ohio, for further distribution.
Rojas remains in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Rojas faces a maximum penalty of 20 years in federal prison.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo 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.
Binghamton Man Sentenced for Preparing False Tax Returns and Obstruction of JusticeRead the Press Release
SYRACUSE, NEW YORK – Donald Grant, 40, of Binghamton, New York, was sentenced today to serve fifteen (15) months in prison for preparing a false tax return and attempting to interfere with the administration of Internal Revenue Laws.
The announcement was made by United States Attorney Richard S. Hartunian and Shantelle P. Kitchen, Special Agent in Charge of IRS-Criminal Investigation’s New York Field Office.
U.S. District Judge David N. Hurd also sentenced Grant to a one (1) year term of supervised release, to begin after his release from prison, and also ordered him to pay $107,045 in restitution to the Internal Revenue Service.
On November 4, 2016, Grant pled guilty to one count of preparing a false tax return and one count of attempting to interfere with the administration of Internal Revenue Laws. As part of his plea, Grant admitted that over the course of four years, he prepared twenty-seven (27) tax returns that contained false information, causing taxpayers to receive more than $100,000 in refunds they were not entitled to. Grant also admitted that he interfered with the IRS-Criminal Investigation’s inquiry into the returns he prepared and filed by providing a client with a counterfeit profit and loss statement, encouraging clients to provide false information to investigators, and providing false information, himself, when interviewed by an IRS-Criminal Investigation Special Agent.
This case was investigated by the New York Field Office (Syracuse) of the IRS-Criminal Investigation, and was prosecuted by Assistant U.S. Attorney Robert Levine.
Baton Rouge Man Pleads Guilty to Conspiracy to Distribute HeroinRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALVEREZ SORAPURU, age 40, of Baton Rouge, pled guilty today to a two count Superseding Bill of Information charging him with conspiracy to distribute and possession with the intent to distribute heroin.
According to court documents, from prior to January 2014, and continuing until on or about December 12, 2014, SORAPURU knowingly and intentionally conspired and agreed with others to distribute and possess with the intent to distribute a quantity of heroin. He also knowingly and intentionally used a communication facility, to wit, a telephone, in committing that crime.
SORAPURU faces a possible penalty of up to 20 years in prison and a fine of up to $1 million for the Count 1 conspiracy charge. He faces up to 4 years in prison and a fine of up to $250,000 for the Count 2 phone charge. SORAPURU also faces a special assessment of $200. U.S. District Judge Lance M. Africk set sentencing for June 1, 2017.
U.S. Attorney Polite praised the work of the United States Drug Enforcement Administration for investigating this matter. Assistant United States Attorney Theodore R. Carter, III is in charge of the prosecution.
Albuquerque Resident Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Noe Urias, 36, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Urias and his codefendants Angelica Marie Santiesteban, 40, and Patrick Zamora, 22, 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.
Urias and Santiesteban were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses. The indictment was superseded on July 28, 2016, to include Zamora and an additional methamphetamine trafficking charge. The superseding indictment charged all three codefendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016. According to the superseding indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Urias pled guilty to Count 3 of the superseding indictment charging him with distribution of methamphetamine and admitted that on May 18, 2016, he sold methamphetamine in exchange for money. At sentencing, Urias faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 30 of the 104 defendants have entered guilty pleas including Santiesteban and three have been sentenced. The remaining defendants, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the ATF and is being prosecuted by Assistant U.S. Attorney Edward Han.
Albuquerque Man Pleads Guilty to Being a Felon in Possession of Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Joe Ray Alires, 42, of Albuquerque, N.M., pled guilty today in federal court to unlawfully possessing firearms and ammunition, announced U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Alires was charged by an indictment filed on Nov. 19, 2014, with being a felon in possession of firearms and ammunition on June 26, 2014, in Bernalillo County, N.M. Alires was prohibited from possessing firearms or ammunition because of his status as a convicted felon. According to the indictment, on June 26, 2014, Alires had at least ten felony convictions, convictions for residential and commercial burglary, possession of a controlled substance, being a felon in possession of a firearm, and possession of a deadly weapon or explosive by a prisoner.
During today’s proceedings, Alires pled guilty to the indictment under a plea agreement with the U.S. Attorney’s Office and admitted to possessing a loaded pistol on June 26, 2014, despite his status as a convicted felon.
At sentencing, Alires faces up to ten years of imprisonment. However, if the court determines that Alires is an armed career criminal, Alires faces an enhanced sentenced of a mandatory minimum penalty of 15 years and a maximum of life in prison. Alires remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the ATF office in Albuquerque and is being prosecuted by Assistant U.S. Attorney David M. Walsh as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat and violent offenders, primarily based on their prior convictions, from counties with the highest violent crime rates including Bernalillo County under this initiative.
12 Savannah-Area Residents Charged with Federal Gun CrimesRead the Press Release
SAVANNAH, GA: Earlier this week, as part of numerous ongoing investigations being conducted by the ATF and FBI in partnership with local law enforcement, a federal grand jury sitting in Savannah charged the following 12 Savannah-area defendants with a variety of firearms offenses and violent crimes:
Marvin Aikens, 36, of Savannah, charged with possession of a firearm by a convicted felon
Charles Barratta, 38, of Bloomingdale, charged with possession of a firearm by a convicted felon and possession of a stolen firearm
Ivory Carter, 31, of Savannah, charged with possession of a firearm by a convicted felon
Ommie Christian, 22, of Glennville, charged with possession of a firearm by a convicted felon
Ricky Green, 26, of Savannah, charged with possession of a firearm by a convicted felon
Javar Kemp, 22, of Savannah, charged with possession of a firearm by a convicted felon and possession of a firearm in furtherance of drug trafficking
Thom Luu, 30, of Savannah, charged with possession of a firearm by an unlawful user of a controlled substance
Gregory Plair, 32, of Savannah, charged with conspiring and attempting to commit robbery affecting interstate commerce, possession of a firearm by a convicted felon, and brandishing a firearm during a crime of violence
Nathaniel Pugh, 35, of Savannah, charged with possession of a firearm by a convicted felon and possession of a firearm in furtherance of drug trafficking
Joshua Scott, 21, of Savannah, charged with conspiring and attempting to commit robbery affecting interstate commerce and brandishing a firearm during a crime of violence
Bryan Thompson, 26, of Savannah, charged with possession of a firearm by a convicted felon
Kyjuan Williams, 21, of Savannah, charged with possession of a firearm by a convicted felon
The indictments returned this week are the first to be filed in the Southern District of Georgia since President Trump’s February 9, 2017 Executive Order forming a Task Force on Crime Reduction and Public Safety. On March 8, 2017, Attorney General Jeff Sessions instructed the 94 United States Attorney’s Offices across the country to aggressively combat violent crime by identifying offenders responsible for significant violent crime, assessing whether an immediate and suitable penalty will result from a state prosecution, and, if the decision is made to pursue a federal indictment, utilizing the substantial tools available under federal law to ensure an appropriate sanction.
Among the 12 defendants indicted earlier this week are three Savannah residents identified by local law enforcement as being affiliated with the Gangster Disciples gang. Each of those suspected gang members will be prosecuted in federal court while their state cases are pending.
Defendants Plair and Scott face a maximum of 20 years in prison for attempting and conspiring to rob a Brinks armored car. Any federal defendant charged with unlawful possession of a firearm, possession of a stolen firearm, or possession of a short-barreled shotgun faces a sentence of 10 years in prison and a $250,000 fine. However, any of those defendants who has been convicted of at least three violent felonies or serious drug offenses faces a mandatory minimum sentence of at least 15 years’ imprisonment. Additionally, Defendants Kemp, Plair, Pugh, and Scott each face a consecutive sentence of at least five years in prison for possessing a firearm in furtherance of drug trafficking or brandishing a firearm during a crime of violence. Parole has been abolished in the federal system.
U.S. Attorney Edward Tarver emphasized that the indictments are only accusations and are not evidence of guilt. Each defendant is entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
Assistant United States Attorneys Carlton R. Bourne, Jr., Theodore S. Hertzberg, Anica C. Jones, Matthew A. Josephson, Jennifer J. Kirkland, Scarlett S. Nokes, and Jennifer G. Solari are prosecuting the cases on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
10 South Texas Hermandad De Pistoleros Latinos Gang Members and Associates Indicted on Variety of Drug Trafficking and Firearms ChargesRead the Press Release
Federal, state and local authorities have arrested ten members and associates of the Hermandad de Pistoleros Latinos gang (HPL) in a coordinated round-up in South Texas announced United States Attorney Richard L. Durbin, Jr., Western District of Texas; United States Attorney Kenneth Magidson, Southern District of Texas; Bexar County District Attorney Nicholas ‘Nico’ LaHood; Texas Department of Public Safety Director Steve McCraw; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; and, Federal Bureau of Investigation Special Agent in Charge Perrye K. Turner, Houston Division.
