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3 March 2017
St. Croix Man Sentenced to 24 Months for Possession of Firearm by Drug UserRead the Press Release
St. Croix, USVI – District Court Judge Raymond L. Finch, on March 2, 2017, sentenced Dwayne Wesselhoft, 29, of St. Croix, to 24 months in prison for possession of a firearm by a drug user, United States Attorney Ronald W. Sharpe announced. Judge Finch also sentenced Wesselhoft to three years of supervised release and ordered him to pay a fine of $1,000 plus a special assessment of $100.
According to court records, on October 1, 2015, agents from the U.S. Drug Enforcement Administration (DEA) conducted a consent search at Wesselhoft’s residence located on St. Croix. The search uncovered a 9mm Luger pistol in the master bedroom which Wesselhoft admitted was his. Agents also found a container with marijuana. Wesselhoft admitted to smoking two marijuana "joints" per day for the past five to six years.
The case was investigated by the DEA and was prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.
Springfield Cocaine Dealer Sentenced to PrisonRead the Press Release
ALEXANDRIA, Va. – Cristan Taylor, 48, of Springfield was sentenced today to three years in prison for conspiracy to distribute cocaine.
Taylor pleaded guilty on Dec. 15, 2016. According to court documents, Taylor sold cocaine from November 2014 until February 2016. During much of this time period, Taylor obtained quantities ranging from one ounce to one kilogram at a time from Hameed Jide Bello of Fort Washington, Maryland. Taylor would then redistribute this cocaine to others in Fairfax County and Pennsylvania. In total, Taylor admitted to distributing between 3.5 and 5 kilograms of cocaine.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Andrew W. Vale, Assistant Director in Charge of the FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Assistant U.S. Attorney Carina A. Cuellar prosecuted the case.
The case began as a narcotics investigation initiated by the Fairfax County Police Department, and was federally investigated by the FBI and DEA as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Fifty Pounder. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-cr-280.
Second Defendant Pleads Guilty to Dog-Fighting ConspiracyRead the Press Release
COLUMBUS, Ohio – Randall J. Frye, 58, of Columbus, pleaded guilty in U.S. District Court to conspiring to participate in a dog-fighting ring in central Ohio.
In November 2016, Charles A. Granberry, 40, of Columbus pleaded guilty to the same dog-fighting charge and to illegally possessing a firearm.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Anthony Mohatt, Special Agent in Charge, Midwest Region, U.S. Department of Agriculture Office of Inspector General, Columbus Police Chief Kim Jacobs, Franklin County Prosecuting Attorney Ron O’Brien, and Capital Area Humane Society Executive Director Rachel D.K. Finney announced the plea entered today before U.S. Magistrate Judge Terrance P Kemp.
According to court documents, law enforcement officers found dogs at the homes of Frye and Granberry. Each house was used to train, fight and sell dogs, including at least 20 fighting dogs in the rear yard and attic of one house and at least nine dogs at Frye’s residence, some that were chained to heavy automobile axles buried in the ground.
Officers executed search warrants on April 5, 2016 at five Columbus houses. Agents seized evidence including more than 40 dogs along with cages, treadmills, heavy chains and collars and other items. Agents found canine blood on the floor and walls of the basement of one home indicating that the area was used as a dog fighting pit.
Items seized specifically at Frye’s residence also included dog fighting publications, articles authored by Frye about his well-known fighting dogs “Stein” (circa 1987) and “Miles Davis” (circa 1997) and shipping documents showing interstate and international shipment of fighting dogs.
Frye was charged by a Bill of Information on February 16.
Conspiracy is punishable by up to five years in prison and a fine of up to $250,000.
U.S. Attorney Glassman commended the ongoing investigation by the USDA-OIG, Columbus Police and the Humane Society, as well as Assistant U.S. Attorneys J. Michael Marous and Jessica Knight, and Franklin County Assistant Prosecutor Heather Robinson, who are representing the United States in this case.
Seattle Gang Member Sentenced to Nine Years in Prison for Trafficking Guns and DrugsRead the Press Release
A 24-year-old Seattle man who admits being a member of a violent street gang, was sentenced today in U.S. District Court in Seattle to nine years in prison and five years of supervised release, announced U.S. Attorney Annette L. Hayes. DEVONTEA ROSEMON pleaded guilty to four felony charges in November 2016: Conspiracy to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime and two counts of unlawful possession of a firearm. Between January and June 2016, ROSEMON repeatedly sold guns and drugs to a person working with law enforcement. At the sentencing hearing U.S. District Judge Robert S. Lasnik said, “Truly dangerous weapons were being trafficked in a community where a rise in shootings is simply shocking…. There must be consequences for funneling weapons into the hands of people who commit violent crimes.”
“This defendant was a one stop shop for multiple firearms, including high powered assault style weapons,” said U.S. Attorney Annette L. Hayes. “I commend ATF for their ongoing work to identify and stop sources of firearms that end up being used to harm our communities.”
According to records filed in the case, ROSEMON repeatedly sold cocaine from a marijuana dispensary he operated in Seattle and from his car. After a few of the sales, ROSEMON offered to sell a firearm. ROSEMON first sold the person working with law enforcement a .38 caliber pistol. Between March and June 2016, ROSEMON sold the informant several more firearms including a Ruger with an extended clip, a Century Arms rifle, a Smith and Wesson .40 caliber pistol, a Walther PPK .380 caliber pistol, a Canik55 pistol, a Sig Sauer .38 caliber pistol, a Zastava .762 caliber pistol and a Springfield Armory .45 caliber pistol. ROSEMON also sold body armor. When law enforcement searched ROSEMON’s apartment after his arrest, they found a Norinco MAK 90 Sporter 7.62X39mm assault rifle, equipped with a 100-round drum. The weapon was simply stored on the floor of a bedroom closet where ROSEMON’s two nieces (both under the age of 5) could have accessed it.
ROSEMON is prohibited from possessing firearms due to three prior robbery convictions. ROSEMON was arrested in June 2016 following the last of the gun sales.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Seattle Police Department. The case was prosecuted by Assistant United States Attorney Todd Greenberg.
Sarasota Man Sentenced to More Than Five Years for Being A Felon in Possession of A Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Anthony Leroy Haygood (28, Sarasota) to six years and five months in federal prison for being a felon in possession of a firearm and ammunition. The Court also ordered him to forfeit a Smith & Wesson revolver and six rounds of ammunition.
Haygood pleaded guilty on November 10, 2016.
According to court documents, on May 3, 2016, law enforcement officers in Sarasota attempted to conduct a traffic stop on a vehicle that was traveling at a high rate of speed. Haygood was a passenger in that car. The vehicle crashed and the driver fled. Haygood then moved from the passenger seat into the driver’s seat and drove off. After a brief chase, the officers executed an immobilization maneuver and stopped the vehicle. Haygood then fled from the vehicle on foot and was later apprehended. Officers found a loaded Smith & Wesson .357 caliber revolver in the car that Haygood admitted belonged to him.
At the time of this offense, Haygood had several felony convictions, including aggravated fleeing and eluding, being a felon in possession of a firearm, and battery on a law enforcement officer. As a result, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Sarasota Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCray, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law-enforcement officials.
San Ildefonso Pueblo Man Arrested for Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Jordan Roybal, 25, an enrolled member of the San Ildefonso Pueblo who resides in San Felipe Pueblo, N.M., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with assaulting a federal officer.
According to the criminal complaint, Roybal was arrested on Nov. 21, 2016, after he allegedly assaulted a Bureau of Indian Affairs (BIA) officer. The assault allegedly occurred on San Ildefonso Pueblo in Santa Fe County, N.M., when Roybal was allegedly resisting arrest and challenging the officer to a fight. During the assault, which occurred while the officer was arresting Roybal, Roybal bit the officer on the wrist. In addition, the officer sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist.
Roybal remains in federal custody pending a preliminary hearing and a detention hearing, which are currently scheduled for March 6, 2017.
If convicted of the charge in the criminal complaint, Roybal faces a maximum penalty of 20 years in federal prison. Charges in complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. Assistant U.S. Attorney Elisa Dimas is prosecuting the case.
Rochester Man Pleads Guilty to Bank Robbery and Criminal ThreateningRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Eric Rouleau, 37, of Rochester, pled guilty to robbing the Northeast Credit Union in Rochester. Rouleau also pled guilty to mailing a threatening communication to another.
According court records and statements in court, on April 22, 2016, Rouleau, who was identified through surveillance video, entered the Northeast Credit Union and produced a note which demanded, “Money Now and No One Gets Hurt.” The teller gave Rouleau the money in her drawer and Rouleau fled the bank. He later was arrested at a residence in Rochester. After his arrest, Rouleau sent a letter containing death threats to another individual.
Rouleau will be sentenced on June 13, 2017.
This case was investigated by the Rochester Police Department and the Strafford County Sheriff’s Office, with assistant from the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Helen White Fitzgibbon.
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Red Eagle Sentenced to Prison for Shooting Girlfriend with a .270 RifleRead the Press Release
GREAT FALLS - The United States Attorney’s Office announced that on March 2, 2017, before U.S. District Judge Brian M. Morris, Delvin Conrad Chad Red Eagle was sentenced to 158 months of imprisonment, three years of supervised release, and required to pay a special assessment of $100.
Red Eagle shot his girlfriend with a .270 rifle in Poplar, Montana, in January of 2016. Immediately after the shooting, Red Eagle stuck the .270 under his girlfriend, called 911, and claimed that his girlfriend “committed suicide.” Authorities arrived on scene and initially believed Red Eagle’s story. The family of the victim was informed of the alleged suicide.
But local law enforcement and the FBI preserved the scene and continued to investigate for any foul play. In an Offer of Proof filed by Assistant U.S. Attorney Ryan Weldon, an autopsy concluded that due to the measurements of the rifle and the victim’s physical traits, “[I]t would not have been physically possible for the decedent to sustain a self-inflicted, close-range gunshot wound with the rifle recovered from the scene.”
The FBI re-interviewed Red Eagle on March 2, 2016, who finally admitted that he took the gun away from the victim and pointed it at her. Red Eagle then pulled the trigger, claiming he did not expect the firearm to fire a round. The bullet, however, struck the victim in the head and killed her.
At sentencing, the family of the victim explained to the Court that they knew the case was not a suicide, the victim was an integral part of their family, and Red Eagle’s actions had catastrophic consequences. As a result, the Court sentenced Red Eagle to 158 months of imprisonment followed by three years of supervised release.
Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Red Eagle will likely serve all of the time imposed by the Court. In the federal system, Red Eagle does have the opportunity to shorten the term of custody by earning credit for good behavior. However, this reduction will not exceed 15% of the overall sentence.
This case was investigated by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.
Puerto Rico Man Sentenced to 63 Months for Possession of Cocaine with Intent to DistributeRead the Press Release
St. Croix, USVI – District Court Judge Raymond L. Finch, on March 2, 2017, sentenced Gamalier Rohlsen-Arizmendi, 24, of Puerto Rico, to 63 months in prison for possession of cocaine with intent to distribute, United States Attorney Ronald W. Sharpe announced. Judge Finch also sentenced Rohlsen-Arizmendi to three years of supervised release and ordered him to pay a special assessment of $100.
