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15 February 2017
Jacksonville Man Sentenced for Stealing Nearly A Quarter Million Dollars of Social Security Disability BenefitsRead the Press Release
Jacksonville, FL – U.S. District Judge Brian Davis has sentenced Robert Lee Lanier (57, Jacksonville) to 18 months in federal prison for theft of more than $236,000 in government property. He pleaded guilty on November 18, 2016.
According to court documents and sentencing testimony, Lanier had been receiving Social Security Disability Benefits and Medicare Benefits since 1995. In receiving the benefits, he indicated that he was unable to work. However, Lanier was actually operating a Handyman Service and boasted that he had “made millions of dollars” running the business. While receiving disability benefits, he was completing home repairs, performing trim work, building fences, and doing other home improvements. He admitted that he had lied to investigators and that he knew he would be disqualified and lose his benefits if the government knew he was capable of working. In all, Lanier received more than $155,316 from the Social Security Administration and more than $81,365 from the Medicare program over the past eight years.
This case was investigated by the Social Security Administration - Office of the Inspector General and the Department of Health and Human Services – Office of Inspector General. It was prosecuted by Assistant United States Attorney Jason Mehta.
Identity Thief Gets Five Years in Federal Prison for RV SwindleRead the Press Release
CORPUS CHRISTI, Texas – A 41-year-old woman has been ordered to serve five years in federal prison for aggravated identity theft and fraudulent use of a Social Security number, announced U.S. Attorney Kenneth Magidson. Cecile Cole, of Atlanta, Georgia, pleaded guilty in Corpus Christi federal court Nov. 30, 2016.
Today, Senior U.S. District Judge Hayden Head ordered Cole to serve 36 months for fraudulently using a Social Security number plus a mandatory consecutive 24-month sentence for the identity theft. The total 60-month prison term will be immediately followed by three years of supervised release. Cole was also ordered to pay restitution totaling $97,254.03 for economic losses to the victims including losses on a fraudulent department store account, losses to a car dealership and the diminishment in value of a recovered motorhome. Judge Head additionally ordered Cole to reveal the location of a fraudulently-obtained SUV as part of her conditions of supervised release.
While working in the finance department of an East Texas car dealership, Cole illegally copied dozens of credit applications containing the identifying and credit information of customers. Using this stolen information, Cole opened a fraudulent department store credit account and made purchases in Beaumont and Lumberton. Cole then traveled to Memphis, Tennessee, where she used one of the stolen identities to purchase an Infinity FX 35 SUV on credit in late February 2016. Approximately two weeks later, Cole again used a stolen identity to purchase a Coachman Motorhome, valued at more than $82,000, on credit from an RV dealership in Corpus Christi.
Cole was later found and arrested in Atlanta, Georgia, still in possession of the fraudulently-obtained motorhome. A search of that motorhome revealed 41 additional stolen credit applications containing the identifying and credit information of other individuals.
The Secret Service conducted the investigation with the assistance of police departments in Corpus Christi, Atlanta, Memphis, and Payson, Arizona; and the Hardin County Sheriff’s Office. Assistant U.S. Attorney Robert D. Thorpe Jr. prosecuted the case.
Houston Man Sentenced for East Texas Drug Trafficking ViolationsRead the Press Release
BEAUMONT, Texas - A 44-year-old Houston man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
John Nealy Holt pleaded guilty on Aug. 5, 2016, to conspiracy to possess with intent to methamphetamine and was sentenced to 174 months in federal prison today by U.S. District Judge Thad Heartfield.
On Mar. 5, 2015, a federal grand jury returned an indictment charging 24 individuals with conspiring to possess with the intent to distribute methamphetamine, possessing firearms in furtherance of a drug trafficking crime, and using facilities of interstate commerce to facilitate the interstate distribution of illegal narcotics. The defendants were responsible for trafficking methamphetamine to customers across the United States, including in the Eastern District of Texas. Over the span of the conspiracy, this drug ring obtained over 150 kilograms of methamphetamine from numerous Mexican sources of supply that was subsequently redistributed in Houston, Texas, Port Arthur, Texas, Southwest Louisiana, and other areas across the United States. During the course of the investigation, officers recovered numerous stolen automobiles and other valuable property, which investigators allege was acquired by members of the drug trafficking ring in exchange for methamphetamine.
This case is the result of an extensive 4 ½ year joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. During the course of this operation, agents have successfully arrested over 38 individuals and have seized multi-kilogram quantities of methamphetamine, kilogram quantities of drug laced hallucinogen “gummy” candies, 22 firearms, over 400 lbs. of ammunition, and recovered 17 stolen automobiles, 5 stolen motorcycles, 2 stolen trailers, and hundreds of antiques. Holt was the final defendant to be sentenced as a result of this investigation. The other defendants were sentenced to federal prison as follows:
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Leslie Dianne Baron, 32, of Houston, 168 months;
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Christopher Dean Inman, 41, of Houston, 121 months;
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Leslie Lee Inman, 37, of Houston, 168 months;
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Eric Lazaro Castaneda, 38, of Houston, 87 months;
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Carlos Eduvijis Rosales, 38, of Houston, 151 months;
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Travis Alejandro Lyon, 34, of Houston, 60 months;
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Gilbert Gomez, 37, of Baytown, Texas, 292 months;
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Joshua Lee Lanman, 38, of Jersey Village, Texas, 60 months;
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Albert Cardenas, Jr., 23, of Houston, 87 months;
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Burton Paul Dupuy, 44, of Shreveport, LA, 24 months;
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Amado Tobar, 44, of Dallas, 137 months;
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Joseph Louis Henning, 58, of Houston, 200 months;
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Kenneth Sheldrick, 37, of Houston, 135 months;
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Luis Fernando Garcia, 23, of Port Arthur, Texas, 87 months;
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Gerardo Chavez, 38, of Nederland, Texas, 121 months;
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Alex Trejo, 28, of Lake Elsinore, CA, 80 months;
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Michael Broughton, 39, of Port Arthur, Texas, 63 months;
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Shawn Key, 37, of New Caney, Texas, 188 months
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Taber Price, 39, of Humble, Texas, 151 months;
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Britanny Danielle Beckham, 31, of Hearne, Texas, 33 months;
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Ricardo Cortes Lozano, 44, of Baytown, Texas, 12 months;
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Pablo Hernandez, 39, of Houston, 87 months; and
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Thurman Clevenger, 51, of Houston, 12 months.
This case was investigated by the Drug Enforcement Administration Beaumont Resident Office, Internal Revenue Service – Criminal Investigations, the Port Arthur Police Department, and the Houston Police Department, and prosecuted by Assistant U.S. Attorneys Paul A. Hable and Michelle S. Englade.
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Hampton-Based Spice Dealer Sentenced to 17 Years in PrisonRead the Press Release
NEWPORT NEWS, Va. – Jayson Mickle, 31, of Hampton, was sentenced today to 210 months in prison for conspiracy to distribute and possess with intent to distribute controlled substances and controlled substance analogues.
Mickle pleaded guilty on June 27, 2016. According to court documents, from 2008 to 2014, Mickle sold smokable synthetic cannabinoids, commonly known as “spice,” in the Hampton Roads area and, eventually, nationwide. Spice consists of plant material sprayed with ever changing active chemical ingredients often produced in clandestine laboratories in China. These chemicals mimic the effects of THC, the primary psychoactive ingredient in marijuana. Mickle sold blends of spice with names like Hampster Purp, HPT Cherry, Bizarro, and Orgazmo. Although the packets of spice were labeled “not for human consumption,” Mickle knew that the spice was to be smoked for its intoxicating properties.
Mickle began sales through retail stores by the name of Hampton Pipe and Tobacco, located in Hampton, Newport News, Gloucester and Norfolk. In 2010, Mickle also began a wholesale operation online called Blazin Herbs. In 2013, the wholesale outfit’s name was changed to 7 City Gifts. At times, Mickle was supplied by Zencense, which was a large-scale spice producer and wholesaler based in Florida. Between January 2012 and April 2013, Mickle’s spice distribution operation purchased in excess of 1,000 kilograms of spice for resale from Zencense and its successor company, Zenbio, which was based in California. Mickle’s operations also supplied the Red Barn, a convenience store in Newport News, with spice in late 2013 into early 2014. From 2010 to 2012 alone, Mickle’s retail operation, Hampton Pipe and Tobacco, grossed over $9.6 million in spice sales. Mickle, who used a significant portion of his drug proceeds to purchase over two dozen real properties, was also ordered to forfeit those properties.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk; Joseph W. Cronin, Acting Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Richard Myers, Chief of Police, Newport News Police Department; Terry L. Sult, Chief of Police, Hampton Police Department; and Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Eric Hurt and Kevin Hudson, and Special Assistant U.S. Attorney Amy Cross-Rochefort 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. 4:15-cr-18.
Greece Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin DiMartino, 37, of Greece, NY, was arrested and charged by complaint with receiving, distributing and possessing child pornography. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on December 6, 2016, an undercover law enforcement officer discovered a video file containing child pornography on the internet. Further investigation determined that the video came from an email address belonging to the defendant. The officer also discovered that DiMartino made files available for download that contained the rape of children as young as five years of age and a ten-year-old child engaged in sex acts with other children.
In January 2017, a search warrant was executed at DiMartino’s residence. Among the items seized were a desktop computer, an external hard drive and a thumb drive. An analysis of the electronic items determined that they contained both child pornography and child erotica. The electronics contained approximately 23,000 images of child pornography.
The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released. DiMartino is due back in court for a status conference on March 9, 2017, at 9:30 a.m.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Greece Police Department, under the direction of Chief Patrick D. Phelan.
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.
Grand Jury Returns Indictment Charging Individual with Destruction of an Energy FacilityRead the Press Release
SALT LAKE CITY – A federal grand jury returned an indictment Wednesday charging Stephen Plato McRae, age 57, of Escalante, with one count of destruction of an energy facility. The indictment alleges McRae knowingly and willfully damaged and attempted to damage the Garkane Energy Cooperative’s Buckskin substation in Kane County on Sept. 25, 2016.
The indictment was announced by U.S. Attorney John W. Huber, FBI Special Agent in Charge Eric K. Barnhart, and Kane County Sheriff Tracy Glover.
The investigation showed that a person shot and damaged a substation transformer at the facility. The indictment alleges the incident caused a significant interruption and impairment of the function of the energy facility. Power was knocked out to the majority of Kane and Garfield counties, affecting residents and businesses in the counties. The power outage lasted about eight hours.
McRae was initially charged with possession of a firearm after a felony conviction in a complaint filed in November. The complaint alleged he was in possession of a Springfield Armory, 30-40 rifle, Model 1898 rifle and associated ammunition. Federal law prohibits individuals convicted of a felony from possessing firearms or ammunition. Based on information developed from a confidential witness, law enforcement officers from the Kane County Sheriff’s Office and agents with the FBI executed a federal search warrant on Oct. 28, 2016, at a location in Escalante and found the firearm in the bottom of a container. Inside the magazine, at least two rounds were observed from viewing the magazine’s contents through the ejection port of the rifle, according to the complaint. Investigators found an additional 16 rounds of unused 30-40 ammunition in a separate enclosure inside the container.
McRae was charged with the firearm violation and one count of possession of marijuana in a federal indictment returned in November 2016. He has been in custody since his arrest on the complaint.
The indictment returned Wednesday, which added the destruction of an energy facility count, supersedes the November indictment.
The potential maximum penalty for destruction of an energy facility is 20 years in federal prison. The firearm count in the indictment has a penalty of up to 10 years in prison and the possession of a controlled substance has a potential two-year penalty. Each count has a potential fine of $250,000. An initial appearance on the superseding indictment will be scheduled for McRae in federal court.
Indictments are not findings of guilt. Individuals charged in an indictment are presumed innocent unless or until proven guilty in court.
The case is being investigated by special agents of the FBI and the BLM, who are participating as members of the FBI’s Joint Terrorism Task Force, and the Kane County Sheriff’s Office. It is being prosecuted by the U.S. Attorney’s Office.
Garfield Heights men indicted for armed robbery of bank on Turney Road last yearRead the Press Release
Two Garfield Heights men were indicted on charges that they used a firearm to rob the Key Bank on Turney Road, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and FBI Special Agent in Charge Stephen D. Anthony.
Levert A. Bates, 54, and Marc A. Montgomery, 50, were both indicted on one count of armed bank robbery and one count of using and carrying a firearm during and in relation to a crime of violence.
The men aided and abetted one another in robbing a Key Bank in Garfield Heights on November 30, 2016. robbers stole approximately $55,376 from the bank and brandished a firearm during the robbery, according to the indictment.
"The actions of these two individuals brought great fear to the bank employees and customers that day,” Anthony said. “With the community and media's support, law enforcement will continue to work tirelessly to identify individuals that choose to commit such violent actions and ensure they are held accountable. "
Assistant U.S. Attorney Megan R. Miller is prosecuting the case following an investigation by the Federal Bureau of Investigation and the Garfield Heights Police Department.