This three-year investigation focused on drug trafficking and members of the HPL and their associates in San Antonio, Corpus Christi and Houston. Those individuals arrested today in San Antonio (WDTX) include: 38-year-old HPL Lieutenant Ricardo Aguilar (aka “Indio”), 31-year-old Stephanie Pacheco, and 42-year-old Jesse Mendoza (aka “Chivo”). Those arrested today in the Southern District of Texas include: 40-year-old HPL Lieutenant Pacino San Miguel (aka Abuelo”) of Houston; 27-year-old HPL Lieutenant Jacob Gonzales (aka “Orbit) of Corpus Christi; 30-year-old Mario Alberto Ramirez of Corpus Christi; 26-year-old Leroy Rocha (aka “Tank”) of Corpus Christi; 55-year-old HPL Lieutenant Oscar Pena (aka “OP”) of Corpus Christi; and, 52-year-old Dorothy Babette Cuello (aka “Tiny”) of Corpus Christi. All of the above-named defendants remain in federal custody awaiting detention hearings in federal court next week.
A federal grand jury in San Antonio last month indicted Aguilar, Pacheco and Mendoza on one count conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. The federal grand jury in San Antonio also indicted 36-year-old Robert Hewitty (aka “Looney”) on one count each of felon in possession of a firearm, possession with intent to distribute methamphetamine, and possession of a firearm during a drug trafficking crime. Hewitty was already in custody prior to today’s arrests. A Bexar County (state) grand jury this week also indicted Mendoza charging him with two counts of possession with intent to deliver 4-200g of methamphetamine.
Aguilar, Pacheco, and Hewitty all face between ten years and life in federal prison upon conviction. Mendoza faces between five years and forty years in federal prison, and up to life in state prison, upon conviction.
Yesterday, a federal grand jury in Corpus Christi (SDTX) indicted: Miguel, Gonzales and Ramirez on three counts, and Rocha on one count, of conspiracy to distribute methamphetamine. The federal grand jury also indicted Pena and Cuello on two counts of conspiracy to distribute heroin.
Gonzalez, Ramirez, Rocha, San Miguel, Pena and Cuello face up to 20 years in federal prison upon conviction.
This investigation was conducted by the Texas Department of Public Safety Criminal Investigations Division and the Federal Bureau of Investigation together with the San Antonio Police Department, Corpus Christi Police Department, Houston Police Department, Pasadena Police Department, Texas Department Criminal Justice Division-Office of the Inspector General, Harris County Sheriff’s Office and the Bexar County District Attorney’s Office.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
8 March 2017
Winchester Man Sentenced to 24 Months for Illegally Hacking into Website and Lying to Federal AgentsRead the Press Release
LEXINGTON, Ky. — A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.
Today, U.S. District Judge Danny C. Reeves sentenced Deric Lostutter, 29, for conspiring to illegally access a computer without authorization and lying to an FBI agent. Noah McHugh, Lostutter’s co-conspirator, previously pleaded guilty in September 2016 to accessing a computer without authorization and has been sentenced to eight months in prison.
“Ensuring proper online security and privacy is critically important to all of us,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky. “Computer hacking and cyber harassment create real victims, causing enormous damage to real people, organizations, and institutions. This type of conduct simply cannot be tolerated and the great work of our FBI partners in this matter validates our ongoing efforts to protect the public from illegal computer intrusions and other cybercrime.”
Lostutter admitted that in December 2012, he and McHugh hacked into a fan’s website, created for Steubenville High School sports teams, to bring attention to a rape for which two Steubenville High School football players had been arrested in August 2012, and at the time were being held in custody.
Lostutter filmed a video wearing a mask and wrote a manifesto, which were both posted on the website to harass and intimidate people, and to gain publicity for Lostutter’s and McHugh’s online identities. Specifically, the messages threatened to reveal personal identifying information of Steubenville High School students, and made false claims that the administrator of the fan website was involved in child pornography and directed a “rape crew.”
As part of the same hack, Lostutter and McHugh accessed the administrator’s private email account, and then publicly posted a link to download the administrator’s emails on the fan website. Lostutter and McHugh changed the website so no one could access anything regarding athletics and could only view the video, the manifesto, and the link to the administrator’s private emails. Lostutter and McHugh then used their online identities in social media and news interviews to promote themselves and their hack.
In 2013, Lostutter lied to the FBI, by stating in an investigative interview that he had not written the manifesto posted to the website, that he had not accessed the password-protected section of the fan website, and that he had not changed the administrator password for the website, which prevented the administrator from regaining control of his own website.
Acting U.S. Attorney Shier and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement.
The investigation was conducted by the FBI. Assistant U.S. Attorney Neeraj Gupta prosecuted this case on behalf of the federal government.
Wilkes-Barre Man Sentenced to 60 Months’ Imprisonment for Firearms OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Andre Allen, age 25, of Wilkes-Barre, Pennsylvania, was sentenced by United States District Court Judge Robert D. Mariani on February 28, 2017, to 60 months’ imprisonment for possessing a firearm in furtherance of his drug trafficking activity.
According to United States Attorney Bruce D. Brandler, Allen possessed four firearms in his apartment, two of which were stolen. Allen also possessed a variety of controlled substances including, heroin, cocaine and hydrocodone.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Wilkes-Barre Police Department. Assistant United States Attorney Evan Gotlob is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Wendell Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
BOISE – Jose De Jesus Garay-Gonzalez, 29, of Wendell, Idaho, pleaded guilty yesterday in United States District Court to conspiracy to distribute methamphetamine, Acting U.S. Attorney Rafael Gonzalez announced. Senior U.S. District Judge Edward J. Lodge took Garay-Gonzalez’s plea. Sentencing is set for May 24, 2017.
According to evidence presented at the change of plea hearing, Garay-Gonzalez and his codefendants conspired to distribute methamphetamine in Idaho between June and September of 2016. Garay-Gonzalez and his codefendants arranged for three separate deliveries of methamphetamine in the Boise and Twin Falls, Idaho, areas. Investigators discovered the conspiracy and ultimately seized 2.9 kilograms of methamphetamine.
The charge of conspiracy to distribute methamphetamine is punishable by a term of imprisonment of not less than ten years and up to life, a term of supervised release of at least five years, and a maximum fine of $10,000,000.
Codefendant, Maria Rosa Arteaga Guzman, 51, of Fruitland, Idaho, is currently set for a change of plea on May 9, 2017, for her role in the conspiracy.
The case was investigated by the Drug Enforcement Administration and the Ada County Sheriff’s Office.
The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office with funds provided by the High Intensity Drug Trafficking Areas (HIDTA) program. HIDTA is part of the Office of National Drug Control Policy (ONDCP) created by Congress with the Anti-Drug Abuse Act of 1988. It provides assistance to Federal, state, and local law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States. Idaho is part of the Oregon-Idaho HIDTA. The Idaho HIDTA is a collaboration of local, multi-jurisdictional law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
Union County, New Jersey, Man Sentenced to Two Years in Prison for $1.1 Million Food Stamp FraudRead the Press Release
NEWARK, N.J. – A grocery store owner from Union County, New Jersey, was sentenced today to 24 months in prison for stealing more than $1.1 million through a food stamp scheme, U.S. Attorney Paul J. Fishman announced.
Charles Silva, 33, of Hillside, New Jersey, previously pleaded guilty before U.S. District Judge Stanley R. Chesler to an information charging him with one count of theft of government funds. Judge Chesler imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Silva was the owner of Checkpoint Mini Mart, a small convenience store in Elizabeth, New Jersey. Checkpoint was authorized to accept Supplemental Nutrition and Assistance Program (SNAP) benefits (formerly known as food stamps). The program is administered by the U.S. Department of Agriculture.
Silva admitted he controlled a business bank account to receive the reimbursements for SNAP benefits. He knew that as a SNAP retailer, he was not allowed to exchange food stamps for cash.
From June 2015 through May 2016, he and others under his supervision illegally permitted recipients of SNAP benefits to redeem those benefits at Check Point Mini Mart for cash rather than food. Silva admitted that, in general, he and other employees redeemed SNAP benefits for approximately 30 cents on the dollar. He also admitted that from June 2015 through May 2016, Check Point Mini Mart received through its business account $1,131,063 for illegally redeemed SNAP benefits.