Rohlsen-Arizmendi had pleaded guilty to possession of cocaine with intent to distribute on July 27, 2016. On November 12, 2015, he along with other co-conspirator arrived on St. Croix to retrieve a load of cocaine at sea. Law enforcement agents observed Rohlsen-Arizmendi leave St. Croix by boat on November 13, 2015. At about 1:30 a.m. the next day, law enforcement tracked the same boat returning to St. Croix to Knight’s Bay Beach. Upon arriving there, they located Rohlsen-Arizmendi with two of his co-conspirators in close proximity to four suitcases which contained 87 kilograms of cocaine. All three men were charged as part of a large drug conspiracy involving 15 defendants. Seven of them have entered guilty pleas. The others are scheduled for trial on April 25, 2017.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Alphonso G. Andrews, Jr.
Plant Manager for Willapa Bay Oyster Processor Sentenced for Violating Clean Water ActRead the Press Release
The manager of an Ocean Park, Washington oyster processing company who falsified important tests of the plant’s wastewater discharge and lied to state regulators about those readings was sentenced today in U.S. District Court in Tacoma for a felony violation of the Clean Water Act, announced U.S. Attorney Annette L. Hayes. LONNY HOWARD, 56, was employed as the plant manager of Wiegardt Brothers, Inc. (WBI). HOWARD admitted that, for 12 years, he falsified data to understate the amount of fecal coliform the plant was discharging into Willapa Bay. U.S. District Judge Ronald B. Leighton imposed a sentence of one year of probation.
“Over a dozen years, this defendant consistently falsified readings intended to protect the health and safety of people using and enjoying Willapa Bay,” said U.S. Attorney Annette L. Hayes. “Fecal Coliform contamination can have particularly serious consequences for children, the elderly, and people with compromised immune systems. The felony conviction in this case is an appropriate sanction for this defendant whose callous disregard for his legal obligations harmed the environment we Northwesterners hold dear.”
According to records filed in the case, HOWARD was the General Manager of Wiegardt Brothers between 2002 to 2014. During that period, the company was required to perform monthly tests of the wastewater by taking samples of the wastewater at the point it was discharged into Willapa Bay. HOWARD admitted that instead of doing so, he tested diluted water from source known as “bubbler,” causing the tests to understate the amount of fecal coliform in the wastewater. On some occasions, the level of fecal coliform in the bubbler was still higher than the permit allowed. In those instances, HOWARD falsified the data submitted to the state to make it appear the plant was in compliance. When asked by inspectors whether he was taking tests from the location specified in the permit, HOWARD falsely told the inspectors that he was doing so.
On August 22, 2014, the company reported the violations to the Department of Ecology and has been working with environmental regulators on a remediation plan. Regulators were unable to assess whether the violations resulted in any environmental harm.
The company and its President pleaded guilty to misdemeanor violations of the Clean Water Act in June 2015. Wiegardt Brothers, Inc. agreed to pay a $100,000 fine, make a $75,000 community service payment, implement an EPA approved environmental management system to insure future compliance, and publish a public apology in the Pacific Coast Shellfish Growers Association’s quarterly newsletter. Company President Frederic “Fritz” Weigardt was jointly responsible for payment of the $100,000 criminal fine was required to complete 75 hours of community service.
HOWARD is no longer employed in the food industry or other industry with environmental compliance issues.
The case was investigated by the Environmental Protection Agency Criminal Investigation Division (EPA-CID) and was prosecuted by Assistant United States Attorneys Seth Wilkinson and James Oesterle and Special Assistant United States Attorney Karla Perrin, with assistance from EPA Regional Enforcement Counsel Bradley Roberts.
Personal Care Attendant Pleads Guilty to Making a False Statement as it Relates to a Health Care BenefitRead the Press Release
Charlottesville, VIRGINIA – A personal care attendant, who for four years lied about the amount of hours she worked for a homebound retiree, pled guilty yesterday in the United States District Court for the Western District of Virginia in Charlottesville to federal false statement charges, Acting United States Attorney Rick A. Mountcastle and Virginia Attorney General Mark R. Herring announced.
Valteen Green, 36, of Charlottesville, waived her right to be Indicted and pled guilty yesterday to a one count Information charging her with making a false statement as it related to a health care program. Specifically, she pled guilty to defrauding the Medicaid program, implemented by the Virginia Department of Medical Assistance Services, which allows people to hire a personal care attendant as an alternative to placement in a nursing home.
“The United States Attorney’s Office will aggressively pursue defendants who use vulnerable victims like the elderly to defraud Medicaid and other government programs,” Mountcastle said. “This defendant neglected the needs of an elderly, home-bound victim to satisfy her greed for a few thousand dollars. I commend the members of the Jefferson Area Coalition to End Elder Abuse (JACEEA) and look forward to our continuing strong partnership with that coalition to address the serious problem of elder fraud and elder abuse.”
“Billing while absent is an all too frequent form of fraud that cheats the public and endangers seniors who rely on home care,” said Attorney General Herring. “The strong relationship between my Medicaid Fraud Control Unit, our federal partners, and community partners like JACEEA is what allows us to identify and stop this sort of fraud, and hold people accountable for cheating the system and their patients.”
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Kierstin Fowler, Green served as a personal care attendant for Victim A (a retiree who was primarily confined to his Charlottesville home) from September 2011 and May 2016. During this time, Green provided in-home personal care services to Victim A.
During the time in which Green was employed as Victim A’s home health attendant, she was simultaneously employed at two Charlottesville business. Although she did not have fixed daily work hours at these other two jobs, Green would often work at these locations during times which she reported she was working for Victim A.
Over the course of the investigation, it was determined that between that between October 2012 and May 2016, Green submitted false time sheets claiming she was working for Victim A, when in actuality she was working elsewhere. This fraudulent billing resulted in a total loss to Medicaid in an amount exceeding $6,000.
The investigation of the case was conducted by United States Department of Health and Human Services, Office of Inspector General and the Office of the Virginia Attorney General - Medicaid Fraud Control Unit. Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Kierstin Fowler prosecuted the case for the United States.
Peridot Man Sentenced to Prison for Assault with A Dangerous WeaponRead the Press Release
PHOENIX – Yesterday, Jeremiah Johnson, 26, of Peridot, Ariz., a member of the San Carlos Apache Tribe, was sentenced by U.S. District Judge Diane J. Humetewa to 45 months in prison, followed by three years of supervised release, for assaulting a victim on the San Carlos Indian Reservation. Johnson had previously pleaded guilty to assault with a dangerous weapon.
The evidence showed that in June 2015, Johnson threw a full, 40-ounce bottle of alcohol at the victim, who was holding a child at the time. The bottle hit the child, who suffered serious injury as a result. The victim and child are also members of the San Carlos Apache Tribe.
The investigation in this case was conducted by the Bureau of Indian Affairs. The prosecution was handled by Christine Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-15-01409-PHX-DJH
RELEASE NUMBER: 2017-021_Johnson
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Panama City Man Sentenced to 84 Months in Prison for Federal Child Pornography CrimesRead the Press Release
PANAMA CITY, FLORIDA – Gerald Michael Ward, 31, of Panama City, was sentenced to 84 months in prison and a lifetime of supervised release yesterday after pleading guilty on December 15, 2016, to receipt and distribution of child pornography. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In September 2016, law enforcement officers became aware that child pornography had been posted in an online chat room, which was traced back to Ward. A search of Ward’s e-mail accounts and electronic devices revealed dozens of images and videos of child pornography, including a girl as young as two years old, bound by her wrists and tied to a bed, in addition to the discovery of images of infants being sexually assaulted. Ward also distributed at least 160 images of child pornography online to various others engaged in the trafficking of child pornography.
“Children deserve to be protected from online exploitation, and my office and our law enforcement partners are committed to pursuing child predators who target innocent children,” said United States Attorney Canova.
“Seeing this criminal behind bars is a satisfying outcome for HSI special agents, who work diligently to identify child sexual predators and bring them to justice,” said Susan L. McCormick, special agent in charge of HSI Tampa. “The sexual exploitation of children is a despicable crime and there are serious consequences. HSI remains committed to working with all of our law enforcement partners, as in this case with the Bay County Sheriff’s Office, to aggressively pursue those who victimize the most vulnerable members of our society, our children.”
The case was investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations and the Bay County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Christopher J. Thielemann.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]
Palm Beach County Resident Sentenced to 32 Years in Prison for Producing Child PornographyRead the Press Release
Palm Beach County resident Frank Earle Noyes III was sentenced today to 384 months’ imprisonment by United States District Judge Kenneth A. Marra, after previously pleading guilty to the production of child pornography, in violation of Title, United States Code, Section 2251(a)(e) and enticing a minor to engage in an illegal sexual activity, in violation of Title 18, United States Code, Section 2422(b).
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the court record, Noyes entered into an online chat with a 12-year old minor female who lived in Minnesota. During the chat, Noyes sent the minor child pornographic images that he produced of a 5-year old minor engaged in illegal sexual conduct. Noyes was arrested and law enforcement found additional child pornographic images that he produced on his phone of a 3-year old minor female engaged in illegal sexual conduct. During the chat session with the 12-year old child, Noyes repeatedly enticed her to send him pornographic images of herself.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mr. Ferrer commended the investigative efforts of the FBI, Plymouth Police Department, Minnesota, the FBI Safe Streets Task Force, and the South Florida Minor Vice Task Force. The case is being prosecuted by Assistant U.S. Attorneys Lothrop Morris and Ellen Cohen.
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.
Pair Charged with Manufacturing Child Pornography and Numerous Sex Offenses Against a Minor ChildRead the Press Release
Louis D. Lappen, Acting United States Attorney, announced the unsealing of a Forty-Two count indictment issued against Lawrence Jamieson, 57, of Malvern, PA, and John Brown, 25, of Norristown, PA. The pair was charged yesterday with enticing a minor to engage in illicit sexual conduct, manufacturing child pornography, transferring obscene materials to a minor, distribution of child pornography, receipt of child pornography, and possession of a collection of images and videos of children being sexually abused and in sexually explicit positions on various dates in 2015 and 2016. The charges involve Jamieson and Brown’s sexual abuse of the minor child on multiple occasions over more than 18 months, and their photographing, videotaping, and distributing images and videos of the abuse. Brown is also charged with taking sexually explicit photos of a second victim, an infant girl. Lastly, the indictment also charges Jamieson and Brown with maintaining collections of sexually explicit images of children taken from the Internet.
Defendant Jamieson was transported from Chester County Prison today, where he had been incarcerated on local charges for his sexual abuse of the minor child. His initial appearance was held before the Honorable Elizabeth T. Hey, Magistrate Judge in the Eastern District of Pennsylvania. He was detained in federal custody until Tuesday, March 7, 2017, when Jamieson is listed for arraignment and a detention hearing.
If convicted, both defendants face a maximum sentence of life imprisonment, which includes a 15-year mandatory minimum term of incarceration, and five years up to a lifetime of supervised release. Jamieson also faces a $5,750,000 fine and a mandatory special assessment of $110,100, and Brown faces a $4,750,000 fine and a mandatory special assessment of $90,100.
The case was investigated by the Willistown Police Department, the Chester County District Attorney’s Office Criminal Investigation Division, and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michelle Rotella.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed
innocent unless and until proven guilty.
