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2 March 2017
Waterbury Man Pleads Guilty to Enticing Minors to Engage in Sexual Activity on SkypeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOHN EASTMAN, 49, of Waterbury, pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of enticing minors to engage in sexually explicit conduct during online video chats.
According to court documents and statements made in court, between June and November 2012, EASTMAN engaged in video chats with minors over the internet using his computer and online video chatting services such as Skype. During these video chats, EASTMAN enticed the minors to engage in sexually explicit conduct, which EASTMAN recorded and/or photographed and then saved on his computer. In order to deceive and entice the minors, EASTMAN posed as famous singers and musicians that are popular to teenagers.
In pleading guilty, EASTMAN admitted that on approximately November 6, 2012, he used the screen name justin.bieber727 to communicate via Skype with a female who was under the age of 18. During the video chat, EASTMAN asked the minor to expose herself and pose in a sexually explicit manner. EASTMAN then saved on his computer a still image of the female exposing herself.
Judge Shea scheduled sentencing for May 25, 2017, at which time EASTMAN faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
EASTMAN has been detained since his arrest on related state charges in May 2013.
This matter is being investigated by Homeland Security Investigations and the Waterbury Police Department. The case is being prosecuted by Assistant U.S. Attorneys Neeraj N. Patel and Anastasia E. King.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Warrenton Man Pleads Guilty to Possession of an Unregistered FirearmRead the Press Release
ALEXANDRIA, Va. – Seth Shaver, 26, of Warrenton, pleaded guilty today to possession of an unregistered firearm.
According to the statement of facts filed with the plea agreement, on Aug. 24, 2016, officers of the Warrenton Police Department (WPD) responded to Shaver’s home for a report of a shooting. During a subsequent search, law enforcement recovered several firearms, including a 12-gauge pump action shotgun and two silencers.
On Oct. 22, 2016, law enforcement was again called to Shaver’s home for a report of a domestic disturbance. During a subsequent search, law enforcement recovered a semi-automatic rifle hidden in an air vent. The semi-automatic rifle was originally sold to Shaver as a pistol through a licensed federal firearms dealer. Shaver later modified the pistol into a short-barreled rifle.
Shaver faces a maximum penalty of 10 years in prison when sentenced on June 9. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Michael B. Boxler, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; and Louis Battle, Chief of Warrenton Police, made the announcement after the plea was accepted by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Colleen E. García is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-cr-306.
Wakpala Woman Indicted for Conspiracy and Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Brooke Malenia Ducheneaux, age 30, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark Moreno on February 22, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 1, 2014, and January of 2017, Ducheneaux knowingly and intentionally conspired to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota. The indictment further alleges that on March 14, 2016, in Dewey County, South Dakota, Ducheneaux did knowingly and intentionally possess methamphetamine with the intent to distribute it.
The charges are merely accusations and Ducheneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Ducheneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Vero Beach Couple Sentenced to Lengthy Federal Prison Terms for Importing Controlled Substances, “Molly,” from ChinaRead the Press Release
On February 28, 2017, in Fort Pierce, Florida, a Vero Beach husband and wife were sentenced to federal prison by United States District Court Judge Robin L. Rosenberg, for their involvement in a conspiracy to import controlled substances, commonly referred to as “Molly,” from China into the United States.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, and Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.
Julius Andrew Reason, III, 32, was sentenced to 235 months’ imprisonment, to be followed by three years of supervised release, after previously pleading guilty to conspiracy to import a controlled substance, Dibutylone- HCI, in violation of Title 21, United States Code, Sections 952(a) and 963; and conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute a controlled substance- Dibutylone HCI, in violation of Title 21, United States Code, Sections 846 and 841(a)(1).
Reason’s wife, Venteria Leanet Reason, 28, was sentenced to 135 months’ imprisonment, to be followed by three years of supervised release, after pleading guilty to conspiracy to import a controlled substance- Dibutylone HCI, in violation of Title 21, United States Code, Sections 952(a) and 963.
According to Court records, in January of 2016, U.S. Customs and Border Protection (CBP) officers conducted a border search of an international mail parcel shipped from Shanghai, China, destined for a U.S. Post Office (P.O.) Box located in Vero Beach, Florida, and found the parcel to contain approximately one kilogram of Dibutylone HCI, a synthetic cathinone, a/k/a “bath salts,” a schedule I controlled substance. The Reasons convinced a co-defendant to open a P.O Box. On January 14, 2016, Julius Reason contacted the Vero Beach Post Office, inquiring about the whereabouts of two parcels. On January 15, 2016, Julius Reason was notified that his packages were ready for pickup. A codefendant then visited the post office and picked up the packages, before meeting Julius Reason and turning over the parcels. When Julius Reason saw law enforcement he fled from the scene, throwing both parcels.
During the course of the investigation, law enforcement seized items including, a loaded 9mm firearm from Julius Reason’s vehicle and electronic devices, wire transfer records, Chinese chemical company business cards, and $10,168.00 in U.S. currency from his residences.
The investigation further revealed that between June 2014 and January 2016, Julius Reason and his wife Venteria Reason sent wire transfers to China exceeding $59,000. Julius and Venteria Reason, exchanged communications with two separate Chinese chemical company representatives discussing prices and ordering synthetic cathinones, including Dibutylone and Ethylone, Schedule I controlled substances. The defendants also communicated by text message regarding the local delivery and sales of another controlled substance, commonly referred to as “Molly.”
Between June 2014, and January 18, 2016, at least 20 parcels were shipped from China to U.S. P.O. Boxes and addresses linked to Julius and Venteria Reason, in the Southern District of Florida. Five of those parcels were seized by law enforcement and thirteen parcels were delivered. Ultimately, they were held responsible for over 10 kilograms of Ethylone and Dibuylone.
Mr. Ferrer commended the investigative efforts of ICE-HSI, the USPIS and DEA. Mr. Ferrer also thanked the Indian River Sheriff’s Office for their assistance with this matter. This case was prosecuted by Assistant U.S. Attorney Carmen Lineberger.
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.
Utah Couple Sentenced for Bank Fraud and Bankruptcy FraudRead the Press Release
COEUR D'ALENE – Cortney S. Valentine, 40, and Nicolette P. Valentine, 37, husband and wife, both of Liberty, Utah, were sentenced Tuesday for bank fraud, false declaration under penalty of perjury and concealment of assets in connection with a bankruptcy case, Acting U.S. Attorney Rafael Gonzalez announced. Senior U.S. District Judge Edward J. Lodge sentenced Cortney Valentine to 40 months in prison, to be followed by five years of supervised release and ordered restitution payable at a later date. Judge Lodge sentenced Nicolette Valentine to time served, to be followed by five years of supervised release, and 200 hours of community service and ordered restitution payable at a later date. Cortney Valentine pleaded guilty on November 1, 2016, and Nicolette Valentine pleaded guilty on June 23, 2016.
According to Cortney Valentine’s plea agreement, he defrauded U.S. Bank when he made material false statements causing U.S. Bank to lend him $362,000. Later, Valentine and his wife, Nicolette, filed for relief under bankruptcy separately in different states. In November 2011, Cortney Valentine contracted to sell a home to a third party for $1,150,000. Cortney Valentine should have reported to the bankruptcy court any proceeds from the sale of the home. Instead, he used the money to support himself. Cortney Valentine made numerous false statements on the bankruptcy filings and concealed the funds he received from the third party purchaser.
According to Nicolette Valentine’s plea agreement, she defrauded Mountain West Bank when she made material false statements causing Mountain West Bank to lend her $43,766.27 to refinance a truck. Instead of paying off the existing truck loan so that Mountain West Bank could obtain clear title to the collateral, Nicolette Valentine deposited the proceeds into her bank account and used the money for living expenses. In May 2012, Nicolette Valentine filed for bankruptcy. During her bankruptcy proceedings, while under oath, Nicolette Valentine made material false statements when questioned about various matters under the supervision of the bankruptcy court.
The case was investigated by Federal Bureau of Investigation.
Two Women Plead Guilty to Orchestrating $20 Million Medicare Fraud Scheme at Seven Miami Area Home Health AgenciesRead the Press Release
Two Miami residents pleaded guilty today to fraud charges stemming from their roles in a $20 million home health care fraud scheme.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, and Special Agent in Charge Brian Swain of the U.S. Secret Service (USSS)’s Miami Field Office made the announcement.
Mildrey Gonzalez, 61, of Miami, pleaded guilty to one count of conspiracy to commit health care fraud and one count of health care fraud before U.S. District Judge Jose E. Martinez of the Southern District of Florida. Milka Alfaro, 40, also of Miami, pleaded guilty to one count of conspiracy to commit health care fraud and wire fraud before Judge Martinez. Sentencing for both defendants has been scheduled for May 11 before Judge Martinez.
As part of their guilty pleas, Gonzalez and Alfaro admitted that they were co-owners and operators of seven home health care agencies purported to do business in Miami-Dade County: Inar Home Care Service Corp., MA Home Health Inc., Golden Home Health Care Inc., Nova Home Health Care Inc., Finetech Home Health Inc., Homestead Home Health Care LLC and Metro Dade Home Health Inc. According to admissions made as part of their guilty pleas, Gonzalez and Alfaro recruited and paid nominees to falsely represent themselves as the owners of the home health care agencies, thereby concealing their ownership interests from Medicare and the general public. Gonzalez and Alfaro further admitted that they paid bribes and kickbacks to medical professionals, including doctors, in return for the provision of prescriptions for home health care services and referrals of Medicare beneficiaries to their home health care agencies; that they paid patient recruiters bribes and kickbacks in return for referrals of Medicare patients to the home health care agencies; and that in some cases, the Medicare beneficiaries did not need the home health care services for which Medicare paid.
Gonzalez and Alfaro admitted that as a result of the fraudulent scheme, Medicare paid approximately $20 million to the above-referenced home health care agencies.
Gonzalez and Alfaro were charged in a superseding indictment returned on July 20, 2016, along with Adriana Jalil, 66, of Miami, who served as a patient recruiter, and Luis Luzardo, 48, also of Miami, who utilized sham staffing companies to launder money. Jalil and Luzardo pleaded guilty and were sentenced by Judge Martinez earlier this year to 24 and 37 months in prison, respectively.
The USSS, FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Southern District of Florida. Fraud Section Trial Attorney L. Rush Atkinson, former Fraud Section Attorney, current Assistant U.S. Attorney Lisa H. Miller and Assistant U.S. Attorneys Evelyn B. Sheehan and Alison W. Lehr of the Southern District of Florida are prosecuting the case.Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,000 defendants who have collectively billed the Medicare program for more than $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Two Los Angeles-Area Men Sentenced to Federal Prison for Running Mortgage Scam that Purchased Homes with ‘Straw Buyers’Read the Press Release
LOS ANGELES – Two defendants linked to a mortgage fraud scheme that cost at least $2.4 million when fraudulently purchased homes went into foreclosure have been sentenced to federal prison.
The case involves a scheme to fraudulently obtain mortgages for residential properties through the use of “straw buyers” – individuals who pretend to purchase the properties and have no intention of living in the homes. In this case, the straw buyers’ personal information was used to obtain mortgages without their knowledge. The scheme was run out of JTR Real Estate, Inc., a Norwalk-based real estate brokerage company which bought, renovated and sold residential properties.
The two defendants sentenced on Monday by United States District Judge Dale S. Fischer were:
- John Martynec, 41, of Long Beach, a licensed real estate broker and co-owner of JTR, who previously pleaded guilty to one count of conspiracy and was sentenced to two years in prison; and
- Elek Andrade 32, of Downey, who also previously pleaded guilty to one count of conspiracy and was sentenced to one year and one day in federal prison.
In addition to the prison terms, Judge Fisher ordered both men to pay $2,573,092 in restitution.
Martynec was responsible at JTR for identifying distressed residential properties which could be purchased, renovated, and then sold for a profit. Andrade worked for Martynec as a real estate agent and assisted in selling the properties. When the market for renovated properties slowed in 2007, Martynec and Andrade engaged in a scheme to use straw buyers to purchase the renovated homes.
The loan applications were submitted without the knowledge of the straw buyers and included fraudulent supporting documents, such as verifications of employment.
As a result of the scheme, lending institutions approved and funded more than $5.2 million in loans for at least 11 properties.