Silva admitted that shortly after receiving the money in the Check Point Mini Mart account, he transferred the money to another account which he used to pay personal expenses.
In addition to the prison term, Judge Chesler ordered Silva to serve three years of supervised released, forfeit $370,000 in criminal proceeds, and pay restitution of $990,000.
U.S. Attorney Fishman credited special agents of the U.S. Department of Agriculture, Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins in New York.
The government is represented by Special Assistant U.S. Attorney Frank A. Cavanagh of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: John P. McGovern Esq., Newark
Two South Jersey Men Charged with Bank RobberyRead the Press Release
CAMDEN, N.J. - Two Vineland, New Jersey, men were federally charged in connection with a Cumberland County, New Jersey, bank robbery, U.S. Attorney Paul J. Fishman announced.
Nathan L. Wallace, 28, and Quintin L. Jones, 34, are charged in separate complaints with one count of bank robbery. Wallace will appear this afternoon before U.S. Magistrate Judge Joel Schneider in Camden federal court. Jones is scheduled to appear before Judge Schneider tomorrow morning. Both defendants had been in state custody since their arrests on related charges in October 2016.
According to the complaint:
On Oct. 11, 2016, Wallace and Jones allegedly robbed a Cape Bank in Upper Deerfield Township, New Jersey. According to bank employees and video surveillance, two men wearing black hooded sweatshirts entered the bank. While one man crouched near the entrance and pointed what appeared to be a black revolver at employees, the other man approached bank tellers and directed them to place cash into a bag.
Afterwards, both robbers fled and employees observed a tan or gold vehicle with a black soft-top rapidly exit the parking lot and turn in the direction of Vineland. Security cameras at the bank and an employee also captured pictures of the car. Investigators determined that the car matched the description of a Chrysler Sebring that was stolen on Sept. 22, 2016 during a carjacking in the parking lot of a Walmart in Mays Landing, New Jersey.
The following Saturday, on Oct. 15, 2016, troopers with the N.J. State Police responded to a vehicle fire at a parking lot in Parvin State Park in Pittsgrove Township, New Jersey. After fire personnel extinguished the flames, troopers determined that the vehicle was the same car that had been stolen in the carjacking on Sept. 22, 2016.
Subsequent investigation revealed that Wallace and Jones had allegedly purchased a gas can at a Walmart in Vineland and then took a cab to a Wawa gas station near Parvin State Park, where they purchased gas shortly before police responded to the vehicle fire. Investigators also learned that Jones, who had been staying at a local hotel on Oct. 15, 2016, had been observed by an employee placing a large amount of cash in a bag. Acting on this and other information, the N.J. State Police later obtained state arrest warrants for Wallace and Jones along with search warrants for their residences. Law enforcement personnel who searched Wallace’s residence also found clothing consistent with the outfits worn by the two men during the Cape Bank robbery as well as a toy revolver, cash, gloves, and a car key that appeared to be for the Chrysler Sebring.
If convicted of the bank robbery charges, Wallace and Jones each face up to 20 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Timothy Gallagher in Newark; the FBI’s South Jersey Resident Agency, under the direction of Special agent in Charge Michael Harpster in Philadelphia; the N.J. State Police, under the direction of Col. Rick Fuentes, as well as the Vineland Police Department; the Hamilton Township Police Department; the Newfield Police Department; the Cumberland County Prosecutor’s Office, and the Salem County Prosecutor’s Office, with the investigation.
The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office Criminal Division in Camden.
The charge and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Two Mobile Pain Doctors Convicted After Seven-Week TrialRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama, is pleased to announce that a jury has convicted defendants Dr. Xiulu Ruan and Dr. John Patrick Couch of numerous felonies following a seven-week trial.
Prior to the execution of multiple search warrants by the FBI and DEA on May 20, 2015, Dr. Ruan and Dr. Couch jointly owned and operated two pain management clinics under the name Physicians Pain Specialists of Alabama (“PPSA”) as well as C&R Pharmacy. Following an extensive joint investigation by both FBI-Mobile and DEA-Mobile, both doctors were charged with a litany of federal felony offenses, including RICO conspiracy, conspiracy to violate the Controlled Substances Act, substantive drug distribution offenses, conspiracies to commit wire fraud, mail fraud, healthcare fraud, and to violate the Anti-Kickback Statute, as well as money laundering. All charges stemmed from the defendants’ operation of PPSA and C&R Pharmacy.
During the seven-week trial, the United States presented evidence that Dr. Ruan and Dr. Couch utilized PPSA and C&R Pharmacy as a criminal enterprise to violate the Controlled Substances Act and to commit mail and wire fraud, in violation of the RICO Act. Specifically, the jury saw evidence that the defendants knowingly and willfully prescribed Schedule II and III Controlled Substances, including fentanyl, outside the usual course of professional practice and not for a legitimate medical purpose. The United States argued the defendants’ motive for this illegal prescribing was their own financial self-interest. The United States also argued that the defendants’ billing practices were systematically designed to unlawfully enrich the doctors.Of particular importance in the trial were two brand name instant-release fentanyl drugs — Subsys and Abstral. Both Subsys and Abstral are only FDA-indicated for breakthrough cancer pain in opioid-tolerant adult patients. However, evidence showed that Dr. Ruan and Dr. Couch almost exclusively prescribed these drugs off-label for neck, back, and joint pain. The jury found that Dr. Ruan and Dr. Couch received illegal kickbacks from Insys Therapeutics, the manufacturer of Subsys, in exchange for the defendants prescribing massive quantities of this drug. Dr. Ruan and Dr. Couch were both among the top prescribers of Subsys in the entire United States. Evidence showed that Dr. Ruan began donating his Insys kickback payments the day after he received a copy of a criminal complaint from the Eastern District of Michigan against Dr. Gavin Awerbuch, another prolific Subsys prescriber who had been charged with receiving kickbacks from Insys. The United States argued that Dr. Ruan’s decision to donate his Insys money was done in an attempt to distance himself from the company.
With regard to Abstral, evidence showed that Dr. Ruan and Dr. Couch purchased approximately $1.6 million worth of stock in Galena Biopharma, the manufacturer of Abstral, and sought to manipulate the stock price by driving up Abstral sales. From the third quarter of 2013 through the 2014, Dr. Ruan and Dr. Couch were the number one and two prescribers of Abstral in the entire United States. During this same time period, nearly one out of every three Abstral prescriptions written in the U.S. were written by either Dr. Ruan or Dr. Couch.
As part of their criminal enterprise, Dr. Ruan and Dr. Couch owned C&R Pharmacy, which was co-located with one of the PPSA clinic locations. C&R Pharmacy would only fill prescriptions written by the doctors at PPSA, and Dr. Ruan and Dr. Couch split 75% of the profits that came in from the prescription drug reimbursements. Approximately 91% of the Subsys and Abstral prescriptions written by the defendants — which cost patients’ insurance anywhere between $1,000.00 to $24,000.00 per month — were filled at C&R Pharmacy.
In addition to C&R Pharmacy, the defendants also had a worker’s compensation dispensary, from which they directly dispensed Controlled Substances. The jury heard evidence that Dr. Ruan and Dr. Couch received guaranteed monthly kickbacks from a dispensary management company — Industrial Pharmaceuticals Management (“IPM”) and later Comprehensive Rx (“CRX”) — in exchange for the defendants dispensing certain drugs with high reimbursement rates. These monthly guaranteed amounts reached $80,000.00 per month for Dr. Ruan and $20,000.00 per month for Dr. Couch. The millions paid in kickbacks to the defendants associated with the worker’s compensation dispensary went into private bank accounts set up by the defendants.
While there were some patients who received legitimate medical care at PPSA, the jury heard evidence that many patients rarely saw either of the doctors, and that the nurse practitioners who treated Dr. Couch’s patients were abusing drugs at the work place and then seeing patients. In addition, the jury heard evidence that Dr. Couch knowingly permitted one of his nurse practitioners, Justin Palmer, to forge Dr. Couch’s name on prescriptions for Controlled Substances. Palmer testified that he forged Dr. Couch’s name approximately 25,000 times between January 1, 2011 and May 20, 2015.