Pair Charged with Manufacturing Child Pornography and Numerous Sex Offenses Against a Minor ChildRead the Press Release
Louis D. Lappen, Acting United States Attorney, announced the unsealing of a Forty-Two count indictment issued against Lawrence Jamieson, 57, of Malvern, PA, and John Brown, 25, of Norristown, PA. The pair was charged yesterday with enticing a minor to engage in illicit sexual conduct, manufacturing child pornography, transferring obscene materials to a minor, distribution of child pornography, receipt of child pornography, and possession of a collection of images and videos of children being sexually abused and in sexually explicit positions on various dates in 2015 and 2016. The charges involve Jamieson and Brown’s sexual abuse of the minor child on multiple occasions over more than 18 months, and their photographing, videotaping, and distributing images and videos of the abuse. Brown is also charged with taking sexually explicit photos of a second victim, an infant girl. Lastly, the indictment also charges Jamieson and Brown with maintaining collections of sexually explicit images of children taken from the Internet.
Defendants Jamieson and Brown were transported from Chester County Prison where they were incarcerated on local charges for their sexual abuse of the minor child for their initial appearance in Magistrate Court in the Eastern District of Pennsylvania today.
If convicted, both defendants face a maximum sentence of life imprisonment, which includes a 15-year mandatory minimum term of incarceration, and five years up to a lifetime of supervised release. Jamieson also faces a $5,750,000 fine and a mandatory special assessment of $110,100, and Brown faces a $4,750,000 fine and a mandatory special assessment of $90,100.
The case was investigated by the Willistown Police Department, the Chester County District Attorney’s Office Criminal Investigation Division and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michelle Rotella.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Owners of Fine Dining Restaurants Indicted for Obstructing Federal Labor Department Investigation into Failure to Pay Minimum Wages and OvertimeRead the Press Release
SAN JUAN, P.R. - On March 2, 2017, a Federal Grand Jury in the District of Puerto Rico returned an indictment charging José Manuel Abreu-Ramírez and Milagros De los Santos-De Abreu with obstructing a U.S. Department of Labor investigation into their failure to pay minimum wage and overtime to their employees at the restaurants José José and El Catador D’Abreu in violation of the Fair Labor Standards Act of 1938. Both restaurants were owned and operated by the defendants and located in San Juan, Puerto Rico.
The United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez Vélez and Special Agent-in-Charge Michael Mikulka of the U.S. Department of Labor, Office of Inspector General, New York Regional Office made the announcement.
The 25 count Indictment charges Abreu-Ramírez and De los Santos with eight counts of false statements to a federal agency, three counts of wire fraud, eight counts of aggravated identity theft and five counts of tampering with a witness, victim or informant by intimidation, threats, corrupt persuasion or misleading conduct.
The allegations in the indictment indicate that instead of making payment to the employees in the amounts the defendants had agreed to pay pursuant to an investigation conducted by the Wage and Hour Division of the U.S. Department of Labor and the Office of Inspector General of the U.S. Department of Labor, the defendants made their employees endorse checks that had been issued to prove compliance with federal law and then withheld the checks from the employees. Abreu‑Ramírez and De los Santos either cashed or deposited the endorsed checks into their own bank accounts and kept the funds for their own benefit. The amounts Abreu‑Ramírez and De los Santos unlawfully retained from their employees in violation of the Fair Labor Standards Act of 1938 was approximately $23,448.47.
According to the Indictment, on different occasions between April and July, 2014, Abreu‑Ramírez and De los Santos also procured the signature of U.S. Department of Labor forms from 20 employees. In those forms the employees were coerced to falsely represent to the U.S. Department of Labor that they had been paid amounts owed to satisfy minimum wage and overtime payment obligations under federal law. Abreu‑Ramírez delivered those forms and other fraudulent documents in person and through email communications to the Wage and Hour Division of the U.S. Department of Labor knowing that they contained false statements.
The Indictment also alleges that Abreu‑Ramírez and De los Santos forged the signature of an employee in forms and documents submitted to the Wage and Hour Division of the U.S. Department of Labor.
“This Indictment is evidence of our commitment to work closely with our law enforcement partners to enforce U.S. Department of Labor programs and protect workers from unscrupulous employers. We will support federal agencies in their efforts to uphold the workplace protections and wages to which workers are entitled under federal law,” said Rosa E. Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “The United States Attorney’s Office will vigorously prosecute individuals who exploit their employees and attempt to conceal their actions by obstructing investigations into employer compliance with federal law.”
“An important part of the mission of the Office of Inspector General is to investigate alleged obstruction of Department of Labor agencies, including the Wage and Hour Division. We will continue to work with our Department of Labor and law enforcement partners to vigorously investigate these types of allegations,” stated Special Agent-in-Charge Michael Mikulka of the New York Regional office of the U.S Department of Labor, Office of Inspector General.
The investigation was conducted by the United States Department of Labor’s Wage and Hour Division and Office of Inspector General in coordination with the United States Attorney’s Office for the District of Puerto Rico. Assistance has been provided by the United States Marshal Service and the case is being prosecuted by Assistant U.S. Attorney Dennise N. Longo Quiñones of the Financial Fraud and Corruption Unit.
Pursuant to the charges, Abreu- Ramírez and De los Santos face potential penalties of up to five years of imprisonment for making false statements to a federal agency, up to 20 years of imprisonment for conspiracy to commit wire fraud, a mandatory minimum term of two years of imprisonment for aggravated identity theft, and up to a term of imprisonment of 20 years for tampering with a witness. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.
Minden man sentenced to 15 months in prison for role in scheme to sell company propertyRead the Press Release
SHREVEPORT – United States Attorney Stephanie A. Finley announced that a Minden man was sentenced Thursday to 15 months in prison for selling his employer’s equipment and pocketing the money.
Brian C. Campbell, 41, of Minden, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of wire fraud. He was also sentenced to three years of supervised release and ordered to pay $15,800 in restitution. According to the May 19, 2016 guilty plea, Campbell worked in the well tester division of a well construction and testing company’s sub-yard in Minden. From at least February 2015 through July 2015, Campbell sold company property to unsuspecting third parties, including trailers and a pickup truck, without the company’s permission. Campbell conspired with company personnel in Houston to send certificates of title and registration paperwork to his residence. The ownership documents were changed to show Campbell as the owner, and he would either sell the vehicles or keep them for personal use. He kept a portion of the sale proceeds for himself and sent kickbacks to the employee who aided him.
The FBI, Louisiana State Police and Texas Department of Public Safety-Texas Rangers Division conducted the investigation. Supervisory Assistant U.S. Attorney Cytheria D. Jernigan prosecuted the case.
Methamphetamine Distributors Sentenced to Lengthy Federal Prison SentencesRead the Press Release
LUBBOCK, Texas — Two Littlefield, Texas, men, Juan Carlos Lara-Ochoa and Jose Alberto Cibrian, were sentenced this morning before U.S. District Judge Sam R. Cummings for their roles in a methamphetamine distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Lara-Ochoa, 24, was sentenced to 262 months in federal prison. Lara-Ochoa pleaded guilty in November 2016 to one count of possession with intent to distribute 50 grams or more of methamphetamine. Cibrian, 41, was sentenced to 235 months in federal prison. Cibrian also pleaded guilty in November 2016 to one count of possession with intent to distribute methamphetamine.
According to documents filed in court, on June 1, 2016, officers with the Lubbock Police Department learned that Lara-Ochoa would be delivering about two pounds of methamphetamine to Christopher Paul Andrade in Lubbock. Law enforcement set up surveillance and followed Lara-Ochoa from Littlefield, Texas to the La Michoacana grocery on Clovis Highway in Lubbock. Lara-Ochoa parked in the grocery store’s parking lot, and a short time later, Andrade arrived and parked next to him. Andrade got into the front passenger seat of Lara-Ochoa’s vehicle, stayed for less than one minute, and then exited that vehicle, returning to his. Law enforcement followed Andrade as he drove out of the parking lot, and after a brief pursuit, detained Andrade and found approximately 444 grams of methamphetamine that he had attempted to discard during the pursuit.
Andrade pleaded guilty in August 2016 to one count of possession with intent to distribute methamphetamine in a separate case. He was sentenced on December 1, 2016, by Senior U.S. District Judge Sam R. Cummings to 135 months in federal prison.
Law enforcement observed Lara-Ochoa depart the parking lot and return to Littlefield, where they arrested him. They obtained a search warrant for his vehicle and located a hidden compartment under the front passenger’s seat that contained two separate packages of methamphetamine, weighing a total of 2,230 grams. One of those was packaged exactly the same as the methamphetamine Andrade had discarded. Officers also obtained a search warrant for Lara-Ochoa’s storage unit and found an additional 1,782 grams of methamphetamine and five firearms.
On March 4, 2016, officers with the Littlefield Police Department learned of a suspicious vehicle at a nearby RV park. Upon arrival, officers found Jose Alberto Cibrian passed out in the driver’s seat of that vehicle, with the engine running and the gear shift in the drive position. After removing him from the vehicle, officers found a plastic bag containing methamphetamine in the center console, a methamphetamine pipe, a digital scale and a firearm in a bag in the backseat. Cibrian admitted he had recently purchased the methamphetamine and the firearm.
The Lubbock Police Department, the Littlefield Police Department, the Texas Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sean Long prosecuted.
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Meridian Man Sentenced for Black Bear KillingRead the Press Release
Jackson, Miss – Travis Butler, 30, of Meridian, Mississippi, was sentenced on February 28, 2017, to five years’ probation with five months’ home confinement for violating the Endangered Species Act, and for a felony offense of obstructing the federal investigation that eventually led to his arrest, announced U.S. Attorney Gregory K. Davis and U.S. Fish and Wildlife Service Special Agent in Charge Luis Santiago. Butler was also ordered to pay restitution in the amount of $3,333.33.
Also sentenced in the case were David Lucas Wimberly, 37, of Quitman, Mississippi, and Chester Brad Williams, 52, of Toomsuba, Mississippi, for their help in the taking and possession of the bear. Wimberly and Williams were sentenced in July of 2015 to one year of probation, a $1,000 fine, and a prohibition from hunting for one year. Williams was further placed on home confinement for four months.
On January 4, 2014, Butler arranged for a taxidermist in Quitman, Mississippi, to mount a Louisiana Black Bear illegally killed in the Whynot Community of Lauderdale County, Mississippi. Butler and Williams then transported the bear to Wimberly’s Taxidermy in Quitman. Some 32 days later when federal and state wildlife officers began their investigation into the killing, Butler caused Wimberly to conceal the bear’s hide from a federal investigator.
All men pleaded guilty to violating the Endangered Species Act. Butler also pleaded guilty to obstructing the federal investigation into the killing, a felony. The Louisiana Black Blear was a protected species under the Endangered Species Act until March of 2016, when it was delisted.
United States Attorney Gregory K. Davis commended the work of the federal and state wildlife officers for collaborating effectively in solving this senseless killing. "The efforts of the State of Mississippi in repopulating the Louisiana Black Bear to its natural range would have gone unfulfilled but for the listing of the Louisiana Black Bear years ago as a protected species," said Davis. "Because of the protection and the work of these wildlife officers, the people of Mississippi have the opportunity of enjoying one of nature’s most beautiful creatures for generations to come."