A third defendant who fabricated documents that were submitted with the fraudulent loan applications – Mireya Espinoza, 36, of Carson – was sentenced on February 6 to one year and one day in prison and was ordered to pay $1,476,966 in restitution.
“Schemes like this can destabilize the financial industry and the real estate market,” said United States Attorney Eileen M. Decker. “The last economic crisis demonstrates the dangers of such destabilization and the importance of prosecuting crimes like those committed by these defendants.”
Leslie DeMarco, the Special Agent in Charge of the Federal Housing Finance Agency, Office of Inspector General (FHFA OIG), Western Region, stated: “The housing crisis severely impacted many individuals throughout the country. Instead of working through the challenges the crisis presented, the defendants, Martynec and Andrade, engaged in a fraudulent scheme that caused additional harm to many individuals. As a result of our work, they are now being held accountable for their actions. The FHFA OIG will continue to work with our law enforcement partners to ensure that these types of frauds are investigated and exposed to ensure the American Taxpayer is protected.”
James Todak, Special Agent in Charge of the Department of Housing and Urban Development’s Office of the Inspector General, said: “HUD-OIG continues to vigilantly protect FHA-insured borrowers from those who conduct mortgage fraud schemes. These prosecutions demonstrate our commitment to protecting HUD’s important work in providing affordable home ownership.”
This matter was investigated by the Federal Housing Finance Agency, the United States Department of Housing and Urban Development’s Office of the Inspector General Office of Inspector General; and IRS Criminal Investigation.
This case was prosecuted by Assistant United States Attorney Byron J. McLain of the Major Frauds Section.
Two Eagle Butte Individuals Charged with Firearm ViolationsRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, individuals have been indicted by a federal grand jury for Possession of an Unregistered Firearm and Possession of a Firearm by a Prohibited Person.
Wacey James Long, age 29, and Shawnda Cyrene Dupris, age 31, were indicted on February 15, 2017. Both appeared before U.S. Magistrate Judge Mark A. Moreno on February 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 16, 2016, both Long and Dupris knowingly received and possessed a shotgun firearm having a barrel length of less than 18 inches and an overall length of less than 26 inches, that was not registered to them in the National Firearms Registration and Transfer Record database. The Indictment also alleges that on the same day, both Long and Dupris, knowingly received and possessed the shotgun firearm even though they were prohibited from doing so because they are unlawful users of and addicted to a controlled substance.
The charges are merely accusations and both Long and Dupris are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Long was remanded to the custody of the U.S. Marshals Service, and Dupris was released pending trial. Trial is set for April 18, 2017.
Two Brothers and a Sister Were Convicted of Numerous Counts of Identity Theft, Mail Fraud and Money LaunderingRead the Press Release
Ann Arbor, Michigan - Three defendants, two brothers and a sister were convicted in Ann Arbor on numerous counts of conspiracy, mail fraud, aggravated identity theft, and engaging in illegal monetary transactions, U.S. Attorney Barbara L. McQuade announced today.
Joining McQuade in the announcement was Manny Muriel, Special Agent in Charge of the Detroit Office of the Internal Revenue Service - Criminal Investigation.
The 10-day trial was conducted before U.S. District Judge Judith Levy. Sentencing is scheduled for August 21, 2017 at 10 am.
Defendants Anthony Gandy, Christopher Gandy and Sharon Gandy-Micheau, were each convicted of numerous counts of conspiracy, mail fraud, aggravated identity theft, and engaging in illegal monetary transactions. The conspiracy involved over 20 fraudulent income tax returns for trusts that requested over $1.4 million in refunds. The IRS mailed to the defendants a number of refund checks totaling $940,000.
According to evidence presented at trial, the defendants participated in a scheme to file fraudulent Forms 1041, U.S. Income Tax Returns for Estates and Trusts. The scheme was facilitated by opening post office boxes and bank accounts to receive the proceeds of the scheme. The funds were either deposited into the bank accounts and the proceeds were quickly withdrawn or the refund checks were cashed by a Detroit area check cashing store.
In addition, two witnesses testified they had previously lost their identification and social security cards. Those documents were either recovered at the residence of Sharon Gandy-Micheau or images were found on a computer at the same residence. Their identification was used to further the scheme.
"These defendants attempted to steal taxpayer money, and they did so by using the identities of innocent victims," McQuade said. "This case should signal the ability of IRS investigators to detect fraud and bring offenders to justice."
IRS-Criminal Investigation Special Agent in Charge Manny Muriel said, “Investigating refund fraud and identity theft remains a priority for IRS Criminal Investigation. Today’s guilty verdicts should send a clear message to would-be criminals that IRS-Criminal Investigation will continue to pursue those who prey on innocent victims and steal from the American tax system.”
The case was investigated by agents of the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by AUSAs Stephen Hiyama and Ross Mackenzie with the assistance of paralegal Carol Oliver.
Twenty-Three Indicted in Methamphetamine Distribution ConspiracyRead the Press Release
DALLAS — Twenty-three individuals, most from the Dallas, Texas, area, were charged in a federal indictment with offenses stemming from their respective roles in a methamphetamine distribution conspiracy this week, announced U.S. Attorney John Parker of the Northern District of Texas.
The indictment alleges the conspiracy began in January 2016 and continued to the date of the indictment, February 22, 2017. Count One of the indictment charges the following twenty-three defendants with conspiracy to possess with intent to distribute a controlled substance:
Roberto Omar Vera, 51, of Dallas, Texas
Kameron Paul Vera, 23, of Dallas, Texas
Roberto Trevizo Munoz, 19, of Dallas, Texas
Simon Louis Trevino, 30, of Dallas, Texas
Jorge Morales, 27, of Dallas, Texas
Kneely Denay Abadie, 23, of Arlington, Texas
Stephanie Jean Aldava, aka “Stephanie Jean Bradley,” Stephanie Jean May,” “Stephanie Jean Bristow,” 38, of Lufkin, Texas
Rodney Allen Broach, 48, of Kemp, Texas
Angela Danielle Burkham, 34 of Garland, Texas
Elizabeth Neely Causey-Eck, 47, of McKinney, Texas
Mark Allen Craven, 59, of Dallas, Texas
Lauren Allyson Crites, aka “Lauren Allyson Anderson,” 33, of Garland, Texas
Charley Seay Crossland, aka “Charley Denise Seay,” 37, of Dallas, Texas
Arthur Daniel Currie, aka “Aquaman,” 32, of Dallas, Texas
Caitlyn Taylor Johnson, 23, of Terrell, Texas
Chelsea Loraine Johnson, 24, of Terrell, Texas
Ilona Klonowshi King, aka “Ilona Klonowski Brazeal,” 46, of Dallas, Texas
Larry Ray Lincks, 52, of Quinlan, Texas
Daniel Moss, 31, of Mabank, Texas
John Craig Owen, 54, of Mesquite, Texas
Clisty Diane Pratt, aka “Clisty Diane Baker,” 44, of Kemp, Texas
Paul Wade Shreves, 27, Mesquite, Texas
Brandi Scott Turcola, aka “Brandi Scott Blackburn,” “Brandi Scott Smith,” 34, of Log Cabin, Texas
Each defendant was also charged with one count of possession with intent to distribute a controlled substance. Roberto Vera, Kameron Vera, and Larry Lincks were each charged with additional counts relating to the conspiracy.
An indictment is an accusation by a grand jury. A defendant is entitled to the presumption of innocence unless proven guilty. If convicted, the maximum penalty for the charged offenses is life in federal prison.
The Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives led the investigation; Kaufman Police Department, Kaufman County Sheriff’s Office and Henderson County Sheriff’s Office assisted. Assistant U.S. Attorney P.J. Meitl is in charge of the prosecution.
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Three Head to Prison in Large-Scale Drug and Money Laundering ConspiracyRead the Press Release
CORPUS CHRISTI, Texas - One man and two women, all of South Texas, have been ordered to federal prison following their guilty pleas to charges of conspiracy to possess with the intent to distribute cocaine and conspiracy to commit money laundering, announced U.S. Attorney Kenneth Magidson.
Efrain Cisneros-Reyes, 37, Mayra Alejandra Cervantes, 27, and Norma Argelia Ramirez, 43, all of McAllen; and Gabriela Martinez, 34, of Mission, all pleaded guilty to conspiracy to possess with the intent to distribute more than five kilograms of cocaine Jan. 7, 2016. Cisneros-Reyes, Cervantes and Ramirez also pleaded guilty to conspiracy to launder monetary instruments, while Cisneros-Reyes was also convicted of being a felon in possession of a firearm.
Today, U.S. District Judge Nelva Gonzales Ramos, who accepted all the pleas, ordered Cisneros-Reyes to serve a total of 157 months in federal prison. Cervantes received an 81-month sentence, while Ramirez was ordered to serve 90 months imprisonment. In handing down the sentence, Judge Ramos noted the extensiveness of the criminal organization and the fact that 19 funnel bank accounts were used in the money laundering conspiracy. Each were further ordered to serve five years of supervised release following completion of their prison terms.
Martinez is set for sentencing next month.
At the time of his plea, Cisneros-Reyes also agreed to the forfeiture of two firearms - a Cobra FS380, .380 caliber pistol and a Maverick Arms, Model 88, 12-gauge shotgun. Ramirez agreed to the forfeiture of a Wells Fargo bank account in her name.
The investigation identified the four defendants as leaders within this criminal organization. Law enforcement determined that the organization utilized many different methods of transportation to include, but not limited to, concealing cocaine in false compartments located inside passenger vehicles and tractor/trailers. Further, the investigation has revealed a total of 19 funnel bank accounts directly linked to members of the organization. These funnel bank accounts have been used to funnel illicit bulk currency from throughout the country to the Rio Grande Valley.
It is estimated that at least 100 kilograms of cocaine were trafficked during the course of the conspiracy and more than $1 million in currency was transported to South Texas.
The three sentenced today will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Martinez is also in custody pending her sentencing hearing.
The case is the result of an Organized Crime Drug Enforcement Task Force Operation dubbed “Operation Green-Eyed Tiger” conducted by the Drug Enforcement Administration, Internal Revenue Service - Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Border Patrol, Homeland Security Investigations, police departments in Mission and McAllen as well as the U.S. Marshals Service. Assistant U.S. Attorney Julie K. Hampton is prosecuting the case.
Third Detroit-Area Physician Pleads Guilty in $5.4 Million Dollar Health Care Fraud SchemeRead the Press Release
A Detroit-area physician pleaded guilty today for his role in a $5.4 million Medicare fraud scheme involving phony physician visits and drug prescriptions.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.
Aaron Goldfein, 52, of Bloomfield Hills, Michigan, pleaded guilty to one count of conspiracy to commit health care and wire fraud. Previously, on Jan. 19, 2017, co-conspirators, William Sokoll, 61, of Royal Oak, Michigan, and William Binder, 60, of Ypsilanti, Michigan, each pleaded guilty to one count of conspiracy to commit health care and wire fraud. Sokoll was a physician who lost his medical license in 2008 and Binder was a licensed physician who surrendered his DEA license in March 2011. Both worked at Tri-City Medical Center (Tri-City) in Livonia, Michigan, for Goldfein.
As part of his plea, Goldfein admitted to being part of a scheme in which his co-conspirators would hold themselves out as licensed physicians and purport to perform physician home visits and other services for Medicare beneficiaries, although these co-conspirators were not licensed to practice medicine in Michigan. Goldfein would then bill Medicare, through Tri City, as if he himself had completed these visits. Goldfein also admitted to being part of a scheme in which he received kickbacks in exchange for writing home health prescriptions.
In his plea agreement, Sokoll admitted to being one of the unlicensed physicians employed at Tri City. Sokoll admitted that he and this co-conspirator prepared medical documentation purportedly evidencing licensed physician home visits and other services provided to beneficiaries, when in fact the beneficiaries were not treated by a physician licensed in Michigan. In addition, third co-defendant and licensed physician, Goldfein signed the medical documentation completed by Sokoll and the other unlicensed co-conspirator for services the physician did not provide to beneficiaries.
