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2 March 2017
Irondequoit Police Officer Charged with Cyber Stalking His Ex-GirlfriendRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that William Robert Rosica, 50, of Irondequoit NY, was arrested and charged by criminal complaint with stalking and unlawful access to a protected computer. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, following the victim (L.M.) decision to end a three-year relationship with Rosica in February 2016, the defendant set out on nearly a year-long campaign to harass and torment the woman. Between March 2016 and February 28, 2017, the defendant targeted the victim with a barrage of harassing text messages, phone calls, and emails. In addition, the victim's work email account and online medical system had numerous unauthorized access attempts. Rosica also targeted the victim's ex-husband and co-workers.The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on March 3, 2017, at 10:30 a.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and New York State Police under the direction of Major Richard Allen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Indictment: Claiming to be Blind, Defendant Drove to AppointmentsRead the Press Release
WICHITA, KAN. – An Army veteran from Reno County has been indicted on federal charges of collecting $63,000 in benefits by pretending to be blind, U.S. attorney Tom Beall said today.
Billy J. Alumbaugh, 61, and his ex-wife, Debra K. Alumbaugh, both of Turon, Kan., are charged with one count of conspiracy to defraud the government and one count of theft of government funds. An indictment unsealed today alleges Alumbaugh fraudulently received a supplemental monthly pension by claiming he was legally blind and needed assistance to perform routine activities. Alumbaugh falsely claimed he was unable to drive and needed assistance with tasks such as reading medication labels, grocery shopping and going to doctor appointments.
The indictment alleges Alumbaugh made periodic trips to the Veterans Administration hospital in Wichita, where specialists were unable to identify medical reasons for his blindness. From 2009 to 2016, while he was receiving supplemental assistance, he maintained a Kansas driver’s license that did not require corrective lenses. He routinely drove his car during that time.
On October 2016 he was seen with his ex-wife arriving at the VA hospital in Wichita. She was driving and helped him out of the car and into the building. She did the same when the appointment was over. After driving a few blocks, they stopped the car and switched seats so he could drive.
If convicted, they face up to five years in federal prison and a fine up to $250,000 on the conspiracy charge, and up to 10 years and a fine up to $250,000 on the theft count. The Veterans Administration Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Independence Woman Sentenced for Murder-for-Hire SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., woman was sentenced in federal court today for using a telephone in the commission of a murder-for-hire scheme.
Teresa Owen, 63, of Independence, was sentenced by U.S. District Judge Beth Phillips to four years in federal prison without parole. Owen has been in federal custody without bail since her arrest on June 18, 2015.
Owen, who pleaded guilty on Sept. 23, 2016, admitted that she had contact with two separate individuals via telephone and offered them money to kill a person identified in court documents as “B.H.” Owen spoke with an acquaintance and later with an undercover police officer to discuss (or arrange to meet to discuss) the murder of B.H.
Owen also admitted that she met with an undercover officer in Independence on June 10 and 11, 2015. During the meetings, Owen asked the undercover officer to kill B.H. and agreed to pay the undercover officer $700 for the murder of B.H. Owen used her phone to access Facebook photos of B.H. in order to identify B.H. to the undercover officer. She also provided written identification and location information for B.H., and made a payment of $200 to the undercover officer on June 11, 2015.
This case was prosecuted by Assistant U.S. Attorney Alison D. Dunning. It was investigated by the Independence, Mo., Police Department and the FBI.
Illegal Alien Enters Guilty Plea in Federal CourtRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jose Hernandez Guerrero, age 38, of Pamplico, South Carolina, pled guilty on Monday in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 18, United States Code, Section 1326(a)(2). 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 October 19, 2016, ICE-ERO Officers discovered that Jose Guerrero, a native and citizen of Mexico, had been arrested by the SC Highway Patrol for DUI and Driving Without a License.
In 2004 Guerrero was deported from the United States back to Mexico after having been convicted of felony charges in Texas in 2003.
Ms. Drake stated the maximum penalty the defendant can receive is a fine of $250,000 and/or imprisonment for 10 years, plus a special assessment of $100.
The case was investigated by agents of the ICE-ERO Homeland Security Investigations. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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Illegal Alien Enters Guilty Plea in Federal CourtRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Efran Bautista-Ayala, age 44, of Myrtle Beach, South Carolina, pled guilty on Monday in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 18, United States Code, Section 1326(a)(2). 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 November 9, 2016, ICE-ERO Officers discovered that Efran Bautista-Ayala, a native and citizen of Mexico, had been arrested by state law enforcement for DUI and Driving Without a License.In 2006, Bautista-Ayala was deported from the United States back to Mexico after having been convicted of felony charges in California in 2005.
Ms. Drake stated the maximum penalty this defendant can receive is a fine of $250,000 and/or imprisonment for 10 years, plus a special assessment of $100.
The case was investigated by agents of the ICE-ERO Homeland Security Investigations. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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INTERPOL Fugitive Wanted for Murder Arrested by U.S. Marshals Task ForceRead the Press Release
Hackensack, NJ - The subject of an INTERPOL Red Notice, wanted for a July 10, 2016, murder in the Dominican Republic, was arrested Thursday, February 23, by U.S. Marshals and Immigrations & Customs Enforcement (ICE) agents with the New York/ New Jersey Regional Fugitive Task Force. INTERPOL Washington—the U.S. National Central Bureau (USNCB)--provided critical assistance during the investigation.
Kelbin Perez De Los Santos was being sought on an international arrest warrant for fatally shooting a man with a shotgun in a restaurant after a verbal altercation. The incident occurred in Los Girasoles near the capital city of Santo Domingo. Perez De Los Santos is thought to have fled the Dominican Republic shortly after the incident. The INTERPOL National Central Bureau in Santo Domingo issued a Red Notice in August 2016 requesting Perez De Los Santos’ arrest.
After receiving information from INTERPOL that Perez De Los Santos could be in the United States, the U.S. Marshals International Investigations Branch determined that the fugitive was likely residing in the Hackensack area, and on Thursday, members of the U.S. Marshals New York/New Jersey Regional Fugitive Task Force, along with ICE Enforcement and Removal Operations agents, tracked Perez De Los Santos to an apartment where he was arrested on immigration violations.
De Los Santos is currently being held in the custody of ICE and is facing deportation back to the Dominican Republic.
The U.S. Marshals Service is the primary agency within the federal government responsible for locating and apprehending fugitives who are wanted by foreign countries and who have been identified and located in the United States. Cases are referred to the U.S. Marshals Service through INTERPOL Washington (USNCB), the Department of Justice-Office of International Affairs (DOJ-OIA), and through foreign embassies in the United States.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to the International Criminal Police Organization on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov.
Honduran Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that OSCAR OMAR CAMPOS-ROJAS, age 27, a native of Honduras, pled guilty today to a one-count Indictment charging him with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, CAMPOS-ROJAS, was previously removed from the United States on April 4, 2011. He was later found in the Eastern District of Louisiana on August 17, 2015, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
CACERES-GUERRERO faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Court Judge Jane Triche Milazzo set sentencing for x x, 2017.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Honduran Charged with Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MARLIN CACERES-GUERRERO, age 28, a native of Honduras, was charged today in a one-count Indictment with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to the Indictment, CACERES-GUERRERO, was previously removed from the United States on May 3, 2013. He was later found in the Eastern District of Louisiana on February 21, 2017, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
If convicted, CACERES-GUERRERO faces a maximum term of imprisonment of two years, a fine of $250,000, one year of supervised release, and a $100 special assessment fee.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Gang Lieutenant Sentenced to 35 Years for Violent CrimesRead the Press Release
NEWPORT NEWS, Va. – Darius Crenshaw, 30, of Newport News, was sentenced today to 35 years in prison for various violent crimes he committed he was a high-ranking member of the Black P-Stones gang in Newport News.
Crenshaw was a lieutenant in the Black P-Stones gang, which was involved in the distribution of narcotics, the robbery of multiple individuals and the death of at least three individuals. Crenshaw was personally responsible for the murder of Erique Shaw on Nov. 6, 2007.
Crenshaw pleaded guilty to a racketeering conspiracy on Nov. 17, 2016. According to court documents, Crenshaw recruited other individuals into the gang. On Nov. 6, 2007, Crenshaw lured another member of the Black P-Stones to a location in Newport News where he shot him to death. This murder resulted from Crenshaw’s belief that the other P-Stones member had been associating with members of a rival gang.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Eric M. Hurt and Trial Attorney Marianne Shelvey of the Organized Crime and Gang Section prosecuted 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. 4:13-cr-96.
Fraudster Sentenced for $25 Million ID Theft and Money Laundering ConspiracyRead the Press Release
ALEXANDRIA, Va. – Amit Chaudhry, 44, of Ashburn, was sentenced today to nine years in prison for his role and participation in a sophisticated and large-scale identity theft and credit card fraud conspiracy that resulted in a loss of over $25 million. Chaudhry was also ordered to pay $4.1 million in restitution.