U.S. Fish and Wildlife Service Special Agent in Charge Luis Santiago stated: "We take our mission working with the Mississippi Department of Wildlife, Fisheries, and Parks and the citizens of Mississippi in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously. We will continue working vigorously investigating those who choose to violate state and federal laws."
The investigation in this case was conducted by the United States Fish and Wildlife Service and the Mississippi Department of Wildlife, Fisheries and Parks.
Mason City Man Charged with Receipt and Possession of Child PornographyRead the Press Release
Jeffery Landheer, age 46, of Mason City, Iowa, has been charged with one count of receipt of child pornography and six counts of possession of child pornography. The charges are contained in an Indictment unsealed on March 2, 2017, in United States District Court in Cedar Rapids.
The Indictment alleges that, between 2002 and 2016, Landheer received child pornography. The Indictment also alleges that he possessed child pornography on six different devices.
If convicted, Landheer faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 140 years’ imprisonment, a $1,750,000 fine, $25,700 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.
Landheer appeared for a detention hearing today in federal court in Cedar Rapids, and the court ordered his release on bond. Landheer’s next appearance for trial is set for May 1, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Mason City 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 17-3011.
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Maryland Man Sentenced to Life in Prison, Plus 82 Years for Assaulting Five Women at Knifepoint Near Metro StationsRead the Press Release
WASHINGTON - Demetrius Banks, 33, of Riverdale, Md., was sentenced today to life in prison with no possibility of release, plus 82 years, for assaulting five women at knifepoint who were walking home alone from Metro stations. Two of the victims were sexually assaulted.
The sentencing was announced by U.S. Attorney Channing D. Phillips, Peter Newsham, Acting Chief of the Metropolitan Police Department (MPD), and Ron Pavlik, Chief of the Metro Transit Police.
Banks was found guilty by a jury in November 2016 of 23 felony counts, following a four-week trial in the Superior Court of the District of Columbia. Banks was found guilty of three counts of first-degree sexual abuse while armed with aggravating circumstances; one count of attempted first-degree sexual abuse with aggravating circumstances; one count of third-degree sexual abuse with aggravating circumstances; five counts of robbery while armed; four counts of kidnapping while armed; four counts of assault with a dangerous weapon; four counts of threats, and one count of credit card fraud. He was sentenced by the Honorable José M. Lopez.
According to the government’s evidence, the assaults occurred over a one-month period, from July 28 to Aug. 28, 2015, and included this series of attacks:
July 28, 2015: The defendant’s first victim, a 21-year-old cashier, was walking home alone after work, headed from the Fort Totten Metro station at about 10:30 p.m. The victim encountered Banks, a stranger to her, standing in the unit block of Riggs Road NE. As she passed him, he suddenly grabbed her from behind, pressed a knife to her side, and threatened to kill her. He forced her at knifepoint into a dark driveway behind a school. He then raped her and robbed her. The victim was taken to Washington Hospital Center, where she underwent a sexual assault examination, which included collection of forensic evidence.
July 31, 2015: The second victim, a 26-year-old bartender, was walking home from the Fort Totten Metro station at about midnight, in the 800 block of Gallatin Street NE. Banks pretended to be leaving a house on the block, then grabbed the victim from behind and forced her at knifepoint into a dark alleyway, where he robbed her.
Aug. 4, 2015: The third victim, a 26-year-old government employee, was walking home from the Fort Totten Metro station at approximately 10:30 p.m., taking the same route as the first victim. In the unit block of Riggs Road NE - across the street from where the defendant had committed a sexual assault exactly one week earlier - Banks grabbed this victim from behind, threatened her with a knife, and began dragging her by her hair into a nearby wooded area. When a passerby saw the assault and intervened, Banks grabbed the victim’s purse and fled.
Aug. 23, 2015: The fourth victim, a 41-year-old server, was walking home from the Fort Totten Metro station at about 3:30 a.m. when Banks approached her and demanded she give him her property. He was again armed with a knife. This robbery occurred in the 600 block of Gallatin Street NE, a couple of blocks from the July 31, 2015 attack.
Aug. 28, 2015: The fifth victim, a 22-year-old waitress, was walking home from the Brookland Metro station, one stop from the Fort Totten station, at about midnight. Banks pretended to arrive at a house, and when the victim passed him by, he grabbed her from behind and forced her at knifepoint into a dark driveway. In the driveway, he raped and robbed her. The victim was able to escape and ran naked into the middle of the street, where police officers happened to drive by and find her. She was also taken to Washington Hospital Center and underwent a sexual assault examination, which included collection of forensic evidence.
Detectives with the Metropolitan Police Department obtained surveillance footage of the defendant using the fifth victim’s credit card shortly after sexually assaulting and robbing her. This footage was broadcast by the news media, and tips led to the identification of Banks as a suspect. In subsequent forensic testing, the defendant’s DNA was found on evidence collected during the sexual assault examinations of the two victims. The police investigation also uncovered that Banks had used the credit cards of the third and fifth victims at convenience stores shortly after those assaults. In addition, investigation by the Metro Transit Police Department revealed that Banks had been using the Metro cards of both sexual assault victims to travel around the city. When search warrants were executed for the defendant’s home and property with the assistance of the Prince George’s County Police Department, police recovered numerous items of property belonging to the third and fifth victims, as well as victims from unrelated cases. Banks was arrested on Sept. 4, 2015.
In announcing the sentences, U.S. Attorney Phillips, Acting Chief Newsham, and Chief Pavlik commended the work of detectives from the Metropolitan Police Department’s Sexual Assault Unit and Fourth Police District, as well as the Metro Transit Police Department. They also commended those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Patricia A. Riley, Chrisellen Kolb, and Deborah Sines; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Paralegal Specialists Wanda Trice, D’Yvonne Key, Angelina Slagle, Michelle Wicker, Kathryn Hoey, and Benjamin Kagan-Guthrie; Victim/Witness Advocates Lezlie Richardson, Tracey Hawkins, and Veronica Vaughan; Litigation Technology Specialists Leif Hickling and Anisha Bhatia; David Foster, Katina Adams-Washington, and La June Thames, all of the Victim/Witness Assistance Unit; Criminal Investigators Durand Odom and Mark Crawford; Investigative Analysts William Hamann and Sharon Johnson, and Computer Forensic Examiner John Marsh.
Finally, they acknowledged the efforts of Assistant U.S. Attorneys Jason Park and Julianne Johnston, who investigated and prosecuted the case.
Lincoln Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Deborah R. Gilg announced that Frank L. Tonini, 31, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 56 months in prison and ordered to pay $5,000.00 in restitution, by United States District Judge John M. Gerrard, for possessing child pornography. After serving his prison sentence, Tonini will be required to serve 5 years of supervised release and register as a sex offender.
In October of 2015 investigators identified Tonini’s IP address as sharing child pornography and obtained a search warrant for his Lincoln residence. During the execution of the search warrant, Tonini was contacted by investigators and admitted to using his computer to download child pornography. A later forensic exam of his computer revealed at least 200 videos of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Lincoln Police Department and the Nebraska Attorney General’s Office.
Lebanese Man Indicted in Connection with Scheme to Smuggle Guns to LebanonRead the Press Release
Fadi Yassine, age 42, a Lebanese citizen, has been charged in a one-count Indictment filed in the Northern District of Iowa with conspiring to violate the Arms Export Control Act and to ship, transport, and deal firearms without a license.
Yassine was arrested on February 5 in New York City as he entered the United States from Lebanon. Yassine was arrested on a warrant issued in the Northern District of Iowa on a criminal complaint charging him with conspiring to violate the Arms Export Control Act. He made an initial appearance in federal court in Cedar Rapids earlier this week. Yassine has been ordered detained without bond pending trial.
According to allegations contained in the Indictment, Yassine conspired with others, including Ali Herz, to ship guns to Lebanon for resale there. The Indictment alleges that firearms were shipped to Lebanon from Cedar Rapids on about four occasions during 2014 and 2015.
Yassine will be arraigned on the Indictment in federal court in Cedar Rapids, on March 7, 2017 at 2:30 p.m.
As with any criminal case, a charge is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations, the Bureau of Alcohol Tobacco and Firearms, and the Federal Bureau of Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 17-CR-00011.
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Leaders of Houston Heroin Distribution Cell Get Life ImprisonmentRead the Press Release
HOUSTON - Two Mexican nationals who resided in Houston have been ordered to prison for life following their convictions of conspiracy to possess with intent to distribute heroin, announced U.S. Attorney Kenneth Magidson. Pedro Herrara-Alvarado, 39, pleaded guilty May 13, 2016, while his brother - Jose Herrera-Alvarado, 33 – entered his plea Nov. 20, 2015.
Today, U.S. District Judge Melinda Harmon handed Pedro Herrara-Alvarado a sentence of life imprisonment. Jose Herrera-Alvarado received the same sentence in January 2017.
The court found that the brothers ran a large-scale heroin distribution network that spanned more than eight years. During that time, they distributed more than 30 kilograms of heroin to a large number of distributors based throughout Texas to include Houston, Galveston, Dallas and Ft. Worth. Judge Harmon also found the Herrera-Alvarado brothers were leaders of the drug trafficking organization and that both engaged in obstructive conduct by engaging in witness tampering of a co-defendant after their arrest. Further, various members of the organization possessed and used firearms during the course of the drug trafficking. Jose Herrera-Alvarado maintained a residence in Houston that he and his brother used to stash and process heroin.
Six other members of the Herrera-Alvarado drug trafficking organization have been sentenced to date. Demetrio Paz-Rodriguez, 54, of Houston, was also sentenced today to 151 months imprisonment. Judge Harmon previously ordered Henry Ortiz Jr., 53, Aaron Raul Cervantes, 23, Genaro Nunez, 30, all of Houston, to federal prison for 130, 38, and 72 months, respectively, while Marinette Woods, 71, of Galveston, received a 52-month-term of imprisonment. Jaime Telles-Santos, 34, a Mexican national who resided in Houston, was previously ordered to serve a 120-month-term of imprisonment.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Casey N. MacDonald is prosecuting the case.
Lake County Resident Pleads Guilty to Conspiring to Manufacture Marijuana in Rockford WarehouseRead the Press Release
ROCKFORD — A Lake County man pleaded guilty today before U.S. District Judge Frederick J. Kapala for his role in a conspiracy to manufacture and distribute marijuana.
JUSTIN T. PAGLUSCH, 35, of Ingleside, pleaded guilty to conspiracy to manufacture 1,000 or more marijuana plants and to distribute marijuana between November 2014 and Jan. 6, 2015, at a warehouse at 1916 11th St. in Rockford.
Sentencing is set for June 23, 2017, at 2:30 p.m.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent in Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; Derek Bergsten, Chief of the Rockford Fire Department; and Anthony Scarpelli, Chief of the Skokie Police Department. The Winnebago County Sheriff’s Department Narcotics Unit and the Rockford Police Department Narcotics Unit assisted in the investigation.
On Oct. 6, 2015, in a superseding indictment, a federal grand jury in Rockford charged Paglusch and six other individuals with conspiring to manufacture, possess and distribute 1,000 or more marijuana plants. The indictment alleges that between Jan. 2, 2013, and Jan. 6, 2015, the defendants conspired to illegally grow and store marijuana in the warehouse, which was destroyed by fire on Jan. 6, 2015.