Additionally, Sokoll, Binder and Goldfein admitted in connection with their guilty pleas that they and other unlicensed co-conspirators prescribed beneficiaries medications, including controlled substances, under Goldfein’s name and DEA registration number, when although Goldfein had not seen or diagnosed the beneficiaries. Medicare Part D ultimately paid for some of these prescriptions, which Goldfein ultimately signed.
In addition to writing prescriptions for controlled substances, Binder, as part of his guilty plea, admitted to being part of a scheme at Tri-City in which he and his co-conspirators would submit or cause the submission of false claims to Medicare by billing for physician home visits where referrals for the services were obtained through the payment and promise of payment of kickbacks. Members of the conspiracy, including Binder, would also bill for home health care services that were, at times, not provided and not medically necessary, and where referrals for services were obtained through the payment and promise of payment of kickbacks.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Fraud Section Trial Attorneys Dustin Davis, Amy Markopoulos and Jessica Collins are prosecuting the case.
The IRS and U.S. Attorney's Office remind people that violating tax laws can have serious consequencesRead the Press Release
Several people have been found guilty and sentenced to prison for violating federal tax laws over the past few months, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Troy Stemen, Acting Special Agent in Charge of IRS-Criminal Investigation’s Cincinnati Field Office.
As the 2017 tax filing deadline approaches, these cases serve as reminders that there are civil and sometimes criminal penalties to filing erroneous tax returns.
“Tax day is not fun, but the vast majority of Americans who properly report and pay their fair share need to know that we will aggressively prosecute those who shirk or flaunt their obligations,” Rendon said.
“We are in the midst of this year’s income tax filing season, so it is important for people to have confidence that when they pay their taxes, their neighbors and co-workers are doing the same,” Stemen said. “The IRS Criminal Investigation, together with the U.S. Attorney’s Office, will investigate and prosecute those who violate our tax system. This joint announcement should serve as a warning to anyone who might consider evading their federal tax obligations, as we will hold accountable those who use deceit and fraud to line their pockets with money, especially when that money represents stolen federal taxes.”
Details on a few cases over the past year:
U.S. v. Farmer: Darryl Farmer, of Cleveland Heights, was sentenced to nearly six years in prison and ordered to pay $100,230 in restitution last month. Farmer held himself out as a neighborhood tax preparer who paid recruiters a “referral fee” to provide him identifications and personal identifiers of others. Farmer used this information to file false tax returns, including claiming tax credits for businesses that did not exist. He also opened multiple personal and business bank accounts, which he controlled, in the names of these various people in order to deposit the refunds from the tax returns he filed. Farmer falsely claimed more than $100,000 from the IRS between 2010 and 2012, according to court documents.
U.S. v. Lin et. al.: The owners of the Royal Buffet and Grill restaurant in Akron are awaiting sentencing after admitting they did not report the majority of cash receipts at the restaurant. Yuan Lin, of Fairlawn, and Rui Xu, Xin Hsu and Zhou Qiang Zou, all of Akron, conspired between 2002 and 2013 to defraud government by not reporting the majority of cash receipts on their taxes. Xu, Hsu, and Zou also conspired to harbor at least 10 undocumented workers, which included employing the undocumented workers at restaurant, where they worked for below minimum wage or only for tips. At one time, they housed as many as 14 undocumented workers inside a single-family residence on Annapolis Avenue, according to court documents. Lin issued a check to the IRS for $450,000 in partial payment of his restitution.
U.S. v. Vonderembse: Sandra Vonderembse, a psychiatrist from Oregon, Ohio, was sentenced last year to serve 18 months in prison and ordered to pay $565,128 in restitution. She failed to pay taxes and filed and false and fraudulent tax returns that included false statements regarding her income and the amount of tax due and owing. For three years, she falsely claimed to have no taxable income and to owe no taxes, despite earning more than $240,000 each year while working as a psychiatrist. In total, from 2005 through 2011, she attempted to evade more than $360,000 in income tax liabilities.
U.S. v. Klocker: Thomas Klocker, of Lakewood, was sentenced to a year in custody and ordered to pay nearly $1.8 million restitution and fines for taking improper write-offs and not reporting taxable income. Klocker was the sole shareholder and operator of All Metal Sales (AMS) in Westlake. He also operated TT Charter Leasing, which was in the business of chartering the luxury yacht “Tommy Time”. Klocker diverted corporate funds from AMS for his own use to benefit his personal lifestyle and avoid personal income liabilities between 2007 and 2010. For example, Klocker diverted funds from AMS to construct a waterfront residence in Lakewood and to maintain his 68’ Sunseeker yacht, as well as to pay for luxury travel and to make cash withdrawals. He reported substantial business losses arising from the operating costs and expenses arising from the personal use of the TT Charter Leasing yacht, according to court documents. He also misrepresented his personal expenses entered into AMS’ books and records by falsely describing them as legitimate business expenses. Klocker also provided false information to his tax-return preparers about expenses he described as business-related which were, in fact, personal in nature – including luxury travel with his family, according to court documents.
Texas Man Pleads Guilty in Manhattan Federal Court to Multimillion-Dollar Wire FraudRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that LAWRENCE OBRACANIK pled guilty today before U.S. District Judge Ronnie Abrams to one count of wire fraud for his theft of more than $5 million from the bank at which he worked (“Bank-1”) through fraudulent wire transfers.
U.S. Attorney Preet Bharara said: “As Lawrence Obracanik admitted in court today, for nearly two years he stole in excess of $5 million from his employer to line his own pockets and pay off his debts. In the end, however, Obracanik’s fraud has led to a federal criminal conviction.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “As he admitted, Obracanik, a bank employee, cashed in on a deal to pay his debts and leave his employer with millions of dollars in losses. But the endgame left him with few options, and he’s admitted to his crime today.”
According to the Complaint, the Information, and statements made during today’s guilty plea:
Between July 2014 and February 2016, OBRACANIK was an Operations Manager for Bank-1’s Broker Dealer Services. During that time, OBRACANIK was responsible for a series of fraudulent and unauthorized wire transfers from Bank-1 to an individual account at another bank (the “Bank-2 Account”) totaling more than $5 million. The wire transfers were made either directly or through book transfers using an intermediate company (“Company-1”). OBRACANIK reported to Company-1 personnel that the book transfers were accidental and the money should be wired to the Bank-2 Account. OBRACANIK later admitted that the transfers were intentional and had, in fact, been intended to pay OBRACANIK’s personal debts.
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OBRACANIK, 42, of Fort Worth, Texas, pled guilty to one count of wire fraud affecting a financial institution, which carries a maximum sentence of 30 years in prison and a maximum fine of $1 million, or twice the gross gain or loss from the offense. 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.
OBRACANIK will be sentenced by Judge Abrams on July 7, 2017, at 11 a.m.
Mr. Bharara praised the outstanding investigative work of the FBI.
The prosecution is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Lara Pomerantz is in charge of the prosecution.
Taylor County man admits to illegal possession of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Rollie C. Poynter, Jr., 50, of Grafton, West Virginia, was convicted today in federal court for illegal possession of a firearm, Acting United States Betsy Steinfeld Jividen announced.
Poynter, who had previously been convicted of felony offenses in West Virginia, Ohio, and Kentucky, admitted to having in his possession a .38 caliber revolver in Taylor County, West Virginia in April 2016.
Poynter pled guilty to one count of “Unlawful Possession of a Firearm.” He faces up to ten 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 Traci M. Cook is handling the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Taylor County Sheriff’s Office, and Grafton City Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Spearfish Man Indicted for Multiple Sex OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Spearfish, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Sexual Abuse, and Sexual Abuse of a Minor.
Stanley Patrick Weber, age 68, was indicted on February 22, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on March 1, 2017. He pleaded not guilty to the Indictment.
The penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Weber sexually abusing minors between 1999 and 2011 while employed as a physician with Indian Health Services at Pine Ridge. The charges are merely an accusation and Weber is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Health and Human Services Office of Inspector General, the Bureau of Indian Affairs Office of Justice Services, the Internet Crimes Against Children Taskforce, the Rapid City Police Department, and the Spearfish Police Department. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Weber was released pending trial. A trial date has been scheduled for May 9, 2017.
Southampton Man Charged with Child Pornography OffensesRead the Press Release
BOSTON – A Southampton man was charged in U.S. District Court in Springfield today with child pornography offenses.
Bruce Singer, 70, was indicted on five counts of distribution of child pornography, one count of receipt of child pornography, and one count of possession of child pornography.
It is alleged that from April 30, 2013, to June 25, 2015, Singer engaged in several acts of distributing and receiving electronic child pornography files and possessed more than a dozen child pornography files.
The charges of receipt and distribution of child pornography each provide for a sentence of no greater than 20 years in prison, a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of no greater than 10 years in prison, a lifetime of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Northampton Police Chief Jody Kasper; Easthampton Police Chief Robert Alberti; and Westfield Police Chief John Camerota, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office and Trial Attorney Leslie Fisher of the Justice Department’s Child Exploitation and Obscenity Section are prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Seven Indicted for Oxycodone-Related ChargesRead the Press Release
United States Attorney Gregory J. Haanstad for the Eastern District of Wisconsin announced that on February 7, 2017, a federal grand jury returned an eight-count indictment against six individuals involved in distributing Oxycodone. The indictment named Lance Bruette (age: 34) of Minocqua, Orvin Kay (age: 57) of Milwaukee, Frank Lawrence (age: 38) of Saint Germain, Mitchell Plantikow (age: 29) of Woodruff, Troy Plantikow (age 52) of Woodruff, and Lacey Stanick (age 31) of Woodruff as the defendants. In a related matter, on February 28, 2017, a federal grand jury returned a three-count indictment against Lee Hueckstaedt (age: 31) of Rhinelander for possessing Oxycodone with the intent to distribute it.
In the matter indicted on February 7, 2017, all six defendants are charged in Count One of the Indictment with Conspiracy to Distribute Oxycodone in violation of Title 21, United States Code, Section 846. Counts Two, Four, and Six charge that on various dates in late 2016 and early 2017 Orvin Kay distributed Oxycodone in violation of Title 21, United States Code, Section 841(a)(1). Counts Three, Five, and Seven charge that on those same dates Lance Bruette possessed Oxycodone with the intent to distribute it in violation of Title 21, United States Code, Section 841(a)(1). Finally, Count Eight charges that on February 2, 2017, Orvin Kay possessed Oxycodone with an intent to distribute it in violation of Title 21, United States Code, Section 841(a)(1).
According to the Criminal Complaint filed against Orvin Kay, certain members of the conspiracy who resided in Northern Wisconsin would drive to Milwaukee and pick up hundreds of Oxycodone pills per week from Orvin Kay. They would then distribute those Oxycodone pills to individual users, as well as co-conspirators who would sell the pills to other individuals. The maximum penalty for all of the charges is 20 years in prison and a $1,000,000 fine.
In the matter indicted on February 28, 2017, Lee Hueckstaedt was charged with possessing Oxycodone with the intent to distribute it on various dates in late 2016 in violation of Title 21, United States Code, Section 841(a)(1). According to the Criminal Complaint against Lee Hueckstaedt, he is a large-scale Oxycodone dealer in the Eagle River/Rhinelander area. The Criminal Complaint alleges that on the dates charged, Hueckstaedt drove to Milwaukee and picked up hundreds of Oxycodone pills from Orvin Kay. The maximum penalty for all of the charges is 20 years in prison and a $1,000,000 fine.
The following agencies are participating in the investigation: the Oneida County Sheriff’s Office; the Vilas County Sheriff’s Office; the Wisconsin Department of Justice - Division of Criminal Investigation; the Drug Enforcement Administration – Milwaukee (Tactical Diversion Squad); the Minocqua Police Department; the Rhinelander Police Department. The case is being prosecuted by Assistant United States Attorneys Zachary J. Corey and Benjamin Wesson.
Allegations contained in an indictment or a criminal complaint are only charges and are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Sentencings for February 27, 2017 - March 1, 2017Read the Press Release
Jose Modesto Adon Cano, 23, of South Ozone Park, New York, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 1, 2017, for possession of equipment to manufacture counterfeit credit cards. Cano was arrested in Laramie, Wyoming. He received 21 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. Restitution will be determined at a later date. This case was investigated by the Federal Bureau of Investigation.