Chaudhry pleaded guilty on Sept. 22, 2016, to charges of conspiracy to commit money laundering, aggravated identity theft, and conspiracy to commit visa fraud. According to court documents, Chaudhry is an Indian national who became a naturalized U.S. citizen in 2005. Beginning in 2011, Chaudhry was part of a large, international wire fraud and money laundering conspiracy that involved processing stolen credit card numbers and laundering the proceeds through hundreds of bank accounts. Some of these bank accounts were set up in the name of shell companies, which did no real business. This fraud and money laundering conspiracy was carried out in part by teams of individuals working together in India, the United States, Europe and elsewhere. Some members would obtain the personal identifying information of real people; other members would obtain the credit card information from actual credit card customers, and yet others would be responsible for electronically processing the stolen credit card transactions. Chaudhry helped laundering the proceeds of the credit card fraud and assisting co-conspirators who would come to the United States from India to open bank accounts used to hold and receive fraud proceeds.
According to court documents, Chaudhry also helped conceal and launder proceeds from a fraud scheme that targeted customers seeking cheap travel, including airline tickets and hotel reservations. Chaudhry helped to promote the fraudulent travel websites, including through mass mailings to prospective customers. Other members of the conspiracy would hold themselves out as prospective travel agents to customers. Customers’ travel itineraries would be purchased with stolen credit cards, which often resulted in those reservations being canceled. The customer’s money would be held and transferred among bank accounts controlled by members of the conspiracy, including Chaudhry. There were more than 1,000 victims from this fraud, which used various sophisticated means to conceal the identities of the conspirators.
According to court documents, Chaudhry was also involved in a separate money laundering conspiracy with Jacqueline Green-Morris, who previously pleaded guilty to money laundering conspiracy. Chaudhry and Green-Morris came up with a fraudulent billing scheme, whereby Chaudhry would submit inflated and fraudulent invoices for IT training to Victim A, a contractor based in Virginia. Green-Morris used her position as an employee at Victim A to pay these fraudulent invoices. Chaudhry and Green-Morris split the fraud proceeds, which totaled approximately $4.1 million between 2012 and June 2016.
According to court documents, from at least 2001 and through at least June 2016, Chaudhry and others conspired to commit visa fraud by submitting false and fraudulent H-1B visa applications by and through various entities that the Chaudhry and others owned and controlled, including Networkxchange, Technologyxchange, Secure Networks, and the Knowledge Center. The conspiracy involved the submission of false and fraudulent applications and supporting documentation to the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS). Some of these documents were signed using the name John King, a journalist who is CNN’s chief national correspondent.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office; Thomas J. Holloman, Acting Special Agent in Charge, Washington D.C. Field Office, IRS-Criminal Investigation (IRS-CI); Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington; Joseph W. Cronin, Acting Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; and Christian Schurman, Acting Director of the Diplomatic Security Service (DSS) for the U.S. Department of State, made the announcement after sentencing by U.S. District Judge James C. Cacheris. Assistant U.S. Attorneys Katherine L. Wong and Kimberly R. Pedersen prosecuted 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-211.
Fraudster Heads to Prison for Counterfeit Money and Other ChargesRead the Press Release
CORPUS CHRISTI, Texas – A 43-year-old Corpus Christi man has been ordered to federal prison for counterfeiting U.S. currency, credit card fraud and aggravated identity theft, announced U.S. Attorney Kenneth Magidson. Arturo Garcia pleaded guilty Nov. 18, 2016.
At a sentencing hearing today, U.S. District Judge Nelva Gonzales Ramos ordered Garcia to serve a total of 24 months for each for the counterfeiting and credit card fraud convictions, to be served concurrently. In addition, he was ordered to serve a mandatory 24 months for the identity theft that must be served consecutively to the other sentence imposed. His total 48-month-term will be immediately followed by three years of supervised release. In determining Garcia’s sentence, Judge Ramos concluded that through his schemes, Garcia had victimized at least 128 people. Restitution will be determined at a later date.
During early 2015, a number of large apartment complexes in the Corpus Christi area were suffering from regular mail thefts at the community cluster mailboxes. Apartment residents reported that checks and credit cards were stolen from their mail were and used to defraud local merchants.
Authorities began an investigation and observed Garcia breaking into an apartment cluster mail box on April 17, 2015. The agent was unable to apprehend Garcia at that time, but recovered a firearm Garcia dropped as he fled. He was later identified on video surveillance at a pawn shop buying jewelry with a credit card in another person’s name which had been stolen from the mail.
On Feb. 29, 2016, authorities executed an arrest warrant for Garcia at a residence in Corpus Christi. At that time, they discovered a large quantity of stolen mail and a counterfeit currency printing operation within the residence. The investigation determined Garcia had been printing counterfeit money for more than six months and passing the fake bills in the Corpus Christi area.
The U.S. Postal Inspection Service and the Secret Service conducted the investigation with assistance of the U.S. Marshals Service and the Corpus Christi Police Department. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
Four Individuals Indicted for Role in Drug Distribution ConspiraciesRead the Press Release
A federal indictment was unsealed today in San Antonio, Texas, charging four individuals for their roles in a cocaine distribution conspiracy, announced the Department of Justice.
Jesus Armando Chavez, 40, and Michelle Chavez, 35, both of Del Rio, Texas; Jose Luis Balderas, 29, of Eagle Pass, Texas; and Javier Hernandez, 31, of San Antonio, are charged in a 14-count indictment unsealed today in the Western District of Texas with conspiracy to distribute and possess with intent to distribute cocaine and possession with intent to distribute cocaine. On March 2, the defendants were arrested and appeared for their initial appearances before U.S. Magistrate Judge John W. Primomo in San Antonio.
According to the indictment, between August 2014 and May 2016, the defendants allegedly knowingly and intentionally conspired with each other to possess and distribute narcotics, including cocaine, in the Western District of Texas.
The defendants face a statutory maximum sentence of 20 years in prison, if convicted on the charges.
An indictment is merely an allegation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI, the Drug Enforcement Administration, the U.S. Immigration And Customs Enforcement’s Homeland Security Investigations, and the Texas Department of Public Safety investigated the case. Assistant U.S. Attorney Charlie Strauss for the United States is prosecuting the case.
Chavez Balderas Hernandez IndictmentFour Fairbanks Residents Charged in a 15-Count Indictment with Conspiracy, Bank Fraud and Aggravated Identity TheftRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that four Fairbanks residents were charged in a 15-count indictment alleging that the four conspired to obtain checks stolen from the mail and a local business, and then negotiated the stolen checks at different banks and stores in Fairbanks.
Shawn DeHart, 44, Jeremy David McGee, 51, Jonathon Gustafson, 27, and Nathan Lehman, 28, all of Fairbanks, were charged in a 15-count indictment that includes charges of conspiracy, bank fraud, possession of stolen mail, and aggravated identity theft.
According to Assistant U.S. Attorney Aunnie Steward, who presented the case to the grand jury, DeHart, McGee, Gustafson and Lehman conspired together to use stolen checks at banks and stores in Anchorage from October 2016 to December 2016, when they were caught.
DeHart and McGee appeared in court today on the charges. Lehman and Gustafson are scheduled to appear in court on March 21, 2017.
The law provides for a maximum sentence of 30 years in prison and a fine of $1 million or both. Under federal sentencing statutes, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The Alaska State Troopers, with assistance from the United States Postal Inspection Service, conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Founder of Suburban Tech Company Sentenced to 9 Years for Defrauding Investors out of More Than $9 MillionRead the Press Release
CHICAGO — The founder of a northwest suburban tech company has been sentenced to nine years in federal prison for defrauding investors out of more than $9 million.
GREGORY WEBB, 71, the founder and Chief Executive Officer of Elk Grove Village-based InfrAegis Inc., was convicted last year on nine counts of mail and wire fraud for fraudulently raising more than $9 million from more than 200 investors. In written materials and telephone conference calls with investors between 2007 and 2012, Webb falsely portrayed InfrAegis as a successful company with growing stakes in the science and technology field. Among other things, Webb told investors that the company had signed or was on the verge of signing billion-dollar contracts with government agencies and municipalities across the world, including Chicago. The company’s products purportedly could protect the public from terrorist attacks by recognizing individuals on the terrorist watch list and instantaneously detecting biological, chemical and radiological threats on city streets, as well as by identifying harmful bacteria and other threats to the world’s food and water supply.
In reality, InfrAegis was not in a position to deploy any of its products because they had never been fully developed or tested, and the company had never signed contracts or even came close to signing contracts for the deployment of its products. The investors, some of whom included Chicago firefighters and other first responders, never received any return on their investment in the company.
U.S. District Judge Virginia M. Kendall imposed the 108-month sentence Wednesday in federal court in Chicago. In imposing the sentence, Judge Kendall described the offense as “egregious,” and noted it was “heartbreaking” to read letters that victims had submitted to the Court.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The U.S. Securities and Exchange Commission, which filed a civil enforcement action against Webb and InfrAegis, provided valuable assistance.
“Defendant engaged in a multi-year, multi-million-dollar fraud scheme designed to extract as much money as he could from trusting investors by lying to them,” Assistant U.S. Attorneys Kruti Trivedi and Rick D. Young argued in the government’s sentencing memorandum. “Defendant’s actions have had and will continue to have long-term consequences for many of these victims.”