If convicted, the court will determine the defendants’ sentences after a review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. 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.
Former Securities Lawyer Sentenced to Six Years of Imprisonment for Securities FraudRead the Press Release
SAN JOSE – James Seltzer, a former attorney and resident of Marin County, was sentenced to 72 months’ imprisonment for securities fraud, announced United States Attorney Brian J. Stretch, FBI Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence, issued today by U.S. District Judge Lucy H. Koh, follows a guilty plea entered September 14, 2016.
According to his plea agreement, beginning no later than October of 2007 through at least May of 2011, Seltzer, 69, formerly of Belvedere, defrauded and deceived multiple individuals in connection with the purchase and sale of securities. Seltzer admitted he misrepresented to the investors that he would use their money to make certain investments for their exclusive benefit but instead diverted the funds to other uses. Seltzer acknowledged that in many cases, he diverted all or virtually all of the monies he had obtained from his investors and spent the monies on his own personal and business expenses after depositing the funds into his own personal bank accounts. The court found Seltzer defrauded 16 investors of more than $4.5 million and ordered Seltzer to pay restitution to his victims in the amount of $4,646,555.
According to papers filed by the government, Seltzer’s victims included several women with whom he conducted personal relationships in order to gain their trust as a precursor to stealing from them. During today’s sentencing proceedings, after hearing from several of Seltzer’s victims, Judge Koh described Seltzer’s conduct as “callous.” Furthermore, in addition to the victims in his criminal case, bankruptcy filings reveal Seltzer accumulated a debt of well over $20 million to numerous other individuals. Seltzer fled the country in 2010 and remained overseas for 5 years.
On June 18, 2015, a federal grand jury indicted Seltzer charging him with five counts of securities fraud, in violation of 15 U.S.C. § 78; one count of mail fraud, in violation of 18 U.S.C. § 1341; and three counts of money laundering, in violation of 18 U.S.C. § 1957. He was apprehended in Hawaii in September 2015, and, pursuant to the plea agreement, pleaded guilty to one count of securities fraud. The remaining counts were dismissed.
In addition to the prison term and restitution, Judge Koh also sentenced Seltzer to serve a three-year period of supervised release. Judge Koh ordered Seltzer to surrender no later than April 19, 2017, to begin serving his sentence.
Assistant U.S. Attorneys Timothy Lucey and Arvon Perteet are prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation by the IRS-Criminal Investigation and the Federal Bureau of Investigation.
Former Oklahoma Jail Superintendent and Assistant Superintendent Sentenced for Using Excessive ForceRead the Press Release
Raymond A. Barnes, 46, and Christopher A. Brown, 35, the former jail superintendent and assistant jail superintendent, respectively, of the Muskogee County Jail (MCJ), were resentenced in federal court today on multiple counts of civil rights offenses related to allegations of excessive force on inmates at MCJ on or between August 2009 and May 2011. Brown was also convicted of making material false statements to the FBI. Barnes was sentenced to two years in prison followed by three years of supervised release, and Brown was sentenced to 12 months in prison followed by three years of supervised release.
On Feb. 25, 2014, a federal jury convicted both Barnes and Brown of conspiring to violate the rights of inmates housed at MCJ by assaulting inmates themselves or by directing other jailers employed by MCJ to do so. Specifically, the defendants did or caused the following to be done: unjustifiably strike, assault, harm and physically punish inmates at MCJ who were restrained, compliant and not posing a physical threat; organize “meet and greets,” whereby jailers would scare, punish and harm incoming inmates from neighboring counties by throwing and slamming the handcuffed inmates to the ground upon their arrival at MCJ; threaten to fire MCJ employees if they reported abusive behavior directly to the sheriff or to outside law enforcement authorities; require and encourage MCJ jailers to write incident reports that falsely justified uses of force and contained misleading or inaccurate accounts of what had occurred when force was used; and perpetuate an environment within MCJ that allowed unlawful beatings and assaults against inmates to continue indefinitely and without consequence.
Both defendants were also found guilty of violating the rights of an inmate identified as J.R. when both defendants slammed and threw J.R. head-first to the ground while he was handcuffed. Barnes was additionally convicted of violating the rights of a second inmate, G.T., for similar conduct. Brown was acquitted of violating the rights of G.T.
In addition, Brown was convicted of one count of making material false statements to the FBI. Brown falsely claimed that, during meet and greets, the incoming inmate was ordered out of the transport vehicle and then “gently placed” on the ground. But in fact, Brown knew at the time of his statement to the FBI that during these meet and greets the MCJ jailers routinely threw and slammed inmates to the ground even though the inmates were restrained and posed no physical threat.
“Corrections officers who use excessive force against inmates in their custody are violating the Constitution and their sworn oaths to uphold it,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “This department will vigorously enforce the civil rights laws of our nation.”
In 2015, Defendants Barnes and Brown were sentenced to twelve months and six months in prison, respectively. The Defendants appealed their convictions. The United States appealed the sentences as both procedurally and substantively unreasonable. In June 2016, the Tenth Circuit Court of Appeals upheld the convictions but overturned the sentences on the grounds of procedural unreasonableness. The court held that the trial judge had not adequately explained why the sentences were so much less severe than the sentences of 70 to 87 months called for under the Sentencing Guidelines.
This case was investigated by the Muskogee Resident Agency of the Oklahoma City Division of the FBI and prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Dana Mulhauser of the Civil Rights Division.
Felon in Possession of Shotgun While Under Influence of Methamphetamine Sentenced to PrisonRead the Press Release
EUGENE, Ore. – On Wednesday, February 15, 2017, Heath Eugene Solomon, 50, of Drain, Oregon, was sentenced to eight years in prison by U.S. District Judge Ann Aiken for being a felon in possession of a loaded 12-gauge shotgun. Solomon was arrested by a Douglas County Sheriff deputy following a neighbor’s report that he was carrying a pistol grip shotgun while searching for a phantom intruder. Solomon’s delusion was a result of his methamphetamine use. The loaded shotgun had been loaned to Solomon by a friend.
According to court documents and statements made during sentencing, Solomon has eleven felony convictions in Oregon, including assaults on police officers, sales of methamphetamine, coercion, unlawful use of a weapon and a felon in possession of a firearm. Solomon, who suffered severe abuse as a child, was addicted to methamphetamine. He had previously sustained significant brain injuries and has multiple severe mental disorders. In 1997, while under the influence of methamphetamine, Solomon fired twenty-four rounds into the walls of a residence he shared with a girlfriend in Elkton, Oregon.
Solomon pleaded guilty on November 29, 2016 to being a felon in possession of a firearm and ammunition. After completing his federal prison sentence, Solomon will be on supervised release for three years.
The case was investigated by the Douglas County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) and prosecuted by Frank R. Papagni, Jr., Assistant United States Attorney for the District of Oregon, with assistance from Douglas County District Attorney Rick L. Wesenberg, Jr. and Deputy District Attorney Tiffany Zinter.
Federal Jury Finds Dallas Man Guilty of Child Sex TraffickingRead the Press Release
DALLAS — Following a three-day trial before U.S. District Judge David C. Godbey, a federal jury has convicted Martavious Detrel Banks Keys, 33, on felony child sex trafficking offenses, announced U.S. Attorney John Parker of the Northern District of Texas.
Specifically, the jury convicted Keys, a/k/a “Cheese” and “Matt,” on two counts of child sex trafficking and one count of sex trafficking through force, fraud or coercion. Keys faces a statutory penalty of not less than 15 years and up to life in federal prison, and up to a lifetime of supervised release. He must also register as a lifetime sex offender. Sentencing is set for June 5, 2017 before Judge Godbey.
According to documents filed in his case, from approximately March 15, 2015, through April 18, 2015, Keys recruited, enticed, harbored, transported, provided, obtained or maintained two minor females, 15-year-old Jane Doe 1 and 14-year-old Jane Doe 2, causing them to engage in commercial sex acts. In addition, he used force, fraud or coercion to cause Jane Doe 1 to engage in commercial sex acts.
Specifically, Keys placed commercial sex advertisements on Backpage.com for Jane Doe 1 and Jane Doe 2. As a result of the Backpage advertisements, the two minor females engaged in numerous commercial sex acts at Keys’ direction. Keys would negotiate with “clients” over text messages pretending to be the minor females. Jane Doe 1 and Jane Doe 2 worked out of Keys’ residence. In addition, Jane Doe 1 also saw commercial sex clients at various hotels in the Dallas area. Jane Doe 1 and Jane Doe 2 engaged in numerous sex acts a day, sometimes even up to sixteen per day. Keys, who was unemployed, kept all of the proceeds from the commercial sex acts; purchasing various items with the money, including a Chevrolet Tahoe with aftermarket rims.
Keys sexually assaulted and physically assaulted both Jane Doe 1 and Jane Doe 2 during the ordeal. In addition, he threatened Jane Doe 1 with a gun, and threatened both girls with harm if they did not continue to engage in commercial sex acts.
Members of the North Texas Trafficking Taskforce, including the Mesquite Police Department, Department of Public Safety (Garland), Homeland Security Investigations, the Bureau of Alcohol, Tobacco, and Firearms and Child Protective Services investigated. Assistant U.S. Attorneys Cara Foos Pierce and Myria Boehm prosecuted the case.
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Everett Man Alleged to Support ISIL Charged with Additional Charge of Obstructing JusticeRead the Press Release
Boston – David Daoud Wright, a/k/a Dawud Sharif Abdul Khaliq, a/k/a Dawud Sharif Abdul Khaliq, 26, of Everett, Mass., was charged today in a five-count second superseding indictment. This indictment added one additional obstruction of justice count in connection with Wright’s deletion of data on his laptop computer on June 2, 2015.
This indictment supersedes the April 2016 first superseding indictment which charged Wright and his co-conspirator Nicholas Alexander Rovinski with conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL) and committing acts of terrorism transcending national boundaries. The indictment also charged Wright with conspiracy to obstruct justice and obstruction of justice in connection with Wright’s instructions to his uncle, Usaamah Abdullah Rahim, during a telephone conversation at 5:19 a.m on June 2, 2015 to destroy his (Rahim’s) laptop computer and phone before attacking the “boys in blue.”
Today’s new charge alleges that within minutes of learning from a family member that his uncle, Usaamah Abdullah Rahim, had attempted to attack a police officer and was shot dead by law enforcement officers in a Roslindale, Mass. parking lot on June 2, 2015, Wright deleted data from his laptop computer by restoring it to factory settings and deleting call logs on his cellphone that showed he had spoken to Rahim that morning.
Beginning in at least February 2015, Wright allegedly began discussing ISIL’s call to kill non-believers in the United States with Rahim and Rovinski and they began plotting and recruiting members for their “martyrdom” operation. In March 2015, Wright drafted organizational documents for a “Martyrdom Operations Cell” and conducted internet search queries about firearms, the effectiveness of tranquilizers on human subjects and the establishment of secret militias in the United States. Simultaneously, Rahim was communicating with ISIL members overseas, including Junaid Hussain. On Aug. 24, 2015, Hussain was killed in an airstrike in Raqqah, Syria.
It is further alleged that beginning in or about May 2015, Hussain communicated directly with Rahim. Rahim in turn communicated Hussain’s instructions to Wright, with regard to the murder of an individual residing in New York. Wright, Rovinski and Rahim each allegedly conspired to commit attacks and kill persons inside the United States on behalf of ISIL. In preparation for their attack, Rovinski conducted research on weapons that could be used to behead their victims. While detained pending trial, Rovinski sought to continue their planned attacks and wrote letters to Wright from prison discussing ways to take down the U.S. government and decapitate non-believers.
On Sept. 22, 2016, Rovinski pleaded guilty to conspiring to provide material support to ISIL and conspiring to commit acts of terrorism transcending national boundaries. He therefore is not charged in the second superseding indictment.
Wright’s arraignment is set for February 28, 2107 at 10:00 a.m.
The charge of conspiracy to provide material support provides for a sentence of no greater than 20 years in prison, a lifetime term of supervised release and a fine of $250,000. The charge of conspiracy to obstruct justice provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of obstruction of justice provides for a sentence of 20 years in prison, three years of supervised release and a $250,000 fine. The charge of conspiracy to commit acts of terrorism transcending national boundaries provides for a sentence of life in prison, a lifetime supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney William D. Weinreb of the District of Massachusetts, Acting Assistant Attorney General for National Security Mary B. McCord and Special Agent in Charge Harold H. Shaw of the FBI’s Boston Division made the announcement today.
This investigation is being conducted by the Boston Joint Terrorism Task Force (JTTF) and the Rhode Island JTTF with critical assistance from the Boston Police Department; Boston Regional Intelligence Center; Massachusetts State Police; Commonwealth Fusion Center; Everett Police Department; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Rhode Island State Police; Warwick, Rhode Island, Police Department; Rhode Island Fusion Center; Naval Criminal Investigative Service; and member agencies of the JTTF.
The case is being prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of the District of Massachusetts’s National Security Unit and Trial Attorney Greg R. Gonzalez of the National Security Division’s Counterterrorism Section.