Edgar Carrillo-Hernandez, 19, of Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 1, 2017, for illegal re-entry of a previously deported alien into the United States. Carrillo-Hernandez was arrested in Douglas, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Clarence Winfrey, 56, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on February 27, 2017, for possession of child pornography. Winfrey was arrested in Casper, Wyoming. He received 78 months of imprisonment, to be followed by seven years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children and the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
San Antonio Couple Plead Guilty to Conspiracy to Commit Wire Fraud and Identity TheftRead the Press Release
In San Antonio, 37-year-old Jessica Rivas Alva and her husband, 39-year-old Eric Jon Alva, face up to five years in federal prison after pleading guilty today to a scheme to defraud undocumented immigrants and their family members out of money by falsely claiming to work on behalf of two San Antonio attorneys, announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
Appearing before United States District Judge Xavier Rodriguez this morning, both defendants pleaded guilty to one count of conspiracy to commit wire fraud and aggravated identity theft. The charge to which the defendants pleaded guilty alleged that between March 2015 and May 2015, the couple conspired to collect legal fees from incarcerated undocumented immigrants and/or their families under false pretenses.
According to the charge, in April 2015, the Alvas faxed forged letters fraudulently using the name and state bar number of two San Antonio-based attorneys to enable Jessica Alva to gain access to two immigration detention facilities in Louisiana. While at the South Louisiana Correctional Center in Basile and the LaSalle Detention Facility in Jena, Jessica Alva met with detained immigrants and offered to have the attorneys provide legal services for a fee. The immigrants’ families were then instructed to deposit those fees into bank accounts that the Alvas controlled. Jessica Alva was not an attorney and was not actually working for either attorney at the time she made the fraudulent representations. Furthermore, at the time Jessica Alva entered the detention facilities, she was enjoined by a Texas state court from entering any immigration facility in the United States unless accompanied by an attorney for whom she worked.
The conspiracy charge to which the Alvas pleaded guilty also alleged that during telephonic immigration hearings before an immigration court, Eric Alva impersonated one of the San Antonio attorneys and claimed to represent the detained immigrant whose case was before the court.
Both defendants remain on bond pending sentencing scheduled for June 7, 2017, before Judge Rodriguez.
This case was investigated by agents with HSI and Enforcement and Removal Operations for Immigration and Customs Enforcement in cooperation with the Texas Attorney General's Office. Assistant United States Attorney Alan Buie is prosecuting this case on behalf of the Government.
Salem Man Sentenced for Scam Defrauding Home DepotRead the Press Release
BOSTON – A Salem man was sentenced today in U.S. District Court in Boston in connection with a scheme to defraud Home Depot of over $45,000.
Robert Dooley, 56, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 18 months in prison, three years of supervised release, and ordered to pay restitution of $46,798. Dooley was also ordered to stay away from all Home Depot and Lowes stores during his period of supervised release. In August 2016, Dooley pleaded guilty to 10 counts of wire fraud.
Between January 2016 and February 2016, Dooley engaged in a scheme to defraud Home Depot by “returning” items he never purchased from the store, in order to receive store credit. On each occasion, Dooley entered Home Depot stores empty handed and gathered merchandise totaling $500 to $900. At the returns desk, Dooley falsely claimed that he previously purchased the items, but did not have a receipt. When he provided this driver’s license number to the clerk, Dooley often varied the number so the “return” would not immediately be detected as fraudulent. Dooley was then issued a Home Depot gift card for the fraudulent return. Dooley perpetrated the scam over forty times at Home Depot stores in Massachusetts, New Hampshire, Rhode Island and Maine, resulting in over $45,000 in fraudulent returns.
In 2007, Dooley was convicted of federal wire fraud charges arising out of a nearly identical scheme in which he defrauded Home Depot in excess of $330,000 from July 2004 through October 2005. In that case, he was sentenced to five years in federal prison.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The case was prosecuted by Assistant U.S. Attorney Eugenia M. Carris of Weinreb’s Public Corruption Unit.
Rwandan Refugee Convicted of Naturalization Fraud Sentenced to 15 Years in Federal PrisonRead the Press Release
A man who actively participated in the Rwandan genocide and then committed naturalization fraud was sentenced today to 15 years’ imprisonment.
In January 2016, Gervais (“Ken”) Ngombwa was convicted of one count of unlawfully procuring, or attempting to procure, naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security. Following the trial, one of Ngombwa’s counts of conviction was vacated by the court.
The evidence at trial showed Ngombwa knowingly made several material false statements to procure entry into the United States as a refugee from Rwanda in 1998. Notably, Ngombwa falsely claimed to be the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda, who lives in exile in Belgium.
During sentencing proceedings, the government presented the testimony of multiple witnesses, including agents from the Department of Homeland Security. Much of the testimony pertained to Ngombwa’s conduct in Rwanda in the 1990s. The government presented testimony about the 1994 Rwandan genocide, in which hundreds of thousands of people from the Tutsi ethnic group were killed. The evidence showed that Ngombwa was charged and convicted in two Gacaca courts in that country for his involvement in the Rwandan genocide. He was also named in an Indictment brought in 2010 against Jean Uwinkindi by the United Nations Joint Criminal Tribunal for Rwanda, as a co-participant in a “joint criminal enterprise whose common purpose was the commission of genocide against the Tutsi racial or ethnic group and persons identified as Tutsi or presumed to support the Tutsi[.]” Uwinkindi was convicted of the charge in the Indictment and sentenced to life imprisonment in December 2015.
The evidence presented at sentencing also showed that Ngombwa is currently under Indictment in the Republic of Rwanda. That Indictment was brought by the
country’s Prosecutor General in 2014. An international arrest warrant is outstanding on this Indictment. The Rwandan Indictment charges Ngombwa in Count 1 with “Genocide” and alleges, in part, that Ngombwa “is individually liable for having, between 7th April 1994 and July 1994 ordered and committed crimes perpetrated with the intent to destroy in whole the Tutsi ethnic group.” The Indictment alleges Ngombwa drove members of the Interahamwe to the Catholic church “in order to attack and kill Tutsi who had sought refuge there.” Further, it alleges that Ngombwa transported members of the Interahamwe to the Kanzene communal office to kill Tutsi seeking refuge there. It is also charged Ngombwa and the Interahamwe militia, armed with guns and traditional weapons, “such as machetes, spears clubs and other traditional tools, attacked the Tutsi who had sought refuge in the premises of priests” at the Catholic Church, and attacked and killed them. There are additional allegations in Count 1. Moreover, Count 2 charges Ngombwa with “extermination as a crime against humanity.” Count 3 charges Ngombwa with “murder as a crime against humanity.”
Department of Homeland Security agents also testified that as part of their investigation, they personally interviewed multiple witnesses in Rwanda who allegedly saw Ngombwa commit acts of violence during the Rwandan genocide. For instance, many witnesses stated that Ngombwa drove members of the Interahamwe and the military – killers – to locations where they conducted mass killings of Tutsi. According to the witnesses, Ngombwa made derogatory statements concerning the Tutsi; he encouraged others to kill Tutsi; and he personally participated in the killings. According to the witnesses, Ngombwa also participated in the theft or looting of property belonging to Tutsi.
In addition, law enforcement agents testified about Ngombwa’s alleged involvement in a July 2013 fire at his Cedar Rapids home. Ngombwa is currently charged with arson and insurance fraud in the Iowa District Court for Linn County.
After hearing this evidence, United States District Court Judge Linda R. Reade found that Ngombwa “actively participated in the genocide,” made multiple false statements while being resettled as a refugee, committed perjury and obstructed justice, and intentionally set fire to his home in 2013.
Following the sentencing decision, Kevin W. Techau, United States Attorney for the Northern District of Iowa, said, "This prosecution shows human rights violators will not find safe haven in the United States. We will continue to work with our law enforcement partners worldwide to identify, prosecute, and repatriate those who, by fraud, have evaded the administration of justice in their homeland."
“Human rights violators who flee from the atrocities committed in their home countries will not find refuge here,” said Special Agent in Charge Alex Khu, of Homeland Security Investigations (HSI), St. Paul, Minnesota. “HSI is especially proud of the international cooperation between governments and law enforcement agencies this case exemplifies and we will continue to track down those who assisted in persecution and remove those perpetrators from the United States.”
Ngombwa was sentenced to 180 months’ imprisonment and 3 years’ supervised release. There is no parole in the federal system. After announcing her sentencing decision, Judge Reade immediately remanded Ngombwa to the custody of the United States Marshals Service. Ngombwa will now await placement at a Bureau of Prisons facility to serve his sentence. At a later date, defendant will be processed for removal from the United States to Rwanda after the completion of his prison term. Judge Reade has already revoked Ngombwa’s United States citizenship.
The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda. The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00123.
Follow the office on Twitter @USAO_NDIA.
Rio Rancho Woman Sentenced to Prison for Federal Meth Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Linda Styler, 66, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison for her conviction on methamphetamine trafficking charges. Styler will be on supervised release for two years after completing her prison sentence.
Styler and co-defendant Edward Lucero, 41, also of Rio Rancho, were arrested on Jan. 6, 2016, on a four-count indictment charging them with conspiring to distribute methamphetamine in July and Aug. 2015; distributing methamphetamine on July 31, 2015; and possessing distribution quantities of methamphetamine on Aug. 27, 2015. Styler and Lucero were charged with committing the crimes in Sandoval County, N.M.
On Sept. 30, 2016, Styler pled guilty to the indictment. In her plea agreement, Styler admitted supplying Lucero with 24.3 grams of 100% pure methamphetamine on July 22, 2015, which Lucero distributed to an undercover agent. She also admitted supplying Lucero with 47.3 grams of 98% pure methamphetamine on July 31, 2015, which Lucero distributed to an undercover agent. According to the plea agreement, on Aug. 27, 2015, law enforcement agents seized approximately 230 grams of methamphetamine while executing a search warrant at Styler’s Rio Rancho residence.
Lucero pled guilty on Oct. 6, 2016, to an information charging him with distributing methamphetamine. In entering the guilty plea, Lucero admitted that on July 31, 2015, sold 47.2 grams of 98% pure methamphetamine to an undercover law enforcement agent. At sentencing, Lucero faces a maximum penalty of 20 years in federal prison. He is currently scheduled for sentencing on March 7, 2017.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kristopher N. Houghton.
Red River County Man Convicted of Bank Robbery & Federal Firearms ViolationsRead the Press Release
TEXARKANA, Texas – A 50-year-old Avery, Texas man has been convicted by a jury following a violent crime spree in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Bobby Wayne Lance was found guilty of all eight counts in the indictment following a four-day trial before U.S. District Judge Robert W. Schroeder, III today. Lance was convicted of bank robbery, carjacking, two counts of Hobbs Act robbery, and four counts of possession of a firearm during a violent crime.
According to information presented in court, on Nov. 8, 2015, Lance robbed the Cinemark Movies 8 Cinema in Paris, Texas. On Nov. 14, 2015, Lance robbed the Carter’s Store and RV Park convenience store near DeKalb, Texas. On Nov. 17, 2015, Lance robbed the First National Bank of Mount Vernon, Cypress Springs Branch, in Scroggins, Texas of $73,946. Also on Nov. 17, 2015, Lance carjacked a vehicle from another individual. Lance used a handgun during each of these violent crimes. Lance was indicted by a federal grand jury on Dec. 16, 2015.
Under federal statutes, Lance faces up to 25 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, Paris Police Department, Texarkana, Texas Police Department, Franklin County Sheriff’s Office, Red River County Sheriff’s Office, Bowie County Sheriff, and the Texas Rangers. This case was prosecuted by Assistant U.S. Attorneys Ryan Locker, Robert Wells, and Jonathan Ross.
Racketeering Kingpin Sentenced to Life in PrisonRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that MANUEL GEOVANNY RODRIGUEZ-PEREZ, a/k/a “Shorty,” was sentenced today by U.S. District Judge Laura Taylor Swain to spend the remainder of his life in prison for his role as a leader of a massive and violent racketeering organization (the “Rodriguez Enterprise”) whose members sold large quantities of marijuana, murdered and attempted to murder nearly 20 people, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses.