Evidence at Webb’s trial revealed that more than $500,000 was paid to Webb and his spouse between 2007 and 2012. The company also spent more than $800,000 to pay corporate credit cards that were used to charge Webb’s daily living expenses, including charges at restaurants, grocery stores, gas stations, tobacco stores, a movie theatre, a sporting goods store, and an Apple iTunes account.
Webb, of Dallas, Tex., formerly resided in Arlington Heights. InfrAegis is now defunct.
Fort Thompson Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.
Kyle Marks, age 32, was sentenced to 30 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marks was indicted by a federal grand jury on November 9, 2016. He pled guilty on December 20, 2016.
The conviction stems from Marks failing to register as a sex offender, as required by federal law, between September 1, 2016, and October 12, 2016. Marks had previously been convicted of a sex offense in federal court, which required him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Marks was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Gordon Bagola, age 62, was indicted on February 15, 2017. He 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 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 31, 2016, Bagola unlawfully assaulted a male with a knife, which resulted in serious bodily injury.
The charges are merely accusations and Bagola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Bagola was released on bond pending trial, which has been set for April 18, 2017.
Former Social Security Administration Employee and Two Others Indicted for Stealing IDsRead the Press Release
A federal grand jury in the Eastern District of New York returned indictments separately charging three Queens, New York residents with identity theft-related crimes, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictments, which were unsealed today, Sharon Coffee-Dean, a former Social Security Administration (SSA) employee, Kishore Jattan and Michael Bratton were each indicted for aggravated identity theft, misusing stolen social security numbers and fraudulent activity in connection with identification documents. Coffee-Dean was also indicted for conspiring to defraud the SSA and Bratton was also indicted for conspiring to defraud the Internal Revenue Service (IRS).
The indictment against Coffee-Dean alleges that from approximately December 2011 through January 2012, she stole the IDs of 41 people from SSA records, which she then sold to other individuals who used them to file fraudulent tax returns with the IRS. If convicted, Coffee-Dean faces a statutory maximum sentence of five years in prison for conspiracy, five years for fraud and related activity in connection with means of identification, 10 years for the misuse of a social security number as an SSA employee and a mandatory minimum of two years in prison for aggravated identity theft. She also faces a term of supervised release, restitution and monetary penalties.
The indictment against Jattan alleges that while working as a messenger, from April through June 2012, he stole student IDs from packages he delivered for a University located in New York and sold the stolen IDs to other individuals who used the IDs to file fraudulent tax returns with the IRS. If convicted, Jattan faces a statutory maximum sentence of five years for fraud and related activity in connection with means of identification, five years for misuse of a social security number and a mandatory minimum sentence of two years in prison for aggravated identity theft. He also faces a term of supervised release, restitution and monetary penalties.
The indictment against Bratton alleges that from January 2011 through June 2012, he purchased stolen IDs, which he provided to a co-conspirator for the purpose of filing fraudulent tax returns with the IRS. If convicted, Bratton faces a maximum of five years for misuse of a social security number and a mandatory minimum of two years in prison for aggravated identity theft. He also faces a term of supervised release, restitution and monetary penalties. An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS–Criminal Investigation, U.S. Postal Inspection Service, and the SSA Office of the Inspector General, New York Field Division, who conducted the investigations, and Trial Attorneys Mark Kotila and Ann M. Cherry of the Tax Division, who are prosecuting these cases.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Former Chesapeake Fire Lieutenant Sentenced for Online Coercion and Enticement of MinorsRead the Press Release
NORFOLK, Va. – Thomas W. Almberg, 50, of Virginia Beach, was sentenced today to 126 months in prison for charges of coercing and enticing minors to engage in illegal sexual activity. Almberg was also sentenced to 25 years of supervised release and ordered to register as a sex offender upon release from prison.
Almberg pleaded guilty on Oct. 18, 2016. According to court documents, Almberg, a former lieutenant in the Chesapeake Fire Department, frequented several social media sites looking to chat with teenage girls. In January 2016, he met a 15-year-old boy pretending to be a 16-year-old girl on the interactive video game Clash of Clans and the two began chatting and text messaging. Over the next two months, the two exchanged over 8,000 text messages, often while Almberg was on duty and at his fire station. The conversations quickly grew to be sexually graphic, including Almberg sending sexually explicit photographs and requesting that the teen reciprocate. In April, Almberg met a 16-year-old girl on a different mobile chat application and their conversations quickly became sexual in nature, including the exchange of sexually explicit photographs. In May 2016, Almberg traveled to this victim’s workplace in North Carolina and propositioned her for sex. She declined, he left, and was taken into custody shortly thereafter.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Col. K.L. Wright, Chesapeake Chief of Police; and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after sentencing by U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney V. Kathleen Dougherty prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-136.
Former Arkansas State Senator and Two Others Charged with Bribery and Fraud SchemeRead the Press Release
A former Arkansas state senator, a college president and a consultant were charged in an indictment filed for perpetrating a bribery and fraud scheme involving tens of thousands of dollars in bribes provided to the senator and another legislator in exchange for directing approximately $600,000 in government funds to two non-profit entities, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Elser of the Western District of Arkansas.
Jonathan E. Woods, 39, of Springdale, Arkansas, was charged with 11 counts of honest services wire fraud, one count of honest services mail fraud and one count of money laundering. Oren Paris III, 49, also of Springdale, and Randell G. Shelton Jr., 37, of Alma, Arkansas, were each charged with nine counts of honest services wire fraud and one count of honest services mail fraud. The defendants’ arraignments will be scheduled at a later date.
As alleged in the indictment, Woods served as an Arkansas state senator from 2013 to 2017. Between approximately 2013 and approximately 2015, Woods used his official position as a senator to appropriate and direct government money, known as General Improvement Funds (GIF), to two non-profit entities by, among other things, directly authorizing GIF disbursements and advising other Arkansas legislators – including former state representative Micah Neal – to contribute GIF to the non-profits. Specifically, Woods and Neal authorized and directed the Northwest Arkansas Economic Development District, which was responsible for disbursing the GIF, to award a total of approximately $600,000 in GIF money to the two non-profit entities. The indictment further alleges that Woods and Neal received bribes from officials at both non-profits, including Paris, who was the president of a college. The indictment alleges that Woods initially facilitated $200,000 of GIF money to the college and later, together with Neal, directed another $200,000 to the college, all in exchange for kickbacks. To pay and conceal the kickbacks to Woods and Neal, Paris paid a portion of the GIF to Shelton’s consulting company. According to the indictment, Shelton then kept a portion of the money and paid the other portion to Woods and Neal. Paris also bribed Woods, the indictment alleges, by hiring Woods’s friend to an administrative position at the college.
For his part in the scheme, Neal pleaded guilty on Jan. 4, 2017, before U.S. District Judge Timothy L. Brooks of the Western District of Arkansas to one count of conspiracy to commit honest services fraud. Sentencing will be scheduled at a later date.
The charges and allegations contained in an indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI and the Internal Revenue Service investigated the case. Trial Attorney Sean Mulryne of the Criminal Division’s Public Integrity Section and U.S. Attorney Elser and Assistant U.S. Attorneys Kyra Jenner and Ben Wulff of the Western District of Arkansas are prosecuting the case.
Any information regarding public corruption can be provided to the FBI in Little Rock through their public corruption hotline, which is 501-221-8200.
Woods IndictmentFlorida Man Pleads Guilty to Software Piracy SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Fort Lauderdale, Fla., man pleaded guilty in federal court today to his role in an international, multi-million-dollar software piracy scheme.
David Reece, 47, of Fort Lauderdale, waived his right to a grand jury and pleaded guilty before U.S. Chief District Judge Greg Kays to a federal information that charges him with conspiracy.
Investigators have seized more than $20 million in assets from conspirators in separate but related cases, who are estimated to have sold in excess of $100 million worth of illicit, unauthorized and counterfeit software products to thousands of online customers. Reece admitted today that he received approximately $2.5 million worth of illicit software key cards.
By pleading guilty today, Reece admitted that he conspired with others – including Casey Lee Ross, 30, of Kansas City, Mo., and another individual in the People’s Republic of China – to smuggle illegal merchandise into the United States and distribute it to others. Reece bought and sold illicit and/or unauthorized Microsoft Office product key cards. (Product key cards contain codes that are used to obtain full access to licensed versions of copyrighted Microsoft software programs, in this case, purportedly for Lenovo computers.)
Reece purchased large volumes of Microsoft Office product key cards from Ross and the Chinese co-conspirator. Reece then resold them to other illicit software suppliers and customers. Among Reece’s customers are two co-conspirators identified in court documents as “Individual I” and “Individual J,” who were operating in Texas.
Reece admitted that, between Sept. 21, 2013, and March 14, 2015, he received approximately 20 physical shipments of contraband, with each shipment containing approximately 500 Microsoft Office “Lenovo” product key cards, for a total of approximately 10,000 contraband items. At an estimated loss of $250 per item, this constitutes a total loss of approximately $2.5 million.