The details contained in the charging documents are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Disbarred Somerset Attorney Convicted of Fraud and Witness TamperingRead the Press Release
BOSTON – A disbarred Somerset attorney was convicted today by a federal jury in connection with his scheme to defraud an acquaintance of $60,000 and of witness tampering based on his efforts to influence the victim’s testimony at trial.
John Silvia, 67, purportedly the “Managing Member” of Richardson Consulting, LLC, was convicted following a five-day trial of two counts of wire fraud, five counts of mail fraud, one count of structuring cash transactions and one count of witness tampering. U.S. District Court Judge George A. O’Toole, Jr. scheduled sentencing for May 23, 2017.
In 2013, Silvia convinced an acquaintance, a nurse caring for his wife, to invest $60,000 in a real estate venture and a purported “performance bond.” In reality, however, Silvia used the money for personal expenses, including to pay for his portion of Red Sox season tickets and an interest in a Marriott timeshare. Long after the money was gone, Silvia lulled his victim into believing that the money had been used as promised and that the investment, along with interest, would be returned.
In the months leading up to trial, when it was clear that Silvia’s victim was preparing to testify against him, Silvia pulled together more than $70,000, which he deposited in small increments—some on the same day—into six different bank accounts. He then prepared a series of checks and attempted to pay back his victim the full $60,000 “plus interest.” As the jury concluded, Silvia intentionally “structured” the cash deposits in this way so as to avoid mandatory bank reporting requirements and detection. As the jury also concluded, Silvia’s belated attempt to repay the victim—years after the initial investment and within a few months of his anticipated testimony—was really an attempt to influence the victim’s testimony.
In February 2016, Silvia was convicted of eight counts of securities fraud arising out of his effort to sell ownership interests in Advanced Space Monitor (ASM) that he was not entitled to sell. In furtherance of his fraud, Silvia created and used a fake “Subscription Agreement” that purportedly gave him the right to receive and sell shares in ASM when, in reality, he did not have the right to do so. Silvia cut and pasted the signature of ASM’s founder on the document purporting to give Silvia ownership interest in the company. Silvia defrauded multiple investors out of more than $300,000 based on false representations about his ability to sell the shares. Many of his victims were his friends and family members.
Silvia, who was licensed to practice law in Massachusetts in 1975, has been disbarred since 2003.
The charges of mail fraud, wire fraud and witness tampering each provide for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, or twice the gross loss to the victims, and restitution. The structuring charge provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. The charge of securities fraud provides a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $5 million, or twice the gross loss to the victims, and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The Massachusetts Securities Division, which filed an administrative action charging Silvia with violation of Massachusetts securities laws, referred this case to the U.S. Attorney’s Office and cooperated with the criminal investigation. The case is being prosecuted by Assistant U.S. Attorney Neil Gallagher of Weinreb’s Economic Crimes Unit and Eric Forni of the Securities and Exchange Commission who was appointed as a Special Assistant U.S. Attorney.
Denton County Man Sentenced for Child Pornography ViolationsRead the Press Release
SHERMAN, Texas — A 63-year-old The Colony, Texas man has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
David M. Kruse pleaded guilty on Oct. 6, 2016, to possession of child pornography and was sentenced to 10 years in federal prison today by U.S. District Judge Amos L. Mazzant.
- to information presented in court, in August 2015, federal agents obtained a search warrant for a computer owned by Kruse after receiving information about an individual who had accessed child pornography from a site known to host that material. On that date, agents spoke with Kruse who admitted to owning the computer, which was later found to contain more than 20,000 images and videos of child pornography, including files depicting prepubescent minors and sadistic/masochistic conduct. Kruse was indicted by a federal grand jury on Aug. 13, 2015, and charged with child pornography violations.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Plano Police Department and prosecuted by Assistant U.S. Attorney Marisa Miller.
Cuyahoga Falls man charged with lying about domestic violence convictions in effort to get gunRead the Press Release
A federal grand jury indicted Andrew Crislip, 33, of Cuyahoga Falls, for being a felon in possession of a firearm and ammunition and with making a false statement to a licensed firearms dealer during the acquisition of a firearm, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Crislip possessed a .38 caliber Taurus revolver, model 85 Ultra-Lite, and ammunition on Sept. 9, 2016, after having been previously convicted of two misdemeanor crimes of domestic violence in Stow Municipal Court in August 2016. He also knowingly represented on a Federal Firearms Transaction Record on Sept. 3, 2016 that he has never been convicted in any court of a misdemeanor crime of domestic violence, when in fact, he has been convicted for such a crime, according to the indictment.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation. The case is being prosecuted by Assistant United States Attorney Ranya Elzein.
If convicted, the court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Collin County Man Sentenced for Child Pornography ViolationsRead the Press Release
SHERMAN, Texas — A 40-year-old Wylie, Texas man has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Jesse McQuade pleaded guilty on Sep. 13, 2016, to possession of child pornography and was sentenced to 97 months in federal prison today by U.S. District Judge Amos L. Mazzant.
According to information presented in court, in April 2016, an undercover officer was conducting an investigation into the sharing of child pornography files on a peer-to-peer network. The officer downloaded a number of files of child pornography, which resolved to a computer user at McQuade's home in Wylie. A federal search warrant was executed on Aug. 9, 2016, during which agents seized digital media, including a 1TB hard drive that was found to contain child pornography. McQuade admitted that he knew that the items on the hard drive were child pornography, including files depicting prepubescent minors and sadistic/masochistic conduct.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation, the Plano Police Department and the Wylie Police Department and prosecuted by Assistant U.S. Attorney Marisa Miller.
Colleyville Businessman Pleads Guilty to Mail Fraud Stemming from Ponzi Oil and Gas Fraud SchemeRead the Press Release
FORT WORTH, Texas — James VanBlaricum, 77, of Colleyville, Texas, appeared in federal court this morning before U.S. Magistrate Judge Jeffrey L. Cureton and pleaded guilty to one count of mail fraud, announced U.S. Attorney John Parker of the Northern District of Texas.
VanBlaricum, who operated Signal Oil and Gas Company (SOG) and Texas Energy Management, which later became Texas Energy Mutual (TEM), has been in custody since his arrest in mid-August 2016. Sentencing is set for June 13, 2017.
According to plea documents, VanBlaricum formed SOG and TEM, ostensibly for the purpose of investing in mineral leases, and oil and gas production and earning a profit from those investments. VanBlaricum ran the fraud scheme from approximately January 2007 to August 2016, from office locations in Grapevine, Texas and Bedford, Texas, as well as from his residence and home office located in Colleyville, Texas where many of the acts and transactions alleged in the indictment took place. VanBlaricum raised millions of dollars from investors by various means, including selling securities in the form of joint ventures in “programs” offered by SOG and TEM.
VanBlaricum employed sales agents who worked on his behalf to raise money, by selling limited partnership interests in these “programs” offered by SOG and TEM. Both personally and through investors, VanBlaricum deceived investors and potential investors by misrepresenting material facts. For example, he represented that investors would earn an “assured” rate of return on their initial investment, and they would receive a full refund of their initial investment amount after a defined period of time. He also represented that he intended to use a certain percentage of investors’ money to purchase mineral leases, and oil and gas well projects, when in fact, he intended to spend a substantially smaller percentage on the leases and oil and gas well projects and use a substantial part of investors’ money for purposes they did not authorize or even know about, including paying purported investment returns to other investors, commissions to sales agents, and paying his personal expenses as well as personal expenses for family members, friends, and business associates.
VanBlaricum also represented that he had purchased certain assets, or was in the process of purchasing them, when in fact, he had not purchased the assets and was not in the process of purchasing them. He also represented that the oil and gas well projects were productive and profitable, when in fact, most were “dry holes,” produced oil for a short period of time, or had not been drilled.
When VanBlaricum made promises about the use of investor funds, he failed to state that he had made the same promises to other investors and then used those investors’ funds for purposes they did not authorize or even know about, including paying purported investment returns to other investors, commissions to sales agents, and payment of personal expenses for VanBlaricum and his family, friends, and business associates.
VanBlaricum, according to plea documents, identified himself to investors using a false name. VanBlaricum deposited investors’ funds into, and withdrew and expended investors’ funds, from accounts he controlled in the names of entities he controlled. He caused funds to be transferred to, withdrawn from, and deposited into various accounts to create the appearance of business operations and revenue that he knew did not exist. He also caused “lulling” payments to be paid to investors, ostensibly as returns on investment, when he knew the funds came from other investors rather than from business operations.
VanBlaricum secretly, and without authorization, took and spend money entrusted to him by investors for advertising; vacations and international travel; rent payments; automobile purchases; and payroll and commissions for employees and sales agents.
The U.S. Postal Inspection Service with assistance from U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Douglas A. Allen is in charge of the prosecution.
# # #
Cleveland pair charged with defrauding banks by using fake identitiesRead the Press Release
Two Cleveland residents were charged with defrauding banks out of at least $76,000 by using fake identities, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio
Delon Roberson, 25, and Shameka Roberson, 26, were charged with bank fraud and aggravated identity theft in connection with a scheme to defraud Key Bank by depositing closed-account checks into the bank accounts of various individuals recruited into the scheme, and later withdrawing funds under false pretenses, according to the indictment.
Delon Roberson used the social media site Facebook to recruit numerous local individuals to open accounts or turn over their bank ATM or debit cards and PINs. Delon Roberson and Shameka Roberson then caused the deposit of at least 138 fraudulent checks totaling more than $159,000 into the bank accounts of the recruited individuals. At least $76,000 was later withdrawn from the accounts through ATM transactions and debit card purchases between May 2015 and April 2016, according to the indictment.
Assistant United States Attorney Robert W. Kern is prosecuting this case, following an investigation by the U.S. Postal Inspection Service.
If convicted, the court will determine the defendants’ sentence after a review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. 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.
Cleveland men indicted for trafficking three pounds of fentanylRead the Press Release
Two Cleveland man were indicted for trafficking more than three pounds of fentanyl, said U.S. Attorney Carole S. Rendon.
Edward Jewell (aka Rayshawn Williams), 29, and Muhammad Salett, 25, were each indicted on one count of possession with intent to distribute fentanyl.
The men had approximately 2991 grams of fentanyl in their possession on Jan. 13. The drugs were mailed from Las Vegas to a home on East 53rd Street in Cleveland, according to court documents.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the unique characteristics of the violations. In all cases the sentence will not exceed the statutory maximum, and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Justin Seabury Gould following an investigation by the U.S. Postal Inspection Service, the Cleveland Division of Police and the Cuyahoga County Sheriff’s Department.
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.
Chester Man Sentenced to Eight Years in Prison for Fraud SchemeRead the Press Release
Steven Hameed, 57, of Chester, Pennsylvania, was sentenced today to 97 months in prison for his multi-year scheme to steal government homes and file false tax forms against various police officers and government officials, announced Acting United States Attorney Louis D. Lappen. Hameed’s co-conspirators, Darnell Young, 49, and Damond Palmer, 42, were sentenced in October 2016 to 40 months imprisonment, and 1 day in prison, respectively, for their crimes. All three were charged in December 2016 with one count of conspiracy to commit offenses against the United States, one count of bank fraud, and one count of corrupt interference with Internal Revenue laws. Hameed was also charged with three counts of conversion of government property, and Young was also charged with one count of conversion of government property. Hameed and Young were also charged with one count of creating fictitious obligations.
defendants, who pled guilty in June 2016, filed false land deeds with the Delaware County Recorder of Deeds Office in an attempt to claim ownership of homes owned by the government or by banks, and then to live in the homes, or rent/sell the homes to unsuspecting persons, for their own financial gain. defendants, self-proclaimed “sovereign citizens,” also filed hundreds of false tax forms against police officers, judges, and other government employees in an attempt to harass and intimidate them in the course of their official duties. Hameed and Young were also convicted of creating a false financial bond in an attempt to purchase property. In addition to the prison term, the Honorable Timothy J. Savage, United States District Judge, also ordered Hameed to pay full restitution to all victims.
The case was investigated by the Federal Bureau of Investigation, the U.S. Department of Housing and Urban Development – Office of Inspector General, the Treasury Inspector General for Tax Administration, the Federal Housing Finance Agency – Office of Inspector General, the Federal Deposit Insurance Corporation – Office of Inspector General, the Social Security Administration - Office of Inspector General, the Philadelphia Police Department, the Delaware County Detectives, the Aston Police Department, and the Upper Darby Police Department. The case is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
Atlanta-area Dentist Sentenced for nearly $1 Million in Medicaid FraudRead the Press Release
ATLANTA – Dr. Oluwatoyin Solarin has been sentenced to one year, six months in federal prison for filing false claims with the Georgia Medicaid program totaling nearly $1 million.
“Solarin cheated the Medicaid program by submitting fraudulent claims, even billing the government for procedures she allegedly performed at the same time she was out of the country,” said U.S. Attorney John Horn. “The wealth she amassed through her scheme will now be forfeited and paid back to the government.”