RODRIGUEZ-PEREZ was previously charged in connection with “Operation Green Venom,” a coordinated multi-agency investigation that was led by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE HSI”), and first announced in October 2010. On June 7, 2016, RODRIGUEZ-PEREZ pled guilty before Judge Swain to one count of racketeering conspiracy, and accepted responsibility for dozens of illegal acts associated with that conspiracy, including nine murders and 10 attempted murders in the United States and the Dominican Republic.
Manhattan U.S. Attorney Preet Bharara said: “By his own admission, Manuel Geovanny Rodriguez-Perez is a cold-blooded murderer who was responsible for the executions of nine people and attempts on the lives of 10 more. He ruled over his drug enterprise with an iron fist and ruthlessly protected his turf. Today Rodriguez-Perez received a sentence that will ensure he poses no further danger to the people of New York – life behind bars.”
According to the allegations contained in the criminal Indictment and Information, other documents in the public record, and statements made in court: RODRIGUEZ-PEREZ was the highest ranking leader of a narcotics organization involved in a wide range of criminal activity, including the murders of the following victims:
- Francisco Perez, a/k/a “Francie,” on October 26, 1997: Perez was murdered at RODRIGUEZ-PEREZ’s direction and under his watch after RODRIGUEZ-PEREZ decided that Perez was a rival with whom RODRIGUEZ-PEREZ no longer wished to compete. Perez was shot and killed outside a nightclub in upper Manhattan. Rodriguez watched this murder from the safety of a nearby pool hall and later informed a cooperating witness that he had “given himself” this murder as a “birthday present.”
- Antonio Kasse, a/k/a “Toasty,” on December 13, 1998: RODRIGUEZ-PEREZ murdered Kasse because RODRIGUEZ-PEREZ suspected Kasse in the theft of a relatively small amount of marijuana from one of RODRIGUEZ-PEREZ’s stash houses. In the shooting that resulted in Kasse’s death, the hitmen hired by RODRIGUEZ-PEREZ also struck an innocent bystander, permanently paralyzing that victim.
- FNU LNU, a/k/a “Carlos Valentin,” a/k/a “Campi,” in or about 2000: Campi – whose true identity remains unknown – was strangled to death by RODRIGUEZ-PEREZ and his underlings in a public park in the Bronx. Campi was a low-level employee of RODRIGUEZ-PEREZ’s drug business whom RODRIGUEZ-PEREZ suspected of having stolen a small amount of marijuana. RODRIGUEZ-PEREZ buried Campi in a pre-dug grave, and later returned in an unsuccessful effort to locate, exhume, and destroy his victim’s remains.
- Noel Herrera, on December 29, 2001: Herrera was a rival drug dealer murdered by RODRIGUEZ-PEREZ in order to increase the Rodriguez Organization’s profits. He was murdered in the Dominican Republic at RODRIGUEZ-PEREZ’s direction by a team of paid assassins.
- Kelly Perez, a/k/a “Red” on September 16, 2002: RODRIGUEZ-PEREZ ordered the murder of this low-level employee of his business because he believed Perez to have stolen a small amount of marijuana and money, with which he had purchased a particular firearm. Before attempting multiple times to murder Perez, RODRIGUEZ-PEREZ forced Perez to return that firearm and, in spite, ensured that Perez died from a shot fired by the same weapon.
- Marino Molina, on January 11, 2003, and Wilfredo Molina, a/k/a “Willie,” on May 3, 2004: The Molina brothers were rivals of the Rodriguez Organization and associates of RODRIGUEZ-PEREZ’s first victim, Francisco Perez. Marino was murdered by a team of hitmen in the Dominican Republic while attending a baseball game, and Wilfredo was murdered in the drive-way of his family home in the presence of his young son.
- Manuel Rivas, a/k/a “Tony el Mono,” on October 29, 2005: Rivas was a former employee of the Rodriguez Organization whom RODRIGUEZ-PEREZ believed to be cooperating with law enforcement in the investigation of his drug empire. Rivas was murdered in the Dominican Republic by hitmen hired by RODRIGUEZ-PEREZ.
- Richard Cabrera, a/k/a “Bori,” on January 16, 2006: The murder of Richard Cabrera demonstrates RODRIGUEZ-PEREZ’s ruthlessness in support of his narcotics business. Cabrera had been a hitman for RODRIGUEZ-PEREZ in the murder of Francisco Perez, described above, and RODRIGUEZ-PEREZ murdered Cabrera in order to safeguard against the possibility of Cabrera revealing RODRIGUEZ-PEREZ’s role in that earlier murder.
Noel Herrera, Marino Molina, and Manuel Rivas were each murdered by or at the command of RODRIGUEZ-PEREZ in the Dominican Republic. Wilfredo Molina was murdered at the command of RODRIGUEZ-PEREZ in New Jersey, and the remaining victims were murdered in New York City.
Additionally, RODRIGUEZ-PEREZ was ordered to pay $25 million as a forfeiture penalty, which is the approximate amount of gross proceeds received by RODRIGUEZ-PEREZ derived from racketeering activities, properties in New York, Florida, and the Dominican Republic, and cash and jewelry seized by law enforcement officers.
RODRIGUEZ-PEREZ, age 43, has been in federal custody since October 15, 2010, when he was arrested during a takedown of more than 50 members of a massive marijuana trafficking ring that transported ton-quantities of marijuana from Florida and California for distribution in the greater New York area from the early 1990’s to 2010.
In sentencing RODRIGUEZ-PEREZ, Judge Swain said a life sentence was warranted because of the “breadth and violence” of his criminal conduct, which showed an “immense willingness and capacity to exact vengeance and violence.” Judge Swain described the “collateral damage caused” by RODRIGUEZ-PEREZ’s crimes as “catastrophic and immeasurable.”
Mr. Bharara praised the outstanding investigative work of ICE HSI, the New York City Police Department, and the U.S. Drug Enforcement Administration. He also thanked the U.S. Marshals Service, the Bergen County, New Jersey, Prosecutor’s Office, the Englewood, New Jersey, Police Department, the U.S. Department of Housing and Urban Development, and the New York City Department of Investigation for their assistance, and added that the investigation is continuing.
The investigation and prosecution of the cases arising from “Operation Green Venom” has been overseen by the Office’s Violent and Organized Crimes Unit. Assistant U.S. Attorney Andrew C. Adams is responsible for the prosecution.
Racketeering IndictmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, David Capp, announced a variety of racketeering charges in an 18 count indictment against 4 members and associates of the “2500” street gang, with associations to the “Grit Gang”, a street gang in Bloomington, Indiana. Named in the indictment are:
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Demetri D. Beachem, aka “Meech”, 22, of Fort Wayne, Indiana
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William D. Beamon, aka “Lil Will”, 24, of Fort Wayne, Indiana
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Kyombe D. Bolden, “aka Pudge”, 25, of Bloomington, Indiana
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Ronnie D. Burrus, “aka Ronnie Robinson, Ronnie Burris and Yung Ron”, 24, of Bloomington, Indiana
The “2500” originated in the 2500 block of Caroline Street in Ft. Wayne. The indictment alleges that “2500” is a criminal organization engaged in acts of violence, including murder, attempted murder and drug trafficking. Specifically alleged are the attempted murders of two rival gang members on October 4, 2014, in Ft. Wayne. Also alleged is an attempted murder of a third person, not a rival gang member.
USA Capp stated, “I greatly appreciate the cooperative law enforcement effort here in Ft. Wayne. This is our first use of the federal racketeering statutes against street gangs in this area. It will not be our last. We are going to continue to focus our efforts on criminal organizations and utilize the federal racketeering statutes to remove them from the streets.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This multi-agency investigation was conducted by the Federal Bureau of Investigation’s Safe Streets Task Force in Fort Wayne, which includes the Federal Bureau of Investigation, the Allen County Police Department, the Fort Wayne Police Department, and the Indiana State Police. Also assisting with this investigation were the Bloomington Police Department, the Indiana State Police Laboratory Division, and the Fort Wayne Police Department’s Detective Bureau and Gang Unit. This case is being handled by Assistant United States Attorney Anthony W. Geller.
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Physician Admits to Illegally Distributing 39,000 Pills, Pleads Guilty to Federal ConspiracyRead the Press Release
LITTLE ROCK— Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, and Stephen G. Azzam, Special Agent in Charge of the Drug Enforcement Administration (DEA) announced today that Dr. Richard Duane Johns, 49, of Little Rock, pleaded guilty to conspiracy to distribute oxycodone without an effective prescription. Dr. Johns was responsible for illegally distributing at least 39,000 pills, with a street value of more than $1,000,000.
Dr. Johns pleaded guilty Thursday to a one-count superseding information before Chief United States District Court Judge Brian S. Miller, who will pronounce sentence at a later date. The conviction carries a maximum possible sentence of 20 years’ imprisonment, $1,000,000 fine, and three years’ supervised release. Dr. Johns was initially charged with 18 others in a federal indictment returned on September 2, 2015.
As part of the plea agreement, Dr. Johns agreed to forfeit $155,620 that constituted proceeds of the conspiracy, and a Ford F250 truck that facilitated the conspiracy. The money and vehicle were seized during the investigation. Additionally, the parties have agreed to litigate at the time of sentencing any additional amount of money that is to be forfeited as proceeds of the conspiracy.
"Dr. Johns, while purporting to be a health-care professional, is nothing more than a common drug dealer," Thyer said. "With opioid abuse continuing to kill at alarming rates, and an opioid epidemic sweeping across the country, the fact that doctors sworn to help people are contributing to the problem is unconscionable. Dr. Johns will soon face the consequences of his illegal actions, and we will continue to aggressively pursue any health care professionals who have similar criminal thoughts in mind."
The conspiracy primarily operated in Lonoke, White, and Pulaski counties. On May 18, 2015, the Lonoke County Sheriff’s Office took Dr. Johns into custody charging him with 187 counts of violating the Arkansas controlled substances act, a class C state felony. The federal indictment later charged Dr. Johns and 18 others in a conspiracy to distribute oxycodone. Dr. Johns was charged in six additional counts of illegal distribution of oxycodone which have been dismissed by the United States as part of the plea agreement.
This investigation began in November 2014 when Lonoke County Sheriff’s detectives responded to an opioid overdose death of an individual outside Cabot. The Sheriff’s Office solicited the assistance of the DEA, and the agencies began a joint investigation to determine the source of the oxycodone which led to the overdose. The investigation determined that 187 fraudulent prescriptions for oxycodone written by Dr. Johns had been filled and distributed since July 2014 in Lonoke County alone. The prescriptions totaled approximately 16,830 oxycodone pills with a street value of $504,900. A total of 38 individuals associated with Dr. Johns were charged with violating the Arkansas controlled substances act in Lonoke County Circuit Court. To date, 17 of those individuals have entered guilty pleas.
"This was a tremendous effort by all our agencies working together to get a drug dealing doctor off the streets before even more people were hurt," Lonoke County Prosecutor Chuck Graham said.
In White County Circuit Court, a total of 15 individuals associated with Dr. Johns were charged with various drug crimes associated with Dr. Johns’ enterprise. All 15 of those individuals have entered guilty pleas.
"This investigation was an excellent show of cooperation between federal, state, and local law enforcement agencies," White County Prosecutor Rebecca Reed said. "Opioid addiction is a serious problem in our community and this case brought the topic to the forefront of substance abuse discussions."
During the course of the ongoing investigation, the DEA determined that Dr. Johns was part of a distribution network spanning several counties in which he would write oxycodone prescriptions in individuals’ names. Co-conspirators would bring names and dates of birth to Dr. Johns with the intent of buying a prescription for oxycodone. Dr. Johns would issue the prescription without examining the individual, and in many cases, without ever having met the individual. Dr. Johns would then sell the fraudulent prescriptions for $500 each.
Prescriptions were filled at local pharmacies, and the oxycodone tablets sold in the community for an average of $30 each. Co-conspirators acknowledged purchasing such fraudulent prescriptions from Dr. Johns since 2011. Dr. Johns pleaded guilty to illegally distributing 39,000 30 mg oxycodone pills from January 1, 2014 to May 2015, with the pills having a street value of over $1,000,000.
"Prescription drug abuse is an epidemic in this country that destroys countless lives," DEA Special Agent in Charge Azzam said. "The DEA is fully committed to the pursuit of any individual who abandons their oath as a medical practitioner. This conviction sends a clear message to all who engage in the illegal distribution of prescription drugs: we will continue to work with our law enforcement partners, the medical community and the public to identify and stop those responsible for endangering lives in our communities and bring them to justice."