Reece is the eighth defendant charged in the software piracy scheme and the seventh defendant to plead guilty.
The investigation began when federal agents in Kansas City, Mo., learned in 2013 that Ross, the owner of Software Slashers, had purchased (and redistributed) tens of thousands of illegitimate and unauthorized Microsoft product key codes and counterfeit product key cards from sources in China. Ross has pleaded guilty to his role in the conspiracy and was sentenced to five years of probation.
Under federal statutes, Reece is subject to a sentence of up to five years in federal prison without parole. 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. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Patrick D. Daly and Curt Bohling. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Florence 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 Henry Quaysean Thomas, age 40, of Florence, pled guilty on Monday in federal court in Florence, to possession with intent to distribute marijuana and crack cocaine, 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 May 18, 2016, members of the Florence County Sheriff’s Office executed a search warrant on a room at local Florence hotel. Thomas was arrested and officers seized 78 grams of marijuana, 7 grams of crack cocaine, and $930 in cash. The search warrant was based on previous controlled buys of illegal narcotics from Thomas at that location. Thomas later admitted to law enforcement that he was selling illegal drugs from that location.
Ms. Drake stated the maximum penalty defendants can receive is a fine of $250,000 and/or imprisonment for 20 years, plus a special assessment of $100.
The case was investigated by agents of the Florence County Sheriff’s Office. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Felon from Roswell Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Stephen Daniel Sanchez, 41, of Roswell, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing a firearm.
Sanchez and his co-defendant Melodie Ann Andrews, 29, also of Roswell, were charged by criminal complaint with being felons in possession of firearms and ammunition on July 28, 2016, in Chaves County, N.M. According to the criminal complaint, law enforcement officers executed search warrants on the vehicle and the residence of Sanchez and Andrews on July 28, 2016, and seized approximately 12.1 grams of methamphetamine, 0.4 grams of marijuana, drug paraphernalia, firearms and ammunition, and $3,376 in cash. At the time, Sanchez was prohibited from possessing firearms and ammunition because he previously had been convicted of second degree murder in 1996. Andrews also was prohibited from possessing firearms and ammunition because she previously had been convicted of misprision of a felony in 2008.
During yesterday’s proceedings, Sanchez pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Sanchez admitted that on July 28, 2016, he possessed a firearm despite his prior conviction of second degree murder in Chaves County in 1996. At sentencing, Sanchez faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
Andrews has entered a plea of not guilty to the criminal complaint. If convicted of the charge in the complaint, Andrews faces a maximum penalty of ten years in federal prison. Charges in complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chaves County Metro Narcotics Task Force, and the Roswell Police Department. Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Federal Grand Jury Returns Superseding Indictment Against Bandidos Outlaw Motorcycle Organization LeadershipRead the Press Release
In San Antonio, a federal grand jury has returned a second superseding indictment against the highest ranking leaders of the Bandidos Outlaw Motorcycle Organization (OMO), adding four new defendants and additional murder-related charges.
That announcement was made today by United States Attorney Richard L. Durbin, Jr., Western District of Texas; Drug Enforcement Administration (DEA) Special Agent in Charge Joseph M. Arabit, Houston Division; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; Austin Police Chief Brian Manley; and, San Antonio Police Chief William McManus.
This morning, federal, state and local authorities arrested 47–year-old Bandidos National Sergeant at Arms Johnny Romo (aka “Downtown Johnny”) of San Antonio; 45-year-old Bandidos San Antonio Centro Chapter member Robert Romo of San Antonio; 40-year-old Bandidos San Antonio Centro Chapter Sergeant at Arms Jesse James Benavidez (aka “Kronic”) of San Antonio; and, 35-year-old Bandidos San Antonio Centro Chapter member Norberto Serna, Jr. (aka “Hammer”) of San Antonio for their roles in the 2006 murder of Anthony Benesh. Authorities apprehended Johnny Romo in Waco, TX; the other three, in San Antonio. The 12-count second superseding indictment, unsealed late this afternoon in San Antonio, charges all four with one count of discharging a firearm during a murder in aid of racketeering. Johnny Romo and Robert Romo are also charged with murder in aid of racketeering.
The indictment alleges that Benesh was attempting to start a Texas Chapter of the Hell’s Angels OMO in Austin, Texas in 2006. Members of the Bandidos OMO warned Benesh to cease his activities and recruitment, which Benesh ignored. The four then murdered Benesh on March 18, 2006, outside an Austin restaurant to protect the power, reputation and territory of the Bandidos enterprise.
Included in the indictment are the previous federal charges filed against 61–year-old Bandidos National President Jeffrey Fay Pike of Conroe, TX, and 57–year-old National Vice President John Xavier Portillo of San Antonio. Portillo also faces a new charge (discharging a firearm during a murder in aid of racketeering) for his role in the retaliation murder of Robert Lara in January 2002 in Atascosa County for killing one of their own. Javier Negrete, a member of the same Bandidos OMO chapter as Portillo, was killed outside a San Antonio bar in October 2001.
Pike and Portillo are charged with one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute; one count of conspiracy to commit violent crimes in aid of racketeering (VICAR); and one count of conspiracy to interfere with commerce by extortion.
Portillo is also charged with: one count of VICAR (murder); two counts of aiding and abetting VICAR (assault with a deadly weapon); one count of conspiracy to possess with intent to distribute methamphetamine and cocaine; one count of possession with intent to distribute cocaine; and, one count of felon in possession of a firearm.
Pike and Portillo are accused of directing, sanctioning, approving and permitting members of the Bandidos organization to carry out racketeering acts including murder, attempted murder, robbery, assault, intimidation, extortion and drug trafficking to protect and enhance the organization’s power, territory, reputation and profits.
According to court records, the Bandidos OMO declared it was “at war” with the Cossacks OMO. The indictment specifically alleges a number of violent acts committed by Bandidos OMO members in furtherance of this “war.” The indictment also alleges that Portillo and other members of the Bandidos OMO were engaged in trafficking methamphetamine and cocaine and maintained an agreement with the Texas Mexican Mafia wherein Bandidos OMO members were not required to pay the 10-percent “dime” to the Texas Mexican Mafia in exchange for permission to traffic narcotics.
Pike is currently out on bond pending trial. Portillo remains incarcerated pending trial. Jury selection is currently scheduled for August 7, 2017. The other defendants remain in custody pending detention hearings next week before United States Magistrate Judge John Primomo in San Antonio. Upon conviction, the defendants face up to life in federal prison.
This ongoing investigation is being conducted by the FBI, DEA and Texas DPS together with the Internal Revenue Service-Criminal Investigation, U.S. Customs and Border Protection, Austin Police Department, New Braunfels Police Department, Seguin Police Department, San Antonio Police Department, Bexar County Sheriff’s Department, Atascosa County Sheriff’s Department, and the Bexar County District Attorney’s Office.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
Federal Grand Jury IndictmentsRead the Press Release
Contact Person: Lance Crick (864) 282-2100
United States Attorney Beth Drake stated today that on February 28, 2017, a Federal Grand Jury in Florence, South Carolina, returned Indictments against the following:
Conway Man Indicted on Federal Gun Charge. Benjamin Thomas Samuel McDowell, age 30, of Conway, South Carolina, was charged in a one-count indictment with possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1). The maximum possible penalty McDowell could receive is a maximum fine of $250,000.00 and/or imprisonment of 10 years. The case was investigated by agents of the Federal Bureau of Investigation (FBI), Myrtle Beach Police Department and Horry County Police Department. The case is assigned to Assistant United States Attorney Brad Parham of the Florence office for prosecution.
Illegal Alien Charged with Possession with Intent to Distribute Cocaine. William Rodriguez-Alarcon, age 39, of North Myrtle Beach, South Carolina, was charged in a four-count indictment with possession with intent to distribute and distributing cocaine, a violation of Title 21, United States Code, Section 841(A)(1). The maximum penalty Rodriguez-Alarcon could receive for each count is a maximum fine of $250,000.00 and/or imprisonment of 40 years. The case was investigated by agents of the ICE - Homeland Security Investigations and is assigned to Assistant United States Attorney Alfred W. Bethea, Jr. of the Florence office for prosecution.
The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Eight Indicted for Drug Trafficking and Firearms Offenses in Fox Valley RegionRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on February 28, 2017, a federal grand jury returned a nine-count indictment against eight individuals involved in drug trafficking in the Fox Valley area of Northeastern Wisconsin. The indictment named the following individuals:
- Brady Pomeroy (Age: 38), of Fox Crossing, Wisconsin
- Omar Sanchez (Age: 24), of Los Angeles, California
- Curtis Whitaker (Age: 24), of Appleton, Wisconsin
- Zoey Scott (Age: 20), of Fox Crossing, Wisconsin
- Zachary Hietpas (Age: 31), of Kaukauna, Wisconsin
- Teng Her (Age: 32), of Waupun, Wisconsin
- David Ly (Age: 31), of Sacramento, California; and
- Zachary Kryzaniak (Age: 23), of Green Bay, Wisconsin
All eight defendants are charged in Count One with Conspiracy to Distribute Greater Than 50 Grams of Methamphetamine in violation of Title 21, United States Code, Section 846. Each defendant faces a sentence on this count of a minimum of 10 years, and up to life, in prison; up to a $10,000,000 fine; and between 5 years and a lifetime of supervised release. Additional drug charges were issued against Sanchez, Whitaker, Scott, Pomeroy, and Hietpas. Pomeroy also faces additional firearms charges.