“Solarin abused her position of trust and stole money from the taxpayers for her own enrichment," said Derrick L. Jackson, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. "Today’s sentencing exemplifies the OIG’s commitment to investigate Medicaid fraud schemes together with our law enforcement partners and bring these perpetrators to justice.”
“Rooting out health care fraud is central to the well-being of both our citizens and the overall economy. Schemes that steal money from the Medicare program harm taxpayers and raise healthcare costs,” said Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The sentencing of Dr. Solarin is a prime example of the Department of Justice’s focus on protecting the assets of the Medicare program and the health of Americans who participate in it.”
“I am proud of the collaborative efforts that led to this successful prosecution,” said Attorney General Chris Carr. “The Office of the Attorney General stands ready to work with our federal and local partners to ensure that those who participate in criminal activity are brought to justice, particularly when that activity jeopardizes the medical care of those who are truly in need and wastes taxpayer dollars.”
According to U.S. Attorney Horn, the charges and other information presented in court: Oluwatoyin Solarin was a dentist who owned and operated a dental care practice known as “Care Dental” with locations in Doraville and Duluth, Georgia. From 2009 through 2013, Solarin caused false claims to be submitted to the Georgia Medicaid Program and the Peach State Health Plan of Georgia Medicaid. Various claims listed Solarin as the treating dentist on days that she was not even in the U.S. In other instances, Solarin caused Care Dental to bill for patients who were ineligible for Medicaid services. When patients whose eligibility for Medicaid services had expired were brought to Care Dental, Solarin instructed an employee to “backdate” the claims to false dates that resulted in successfully paid claims for reimbursement.
As a result of Solarin’s fraud scheme, Care Dental received $996,862.19 in fraudulent Medicaid claims. Solarin used much of this money to purchase real estate throughout the Atlanta area. Pursuant to her plea agreement, Solarin agreed to repay the ill-gotten money she received during this scheme and has agreed to forfeit her interest in over a dozen real estate properties.
Dr. Oluwatoyin Solarin was sentenced to one year, six months in prison to be followed by three years of supervised release. Dr. Solarin was also was ordered to pay $996,862.19 in restitution and forfeit her interest in over a dozen real estate properties. She was convicted of this charge on November 9, 2016, after pleading guilty.
This case was investigated by Special Agents of the Department of Health and Human Services, the Internal Revenue Service, and Investigators from the Georgia Medicaid Fraud Control Unit and the Georgia Department of Community Health.
Assistant United States Attorney Thomas J. Krepp and Georgia Assistant Attorney General Lyndie M. Freeman prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Armed Career Criminal Sentenced to 15 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ALDRIC BORDEAUX, 29, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 180 months of imprisonment, followed by five years of supervised release, for illegally possessing a firearm.
According to court documents and statements made in court, on October 28, 2014, law enforcement received information that a vehicle contained a firearm. Officers attempted to stop the vehicle but it sped away. The car was then located, abandoned, in a driveway on West Elm Street in New Haven. While officers were still on the scene, BORDEAUX called police to report that his car had been stolen. The next day, police received report a report that an individual, who was subsequently identified as BORDEAUX, was in the backyards of homes in the area of West Elm Street. Later, officers located in the rear yard of an address on West Elm Street, a short distance away from the address where the car was abandoned, a firearm magazine loaded with 11 rounds of ammunition.
Officers subsequently located a nine millimeter semi-automatic pistol hidden in the ceiling in the laundry room of BORDEAUX’s residence. The firearm was missing a magazine. Hidden with the pistol were various items of clothing that security cameras revealed that BORDEAUX had been wearing earlier that day. The magazine found on the West Elm Street property fit the firearm.
Prior to October 2014, BORDEAUX had sustained several felony convictions, including three convictions for robbery in the first degree.
BORDEAUX has been detained since his arrest on October 29, 2014. On January 6, 2016, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.
BORDEAUX was sentenced pursuant to the Armed Career Criminal Act, a federal law imposing severe penalties for firearm or ammunition possession by persons who have been convicted of at least three violent felonies or serious drug offenses. A defendant who qualifies as an Armed Career Criminal faces a minimum term of imprisonment of 15 years and a maximum term of life.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Jennifer Laraia.
Argentinian man charged with illegally entering the U.S.Read the Press Release
An Argentinian man was indicted for illegally entering the United States, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Pablo Guzobad-Mendoza, 45, was found to be in Ohio on July 9, 2016, after having been deported from the United States on a previous occasion. Guzobad-Mendoza had previously been convicted of illegal entry into the United States in federal court in Texas and burglary with assault or battery in Miami-Dade County, Florida, according to the indictment.
Guzobad-Mendoza is currently serving a term of imprisonment in an Ohio prison on unrelated charges.
The Immigration and Customs Enforcement Agency conducted the investigation in conjunction with the Strongsville Police Department. The case is being prosecuted by Assistant United States Attorney Kevin R. Filiatraut.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum, and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Amtrak Supervisor Admits Overbilling FraudRead the Press Release
NEWARK, N.J. – A former Amtrak supervisor today admitted fraudulently overbilling Amtrak overtime and regular hours that he claimed to be working when he was actually not present at Amtrak work sites, U.S. Attorney Paul J. Fishman announced.
Richard Vogel, 64, of Edison, New Jersey, pleaded guilty before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court to an information charging him with converting to his own use federal government funds.
According to documents filed in this case and statements made in court:
Vogel, who had been employed by Amtrak since January 1977 until he retired in July 2016, supervised approximately 35 employees in work gangs on the Construction Signals side of the Communications and Signals Department, New York Division. Between November 2015 and June 2016, Vogel fraudulently billed Amtrak for 41 regular hours and 685.75 overtime hours when he was not actually present at Amtrak work sites, resulting in a loss to Amtrak of more than $71,000.
The count to which Vogel pleaded guilty carries a maximum potential penalty of one year in prison and fines of up to $250,000, or twice the gain or loss resulting from the offense, whichever is greater. Sentencing is scheduled for May 22, 2017. The plea agreement requires Vogel to make full restitution for losses related to his conduct in the amount of $71,946.
U.S. Attorney Fishman credited Amtrak’s Office of Inspector General, Office of Investigations, Philadelphia office, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Mala Ahuja Harker of the U.S. Attorney’s Office Special Prosecutions Division.
9 Defendants Charged in White Plains Federal Court with Narcotics Offenses in Orange CountyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), George Beach, the Superintendent of the New York State Police (“NYSP”), Carl E. Dubois, the Sheriff of Orange County, and Daniel C. Cameron, Chief of the City of Newburgh Police Department, today announced the unsealing of two Indictments charging 10 members of two drug trafficking organizations based in Orange County, New York, with conspiracy to distribute cocaine. Additionally, two other members were arrested on separate complaints. In a coordinated operation earlier today, federal, state, and local law enforcement officers arrested eight defendants in Orange County and the Bronx. One of the charged defendants had already been arrested and presented. Most of the defendants are expected to be presented in White Plains federal court today before U.S. Magistrate Judge Judith C. McCarthy.
Manhattan U.S. Attorney Preet Bharara stated: “The narcotics charges brought today strike at the heart of an entrenched group of alleged drug dealers operating out of Newburgh and the surrounding areas of Orange County. With today’s charges, made possible by the outstanding work of the FBI, ICE HSI, and our state and local law enforcement partners, we seek to help stem the flow of cocaine in Orange County.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “The ultimate goal in an investigation like this is to take out the leadership of these groups. It’s not just the drugs that take a toll on the communities where these subjects were operating, it’s the crime accompanying the drugs that impacts everyone. The FBI Hudson Valley Safe Streets Task Force and our law enforcement partners will continue to do all we can to stop the spread of the drug trade and the criminals who support it.”
HSI Special Agent-in-Charge Angel Melendez said: “With many of the individuals arrested today facing up to 40 years in prison if convicted, we have sent a clear message to drug dealers in Orange County that they should immediately seek other employment. HSI will remain steadfast in its commitment to working with its law enforcement partners to dismantle these drug trafficking organizations that destroy our neighborhoods with their poison.”
NYSP Superintendent George P. Beach II said: “Today’s arrests are a result of an aggressive strategy to stop illegal drug trafficking and keep cocaine and other deadly substances off our streets. Together, with our partners in federal, local and state law enforcement, we can combat the infiltration of narcotics into our communities and continue to put dangerous individuals like these 11 criminals behind bars.”
Orange County Sheriff Carl E. DuBois stated: “These arrests prove once again that agencies cooperating with each other benefit the communities they serve. The FBI Safe Streets Task Force has been instrumental in dismantling drug networks in the Hudson Valley area, and the Orange County Sheriff’s Office is proud to participate with and support the FBI, the U.S. Attorney’s office and other participating agencies.”
City of Newburgh Police Chief Daniel C. Cameron stated: “Collaborative efforts like this are critical to targeting high level narcotics traffickers who plague our cities. When we all work together in this capacity, we can truly improve the quality of life for the residents in Newburgh, Orange County, and across the state.”
As alleged in the Indictments unsealed today in White Plains federal court[1]:
RIGOBERTO DIAZ, JAIRO ESQUIVIAS, a/k/a “Jalisco,” JUAN ROMERO, SAUL GARZON, ANDRES RIOS, and JUAN SANCHEZ PEREZ are charged in an indictment with conspiring to distribute and possess with intent to distribute 500 grams of cocaine, from 2013 to September 2016. DIAZ and his alleged co-conspirators distributed cocaine in and around the City of Newburgh, New York, and other locations in Orange County, New York.
ADAN SOLIS-TEYO, a/k/a “Adan Hernandez,” CHRISTOPHER POOL, LUIS SANCHEZ, a/k/a “Eito,” and LUIS MEJIA, a/k/a “Miguel Contreras,” are charged in an indictment with conspiring to distribute and possess with intent to distribute 500 grams of cocaine, from 2014 to February 2017. SOLIS-TEYO and his alleged co-conspirators distributed cocaine in and around the City of Newburgh, New York, and in the Bronx, New York.
WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez,” was charged by complaint and arrested on February 11, 2017. PERELDA is charged with conspiracy to distribute and possess with intent to distribute 500 grams and more of cocaine. PERELDA is also charged with five counts of distribution of cocaine based on sales of cocaine to a cooperating witness.
All of the defendants except SOLIS-TEYO and MEJIA were arrested today.
* * *
Charts containing the names of the defendants who were charged today, and the charges and maximum penalties they face, are attached. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Bharara praised the outstanding investigative work of the FBI, the Department of Homeland Security, Homeland Security Investigations, the New York State Police, the Orange County Sheriff’s Department, the City of Newburgh Police Department, and the Village of Port Chester Police Department.
These cases are being handled by the Office’s White Plains Division. Assistant United States Attorneys Jennifer Burns, Lauren Schorr, and Olga Zverovich are in charge of the prosecutions.
The charges contained in the Indictments and Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
CHARGE(S)
DEFENDANT(S)
MAXIMUM PENALTIES
Narcotics conspiracy – Cocaine
(conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(B))
RIGOBERTO DIAZ, JAIRO ESQUIVIAS, a/k/a “Jalisco,” JUAN ROMERO, SAUL GARZON, ANDRES RIOS, and JUAN SANCHEZ PEREZ, ADAN SOLIS-TEYO, a/k/a “Adan Hernandez,” CHRISTOPHER POOL, LUIS SANCHEZ, a/k/a “Eito,” LUIS MEJIA, a/k/a “Miguel Contreras,” WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez,”
40 years in prison
Mandatory minimum: Five years in prison
Narcotics distribution
(distribution of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez”
40 years in prison
Narcotics distribution
(distribution of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez”
40 years in prison
Narcotics distribution
(distribution of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez”
40 years in prison
Narcotics distribution
(distribution of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez”
40 years in prison
Narcotics distribution
(distribution of cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
WILLIAM PERELDA, a/k/a “William Peralda,” a/k/a “Arturo Pelez-Gonzalez”
40 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictments and the descriptions of the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.
14 February 2017
Wyoming Man Fifth Person to Plead Guilty to Staged Automobile Accident FraudRead the Press Release
The Fraud Ring Operated Three Therapy Clinics in Michigan from 2012 to 2015
GRAND RAPIDS, MICHIGAN — Yoisler Herrera-Enriquez, age 31, a massage therapist from Wyoming, Michigan, pled guilty in federal court yesterday to conspiracy to commit mail fraud related to a staged automobile accident ring that operated in West Michigan from 2012 to 2015. Herrera-Enriquez faces up to 20 years’ imprisonment and will be ordered to pay restitution to the automobile insurance companies that were defrauded. Herrera-Enriquez is the fifth individual to plead guilty. Previously convicted were: Gustavo Acuna-Rosa, 29, and, Eduardo Pardo-Oiz, 34, formerly from Lansing; Dolis Rojas-Lopez, 31, of Wyoming; and Yosvany Gonzalez-Duran, 41, of Lansing.