According to Paglusch's written plea agreement, in November 2014 Paglusch’s cousin, JEREMIAH N. CLEMENT, 39, formerly of Des Plaines, asked Paglusch to work with others in a marijuana growing operation at the warehouse. When Paglusch arrived at the warehouse in November 2014, over 1,000 marijuana plants growing on the fourth floor were almost ready to be harvested. There was also a smaller room on the fourth floor that housed the baby or "clone" marijuana plants. As stated in the plea agreement, Paglusch and Clement, along with three other co-defendants, started harvesting the crop of finished marijuana plants in December 2014. The harvested marijuana was weighed and packaged into one pound amounts and vacuum sealed. The processed marijuana was stored in a vault at the warehouse and had a combination lock. Paglusch admitted that during the period of the conspiracy, he was aware that Clement kept a .357 Ruger revolver at the warehouse for protection.
On Jan. 6, 2015, while at a hotel in Rockford, Paglusch learned that the warehouse had burned down in the early morning hours.
Clement previously pleaded guilty to the same charge as Paglusch. Clement was sentenced last year to ten years in prison.
Paglusch faces a mandatory minimum sentence of ten years in prison, a maximum sentence of life imprisonment, a maximum fine of $4 million, and a term of supervised release following imprisonment of at least five years and up to life. The sentence will be determined by the United States District Court, guided by the Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Joseph C. Pedersen.
Justice Department Sues Edmonds, Washington Landlords for Discriminating Against Families with ChildrenRead the Press Release
The U.S. Department of Justice today filed a lawsuit in U.S. District Court for the Western District of Washington alleging that the owners and manager of three Edmonds, Washington apartment buildings refused to rent their apartments to families with children, in violation of the Fair Housing Act.
“Equal access to housing is essential for all Americans, including families with young children,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “Particularly in our tight housing market, landlords must follow the law and make units available without discrimination based on race, color, religion, sex, national origin, disability or familial status.”
“The Fair Housing Act prohibits landlords from denying apartments to families just because they have children,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Many families already face challenges finding affordable housing, and they should not also have to deal with unlawful discrimination.”
“Families should have the same opportunity as anyone else to obtain housing, and not have their options limited simply because they have children,” said Fair Housing Director Barbara Lehman of the Department of Housing and Urban Development’s Region X Office. “HUD will continue working to ensure that home seekers are aware of their housing rights and housing providers meet their responsibility to comply with this nation’s fair housing laws.”
Today’s complaint concerns three apartment buildings – located at 201 5th Ave. N., 621 5th Ave. S., and 401 Pine Street in Edmonds – that are managed by defendant Debbie A. Appleby, of Stanwood, Washington. The properties are owned by three Limited Liability Corporations (LLCs) controlled by Appleby – Apple One, LLC, Apple Two, LLC, and Apple Three, LLC—which are also named as defendants in the suit. The complaint alleges that in March 2014, defendant Appleby told a woman seeking an apartment for herself, her husband, and their one-year-old child that the apartment buildings were “adult only” and therefore not available to her family. The complaint also alleges that at various other times from April 2014 to November 2015, defendants advertised their available apartments as being restricted to adults only. The family filed a complaint with the Department of Housing and Urban Development (“HUD”) which conducted an investigation, issued a charge of discrimination against the defendants, and referred the case to the Department of Justice.
The complaint seeks a court order requiring defendants to cease their discriminatory housing practices, damages for the family that filed the HUD complaint and any other families against whom the defendants discriminated against because they had children, and civil penalties. Any individuals who have information relevant to this case are encouraged to contact the Civil Rights Division at 1-800-896-7743, Option 96.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the U. S. Attorney’s Office and the Civil Rights Division and the civil rights laws it enforces is available at https://www.justice.gov/usao-wdwa/civil-rights and www.usdoj.gov/crt. Individuals who believe that they have been victims of housing discrimination may call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777 or through its website at www.hud.gov.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
appleby_complaint_1.pdf
The case is being jointly handled by Trial Attorney Kathryn Legomsky for the Civil Rights Division for the U.S. Department of Justice and Assistant United States Attorney J. Michael Diaz for the Western District of Washington.Justice Department Sues Edmonds, Washington Landlords for Discriminating Against Families with ChildrenRead the Press Release
The U.S. Department of Justice today filed a lawsuit in U.S. District Court for the Western District of Washington alleging that the owners and manager of three Edmonds, Washington apartment buildings refused to rent their apartments to families with children, in violation of the Fair Housing Act.
“The Fair Housing Act prohibits landlords from denying apartments to families just because they have children,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Many families already face challenges finding affordable housing, and they should not also have to deal with unlawful discrimination.”
“Equal access to housing is essential for all Americans, including families with young children,” said U.S. Attorney Annette L. Hayes of the Western District of Washington. “Particularly in our tight housing market, landlords must follow the law and make units available without discrimination based on race, color, religion, sex, national origin, disability or familial status.”
The complaint concerns three apartment buildings – located at 201 5th Ave. N., 621 5th Ave. S., and 401 Pine Street in Edmonds – that are managed by defendant Debbie A. Appleby, of Stanwood, Washington. The properties are owned by three Limited Liability Corporations (LLCs) controlled by Appleby – Apple One, LLC, Apple Two, LLC, and Apple Three, LLC—which are also named as defendants in the suit. The complaint alleges that in March 2014, defendant Appleby told a woman seeking an apartment for herself, her husband, and their one year old child that the apartment buildings were “adult only” and therefore not available to her family. The complaint also alleges that at various other times from April 2014 to November 2015, defendants advertised their available apartments as being restricted to adults only. The family filed a complaint with the Department of Housing and Urban Development (“HUD”) which conducted an investigation, issued a charge of discrimination against the defendants, and referred the case to the Department of Justice.
The complaint seeks a court order requiring defendants to cease their discriminatory housing practices, damages for the family that filed the HUD complaint and any other families against whom the defendants discriminated against because they had children, and civil penalties. Any individuals who have information relevant to this case are encouraged to contact the Civil Rights Division at 1-800-896-7743, Option 96.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt and https://www.justice.gov/usao-wdwa/civil-rights. Individuals who believe that they have been victims of housing discrimination may call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or contact HUD at 1-800-669-9777 or through its website at www.hud.gov.
The case is being jointly handled by the Department’s Civil Rights Division and the U.S. Attorney’s Office for the Western District of Washington.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
Judge Sentences Pittsburgh Man to Probation for Conspiring to Distribute CocaineRead the Press Release
PITTSBURGH – A Pittsburgh resident was sentenced in federal court to 5 years’ probation with one year of home detention on his conviction of conspiracy to distribute cocaine, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence on John Phillips, 36, of Pittsburgh, PA.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, John Phillips was intercepted over the wire conspiring with others to possess with intent to distribute and distribute cocaine, which was shipped from California to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Phillips.
Illegal Alien Cocaine Trafficker Sentenced to PrisonRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that U.S. District Judge Shelly D. Dick sentenced SILVESTRE GUTIERREZ, age 39, of Mexico, to seventy-eight (78) months in federal prison for his role in attempting to transport approximately six (6) kilograms of cocaine through Baton Rouge in a rental vehicle.
On September 7, 2016, GUTIERREZ pled guilty to conspiracy to possess with intent to distribute a detectable amount of cocaine, in violation of Title 21, United States Code, Section 846, and illegal reentry by a previously removed alien, in violation of Title 6, United States Code, Section 1326(a).
The defendant and his co-conspirators were arrested on February 29, 2016 after law enforcement officers found fifteen (15) vaccum sealed packages of cocaine floating the gas tank of their rental vehicle. Further, the defendant had in his possession the receipts for the items used to vaccum seal the cocaine for transporation in the gas tank of the vehicle. It was also uncovered that the defendant was not legally in the United States and had been previously deported on two prior occasions.
This matter was investigated by the U.S. Drug Enforcement Administration with assistance from the Baton Rouge Police Department. The case was prosecuted by Assistant United States Attorney Jessica M.P. Thornhill.
Honduran National Charged with Illegal Use of Social Security NumberRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JAVIER CANIZALEZ-HERNANDEZ, age 39, from Honduras, was charged today in a one-count Indictment with illegal use of a Social Security Number, in violation of 42 U.S.C. '408(a)(7)(B)
According to the Indictment, CANIZALEZ-HERNANDEZ used a Social Security Number that was not assigned to him to obtain a Louisiana Identification card from the DMV office in Houma.
If convicted, CANIZALEZ-HERNANDEZ faces a maximum term of imprisonment of five years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement and Removal Operations in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Hinesburg, Vermont Woman and Brooklyn, New York Man Face Federal Charges for Heroin and Crack Cocaine DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Deshawn Livingston, 41, of Brooklyn, New York and Brandy LaRock, 33, of Hinesburg, Vermont have been charged by criminal complaint with possession of heroin and crack cocaine with the intent to distribute such drugs in the Hinesburg, Vermont area.
According to Court documents, the United States alleges that LaRock allowed a man named “Biggie” to stay at her Hinesburg residence on Hillview Terrace to sell heroin and crack cocaine. “Biggie” was later identified as Deshawn Livingston. On March 2, 2017, the Vermont State Police Drug Task Force executed a search warrant at LaRock’s residence and found approximately 50 bags of heroin. Livingston was arrested at LaRock’s home and the Government alleges that he possessed approximately 60 grams of crack cocaine and 16 grams of heroin.
Both LaRock and Livingston appeared today before United States District Court Geoffrey W. Crawford in Burlington. The Government moved to detain both defendants pending trial. LaRock consented to detention subject to proposing a release plan in a few weeks that would include her participation in a residential drug treatment program. Livingston contested detention and, upon the Government’s request for a three-day continuance, Judge Crawford ordered that his detention hearing be held on March 8, 2017.
The United States Attorney emphasizes that the charges contained in the Complaint are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If either Livingston or LaRock is convicted, each faces a maximum possible term of imprisonment of twenty years.
The United States is represented in this matter by Assistant U.S. Attorney Jon Ophardt. Livingston is represented by David McColgin, Esq. of the Federal Public Defender’s Office and LaRock is represented by Tom Sherrer, Esq. of Burlington. The investigation was conducted by the Vermont State Police Drug Task Force with assistance from the Homeland Security Investigations of the Department of Homeland Security.
Hammond Man Indicted on Drug and Gun ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DEVONTE WEST, age 21, of Hammond, was indicted on one count of possession with intent to distribute a quantity of heroin and one count of possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, on February 20, 2017, WEST and his cousin MAURICE LLOYD, JR. were victims of a shooting in front of WEST’S residence after WEST and LLOYD completed a drug transaction. Lloyd was fatally wounded in the shooting.
A search of WEST’S residence revealed approximately two ounces of heroin, some Roxicodone pills and multiple firearms. Further investigation led to the recovery of additional heroin that WEST attempted to discard prior to the arrival of law enforcement to his residence after the shooting.
For the drug possession count, WEST faces a maximum term of twenty years imprisonment and a fine of $1,000,000. For the gun possession count, WEST faces a minimum term of five years imprisonment to run consecutive to any other sentence imposed.
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration and the Tangipahoa Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Andre’ Jones is in charge of the prosecution.