Of the 18 individuals federally charged with Dr. Johns, five have pleaded guilty to conspiracy charges, including Vanessa Byrd (plea entered 10/6/16); James Spiker, Jr. (plea entered 10/9/16); Aaron Cochran (plea entered 11/9/16); Randy Byrd (plea entered on 11/21/16); Donna Cearns (plea entered 1/4/17); and Christine Zeman (plea entered 1/23/17). Charles Mason’s charges were dismissed. Only Vanessa Byrd—who received 37 months’ imprisonment—has been sentenced. Trial on the remaining defendants is set for March 27, 2017.
The case against Dr. Johns is part of a larger national effort led by the DEA dubbed Operation Pilluted, an aggressive campaign that targeted the largest sources of illegally diverted pharmaceuticals in Arkansas, Louisiana, Mississippi, and Alabama. The case was investigated by the DEA—Little Rock Diversion Squad, along with the Federal Bureau of Investigation, Arkansas State Police, Central Arkansas Drug Task Force, Lonoke County Sheriff’s Office, White County Sheriff’s Office, and DEA Little Rock Tactical Diversion Squad composed of officers from the Conway Police Department, Beebe Police Department, Little Rock Police Department, Pine Bluff Police Department, Jefferson County Sheriff’s Office, and the Benton Police. Also involved in the investigation were the United States Marshals Service, Little Rock Police Department, and the Saline County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Anne Gardner.
Filed Superseding InformationPhiladelphia Man Charged with Center City Bank RobberyRead the Press Release
John Peck, 51 years old of Philadelphia, Pennsylvania, was charged today by Information with one count of bank robbery, announced Acting United States Attorney Louis D. Lappen. The defendant is alleged to have robbed Branch Banking and Trust Bank (BB&T), located at 1635 Market Street in the City of Philadelphia, in the Eastern District of Pennsylvania on January 30, 2017. The defendant threatened violence against an employee of BB&T Bank with a demand note, while unlawfully taking $566 in United States currency from the bank.
If convicted on the bank robbery, defendant PECK faces a maximum possible sentence of 20 years imprisonment, a 3-year period of supervised release, a $250,000 fine, and a $100 special assessment and restitution in the amount of $566.
The case was investigated by the Federal Bureau of Investigation, Philadelphia Division, and the City of Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Kelly A. Lewis Fallenstein.
Pennsylvania man sentenced for heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jewel D. Woods, 19, of McKees Rocks, Pennsylvania, was sentenced in federal court today to 36 months incarceration for distribution of heroin, Acting United States Attorney Betsy Steinfeld Jividen announced.
Woods admitted that he sold heroin in Harrison County, West Virginia in January 2016. He pled guilty to one count of “Possession with the Intent to Distribute Heroin” in November 2016.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Irene M. Keeley presided.
Owner of Suburban Telemarketing Company Sentenced to a Year in Prison in Patients-For-Cash Kickback SchemeRead the Press Release
CHICAGO — The head of a Homewood telemarketing company has been sentenced to a year in federal prison for pocketing illegal kickbacks in exchange for referring patients to home health care agencies.
As the owner of Serenity Marketing Inc., which did business as Serenity Living, SUNDAE WILLIAMS used unsolicited phone calls to recruit patients, including Medicare beneficiaries, for home health care services. Williams then referred those patients to several Chicago-area nursing agencies in exchange for payments on a per-patient basis.
A jury last year convicted Williams, 47, of South Holland, on one count of conspiracy to solicit and receive remuneration in return for referring Medicare patients, and six counts of soliciting and receiving remuneration in return for referring Medicare patients.
U.S. District Judge John J. Tharp Jr. on Wednesday imposed the prison sentence of 12 months and one day. In addition, Judge Tharp ordered Williams to forfeit $599,000, which represents the proceeds of her crimes.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Kristie Osswald, Special Agent-in-Charge of the Chicago Office of the Railroad Retirement Board Office of the Inspector General.
“For at least four years, defendant Sundae Williams helped fuel a system in which skilled nursing agencies and doctors defrauded Medicare by billing for unnecessary services that Medicare beneficiaries did not need or qualify for,” Assistant U.S. Attorney Stephen Chahn Lee argued in the government’s sentencing memorandum. “Defendant’s offense here is serious because it led to the kinds of waste and fraud that the Anti-Kickback Statute was designed to prevent.”
Williams is one of several defendants convicted as part of the federal investigation. The prior convictions include JAMES ADEMIJU, a nurse from Matteson who operated two suburban nursing agencies; Dr. ALAN NEWMAN, one of the doctors at Suburban Home Physicians, which did business as Doctor at Home; and DIANA JOCELYN GUMILA, a nurse and manager of Suburban Home Physicians.
Evidence at Williams’ trial revealed that Serenity employees were trained to cold-call Medicare beneficiaries and convince them to accept home health services. If a Medicare beneficiary expressed interest, Serenity employees obtained the beneficiary’s personal information, including their Medicare number, and provided it to certain home health agencies that had agreed to pay Serenity for such referrals.
The investigation is being carried out by the Medicare Fraud Strike Force, which is part of the Health Care Fraud Prevention & Enforcement Action Team, a joint initiative between the U.S. Justice Department and the U.S. Department of Health and Human Services to prevent fraud and to enforce anti-fraud laws around the country. Dozens of defendants have been charged in numerous fraud cases since the strike force began operating in Chicago in 2011.
The government is represented Mr. Lee and Cornelius Vandenberg.
Ohio man indicted on methamphetamine and firearms chargesRead the Press Release
An Ohio man was indicted on methamphetamine and firearms charges, said U.S. Attorney Carole S. Rendon.
Matthew R. Golech, 37, was indicted one count of possession with the intent to distribute methamphetamine and one count of using a firearm in furtherance of drug trafficking.
Golech, on Jan. 15, had approximately a 50 grams of methamphetamines. He also had a Bersa Firestorm .22 caliber pistol which he used in furtherance of drug trafficking, according to the indictment.
The case is being prosecuted by Assistant U.S. Attorney Aaron P. Howell following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the United States of America’s burden to prove each defendant’s guilt beyond a reasonable doubt.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ roles in the offense and the characteristics of the violations.
North Haven Man Sentenced to 68 Months in Federal Prison for Trafficking CocaineRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BERNARDO ROMAN-ROLAN, also known as “Benny,” 41, of North Haven, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 68 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, in the fall of 2015, the DEA New Haven Task Force initiated an investigation into a cocaine trafficking organization headed by Halby “Harv” Lopez. Omar Polanco-Mendez and ROMAN-ROLAN were the second and third in command, respectively. The investigation revealed that Lopez, Polanco-Mendez and ROMAN-ROLAN were obtaining bulk quantities of cocaine from multiple suppliers and redistributing the cocaine to a network of New Haven-area street-level dealers. The investigation included court-authorized wiretaps, controlled purchases of drugs and the seizure of multiple kilograms of cocaine.
Investigators intercepted numerous conversations in which ROMAN-ROLAN discussed the distribution of cocaine. Intercepted calls also revealed that, in January 2016, ROMAN-ROLAN received two shipments of cocaine on behalf of Lopez and Polanco-Mendez.
On March 24, 2016, a grand jury in New Haven returned a 13-count indictment charging ROMAN-ROLAN, Lopez, Polanco-Mendez and seven other individuals with various narcotics offenses. All of the defendants pleaded guilty.
ROMAN-ROLAN has been detained since his arrest on March 11, 2016. On October 7, 2016, he pleaded guilty to one count of conspiracy to distribute between 500 grams and two kilograms of cocaine.
ROMAN-ROLAN’s criminal history includes convictions for drug trafficking and manslaughter.
On February 24, 2017, Polanco-Mendez was sentenced to 120 months of imprisonment. Lopez awaits sentencing.
The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service.
This matter is being prosecuted by Assistant U.S. Attorneys Patrick Caruso and Jennifer Laraia.
New York man sentenced for possessing counterfeit credit, debit cardsRead the Press Release
WHEELING WEST VIRGINIA – Scott Garcia, 22, of New York, was sentenced to nine months incarceration for possessing multiple counterfeit credit and debit cards, Acting United States Attorney Betsy Steinfeld Jividen announced.
Garcia possessed in excess of fifteen counterfeit devices, to wit: fraudulently produced Western Union netSpend, Mastercard debit cards, gifts cards fraudulently obtained from various retail merchants, and stolen credit card numbers. He pled guilty to one count of “Fraud Related to Access Devices” in August 2016.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The United States Secret Service and the Ohio County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
New Jersey Resident Pleads Guilty to Theft of Public MoneyRead the Press Release
A New Jersey man pleaded guilty today in the U.S. District Court for the District of New Jersey in Newark, to one count of theft of public money, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to information and documents presented to the court, from approximately December 2010 through April 2014, Derrick M. Madison, 39, of Jersey City, New Jersey, used the Internal Revenue Service’s (IRS) telephone payment system hundreds of times in an effort to make fake payments to a taxpayer account he controlled from bank accounts that were closed, frozen or had minimal balances. The goal was to induce the IRS to fully credit these fake payments and then for the IRS to “refund” Madison for his overpayments. On one occasion, the IRS issued Madison a $170,681 refund check, which he deposited into his bank account.
Sentencing is scheduled for June 12. Madison faces a statutory maximum sentence of 10 years in prison, a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Eric Powers and Jeffrey Bender of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Navajo Man from Shiprock Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Byron Harold Peshlakai, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Peshlakai was arrested in Oct. 2016, on an indictment charging him with involuntary manslaughter. According to the indictment, Peshlakai killed the victim with his vehicle while driving under the influence of alcohol on the Navajo Indian Reservation on Oct. 25, 2015.
During today’s proceedings, Peshlakai pled guilty to the indictment without the benefit of a plea agreement. At sentencing Peshlakai faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Nashua Felon Pleads Guilty to Fraud SchemeRead the Press Release
BOSTON – A Nashua man pleaded guilty today in U.S. District Court in Boston in connection with defrauding investors in a purported water resource company and laundering money obtained through various online fraud schemes.
Edmond P. LaFrance, 70, pleaded guilty to an indictment charging him with two counts of wire fraud and three counts of money laundering. A sentencing date has not yet been scheduled.
From 2012 to 2013, LaFrance solicited investments and loans for a shell company he created, Natural Waters, that fraudulently claimed to buy and sell mineral water in bulk. In fact, there were no mineral water sales and a large portion of the investor money LaFrance received was directed to his own uses or transferred to co-conspirators. The indictment further charged that around 2015, LaFrance laundered money for various online fraud schemes being perpetrated by individuals located primarily outside of the United States. LaFrance allegedly accepted hundreds of thousands of dollars from victims he did not know, and with whom he had no business relationship, and wired the money to third parties whose true identities were concealed from the victims.
In 1990, LaFrance was convicted in federal court of structuring currency transactions, making false statements and conspiring to defraud the United States. In 2007, he was convicted a second time of wire fraud and making false statements.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and restitution. The charge of money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $500,000 and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Stephen P. Heymann of Weinreb’s Economic Crimes Unit is prosecuting the case.
Myrtle Beach Man Enters Guilty Plea in Federal Court on Fraud ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Howard Dillon, age 49, of Myrtle Beach, South Carolina, pled guilty on Monday in federal court in Florence, to Conspiracy to Manufacture and Pass Counterfeit Securities, a violation of Title 18, United States Code, Section 371. United States District Judge R. Bryan Harwell of Florence accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that during the period from August 2015 through January of 2016, Dillon and others were involved in a conspiracy to manufacture and pass counterfeit securities (checks) of organizations.The co-conspirators would make counterfeit checks using genuine bank account and routing numbers they obtained from checks they stole out of mailboxes in Horry and Georgetown Counties.
The defendants would then use fraudulent driver's licenses bearing their photographs but in other persons' names which matched the names on the counterfeit checks, to pass these counterfeit checks at various businesses.
The defendants would use the checks to purchase merchandise at one store, then they would go to another store in the same chain and exchange the merchandise for cash.
Ms. Drake stated the maximum penalty the defendants can receive is a fine of $250,000 and/or imprisonment for 5 years, plus a special assessment of $100.