"This staged automobile accident ring operated a sophisticated fraud over several years in our community," stated Acting U.S. Attorney Andrew Birge. "The ring caused significant losses to numerous Michigan no-fault automobile insurance carriers and diverted limited local law enforcement resources from legitimate police work, simply so that an automobile accident report could be completed for a fraudulent automobile accident. Vigorous prosecution of those that take advantage of our community remains a priority of my office."
The staged automobile accident ring operated three therapy clinics, Revive Therapy Center and HH Rehab Center, in Wyoming, Michigan, and Renue Therapy Center in Lansing, Michigan, from April 2012 to May 2015. The ring recruited and paid cash to individuals to stage automobile accidents and obtain police reports so that automobile insurance claims could be opened with their insurance companies. Herrera-Enriquez, and others, then told the accident participants what symptoms to present to a physician affiliated with the ring so that she would sign a prescription for physical therapy. The accident participants would then seek unnecessary physical therapy treatment with Herrera-Enriquez and others at the clinics. Typically, after a few therapy sessions, the accident participants would sign blank therapy treatment forms that would be signed by Herrera-Enriquez or other massage therapists to make it appear as if the accident participants were obtaining treatment when they truly were not. The therapy clinics then used the treatment forms to send false insurance claims through the United States mail to automobile insurance companies for therapy treatment that was either not necessary or not actually provided.
"Criminal groups often believe they are employing ingenious techniques to cheat the system," explained Steve Francis, Acting Special Agent in Charge of Homeland Security Investigations, Detroit Field Office. "Sadly, we all suffer the consequences when higher rates get passed on to the consumers due to the increased costs of business. HSI will continue to aggressively target these schemes."
"Today’s guilty plea should serve notice once again that the FBI will not stand by idly while criminals engage in financial fraud schemes which negatively impact insurance companies and policy holders", added David P. Gelios, Special Agent in Charge, FBI Detroit Division.
Three others are facing similar charges in a third superseding indictment that will proceed to trial on March 7, 2017: Belkis Soca-Fernandez and David Sosa-Baladron, of Tampa, Florida, and Antonio Ramon Martinez-Lopez, of Port Richey, Florida. The charges in the third superseding indictment are merely accusations, and these defendants are presumed innocent until and unless proven guilty in a court of law.
The Grand Rapids Offices of the Department of Homeland Security, Homeland Security Investigations, and the Federal Bureau of Investigation, are handling the investigation. Assistant U.S. Attorney Ronald M. Stella is handling the prosecution.
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Wilmington Man Pleads Guilty to Threatening Mosque and Illegally Possessing Firearms and Child PornographyRead the Press Release
BOSTON – A Wilmington man pleaded guilty today in U.S. District Court in Boston in connection with making threats over Facebook to burn a local mosque, unlawfully possessing dozens of firearms, ammunition and child pornography.
Patrick Keogan, 44, of Wilmington, pleaded guilty to two counts of making a threat over Facebook to injure or intimidate another individual or to unlawfully damage or destroy a building by means of fire; one count of being a convicted felon in possession of firearms and ammunition; and one count of possessing child pornography. He has been in custody since his arrest in July 2016. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for May 15, 2017.
Followign the terrorist attacks in Paris, France, on Nov. 13, 2015, Keogan posted threatening images on the Facebook page of the Islamic Society of Boston Cultural Center (ISBCC), a Roxbury-based cultural center that offers a mosque and educational, spiritual, and social services to the New England Muslim community. Keogan posted on the ISBCC’s Facebook page an image depicting a mosque in flames with lettering superimposed that stated “Burn your local mosque,” along with the statement “Hello scumbags,” next to a smiley face emoji. Keogan posted the same threatening image on the Facebook page of the Islamic Society of Northeastern University (ISNU).
Warrants authorizing searches of Keogan’s Facebook account revealed multiple posts that approved of burning mosques as early as 2013. For example, in 2013 Keogan shared a post with the following summary: “On July 4th, Joplin, Missouri’s Islamic Center — the city’s only mosque — suffered roof damage after an unidentified man set it on fire by tossing a burning object onto the building.” Keogan wrote in response: “Somewhere out there is an unknown hero. The people’s champion. A true God amongst mortal men. May your days be many & troubles be few my good man.” On or about Nov. 17, 2015, Keogan posted a status update saying, “Canada enters the Mosque Burning Winter Olympics of 2016 early! Who will take the Gold? Who will take the Silver? and WHO will take the Bronze??? We'll have to wait til the snow clears to find out folks but lets keep our fingers crossed for some fierce competition! And remember- you (yes you) are a qualified competitor of your own nation- so get out there and help your Country be number one in this winter’s Mosque Burning Olympics!”
Keogan’s Facebook account also showed that he had been buying, selling, trading, building, modifying, possessing, and shooting firearms and ammunition, despite his prohibition from doing so as a convicted felon. A GPS tracking device on Keogan’s car, placed pursuant to a warrant, allowed federal agents to track Keogan to a gun store in New Hampshire on or about May 1, 2016, where he purchased two boxes of 8mm rifle ammunition and two bags of loose 8mm rifle ammunition, and then drove the ammunition directly back to his residence in Wilmington. Upon Keogan’s arrest in July 2016, authorities searched his residence and found dozens of firearms, including light machine guns, assault rifles, and sniper rifles, and thousands of rounds of ammunition. A later search of Keogan’s iPhone and iPad revealed he was in possession of child pornography.
The charging statutes for the threats and firearms/ammunition charges each provide for a sentence of no greater than 10 years in prison, three years of supervisory release, a fine of $250,000, and forfeiture of the firearms and ammunition. The charging statute for the child pornography charge provides a sentence of no greater than 20 years in prison, supervised release for at least five years and maximum of life, restitution, a fine of $250,000, and forfeiture. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Wilmington Police Chief Michael Begonis, made the announcement today. Assistant U.S. Attorney Scott L. Garland of Weinreb’s Civil Rights Enforcement Team is prosecuting the case.
Wilkes-Barre Man Sentenced for Drug Distribution ConspiracyRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Paul Rodriguez, age 41, of Wilkes-Barre, Pennsylvania, was sentenced on February 10, 2017, by United States District Court Judge Malachy E. Mannion to serve 108 months’ imprisonment for his role in a conspiracy to distribute and possess with intent to distribute cocaine.
According to United States Attorney Bruce D. Brandler, Rodriguez was indicted along with eight co-conspirators in November 2014, and pleaded guilty to a charge of conspiracy. All eight persons charged in the case have pleaded guilty. Rodriguez and his co-conspirators distributed between 15 kilograms and 50 kilograms of cocaine in Northeastern Pennsylvania between January 2013 and November 2014. The cocaine was shipped to Pennsylvania from Puerto Rico.
The case was investigated by the Scranton Resident Office of the Drug Enforcement Administration with assistance from the Wilkes-Barre Police Department. Assistant United States Attorney Evan Gotlob prosecuted the case.
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Wheeling man sentenced for heroin distributionRead the Press Release
WHEELING, WEST VIRGINIA – Rainell Peter Freeman, 25, of Wheeling, West Virginia, was sentenced to 15 months incarceration for distributing heroin, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Freeman, also known as “Kelly,” sold heroin in March 2015 and April 2016 in Wheeling, West Virginia. He pled guilty to two counts of “Distribution of Heroin” in December 2016.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Ohio Valley Drug & Violent Crime Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Vermont Man Pleads Guilty in Manhattan Federal Court to A Fatal Shooting in Lower ManhattanRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that FRANK JENKINS, 23, pled guilty today before the Honorable John G. Koeltl to shooting and killing Rashaun Nicholson on or about December 28, 2014, in furtherance of a narcotics distribution conspiracy. The charges to which JENKINS pled guilty are set forth in a seven-count superseding indictment (the “Indictment”), which was filed in December 2015.
Manhattan U.S. Attorney Preet Bharara said: “Frank Jenkins not only supplied a large part of the New York City-to-Bennington pipeline of crack and heroin, but as part of that drug business, he shot and killed a man in lower Manhattan, just a few blocks from the Manhattan federal courthouse. Today, in that courthouse, Jenkins pled guilty to his crimes and faces a lengthy prison sentence.”
As alleged in the Superseding Indictment and in other documents previously filed in Manhattan federal court and in statements made during court proceedings:
On December 28, 2014, in connection with a narcotics trafficking offense, FRANK JENKINS shot and killed Rashaun Nicholson in the vicinity of 78 Catherine Street, New York, New York. The narcotics trafficking conspiracy in which JENKINS was a participant involved the sale of controlled substances, including crack cocaine and heroin, in Vermont and elsewhere. Specifically, between 2014 and 2015, JENKINS, together with other members of the conspiracy, obtained crack and heroin from locations in New York City, including Manhattan and the Bronx, and then transported the crack and heroin to Vermont, for distribution in and around Bennington, Vermont.
As a result of his plea, JENKINS faces a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life. JENKINS is scheduled to be sentenced by Judge Koeltl on June 2, 2017, at 10:00 a.m.
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Mr. Bharara praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New York City Police Department, the United States Marshals, the Vermont State Police, and the Bennington Police Department. Mr. Bharara also thanked the United States Attorney’s Office for District of Vermont for assisting his Office at all stages of the investigation.
The prosecution is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Michael Gerber, Hadassa Waxman, Andrew Adams, and Margaret Graham are in charge of the prosecution.
United Steelworkers Local Union President Charged with EmbezzlementRead the Press Release
ERIE, Pa. - A resident of Bradford, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of embezzling and theft of labor union assets, Acting United States Attorney Soo C. Song announced today.
The one count indictment named Daniel R. Guthrie, 55, of Bradford, Pennsylvania, as sole defendant.
According to the indictment presented to the court, while serving as the president of the United Steelworkers, local Union 10-0583, Guthrie did embezzle and convert to his own use approximately $8,189.51 by making unauthorized personal charges to the labor organization credit card, and making unauthorized electronic bill payments from the union bank account to pay personal bills.
The law provides for a maximum total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Department of Labor, Office of Labor-Management Standards, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Undocumented Alien Charged with Assaulting a Federal Deportation OfficerRead the Press Release
In Austin today, federal authorities filed a criminal complaint charging 23-year-old Mexican National Hugo Baltazar-Ramirez with assaulting a federal deportation officer last week announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
According to the complaint, an Immigration and Customs Enforcement (ICE) officer, who was acting within the scope of his duty and on information gleaned from an official immigration database, effected a traffic stop on the defendant’s vehicle along Highway 183 in Austin on February 10, 2017. The officer advised Baltazar-Ramirez that he was being placed under arrest and asked the defendant to exit the vehicle. Baltazar-Ramirez impeded his arrest by running from the officer. When the officer caught up to the defendant, Baltazar-Ramirez physically struggled with the officer, forcibly assaulting him. Baltazar-Ramirez inflicted bodily injury to the officer by hitting his head against the ground several times. A second officer, who arrived on the scene during the struggle, provided assistance with placing Baltazar-Ramirez in handcuffs. The injured officer was transported by ambulance to a local hospital for treatment and subsequently released.
Baltazar-Ramirez remains in federal custody at this time. Upon conviction, Baltazar-Ramirez faces up to 20 years in federal prison. A preliminary and detention hearing in this matter is scheduled for 9:00am on February 28, 2017, before U.S. Magistrate Judge Mark Lane.
This investigation was conducted by the Federal Bureau of Investigation.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
U.S. Attorney's Office Co-sponsors Heroin and Opiate Conference in Charlotte, N.C., Focusing on Raising Awareness and Addressing Prevention, Treatment, and Law Enforcement Response to EpidemicRead the Press Release
CHARLOTTE, N.C. – Today, the U.S. Attorney’s Office for the Western District of North Carolina, in partnership with the U.S. Drug Enforcement Administration (DEA), the Charlotte Mecklenburg Police Department (CMPD), Mecklenburg County, Anuvia Prevention and Recovery Center, and Cardinal Innovations, hosted a day-long conference to raise community awareness to the rise of heroin and opiate abuse in the Charlotte-Mecklenburg area.
“Heroin and opiate abuse is a growing public health threat that is taking a toll on our community. Today’s conference puts a spotlight on the devastating impact of heroin and opiate addiction and highlights the importance of combining resources to address this public health crisis, focusing on awareness, enforcement, prevention and treatment,” said U.S. Attorney Jill Westmoreland Rose during her opening remarks. “In addition to stemming the flow of drugs into our neighborhoods through law enforcement action, we are partnering with local organizations, healthcare providers, service groups, and community members to develop a long-term strategy to combat this epidemic and to find new and creative approaches to beat back the heroin and opiate threat in the Charlotte area.”
More than 240 professionals from the fields of law enforcement, medicine, substance abuse prevention and treatment, and interested community members attended the summit, held at Calvary Church in Charlotte. Speakers from federal and local law enforcement agencies, physicians, mental healthcare professionals, substance abuse experts and representatives of community organizations presented on a broad range of topics including: the rise in heroin and opiate addiction; drug trafficking trends and law enforcement action; the physiology of addiction; public education and prevention initiatives, available treatment options and rehabilitation recourses. Participants also heard a parent’s account on the impact of the death of a child due to a drug overdose.