Prior to trial, Justin Palmer and Bridgette Parker, both nurse practitioners for Dr. Couch, pled guilty to conspiring to prescribe Controlled Substances outside the usual course of professional practice and not for a legitimate medical purpose. Christopher Manfuso, who worked for IPM and later owned CRX, pled guilty to conspiring to pay illegal kickbacks to the doctors. Michael Drobot, Jr., who owned IPM at the time, also admitted to paying the defendants illegal kickbacks as part of a plea agreement in a separate case in the Central District of California. Finally, Insys Therapeutics drug rep Natalie Perhacs pled guilty to conspiring to pay illegal kickbacks associated with the prescribing of Subsys. Palmer, Parker, Manfuso, and Perhacs all testified during the trial.
After seven-weeks of trial, 81 witnesses, and three days of deliberation, the jury reached the following verdicts: Both doctors were convicted of (1) RICO conspiracy; (2) Conspiracy to prescribe Schedule II and III Controlled Substances outside the usual course of professional practice; (3) Conspiracy to prescribe more than 40 grams of fentanyl outside the usual course of professional practice; (4) Conspiracy to commit healthcare fraud; (5) Conspiracy to commit mail and wire fraud; (6) Conspiracy to receive illegal kickbacks from IPM/CRX related to the workers compensation dispensary; and (7) Conspiracy to receive illegal kickbacks from Insys Therapeutics in exchange for prescribing Subsys. Dr. Ruan was also convicted of both conspiracy and substantive money laundering counts. Each doctor was also convicted of several substantive illegal drug distribution counts related to prescriptions written to particular patients. Dr. Ruan was acquitted of one substantive charge related to prescriptions written for a patient.
It is believed this is the first time in United States history that a jury has convicted doctors of RICO charges related to the operation of a pill mill.
Following their convictions, the defendants agreed to forfeit to the United States several houses, beach condos, and bank accounts, as well as 23 luxury cars, including multiple Bentleys, Lamborghinis, Mercedes, and Ferraris. In addition to the forfeited property, each doctor agreed to an additional $5,000,000.00 money judgment.
“We appreciate the hard work put forth by the jury as well as all the agencies responsible for this investigation. Healthcare professionals should be held to a higher standard and a federal jury confirmed that. This office will continue to aggressively prosecute these types of cases as they are crucial to the state of this nation’s healthcare status,” said U.S. Attorney Kenyen Brown for the Southern District of Alabama.
“The abuse of prescription drugs remains a significant problem in our communities. For the health and safety of our citizens, DEA will continue to target the illegal diversion of these pharmaceuticals, which can result in the tearing apart of families and the destruction of individual lives. It is particularly egregious when the perpetrators of such illegal acts are health care professionals, like these two doctors, responsible for ensuring that potentially dangerous drugs are dispensed properly. We hope that the convictions in this case serves as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause,” said Stephen G. Azzam, Special Agent in Charge of the Drug Enforcement Administration’s New Orleans Field Division.
“As an agency we are extremely pleased with the jury’s verdict. This case is an example of what can be done when federal, state, and local law enforcement work together in a common goal to ensure our country’s health care professionals are following the law when prescribing pharmaceuticals with a highly addictive nature,” said Robert Laskey, Special Agent in Charge of the Federal Bureau of Investigation, Mobile Division.
Sentencing for Dr. Couch and Dr. Ruan will take place on May 25th and 26th, respectively. The jury finding that the amount of fentanyl illegally prescribed exceeded 40 grams means the defendants are subject to a 60-month mandatory minimum, although their guidelines are expected to be much higher.
This matter was jointly investigated by the DEA-Mobile and FBI-Mobile, and was prosecuted by Assistant U.S. Attorneys Christopher Bodnar and Deborah Griffin.
Two Mexican citizens indicted for illegally entering the United StatesRead the Press Release
Two Mexican citizens were indicted for illegally reentering the United States, U.S. Attorney Carole S. Rendon said.
Belino Selgado-Cantu, 36, was deported to Mexico in 2013 and found in Cleveland, according to the indictment.
Baltazar Bautista-Hernandez, 37, was deported to Mexico in 2010, was found in Willard, Ohio, according to the indictment.
The cases are unrelated. Both are being prosecuted by Assistant U.S. Attorney Karrie D. Howard following investigations by U.S. Border Patrol, Department of Homeland Security.
If convicted, the defendant's sentence will be determined by the court after review of factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Three Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that three previously deported aliens were indicted separately by a federal grand jury on illegal re-entry charges.
According to United States Attorney Bruce D. Brandler, Jose Alberto Juarez-Hernandez, age 32, of Guatemala, was previously deported from the United States to Guatemala in August 2010. He is alleged to have illegally re-entered the United States sometime after August 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Gregorio Perez-Canceco, age 31, of Mexico, was previously deported from the United States to Mexico on five occasions from November 2005 through July 2006. He is alleged to have illegally re-entered the United States sometime after July 2006, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Elvis Ivan Tzul-Lopez, age 36, of Mexico, was previously deported from the United States to Mexico in March 2016 and October 2010. He is alleged to have illegally re-entered the United States sometime after March 2016, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
The cases were investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
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 each defendant is two years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three KC Men Sentenced for Heroin, Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that three Kansas City, Mo., men have been sentenced in federal court for their roles in a conspiracy to distribute heroin and methamphetamine.
Eric L. Harris, also known as “E,” 38, was sentenced by U.S. District Judge Beth Phillips today to 13 years in federal prison without parole. Co-defendant Joshua R. Fuertes, 35, was sentenced on March 2, 2017, to 17 years and seven months in federal prison without parole. Co-defendant Ian C. Ransdell, 25, was sentenced on March 2, 2017, to 13 years in federal prison without parole.
The court also ordered Harris, Fuertes and Ransdell to forfeit to the government a money judgment of $840,000, which represents the proceeds of illegal drug trafficking, for which they are jointly and severally liable. Harris was ordered to forfeit to the government his residential property, which was derived from the proceeds of illegal drug trafficking.
Harris, Fuertes and Ransdell each pleaded guilty to participating in a conspiracy to distribute heroin and methamphetamine from February 2012 to September 2014, and to possessing firearms in furtherance of a drug-trafficking crime. Harris also pleaded guilty to money laundering.
Harris admitted that it was reasonably foreseeable to him that conspirators distributed approximately two kilograms of heroin and approximately six kilograms of methamphetamine.
According to court documents, Fuertes supplied Harris with heroin and methamphetamine; Ransdell supplied Harris with heroin. Harris also supplied Ransdell and others with heroin and methamphetamine. An undercover detective purchased heroin from Harris and methamphetamine from Fuertes on multiple occasions.
On Aug. 13, 2014, a Kansas City police officer attempted to conduct a traffic stop of the vehicle Harris was driving. Harris fled from the officer and a vehicle pursuit was initiated. Harris was eventually taken into custody after a foot chase. A search of Harris’s vehicle and the path in which Harris fled led to the recovery of a plastic baggie containing approximately 60 grams of methamphetamine, a plastic baggie containing approximately 28 grams of heroin and a small amount of marijuana. A .40-caliber Smith and Wesson semi-automatic pistol was later recovered from an area in which Harris threw it during the chase.
When officers executed a search warrant at Harris’s residence, they found 85.7 grams of methamphetamine, 9.9 grams of heroin, a small amount of cocaine, over 300 grams of marijuana, $42,560, three rifles, a shotgun, three handguns, ammunition and drug paraphernalia.
When officers executed a search warrant at Ransdell’s residence, they found 112.9 grams of heroin, 2.54 grams of methamphetamine, 18 handguns, a shotgun, six rifles, approximately 1,000 rounds of ammunition (including a 100-round drum rifle magazine loaded with 91 rounds of ammunition), numerous firearms parts, two bullet-proof vests, drug paraphernalia and a gold Cass County Sheriff’s badge. Ransdell also had a storage locker, where officers found a small amount of heroin, drug paraphernalia, two loaded AR-15 magazines and $20,814.
When officers executed a search warrant at Fuertes’s residence, he attempted to flee from the officers by jumping on the second floor roof, only to encounter more officers at the rear of the residence. Investigators found two pistols, a shotgun, ammunition and drug paraphernalia at Fuertes’s residence.
Harris, Fuertes and Ransdell are among 12 defendants who have pleaded guilty and been sentenced in this case. The final defendant, William H. Shannon, pleaded guilty to his role in the conspiracy and awaits sentencing.
This case is being prosecuted by Assistant U.S. Attorney Jess E. Michaelsen. It was investigated by the Kansas City, Mo., Police Department and the Drug Enforcement Administration.