According to the indictment, the defendants conspired amongst themselves and with others to obtain and distribute more than 1500 grams of methamphetamine in the Fox Valley area of Northeastern Wisconsin. Multiple search warrants were executed at residences in Appleton and Fox Crossing, and a business in Fox Crossing.
The case was investigated by the Lake Winnebago Area Metropolitan Enforcement Group - Drug Unit, Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force, Oshkosh Police Department, Appleton Police Department, Outagamie County Sheriff’s Department, Winnebago County Sheriff’s Department, Fox Crossing Police Department, Grand Chute Police Department, Winnebago County District Attorney’s Office, Outagamie County District Attorney’s Office, Wisconsin State Crime Laboratory, and United States Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Andrew J. Maier.
An indictment is only a charge and 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
Eagle Butte Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 21, 2017, by U.S. District Judge Roberto A. Lange.
Duciana Eagle Chasing, a/k/a Duciana Ranay Comes Flying, age 40, was sentenced to 6 months in custody, 3 years of supervised release, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Chasing was indicted by a federal grand jury on July 19, 2016, for Distribution of a Controlled Substance between May 10, 2016, and May 27, 2016. Eagle Chasing pled guilty on November 8, 2016, admitting that she distributed methamphetamine, a Schedule II controlled substance, in South Dakota on May 10, 12, and 27, 2016.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Eagle Chasing was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Distribution of Methamphetamine and EscapeRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance and Escape was sentenced on January 3, 2017, by U.S. District Judge Roberto A. Lange.
Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was sentenced for Distribution of a Controlled Substance, to 15 months in custody, 3 years of supervised release, a $1,000 fine, and the forfeiture of $1,520.00 in U.S. currency seized by law enforcement. LeCompte was sentenced to 10 months in custody for Escape, the sentence to run concurrently with the Distribution sentence. He was further ordered to pay a special assessment of $200 to the Federal Crime Victims Fund.
LeCompte was indicted by a federal grand jury on August 16, 2016, for Distribution of a Controlled Substance. He pled guilty to Distribution of a Controlled Substance on October 4, 2016. LeCompte was also indicted by a federal grand jury on November 9, 2016, for Escape, and pled guilty to that charge on December 20, 2016.
LeCompte admitted to distributing methamphetamine, a Schedule II controlled substance, on June 25, 2016, in South Dakota, and that U.S. currency seized by law enforcement on another date was proceeds of a criminal offense.
In the Escape case, LeCompte requested and was granted a one-day furlough to attend a funeral in Eagle Butte on October 19, 2016. LeCompte admitted that he failed to return to the Hughes County Jail in Pierre that evening, as ordered by the Court. LeCompte was arrested in Cherry Creek on the evening of October 20, 2016.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the U.S. Marshals Service. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
LeCompte was immediately turned over to the custody of the U.S. Marshals Service.
Dual Citizen Convicted by Federal Jury of International Parental KidnappingRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Salih Zeki Uces (39) guilty of international parental kidnapping. Uces, a dual Turkish/United States citizen, faces a maximum penalty of three years in federal prison. His sentencing hearing is scheduled for June 5, 2017.
Uces was indicted on December 1, 2016, after being arrested at the Miami International Airport on November 10, 2016.
According to testimony and evidence presented at trial, Uces asked his estranged wife for an overnight visit with their two-year-old child at a Jacksonville hotel on September 16, 2016, and promised to return the child on the following day or the day after. Instead, he took the child to the Jacksonville International Airport and boarded a series of three flights bound for Adana, Turkey.
Two days before taking the child, Uces had gone to his estranged wife’s apartment, rifled through her personal items, and stolen her passport. While in her apartment, he also viewed a draft divorce petition in his wife’s email.
Three days before leaving, Uces signed a power of attorney over to his brother, allowing his brother to sell his car while he was in Turkey. On the day of the kidnapping, Uces closed out his safety deposit box at a local bank branch.
Uces refused his estranged wife’s requests to return the child until after he learned that a state court had issued an authorization for his arrest. Ultimately, on November 10, 2016, he returned to the United States with the child and was arrested by FBI agents. The child was immediately returned to her mother.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Kelly Karase.
District of Columbia man pleads guilty to federal gun crimeRead the Press Release
BECKLEY, W.Va. – A District of Columbia man pleaded guilty today to a federal gun charge, announced United States Attorney Carol Casto. Nicholas Loukas, 31, entered his guilty plea to conspiracy to make false statements on records kept by licensed firearms dealers.
Loukas admitted that in September 2015, he directed others to purchase firearms for him so that he would not be named in records required to be maintained by federally-licensed firearms dealers. When the purchases were made, the buyers listed their names on the forms required by the Bureau of Alcohol, Tobacco, Firearms and Explosives, instead of Loukas’ name. Loukas further admitted that four handguns were purchased for him by others at Shooter’s Roost in Beckley. Loukas also admitted that another handgun was purchased for him by an individual at J & S Pawn in Beckley. As part of the investigation, law enforcement additionally recovered another handgun and a shotgun that Loukas unlawfully possessed. Loukas was prohibited from possessing any firearm under federal law because of a 2002 robbery conviction in Maryland.
Loukas faces up to five years in federal prison when he is sentenced on June 7, 2017.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney John File is handling the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
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Dillon 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 Florwer Carlin Lizano, age 31, of Dillon, pled guilty on Monday in federal court in Florence, to possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(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 on August 5, 2016, an officer with the Dillon Police Department found Lizano asleep in a vehicle at 5:00am. When the officer approached the vehicle, he observed a hand gun in Lizano’s waist band. It was determined that Lizano was a previously convicted felon and was legally prohibited from possessing a firearm. The firearm was a 9mm pistol which had previously traveled in interstate commerce which gave federal agents jurisdiction over the case.Ms. Drake stated the maximum penalty the defendant faces is imprisonment for up to 10 years and a fine of $250,000.
The case was investigated by officers with the Dillon Police Department and agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Colorado Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Colorado Springs, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.
James Andrew Boswell, age 29, was sentenced to 48 months in custody, 3 years of supervised release, a $1,000 fine, the forfeiture of two firearms, $1,408.85 in United States currency seized by law enforcement, and a $100 special assessment to the Federal Crime Victims Fund.
Boswell was indicted by a federal grand jury on June 14, 2016. He pled guilty on November 22, 2016.
On May 9, 2016, Boswell was stopped by law enforcement in Lower Brule, South Dakota, on a traffic violation. Law enforcement determined that Boswell had an active arrest warrant for attempted murder out of Colorado. Inside Boswell’s vehicle was found 160 grams of methamphetamine and a cutting agent, heroin, drug paraphernalia, and two firearms. As part of his guilty plea, Boswell admitted that, since April of 2016, he had received distributable quantities of methamphetamine, a Schedule II controlled substance, from other individuals who knew that he intended to engage in further distribution of methamphetamine, and that he distributed methamphetamine to other individuals in South Dakota. Boswell further admitted that the methamphetamine, cash, and firearms found in his vehicle belonged to him, and that it was reasonably foreseeable to him that more than 50 grams of methamphetamine would be distributed over the course of the conspiracy.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency, the South Dakota Department of Criminal Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Boswell was immediately turned over to the custody of the U.S. Marshals Service.
Cocaine Smuggler Convicted on Federal ChargesRead the Press Release
CORPUS CHRISTI, Texas – A 44-year-old Brownsville man has entered a guilty plea in Corpus Christi federal court to possession with the intent to distribute 14 kilograms of cocaine, announced U.S. Attorney Kenneth Magidson.
Authorities arrested Luis Alberto Cisneros Dec. 9, 2016, at the Border Patrol (BP) checkpoint near Sarita. On that date, he approached the primary inspection lane where a canine alerted to the presence of narcotics. He and his vehicle were sent to secondary inspection, at which time agents noticed inconsistencies with the rear differential, which was cold and had visible tool marks. Upon further inspection, they located a black bundle. A total of 14 bundles were ultimately found concealed inside the rear axle containing a total of approximately 14 kilograms of cocaine.
At today’s hearing, Cisneros admitted he knew drugs were hidden in the vehicle and that he was going to be paid for delivering them to the Houston area.
U.S. District Judge Nelva Gonzales Ramos accepted the plea and has set sentencing for June 8, 2017. At that time, Cisneros faces a minimum of 10 years and up to life in federal prison as well as a possible $10 million fine.