Former Rocky Hill Resident to Serve Prison Time for Stealing Social Security BenefitsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARYANNE STEPHENS, 69, of Ireland, formerly of Rocky Hill, Conn., was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to three months of imprisonment, followed by one year of supervised release, for stealing Social Security retirement benefits that had been deposited into her deceased mother-in-law’s bank account. Chief Judge Hall also ordered STEPHENS to perform 75 hours of community service while on supervised release, and to pay restitution to the Social Security Administration.
According to court documents and statements made in court, STEPHENS’ mother-in-law began receiving Social Security retirement benefits in 1971. Her mother-in-law died in October 1998. However, approximately $204,000 in Social Security retirement benefits were directly deposited into her mother-in-law’s bank account after her death.
On November 28, 2016, STEPHENS pleaded guilty to one count of theft of public money. In pleading guilty, she admitted that from approximately March 2004 to December 2010, she forged her mother-in-law’s signature on bank checks in order to fraudulently obtain approximately $126,000 in Social Security retirement benefits that were deposited into her mother-in-law’s bank account after her mother-in-law had died. In total, STEPHENS forged her mother-in-law’s signature on 98 bank checks to withdraw the money from the account.
STEPHENS has been released on a $200,000 bond since her arrest on April 20, 2016. She was ordered to report to prison on April 3, 2017.
This matter was investigated by the Social Security Administration Office of Inspector General and was prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
Former Pulaski County Illinois Resident Indicted for Receipt of Child PornographyRead the Press Release
Clint Wade Green, 42, of Paducah, Ky., was indicted on February 23, 2017 on four counts of receipt of child pornography, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. The case is set for trial on April 24, 2017 in Benton, Illinois. Green has been ordered detained pending trial.
The indictment alleges that in October 2015 on four separate occasions, Green knowingly received materials that contained child pornography in violation of Title 18, United States Code, Section 2252A(a)(2)(B). If convicted, Green faces a prison sentence of not less than five years and up to 20 years on each count, a fine of up to $250,000, and up to three years supervised release.
The prosecution is the result of an investigation by the FBI-Marion. The Department of Agriculture Office of Inspector General, the Illinois State Police, and the Paducah Kentucky Police Department also participated in this investigation. The case is being prosecuted by Assistant United States Attorney James G. Piper, Jr.
An indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent unless proven guilty.
Former Arkansas State Senator and Two Others Charged with Bribery and Fraud SchemeRead the Press Release
WASHINGTON – A former Arkansas state senator, a college president and a consultant were charged in an indictment filed for perpetrating a bribery and fraud scheme involving tens of thousands of dollars in bribes provided to the senator and another legislator in exchange for directing approximately $600,000 in government funds to two non-profit entities, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Elser of the Western District of Arkansas.
Jonathan E. Woods, 39, of Springdale, Arkansas, was charged with 11 counts of honest services wire fraud, one count of honest services mail fraud and one count of money laundering. Oren Paris III, 49, also of Springdale, and Randell G. Shelton Jr., 37, of Alma, Arkansas, were each charged with nine counts of honest services wire fraud and one count of honest services mail fraud. The defendants’ arraignments will be scheduled at a later date.
As alleged in the indictment, Woods served as an Arkansas state senator from 2013 to 2017. Between approximately 2013 and approximately 2015, Woods used his official position as a senator to appropriate and direct government money, known as General Improvement Funds (GIF), to two non-profit entities by, among other things, directly authorizing GIF disbursements and advising other Arkansas legislators – including former state representative Micah Neal – to contribute GIF to the non-profits. Specifically, Woods and Neal authorized and directed the Northwest Arkansas Economic Development District, which was responsible for disbursing the GIF, to award a total of approximately $600,000 in GIF money to the two non-profit entities. The indictment further alleges that Woods and Neal received bribes from officials at both non-profits, including Paris, who was the president of a college. The indictment alleges that Woods initially facilitated $200,000 of GIF money to the college and later, together with Neal, directed another $200,000 to the college, all in exchange for kickbacks. To pay and conceal the kickbacks to Woods and Neal, Paris paid a portion of the GIF to Shelton’s consulting company. According to the indictment, Shelton then kept a portion of the money and paid the other portion to Woods and Neal. Paris also bribed Woods, the indictment alleges, by hiring Woods’s friend to an administrative position at the college.
For his part in the scheme, Neal pleaded guilty on Jan. 4, 2017, before U.S. District Judge Timothy L. Brooks of the Western District of Arkansas to one count of conspiracy to commit honest services fraud. Sentencing will be scheduled at a later date.
The charges and allegations contained in an indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI and the Internal Revenue Service investigated the case. Trial Attorney Sean Mulryne of the Criminal Division’s Public Integrity Section and U.S. Attorney Elser and Assistant U.S. Attorneys Kyra Jenner and Ben Wulff of the Western District of Arkansas are prosecuting the case.
Any information regarding public corruption can be provided to the FBI in Little Rock through their public corruption hotline, which is 501-221-8200.
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17-236
Florida Man Arrested for Forcing a San Diego Company’s Website Off-LineRead the Press Release
Assistant U. S. Attorney Alexandra Foster (619) 546-6735
NEWS RELEASE SUMMARY – March 3, 2017
SAN DIEGO – A Florida man was arrested this morning on charges that he intentionally shut down a San Diego software company’s website and refused to restore it until the business paid him money.
Gerard “Jerry” M. McTear III was taken into custody in Ft. Myers, Florida this morning. In an indictment unsealed today, McTear was charged with threatening to damage and intentionally damaging computers. These computers hosted the San Diego software company’s website.
Specifically, on June 6, 2016, the defendant used the internet to shut down the software company’s website. He sought to extort cryptocurrency from the company in return for allowing the website to resume functioning. The company refused to pay the proffered bribe, and lost over $5,000 in business as they worked to get their website back on-line.
The defendant was arraigned today in the United States District Court for the Fort Myers Division, Middle District of Florida. The United States will seek his removal to the Southern District of California to face charges here.
“This kind of sabotage can be devastating for companies,” said Acting U.S. Attorney Alana W. Robinson. “We are prepared to go after every type of criminal, even if we have to chase him or her through cyberspace to safeguard businesses.”
“The FBI has the expertise and resources to investigate denial of service and other evolving cyber crimes,” said Eric S. Birnbaum, Special Agent in charge of the FBI’s San Diego Field Office. “This case is an example of the trend we continue to see involving traditional crimes migrating to cyberspace. The FBI will continue to educate and work with the business community to combat this growing crime trend.”
These type of cyber attacks have recently become widespread and cyber agents with the FBI are investigating similar cases. The FBI encourages businesses that have been victimized to ignore ransom demands in order to avoid appearing vulnerable and to avoid being targeted again for a higher amount. Anyone who feels they have been a victim of a cyber crime involving extortion or denial of service attacks is encouraged to contact their local FBI or to file a complaint through the Internet Crime Complaint Center at www.ic3.gov.
DEFENDANT Case Number: 17-CR-0501-JAH
Gerard “Jerry” M. McTear, III Age:29 Ft. Myers, FL
SUMMARY OF CHARGES
Count 1 – Fraud in Connection with Computers, in violation of 18 U.S.C. §§ 1030(a)(5)(A) and 1030(c)(4)(B)(i)
Maximum Penalty: 10 years and $250,000 fine
Count 2 – Threat to Damage a Computer, in violation of 18 U.S.C. §§ 1030(a)(7)(A) and 1030(c)(3)(A)
Maximum Penalty: 5 years and $250,000 fine
Count 3 - Threat to Injure Property Through Interstate Communications, in violation of 18 U.S.C. § 875(d)
Maximum Penalty: 2 years and $250,000 fine
AGENCY
Federal Bureau of Investigation: San Diego Division and Tampa Division - Fort Myers Resident Agency; Lee County Sheriff's Office; Fort Myers Police Department; and Cape Coral Police Department
*The charges and allegations contained in an indictment are merely accusations. Defendants are considered innocent unless and until proven guilty.
Federal Judge Sentences Lincolnton Man to More Than Nine Years on Child Pornography ChargesRead the Press Release
CHARLOTTE, N.C. – On Thursday, March 2, 2017, Chief U.S. District Judge Frank D. Whitney sentenced a Lincolnton, N.C. man to 112 months in prison on child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Daniel Lee Rathbone, 38, was also ordered to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina and Chief Robert C. Helton of the Gastonia Police Department join U.S. Attorney Rose in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, in or about June 3, 2015, law enforcement became aware that Rathbone was using an online peer-to-peer network to download child pornography. In August 2015, law enforcement executed a search warrant at Rathbone’s residence and recovered a desktop computer. A forensic analysis of Rathbone’s device revealed that he possessed 181 images and 261 videos of child pornography, some of which depicted prepubescent minors engaging in sadistic and masochistic conduct. Some of the images and videos contained identified victims of 38 different series of child pornography. Rathbone also has a previous state conviction for taking indecent liberties with a child.
Rathbone pleaded guilty in October 2016 to one count of receipt of child pornography. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was led by the FBI and the Gastonia Police Department. The U.S. Attorney’s Office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Dallas Man Sentenced to 324 Months for Role in Violent Kidnapping Attempt, Shooting at Ennis Police Officer During High Speed PursuitRead the Press Release
DALLAS — Jose Cardenas Aguirre, 25, of Dallas, was sentenced yesterday by U.S. District Judge Jane J. Boyle to 324 months in federal prison, following his guilty plea in October 2016 to one count of conspiracy to commit kidnapping, announced U.S. Attorney John Parker of the Northern District of Texas.
Aguirre is a Mexican citizen and was in the United States illegally at the time of the offense. Aguirre will be deported after serving his sentence.
Co-defendants Melissa Trevino, 23, Javier Martinez, 24, Maria Guadalupe Bello, 22, and Indolfo Martinez, 47, who is Javier Martinez’s father, have pleaded guilty to their roles in the kidnapping, cocaine and heroin distribution, and/or firearm offenses in a case related to the attempted kidnapping of an individual because of an unpaid drug debt and are awaiting sentencing.
One remaining defendant charged in the case, Jonathan Benitez, remains a fugitive.
According to plea documents filed in the case, on July 12, 2016, Javier Martinez, along with co-defendants Jose Cardenas Aguirre and Melissa Trevino, planned to kidnap another individual because of an $800 unpaid drug debt involving cocaine. Prior to the planned kidnapping, Javier Martinez and Aguirre purchased rubber gloves, zip ties, and duct tape from Walmart. They wore ballistic vests and black camouflage clothing. In the attempt to kidnap the victim, Martinez and Cardenas Aguirre filed numerous shot into a home in Ennis. The kidnapping was ultimately unsuccessful, and as Javier Martinez, Aguirre, and Trevino fled the scene, they were engaged in a high-speed chase with officers with the Ennis Police Department. During this pursuit, Javier Martinez, using an AR-15 style rifle, fired numerous shots at a police officer. After their car was disabled, Martinez, Cardenas-Aguirre, and Trevino fled from police on foot. Cardenas Aguirre and Trevino were arrested following an eight-hour search. Martinez was apprehended several weeks later.
The case was investigated by the Ennis Police Department and the FBI’s Violent Gang Taskforce. Assistant U.S. Attorney P.J. Meitl prosecuted.