Three Citizens from Mexico Who Harbored Teen and Forced Her to Work to Pay Off Smuggling Fees Sentenced to PrisonRead the Press Release
Three citizens from Mexico who were living in Aberdeen and Federal Way, Washington without legal status, were sentenced to prison today in U.S. District Court in Seattle for conspiracy to violate immigration laws for financial gain, announced U.S. Attorney Annette L. Hayes. MIGUEL ARCEF-FLORES, 42, was sentenced to 40 months in prison; ANGEL SANDOVAL MONDRAGON, 37, was sentenced to 36 months in prison; and MARBELLA SANDOVAL MONDRAGON, 38, was sentenced to 34 months in prison. Following their incarceration each will likely be deported from the U.S. U.S. District Judge James L. Robart imposed the sentences, saying that the “extreme and abusive conduct of the Defendants” took the case “well outside the heartland of the typical alien smuggling case.”
“The defendants promised the world, and then stole the childhood of a 14-year-old girl,” said U.S. Attorney Annette L. Hayes. “They preyed on a vulnerable relative for their own selfish and depraved reasons. Victims should know that they can safely come forward and report human trafficking crimes and all of us in law enforcement will work to ensure the perpetrators of such crimes are brought to justice.”
“No one should be forced to live in a world of isolation, servitude and terror as this young victim was, particularly in a country that prides itself on its freedoms,” said Brad Bench, special agent in charge of HSI Seattle. “It’s a sad reflection on human greed and heartlessness, that people believe they can engage in this kind of egregious exploitation with impunity. This sentence should send a message to those who traffic in human beings – that HSI and its federal law enforcement partners are committed to protecting those who cannot protect themselves.”
According to records filed in the case and evidence before the Court, in December 2004, ANGEL SANDOVAL MONDRAGON, who had recently been voluntarily removed from the United States to Mexico, began recruiting his then 14-year-old niece to travel with him from Mexico into the United States. ANGEL SANDOVAL MONDRAGON and his family, including his sister, MARBELLA SANDOVAL MONDRAGON, and her husband, MIGUEL ARCEF-FLORES, and their children, had been living illegally in the Aberdeen, Washington area. ANGEL SANDOVAL MONDRAGON promised the young girl a better life with an education and a home with his family. In early 2005, ANGEL SANDOVAL MONDRAGON smuggled the young teen across the border from Mexico with the help of a “coyote.” ANGEL SANDOVAL MARBELLA SANDOVAL MONDRAGON and MIGUEL ARCEF-FLORES picked them up and transported them to Aberdeen, where the three defendants shared a home with their five children and another teenage niece, who had previously been smuggled into the United States. The young girl was then informed that she would not be enrolling in school, but was instead expected to work to pay off a smuggling debt.
ANGEL SANDOVAL MONDRAGON obtained false documents for the teen and helped her procure employment at various low wage temporary jobs at local companies in the Seattle area, including Plush Pippin and Seattle Gourmet Food. The teenager was required to give all the money she earned to the three defendants to pay for rent, food, and household expenses. The teenager and her cousin were sexually molested and threatened with deportation if they told anyone about their situation. They were also denied food and medical care.
In approximately May 2006, the victim’s employment with the temporary staffing agency was terminated because she was physically unable to work. The defendants sent the victim and her teenage cousin back to Mexico. The defendants continued to tell the victim that she owed them money for the costs incurred in bringing her to, and harboring her in the United States.
A few years later, in 2009, MARBELLA SANDOVAL MONDRAGON recruited her two younger brothers, both of whom were juveniles, to travel from Mexico to live with her and MIGUEL ARCE FLORES in the Seattle area. After the juveniles arrived they were told they had incurred smuggling debts and had to repay her. MARBELLA SANDOVAL MONDRAGON took custody of one of the juvenile brother’s identification documents and told him that he would not get the documents back until he had paid his debt in full.
All three defendants were indicted in December 2015 and have been in custody since their arrests on December 7, 2015.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Seattle Police Department, the Federal Way Police Department, and the Aberdeen Police Department. The Department of Labor Wage and Hour Division also assisted with restitution calculations.
The case was prosecuted by Assistant United States Attorneys Kate Crisham and Bruce Miyake.
Tenesee Man Sentenced on Gun 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 David E. Rhoades, 36, of Goodlettsville, Tennessee, who was convicted of possession of a firearm as an unlawful user of a controlled substance, was sentenced to 15 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on August 28, 2016, the defendant attempted to enter Canada at the Peace Bridge Port of Entry. Rhoades was refused entry for possessing a loaded gun. The defendant was escorted by the Canada Border Services Agency back into the United States to U.S. Customs and Border Protection. The gun was a 9mm pistol for which Rhoades did not have a permit to carry. Drug paraphernalia, including a pill bottle with cocaine residue, a pipe, rolling papers with marijuana residue, and a scale, was also found in the car and seized by officers. As he was arrested, the defendant admitted being a cocaine user.
The 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; Customs and Border Protection, under the direction of Rose Brophy; Director of Field Operations; and the Canada Border Services Agency.Swanzey Man Pleads Guilty to Possessing Child PornographyRead the Press Release
CONCORD, N.H. – Dale Edson, 30, of Swanzey, New Hampshire, pleaded guilty in federal court to possessing images of child pornography, announced U.S. Attorney Emily Gray Rice.
According to documents on file and statements in court, law enforcement officers received information in July 2015 that potential child pornography images had been uploaded to a cloud storage service from a phone number associated with Edson. After establishing that the phone number was used by Edson, law enforcement obtained a search warrant for Edson’s residence. On September 9, 2015, the police executed the warrant and, based on a preliminary forensic review conducted at the residence, seized three computers and other devices. A forensic examination of two laptop computers established that images of child pornography were found on each computer. An examination of a tablet used by Edson established that images of child pornography were found on the tablet.
A sentencing hearing has been scheduled for June 19, 2017.
The case was investigated by the Hinsdale Police Department and the Department of Homeland Security, Homeland Security Investigations, with assistance from the Swanzey Police Department, the Bedford Police Department, the Nashua Police Department, the Portsmouth Police Department, the Rochester Police Department, and the Interstate Crimes Against Children Task Force. case is being prosecuted by Assistant United States Attorney Donald Feith.
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Superseding Indictment is Unsealed Charging Five New Defendants in Conspiracy to Transport and Fence Property Stolen from Surrounding StatesRead the Press Release
Oklahoma City, Oklahoma – Five new defendants have been charged in a superseding indictment unsealed today in federal court alleging a conspiracy to fence property stolen in other states, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On January 18, 2017, the original indictment was returned charging AMANDA CZERMAK (a/k/a "Amanda Rodriguez" and "Amanda Wolfe"), 35, from Chickasha, Oklahoma, with one count of conspiracy to steal motorized vehicles and equipment from surrounding states to be "fenced" for resale in Oklahoma.
The superseding indictment unsealed today adds five new defendants: DAKOTAH HENDERSON, 26, from Chickasha, DAKOTA EPPERLY, 30, from Oklahoma City, DENNIS LEE, 43, from Newcastle, AUSTON SLATER, 28, from Mustang, and DAVID ADUDDELL, 66, from Oklahoma City.
Specifically, the superseding indictment alleges that Czermak and Henderson stole property such as tractors, golf carts, all-terrain vehicles (ATVs), utility task vehicles (UTVs), rough-terrain vehicles (RTVs), and zero-turn riding lawn mowers (ZTRs) from other states, including Texas, Kansas, Missouri, and Nebraska, and transported the stolen property to Oklahoma. The goal of the conspiracy, it is alleged, was to "fence" (the procedure of receiving, possessing, storing, and disposing of stolen goods) the stolen property through other conspirators. This scheme is alleged to have taken place from February of 2016 through August 26, 2016.
During the course of the conspiracy, it is alleged that Czermak and Henderson transported the stolen property to a business where Lee is the registered agent, Richardson Homes, LLC., in Oklahoma City. The superseding indictment alleges that the co-conspirators communicated by cell phone by texting each other and potential buyers of the stolen items.
The superseding indictment alleges the following specific counts against the defendants:
- In Count 1, Czermak, Henderson, Epperly, Lee and Slater are charged with conspiracy to transport stolen goods in interstate commerce, for which each defendant faces up to 5 years in federal prison and a $250,000 fine, if convicted.
- In Count 2, Henderson, Epperly and Lee are charged with possession of stolen property which crossed interstate boundaries, for which each defendant faces up to 10 years in federal prison and a $250,000 fine, if convicted.