The case was investigated by agents of the U.S. Postal Inspection Service. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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Massachusetts Man Charged with Child Pornography OffensesRead the Press Release
A Massachusetts man was charged today in a U.S. District Court in Springfield, Massachusetts, for the possession, receipt and distribution of digital images of child pornography.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Acting United States Attorney William D. Weinreb of the District of Massachusetts; Special Agent in Charge Harold H. Shaw of the FBI’s Boston Division; Chief Jody Kasper of the Northampton, Massachusetts, Police Department; Chief Robert Alberti of the Easthampton, Massachusetts, Police Department; Superintendent Colonel Richard D. McKeon of the Massachusetts State Police; and Chief John Camerota of the Westfield, Massachusetts, Police Department made the announcement today.
Bruce Singer, 70, of Southampton, Massachusetts, was charged in an indictment with five counts of distribution of child pornography, one count of receipt of child pornography and one count of possession of child.
According to the indictment, between April 30, 2013 and June 25, 2015, Singer engaged in several acts of distributing and receiving electronic child pornography files. The indictment further alleges that Singer possessed more than a dozen child pornography files.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Alex J. Grant of the District of Massachusetts, Springfield Branch Office, and Trial Attorney Leslie Fisher of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) are investigating the case.
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 U.S. Attorneys’ offices and 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.
Marion Man Enters Guilty Plea in Federal Court on Gun ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Willis Terrance Dorsey, age 30, of Marion, pled guilty on Monday in federal court in Florence, to possession with intent to distribute crack cocaine, a violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C) and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that on February 2, 2016, officers with the Darlington County Sheriff’s Department initiated a traffic stop on Dorsey on Interstate 20 in Darlington, South Carolina. After determining that Dorsey did not have a valid driver’s license, officers found 26 grams of crack cocaine on Dorsey's person and a 9mm Keltec pistol in the vehicle. Dorsey subsequently told the officers that he had been selling crack cocaine. Individuals who sell illegal drugs while armed with a firearm are subject to prosecution pursuant to Title 18, United States Code, Section 924(c) because of the inherent danger of violence created by the presence of a firearm.Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years on the drug charge and a mandatory minimum sentence of five years and a maximum of life in prison on the firearms charge.
The case was investigated by the Darlington County Sheriff’s Department. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Manhattan Man Pleads Guilty to Scheme to Defraud Car Buyers over the InternetRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that DAVON DAVIS pled guilty today to wire fraud charges in connection with a scheme to defraud prospective car buyers over the Internet. DAVIS pled before U.S. Magistrate Judge Lisa M. Smith in White Plains federal court.
DAVIS is charged with one count of conspiracy to commit wire fraud.
Manhattan U.S. Attorney Bharara stated: “Davon Davis brazenly defrauded individuals who thought they were purchasing cars with their hard-earned money, but in fact there were no cars to be sold. Davis has now admitted his crime and will face the consequences of his actions.”
According to the Information filed in White Plains federal court and public information:
From late 2013 through early 2015, DAVIS and others defrauded individuals who sought to purchase cars over the Internet from businesses they believed were located in White Plains, New York, and other locations. In reality, the address in White Plains and the businesses did not exist, and DAVIS and his co-conspirators did not own or legally possess any of the cars that were supposedly for sale on the Internet. DAVIS and his co-conspirators stole close to $200,000 from car buyers located all over the United States.
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DAVIS faces a maximum sentence of 20 years in prison on the charge in the Information. The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
DAVIS will be sentenced by U.S. District Judge Kenneth M. Karas on a date to be determined.
Mr. Bharara praised the outstanding efforts of the Federal Bureau of Investigation, the Westchester County District Attorney’s Office, and the White Plains Police Department.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney John P. Collins Jr. and Special Assistant United States Attorney Lauren Abinanti of the Westchester County District Attorney’s Office are in charge of the prosecution.
MS-13 Gang Members Indicted for 2016 Murders of Three Brentwood High School StudentsRead the Press Release
A 41-count second superseding indictment was unsealed today in federal court in Central Islip, which charges thirteen MS-13 members with racketeering, seven murders, attempted murders, assaults, obstruction of justice, arson, conspiracy to distribute marijuana, and related firearms and conspiracy charges. Four of those defendants were arrested earlier this morning and will be arraigned this afternoon before United States District Judge Joseph F. Bianco at the federal courthouse in Central Islip. Additionally, during the execution of a search warrant at the home of MS-13 leaders ALEXI SAENZ, also known as “Blasty” and “Big Homie,” and JAIRO SAENZ, also known as “Funny,” this morning, investigators recovered an arsenal of weapons, including a loaded 9mm semi-automatic handgun, numerous rounds of ammunition, including additional 9mm, .38 caliber, .357 caliber, and other assorted rounds, machetes, a sword, a hatchet, and knives. Further, investigators recovered a quantity of marijuana packaged for resale, ledgers, and MS-13 paraphernalia.
Among the offenses added in the second superseding indictment are murder charges against A. SAENZ, J. SAENZ, SELVIN CHAVEZ, also known as “Flash,” and ENRIQUE PORTILLO, also known as “Oso” and “Turkey,” in connection with the murders of Brentwood High School students Nisa Mickens and Kayla Cuevas, who were killed on September 13, 2016, and murder charges against ELMER ALEXANDER LOPEZ, also known as “Smiley,” “Little Smiley” and “Alex,” GERMAN CRUZ, also known as “Bad Boy,” and two other defendants, who are still fugitives at this time, relating to the murder of Jose Pena, who also attended Brentwood High School and was killed on June 3, 2016, but whose skeletonized remains were not recovered until October 17, 2016. Two other MS-13 members, who were juveniles at the time of the murders, have been charged with the Cuevas and Mickens murders, and a third juvenile MS-13 member has been charged with the Pena murder. By statute, those cases remain under seal at this time.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Timothy D. Sini, Commissioner, Suffolk County Police Department (SCPD), and Thomas C. Krumpter, Acting Commissioner, Nassau County Police Department (NCPD).
“The brutal murders of Nisa Mickens and Kayla Cuevas, and the savage killing of Jose Pena, allegedly committed by these defendants, exemplify the depravity of a gang whose primary mission is murder,” stated United States Attorney Capers. “As the MS-13 continues its efforts to expand and entrench itself in our communities, both by sending gang members to illegally enter the United States from Central America, and by recruiting new members from our schools and neighborhoods, this Office and the FBI’s Long Island Gang Task Force will continue our mission to dismantle the MS-13 and free our neighborhoods from the terror they cause.” Mr. Capers expressed his grateful appreciation to all the members of the FBI’s Long Island Gang Task Force.
“Stamping out gangs and the violence they bring to our neighborhoods remains a top priority for the FBI. Since 2003, the FBI’s Long Island Gang Task Force has been combining the resources of our agents and detectives who, although they are from different agencies, work together in carrying out one mission: to protect the right to live in a society free from violence. Whether you live in Brentwood or the Hamptons, you have a right to safety and security in your neighborhood. That’s why we’re here today and it’s the reason we’re not going away,” stated FBI Assistant Director-in-Charge Sweeney.
“The day Nisa Mickens and Kayla Cuevas were heinously murdered, the Suffolk County Police Department made a commitment to their families and to the residents of Brentwood that justice would be served. Today, in collaboration with the FBI and the United States Attorney’s Office, we have delivered on that promise. We have also promised to eradicate MS-13 from our streets and we remain fully committed to finishing the job. We will continue to keep the pressure on this ruthless gang and anyone who associates with them, and we will spare no resource to accomplish our objective. I want to thank every member of the Suffolk County Police Department for their steadfast determination, commitment and professionalism on this investigation and a special thank you to our partners in the FBI and the U.S. Attorney’s Office for their outstanding work on this case,” stated SCPD Commissioner Sini.
“These recent arrests in a combined multi-jurisdictional law enforcement effort should be a prime example of how these heinous murders by gang members will not go unpunished. I would like to acknowledge the exceptional investigative work which led to the arrests of these defendants and express my sincere condolences to the victims and their families,” stated NCPD Acting Commissioner Krumpter.
The second superseding indictment adds charges against LOPEZ, who previously was charged with two attempted murders, CRUZ and two other defendants in connection with the June 3, 2016 murder of Jose Pena. As detailed in the second superseding indictment and the government’s detention letter, which was filed earlier today, the MS-13 decided to kill Pena, a member of the MS-13, because he was suspected of violating gang rules. Prior to the murder, LOPEZ, CRUZ and other members of the Freeport Locos Salvatruchas (FLS) clique of the MS-13 held meetings where they discussed punishing Pena for the rules violations. After consulting with gang leadership in El Salvador, the FLS members agreed to murder Pena, and tasks were assigned to each of the members of the clique to carry out the plan, including obtaining weapons and a vehicle to be used in the murder. On June 3, 2016, LOPEZ and several other FLS members lured Pena into a car that was provided by CRUZ. They drove Pena to a secluded wooded area in Brentwood, where they attacked him, taking turns stabbing and slashing him with knives.
As detailed in the second superseding indictment and the government’s detention letter, A. SAENZ, J. SAENZ, CHAVEZ, and PORTILLO are charged with the September 13, 2016 murders of Nisa Mickens and Kayla Cuevas. In the months leading up to the murders, Cuevas was involved in a series of disputes with members and associates of the MS-13. Approximately one week before the murders, these disputes escalated when Cuevas and several friends were involved in an altercation with MS-13 members at Brentwood High School. After that incident, the MS-13 members vowed to seek revenge against Cuevas. On the evening of September 13, 2016, CHAVEZ, A. SAENZ, J. SAENZ, PORTILLO, and other members of the Sailors Locos Salvatruchas Westside (Sailors) clique of the MS-13 agreed to hunt for rival gang members to kill. They separated into different vehicles and drove around Brentwood looking for targets. CHAVEZ, PORTILLO, and two other juvenile MS-13 members, who were riding together in one car, saw Cuevas and Mickens walking down Stahley Street. They recognized Cuevas and called A. SAENZ and J. SAENZ, the leaders of the Sailors clique, who authorized them to kill the two girls. CHAVEZ, the driver, pulled up close to the girls, then PORTILLO and the other MS-13 members jumped out of the car and attacked them with baseball bats and a machete, striking the girls numerous times in the head and body. After finishing the attack, PORTILLO and the others got back into the car and CHAVEZ drove them away. Mickens’s body, which was discovered on Stahley Street shortly thereafter, sustained significant sharp force trauma to the face and blunt force trauma to the head. Cuevas’s body, which was discovered the following day behind a house adjacent to where Mickens’s body was found, sustained significant blunt force trauma to the head and body and lacerations.
Further, CHAVEZ, PORTILLO, A. SAENZ, J. SAENZ, and JONATHAN HERNANDEZ are all charged with conspiracy to distribute marijuana. From April 2016 to the present, the defendants sold marijuana and used the proceeds to help finance the Sailors clique’s criminal operations. Specifically, the MS-13 members sold marijuana and used that money to purchase firearms and ammunition, as well as to send money to MS-13 leaders in El Salvador.
Finally, the second superseding indictment charges HERNANDEZ in connection with the October 7, 2015 assaults of a male and female that occurred on an athletic field located near the Brentwood East Elementary and Brentwood East Middle Schools. The two victims were there with a group of other individuals when HERNANDEZ and other members of the MS-13 approached and attacked them. The group ran away, except for the victims who were caught, knocked to the ground, and struck repeatedly with baseball bats and pipes. The male victim suffered a broken hand and deep lacerations to the face. The female victim suffered severe pain throughout her body where the weapons had struck her.
The underlying indictments in this case, filed on July 20, 2016 and November 15, 2016, charged defendants EDWIN AMAYA-SANCHEZ, also known as “Strong,” WILLIAM CASTELLANOS, also known as “Dizzy” and “Satanico,” JHONNY CONTRERAS, also known as “Muerte,” “Reaper” and “Conejo,” REYNALDO LOPEZ-ALVARADO, also known as “Mente,” and LOPEZ, who are all members of the MS-13, with four murders, including the May 26 and 28, 2013 murders of Derrick Mayes and Keenan Russell, the July 14, 2014 murder of Jose Lainez-Murcia, the June 30, 2015 murder of Jonathan Cardona-Hernandez, three attempted murders, as well as related firearms, accessory after the fact, obstruction of justice, and arson offenses.