U.S. Attorney Rose thanked all the co-sponsors for partnering with the Justice Department to organize the conference. U.S. Attorney Rose emphasized the importance of the event stating that, “Today’s summit is part of our ongoing effort to bring attention to heroin addiction and opioid drug abuse, as we to continue to build upon existing relationships and forge new collaborations to confront this epidemic and address the problem in real and meaningful ways.”
U.S. Attorney Files Suit and Reaches Agreement with Real Estate Developer to Increase Accessibility at Three Manhattan Apartment BuildingsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has settled a federal civil rights lawsuit against ALBANESE ORGANIZATION, INC. (“ALBANESE”) and three of its affiliates, NORTH END ASSOCIATES, LLC, RIVER TERRACE ASSOCIATES, LLC, and CHELSEA ASSOCIATES, LLC (together, the “DEVELOPER DEFENDANTS”), by consent decree. Under the settlement, ALBANESE has agreed to make retrofits at The Verdesian, a rental complex located at 211 North End Avenue in Manhattan, in order to comply with the federal Fair Housing Act (“FHA”) and make The Verdesian more accessible to individuals with disabilities. The DEVELOPER DEFENDANTS also have agreed to inspect two additional rental complexes in Manhattan, The Solaire and The Vanguard Chelsea, and, where necessary, make retrofits at those buildings as well. Additionally, ALBANESE commits in the consent decree to establish procedures to ensure that its ongoing and future development projects will comply with the accessibility requirements of the FHA. Finally, as part of the consent decree, the DEVELOPER DEFENDANTS have agreed to provide up to $500,000 to compensate aggrieved persons and pay a civil penalty of $45,000. The consent decree was approved late yesterday by U.S. District Judge Jed S. Rakoff.
Manhattan U.S. Attorney Preet Bharara said: “This lawsuit – the fifteenth of its kind filed in recent years – is another step in our ongoing effort to ensure equal accessibility for New Yorkers with disabilities. Today’s settlement not only provides compensation for those who have been aggrieved by existing inaccessible conditions, but also provides that Albanese and its affiliates will implement procedures to guarantee accessibility at The Verdesian, The Solaire, The Vanguard Chelsea, and future development projects.”
The FHA’s accessible design and construction provisions require new multifamily housing complexes constructed after January 1993 to have basic features accessible to persons with disabilities. According to the allegations in the Complaint, Verdesian, a rental complex with 253 rental units, was designed and constructed with numerous inaccessible features, including excessively high thresholds interfering with accessible routes in the public and common areas as well as into and within individual units, and insufficient widths, clearance, and clear floor space in bedrooms, bathrooms, closets, and kitchens for maneuvering by people who use wheelchairs.
Under the settlement, ALBANESE agrees to make extensive retrofits at The Verdesian to make it accessible. The DEVELOPER DEFENDANTS also agree to arrange for inspections of two additional rental complexes in Manhattan, The Solaire, located at 20 River Terrace, and The Vanguard Chelsea, located at 77 West 24th Street, and, where necessary, to make retrofits at those properties. Together, The Verdesian, The Solaire, and The Vanguard Chelsea contain more than 800 rental apartments.
The settlement also requires ALBANESE to establish procedures to ensure FHA compliance at its ongoing and future development projects, including retaining an FHA compliance consultant to ensure that each residential building developed by ALBANESE will, as constructed, comply with the FHA. The FHA consultant also will conduct a site visit to identify non-compliant conditions and recommend appropriate solutions prior to the completion of construction. In addition, ALBANESE agrees to institute policies and training to ensure that its employees and agents will comply with the FHA’s accessibility requirements.
Finally, the settlement requires the DEVELOPER DEFENDANTS to provide up to $500,000 to compensate aggrieved persons. The DEVELOPER DEFENDANTS also agree to pay a civil penalty of $45,000.
The government’s lawsuit also asserts claims against the architect of The Verdesian, SLCE Architects, LLP. Those claims remain pending.
Aggrieved individuals may be entitled to monetary compensation from the fund created through today’s settlement. Aggrieved individuals may include those who:
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Were discouraged from living at The Verdesian, Vanguard Chelsea, or The Solaire because of the lack of accessible features;
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Have been hurt in any way by the lack of accessible features at The Verdesian, Vanguard Chelsea, or The Solaire;
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Paid to have an apartment at The Verdesian, Vanguard Chelsea, or The Solaire made more accessible to persons with disabilities; or
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Otherwise were discriminated against on the basis of disability at The Verdesian, Vanguard Chelsea, or The Solaire as a result of the inaccessible design and construction of the properties.
Any individual who may be entitled to compensation should file a claim by contacting the Civil Rights Complaint Line at (212) 637-0840, using the Civil Rights Complaint Form available on the United States Attorney’s Office’s website http://www.justice.gov/usao/nys/civilrights.html, or by sending a written claim to:
U.S. Attorney’s Office, Southern District of New York
86 Chambers Street, 3rd Floor
New York, New York 10007
Attention: Chief, Civil Rights Unit
The case is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Jessica Jean Hu, Natasha W. Teleanu, Li Yu, and Jacob Lillywhite are in charge of the case.
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Two Miami-Dade Women Charged in Connection with Their Operation of a Spa Performing Illicit Silicone InjectionsRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Justin Green, Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), announced the arrest today of Maribel Jimenez and Magaly Del Rosario, both Miami-Dade residents, on charges contained in a twenty-count federal indictment.
According to allegations contained in the indictment:
Jimenez and Del Rosario are charged with conspiring, from 2008 through August 2015, to receive and deliver an adulterated and misbranded medical device in connection with their unlawful receipt and use of silicone smuggled into the U.S. from Colombia and eventually injected into hundreds of clients seeking augmentation of their buttocks, as well as their administration of injections of misbranded prescription drugs, including lidocaine and Botox, at Bella Beauty Spa (“Bella Beauty”), a business owned by Jimenez, located at 8360 West Flagler Street, Miami, Florida (Count 1). The defendants are also charged with conspiring to commit wire and mail fraud arising from their fraudulent misrepresentations to these same clients regarding the true nature of the substance which would be utilized in the clients’ buttocks injections and concealing the fact that the injected substance was, in fact, health-threatening silicone (Count 2). In addition, the defendants are charged with delivery for pay of a misbranded and adulterated medical device with intent to defraud and mislead (Counts 3-9). Jimenez is also charged with smuggling offenses (Counts 10-14) and false statement offenses (Counts 15-20).
Jimenez, with assistance from Del Rosario, a manager of Bella Beauty, administered deep tissue buttock injections of substantial quantities of silicone, an adulterated medical device when used and intended to be used in this manner, to hundreds of Bella Beauty clients.
The silicone which was unlawfully injected into Bella Beauty clients was clandestinely smuggled into the United States by Jimenez and co-conspirators by means of approximately 170 separate DHL air carrier shipments. To avoid the scrutiny of Customs and Border Protection, upon importation into the United States, each bottle contained false labelling stating in Spanish that the contents consisted of “Depilatory Wax” and alleged instructions on how to apply this purported rosin-based substance in a manner consistent with hair removal.
After the injections, Jimenez had been informed by a number of Bella Beauty Spa clients that they were experiencing adverse health related symptoms. Jimenez and Del Rosario failed to advise the clients that silicone had been injected into their bodies. The defendants also intentionally concealed the potential health consequences arising from the injection of silicone into their clients’ bodies.
Attorney Ferrer stated, “Criminal conduct that poses a significant health risk to the general public is of grave concern to the U.S. Attorney’s Office. Federal prosecutors and our law enforcement allies are committed to disrupting illicit operations that hold themselves out to be legitimate medical facilities while endangering lives for profit. To best protect yourself, individuals who are considering body augmentation should do their due diligence to ensure that the procedures are performed by reputable persons and do not contain hazardous materials.”
“Serious harm, including death, can occur when individuals have liquid silicone or other substances injected into their buttocks to increase their size. The FDA has not approved liquid silicone or other injectable substances to increase the size of the buttocks,” said Justin D. Green, Special Agent in Charge, FDA-OCI Miami. “Our office will continue to pursue and bring to justice those who offer this hazardous procedure to the public.”
“The suspects in this investigation put their own financial enrichment well above the health and safety of the hundreds of people who trusted them,” said Mark Selby, Special Agent in Charge of HSI Miami. "At HSI we will continue to work with our federal, international and local law enforcement partners to put an end to this dangerous practice."
Defendants Jimenez and Del Rosario appeared in court today for their initial hearings. Jimenez is scheduled for a pre-trial detention hearing on Friday, February 17, 2017.
Individual clients of Bella Beauty Spa who have undergone buttocks injection procedures, regardless of how far in the past, are urged to contact [email protected] in order to receive additional information, address individual concerns, and to receive information concerning their status and rights as potential victims.
An indictment is a formal charging documents notifying the defendant of the charges. All persons charged by indictment are presumed innocent until proven guilty in a court of law.
Mr. Ferrer commended the investigative efforts of each of FDA, MDPD and ICE-HSI. Mr. Ferrer thanked Christopher D. Maston, Port Director for Miami International Airport, U.S. Customs and Border Protection (CBP), Luis Sierra, Country Attaché HSI Andean Region, HSI International Operations, and the Colombian National Police for their assistance with the investigation. This case is being handled by Assistant U.S. Attorneys Peter Outerbridge and Brooke Watson.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Men Indicted on Bank Robbery ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Waqar Ghumman, 27, and Mohsin Zamir, 31, with bank robbery, entering a bank with intent to commit a larceny, and bank larceny. The charges carry a maximum penalty of 25 years and a $250,000 fine.
Assistant U.S. Attorney Michael Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 8, 2016, the defendants robbed the Evans Bank located at 2800 Niagara Falls Boulevard in Tonawanda, NY. Ghumman and Zamir were aided by Nicholas Graham who drove the individuals to the bank in a 2007 Infiniti around 5:45 p.m. Graham remained in the vehicle and acted as both the lookout and the getaway driver.
During the robbery, Ghumman and Zamir were masked and wore nearly identical uniforms including dark tan jackets with hoods, dark colored baseball caps, dark colored masks, and tan pants. Once inside the bank, the defendants aimed BB guns, that appeared to be real pistols, at customers and employees telling them “get down on the ground and no one gets hurt,” “everyone wants to go home tonight,” “hands where I can see them,” and “don’t look at me.”
Following the robbery, law enforcement officers tracked Ghumman, Zamir, and Graham to the Scottish Inn Motel on Niagara Falls Boulevard. Officers found items at the motel including cash, clothing worn by the robbers, the BB guns, receipts for the purchase of the guns, and several identification cards.
Graham was detained at the motel, while Ghumman and Zamir fled. Graham was convicted and will be sentenced on April 20, 2016. Law enforcement officers continue to search for Ghumman and Zamir.
Today’s indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Town of Tonawanda Police Department, under the direction of Chief Jerome C. Uschold.
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.
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Two Gunmen Arrested in Roberson's Fine Jewelry Robbery, All Perpetrators Now in CustodyRead the Press Release
LITTLE ROCK—Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI), and Kenton Buckner, Chief of Little Rock Police Department (LRPD), announced today the arrests of the two gunmen who brandished handguns during the midday robbery of Roberson’s Fine Jewelry on September 22, 2015. The arrests are part of the continuing federal and local collaborative commitment to helping prevent violent crime in Little Rock.
Quinshod Shaw, 27, of Oklahoma City, Okla., was arrested Monday afternoon in Norman, Okla., and appeared before United States District Judge Charles B. Goodwin in the Western District of Oklahoma. Also Monday, Darris Denton, 29, Oklahoma City, Okla., was served an arrest warrant while being held in the McAlford Corrections Center in Stringfield, Okla., on unrelated state charges. Following the arrests, a second superseding indictment, which was returned by the Grand Jury on February 7, 2017, was unsealed. This unsealed indictment added Shaw and Denton, who have been identified as the two gunmen who assisted in the robbery, to five previously indicted defendants.
“The arrests that were carried out Monday show our unwavering determination to bring to justice all who commit crimes of violence in our community, no matter where those perpetrators may be hiding, and no matter how long it takes,” Thyer said. “We will use all means necessary—whether it be federal, state, or local resources—to help protect our community.”
On September 22, 2015, Shaw and Denton, along with Tony Gabriel, 49, Oklahoma City, Okla., and Siee Ramon Russell, 38, Oklahoma City, Okla., entered Roberson’s Fine Jewelry, located on Cantrell Road in Little Rock. While Shaw and Denton pointed guns at the employees and a customer, Russell smashed jewelry cases with a hammer and Gabriel grabbed various jewelry, including diamond earrings, bracelets, and rings, and placed it in a bag. The group stole more than $300,000 worth of jewelry.
The four men fled the store and left the scene in a stolen truck, which they abandoned in a nearby neighborhood. In the neighborhood, the group met Lenora Grant, 60, of Oklahoma City, Okla., Jobie Kirk, 51, Oklahoma City, Okla., and Darryl Madden, 52, Moore, Okla., and all co-conspirators drove back to Oklahoma in two vehicles.