- In Count 3, Henderson and Epperly are charged with interstate transportation of stolen property, for which each defendant faces up to 10 years in federal prison and a $250,000 fine, if convicted.
- In Counts 4, 5, and 6, Henderson, Epperly and Slater are charged with possession of stolen property which crossed interstate boundaries, for which each defendant faces up to 10 years in federal prison and a $250,000 fine on each count, if convicted.
- In Count 7, Henderson, Epperly, Slater, Lee and Aduddell are charged with possession of stolen property which crossed interstate boundaries, for which each defendant faces up to 5 years in federal prison and a $250,000 fine, if convicted.
- In Count 8, Lee is charged with illegal possession of 18 firearms as a previously convicted felon, for which he faces up to 10 years in federal prison and a $250,000 fine, if convicted.
The public is reminded the superseding indictment merely contains accusations and that the defendants are presumed innocent unless proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
This case is the result of a joint investigation by Special Agents with the Oklahoma Department of Agriculture Food and Forestry who regularly investigate agriculture equipment thefts, cattle thefts, wildland arson fires and timber theft; the Oklahoma City Police Department; and the Federal Bureau of Investigation, specifically the FBI Major Theft Task Force, consisting of officers and agents from the Canadian County Sheriff Office, Garvin County Sheriff’s Office, and the Oklahoma State Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Ed Kumiega and Ashley Altshuler.
Richmond Man Pleads Guilty to Possession of Child PornographyRead the Press Release
OAKLAND– Dumaka Hammond pleaded guilty today to possession of child pornography, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The guilty plea follows a federal grand jury indictment issued on March 10, 2016.
Hammond, 40, is a resident of Richmond, Calif. According to his plea agreement, Hammond admitted using an internet tool known as Tor to access and download child pornography. Hammond acknowledged that some of the images he downloaded depicted sadistic or masochistic content and some images and videos involved prepubescent children. Additionally, Hammond acknowledged that law enforcement found and removed from his home a laptop computer that contained more than 300 child pornographic images.
Hammond was charged with one count of possession of child pornography and access with intent to view child pornography, in violation of 18 U.S.C. §§ 2252(a) and (b). Pursuant to the plea agreement, Hammond pleaded guilty to the single count in the indictment.
The plea colloquy was conducted by the Honorable James Donato, U.S. District Judge. Judge Donato has scheduled a sentencing hearing for May 24, 2017, at 10:30 a.m., in San Francisco. The maximum statutory sentence for violating 18 U.S.C. § 2252 is a 20-year prison term. Additional fines, victim restitution, and a term of supervised release also may be imposed by Judge Donato. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Thomas Green is prosecuting the case with the assistance of Trina Khadoo. The prosecution is the result of an investigation by the FBI.
If members of the public have any information relevant to this investigation or to suspected child predators or suspicious activity, they should contact Homeland Security Investigations through the toll-free Tip Line at 1-866-DHS-2-ICE or complete the online tip form at: https://www.ice.gov/webform/hsi-tip-form. Both are staffed around the clock by investigators. Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
Registered Sex Offender Sentenced to 27 Years in Federal Prison for Child PornographyRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that James Robert Loper, age 42, of Greenwood, Arkansas, was sentenced today to 324 months in federal prison on one count of Receipt of Child Pornography and 240 months in federal prison on one count of Possession of Child Pornography. The sentences are to run concurrent with each other and Loper was sentenced to a lifetime term of supervised release. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, on August 13, 2016, the Northwest Arkansas Internet Crimes Against Children Task Force received a cyber-tip from the National Center for Missing and Exploited Children about an individual in the Fort Smith area who was uploading known images of child pornography to a Twitter account. Through the cell phone provider, agents were able to identify the phone number as being associated with James Robert Loper, a convicted sex offender. On September 15, 2016, law enforcement officers along with federal probation officers executed a search of Loper’s residence. At that time, he admitted to using the Twitter account to receive images and videos of child pornography and to being in possession of three cell phones containing child pornography. Loper also shared sexually explicit images with a 16-year-old girl using Twitter. A forensic examination revealed the phones to contain over 200 images and 30 videos of child pornography. One of the videos depicted sexually explicit conduct involving female children under the age of three-years-old. Loper had previously been convicted of Possession of Child Pornography and was on federal supervision when the offenses were committed. Loper was named in a federal indictment in October, 2016 and pleaded guilty in November, 2016.
“Identifying and arresting sexual predators remains a top priority for HSI,” said Raymond R. Parmer, Jr. “HSI appreciates the teamwork of the Greenwood Police Department and the U.S. Probation and Parole, along with our other law enforcement partners, in ensuring this multiple offender was brought to justice.” Parmer is the Special Agent in Charge of the New Orleans field office with responsibility for Arkansas, Alabama, Louisiana, Mississippi, and Tennessee.
This case was investigated by Homeland Security Investigations, Greenwood Police Department, Arkansas Probation and Parole, and the Northwest Arkansas Internet Crimes Against Children Task Force. Assistant United States Attorney Denis Dean prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Personal Injury and Medical Malpractice Lawyer Charged with Tax EvasionRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Kathy Enstrom, Acting Special Agent-in-Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today that HERBERT LINDENBAUM, a Manhattan personal injury and medical malpractice attorney, voluntarily surrendered today in Manhattan federal court. LINDENBAUM is charged in a six-count Indictment with engaging in a nearly two-decade-long tax evasion scheme that involved his failure to pay more than $3.3 million in back taxes, penalties, fees, and interest to the IRS.
Mr. Bharara said: “As an attorney, Herbert Lindenbaum should have known better. But as alleged, rather than abide by the law, Lindenbaum engaged in a nearly two-decade scheme to divert and evade millions of dollar in taxes.”
IRS-CI Acting Special Agent-in-Charge Kathy Enstrom said: “As alleged in the indictment, Mr. Lindenbaum intentionally evaded his tax obligations for well over a decade, failing to pay millions he owed in taxes. Fulfilling individual tax obligations is a legal requirement and those who willfully evade that responsibility will be prosecuted.”
According to the allegations in the Indictment[1] returned today in Manhattan federal court:
From 1999 through the present, HERBERT LINDENBAUM has been a personal injury and medical malpractice lawyer in New York, New York. For tax years 1999 through 2013, LINDENBAUM reported to the IRS that he owed taxes of more than $2.5 million, but voluntarily paid to the IRS only $85,000. Including penalties, fees, and interest, LINDENBAUM currently owes the IRS more than $3.3 million.
To evade paying the IRS, LINDENBAUM engaged in at least five tactics to conceal the extent of his and his law firms’ income from the IRS. First, LINDENBAUM caused business checks for his legal work to be deposited directly into his wife’s personal bank accounts.
Second, LINDENBAUM used his law firms’ bank accounts like his own personal coffers by paying his personal expenses directly from those accounts. He paid approximately $85,000 in alimony, $75,000 in personal loan repayments, $425,000 in apartment rental and utility payments, $25,000 in luxury car payments and parking expenses, $50,000 in tuition and other expenses for his children, and $10,000 in medical expenses directly from his business bank accounts. Some of these business bank accounts were Interest on Lawyer, or “IOLA,” accounts. New York law requires that IOLA accounts hold only client funds. Still, LINDENBAUM used at least two IOLA accounts to pay his personal expenses.
Third, LINDENBAUM paid his son and his wife nearly $150,000 for work for his law firms that they did not actually perform. Fourth, LINDENBAUM cashed checks totaling more than $325,000 made payable to himself from his business accounts.
Finally, in September 2010, the IRS levied two of LINDENBAUM’s business bank accounts, which permitted the IRS to take involuntary payments of LINDENBAUM’s tax liabilities from those accounts. To avoid this levy, LINDENBAUM opened at least two personal bank accounts and deposited more than $160,000 of business receipts into those accounts.
LINDENBAUM’s actions over the course of nearly 20 years have prevented the IRS from collecting the more than $3.3 million that he owed the IRS.
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LINDENBAUM, 78, of New York, New York, was arraigned in Manhattan federal court today before Magistrate Judge Ronald L. Ellis. The case is assigned to United States District Judge Paul A. Crotty.
LINDENBAUM, who was charged with one count each of obstructing the IRS and tax evasion, and four counts of failure to pay the IRS, faces the following penalties if convicted:
Statute Violated
Counts
Description
Maximum Sentence
26 U.S.C. § 7201
1
Tax Evasion
Five years in prison
18 U.S.C. § 7203
2 to 5
Failure to pay taxes – 2010 to 2013 tax years
One year in prison on each count
26 U.S.C. § 7212(a)
6
Corruptly endeavoring to obstruct and impede the due administration of the Internal Revenue Laws
Three years in prison
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the Court.