This second superseding indictment is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010 alone, this Office has obtained indictments charging MS-13 members with carrying out more than 35 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, and Rockville Centre Police Department.
If convicted, all of the defendants charged in the second superseding indictment face up to life in prison or the death penalty, other than CRUZ, who faces up to 10 years in prison, and HERNANDEZ, who faces up to 20 years on each of the assault counts and an additional five years for the conspiracy to distribute marijuana. The charges in the second superseding indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Raymond A. Tierney, and Paul G. Scotti are in charge of the prosecution.
The Defendants:
EDWIN AMAYA-SANCHEZ (“Strong”)
Age: 29
Brentwood, New York
WILLIAM CASTELLANOS (“Dizzy” and “Satanico”)
Age: 20
Central Islip, New York
SELVIN CHAVEZ (“Flash”)
Age: 19
Brentwood, New York
JHONNY CONTRERAS (“Muerte,” “Reaper” and “Conejo”)
Age: 23
Brentwood, New York
GERMAN CRUZ (“Bad Boy”)
Age: 18
Brentwood, New York
JONATHAN HERNANDEZ (“Travieso” and “Kraken”)
Age: 19
Brentwood, New York
ELMER ALEXANDER LOPEZ (“Smiley,” “Little Smiley” and “Alex”)
Age: 19
Central Islip, New York
REYNALDO LOPEZ-ALVARADO (“Mente”)
Age: 24
Brentwood, New York
ENRIQUE PORTILLO (“Oso” and “Turkey”)
Age: 19
Brentwood, New York
ALEXI SAENZ (“Blasty” and “Big Homie”)
Age: 22
Central Islip, New York
JAIRO SAENZ (“Funny”)
Age: 19
Central Islip, New York
E.D.N.Y. Docket No. 16-CR-403 (S-2)(JFB)
Lower Brule Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Samantha Dolezal, a/k/a Samantha Good Low, age 24, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 21, 2016, Dolezal forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs by using a dangerous weapon and causing bodily injury to the officer, who was engaged in the performance of his official duties and employed as a federal law enforcement officer.
The charge is merely an accusation and Dolezal is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Dolezal was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Louisville Man Sentenced to Five Years in Prison for Involvement in Kickback SchemeRead the Press Release
LEXINGTON, Ky. – A Louisville, Ky. man, who previously admitted to bribing a former public official, was sentenced today to five years in federal prison.
Chief U.S. District Judge Karen K. Caldwell sentenced Lawrence J. O’Bryan, 57, for convictions on three counts of bribery concerning a federally funded program. O’Bryan was also ordered to pay $100,000 fine and $642,201.50 in restitution. He has paid the restitution in full. Under federal law, O’Bryan must serve at least 85 percent of his prison sentence.
O’Bryan previously admitted that he accepted kickbacks on behalf of the former Secretary of the Kentucky Personnel Cabinet, Timothy Longmeyer, beginning in 2009.
According to O’Bryan’s plea agreement, Longmeyer agreed to use his former position to steer contracts to MC Squared Consulting. In return, the owner of MC Squared agreed to pay O’Bryan approximately half of MC Squared’s proceeds from these contracts. O’Bryan then kicked back a portion of these funds to Longmeyer. During his involvement in this scheme, O’Bryan accepted $642,201.50 in kickbacks from MC Squared and transferred a significant portion of those funds to Longmeyer.
O’Bryan pleaded guilty to three counts of bribery concerning a federally funded program in September 2016. Longmeyer pleaded guilty to a related charge and was sentenced to 70 months in prison in September 2016. Additionally, Samuel McIntosh and Myron Harrod, both affiliated with MC Squared, pleaded guilty to related charges in January 2017 and are currently awaiting sentencing.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the sentence. The U.S. Attorney’s Office was represented by Assistant U.S. Attorneys Andrew T. Boone and Kathryn M. Anderson.
Los Angeles Investment Adviser Pleads Guilty to Investment Adviser Fraud for Stealing More Than $1.5 Million from ClientsRead the Press Release
BROOKLYN, NY – Earlier today, Marc Broidy, the founder, Principal and Chief Executive Officer of Broidy Wealth Advisors, LLC, pleaded guilty to investment adviser fraud for defrauding his clients by withdrawing $640,000 in excess management fees, and misappropriating more than $865,000 worth of stock held in trusts, over which he was trustee. The guilty plea was entered before United States District Judge Eric N. Vitaliano at the federal courthouse in Brooklyn, New York. As part of his plea agreement with the government, Broidy has agreed to make restitution to the victims of his fraud. When he is sentenced, Broidy faces up to five years in prison, as well as restitution, criminal forfeiture and a fine.
The guilty plea was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office. Mr. Capers thanked the Securities and Exchange Commission for their cooperation and assistance in the investigation.
According to court filings and facts presented at the plea hearing, from approximately November 2010 to July 2016, Broidy had discretionary authority to buy and sell securities in brokerage accounts he set up for his clients and was permitted to deduct management fees from those accounts as compensation. For three of his clients, instead of deducting the amounts he was permitted to bill, Broidy took more than $640,000 in excess fees. To hide his theft, Broidy falsified many of those clients’ Internal Revenue Service Form 1099s so that the forms reflected far less in management fees than Broidy actually took.
One client discovered the theft and forced Broidy to repay the stolen fees in a settlement. To pay the settlement and other personal expenses, such as credit card bills and house and car payments, Broidy sold more than $865,000 worth of stock held in trust accounts that another client had established for his children, and for which he had appointed Broidy trustee. Broidy also encouraged several clients to invest in startup companies that had agreed to pay Broidy a percentage of any money Broidy raised for the companies, but did not disclose his arrangement to his clients.* * *
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Matthew Amatruda is in charge of the prosecution.
* * *
The Defendant:
MARC BROIDY
Age: 43
Los Angeles, California
E.D.N.Y. Docket No. 17-CR-064 (ENV)
Loris Man Enters Guilty Plea in Federal Court on Gun and Drug ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Norad Arcane McCullough, age 24, of Loris, pled guilty on Monday in federal court in Florence, to possession with intent to distribute heroin, a violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C) and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on October 21, 2016, a Conway car dealership notified the Horry County Police Department that they had located a backpack in a car they had repossessed which contained a firearm and what appeared to be heroin. Shortly after officers arrived at the scene, McCullough called the dealership and stated that his backpack had been left in the car that was repossessed and that he was coming to pick it up. When McCullough arrived and claimed the backpack, he was arrested. McCullough admitted that the firearm and the 90 bundles of heroin belonged to him. McCullough also told law enforcement that he had been distributing the heroin. Individuals who sell illegal drugs while armed with a firearm are subject to prosecution under Title 18, United States Code, Section 924(c) due to the inherent danger of violence created by the presence of the firearm.Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years on the drug charge and a mandatory minimum sentence of five years and a maximum of life in prison on the firearms charge.
The case was investigated by agents of the Horry County Police Department. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Loris Man Enters Guilty Plea in Federal Court on Drug ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Christian Alexander Gause, age 29, of Loris, pled guilty on Monday in federal court in Florence, to possession with intent to distribute heroin, marijuana, cocaine, cocaine base, and Alprazolam, a violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on March 31, 2016, narcotics agents with Horry County Police Department executed a search warrant at Gause's home in Loris, South Carolina. Gause was arrested and agents seized 40 grams of heroin, 11 grams of crack cocaine, 13 grams of cocaine, a quantity of marijuana, and 54 Alprazolam tablets. The search was based on previous purchases of illegal narcotics from Gause at that location. At the time of his arrest, Gause was on federal supervised release for a prior offense for a federal gun violation.Ms. Drake stated the maximum penalty the defendant can receive is a maximum term of imprisonment of 20 years and fine of $250,000.
The case was investigated by agents of the Horry County Police Department. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Lehigh Acres Convicted Felon Sentenced for Gun and Drug CrimesRead the Press Release
Fort Myers, FL – United States District Judge Sheri Polster Chappell today sentenced James Thomas Bissell (32, Lehigh Acres) to 12 years and 7 months in federal prison for possession with the intent to distribute and distribution of cocaine and heroin; possession with the intent to distribute cocaine, heroin, hydrocodone, marijuana, alprazolam, and morphine; and possession of firearms as a convicted felon.
Bissell was indicted on February 3, 2016.
According to the plea agreement, on October 23, 2015, Bissell sold cocaine and heroin to an undercover detective from the Lee County Sheriff’s Office from his home in Lehigh Acres. On December 3, 2015, the Lee County Sheriff’s Office executed a search warrant at the home and recovered six types of controlled substances that Bissell was holding for distribution, along with 28 firearms and cash. As a convicted felon, Bissell was prohibited from possessing firearms, two of which had been previously reported stolen.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Jesus M. Casas and David G. Lazarus.
This is another case prosecuted as a 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. McCrary, 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.
Laurens Man Enters Guilty Plea in Federal Court on Marriage Fraud ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jason Bolt, age 39, of Laurens, South Carolina, pled guilty on Monday in federal court in Florence, to Conspiracy to Commit Marriage Fraud, a violation of Title 18, United States Code, Section 371. United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that Bolt was involved in a marriage fraud conspiracy involving a number of Brazilian aliens who were paying US citizens to enter into fraudulent marriages with them in order to gain United States citizenship.Bolt was paid between $9,000 and $10,000 to enter into a fraudulent marriage with one of the Brazilian defendants who was eventually successful in obtaining United States citizenship through this fraud.
Staged photographs of Bolt and this Brazilian defendant were taken, and fraudulent affidavits falsely claiming that Bolt and this Brazilian defendant lived together were submitted, all for the purpose of corroborating this sham marriage.
Ms. Drake stated the maximum penalty the defendant can receive is a fine of $250,000 and/or imprisonment for 5 years, plus a special assessment of $100.
The case was investigated by agents of the ICE-Homeland Security Investigations. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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Johnsonville Man Enters Guilty Plea in Federal Court on Charges of Conspiracy to Distribute HeroinRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Kenneth Andrew Generette, age 30, of Johnsonville, pled guilty on Monday in federal court in Florence to conspiracy to possess with intent to distribute and distribution of 100 grams or more of heroin, a violation of Title 21, United States Code, Section 846. United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that the Florence County Sheriff’s Office (FCSO) and the Federal Bureau of Investigation (FBI) conducted an investigation of individuals distributing heroin in the Hemingway and Johnsonville areas of South Carolina. During the investigation, Generette was identified as a heroin supplier in the area. As part of the investigation, FCSO investigators made two controlled purchases of a quantity of heroin from Generette. In October 2016, Generette was arrested on a federal arrest warrant. During his arrest, officers found an additional quantity of heroin in the home where Generette was residing.Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years and a fine of $5,000,000.
The case was investigated by agents with the Florence County Sheriff’s Office and the Federal Bureau of Investigation (FBI). Assistant United States Attorney Chris Taylor of the Florence office handled the case.
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Irvin Gonzalez Indicted in El Paso for Re-Entry After DeportationRead the Press Release
In El Paso, a federal grand jury has returned an indictment against 33-year-old Irvin Gonzalez, a Mexican National, for illegally re-entering the United States after being deported announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
The indictment, returned late yesterday afternoon, alleges that on February 9, 2017, Gonzalez was found in the United States after having been deported from the country in January 2016 and without the express consent to re-apply for admission from the United States Attorney General and the Secretary of Homeland Security.
According to court records, Gonzalez, who also goes by the names Irvin Edamir Gonzalez-Torres, Ervin Gonzalez, and Ervin Edamin Gonzalez, was found on the morning of February 9, 2017, by HSI Task Force agents as the defendant was appearing for a court hearing at the El Paso County Courthouse. Court records also reflect that Gonzalez was convicted in the Western District of Texas for re-entry after deportation and possession of stolen mail and was sentenced on October 28, 2015, to imprisonment for one year. Federal authorities have removed Gonzalez from the United States on five different occasions dating back to 2011.
Gonzalez remains in federal custody. Upon conviction, Gonzalez faces up to ten years in federal prison. No further court dates have been scheduled.
This investigation was conducted by HSI. Assistant United States Attorney Steve Jurecky is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.