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Cyberstalking Charge Brought in Manhattan Federal Court Against Missouri Man for A Pattern of Harrassment Involving Threats to Jewish Community CentersRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”) and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a complaint charging JUAN THOMPSON with cyberstalking a particular woman (“Victim-1”), by, among other things, communicating threats to Jewish Community Centers (“JCCs”) in Victim-1’s name. THOMPSON was arrested in St. Louis, Missouri, this morning and is expected to be presented there later today.
U.S. Attorney Preet Bharara said: “Everyone deserves to be free from fear and discrimination based on religion, race, or ethnicity; that is fundamental to who we are as a nation. Together with the FBI and the NYPD, we have been investigating the recent threats made on Jewish Community Centers in New York and around the country. Today, we have charged Juan Thompson with allegedly stalking a former romantic interest by, among other things, making bomb threats in her name to Jewish Community Centers and to the Anti-Defamation League. Threats of violence targeting people and places based on religion or race – whatever the motivation – are unacceptable, un-American, and criminal. We are committed to pursuing and prosecuting those who foment fear and hate through such criminal threats.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Thompson’s alleged pattern of harassment not only involved the defamation of his female victim, but his threats intimidated an entire community. The FBI and our partners take these crimes seriously. I would also like to thank the NYPD and the New York State Police, who continue to work shoulder to shoulder with us as we investigate and track down every single threat and work together to achieve justice for our communities that have been victimized by these threats.”
Police Commissioner James P. O’Neill said: “We will continue to pursue those who peddle fear, making false claims about serious crimes. As alleged, the defendant caused havoc, expending hundreds of hours of police and law enforcement resources to respond to and investigate these threats. I’m grateful for the collaboration between the NYPD detectives, FBI agents, and prosecutors whose cross-country investigation led to this morning’s arrest.”
According to the allegations in the Complaint unsealed today in Manhattan federal court[1]:
In recent months, the FBI and this Office have been investigating a series of threats across the country principally targeting JCCs, schools, and other organizations that provide service to and on behalf of the Jewish community (the “JCC Threats”). Based on the investigation, THOMPSON appears to have made at least eight of the JCC Threats as part of a sustained campaign to harass and intimidate Victim-1. THOMPSON’s harassment of Victim-1 appears to have begun shortly after their romantic relationship ended and to have included, among other things, defamatory emails and faxes to Victim-1’s employer, false reports of criminal activity by Victim-1, and JCC Threats in Victim-1’s name.
In July 2016, an email was sent to Victim-1’s employer that made false allegations about Victim-1, including that she had broken the law, using an internet protocol (“IP”) address that THOMPSON had previously used to access his social media account. On October 15, 2016, an IP address that traced back to THOMPSON’s residence was used to report falsely that Victim-1 possessed child pornography. When confronted by law enforcement on November 22, 2016, THOMPSON claimed that his email account had been hacked a few weeks earlier.
In January and February 2017, THOMPSON appears to have made at least eight JCC Threats as part of his campaign of harassment against Victim-1. For instance, on or about February 21, 2017, the Anti-Defamation League (“ADL”) received an emailed threat at their midtown Manhattan office, which indicated that “[Victim-1’s name and birthdate] is behind the bomb threats against jews. She lives in nyc and is making more bomb threats tomorrow.” The next day, the ADL received a phone call claiming that explosive material had been placed in the ADL’s midtown Manhattan office.
Some of THOMPSON’s JCC Threats appear to have been made in his own name, as part of an effort to claim that Victim-1 was trying to frame THOMPSON for a crime. For instance, on or about February 7, 2017, a JCC in Manhattan received an emailed bomb threat from an anonymous email account, which stated: “Juan Thompson [THOMPSON’s birthday] put two bombs in the office of the Jewish center today. He wants to create Jewish newtown tomorrow.” The email’s use of the phrase “Jewish newtown” appeared to refer to a December 2012 school shooting in Newtown, Connecticut, in which a gunman murdered 26 victims, including 20 children.
In February 2017, a Twitter account that appears to be used by THOMPSON (the “Thompson Twitter Account”) was used to accuse Victim-1 of responsibility for the JCC Threats and claim that Victim-1 was trying to frame THOMPSON for her crimes. For instance, on February 24, 2017, the Thompson Twitter Account posted: “[s]he [Victim-1], though I can’t prove it, even sent a bomb threat in my name to a Jewish center, which was odd given her antisemitic statements. I got a visit from the FBI. So now I’m battling the racist FBI and this vile, evil, racist white woman.” On February 26, 2017, the Thompson Twitter Account posted “The hatred of Jews goes across all demos. Ask NYC’s [Victim-1’s employer]. They employ a filthy anti-Semite in [Victim-1]. These ppl are evil.”
* * *
THOMPSON, 31, of Saint Louis, Missouri, is charged with one count of cyberstalking, which carries a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Bharara praised the outstanding investigative work of the FBI and the New York City Police Department, as well as the United States Secret Service, the St. Louis Police Department, the U.S. Attorney’s Office for the Eastern District of Missouri, and the Computer Crime and Intellectual Property Section of the United States Department of Justice for their ongoing investigative assistance. This investigation, as well as investigations into the other threats made to the Jewish community organizations in New York City are ongoing.
The prosecution is being handled by the Office’s Terrorism & International Narcotics Unit and the General Crimes Unit. Assistant U.S. Attorney Jacob Warren is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Chico Man Sentenced to 10 Years in Prison for Transportation of Child PornographyRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Garland E. Burrell Jr. sentenced Mark McLeod Wygant, 46, of Chico, today to 10 years in prison for transportation of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, from early 2011 to early 2012, Wygant surreptitiously filmed a child on numerous occasions using a hidden cellphone and hidden “spy cameras” that he had purchased for that purpose. He then transported those videos and photos from a location in Butte County to South Lake Tahoe, where he worked at the time as a South Lake Tahoe Fire Department captain. The charges do not relate to any conduct committed during the course of his interaction with the public during his job duties. Wygant has been in custody since his arrest on January 29, 2015.
This case was the product of an investigation by the Federal Bureau of Investigation and the South Lake Tahoe Police Department. Assistant U.S. Attorney Matthew G. Morris prosecuted the case.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Centerville Man Sentenced for Firearm and Heroin OffensesRead the Press Release
Reginald J. Coleman, 26, of Centreville, Illinois was sentenced on March 3, 2017 to 46 months of imprisonment for possession with intent to distribute heroin and for being a felon in possession of a firearm, Donald S. Boyce, U.S. Attorney for the Southern District of Illinois, announced today.
Coleman pled guilty to the two federal charges on September 30, 2016. At his change of plea hearing in September, Coleman admitted that he had possessed heroin packaged for sale, and three firearms, at his mother’s Centreville residence on October 14, 2015. Coleman was arrested during the course of a state "parole compliance check." He has been continuously confined on state and federal charges since his arrest in October, 2015.
The investigation which resulted in Coleman’s arrest and conviction was conducted by the federal Bureau of Alcohol and Firearms and by the St. Clair County Probation Office. The case was prosecuted by Assistant United States Attorney Robert L. Garrison.
Buffalo Man Pleads Guilty to Possession of Child PornographyRead 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 Joshua Butler, 42, of Buffalo, NY, pleaded guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on April 13, 2016, Butler was convicted in state court of one count of promoting a sexual performance by a child, and subsequently sentenced to 10 years probation. On July 19, 2016, an Erie County Probation Officer searched Butler’s residence and recovered two cellular phones with internet capabilities, which Butler was prohibited from having. A forensic examination determined that one phone contained over 300 images of child pornography, some of which depicted children under the age of 12, as well as images of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for June 13, 2017 before Judge Vilardo.
Bronx Man Convicted in Manhattan Federal Court of 2013 Double Murder of Two CousinsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that ORANE NELSON, a/k/a “Amaze,” 28, was convicted today of murdering Jennifer Rivera and Jason Rivera on January 16, 2013, in the Bronx, in connection with a dispute over a drug debt, as well as narcotics conspiracy and firearms possession charges. At the time of their murders, Jennifer Rivera was 20 and Jason Rivera was 30. The jury convicted NELSON on all four counts in the controlling indictment following a two-week trial before U.S. District Judge Denise L. Cote.
U.S. Attorney Preet Bharara stated: “Orane Nelson executed two people in cold blood over a drug debt. He killed Jason Rivera over a drug debt, and Jennifer Rivera – a 20-year-old college student who had nothing to do with that drug debt – just because she was there. Today’s unanimous jury verdict finding Nelson guilty on all counts ensures Nelson will be held to account for his violent and callous crimes.”
According to court papers and evidence admitted at trial:
From 2011 to 2013, ORANE NELSON, a/k/a “Amaze,” was a crack dealer in the Bronx who also carried guns to protect his drug business. In January 2013, NELSON had a dispute with Jason Rivera over a drug debt owed by NELSON. Following the dispute, NELSON decided to murder Jason Rivera, and lured Jason Rivera out to a location in the Bronx with the promise of money to be paid for the debt owed. Jason Rivera brought along his 20-year-old cousin, Jennifer Rivera, who was not involved in any drug trafficking activities, to pick up the money promised by NELSON. Shortly after midnight, NELSON and an accomplice entered Jason Rivera’s vehicle, and minutes later executed both Jason Rivera and Jennifer Rivera by shooting them each in the head at close range. Jennifer was killed because she was a witness to the murder of Jason Rivera.
For these activities, NELSON was convicted of one count of conspiracy to distribute narcotics, which carries a mandatory minimum sentence of 10 years in prison and a maximum of life, one count of possession of firearms in furtherance of a narcotics conspiracy, which carries a mandatory minimum sentence of five years in prison and a maximum of life, to be served consecutively, and two counts of causing the death of another through use of a firearm, each of which carries a mandatory minimum sentence of 25 years in prison and a maximum of life, to be served consecutively. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
NELSON is scheduled to be sentenced on June 23, 2017, before Judge Cote.
U.S. Attorney Bharara praised the FBI and the NYPD for their outstanding work in this investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Jared Lenow and Jessica Feinstein are in charge of the prosecution.
Bridgeport Man Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BRANDON WILLIAMS, also known as “14K,” 35, of Bridgeport, pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of sex trafficking of a minor.
According to court documents and statements made in court, in July and August 2015, WILLIAMS caused a minor female, who he knew was under the age of 18, to engage in commercial sex acts. The minor victim’s sexual services were advertised on the internet websites Backpage and Cityvibe, and WILLIAMS rented hotel rooms in which he and the minor victim stayed.
The charge of sex trafficking of a minor carries a maximum term of imprisonment of life. A sentencing date is not yet scheduled.
WILLIAMS has been detained since his arrest on related state charges on August 26, 2015.
This matter is being investigated by the Federal Bureau of Investigation and Homeland Security Investigations, with the assistance of the Bridgeport Police Department. The case is being prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and David E. Novick.
Bogalusa man pleads guilty to cocaine distributionRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that a Bogalusa man pleaded guilty Wednesday to possession with intent to distribute cocaine.