Mr. Bharara praised the outstanding investigative work of the IRS.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Jennifer L. Beidel is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Owner of Chesapeake Barber College Sentenced for $4.5 Million GI Bill FraudRead the Press Release
NORFOLK, Va. – William E. Grobes, IV, 45, of Chesapeake, was sentenced today to 63 months in prison, followed by three years of supervised release, for charges of conspiring to commit wire fraud and money laundering. Grobes was also ordered to pay over $4.5 million in restitution.
Grobes pleaded guilty on Nov. 30, 2016. According to court documents, Grobes owns the College of Beauty and Barber Culture (CBBC), located in Chesapeake. CBBC was purportedly a barber and cosmetology school approved by the Department of Veterans Affairs (VA) to provide education and training to military veterans, including veterans who received tuition assistance under the Post-9/11 GI Bill. Grobes represented to the VA that CBBC provided full-time schooling to hundreds of veteran students beginning in October 2011. In reality, the school was a sham. Most veterans enrolled in CBBC courses received few, if any, hours of instruction from CBBC employees, and there were no tests, exams, or practical exercises given. Rather, students were directed to simply sign in and out of the school each day so that Grobes could report to the VA that they were enrolled and attending. In exchange, CBBC received Post-9/11 GI Bill tuition payments for each veteran from the VA.
Based on Grobes’ provision of false information to the VA concerning the number of hours of instruction and the manner and quality of the instruction provided to veteran students, CBBC received over $4.5 million in Post-9/11 GI Bill tuition payments between October 2011 and September 2016.
Grobes has agreed to forfeit his home, six bank accounts totaling over $1 million, and nearly $200,000 in cash seized from a safe in the floor of his home. Grobes’ wife and co-conspirator, Katherine Grobes, is scheduled to be sentenced on Friday, March 10.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Michael J. Missal, Inspector General, U.S. Department of Veterans Affairs, Office of Inspector General; Thomas Holloman, Acting Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); and Maureen Evans, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Norfolk Field Office, made the announcement after sentencing by Chief U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorney V. Kathleen Dougherty 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-154.
New Orleans East Resident Sentenced to 17 Years for Drug and Gun ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LEROY SMITH, age 33, of New Orleans East, was sentenced today after previously pleading guilty to one count of conspiracy to distribute and to possess with the intent to distribute 100 grams or more of acetyl fentanyl and 100 grams or more of heroin, and one count of possessing firearms in furtherance of his drug-trafficking activities.
U.S. District Judge Ivan L.R. Lemelle sentenced SMITH to 211 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2014 and 2015, SMITH and others engaged in a conspiracy to distribute acetyl fentanyl and heroin to over twenty different customers in the New Orleans area. SMITH worked with his coconspirators to order and receive packages of acetyl fentanyl from a source in China. In April 2015, law enforcement intercepted two packages of acetyl fentanyl that were mailed from the Chinese source to associates of SMITH in the New Orleans area. The packages contained a total of one-and-a-half kilograms of acetyl fentanyl, which SMITH planned to package and resell as “heroin” in the New Orleans area. At the time of his arrest on July 13, 2015, SMITH was in possession of heroin, drug paraphernalia, almost $3,000 in United States currency, and multiple loaded firearms.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, United States Customs and Border Protection, United States Postal Service, Louisiana State Police, New Orleans Police Department, Jefferson Parish Sheriff’s Office, St. Bernard Parish Sheriff’s Office, St. Charles Parish Sheriff’s Office, and Kenner Police Department in investigating this matter. Assistant United States Attorneys Brandon S. Long and Nicholas D. Moses were responsible for the prosecution.
New Iberia attorneys plead guilty to failure to file tax returnsRead the Press Release
LAFAYETTE, La. – Two Louisiana attorneys pleaded guilty Monday in the U.S. District Court for the Western District of Louisiana to willfully failing to file federal tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Stephanie A. Finley for the Western District of Louisiana.
According to documents filed with the court, James Lynden Burton, 48, and his ex-wife, Lucretia Pecantte-Burton, 50, of New Iberia, La., are licensed attorneys and were partners of the law firm of Pecantte-Burton & Burton. The law firm offered general legal services and representation and regularly received cash payments from clients for legal services rendered. They also had a partnership interest in a tax return preparation business. For tax years 2007, 2008 and 2009, Burton and Pecantte-Burton did not file individual income tax returns despite earning income from their law practice and the tax return preparation business. They filed delinquent returns after learning that they were under criminal investigation by the Internal Revenue Service (IRS).
Burton and Pecantte-Burton each face a statutory maximum sentence of 12 months in prison as well as a term of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Finley thank special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney David Joseph and Trial Attorney Daniel McGraw, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New Haven Man Sentenced to 2 Years in Prison for Illegal Gun PossessionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JAMES DOUGLAS, also known as “Sucky,” 25, of New Haven, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 24 months of imprisonment, followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on May 26, 2015, New Haven Police officers received a report that a group of young men were in the vicinity of Orchard and Dickerman Streets and that some of them might be armed with firearms. As the officers approached the group, DOUGLAS began to run away, but fell before he could escape. Officers located and seized a .32 caliber revolver loaded with one bullet from the waistband of DOUGLAS’s pants.
Prior to May 2015, DOUGLAS had sustained felony convictions, including convictions for second degree burglary, carrying a pistol without a permit, and assault on public safety personnel.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
DOUGLAS has been detained since his arrest on May 26, 2015.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Haven Police Department.
This case was prosecuted by Assistant U.S. Attorneys Jennifer P. Laraia and Michael E. Runowicz.
Navajo Man from Arizona Sentenced to Prison for Federal Assault Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Charleston Wauneka, 30, an enrolled member of the Navajo Nation who resides in St. Michaels, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 21 months in prison followed by three years of supervised release for his conviction on an assault charge.
Wauneka was arrested in Aug. 2016, on an indictment charging him with assault resulting in serious bodily injury. The indictment alleged that Wauneka committed the crime on Aug. 15, 2013, on the Navajo Reservation in McKinley County, N.M.
On Sept. 1, 2016, Wauneka pled guilty to the indictment and admitted that on Aug. 15, 2013, he assaulted the victim by striking and kicking her, causing her to suffer serious bodily injury. More specifically, Wauneka admitted that his criminal conduct caused the victim to suffer fractured orbital bones around her left eye and hearing loss in her left ear.
This case was investigated by the Window Rock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Sarah Mease.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nashville Man Pleads Guilty to Conspiracy and Attempted Robbery of East Nashville Beauty Supply StoreRead the Press Release
Michael M. Thompson a/k/a Monkey Man, 35, of Nashville, Tenn., pleaded guilty yesterday in U.S. District Court, to conspiracy and attempted robbery, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Thompson also pleaded guilty to brandishing a firearm during a crime of violence and being a felon in possession of a firearm.
According to the facts presented at the plea hearing, on December 26, 2014, Thompson entered the Beauty & Beyond store located at 710 Gallatin Pike in Nashville and brandished a loaded handgun at the employees and placed the gun against a store clerk’s head while demanding money. The store clerks resisted and grappled Thompson for the gun and were eventually able to pry the gun from Thompson’s hands and held him until police officers arrived.
Thompson admitted that he was a previously convicted felon with two aggravated robbery convictions, one of which was an armed robbery of another beauty supply store; two statutory rape convictions; two felony drug-related convictions; and several felony convictions for violating state sex offender registry requirements.
The plea agreement calls for Thompson to receive a sentence of 15 years in prison when he is sentenced by U.S. District Judge Aleta Trauger on June 2, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Metropolitan Nashville Police Department Gang Unit. The case is being prosecuted by Assistant United States Attorney Sunny A.M. Koshy.
Montgomery County Couple Guilty in Bankruptcy Fraud ConspiracyRead the Press Release
HOUSTON, Texas - A Conroe, Texas couple has pleaded guilty to bankruptcy fraud conspiracy in the Southern District of Texas, announced Eastern District of Texas Acting U.S. Attorney Brit Featherston.
Richard Kent Harris, 73, and Darlene Ann Riley, 59, pleaded guilty to conspiracy to commit bankruptcy fraud today before U.S. District Judge Kenneth M. Hoyt.