The Drug Enforcement Administration conducted the investigation with the assistance of BP. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
Cleveland man faces drug and firearms chargesRead the Press Release
A Cleveland man was indicted on federal firearms and drug charges, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Terrell Howard, 47, was indicted on four counts: being a felon in possession of two firearms and ammunition; possessing with the intent to distribute crack cocaine; possessing with the intent to distribute marijuana and maintaining a drug house.
Howard possessed with the intent to distribute crack cocaine base and marijuana on Oct. 19, 2016, according to the indictment.
He also a residence on West 9th Street in Cleveland for the purpose of distributing marijuana, according to the indictment.
Howard possessed a .45 caliber pistol, a .40 caliber pistol, and ammunition on Oct. 19, 2016, despite having multiple felony convictions, according to the indictment.
The Drug Enforcement Agency conducted the investigation. The case is being prosecuted by Assistant U.S. Attorney Ranya Elzein.
If convicted, the court will determine Terrell Howard’s sentence after a review of factors unique to this case, including his prior criminal record, if any, his role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Cherry Creek Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.
Delano White Face, age 41, was sentenced to 33 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Face was indicted by a federal grand jury on June 14, 2016. He pled guilty on December 13, 2016.
The conviction stems from White Face failing to register as a sex offender as required by federal law between August 1, 2015, and June 14, 2016. White Face had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Face was immediately turned over to the custody of the U.S. Marshals Service.
Chemical Company and Its Owner Sentenced for Rebate Scheme, False Statements to U.S. CustomsRead the Press Release
COLUMBUS, Ohio – Alden Leeds, Inc., a New Jersey swimming pool and spa chemicals company, and its president, Mark Epstein, were sentenced in U.S. District Court for convictions related to customs and import violations. The case was unsealed today. Epstein was sentenced to serve eight months in prison and four months of home confinement for his role in an elaborate rebate scheme which involved false statements to U.S. Customs, followed by inflated payments for imported chemicals and then rebates paid back to Alden Leeds, Inc. The company was also sentenced, receiving three years of probation and ordered to pay restitution to Customs in the amount of $2.25 million.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, the Environmental and Natural Resources Division of the Department of Justice, Steve Francis, Acting Special Agent in Charge, U.S. Department of Homeland Security Investigations (HSI), Troy N. Stemen, Acting Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI) and John K. Gauthier, Acting Special Agent in Charge, U.S. Environmental Protection Agency (EPA) criminal enforcement program announced the sentences handed down on February 1 by Senior U.S. District Judge James L. Graham.
Epstein and Alden Leeds, Inc. had an agreement with a middleman to establish two prices for the imported chlorine – an “actual price” that the company was paying and a higher “invoice price” that would be used for documentation at U.S. Customs to avoid suspicions of dumping.
Dumping occurs when foreign merchandise is sold in the United States for less than fair market value, which prevents fair competition between United States companies and foreign industry.
According to court documents, from 1998 through at least June 2012, various businesses in Columbus, Ohio served as the American representative for domestic companies seeking to import swimming pool sanitizing agents from China.
As the middleman, Caiwei Sheng operated the Columbus businesses and engaged in a scheme that involved using a shell corporation in Vietnam to make it appear that the chlorine was manufactured there instead of China. This was done to avoid a 286 percent anti-dumping duty or tax that was ordered by the Department of Commerce beginning in 2005. No such anti-dumping duty existed for Vietnam as it did China.
As part of the rebate scheme, the price of the chlorine was deliberately overstated at Customs. the time the chlorine was imported. Sheng would receive payment for the inflated, invoice price and he would then wire the lesser actual price for the chlorine to the originating companies in Vietnam and China before wiring a rebate to Alden Leeds, Inc.
At the request of Alden Leeds, Inc., the rebate was labeled a “consulting fee” and sent to one of the company’s sister corporations in another state.
“The Alden Leeds company and its president, Mark Epstein, conspired with others to make false statements to Customs about the price of the chlorine they were buying from China and Vietnam, in order to avoid potentially higher duties aimed at ensuring fair competition between United States companies and foreign industry,” U.S. Attorney Glassman said. “Now, not only do they have to pay Customs $2.5 million and fines and forfeiture of $500,000, but Epstein must serve time in federal prison and Alden Leeds will spend three years on probation. Those who import goods from overseas must tell the truth to Customs and play fair with American companies.”
Epstein pleaded guilty on February 1 to one count of conspiracy to make false statements and violate United States’ customs and importation laws and one count of entry of goods by means of false statement. As part of the plea agreements, Epstein is paying $500,000 in restitution and forfeiture and Alden Leeds, Inc. is paying $2.25 million in restitution. Alden Leeds, Inc. also agreed to donate 2,765 gallons of hospital grade disinfectant to the Ministry of Public Health and Population of Haiti.
Sheng pleaded guilty to violating Customs laws as well as USEPA laws requiring truthful statements concerning the importation of chemicals into the United States, and on August 21, 2015, was sentenced to a prison term of 12 months and one day in prison and ordered to pay restitution of $100,000.
U.S. Attorney Glassman commended the investigation of this case by HSI, IRS Criminal Investigation, FBI and U.S.EPA, as well as Assistant United States Attorneys J. Michael Marous and Jessica W. Knight and Department of Justice Senior Trial Attorney Christopher J. Costantini who are representing the United States in this case.
Charlottesville Man Pleads Guilty to Federal Drug ChargeRead the Press Release
Charlottesville, VIRGINIA – A Charlottesville man, who distributed crack cocaine throughout the Charlottesville Region, pled guilty yesterday in the United States District Court for the Western District of Virginia in Charlottesville, Acting United States Attorney Rick A. Mountcastle announced.
Ricco Jamel Harris, 35, of Charlottesville, pled guilty yesterday to one count of distributing and possessing with the intent to distribute 280 grams or more of cocaine base.
According to evidence presented at yesterday’s guilty plea by Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Elizabeth Douglas, Harris distributed crack cocaine throughout Central Virginia between late 2012 and November 2015. The evidence established that Harris was a major supplier of cocaine in Charlottesville. He also supplied the drug to members of a cocaine distribution ring operating out of the Culpeper area and who’s members were previously prosecuted in Federal court.
During the time frame at issue, agents with the Jefferson Area Drug Task Force [JADE] made a series of controlled buys from Harris and seized over 75 grams of crack cocaine during a traffic stop. Ultimately it was determined that Harris was responsible for the distribution of over 4 kilograms of crack cocaine between late 2012 and November 2015.
The investigation of the case was conducted by the Jefferson Area Drug Task Force, the Federal Bureau of Investigation, the Drug Enforcement Administration and the City of Charlottesville Police Department. Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Elizabeth Douglas prosecuted the case for the United States.
Buffalo/Jamaican Drug Dealer Pleads Guilty to Bribery of Postal CarrierRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rudolph Dwight Hanchard, 39, a Jamaican national living in Buffalo, NY, pleaded guilty to bribery of a public official and attempt to possess with intent to distribute marijuana, before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that Hanchard received mail parcels from California and Arizona that contained marijuana for sale in Buffalo. Among his associates was then-postal carrier Briana Fugate who ensured the delivery of the defendant’s packages. In addition to receiving his own parcels containing marijuana, Hanchard paid Fugate for more marijuana worth approximately $30,000. Fugate stole the marijuana from other mail parcels that were part of her delivery route. This arrangement spanned August to October 2015.
Fugate was convicted for accepting bribes to help deliver shipments of illegal drugs, distribution of marijuana, and delay of mail.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly; the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Adam S. Cohen; the United States Postal Inspection Service, under the direction of Inspector in Charge Shelly Binkowski; and the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.Sentencing is scheduled for June 5, 2017, at 1:00 p.m. before Judge Vilardo.
Boise Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Ronald Lallatin, 60, of Boise, pleaded guilty yesterday in United States District Court to possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, in June of 2016, agents with the Department of Homeland Security served a search warrant on Lallatin’s residence in Boise, Idaho, based upon evidence that a computer at the residence had accessed and downloaded a video containing child pornography. Lallatin was present at the residence, and admitted to agents that they would find “child porn” on his computer, as he had viewed images of child pornography for at least the past five years. A laptop computer and nine electronic storage devices belonging to Lallatin were seized. When agents examined the devices, they discovered 6,484 still images and 937 videos containing child pornography, including images of prepubescent minors, images showing sadistic and masochistic conduct with minors, and images of the sexual abuse or exploitation of an infant or toddler.
Sentencing is set for May 22, 2017, before Chief U.S. District Judge B. Lynn Winmill. Possession of child pornography is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,000 special assessment. As part of his plea, Lallatin also agreed to forfeit the computer and electronic storage devices used in the commission of the charged offense.
The case was investigated by the Department of Homeland Security, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Bishopville 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 Eric Holloway, age 42, of Bishopville, pled guilty on Monday in federal court in Florence, to possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(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 prior to the March 8, 2016 offense date, ATF agents, based on information that Holloway was involved in illegal gun sales, was able to introduce an undercover informant to Holloway. On March 8, 2016, in Hartsville, South Carolina, the undercover informant met with Holloway and purchased a 9mm Taurus pistol and 22 rounds of ammo from Holloway. The sale was recorded on audio and video. Holloway is a convicted felon and is legally prohibited from possessing a firearm or ammunition. The firearm had previously travelled in interstate commerce which gave federal agents jurisdiction over the offense.Ms. Drake stated the maximum penalty the defendant can receive is a fine of $250,000 and/or imprisonment for 10 years, plus a special assessment of $100.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Berkeley County man admits to illegal possession of a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brandon Scott Castle, 24, of Falling Waters, West Virginia, was convicted today in federal court for illegal possession of a firearm, Acting United States Betsy Steinfeld Jividen announced.
Castle, who had previously been convicted of second degree assault in Washington County Maryland, admitted to having in his possession a 12-guage, double-barrel shotgun in Berkeley County, West Virginia in May 2016.
Castle pled guilty to one count of “Felon in 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 Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Berkeley County Sheriff’s Office investigated.U.S. Magistrate Judge Robert W. Trumble presided.
Bell Gardens Man Associated with Mexican Mafia Sentenced to over 13 Years in Federal Prison for Distributing Meth to Street GangsRead the Press Release
LOS ANGELES – A gang member with ties to the Mexican Mafia prison gang has been sentenced to more than 13 years in federal prison for distributing methamphetamine to street gangs in Bell Gardens.
Guillermo Ruiz, known on the street as “Weasel,” 42, of Bell Gardens, was sentenced Monday to 160 months in prison by United States District Judge Michael W. Fitzgerald.
In October, Ruiz pleaded guilty to all six criminal charges contained in two indictments, each of which alleged narcotics distribution. Ruiz was charged pursuant to a large-scale investigation into Bell Gardens street gangs by special agents of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The investigation led to a total of 15 defendants being federally prosecuted narcotics and/or firearms offenses.
Ruiz “participated in the total distribution of nearly 550 grams of methamphetamine that was seized by the government, and he is suspected of distributing even more methamphetamine based on defendant’s intercepted calls and recorded statements,” according to a sentencing memorandum filed by prosecutors. “However, defendant’s criminal activities extend beyond the drug trafficking conduct that gives rise to the underlying charges and instant convictions.”
According to the sentencing memorandum, Ruiz was affiliated with a Mexican Mafia member who was trying to exert control over a Bell Gardens street gang. The Mexican Mafia member and Ruiz made threats of assault and murder to members of that street gang in an attempt to collect money and extend influence, according to prosecutors.
“Illegal narcotics sales are a scourge that damage neighborhoods with addiction and violence, as this defendant’s history of drug trafficking and violent crimes illustrates,” said United States Attorney Eileen M. Decker. “Criminal gangs like the Mexican Mafia and the Bell Gardens street gang involved in this case rely on drug sales to function, so my office will continue to attack their ability to make such sales.”
Ruiz has a 25-year criminal history, including a 1997 manslaughter conviction, according to court documents. Federal grand juries returned indictments against Ruiz in 2013 and 2014 while he was a fugitive after fleeing while on trial in state court in 2011. Ruiz was taken into custody in 2015.
“This case should leave no doubt about our resolve to attack and dismantle the criminals and street gangs that are terrorizing our neighborhoods,” said Joseph Macias, special agent in charge for HSI Los Angeles. “HSI is committed to using every tool at its disposal to combat gang-related crime and violence here and in communities across the country.”
Ruiz had three codefendants in the 2013 case – Willie Lopez, also known as “Wino;” Miguel Angel Calderon, also known as “Speedy;” and Juan Carlos Rodriguez, also known as “Shorty” – each of whom pleaded guilty to narcotics offenses and received sentences ranging from 10 to 20 years in prison.
In the 2014 case, Ruiz had one co-defendant – Mario Arciniega Jr., also known as “Osito” – who pleaded guilty and was sentenced to seven years in prison.
Once he is released from prison, Ruiz will be on supervised release for five years, during which he will be subject to suspicionless searches at any time by authorities.
This case was prosecuted by Assistant United States Attorney Jennifer Chou of the Violent and Organized Crime Section.
Bath County Man Convicted of Obstructing Justice and Selling Misbranded ProductsRead the Press Release
LEXINGTON, Ky. – Samuel A. Girod, from Owingsville, Kentucky, has been convicted by a federal jury of conspiracy to impede an officer of the United States, obstruction of proceedings before an agency of the United States, witness tampering, failure to appear, and nine violations of the Food, Drug, and Cosmetic Act, in connection with three products he made and distributed.
On Wednesday afternoon, the jury, sitting in Lexington, delivered a guilty verdict on all thirteen counts against Mr. Girod. The verdict came after two and half days of trial.
The evidence at trial established that in September 2013, Mr. Girod and his company Satterfield Naturals were ordered by a federal judge in Missouri to stop manufacturing and distributing three products he made: TO-MOR-GONE, Chickweed Healing Salve, and R.E.P. Mr. Girod advertised the products as curing skin cancer, removing tumors, and helpful for other conditions, including poison ivy, diaper rash, psoriasis, sinus infections, and headaches. Despite the federal court order, Mr. Girod continued to sell his products to customers in Wisconsin, Indiana, and Illinois, making the same claims about them. Mr. Girod was convicted of selling misbranded products with the intent to defraud and failing to register with the Food and Drug Administration (FDA) with the intent to defraud, in violation of the Food, Drug, and Cosmetic Act.
He was also convicted of conspiracy to impede an officer of the United States and obstruction of proceedings before the FDA in connection with events that arose in November 2013, when two FDA Consumer Safety Officers attempted a court-ordered inspection of Mr. Girod’s manufacturing facility. Further, once the criminal case began, Mr. Girod instructed a witness not to respond to a federal grand jury subpoena and violated his bond conditions when he failed to appear in the criminal case.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, and Mark McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, jointly announced the verdict. The case was investigated by the FDA, Office of Criminal investigations, and the United States Marshals Service. Assistant U.S. Attorneys Kate K. Smith and Todd Bradbury prosecuted the case on behalf of the federal government.
Girod is scheduled to be sentenced on June 16, 2017. Any sentence will be imposed only after the Court has considered the U.S. Sentencing Guidelines and the applicable statutes.
Attorney General Sessions Statement on RecusalRead the Press Release
Attorney General Jeff Sessions today issued the following statement:
“During the course of the confirmation proceedings on my nomination to be Attorney General, I advised the Senate Judiciary Committee that ‘[i]f a specific matter arose where I believed my impartiality might reasonably be questioned, I would consult with Department ethics officials regarding the most appropriate way to proceed.’
“During the course of the last several weeks, I have met with the relevant senior career Department officials to discuss whether I should recuse myself from any matters arising from the campaigns for President of the United States.
“Having concluded those meetings today, I have decided to recuse myself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States.
“I have taken no actions regarding any such matters, to the extent they exist.
“This announcement should not be interpreted as confirmation of the existence of any investigation or suggestive of the scope of any such investigation.
“Consistent with the succession order for the Department of Justice, Acting Deputy Attorney General and U.S. Attorney for the Eastern District of Virginia Dana Boente shall act as and perform the functions of the Attorney General with respect to any matters from which I have recused myself to the extent they exist.”
Anoka County Resident Sentenced to Six Months in Prison for Threatening Two Clinics that Provide Reproductive Health ServicesRead the Press Release
On, Feb. 27, 2017, Michael John Harris, 34, was sentenced to six months imprisonment and one year of supervised release for making telephonic threats to two medical clinics in Minneapolis, Minnesota, that provide reproductive health services.
On March 2, 2016, Harris pleaded guilty to two violations of 18 U.S.C. § 248(a)(1). During his plea hearing, Harris admitted that on May 12, 2014, he made telephonic threats to two different health clinics in Minneapolis that provide reproductive health services. In a call to the first clinic, Harris threatened to kill the recipient of the call with his bare hands and to cut the recipient’s head off with a band saw. In a call to the second clinic, Harris told the recipient that he was going to kill the recipient and the recipient’s co-workers, and that he was going to travel to the clinic and shoot everyone present. Harris further admitted that he made these threats because the recipient was and has been, and in order to intimidate the recipient and any other person from, obtaining and providing reproductive health services.
“This defendant threatened these clinic workers with death and brutality,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “The department is pleased that the defendant accepted responsibility and will face consequences for his actions. The Department is committed to vigorously enforcing the civil rights of all individuals in this country.”
“The violence threatened by this defendant against health care workers is unacceptable,” said United States Attorney Andrew M. Luger of the District of Minnesota. “This sentence should serve as a reminder to individuals who would engage in such threats that the federal government will prosecute these crimes.”
This case is being investigated by the Federal Bureau of Investigation, and is being prosecuted by Trial Attorney Risa Berkower of the Civil Rights Division of the United States Department of Justice and Assistant U.S. Attorney Manda M. Sertich of the U.S. Attorney’s Office for the District of Minnesota.
American Falls Man Pleads Guilty to Child EnticementRead the Press Release
POCATELLO – Jesus Nieto, 21, of American Falls, Idaho, pleaded guilty on March 2, 2017, to coercion and enticement of a minor, Acting U.S. Attorney Rafael Gonzalez announced. Nieto was initially indicted by a federal grand Jury in Pocatello on May 24, 2016. Additional charges were filed in a superseding indictment in December 2016.