Craig Antwon Jefferson, 30, of Bogalusa, La., pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of possession with intent to distribute a controlled substance. The plea will become final when accepted by U.S. District Judge Patricia Minaldi. According to the guilty plea, law enforcement officers pulled over Jefferson’s vehicle April 14, 2016 on Interstate 10 in Calcasieu Parish for a traffic violation. An officer searched the vehicle and found 6.5 pounds of cocaine and 6 grams of marijuana in a backpack.
Jefferson faces 10 years to life in prison, eight years of supervised release and a $8 million fine. The court set a sentencing date of May 22, 2017.
Homeland Security Investigations and the Calcasieu Parish Combined Anti-Drug Task Force conducted the investigation. Assistant U.S. Attorney Robert F. Moore is prosecuting the case.
Biller for Medical Equipment Provider Sentenced to Four Years in Federal Prison for Health Care Fraud, Aggravated Identity Theft and Defrauding the IRS by Failing to File Tax ReturnsRead the Press Release
Baltimore, Maryland – U.S. District Judge Marvin J. Garbis sentenced Elma Myles, age 52, on March 2, 2017, to four years in prison, in connection with her role in a health care fraud scheme, aggravated identity theft, and conspiracy to defraud the United States for failing to file income tax returns. Judge Garbis also ordered Myles to pay restitution of $1,207,585.38 to Medicaid.
The sentencing was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office and Chief Terrence B. Sheridan of the Baltimore County Police Department.
According to Myles’ plea agreement, she worked as a biller at RX Resources and Solutions (RXRS), a durable medical equipment located in Randallstown, Maryland. Myles conspired with Harry Crawford, the owner of RXRS, and others causing RXRS to bill for adult incontinent supplies (diapers) that were never provided, overcharge for supplies actually delivered, and bill for supplies that were unneeded and had not been prescribed by a physician.
At her plea hearing, Myles admitted that she worked closely with Crawford and both were the managers/supervisors of all business activities at RXRS. Myles and Crawford lived together and were once domestic partners. Myles used the personal identity information of clients to submit fraudulent claims to Medicaid and other health care benefits programs for incontinent supplies that were not delivered to the beneficiary and delivered medical supplies to beneficiaries who did not need the supplies and whose physicians had not prescribed the supplies, even after the beneficiaries reported that they did not want or need the supplies.
On February 4, 2014, federal agents executed a search warrant at RXRS and Myles and Crawford’s home. Agents recovered almost $60,000 in cash from a clothes bin beside the bed in Crawford’s room. In addition, Myles had made a makeshift closet containing tens of thousands of dollars’ worth of clothing and designer shoes, including apparel for her then three-year-old granddaughter who competed in beauty pageants. Evidence offered at the sentencing reflected expenditures of more than $167,000 at luxury retailers to include Gucci, Michael Kors and Nieman Marcus. Agents also recovered boxes of patient files from the house.An analysis of RXRS billing of Medicaid from 2007 through 2014 establishes that the loss to Medicaid just for incontinent supplies billed but not provided is approximately $1.2 million. A review of bank records shows that Myles and Crawford used the proceeds of the fraud directly for the accounts of RXRS, using a significant portion of the proceeds for their personal benefit, including clothing, personal cars, mortgage payments, payments to Myles’ daughter and to a business entity set up for the benefit of Myles’ daughter, to a private school for their granddaughter, personal travel, restaurants, and hosting social events.
The IRS determined that Myles owes $40,194.36 in federal taxes and $13,000 for state taxes for tax years 2010 through 2013 as a result of the conspiracy to defraud the United States by not reporting or paying taxes on the proceeds of the fraud. Judge Garbis ordered Myles to pay restitution in those amounts.
Harry Crawford, age 56, of Baltimore, Maryland, pleaded guilty to collection of a debt by extortionate means from victim David Wutoh; to health care fraud conspiracy; and to conspiracy to defraud the United States. Judge Garbis scheduled sentencing for Crawford on March 28, 2016, at 11:30 a.m. Crawford is released under the supervision of U.S. Pretrial Services.
Co-defendant Matthew Hightower, age 34, also of Baltimore, was convicted of extortion and the murder of David Wutoh on September 22, 2016, after a seven-day trial and sentenced to 380 months in prison. Health care fraud charges remain pending and a trial date has not been set.
United States Attorney Rod J. Rosenstein commended the HHS-OIG, IRS-CI, and Baltimore County Police Department for their work in the investigation, and thanked the Maryland Attorney General’s Office Medicaid Fraud Control Unit for its assistance. Mr. Rosenstein thanked Assistant U.S. Attorneys Aaron S.J. Zelinsky, Judson T. Mihok and Sandra Wilkinson, who are prosecuting the case.
Berkeley County man admits to lying to a federal agentRead the Press Release
MARTINSBURG, WEST VIRGINIA – James Eldon Osborne, 22, of Inwood, West Virginia, was convicted today in federal court for making a false statement, Acting United States Attorney Betsy Steinfeld Jividen announced.
Osborne admitted he lied to an agent with the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives during questioning about the sale of a firearm in Berkeley County, West Virginia in March 2016.
Osborne pled guilty to one count of “Making a False Statement.” He faces up to five years in prison and a fine up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.U.S. Magistrate Judge Robert W. Trumble presided.
$6 million DOD Fraud, $1 million paid in illegal gratuities, 5 charged with tax violationsRead the Press Release
PITTSBURGH – Acting United States Attorney Soo C. Song announced today that five Informations have been filed in federal court in Pittsburgh charging three local residents and two residents of the greater Detroit area with crimes ofmajor fraud against the U.S. Department of Defense, tax violations and illegal gratuities.
Thomas G. Buckner, 65, of Gibsonia, Pennsylvania, and his brother, John P. Buckner, 67, of Lyndora, Pennsylvania, were each named in three count Informations charging them in one count with defrauding U.S. Army Tank-Automotive and Armaments Command (TACOM), and two counts of income tax evasion.
According to the Informations filed with the court, the Buckner brothers were 50/50 owners of Ibis Tek, LLC (hereinafter Ibis Tek). Ibis Tek’s main office was located at 912 Pittsburgh Street, Butler, Pennsylvania 16002, and it had an office at Ibis Tek Victory Road facility, 220 South Noah Drive, Saxonburg, PA 16056. Ibis Tek manufactured both military and commercial products but specialized in the development of transparent armor and accessory products for tactical and military combat vehicles. Ibis Tek itself was not charged with any violations.
TACOM, located in Warren, Michigan, was responsible for letting and overseeing contracts on behalf of the U.S. Department of Defense, including contracts concerning High Mobility Multipurpose Wheeled Vehicle (hereinafter Humvees). Ibis Tek had a subcontract to produce Vehicle Emergency Escape Window (VEE Window) Kits for Humvees. The Buckners inflated Ibis Tek’s costs to manufacture the VEE Window kits by creating Alloy America, LLC, (Alloy) a company that the Buckners controlled, by using Alloy to purchase the frames in China for $20 per frame, and by using false invoices from Alloy to make it appear that Ibis Tek paid $70 per frame. In addition, the Buckners sold scrap aluminum collected in the manufacturing process but failed to credit that money to TACOM. The losses to TACOM were $6,085,709.
Both Buckner brothers were charged with income tax evasion for 2009 and 2010 for not reporting the cash from sales of scrap aluminum, and for taking unallowable business deductions described below.
Harry H. Kramer, 52, of Wexford, Pennsylvania, was named in a three count Information charging him in Count One for his role as CFO of Ibis Tek in the above described major fraud against TACOM. Counts Two and Three charge him with filing false returns for Ibis Tek for 2009 and 2010.
David S. Buckner, of Warren, Michigan, (no relation to Thomas or John Buckner) was named in a one count information charging him with impeding the IRS by acting as a financial intermediary who received and then paid out money to Anthony Shaw, for the purpose of concealing that the monies were income of Shaw, concealing the true source of the monies, and concealing the purpose for the monies. David Buckner owned D & B Cycle Parts and Accessories.
Anthony A. Shaw, 55, of Rochester Hills, Michigan, was named in a five count Information. Shaw, then a civilian employee at TACOM, was a Deputy Project Manager responsible for directing development of and managing government contracts for combat vehicle systems such as Humvees. Shaw is charged in Counts One and Two with demanding and receiving a total of $1,055,500 of illegal gratuities paid by checks and wire transfers by Thomas Buckner to and through D & B Cycle Parts and Accessories for Shaw. Counts Three and Four charge Shaw with income tax evasion for 2009 and 2010 for not reporting payments from Thomas and John Buckner totaling in excess of $1,000,000. In Count Five Shaw is charged with making false statements when he denied that he had socialized with Thomas Buckner and John Buckner, and denied that he had traveled in a car, boat and an airplane owned by Thomas Buckner or John Buckner.
For Thomas and John Buckner, the law provides for a maximum total sentence of 20 years in prison, a fine of $1,500,000, or both. For Kramer, the law provides for a maximum total sentence of 16 years in prison, a fine of $1,500,000, or both. For David Buckner, the law provides for a maximum total sentence of 3 years in prison, a fine of $250,000, or both. For Shaw, the law provides for a maximum total sentence of 19 years in prison, a fine of $1,250,000, 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 United States Attorney Nelson P. Cohen is prosecuting this case on behalf of the government.
Special Agents of the Department of Defense, Defense Criminal Investigation Service, the Internal Revenue Service, Criminal Investigation, and the U.S. Army Criminal Investigation Division conducted the investigation leading to the filing of charges in this case.
A criminal Information is an accusation.
A defendant is presumed innocent unless and until proven guilty. The filing of an Information generally indicates that the defendant intends to enter a guilty plea.
2 March 2017
Wounded Knee Woman Sentenced for Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, woman convicted of Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily Injury was sentenced on February 27, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
As to the charge of Assault with the Intent to Commit Murder, Phyllis Lucero, age 48, was sentenced to 20 years in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the charge of Assault Resulting in Serious Bodily Injury, Lucero was sentenced to 10 years in custody, 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The sentences were ordered to be served concurrently.
The conviction stems from Lucero, Daniel Hess, a/k/a Jason Hess, and Seth Hernandez, driving to a 73-year-old woman’s home on the evening of October 17, 2015, and breaking in with the intent to assault two victims and steal property, mainly cash. The three defendants wore masks covering their faces in order to disguise their appearances. Once the three masked individuals gained entrance to the home, the two male defendants assaulted and strangled the adult male victim until he was unconscious.
Lucero assaulted the 73-year-old female victim with her hands, feet and a dangerous weapon. As the elderly woman was lying in a pool of blood, the defendants went in and out of the home, removing personal property and loading it into the victim’s brand new pickup truck. Thinking the woman was dead, Lucero, Hess, and Hernandez fled the residence in the victim’s truck. Hess drove Lucero and Hernandez to separate locations within the Pine Ridge Reservation before returning to the victims’ home. When Hess returned a second time, he removed additional personal property and bound the male victim’s ankles with an electrical cord and his hands with duct tape. Hess also bound the elderly woman’s hands and ankles with duct tape.
Upon being transported to the Rapid City Regional Hospital and admitted to the Intensive Care Unit, both victims were found to have extensive bruising and lacerations to their heads, bleeding on their brains, and rib fractures. The elderly woman had several lacerations to her face and head, which required 17 staples to secure.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Ben Patterson prosecuted the case.
Lucero was immediately turned over to the custody of the U.S. Marshals Service.