According to information presented in court, on June 22, 2012, Richard Harris entered into a contract with a home builder to construct a custom home for Harris and his wife, Darlene Riley. In August 2012, Harris and Riley became embroiled in a dispute with the home builder over the design of their house and a lawsuit ensued. The lawsuit went to arbitration, where Harris and Riley were ordered to pay the home builder $54,686.55 in damages. Approximately two weeks later Harris and Riley consulted with a bankruptcy attorney.
Harris and Riley filed for divorce on April 1, 2013, but continued to reside at the same address. In the months leading up to the divorce filing, Harris and Riley made substantial charges on their credit card, which was used for their mutual benefit. On February 26, 2013, Riley withdrew $67,000 from the joint checking account she shared with Harris and deposited it into her own sole checking account.
Following Riley’s filing for divorce, a property settlement was entered into between Riley and Harris. All material assets of the marriage were awarded to Riley, which included a 2004 Jaguar XK8, a 2007 beachcomber boat, a utility trailer, all of their furnishings, 43 paintings, jewelry, 2012 federal income tax refund, and half of his net federal pension. On June 12, 2013, Harris also transferred his interest in their homestead by special warranty deed to Riley. The divorce was finalized on June 3, 2013.
On October 15, 2013, Harris filed for Chapter 7 bankruptcy in the Southern District of Texas. Harris claimed debts totaling $173,305.19 to various banks, credit cards, the home builder and other unsecured creditors. Harris failed to disclose on his bankruptcy petition the transfer of his homestead interest to Riley, the vehicle transfers, the sale of a truck for $5,500, and the $67,000 withdrawal from his joint account with Riley. A review of Riley’s bank records found that the $67,000 she transfered into her solely owned bank account was spent on mortgage payments and other joint household expenses. Riley’s transfer of the $67,000 from the joint account with Harris was done to hide those assets from being used to repay Harris’s creditors in the Chapter 7 bankruptcy. Further, Harris filed the bankruptcy petition with knowledge that the transfer was not disclosed to his creditors in the bankruptcy petition, as is required by law.
Under federal statutes, Harris and Riley face up to five 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.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Eastern District of Texas Assistant U.S. Attorneys Christopher T. Tortorice and Paul Hable.
Minnesota Man Who Sent Threatening Letter to Islamic Center Sentenced to 12 Months in PrisonRead the Press Release
The Justice Department announced that Daniel George Fisher, 57, of Minneapolis, Minnesota was sentenced today in the District of Minnesota to 12 months in prison and three years of supervised release for mailing a letter in which he threatened to blow up an Islamic Center.
On Nov. 30, 2016, Fisher pleaded guilty to violating 18 U.S.C. § 247, for obstructing, by threat of force, the free exercise of religious beliefs. According to his guilty plea, in September 2015, Fisher wrote and mailed an anonymous letter to the Tawfiq Islamic Center (TIC), located in Minneapolis, and threatened to “blow up your building with all you immigrants in it.” The letter also included slurs and disparaging statements, evincing the Defendant’s strong anti-Muslim animus.
Fisher told investigators that he had been increasingly angry with Muslims since the 9/11 terrorist attacks in New York and DC. Fisher admitted that he sent the letter to scare and intimidate the TIC's members so they would stop building the Center in his former neighborhood.
“The free exercise of one’s religious beliefs is a fundamental tenet of our Democracy,” said Acting Assistant Attorney General Tom Wheeler. “This sentence sends a message that anyone who threatens others with violence because of religious intolerance will face significant consequences.”
“My Office takes very seriously any threat of violence against an individual or their place of worship based on race, religion or cultural practices,” said U.S. Attorney Andrew Luger of the District of Minnesota. “We will continue to work closely with the FBI to prosecute these types of crimes, which threaten religious freedoms and violate fundamental civil rights.”
“The sentence handed down today committing the defendant to federal prison reflects the severity of his appalling hate crime,” said Special Agent in Charge Richard T. Thornton of the FBI's Minneapolis Division. “The FBI will continue to prioritize, investigate, and bring to justice those who commit federal hate crimes and other civil rights violations.”
The FBI’s Minneapolis Division investigated the matter. Assistant U.S. Attorney Angela Munoz-Kaphing of the District of Minnesota and Trial Attorney Olimpia Michel of the Civil Rights Division’s Criminal Section prosecuted the case.
Minnesota Man Who Sent Threatening Letter to Islamic Center Sentenced to 12 Months in PrisonRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of DANIEL GEORGE FISHER, 57, to 12 months in prison for threatening to blow up the Tawfiq Islamic Center in Minneapolis. FISHER pleaded guilty on November 30, 2016, before U.S. District Judge Wilhelmina M. Wright in Saint Paul, Minn.
"My Office takes very seriously any threat of violence against an individual or their place of worship based on race, religion or cultural practices,” said United States Attorney Andrew Luger. "We will continue to work closely with the FBI to prosecute these types of crimes, which threaten religious freedoms and violate fundamental civil rights."
“The free exercise of one’s religious beliefs is a fundamental tenet of our Democracy,” said Acting Assistant Attorney General Tom Wheeler. “This sentence sends a message that anyone who threatens others with violence because of religious intolerance will face significant consequences.”
"The sentence handed down today committing the defendant to federal prison reflects the severity of his appalling hate crime," said Special Agent in Charge Richard T. Thornton of the FBI's Minneapolis Division. "The FBI will continue to prioritize, investigate, and bring to justice those who commit federal hate crimes and other civil rights violations."
According to the defendant’s guilty plea and documents filed in court, on September 30, 2015, the Tawfiq Islamic Center received an anonymous handwritten letter, which threatened to “blow up your building with all you immigrants in it.” The letter also included profanities, racial and ethnic slurs, and other derogatory commentary about the religious and cultural practices of the members of the Tawfiq Islamic Center.
According to the defendant’s guilty plea and documents filed in court, FBI Special Agents interviewed FISHER on June 14, 2016. FISHER reported that he was angry that the Tawfiq Islamic Center selected Minnehaha Avenue for its new location and he wanted the Center to build somewhere else. FISHER further reported that he had become “increasingly angry with Muslims since 9/11.” FISHER confessed to writing the letter and mailing it to Tawfiq Islamic Center with the intent to threaten and scare members of the Tawfiq Islamic Center.
This case is the result of an investigation conducted by the FBI.
Assistant United States Attorney Angela Munoz-Kaphing and Trial Attorney Olimpia Michel of the Civil Rights Division’s Criminal Section prosecuted the case.
Defendant Information:
DANIEL GEORGE FISHER, 57
No known address
Convicted:
- Obstruction of Persons in the Free Exercise of Religious Beliefs, 1 count
Sentenced:
-
12 months in prison
-
Supervised release term of three years
-
Six months of community confinement
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Miami-Dade Resident Pleads Guilty to Six Armed Commercial RobberiesRead the Press Release
A Miami-Dade County resident pled guilty, on February 28, 2017, to committing six armed commercial robberies throughout Pinecrest, South Miami, and Coral Gables.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida; Katherine Fernandez Rundle, Miami-Dade State Attorney; Peter Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division; Juan Perez, Director, Miami-Dade Police Department (MDPD); Daniel Oates, Chief, Miami Beach Police Department (MBPD); Rene Landa, Chief, South Miami Police Department; Edward Hudak Jr., Chief, Coral Gables Police Department; Samuel Ceballos, Jr., Chief, Pinecrest Police Department; and Rodolfo Llanes, Chief, City of Miami Police Department (MPD), made the announcement.
Zeddrick Smith, 46, pled guilty to all six robbery counts that were charged in the indictment, in addition to one count of possession of a firearm by a convicted felon, and a single count of possession of a firearm in furtherance of a crime of violence. Smith faces a maximum statutory sentence of life in prison. He is scheduled to be sentenced before U.S. District Court Chief Judge K. Michael Moore on May 11, 2017.
According to the court record, including the agreed upon factual proffer, defendant Smith committed six armed robberies of commercial establishments. On November 24, 2016, November 27, 2016, November 29, 2016, December 6, 2016, December 8, 2016, and December 11, 2016, Smith robbed various victims at gunpoint at restaurants and food stores in South Florida. Pursuant to the investigation, officers recovered the loaded firearm that had been used in the robberies, in Smith’s vehicle. At the time of the robberies, Smith was a convicted felon who was prohibited from possessing a firearm and ammunition.
Mr. Greenberg commends the investigative efforts of ATF, MDPD, Miami Beach Police Department, South Miami Police Department, Coral Gables Police Department, Pinecrest Police Department, and MPD in relation to this case. This case was prosecuted by Special Assistant U.S. Attorney Marianne Curtis from the Miami-Dade State Attorney’s Office.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.