According to the plea agreement, Nieto utilized Internet-based social media to communicate with two girls, ages 11 and 15, for the purpose of soliciting sexually explicit pictures and persuading and coercing the girls into engaging in sexual intercourse with him. Nieto communicated with the girls from approximately November 2015 to January 2016.
The charge of coercion and enticement of a minor is punishable by up to life in prison, a maximum fine of $250,000, and a term of supervised release of at least five years, up to life.
Sentencing is set for May 17, 2017, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the American Falls Police Department, with the assistance of the Power County Prosecutor’s Office and U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI). The agencies are southern Idaho members of the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icactaskforce.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Amarillo Convicted Felon Pleads Guilty to Possessing 91 FirearmsRead the Press Release
AMARILLO — Pat Jarrett Helton, 43, of Amarillo, Texas, appeared in federal court yesterday and pleaded guilty before U.S. District Judge Sidney A. Fitzwater to one count of convicted felon in possession of a firearm, announced U.S. Attorney John Parker of the Northern District of Texas.
Helton faces a maximum statutory penalty of ten years in federal prison, and a $250,000 fine. Helton will remain on bond pending sentencing set for June 6, 2017. As part of the plea, Helton signed a forfeiture agreement waiving his right to a number of items seized, including $24,783 in currency, a 1992 Lamborghini Diablo, 2012 Kawasaki Ninja motorcycle, 2016 Polaris Razor, multiple vehicles and trailers.
According to documents filed in the case, on November 7, 2016, a federal search warrant was executed at Helton’s property in Mobeetie, Texas. The property included Helton’s residence and surrounding buildings. During the search, law enforcement agents located 91 firearms and large quantities of ammunition. The firearms included one shotgun with a barrel less than 18 inches, one semiautomatic rifle with a barrel of less than 16 inches, three stolen firearms, and at least four semiautomatic firearms that are capable of accepting large capacity magazines.
Before Helton possessed the 91 firearms, he had been convicted in 2003 of a felony offense for possession of a firearm not registered. Helton was sentenced to 46 months in federal prison.
The case was investigated by the Federal Bureau of Investigation, the Texas Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Sean Taylor is in charge of the prosecution.
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All 12 Convicted in Health Care Fraud Conspiracy Involving Area Mental Health CentersRead the Press Release
HOUSTON – A federal jury has convicted the final defendant of 12 involved in a conspiracy to pay and receive kickbacks relating to the Medicare program, announced U.S. Attorney Kenneth Magidson. The jury deliberated for four hours following a three-day trial before convicting Cheryl Waller, 70, of Houston, of one count of conspiracy to pay and receive kickbacks and one count of receiving kickbacks.
The other 11 defendants had previously pled guilty for their respective roles in the conspiracy. David Edson, 68, of Palm Harbor, Florida, and Jeffery Parsons, 57, of Crockett, each pleaded guilty to conspiracy to pay and receive kickbacks as well as two counts of money laundering. Aretha Johnson, 64, of Wimberley, also pled to the conspiracy and to one count of money laundering, while Inger Michelle Pace, 54, of Missouri City, and Ronald Turner, 56, of Fresno, each pleaded guilty to the conspiracy and to one count of paying and receiving kickbacks. The remaining defendants - Deborah Davis, 54, of Atlanta, Georgia; James Bobino, 48, Ernestine Johnson, 58, Jackie Harris, 54, and Vermon Lacy III, 32, all of Houston; and Mary Browning, 68, of Beasley – were convicted of the conspiracy.
Edson and Parsons were the vice presidents of Development and Operations, respectively, for Continuum Healthcare LLC. which owned Westbury Community Hospital in Houston. Aretha Johnson, Pace, Bobino, Waller, Browning and Davis each owned personal care homes in Houston, while Ernestine Johnson, Harris, Lacy and Turner were marketers for Continuum.
During trial, the jury heard that Continuum owned and operated three community mental health centers in the Houston area known by their locations as Hornwood, Baytown and Missouri City. Each location operated a partial hospitalization program (PHP) which is supposed to be a treatment program for individuals with mental illness. A PHP was intended to closely resemble a highly structured, short-term hospital inpatient program but was a distinct and organized intensive treatment program that offered less than 24-hour daily care. In 2010, Continuum opened Westbury Community Hospital with Hornwood and Baytown becoming outpatient centers and continuing to operate their existing PHPs under the Westbury name. Westbury also opened a PHP.
Edson and Parsons were responsible for the day-to-day operation of Continuum/Westbury and were involved in the implementation of the various kickback programs. The vast majority of the people referred in exchange for payment did not qualify for PHP services either because they were not experiencing an acute psychotic episode or because they were suffering from mental retardation, dementia or Alzheimer’s.
At the trial, the jury heard that Waller owned several personal care homes which housed individuals with severe mental illnesses like schizophrenia. Waller was paid $132,000 by Continuum to send her residents to the Continuum PHP. Edson testified that Waller was paid $6,000 per month to send her patients to Continuum.
During their pleas, Edson and Parsons admitted to paying co-defendants to bring patients to Continuum. Ernestine Johnson, Aretha Johnson, Pace, Bobino, Harris, Lacy, Turner, Browning and Davis each admitted receiving payment to do so, receiving $498,000, $2.6 million, $329,000, $499,000, $328,000, $140,000, $447,000, $155,000 and $250,000, respectively. Edson admitted to causing Continuum to fraudulently bill Medicare $50.5 million and causing Medicare to pay $18.8 million based on the false and fraudulent claims associated with the patients the co-defendants delivered.
U.S. District Judge Gray Miller accepted the pleas and presided over the trial. He has set sentencing for all 12 defendants on June 16, 2017. Everyone was permitted to remain on bond pending those hearings. At that time, everyone faces up to five years in prison and a possible $250,000 fine for the underlying conspiracy charge. Pace and Turner also face an additional five years for paying and receiving kickbacks, while Edson, Parsons and Aretha Johnson could receive up to 10 years in a federal prison for each of the respective money laundering convictions.
The FBI, U.S. Department of Health and Human Services - Office of the Inspector General, Texas Attorney General's Medicaid Fraud Control Unit, Railroad Retirement Board - Office of Investigations and IRS - Criminal Investigation participated in the joint investigation. Assistant U.S. Attorneys Al Balboni and Tina Ansari are prosecuting the case.
Albuquerque Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Kevin Scott Gordon, 59, of Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Gordon was arrested in March 2016, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, Gordon was convicted in May 1983, of rape, sexual deviate conduct, robbery and confinement, and was sentenced to 22 years in prison. In 1983, Gordon escaped from the Indiana State Reformatory, was apprehended in 1990, and remained in custody in Indiana until his release in May 2006.
According to court documents, Gordon was arrested for violating SORNA in Dec. 2007, in Colorado, and has a pattern of non-compliance with registration requirements. On Feb. 22, 2016, law enforcement officers in N.M., received information that Gordon was residing in Albuquerque and was not registered as a sex offender in New Mexico.
Gordon was subsequently indicted on March 23, 2016, and charged with violating SORNA by failing to update his sex offender registration between May 2015 and March 2016, in Bernalillo County, N.M.
During today’s proceedings, Gordon pled guilty to the indictment. In his plea agreement, Gordon admitted that he was convicted in Dec. 1982, of a criminal offense that required him to register under SORNA. Gordon further admitted that before May 15, 2015, he traveled from Colorado to New Mexico, and that he resided in New Mexico between May 2015 and March 2016, but failed to update his sex offender registration in New Mexico as required.
At sentencing, Gordon faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release. Gordon will also be required to register as a sex offender when he completes his prison sentence. Gordon remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Joseph Spindle.
Akron felon indicted for having methamphetamine and a firearmRead the Press Release
An Akron man was indicted on federal drug and firearms charges, said U.S. Attorney Carole S. Rendon.
Robert E. Evans, 39, was indicted on one count of being a felon in possession of a firearm and one count of possession with the intent to distribute methamphetamine.
Evans, on Jan. 26, had approximately an ounce of methamphetamines in his home as well as a Colt .45 caliber pistol, despite felony convictions which prohibited him from possessing firearms, 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 and the Akron Police Department’s Gun Violence Reduction Unit.
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.
Aggravated Felon Pleads Guilty to Reentering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Horace Garfield Tajah, 35, of Kingston, Jamaica, pleaded guilty to reentering the United States after a conviction for an aggravated felony before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque who is handling the case, stated that on January 23, 2013, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. Tajah was in possession of a valid United States passport belonging to another individual and claimed to be an American citizen. Standard database checks revealed that Tajah was an aggravated felon. In 2010, Tajah was convicted in the Southern District of New York of multiple charges including drug, gun, and conspiracy to commit murder charges. The defendant was sentenced to 72 months in prison, and after serving his sentence was deported to Jamaica on December 28, 2012, and banned from the United States for life.
The plea is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for June 5, 2017, at 10:00 a.m. before Judge Vilardo.