The Little Rock Police Department obtained blood samples from broken shards of glass from the smashed cases which identified Russell’s DNA. LRPD also secured a hat which was used by a perpetrator in the robbery and discarded in the abandoned stolen truck. A DNA sample lifted off of the hat identified Gabriel. Surveillance video taken from the store confirmed the actions taken by the defendants.
“The arrests today demonstrate the need to aggressively pursue and prosecute those who commit violent crimes in our community in efforts to make Arkansas a safer place for all,” Upchurch said. “We appreciate the strong commitment of the Eastern District of the United States Attorney’s Office and the Little Rock Police Department.”
An indictment naming Gabriel and Russell was returned April 6, 2016. That original three-count indictment charged both defendants with conspiracy to commit a Hobb’s Act violation (interfering with commerce by means of robbery), aiding and abetting a Hobb’s Act violation, and aiding and abetting brandishing a firearm in furtherance of a crime of violence.
The getaway drivers—Grant, Kirk, and Madden—were named in a first superseding indictment, which contained the same charges and was returned on July 6, 2016. The second superseding indictment, unsealed Monday, also contains the same charges and names the two gunmen, Shaw and Denton.
On October 6, 2016, before United States District Court Judge J. Leon Holmes, Gabriel and Russell each pleaded guilty to aiding and abetting brandishing a firearm in furtherance of a crime of violence, and will be sentenced by Judge Holmes at a later date. In their plea agreements, Gabriel and Russell admitted to the facts of the robbery, including everyone’s individual role.
Kirk, Madden, and Grant are set for trial before Judge Holmes on April 24, 2017. Shaw and Denton will appear before Judge Holmes for plea and arraignment at a later date, after they are transported to Little Rock.
The maximum penalties for brandishing a firearm in furtherance of a crime of violence is not less than seven years, or more than life, imprisonment, not more than $250,000 fine, and not more than five years supervised release. The maximum penalties for conspiracy to commit a Hobbs Act violation (robbery) and commission of a Hobbs Act violation is not more than 20 years’ imprisonment, not more than a $250,000 fine, and not more than three years supervised release.
The FBI and LRPD worked the Roberson case investigation in a joint partnership. The case is being prosecuted by First Assistant United States Attorney Patrick Harris and Assistant United States Attorney Erin O’Leary.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
Two Florida Realtors Plead Guilty to Mortgage Fraud ChargesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that David Cevallos (46, Miami) and Osbel Sanchez (45, Tampa) have pleaded guilty to conspiracy to commit wire fraud affecting a financial institution. Each faces a maximum penalty of 30 years in federal prison. Sanchez’s sentencing hearing has been set for April 24, 2017, and Cevallos’s sentencing hearing has been set for May 8, 2017.
According to the plea agreements, between summer 2008 and January 2009, Cevallos and Sanchez conspired with each other and others to fraudulently induce lenders into making mortgage loans based upon false information. This conspiracy involved a series of real estate transactions where the parties, including Cevallos and Sanchez, would make or cover up false statements made to the lenders regarding the source of down payments for the real estate transactions, and the manner in which the mortgage funds would be distributed. Most of these transactions involved Tribute Residential, a real estate development company operated by co-conspirator Rebecca Gheiler, as the seller.
Specifically, the parties represented to the lenders that down payments for these properties were being provided by the individuals purchasing the properties, when in fact they were provided by Cevallos or Sanchez. After the transactions had closed and the mortgage funds were released to Tribute Residential, Gheiler would arrange for the post-closing payments of the mortgage proceeds to be provided to Cevallos’s real estate firm, Metro Brokers. These post-closing payments reimbursed Cevallos for the money that he or Sanchez had provided to cover the buyer’s down payments, and to provide post-closing commissions from funds that were supposed to go to the seller. As a result, the lenders were unknowingly funding the down payment for the transactions (as well as undisclosed commissions) from the mortgage proceeds themselves, and were being misled as to the true value of the properties for which they were providing loans.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the Florida Office of Financial Regulation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu and Special Assistant United States Attorney Chris Poor.
Twentieth Lottery Scam Defendant SentencedRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Marvin Songlin, age 32, of Myrtle Beach, SC, was sentenced yesterday in federal court in Florence for his role in a bogus lottery scam that targeted elderly victims across the country. He had previously pled guilty on charges of conspiracy to commit mail and wire fraud and possession with intent to distribute and distribution of marijuana. United States District Judge R. Bryan Harwell of Florence sentenced Songlin to four years in federal prison, and ordered to pay restitution to the victims. Nineteen defendants involved in the scam have previously been convicted and sentenced by Judge Harwell.
Evidence presented at Songlin’s guilty plea hearing established that he served as a “money mule” for a group that convinced more than 150 victims that they had to pre-pay taxes or fees in order to receive lottery or sweepstakes winnings. The victims, mostly elderly, sent more than $1 million in fees or taxes to Songlin and other money mules, who in turn transmitted the funds to co-conspirators in Jamaica.
The case was investigated by agents of the Bureau of Immigration and Custom Enforcement (ICE), Homeland Security Investigations, and the U.S. Postal Inspection Service (UPIS). Assistant United States Attorneys Eric J. Klumb of the Charleston office and A. Bradley Parham of the Florence office prosecuted the case.
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Three men convicted in federal court on robbery chargesRead the Press Release
Led law enforcement officials on high speed chase trying to escape
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler announced today that three men were convicted in federal court on bank robbery charges after a five-day jury trial before U.S. District Judge Tanya Walton Pratt. Duprece Jett 38, Indianapolis, Damion McKissick, 38, Fort Wayne and Earl Lee Walker, 38, Fort Wayne were all convicted of conspiracy to commit robbery and attempted bank robbery.
“The reign of terror for these three men is over,” said Minkler. “Those who put our citizens in harm’s way and disrupt commerce in Central Indiana will be held accountable.”
Jett and McKissick, dubbed the Rick James robbers due to their long hair and sunglasses disguise, began their conspiracy in September of 2015, with the robbery of the Advanced America Check Cashing Service in the 5600 block of Georgetown Road in Indianapolis. That incident was followed by the robberies of the Indiana Members Credit Union (IMCU) on Wesleyan Road in Indianapolis on September 19, 2015, and in Avon, Indiana on November 19, 2015.
On December 12, 2015, Jett, McKissick and Walker attempted to rob the IMCU near East 96th St and Grey Road in Carmel but law enforcement officials intervened. The trio fled, setting off a car chase that went into Hamilton, Marion and Boone counties reaching speeds in excess of 100 mph, swerving in and out of traffic and running traffic signals. The pursuit ended near the intersection of US 421 and IN 32, where all were apprehended.
Sentencing for all three is scheduled for May 2017.
This case was investigated by the Federal Bureau of Investigation and the Indianapolis Metropolitan Police Department.
According to Assistant U.S. Attorneys Bradley P Shepard and Peter Blackett, who both prosecuted this case for the government, all defendants could face up to 40 years’ imprisonment.
Syracuse Woman Pleads Guilty to Sexually Exploiting Ten-Year Old ChildRead the Press Release
SYRACUSE, NEW YORK – Kerry Smith, 41, of Syracuse, New York, pled guilty today to sexual exploitation of a child, announced United States Attorney Richard S. Hartunian and James Jewell, Acting Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
As part of her guilty plea today in United States District Court, Smith admitted that in 2014 she engaged in sexually explicit conduct with a 10-year-old child, produced images of the abuse, and distributed the images to another person using her mobile telephone. Smith was arrested for this offense in April of 2016 when the images were recovered from a computer belonging to that person, who told police he had received them from a woman he knew as “Kerry.”
Sentencing is scheduled for June 13, 2017 before Hon. Glenn T. Suddaby, Chief United States District Judge. If the court accepts the plea agreement, Smith will be sentenced to fifteen (15) years imprisonment and a term of supervised release of at least 5 years, and up to life. She will also have to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Smith’s case was investigated by the Albany Division of the FBI (Syracuse Resident Agency), and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Stark County man charged with violating Clean Water Act for dumping wastewater in Tuscarawas River tributariesRead the Press Release
A grand jury returned a four-count indictment charging a North Lawrence man with violating the Clean Water Act by dumping wastewater into tributaries of the Tuscarawas River, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Adam D. Boylen, 45, was indicted on four counts of violating the Clean Water Act by making unpermitted discharges.
“This defendant willingly dumped wastewater into streams, fouling the water and killing aquatic life,” Rendon said. “He put his convenience ahead of the public’s welfare. We remain committed to protecting our environment, and this defendant will now be held accountable for his actions.”
“Protecting our water is critical, both for the health and safety of our citizens and our wildlife,” Ohio Attorney General Mike DeWine said. “We will continue to assist in this case and others like it to protect Ohio.”
“Our environmental laws help keep illegal waste out of local waterways and protect clean water and public health,” said John Gauthier, Acting Special Agent in Charge of the U.S. EPA’s criminal enforcement program in Ohio. “The illegal discharge in this case killed a substantial number of fish and caused serious damage to critical wildlife habitat. Today’s indictment is the direct result of the strong working relationship that EPA has built with our law enforcement partners at the federal, state, and local levels.”
Boylen was a driver employed by an Ohio-based trucking company. Boylen’s job was to load wastewater generated from corporate facilities into a tanker truck and to drive the wastewater to a designated facility located in Pennsylvania for proper disposal. The wastewater contained surfactants capable of killing vegetation and fish, according to court documents.
Instead of delivering the wastewater to Pennsylvania, Boylen drove the tanker truck to remote locations in Tuscarawas County and central-eastern Ohio and emptied the wastewater containing surfactants into waters of the United States, according to court documents.
Boylen is charged with dumping the wastewater into two different tributaries of the Tuscarawas River, a wetland adjacent to the Tuscarawas River, and the Beach City Reservoir, on numerous occasions between April 18 and May 4, 2016.
White foam flowed down tributaries and streams as a result of Boylen’s actions. In one instance, the foam traveled four miles downstream from the location where the tanker truck was emptied. Vegetation was killed at all the locations. Approximately 709 fish were killed in one of the tributaries, and collectively, approximately 3,231 minnows, crayfish, frogs, and tadpoles were killed, according to court documents.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the unique characteristics of the violations. In all cases the sentence will not exceed the statutory maximum, and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Benedict S. Gullo and Brad J. Beeson. The case was investigated by the United States and Ohio Environmental Protection Agencies, the Ohio Attorney General’s Bureau of Criminal Investigation, the Stark County Sheriff’s Offices, the Tuscarawas County Sheriff’s Offices, the Ohio Department of Natural Resources, and the Ohio Department of Rehabilitation and Correction.
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.
St. Landry woman sentenced to 57 months in prison for stealing more than $250,000 from an Opelousas businessRead the Press Release
LAFAYETTE – United States Attorney Stephanie A. Finley announced that a St. Landry woman was sentenced Monday to 57 months in prison for stealing more than $250,000 from an Opelousas-based medical imaging business.
Misty Johnson, 40, of St. Landry, La., was sentenced by U.S. District Judge Donald E. Walter on one count each of wire fraud, aggravated identity theft and theft of mail. She was also ordered to pay $258,128.78 restitution. According to the July 12, 2016 guilty plea, Johnson worked as an office manager for an Opelousas medical imaging services business from January 2009 to July 2014. She was responsible for day-to-day financial operations including billing, payroll and managing accounts payable and receivable. Her responsibilities included access to the company’s financial information and mail. She also had signatory authority on business accounts and was provided a company credit card for making purchases. In order to further the scheme, she would write checks to herself or to cash, issue herself additional paychecks and make unauthorized purchases on the company credit card. She would then alter the company’s account records to look as though she was properly paying the company’s bills. Johnson also stole company mail including past-due bills and brought them to her home. Johnson’s theft totaled $258,128.78.
The U.S. Postal Inspection Service conducted the investigation. Assistant U.S. Attorneys Dominic Rossetti and John Luke Walker prosecuted the case.
St. Francis Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man charged with Assault by Striking, Beating, and Wounding pled guilty and was sentenced on February 10, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Ray Mcfarland, age 41, was sentenced to four days in custody, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Mcfarland was charged by criminal complaint on January 20, 2017.
The conviction stemmed from an incident that took place on January 19, 2017, when Mcfarland struck his girlfriend.
This investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Mcfarland was immediately turned over to the custody of the U.S. Marshals Service.
Senegalese Man Sentenced for Passport FraudRead the Press Release
ALBANY, NEW YORK – Lanssana Soumare, age 55, of Senegal, was sentenced today to time served (49 days in jail) for passport fraud.
The announcement was made by United States Attorney Richard S. Hartunian and Steven Bronson, United States Customs and Border Protection (CBP) Port Director for the Champlain Port of Entry.
As part of his guilty plea, Soumare admitted that he presented another person’s Canadian passport to a CBP officer at the Champlain Port of Entry on December 27, 2016. Soumare presented the passport in an attempt to enter the United States from Canada. As part of his plea, Soumare also admitted that he was not a Canadian citizen and that the passport was not issued to him.
Following his sentencing, Soumare was remanded to the custody of the Department of Homeland Security, which will place Soumare into removal proceedings.
This case was investigated by CBP and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Scranton Man Guilty of Conspiracy to Distribute Bath SaltsRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Peterson, age 33, of Scranton, Pennsylvania, pleaded guilty on February 13, 2017, before Senior U.S. District Court Judge James M. Munley to participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”
According to United States Attorney Bruce D. Brandler, Peterson admitted to agreeing with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015. Peterson resided in Luzerne County at the time he was involved in the conspiracy.
Peterson was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including the Texas-based principal supplier of the bath salts. Peterson is the thirteenth defendant to plead guilty in the case.
Judge Munley ordered a pre-sentence investigation to be completed and scheduled sentencing in the case for May 16, 2017.
The case was investigated by Homeland Security Investigations, United States Postal Inspectors, the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Roanoke Man Pleads Guilty to Child Pornography ChargeRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who used a peer-to-peer file sharing network that allowed others to access his images of hard core child pornography, pled guilty today in the United States District Court for the Western District of Virginia, Acting United States Attorney Rick A. Mountcastle announced.
William Rhodes, a.k.a. “Billy Rhodes,” a.k.a. “BillRho,” a.k.a. “hel_yeh1,” age 26, of Roanoke, Va., pled guilty today to one count of knowingly distributing or receiving or attempting to distribute or receive child pornography.
“Mr. Rhodes made available vile images of child pornography and chatted with others who shared in his perverse interest in such material,” Acting United States Attorney Mountcastle said today. “I am thankful to the investigators in Texas and Virginia for working quickly and cooperatively in locating this defendant. I am also grateful to the prosecutors in this case for bringing this defendant to justice before he could hurt any more children through further distribution of these disturbing images.”
According to a factual statement filed today in court by Assistant United States Attorney Nancy S. Healey, on March 23, 2014, an undercover task force officer with the Federal Bureau of Investigation working in Texas, accessed a peer-to-peer file sharing network, and identified a computer with a particular IP address as a potential source of files associated with hash values previously known to belong to images of child pornography. The undercover agent successfully downloaded 1,432 images from this torrent, the vast majority of which depicted prepubescent females engaged in sexually explicit conduct and sadistic abuse, including depictions of infants and toddlers.
On September 10, 2014, an FBI task force officer working in Richmond downloaded approximately 320 images from the same torrent from a different IP address. The investigation revealed that the downloads were associated with the same Roanoke, Virginia address.
A search warrant was executed at that Roanoke residence in the early morning hours of February 2, 2015. The defendant, William Rhodes, was the adult son of the homeowners and was living at the home. He was briefly interviewed during the search and told investigators he knew why there were there, without specifically mentioning the downloading of child pornography.
A forensic examination of the defendant’s computer conducted by the Virginia State Police revealed substantial corroborating evidence that proved the defendant was the person responsible for the downloads conducted by the task force officers, including Skype chat evidence suggesting that the defendant had transferred videos from the same torrent to another individual.
The investigation of the case was conducted by Federal Bureau of Investigation, the Virginia State Police and the Roanoke City Police. Assistant United States Attorney Nancy S. Healey and Jessica Urban, U.S. Department of Justice, Child Exploitation and Obscenity Section, are prosecuting the case for the United States.
Ringleader of Prostitution Racketeering Enterprise Sentenced to 46 Months in Prison and $5,269,698 in ForfeitureRead the Press Release
SAN FRANCISCO – Allen Fong was sentenced to 46 months in prison and was ordered to pay a $5,269,698 forfeiture money judgment for his role in operating an international prostitution racketeering enterprise, announced United States Attorney Brian J. Stretch and Homeland Security Investigations ("HSI") Special Agent in Charge Ryan Spradlin.
Fong, 60, of San Mateo, pleaded guilty on July 5, 2016, to numerous crimes, including racketeering, in connection with a broad-ranging indictment filed in federal court on October 16, 2014. In pleading guilty to all 32 counts in the indictment, Allen Fong admitted that from August 2006 through July 2014, he was involved in the day-to-day operations of an ongoing racketeering enterprise that recruited women from overseas to work in brothels in Bay Area cities, including Foster City, Cupertino, San Bruno, San Mateo, and Santa Clara. Fong’s activities included renting apartments for use as brothels, paying the rent, telephone and utility services for operating the enterprise, arranging for telecommunications services for prostitution advertisements and appointments for sexual activity between prostitutes and their customers, and transferring proceeds in amounts of thousands of dollars from the United States to Singapore. Fong also admitted he met a co-conspirator at the San Francisco International Airport traveling from Singapore to the United States and drove her to an enterprise brothel where she was housed and worked as a prostitute.Court papers described the operation of the enterprise, Fong’s role as the leader of that enterprise, and Fong’s activities such as providing logistical support for the brothels, determining how much the prostitutes could charge customers for sexual services, determining and collecting the enterprise's share of the prostitutes' earnings, and deciding additional policy matters. Court papers also documented Fong’s own words in recorded conversations such as his comment that “tons” of “girls” from Asian countries such as Singapore, Taiwan, and Hong Kong would be arriving “next month.”
In all, Fong pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, in violation of 18 U.S.C. § l962(d); one count of conspiracy to use interstate and foreign commerce to promote prostitution in aid of a racketeering enterprise, in violation of 18 U.S.C. §§ 371 and 1952(a)(3); eleven counts of use of interstate commerce to promote prostitution in aid of a racketeering enterprise, in violation of 18 U.S.C. §§ 1952(a)(3) and 2; one count of conspiracy to launder monetary instruments, in violation of 18 U.S.C. §§ 1956(h) and 1956(a)(1)(A)(i); nine counts of substantive money laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and 2; one count of conspiracy to transport funds from the United States to a foreign country to promote unlawful activity, in violation of 18 U.S.C. §§ 1956(h) & 1956(a)(2)(A); seven counts of transporting funds from the United States to a foreign country to promote unlawful activity, in violation of 18 U.S.C. §§ 1956(a)(2)(A) and 2; and one count of conspiracy to transport an individual in interstate and foreign commerce for prostitution and importation of alien for immoral purpose, in violation of 18 U.S.C. §§ 371 & 2421, and 8 U.S.C. § 1328.
Fong’s prison term includes sentencing enhancements for his leadership role in the Enterprise and the number of prostitute victims involved. The forfeiture money judgment of $5,269,698 represents proceeds generated by the conspiracy. Judge Seeborg also sentenced Fong to a $12,500 fine, $3,200 in special assessments, and a three-year period of supervised release with conditions that include the supervising officer’s access to Fong’s financial information. Fong was ordered to self-surrender to the Bureau of Prisons to begin serving his prison term on April 18, 2017.
Assistant U.S. Attorney Deborah R. Douglas is prosecuting the case assisted by Christine Tian and Lance Libatique. Assistant United States Attorney David Countryman assisted with forfeiture matters. The prosecution results from a joint investigation by the Department of Homeland Security, Homeland Security Investigations San Francisco Field Office, and the San Mateo Police Department.Rhode Islanders Urged to Attend Opioid and Heroin Awareness Town Hall MeetingRead the Press Release
PROVIDENCE – In continuing partnership with substance abuse prevention coalitions and student assistance counselors across Rhode Island, United States Attorney Peter F. Neronha on Wednesday evening will moderate the ninth in a series of town hall meetings and community forums addressing the growing epidemic of opioid and heroin addiction in Rhode Island and elsewhere. Parents, students, teachers, school administrators, community leaders and residents from across Rhode Island are encouraged to join the discussion at Barrington High School, beginning at 7:00 p.m.
Wednesday’s town hall meeting will include an overview of the addiction problem in Rhode Island, a screening of the powerful documentary Chasing the Dragon - an unscripted and real-life look at the devastation of opioid and heroin addiction; the personal story of a parent, Deborah Parente, who lost her only child to opioid and heroin addiction; and a frank discussion about addiction and treatment, and the impact this epidemic is having in every Rhode Island community.
The open discussion will include experts from the medical, treatment, education, and law enforcement communities. Scheduled to participate in the discussion are Dr. James MacDonald, R.I. Department of Health; Michael Rizzi, treatment and behavioral healthcare expert; Barrington High School Student Assistance Counselor Joanne Royley; Barrington Police Chief John LaCross; Rhode Island Deputy Attorney General Gerald J. Coyne; and DEA Resident Agent in Charge Sam Masiello.
United States Attorney Peter F. Neronha commented, “Opioid/heroin addiction and overdose is the most serious non-national security related threat to public safety that I have seen in my tenure as United States Attorney. While strong law enforcement interdiction efforts remain critical, equally critical are effective and widely available prevention and treatment measures. By alerting students to the threat and talking to them about making smart choices, and by engaging the community at large in a discussion with experts in all three areas, it is my hope that we, in partnership with many, many others, can help make progress in dealing with this public health crisis.”
To date, community forums have been held in Providence, South Kingstown, North Kingstown, Middletown, Woonsocket, Bristol and Cranston. Students have participated in similar in-school opioid and heroin addiction awareness programs in Providence, Portsmouth, Johnston, North Kingstown, Central Falls, North Providence and South Kingstown. Community forums and school presentations are planned for other communities in Rhode Island as well.
For program information or to schedule an opioid and heroin addiction and prevention awareness program, please contact the Substance Abuse and Prevention Coalition director in your community; Elizabeth Farrer at the R.I. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals at (401) 462-0644; or Jim Martin, Public Information Officer and Community Outreach Specialist at the United States Attorney’s Office at (401) 709-5357.
For information about in-school awareness programs, please contact a student assistance counselor in your community; Sarah Dinklage, Executive Director of R.I. Student Assistance Services; or Jim Martin, Public Information Officer and Community Outreach Specialist at the United States Attorney’s Office at (401) 709-5357.
Assistance and information about treatment options for opioid addiction is available from a licensed counselor 24-hours a day, 7 days a week by calling Prevent Overdose RI at 942-STOP (942-7867).
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Registered Sex Offender Pleads Guilty to Child Pornography ChargesRead the Press Release
PROVIDENCE – Ryan J. Lebrun, 23, of Pawtucket, pleaded guilty in U.S. District Court in Providence today to a three-count federal indictment charging him with possession and distribution of child pornography. According to court records, Lebrun, a registered sex offender, was previously convicted in Rhode Island state court in two unrelated child pornography cases. He faces between 15-40 years in federal prison when he is sentenced in May.
Appearing before U.S. District Judge John J. McConnell, Jr., Lebrun pleaded guilty to two counts of distribution of child pornography and one count of possession of child pornography.
Lebrun’s guilty plea is announced by United States Attorney Peter F. Neronha; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England; Harold H. Shaw, Special Agent in Charge of the FBI Boston Division; and Colonel Ann S. Assumpico, Superintendent of the Rhode Island State Police.
According to court records and information presented to the court, in June 2015, while conducting an investigation into the sharing of child pornography, German law enforcement accepted an online solicitation on a Peer to Peer (P2P) file sharing program from an individual later identified as Ryan Lebrun. German authorities were able to access Lebrun’s files and library from which they downloaded several files of child pornography.
In September 2015, HSI in Rhode Island was notified by HSI Cyber Crimes Center via Interpol, Wiesbaden, Germany, of Lebrun’s online activities. HSI agents in Rhode Island viewed Lebrun’s files and library, and identified approximately 21 images and 3 videos of child pornography.
In October 2015, it was learned that the FBI was also investigating Lebrun’s activities on the P2P file sharing program. The FBI also downloaded images of child pornography from Lebrun’s files and engaged in online chats with Lebrun.
Additionally, in October 2015, the Rhode Island State Police Internet Crimes Against Children (ICAC) task force received information from the National Center for Missing and Exploited Children regarding a Google email account that contained child pornography. The email account, which also contained an image of Lebrun, was determined by Rhode Island State Police to belong to Lebrun.
On November 9, 2015, HSI, FBI and a Rhode Island State Trooper assigned to the ICAC executed a court authorized search warrant at Lebrun’s Pawtucket residence. The search resulted in the seizure of, among other things, numerous electronic devices and digital storage cards. A forensic examination of the devices and storage cards identified more than 200 videos and 90 images of child pornography.
According to court records, Lebrun, a registered sex offender, was twice convicted in Rhode Island state court on child pornography charges. On April 16, 2011, Lebrun was arrested by the Warwick Police Department and charged with possession of child pornography. He pleaded guilty and on November 10, 2011, he was sentenced to 3 years of probation. On April 17, 2013, Lebrun was arrested by Rhode Island State Police and charged with possession and transfer of child pornography. He pleaded guilty and on November 20, 2013, was sentenced to 5 years of incarceration with 2 years to serve.
Lebrun, who is currently detained in federal custody, is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on May 8, 2017. At sentencing, Lebrun faces statutory penalties of 15-40 years in federal prison and between 5 years and lifetime supervised release for distribution of child pornography; and 10-20 years imprisonment and between 5 years and lifetime supervised release for possession of child pornography.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI