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Monday 19 December 2016
Kern County Man Pleads Guilty to Possessing Methamphetamine with the Intent to Distribute ItRead the Press Release
FRESNO, Calif. — Jose Soto, 36, of Lamont, pleaded guilty today to possession with intent to distribute methamphetamine, United States Attorney Phillip A. Talbert announced.
According to court documents, on May 5, 2016, at his residence, Soto possessed over two pounds of methamphetamine that he intended to sell. At the time of his arrest, Soto was on Kern County Mandatory Supervision for a prior narcotics trafficking offense.
This case is the product of an investigation by the Drug Enforcement Administration and the Kern County Probation Department. Assistant United States Attorney Angela Scott is prosecuting the case.
Soto is scheduled to be sentenced on March 6, 2017, by U.S. District Judge Dale A. Drozd. Soto faces a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Justice Department Reaches Agreement with Princeton University to Resolve Americans with Disabilities Act Compliance ReviewRead the Press Release
The Justice Department announced today that it reached an agreement with Princeton University to resolve a compliance review initiated in May 2014 regarding Princeton’s treatment of students with mental health disabilities and its policies and practices related to requests for reasonable modifications, withdrawals and leaves of absences.
The agreement details specific steps Princeton will take to strengthen its policies, practices and training to benefit all current and future Princeton students with disabilities. Under the agreement, Princeton will:
- revise its policies to explicitly describe the types of accommodations students with disabilities may request, including modifications to university policies, rules and regulations; where students may submit each type of accommodation request; and how Princeton will evaluate those requests;
- revise the websites for its Office of Disability Services and its Office of the Dean of Undergraduate Students to direct students to relevant policies and procedures related to requesting reasonable accommodations;
- revise its leave policy and practices, consistent with regulations implementing Title III of the Americans with Disabilities Act (ADA); and
- provide annual training, including references to updated policies, on Title III of the ADA, with a focus on mental health disability discrimination, to all faculty and staff responsible for evaluating and/or deciding requests from students for reasonable accommodations.
“This agreement reflects the critical role that colleges and universities play in fulfilling the ADA’s promise of equal opportunity, full participation, independent living and economic self-sufficiency,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “By working directly with students with disabilities to determine appropriate accommodations, colleges and universities can meet their obligations under the ADA.”
“The ADA, which is one of this country's most comprehensive pieces of civil rights legislation, prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life,” said U.S. Attorney Paul J. Fishman of the District of New Jersey. “Through this agreement, students with disabilities move closer to achieving full equality and integration into places of higher education.”
For more information please visit the department’s website www.ada.gov. Those interested in finding out more about the ADA may also call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD).
The compliance review was conducted jointly by the Civil Rights Division’s Disability Rights Section and the U.S. Attorney’s Office of the District of New Jersey. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Jersey is available on its website at www.justice.gov/usao/nj.
Princeton University
Justice Department Reaches Agreement with Princeton University to Resolve Americans with Disabilities Act Compliance ReviewRead the Press Release
NEWARK, N.J. – The Justice Department and the U.S. Attorney’s Office, District of New Jersey, announced today that they have reached an agreement with Princeton University to resolve a compliance review initiated in May 2014 regarding Princeton’s treatment of students with mental health disabilities and its policies and practices related to requests for reasonable modifications, withdrawals, and leaves of absences.
The agreement details specific steps Princeton will take to strengthen its policies, practices, and training to benefit all current and future Princeton students with disabilities. Under the agreement, Princeton will:
- revise its policies to explicitly describe: the types of accommodations students with disabilities may request, including modifications to University policies, rules, and regulations; where students may submit each type of accommodation request; and how Princeton will evaluate those requests;
- revise the websites for its Office of Disability Services and its Office of the Dean of Undergraduate Students to direct students to relevant policies and procedures related to requesting reasonable accommodations;
- revise its leave policy and practices, consistent with regulations implementing Title III of the Americans with Disabilities Act (ADA); and
- provide annual training, including references to updated policies, on Title III of the ADA, with a focus on mental health disability discrimination, to all faculty and staff responsible for evaluating and/or deciding requests from students for reasonable accommodations.
“The ADA, which is one of this country's most comprehensive pieces of civil rights legislation, prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life,” U.S. Attorney Paul J. Fishman, District of New Jersey, said. “Through this agreement, students with disabilities move closer to achieving full equality and integration into places of higher education.”
“This agreement reflects the critical role that colleges play in fulfilling the promise of the ADA: equality of opportunity, full participation, independent living, and economic self-sufficiency,” Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, said. “By working directly with students with disabilities to determine appropriate accommodations, colleges and universities can meet their obligations under the ADA.”
For more information or for a copy of the agreement, please visit the department’s website www.ada.gov. Those interested in finding out more about the ADA may also call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD).
The compliance review was conducted jointly by the Civil Rights Division’s Disability Rights Section and the U.S. Attorney’s Office for the District of New Jersey. Additional information about the Civil Rights Division is available on its websites at www.justice.gov/crt . Additional information about the U.S. Attorney’s Office/District of New Jersey’s Civil Rights Unit is available on its website at: https://www.justice.gov/usao-nj/civil-rights-enforcement .
The government is represented by Assistant U.S. Attorney Michael E. Campion, chief of the U.S. Attorney’s Office/District of New Jersey’s Civil Rights Unit, and Erin Richmond, trial attorney, U.S. Department of Justice, Civil Rights Division, Disability Rights Section.
- revise its policies to explicitly describe: the types of accommodations students with disabilities may request, including modifications to University policies, rules, and regulations; where students may submit each type of accommodation request; and how Princeton will evaluate those requests;
Justice Department Announces Findings of Investigation into Ville Platte, Louisiana, Police Department and Evangeline Parish Sheriff’s OfficeRead the Press Release
The Justice Department announced today that it found reasonable cause to believe that the Ville Platte, Louisiana, Police Department (VPPD) and the Evangeline Parish Sheriff’s Office (EPSO) engage in a pattern or practice of conduct that violates the Fourth Amendment to the Constitution.
The department found that VPPD and EPSO used a procedure the agencies called an “investigative hold” to detain individuals without probable cause during criminal investigations. As a result of this pattern or practice, people in Louisiana’s Evangeline Parish have been arrested and placed in holding cells without probable cause. Often, individuals were in holding cells for several days at a time, where they were unable to contact family, friends or employers and had limited access to food and personal items.
“When police officers investigate criminal activity, they must do so responsibly and within the boundaries of the law,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “The violations we found in Ville Platte and Evangeline Parish demonstrate a disturbing pattern of officers overstepping legal boundaries by placing residents in holding cells for days at a time without probable cause. We look forward to working with both agencies and the local municipalities to ensure that officers can effectively protect their communities and safeguard the liberties of the residents they serve.”
The Justice Department’s findings result from a comprehensive review of EPSO and VPPD’s relevant policies, procedures, training and accountability systems. The review included meetings with the leadership of both agencies and the city of Ville Platte, interviews with officers throughout the chain of command at both agencies and conversations with other members of the local community. Throughout the department’s investigation, VPPD, EPSO and the city of Ville Platte provided their full cooperation and were receptive to the department’s initial feedback. VPPD and EPSO leadership acknowledged that the investigative holds are unconstitutional and have taken laudable steps to begin eliminating their use. The department will continue to work closely with these law enforcement agencies and municipalities to remedy the issues identified in the report.
The Civil Rights Division’s Special Litigation Section conducted the investigation. Since the start of the administration, the Special Litigation Section has opened 25 investigations into law enforcement agencies. The department is enforcing 19 agreements with law enforcement agencies, including 14 consent decrees and one post-judgment order.
For additional information, please visit the Civil Rights Division’s website at www.justice.gov/crt.
Ville Platte and Evangeline Parish FindingsJersey City, New Jersey, Man Indicted for $3.5 Million Investment Fraud SchemeRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, man was indicted today on charges that he fraudulently obtained $3.5 million from two investors by falsely representing that his businesses had secured lucrative contracts to sell olive oil to major retailers, U.S. Attorney Paul J. Fishman announced.
Antonio Fasolino, 60, who was originally charged by complaint with one count of wire fraud in June 2016, is now charged by indictment with three counts of wire fraud and one count of transacting in criminal proceeds.
According to the indictment:
Fasolino owned several companies that were purportedly involved in the manufacture, sale and distribution of pasta, tomato sauce, olive oil and other food products. In 2012, Fasolino allegedly obtained approximately $3.5 million from two victims by falsely representing that Fasolino’s companies had been awarded lucrative contracts to sell olive oil. In fact, there were never any such contracts, and Fasolino spent the money on himself, including car and mortgage payments, apartment rentals, a wedding, college tuition and credit card payments.
Each count of wire fraud carries a maximum potential penalty of 20 years in prison. The transacting in criminal proceeds count carries a maximum potential penalty of 10 years in prison. Each charge in the indictment is also punishable by a potential $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to the charges. He also thanked special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen for their roles in the investigation.
The government is represented by Assistant U.S. Attorney Lakshmi Herman and Deputy Chief Zach Intrater of the U.S. Attorney’s Office’s Economic Crimes Unit, and Assistant U.S. Attorney Sarah Devlin of the Assert Forfeiture and Money Laundering Unit.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Alan Silber Esq., Roseland, New Jersey
Indiana Man Arrested and Charged with Fraudulently Obtaining Citizenship for Failure to Disclose Alleged Crimes Committed in Bosnia and Military Service During Bosnian ConflictRead the Press Release
A Crown Point, Indiana, man was arrested today after being charged with unlawfully procuring U.S. citizenship by allegedly failing to disclose during his naturalization process his Bosnian Serb Military service and charges of murder during the Bosnia Conflict in the 1990s.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Pat Miles of the Western District of Michigan and Acting Special Agent in Charge Steve Francis of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Detroit made the announcement.
Alexander Kneginich, 56, was indicted under seal by a federal grand jury on Dec. 15, 2016, with fraudulently obtaining U.S. citizenship after he emigrated from Bosnia-Herzegovina to the United States. Kneginich was arrested in Kalamazoo, Michigan, this morning, and the indictment was unsealed after his initial appearance.
The indictment alleges that Kneginich told a series of lies to U.S. immigration authorities in the course of obtaining authority to enter the United States as a refugee, that enabled him to subsequently get permanent-resident status and ultimately attain U.S. citizenship. Specifically, when he applied for refugee status, Kneginich is alleged to have falsely stated that his wife was an ethnic Croatian and that, because he is Serbian, they had to flee Bosnia to avoid the persecution experienced by persons in ethnically-mixed marriages. In addition, the indictment alleges that Kneginich knowingly failed to disclose in both his refugee application and his permanent-resident application that he had served in Bosnian Serb Military units during the Balkans Conflict of the early 1990s; that he knowingly failed to disclose in those applications that he had been charged, jailed and tried in Bosnia for the 1994 murders of two Muslim civilians; and that he falsely stated in his naturalization application that he had never lied to U.S. immigration authorities to obtain immigration benefits.
HSI investigated the case. Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Hagen W. Frank of the Western District of Michigan are prosecuting the case. The Criminal Division’s Office of International Affairs provided assistance in this matter.
INTERPOL Washington Provides Critical Support to Cold Case MurderRead the Press Release
On December 8, 2016, a U.S. federal grand jury returned an indictment against Silas Duane Boston, charging him with two counts of first degree maritime murder. He is accused of killing British tourists, Christopher Farmer and Peta Frampton, aboard his boat in the Caribbean Sea in the summer of 1978. Boston ran a charter boat company that was hired by the two victims who were vacationing in the Caribbean. According to the indictment, Boston murdered the couple and dumped their weighted bodies overboard. The boat, known as the Justin B. was owned by Boston, a U.S. citizen; therefore, maritime and territorial laws of the United States apply and the case is being prosecuted under federal jurisdiction. Boston was arrested on December 1, 2016, in Paradise, California, and was arraigned before U.S. Magistrate Judge Carolyn K. Delaney in the U.S. District Court Eastern District of California. Boston entered a plea of not guilty.
INTERPOL Washington—the U.S. National Central Bureau (USNCB)--has been supporting this cold case investigation since 2012. Since 2015, INTERPOL Washington has worked with INTERPOL Manchester, NCB; the Sacramento Police Department; the FBI Sacramento; and the Manchester (United Kingdom) Police Department. INTERPOL Washington facilitated contacts between the Sacramento and Manchester (United Kingdom) police department investigators; passed witness statements from Sacramento to Manchester; and circulated requests for information to NCBs worldwide. The bureau also researched correspondence and documentation filed with USNCB at the time the victims were reported to have been murdered. The Manchester UK Police Department expressly thanked the USNCB staff on behalf of the victims’ families for their support of the joint investigation, reinforcing the value of international police cooperation and coordination between INTERPOL member countries.
There is also a separate investigation into the disappearance and suspected murder of Boston’s wife in 1968. Boston’s next court appearance is scheduled for January 10, 2017. To read the full indictment, click here: https://www.justice.gov/usao-edca/pr/former-sacramento-resident-charged-murdering-british-couple-1978
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Huntington woman sentenced to over six years in federal prison for heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman caught with heroin was sentenced today to six years and eight months in federal prison, announced United States Attorney Carol Casto. Misty Renee Wentz, 38, previously pleaded guilty to possession with intent to distribute heroin.
On September 1, 2015, Wentz was approached and interviewed by Drug Enforcement Administration agents in Huntington. Wentz admitted to the agents that she was concealing heroin on her person. Wentz then provided the heroin to agents and admitted that she possessed the heroin for purposes of distribution. Wentz further admitted that she had conspired with multiple individuals over the previous year to distribute up to three kilograms of heroin that was transported to the Huntington area from Detroit.
The Drug Enforcement Administration conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Highland Man Sentenced to Five Years for Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Neil Rothfeder, age 58, of Highland, New York, was sentenced today to 5 years in prison, to be followed by a lifetime term of supervised release, for distributing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and Angel M. Melendez, Special Agent in Charge of Homeland Security Investigations (HSI), New York.
As part of his sentence, Rothfeder will also be required to register as a sex offender upon his release from prison.
As part of his July 6, 2016 plea, Rothfeder admitted to emailing child pornography to others in 2012.
The case was investigated by HSI New York and prosecuted by Assistant United States Attorney Katherine Kopita.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Henley Man Sentenced to 11 Years for Meth ConspiracyRead the Press Release
JEFFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Henley, Mo., man was sentenced in federal court today for his role in a conspiracy to distribute methamphetamine.
Michael Raymond Robinett, 38, of Henley, was sentenced by U.S. District Judge Stephen R. Bough to 11 years in federal prison without parole.
On July 25, 2016, Robinett pleaded guilty to participating in a conspiracy to distribute 500 grams or more of methamphetamine in Moniteau County.
On July 9, 2015, law enforcement officers stopped a Chevrolet Impala in which Robinett was a passenger. Robinett had a .22-caliber pistol in his back pocket. The owner of the vehicle, who was driving, gave officers permission to search the vehicle and they found more than 500 grams of methamphetamine in a black bag behind the passenger seat, along with a digital scale and a glass pipe.
Robinett admitted that he and a co-conspirator had distributed several pounds of methamphetamine over the past year. According to court documents, Robinett had made three trips to Kansas City, Mo., in the week before his arrest and obtained 600 grams of methamphetamine for $10,000 on each trip. Robinett committed the federal offense while on parole for an unrelated state felony conviction.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mid-Missouri Drug Task Force and the Moniteau County, Mo., Sheriff’s Department.
Hartford Man Found Guilty of Gang-Related MurderRead the Press Release
United States Attorney Deirdre M. Daly and Chief State’s Attorney Kevin T. Kane announced that a federal jury in New Haven has found ARTHUR STANLEY, also known as “Wiggs,” 27, guilty of committing the July 15, 2011 murder of Keith Washington, 23, of Windsor. The trial before U.S. District Judge Jeffrey A. Meyer began on December 5 and the jury returned its verdict this afternoon.
This matter stems from a joint law enforcement investigation headed by the FBI’s Northern Connecticut Violent Crimes Task Force into narcotics trafficking by members and associates of the Westhell and Team Grease street gangs and gang-related violent activity. Officers and inspectors of the Cold Case Homicide Unit of the Office of the Chief State’s Attorney are participating in the investigation.
At approximately 9:28 p.m. on July 15, 2011, the Hartford Police Department received a report of shots fired in the vicinity of 67 Oakland Terrace in Hartford. Officers responding to the scene located an unconscious person lying on the front porch of the residence with an apparent gunshot wound to the head. The victim, who was subsequently identified as Keith Washington, was transported to the hospital where he succumbed to his injuries on July 17, 2011.
According to the trial evidence and testimony, STANLEY, a member of the Westhell street gang, attempted to shoot and kill a member of a rival street gang who was talking with Washington on the front porch of 67 Oakland Terrace. He missed his intended target and shot Washington instead.
STANLEY has been detained in federal custody since April 2014 when he was arrested on federal narcotics charges. On October 27, 2015, a federal grand jury in New Haven returned an indictment charging STANLEY with engaging in a Violent Crime in Aid of Racketeering.
Judge Meyer scheduled sentencing for March 14, 2017, at which time STANLEY faces a mandatory term of imprisonment of life. STANLEY previously pleaded guilty to a crack cocaine conspiracy charge, and also will be sentenced for that offense.
This ongoing investigation is being conducted by the FBI’s Northern Connecticut Violent Crimes Task Force and the Cold Case Homicide Unit of the Office of the Chief State’s Attorney. The FBI Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
The case is being prosecuted by Assistant U.S. Attorneys Peter S. Jongbloed and John H. Durham with the assistance of New Haven State’s Attorney Patrick Griffin, who has been cross-designated as a Special Assistant U.S. Attorney in this matter.
General Electric to Pay $2.5 Million to Resolve Claims Concerning Military Aircraft Engine ComponentsRead the Press Release
BOSTON – General Electric Corporation (GE), headquartered in Boston, has entered into an agreement to resolve violations concerning Department of Defense (DOD) contractual requirements.
GE will pay $2,550,180 to resolve claims that from July 1, 2010, through April 30, 2014, GE’s subsidiary, Avio Aero, in Italy, failed to consistently perform interim pressure tests on gearboxes used in T700 and F110 engines in DOD helicopters and fighter jets, respectively. The government alleges that Avio’s failure to conduct the pressure tests violated provisions of contracts GE entered into with the Army, Navy and Air Force. The United States further alleges that Avio did not provide notice of the skipped tests, but rather stamped documents to indicate that such testing had been conducted.
“By failing to conduct these pressure tests consistently, and representing that the tests had been completed, Avio deprived the United States military of the necessary information to evaluate whether or not to accept Avio’s parts for use in important military equipment,” said United States Attorney Carmen M. Ortiz. “We commend GE for bringing this issue to the government’s attention and for working proactively with us to resolve it.”
U.S. Attorney Ortiz; Michael Connor, Resident Agent in Charge of the U.S. Army Criminal Investigation Command; Leo Lamont, Special Agent in Charge of the U.S. Naval Criminal Investigative Service, Northeast Field Division; David Priest, Special Agent in Charge of the U.S. Air Force Office of Special Investigations; and Craig Rupert, Special Agent in Charge of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office. The case was handled by Assistant U.S. Attorney Sonya A. Rao of Ortiz’s Civil Division.
Four Facing Federal Robbery, Prescription Opioid and Firearms Charges Arising Out of Armed Robbery of Pharmacy in RatonRead the Press Release
ALBUQUERQUE – Four men made their initial appearances in federal court in Albuquerque, N.M., this morning on a criminal complaint charging them with crimes arising out of the Dec. 3, 2016, armed robbery of a pharmacy in Raton, N.M. The four men, who were arrested on the federal charges on Dec. 16, 2016, remain in custody pending preliminary and detention hearings scheduled for later this week.
The federal charges against Antoine Mitchell, 28, Moses Dickens, 30, and Justin Harris, 25, all of Albuquerque, and Christopher Dominguez, 26, of Mountainair, N.M., were announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, Chief John Garcia of the Raton Police Department and Colfax County Sheriff Rick Sinclair.
The criminal complaint charges Mitchell, Dickens, Dominguez and Harris with conspiring to rob a business engaged in interstate commerce, possessing Oxycodone with intent to distribute, and brandishing firearms during a crime of violence. According to the criminal complaint, which is attached, the four defendants committed the offenses by robbing the Medicine Shoppe Pharmacy located at 1275 S. 2nd Street in Raton, at gunpoint on Dec. 3, 2016.
The four defendants were charged with local charges by the 8th Judicial District Attorney’s Office following their arrests on Dec. 3, 2016. The state charges will be dismissed in favor of federal prosecution.
The federal charges in the criminal complaint carry the following statutory maximum penalties on conviction: 20 years of imprisonment for conspiracy to rob a business engaged in interstate commerce, and 20 years of imprisonment for possession of Oxycodone with intent to distribute. The penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory minimum of seven years in prison to be served consecutive to any prison sentence imposed on the other charges.
Charges in complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque, Raton Police Department, Colfax County Sheriff’s Office and the Trinidad (Colorado) Police Department, with assistance from the 8th Judicial District Attorney’s Office. DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Mitchell ComplaintFort Myers Man Sentenced to Federal Prison for Credit Card Fraud and Identity TheftRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Edrey Santo Rojas (31, Fort Myers) to three years and nine months in federal prison for access device (credit card) fraud and aggravated identity theft. He pleaded guilty on August 31, 2016.
According to the plea agreement, between December 9, 2014, and August 8, 2015, Santo Rojas used unauthorized credit card information at retail establishments, including the Nike Factory Store, Target, Kay Jewelers, McDonalds, and the Home Depot to acquire items using the credit card information of others without lawful authority.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.
Former Suny Buffalo State Graduate Student Sentenced for Transmitting Threatening CommunicationsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Benjamin Bolton, 32, of Glendale, Colorado, who was convicted of transmitting interstate communications containing threats to injure the person of another was sentenced to 30 months in prison by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant was admitted to SUNY Buffalo State College as a graduate student for the Fall 2013 semester. As a result of incidents at the school that included disputes with faculty members, Bolton was suspended from the college in April 2014. Beginning in June 2015 and continuing until August 5, 2015, the defendant made numerous telephone calls to faculty and staff personnel employed at SUNY Buffalo State, and to officers of the Buffalo State University Police Department. During many of these calls, Bolton threatened to assault police officers, faculty, and staff members, whom the defendant identified by name.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Buffalo State University Police Department, under the direction of Chief Peter Carey.Former Olympic Gymnastics Doctor Indicted on Federal Child Pornography ChargesRead the Press Release
GRAND RAPIDS, MICHIGAN – A federal grand jury indicted Lawrence Gerard Nassar on federal child pornography charges. As recently as last year, Nassar was a physician for the U.S. Gymnastics Team. The grand jury alleges in the indictment that Nassar received and attempted to receive child pornography in 2004, and that he possessed thousands of images of child pornography between February of 2003 and September of 2016. If convicted of both of these charges, Nassar faces a mandatory minimum of five years’ imprisonment and up to 40 years of imprisonment, and up to lifetime supervised release after release from custody.
Nassar appeared in federal court to hear the charges against him on Friday, December 16, 2016. A hearing on whether he should receive bond pending trial is pending. The federal investigation that led to the charges is ongoing. Anyone with information about additional child pornography offenses, or criminal sexual conduct Dr. Nassar may have committed outside Michigan or abroad, should contact the Detroit FBI Office at (313) 965-2323. Anyone with information about alleged sexual assaults Dr. Nassar committed within the State of Michigan should contact Michigan State University Police at 844-99-MSUPD (67873).
The charges are the result of a joint investigation by the Federal Bureau of Investigation (FBI) and the Michigan State University Police Department (MSUPD), and this case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The charges in the indictment are only allegations and are not evidence of guilt. The defendant is presumed innocent unless and until proven guilty, and the government has the burden of proving his guilt beyond a reasonable doubt.
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Former Burien Store Owner Sentenced to 14 Months in Prison for Food Stamp TraffickingRead the Press Release
The former owner of Cynthia’s Polynesian Market in Burien, Washington was sentenced today in U.S. District Court in Seattle to 14 months in prison and three years of supervised release for food stamp benefit fraud, announced U.S. Attorney Annette L. Hayes. ROHIT REDDY, 43, pleaded guilty to Supplemental Nutrition Assistance Program (SNAP) fraud on July 1, 2016. In his plea agreement, REDDY admitted that he allowed SNAP recipients to exchange their benefits for cash, while his store kept about 50 percent of the amount fraudulently redeemed on the benefit card. In imposing the sentence, U.S. District Judge James L. Robart encouraged REDDY, a native of Fiji, to “Please go back and preach the message to your community that the law applies to everyone.”
According to records filed in the case and evidence presented to the court, between March 2014 and June 2015 Cynthia’s Polynesian Market conducted more than 7600 transactions using food stamp debit cards. Of those transactions more than 2000 were for a dollar amount above $120. Investigators believe that is an unusually high number given the size and product selection at the market. Additionally, on 11 different occasions undercover agents were able to redeem benefits for cash while providing the store with the 50 percent premium. Finally, using a surveillance camera, investigators were able to link the processing of large dollar amounts from food stamp cards with the customers leaving the store. Investigators determined that the customers ‘spent’ as much as $600 but left the store with no or very few grocery bags – an indicator that the card benefits had been illegally exchanged for cash. On many of the higher transactions, the debit card was first checked to determine the balance, and the next transaction was to reduce the balance to almost zero – another sign of fraud.
At the sentencing hearing, prosecutors asked that the court determine the fraud was more than $250,000, while the defense argued it could be less than $10,000. Noting that REDDY had little ability to pay back the loss, Judge Robart set the loss and the restitution to be paid to the government of just more than $95,000.
The case was investigated by the U.S. Department of Agriculture Office of Inspector General (USDA-OIG) and the FBI. The case was prosecuted by Assistant United States Attorneys Rebecca Cohen and Thomas Woods.
Former Bank Teller Sentenced for EmbezzlementRead the Press Release
BOSTON – A former teller at Lenox National Bank in Lenox, Mass. was sentenced today in U.S. District Court in Springfield in connection with embezzling almost $300,000 from the bank.
Bernadine M. Powers, 41, of Becket, Mass., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 18 months in prison, three years of supervised release, and ordered to pay $299,793 in restitution. In September 2016, Powers pleaded guilty to one count of conspiracy to embezzle funds from a bank.
Powers, a bank teller at Lenox National Bank, conspired with another bank teller, Melissa Scolforo, to embezzle money from the teller drawers and make false entries in bank records to hide the thefts. In January 2009, Scolforo began stealing the money, and Powers joined the scheme about a year later. The two tellers stole a total of $378,000 before the embezzlement was brought to light during a bank audit in November 2013. Lenox National Bank has since been acquired by Adams Community Bank.
Scolforo previously pleaded guilty to the same charge and is scheduled to be sentenced on Jan. 30, 2017.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Karen L. Goodwin of Ortiz’s Springfield Branch Office prosecuted the case.
Former Attorney Indicted on Bankruptcy Fraud ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Josiah Hutton (60, Winter Haven) with concealment of assets and embezzlement from a bankruptcy estate. If convicted, he faces a maximum penalty of five years in federal prison on each count.
According to the indictment, Hutton was retained to represent a debtor who was planning to file for bankruptcy. In anticipation of filing a bankruptcy petition, Hutton received a settlement check, which was the property of the debtor’s bankruptcy estate, that he deposited into his attorney escrow account. Hutton prepared and certified the debtor’s bankruptcy petition but failed to list the settlement check as an asset, thereby concealing it from creditors and the bankruptcy court. Subsequent to the filing of the debtor’s petition, Hutton embezzled a large portion of the settlement check for his own personal use.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation and the Florida Department of Law Enforcement, with assistance from the Office of the United States Trustee for the Middle District of Florida, Tampa Division. It will be prosecuted by Special Assistant United States Attorney Chris Poor.
Farmington Man Pleads Guilty to Violating Federal Drug Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – David Kingsbeck 43, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal drug trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office.
Kingsbeck was arrested on March 4, 2016, on a criminal complaint charging him with trafficking methamphetamine in San Juan County, N.M. According to the complaint, Kingsbeck sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.
Kingsbeck and his co-defendant Rupesh Bhakta, 38, also of Farmington, were subsequently indicted on March 23, 2016. Kingsbeck was charged individually with being a felon in possession of a firearm on July 1, 2015 and Dec. 30, 2015, and distribution of heroin on Dec. 30, 2015. Bhakta and Kingsbeck were charged jointly with conspiracy and distribution of methamphetamine on Feb. 16, 2016. According to the indictment, the offenses took place in San Juan County. Kingsbeck was prohibited from possessing firearms and ammunition because of his prior felony convictions for criminal conspiracy theft and escape attempt from felony.
During today’s proceedings, Kingsbeck pled guilty to distributing heroin and being a felon in possession of a firearm and ammunition. In entering the guilty plea Kingsbeck admitted that on Dec. 29, 2015, he sold approximately 12.8 grams of heroin and a firearm and ammunition to an undercover law enforcement agent. Kingsbeck further admitted that he was prohibited from possessing firearms or ammunition on Dec. 29, 2015, because of his prior felony convictions.
At sentencing, Kingsbeck faces a statutory maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
On Dec. 8, 2016, Bhakta pled guilty to an information charging him with distribution of methamphetamine. In entering the guilty plea, Bhakta admitted that on Feb. 16, 2016, he distributed methamphetamine to an undercover law enforcement agent. Under the terms of his plea agreement, Bhakta will be sentenced within the range of 24 to 60 months in federal prison. Bhakta remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Fairfield, Illinois Man Sentenced on Child Pornography ChargesRead the Press Release
Zachary R. Wheeler, 23, of Fairfield, IL, was recently sentenced to federal prison on child pornography related charges, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today.
On December 15, 2016, Wheeler was sentenced to 180 months’ imprisonment and five years’ supervised release following his imprisonment. Wheeler had previously pleaded guilty to a federal indictment charging him with five counts of production of child pornography. All five counts charge Wheeler with the production of child pornography involving a minor girl under the age of 18. The dates on which Wheeler is charged with production of child pornography, all of which occurred in 2014, are May 31, June 12, June 13, June 16, and June 17.
The investigation in this case was conducted by the Franklin County Sheriff’s Office. The Franklin County State’s Attorney Office assisted in the investigation of this case.
El Paso Woman Pleads Guilty to Participating in Doña Ana County Cocaine Trafficking RingRead the Press Release
ALBUQUERQUE – Gabriela Castro, 24, a legal permanent resident from El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute cocaine in Doña Ana County, N.M.
Castro was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges. The 18-count indictment is the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 46, a Mexican national, that allegedly distributed cocaine in Doña Ana County.
The indictment alleged that Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, participated in a cocaine trafficking conspiracy that existed from at least March 31, 2016 until Sept. 20, 2016. The indictment also alleged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy. It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activity. The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ alleged criminal activities, to the United States.
During today’s proceedings, Castro pled guilty to Count 1 of the indictment charging her with conspiracy to distribute cocaine. In entering the guilty plea, Castro admitted that on Aug. 26, 2016, she attempted to smuggle approximately 250 grams of cocaine into the United States from Mexico in exchange for payment. At sentencing, Castro faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
The remaining co-defendants with the exception of Ibarra-Torres who has yet to be arrested and is considered a fugitive, have entered pleas of not guilty pending trial. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI. The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.
Edgewater Man Pleads Guilty to Bank Fraud Scheme Involving over $1.3 Million in LossesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mrugesh G. Patel (38, Edgewater) today pleaded guilty to bank fraud. He faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, beginning in February 2011 and continuing until December 2012, Patel participated in a scheme to defraud federally insured banks, including TD Bank and Centerstate Bank. Specifically, he opened numerous bank accounts under the names of various Florida-based companies that he had established. Patel then used these bank accounts to make bulk deposits of fraudulent bank drafts made payable to his companies. The bank drafts were made using the unauthorized account information of other individuals, businesses, and entities. Patel also made false representations to bank representatives when he opened the accounts and during the time period that he was making the deposits.
Patel’s fraud scheme caused over $1,352,956 in losses to those whose account information was used to create the fraudulent bank drafts. He used some of this money for personal expenditures and to pay third parties. During the investigation of Patel’s scheme, law enforcement seized over $400,000 in illegal proceeds from bank accounts that Patel controlled.
This case was investigated by the United States Secret Service and the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Andrew C. Searle and Nicole Andrejko.
Eastern District of Oklahoma, U.S. Attorney’s Office Collects $2,091,906 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2016Read the Press Release
MUSKOGEE, OKLAHOMA – U.S. Attorney Mark Green announced today that the Eastern District of Oklahoma collected $2,091,906 in criminal and civil actions in Fiscal Year 2016. Of this amount, $940,502 was collected in criminal actions and $1,151,404 was collected in civil actions.
Attorney General Loretta E. Lynch announced on December 14, 2016, that the Justice Department collected nearly $15.4 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2016. The $15,380,130,434 in collections in FY 2016 represents more than five times the appropriated $2.93 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.
“Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch. “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment. I want to thank the prosecutors and trial attorneys who made this year's collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”
“Collection of monies due the United States of America in both criminal and civil matters is a responsibility of this U.S. Attorney’s office as well as those across our nation. We here in the Eastern District of Oklahoma are committed to fulfilling that responsibility,” said U.S. Attorney Mark Green.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
District Man Sentenced to 50 Years in Prison for Sexually Abusing 11-Year-Old GirlRead the Press Release
WASHINGTON - Robert Kelsey, 29, of Washington, D.C., was sentenced today to 50 years in prison for sexually abusing an 11-year-old girl he met through Instagram when he was 26 years old, U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD), announced.
Kelsey was found guilty by a jury on Aug. 29, 2016, following a trial in the U.S. District Court for the District of Columbia, of transportation of a minor with intent to engage in criminal sexual activity, aggravated sexual abuse of a child, and first-degree child sexual abuse with aggravating circumstances. He was sentenced by the Honorable Reggie B. Walton. Following his prison term, Kelsey will be placed on supervised release for the rest of his life. Also, Kelsey, a convicted felon, will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, Kelsey met the girl during the summer of 2014 on Instagram, concealing his true identity, posing as a 19-year-old and using a fictitious name. He suggested that they begin communicating by text via Kik Messenger. He flirted with her and told her that he wanted to have sex with her. On July 25, 2014, Kelsey arranged to pick up the girl from her summer camp, which was held at an elementary school in Bowie, Md. He told the camp staff that he was the child’s cousin so that he could take her from camp early that day.
Kelsey drove the victim to his house in Washington, D.C., where he sexually abused her, and then returned her to the vicinity of the camp. By that time, the victim’s father, who was at the camp to pick up his daughter, learned that she had been taken from the camp by a man, and the father summoned police. The victim disclosed what happened and Prince George’s County, Md. Police began an investigation. The case was referred to the Metropolitan Police Department, and an investigation by MPD and the FBI’s Child Exploitation Task Force led to Kelsey’s arrest. DNA analysis of evidence obtained from a medical examination of the victim also linked Kelsey to the crime.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Interim Chief Newsham commended the work of those who investigated the case from the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD’s Youth Investigations Division. They also expressed appreciation for the assistance provided by the Prince George’s County, Md. Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Elizabeth Trosman, Chief of the Appellate Division; Assistant U.S. Attorney Sharon Donovan; Victim/Witness Advocate Lezlie Richardson; Paralegal Specialists Joyce Arthur, Troy Griffith, and Tiffany Jones; Litigation Technology Specialists Aneela Bhatia and Anisha Bhatia, and Intern Wendy Acquazzino. Finally, they commended the work of Assistant U.S. Attorneys Andrea L. Hertzfeld and Kenya Davis, who prosecuted the case.
Deputy Attorney General Sally Q. Yates Statement on the President's Recent CommutationsRead the Press Release
Deputy Attorney General Sally Q. Yates released the following statement after President Obama granted commutation of sentence to 153 individuals:
“Today, another 153 individuals were granted commutations by the President. Over the last eight years, President Obama has given a second chance to over 1,100 inmates who have paid their debt to society. Our work is ongoing and we look forward to additional announcements from the President before the end of his term.”
Cushing Man Charged with Seaman’s ManslaughterRead the Press Release
Contact: Halsey B. Frank
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Christopher A. Hutchinson, 28, of Cushing, Maine was arrested today and charged by indictment in U.S. District Court with Seaman’s Manslaughter.
According to court records, on November 1, 2014, the lobster boat, No Limits, sank off of the Maine coast resulting in the loss of two crew members. Hutchinson was the owner and captain of the boat. The indictment alleges that his negligent and unsafe operation of the boat in forecasted dangerous weather and sea conditions and after using controlled substances and alcohol caused the loss of life.
The defendant is scheduled to make an initial appearance today in U.S. District Court at 4:00 p.m. If convicted, he faces up to ten years in prison and a $250,000 fine.
An indictment is merely an accusation and a defendant is presumed innocent unless proven guilty in a court of law.
Couple Sentenced to Serve a Combined Total of over Fifty-Three Years in Federal Prison for Producing Child PornographyRead the Press Release
CHATTANOOGA, Tenn. – On Dec. 16, 2016, Wesley Thomas Ryan, 28, of Fayetteville, Tenn., and Rachael Gabrielle Boyett, 21, of Taft, Tenn., were sentenced by the Honorable Travis R. McDonough, U.S. District Court Judge, for production of child pornography. Ryan was ordered to serve 360 months and Boyett was ordered to serve 280 months. Upon their release from prison, both will be under the supervision of the U.S. Probation Office for at least 10 years as well as be required to register as sexual offenders.
An investigation by the Federal Bureau of Investigation revealed that both Ryan and Boyett had recorded themselves and two local children engaging in sexual activity. Assistant U.S. Attorney Terra L. Bay represented the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Construction Companies, Senior Corporate Officers to Pay $1M to Settle False Claims Act AllegationsRead the Press Release
PROVIDENCE – United States Attorney Peter F. Neronha announced today that Rhode Island-based Rosciti Construction Corporation and Wallace Construction Corporation, together with four of the companies’ current and former owners and officers, will pay $1 million dollars to resolve civil allegations that they violated the Federal False Claims Act by submitting, or causing the submission of, claims for reimbursement for funding earmarked for minority, women-owned, or small business that they were not entitled to receive.
The federally funded contracts for roadway, water system, and parking improvements in communities throughout the state and at Rhode Island College were financed by the Environmental Protection Agency, the United States Department of Education, and the United States Department of Transportation. The contracts contained specific requirements that subcontractors on these projects must include minority-owned, women-owned, or small businesses (commonly known as “disadvantaged business enterprises”). Rosciti Construction served as the prime contractor for the projects; Wallace Construction, a sub-contractor on all of the projects hired by Rosciti, was purported to be a disadvantaged business enterprise. In fact, the government alleges that Wallace was not at the time a legitimate disadvantaged business enterprise, and lacked the capacity to perform necessary work on the projects.
Each of the four senior officers and the owners of the two firms is individually contributing to the settlement.
“Disadvantaged business enterprise requirements exist to make sure that small companies owned by women and by minorities have a fair shot to compete for, and benefit from, the economic opportunities provided by federal grants and contract dollars,” said U.S. Attorney Peter F. Neronha. “That opportunity is lost when companies manipulate the process to secure federally funded work in place of those that are legitimately deserving. This Office will continue to use all means at our disposal to ensure that contractors who receive federal dollars play by the rules,” said Neronha.
In addition to paying a $1million dollar civil settlement, Rosciti and Wallace have entered into administrative agreements with the Environmental Protection Agency to resolve potential claims that could have resulted in suspension or debarment from participation in federal contracts and programs. Additionally, under the terms of these agreements, Rosciti and Wallace will appointment internal compliance officers and a neutral, third-party external monitor to ensure compliance with disadvantaged business enterprise requirements in the future; conduct training on these issues; and take additional steps to foster and maintain a culture of compliance. The costs of both the compliance officer and the monitor will be paid for by the companies.
This matter was handled by Assistant U.S. Attorneys Zachary A. Cunha and Richard W. Rose, and was investigated by the United States Environmental Protection Agency, the United States Department of Transportation, the United States Department of Education and the United States Attorney’s Office.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Chinese National Admits to Stealing Sensitive Military Program Documents from United TechnologiesRead the Press Release
Yu Long, 38, a citizen of China and lawful permanent resident of the U.S., waived his right to be indicted and pleaded guilty today in New Haven federal court to charges related to his theft of numerous sensitive military program documents from United Technologies and transporting them to China.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Deirdre M. Daly of the District of Connecticut, Special Agent in Charge Patricia M. Ferrick of the New Haven Division of the Federal Bureau of Investigation, Special Agent in Charge Matthew Etre of Homeland Security Investigations (HSI) in Boston, Special Agent in Charge Craig W. Rupert of the Defense Criminal Investigative Service (DCIS) Northeast Field Office, and Special Agent in Charge Danielle Angley of the U.S. Air Force Office of Special Investigations.
“Long admitted to stealing and exploiting highly sensitive military technology and documents, knowing his theft would benefit China’s defense industry and deliberately contravene the embargo on U.S. Munitions List technology the United States has imposed on China,” said Acting Assistant Attorney General McCord. “Export laws exist as an important part of our national security framework and disrupting and prosecuting this kind of economic espionage is one of the National Security Division’s highest priorities.”
“In an effort to further his own career, this defendant stole an extraordinary amount of proprietary military program information from United Technologies and transported much of that stolen information to China,” said U.S. Attorney Deirdre M. Daly. “His actions, which he knew would benefit China, not only violated his employment agreement and damaged the company, but have threatened our country's national security interests. U.S. companies continue to be targeted by those who seek to steal intellectual property, trade secrets and advanced defense technology – whether through a computer hack or cyber intrusion, or through a rogue employee. Working closely with our nation’s defense contractors, we will relentlessly investigate and prosecute those who steal, or attempt to steal, trade secrets and sensitive military information, whether for their own personal gain or for the benefit of foreign actors.”
“This case highlights the complexity in which the FBI and law enforcement are being challenged to keep the integrity of our industry intellectual property intact,” said Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation. “Investigating criminal activity of this nature will continue to be a priority.”
“These sophisticated technologies are highly sought after by our adversaries,” said Special Agent in Charge Matthew Etre of HSI Boston. “They were developed to give the United States and its allies a distinct military advantage, which is why HSI and our law enforcement partners will continue to aggressively target the individuals who steal the ideas of others and sell these items.”
“Today’s plea demonstrates the commitment of the Defense Criminal Investigative Service (DCIS) and our federal law enforcement partners to identifying those who illegally export sensitive defense information to adversarial Foreign governments,” said Craig W. Rupert, Special Agent in Charge, DCIS, Northeast Field Office. “DCIS will continue to safeguard sensitive technology and to shield America's investment in national defense by disrupting efforts of groups and individuals who try to illegally acquire our national security assets.”
“This case was enabled by the outstanding teamwork of the FBI, DCIS, HSI, AFOSI and the U.S. Attorney's office,” said Danielle Angley, Special Agent-in-Charge with the Air Force Office of Special Investigations. “In addition, it demonstrates the focus of law enforcement agencies to protect our nation's critical resources.”
According to court documents and statements made in court, from approximately May 2008 to May 2014, Long worked as a Senior Engineer/Scientist at United Technologies Research Center (UTRC) in Connecticut. Long’s employment at UTRC included work on F119 and F135 engines. The F119 engine is employed by the U.S. Air Force F-22 Raptor fighter aircraft, and the F135 engine is employed by the U.S. Air Force F-35 Lightning II fighter aircraft.
Beginning in 2013, Long expressed his intent to individuals outside UTRC to return to China to work on research projects at certain state-run universities in China using knowledge and materials he had acquired while employed at the UTRC. To that end, Long interacted with several state-run institutions in China, including the Chinese Academy of Science (CAS) and the Shenyang Institute of Automation (SIA), a state-run university in China affiliated with CAS.
During 2013 and 2014, Long was recruited by SIA and other state-run universities, during which he leveraged information that he had obtained while working at UTRC to seek employment in China, culminating in his travel to China in the possession of voluminous documents and data containing highly sensitive intellectual property, trade secrets and export controlled technology, which he had unlawfully stolen from UTRC.
In December 2013, after Long agreed in principle to join SIA, an SIA-CAS Director and an SIA-CAS Recruiter asked Long to provide documents from his work at UTRC and examples of projects on which he had worked to substantiate the claims Long made in his application, and interview with SIA. Long agreed.
On Dec. 24, 2013, Long emailed several documents to the SIA-CAS Director, including a document that contained the cover page of an export controlled UTRC presentation on Distortion Modeling dated Sept. 30, 2011.
While negotiating with SIA, Long also continued to explore other opportunities at other state-run institutions in China. In one email, Long stated: “I have made my mind to return to China, so have prepared a research plan based on my industry experience and current projects.” In the research plan, Long stated: “In the past five years, I have been working with Pratt Whitney, also other UTC business units, like UTAS (including Hamilton Sundstrand and Goodrich), Sikorsky, CCS (including Carrier and Fire & Security), and Otis. These unique working experiences have provided me a great starting point to perform R&D and further spin off business in China. I believe my efforts will help China to mature its own aircraft engines.”
On May 30, 2014, Long left UTRC. In June 2014, Long traveled to China and began working for SIA. Beginning in July 2014, digital evidence and forensic analysis indicated that Long brought with him and accessed in China a UTRC external hard drive that had been issued to him and that he unlawfully retained.
In July 2014, Long was listed as the project leader on a lengthy research plan for CAS involving fourteen other individuals. The plan was replete with references to how the proposed research and development would benefit China. The plan stated: “The three major engine companies in the world, i.e. GE, Pratt & Whitney in the US and Rolls-Royce in the UK, are all using this technology. . . Our nation lacks the ability to process high performance components, such as airplane wings, tail hooks on carrier aircrafts, and blisks . . . Because of the technology embargo imposed by western developed countries, it is very difficult for us to obtain more advanced design and manufacturing technology . . . This research project will increase our independent ability, efficiency and quality in key component manufacturing.”
On or about Aug. 12, 2014, the Document on Distortion Modeling – the same document from which Long had sent the cover page to the SIA-CAS Director on Dec. 24, 2013 – was accessed on the external hard drive. Travel records and forensic analysis confirmed that both Long and the external hard drive were in China when this file was accessed.
On Aug. 19, 2014, Long returned to the U.S. from China through John F. Kennedy International Airport in New York. During a secondary inspection screening by U.S. Customs and Border Protection (CBP) officers, Long was found in the possession of a largely completed application for work with a state-controlled aviation and aerospace research center in China. The application highlighted certain parts of Long’s work related to the F119 and F135 engines while at UTRC.
On or about Aug. 20, 2014, Long emailed an individual at a university in China, attaching an updated “achievement and future plan.” In the plan, Long discussed his work related to the F119 and F135 U.S. military fighter jet engines and stated that he also had knowledge of unpublished UTRC projects in which the U.S. Air Force had shown interest.
On Nov. 5, 2014, Long boarded a flight from Ithaca, New York to Newark Liberty International Airport in Newark, New Jersey, with a final destination of China. During Long’s layover in Newark, CBP officers inspected Long’s checked baggage and discovered that it contained sensitive, proprietary and export controlled documents from another defense contractor, Rolls Royce.
Further investigation determined that the U.S. Air Force had convened a consortium of major defense contractors, including Pratt and Rolls Royce, to work together to see whether they could collectively lower the costs of certain metals used. As part of those efforts, members of the consortium shared technical data, subject to restrictions on further dissemination. Rolls Royce reviewed the documents found in Long’s possession at Newark Liberty Airport and confirmed that it provided the documents to members of the consortium, which included Pratt. Rolls Royce further confirmed that Long was never an employee of Rolls Royce. A review of UTRC computer records indicated that Long had printed the documents while employed at UTRC.
Long was arrested on a federal criminal complaint on Nov. 7, 2014. A review of Long’s digital media seized at the time of his arrest revealed voluminous files protected by the International Traffic in Arms Regulations and Export Administration Regulations, and voluminous files proprietary to various U.S. companies. In short, the investigation revealed that Long took his laptop and the UTRC external hard drive with him to China in 2014, at which time there was a substantial body of highly sensitive, proprietary and export controlled materials present on that digital media. UTRC has confirmed that the hard drive that Long unlawfully retained and accessed in China contained not only documents and data from projects on which Long worked while employed at the company, but also from projects on which he did not work to which he would have had access.
Long pleaded guilty to one count of conspiracy to engage in the theft of trade secrets knowing that the offense would benefit a foreign government, foreign instrumentality or foreign agent, an offense that carries a maximum term of imprisonment of 15 years. He also pleaded guilty to one count of unlawful export and attempted export of defense articles from the U.S. in violation of the Arms Export Control Act, an offense that carries a maximum term of imprisonment of 20 years.
Long, who has been detained since his arrest, will be sentenced by U.S. District Judge Robert N. Chatigny in Hartford. A sentencing date has not been scheduled.
This investigation is being led by the FBI in New Haven in coordination with Homeland Security Investigations in New Haven and Newark; the Defense Criminal Investigative Service in New Haven; the U.S. Air Force’s Office of Special Investigations in Boston, Massachusetts; and, the Department of Commerce’s Boston Office of Export Enforcement. U.S. Attorney Daly and Acting Assistant Attorney General McCord also thanked the FBI in Newark, Ithaca and Syracuse, New York, the U.S. Customs and Border Protection Service in New York and Newark, and the U.S. Attorney’s Offices for the Northern District of New York and the District of New Jersey, for their efforts and assistance in this matter.
This case is being prosecuted by Assistant U.S. Attorneys Tracy Lee Dayton and Stephen B. Reynolds of the District of Connecticut, and Trial Attorneys Brian Fleming and Julie Edelstein of the National Security Division’s Counterintelligence and Export Control Section.
Chinese National Admits to Stealing Sensitive Military Program Documents from United TechnologiesRead the Press Release
Yu Long, 38, a citizen of China and lawful permanent resident of the U.S., waived his right to be indicted and pleaded guilty today in New Haven federal court in Connecticut, to charges related to his theft of numerous sensitive military program documents from United Technologies and transporting them to China.
Long pleaded guilty to one count of conspiracy to engage in the theft of trade secrets knowing that the offense would benefit a foreign government, foreign instrumentality or foreign agent, an offense that carries a maximum term of imprisonment of 15 years. He also pleaded guilty to one count of unlawful export and attempted export of defense articles from the U.S. in violation of the Arms Export Control Act, an offense that carries a maximum term of imprisonment of 20 years. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Deirdre M. Daly for the District of Connecticut, Special Agent in Charge Matthew Etre of Homeland Security Investigations (HSI) in Boston, Massachusetts, Special Agent in Charge Craig W. Rupert of the Defense Criminal Investigative Service (DCIS) Northeast Field Office, Special Agent in Charge Patricia M. Ferrick of the FBI’s New Haven Division and Special Agent in Charge Danielle Angley with the Air Force Office of Special Investigations (AFOSI).
“Long admitted to stealing and exploiting highly sensitive military technology and documents, knowing his theft would benefit China’s defense industry and deliberately contravene the embargo on U.S. Munitions List technology the United States has imposed on China,” said Acting Assistant Attorney General McCord. “Export laws exist as an important part of our national security framework and disrupting and prosecuting this kind of economic espionage is one of the National Security Division’s highest priorities.”
“In an effort to further his own career, this defendant stole an extraordinary amount of proprietary military program information from United Technologies and transported much of that stolen information to China,” said U.S. Attorney Daly. “His actions, which he knew would benefit China, not only violated his employment agreement and damaged the company, but have threatened our country's national security interests. U.S. companies continue to be targeted by those who seek to steal intellectual property, trade secrets and advanced defense technology – whether through a computer hack or cyber intrusion, or through a rogue employee. Working closely with our nation’s defense contractors, we will relentlessly investigate and prosecute those who steal, or attempt to steal, trade secrets and sensitive military information, whether for their own personal gain or for the benefit of foreign actors.”
“These sophisticated technologies are highly sought after by our adversaries,” said Special Agent in Charge Etre. “They were developed to give the United States and its allies a distinct military advantage, which is why HSI and our law enforcement partners will continue to aggressively target the individuals who steal the ideas of others and sell these items.”
"Today's plea demonstrates the commitment of the Defense Criminal Investigative Service and our federal law enforcement partners to identifying those who illegally export sensitive defense information to adversarial Foreign governments," said Special Agent in Charge Rupert. "DCIS will continue to safeguard sensitive technology and to shield America's investment in national defense by disrupting efforts of groups and individuals who try to illegally acquire our national security assets."
“This case highlights the complexity in which the FBI and law enforcement are being challenged to keep the integrity of our industry intellectual property intact,” said Special Agent in Charge Ferrick. “Investigating criminal activity of this nature will continue to be a priority.”
“This case was enabled by the outstanding teamwork of the FBI, DCIS, HSI, AFOSI and the U.S. Attorney's office,” said, Special Agent in Charge Angley. “In addition, it demonstrates the focus of law enforcement agencies to protect our nation's critical resources.”
According to court documents and statements made in court, from approximately May 2008 to May 2014, Long worked as a Senior Engineer/Scientist at United Technologies Research Center (UTRC) in Connecticut. Long’s employment at UTRC included work on F119 and F135 engines. The F119 engine is employed by the U.S. Air Force F-22 Raptor fighter aircraft, and the F135 engine is employed by the U.S. Air Force F-35 Lightning II fighter aircraft.
Beginning in 2013, Long expressed his intent to individuals outside UTRC to return to China to work on research projects at certain state-run universities in China using knowledge and materials he had acquired while employed at the UTRC. To that end, Long interacted with several state-run institutions in China, including the Chinese Academy of Science (CAS) and the Shenyang Institute of Automation (SIA), a state-run university in China affiliated with CAS.
During 2013 and 2014, Long was recruited by SIA and other state-run universities, during which he leveraged information that he had obtained while working at UTRC to seek employment in China, culminating in his travel to China in the possession of voluminous documents and data containing highly sensitive intellectual property, trade secrets and export controlled technology, which he had unlawfully stolen from UTRC.
In December 2013, after Long agreed in principle to join SIA, an SIA-CAS Director and an SIA-CAS Recruiter asked Long to provide documents from his work at UTRC and examples of projects on which he had worked to substantiate the claims Long made in his application, and interview with SIA. Long agreed.
On Dec. 24, 2013, Long emailed several documents to the SIA-CAS Director, including a document that contained the cover page of an export controlled UTRC presentation on Distortion Modeling dated Sept. 30, 2011.
While negotiating with SIA, Long also continued to explore other opportunities at other state-run institutions in China. In one email, Long stated: “I have made my mind to return to China, so have prepared a research plan based on my industry experience and current projects.” In the research plan, Long stated: “In the past five years, I have been working with Pratt Whitney, also other UTC business units, like UTAS (including Hamilton Sundstrand and Goodrich), Sikorsky, CCS (including Carrier and Fire & Security), and Otis. These unique working experiences have provided me a great starting point to perform R&D and further spin off business in China. I believe my efforts will help China to mature its own aircraft engines.”
On May 30, 2014, Long left UTRC. In June 2014, Long traveled to China and began working for SIA. Beginning in July 2014, digital evidence and forensic analysis indicated that Long brought with him and accessed in China a UTRC external hard drive that had been issued to him and that he unlawfully retained.
In July 2014, Long was listed as the project leader on a lengthy research plan for CAS involving fourteen other individuals. The plan was replete with references to how the proposed research and development would benefit China. The plan stated: “The three major engine companies in the world, i.e. GE, Pratt & Whitney in the US and Rolls-Royce in the UK, are all using this technology. . . Our nation lacks the ability to process high performance components, such as airplane wings, tail hooks on carrier aircrafts, and blisks . . . Because of the technology embargo imposed by western developed countries, it is very difficult for us to obtain more advanced design and manufacturing technology . . . This research project will increase our independent ability, efficient and quality in key component manufacturing.”
On or about Aug. 12, 2014, the document on Distortion Modeling – the same document from which Long had sent the cover page to the SIA-CAS Director on Dec. 24, 2013 – was accessed on the external hard drive. Travel records and forensic analysis confirmed that both Long and the external hard drive were in China when this file was accessed.
On Aug. 19, 2014, Long returned to the U.S. from China through John F. Kennedy International Airport in New York. During a secondary inspection screening by U.S. Customs and Border Protection (CBP) officers, Long was found in the possession of a largely completed application for work with a state-controlled aviation and aerospace research center in China. The application highlighted certain parts of Long’s work related to the F119 and F135 engines while at UTRC.
On or about Aug. 20, 2014, Long emailed an individual at a university in China, attaching an updated “achievement and future plan.” In the plan, Long discussed his work related to the F119 and F135 U.S. military fighter jet engines and stated that he also had knowledge of unpublished UTRC projects in which the U.S. Air Force had shown interest.
On Nov. 5, 2014, Long boarded a flight from Ithaca, New York to Newark Liberty International Airport in Newark, New Jersey, with a final destination of China. During Long’s layover in Newark, CBP officers inspected Long’s checked baggage and discovered that it contained sensitive, proprietary and export controlled documents from another defense contractor, Rolls Royce.
Further investigation determined that the U.S. Air Force had convened a consortium of major defense contractors, including Pratt and Rolls Royce, to work together to see whether they could collectively lower the costs of certain metals used. As part of those efforts, members of the consortium shared technical data, subject to restrictions on further dissemination. Rolls Royce reviewed the documents found in Long’s possession at Newark Liberty Airport and confirmed that it provided the documents to members of the consortium, which included Pratt. Rolls Royce further confirmed that Long was never an employee of Rolls Royce. A review of UTRC computer records indicated that Long had printed the documents while employed at UTRC.
Long was arrested on a federal criminal complaint on Nov. 7, 2014. A review of Long’s digital media seized at the time of his arrest revealed voluminous files protected by the International Traffic in Arms Regulations and Export Administration Regulations, and voluminous files proprietary to various U.S. companies. In short, the investigation revealed that Long took his laptop and the UTRC external hard drive with him to China in 2014, at which time there was a substantial body of highly sensitive, proprietary and export controlled materials present on that digital media. UTRC has confirmed that the hard drive that Long unlawfully retained and accessed in China contained not only documents and data from projects on which Long worked while employed at the company but also from projects on which he did not work to which he would have had access.
A sentencing date has not been set. Long has been detained since his arrest.
This investigation is being led by the FBI in New Haven in coordination with Homeland Security Investigations in New Haven and Newark; the Defense Criminal Investigative Service in New Haven; the U.S. Air Force’s Office of Special Investigations in Boston, Massachusetts; and, the Department of Commerce’s Boston Office of Export Enforcement. U.S. Attorney Daly and Acting Assistant Attorney General McCord also thanked the FBI in Newark, Ithaca and Syracuse, New York, the U.S. Customs and Border Protection Service in New York and Newark, and the U.S. Attorney’s Offices for the Northern District of New York and the District of New Jersey, for their efforts and assistance in this matter.
This case is being prosecuted by Assistant U.S. Attorneys Tracy Lee Dayton and Stephen B. Reynolds of the District of Connecticut, and Trial Attorneys Brian Fleming and Julie Edelstein of the National Security Division’s Counterintelligence and Export Control Section.Charleston man sentenced to federal prison for role in drug conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Charleston man who participated in a multistate drug ring was sentenced today to a year and a half in federal prison, announced United States Attorney Carol Casto. Matthew Michael Meadows, 31, previously pleaded guilty to conspiracy to distribute heroin.
From the summer of 2014 to March 2016, Meadows conspired with codefendant Corey Bruce Toney and other individuals to distribute heroin in the Huntington and Charleston areas. Meadows frequently met with Toney at various locations in Huntington and received quantities of heroin ranging from five grams to an ounce. Meadows would subsequently distribute the heroin in the Charleston area and then return the proceeds back to Toney.
Toney pleaded guilty in September 2016 to distributing heroin. Toney admitted that he conspired with others to distribute large quantities of drugs that were transported from California and Michigan to Huntington, including heroin, crack, marijuana, and Xanax.
This prosecution arose out of a long-term investigation led by the Drug Enforcement Administration, with assistance from the West Virginia State Police, the Putnam County Sheriff’s Department, the Huntington Police Department, the Huntington FBI Drug Task Force, the Ohio Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service.
Nine additional defendants have been convicted for their roles in this drug ring. In addition to Toney, Atari Seantay Brown, Parker Wyatt Mays, Sean Lee Braggs, Samuel E. Nelson, III, Tanisha Lynette Wooding, Deandra Sheen Jones, and Roy Bills have all pleaded guilty to federal drug charges and are awaiting sentencing. Arthur James Canada was previously sentenced to 46 months in federal prison for his role in the conspiracy.
Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentences and is presiding over these cases.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Charleston felon pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to a federal gun crime, announced United States Attorney Carol Casto. William Cody McClung, 31, entered his guilty plea to illegally possessing a firearm after being convicted of a felony.
McClung admitted that on December 6, 2015, he shot at another man as he drove past him on Falcon Drive in Charleston. Officers subsequently executed a search warrant at McClung’s residence and located the 9mm handgun McClung had used to shoot at the victim, as well as three additional firearms. McClung was prohibited from possessing any firearm under federal law because of a 2007 felony conviction in Kanawha County Circuit Court for operating a clandestine drug laboratory.
McClung faces up to 10 years in federal prison when he is sentenced on March 16, 2017.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Canadian Man Sentenced for Drug Trafficking and Money LaunderingRead the Press Release
BOSTON – A Canadian man was sentenced today in U.S. District Court in Boston in connection with his role in a drug trafficking and money laundering organization that imported Canadian marijuana and MDMA, the club drug also known as “ecstasy” or “mollie,” into the United States.
David Nguyen, 40, of Toronto, Canada, was sentenced by U.S. District Court Judge Denise J. Casper to 10 years in prison and ordered to pay a fine of $10,000. In October 2016, he pleaded guilty to one count of conspiracy to distribute MDMA and marijuana and one count of money laundering conspiracy. Nguyen was indicted in January 2014 and arrested in Canada in May 2014. In July 2016, Nguyen was ordered extradited, and in October 2016, he was temporarily surrendered from Canada to the United States.
From February 2010 to about March 2012, Nguyen conspired with others to move MDMA and marijuana over the Canadian-U.S. border. Nguyen and a Canadian co-conspirator, Gurshuran Singh, recruited couriers to drive MDMA and marijuana to Joshua Rabinovitch in Salem, Mass. Rabinovitch then sold the drugs in the U.S. and returned the proceeds to Canada.
In March 2012, Singh and Nguyen recruited Shivinder Kanwal to drive 15 kilos of MDMA to Rabinovitch and, in April 2012, they separately recruited co-defendant Adeel Bhutta to pick up $240,000 in drug proceeds from Rabinovitch.
In July 2014, Bhutta was sentenced to 28 months in prison for his role in the money laundering conspiracy and in February 2015, Rabinovitch was sentenced to 24 months in prison for his role in the drug trafficking and money laundering conspiracies. In August 2016, Singh pleaded guilty to participating in the drug and money laundering conspiracies and will be sentenced on April 5, 2017. Kanwal pleaded guilty to participating in the drug conspiracy and will be sentenced on March 22, 2017.
United States Attorney Carmen M. Ortiz and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The Department of Justice’s Office of International Affairs provided assistance in securing Nguyen’s extradition to the United States. Assistant U.S. Attorneys Seth B. Kosto of Ortiz’s Cybercrime Unit and Timothy E. Moran of Ortiz’s Organized Crime and Gang Unit prosecuted the case.
California Man Sentenced for Access Device FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a North Hills, California, man convicted of Access Device Fraud was sentenced on December 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nelson Sargsyan, age 49, was sentenced and ordered to pay $8,809.90 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Sargsyan pleaded guilty to the charge on July 8, 2016. The conviction stems from Sargsyan, as an over-the-road truck driver based out of California, using a “skimmed” credit card number that belonged to the U.S. Forest Service to obtain fuel for his semi-truck. Sargsyan obtained approximately $8,808.90 in fuel and services that financed his trucking business across the United States between January and April 2014.
This case was investigated by the U.S. Forest Service. U.S. Attorney Megan Poppen prosecuted the case.
Broken Arrow Man Pleads Guilty to Possession of Sexual Material Involving MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CODY LANE PAX, age 20, of Broken Arrow, Oklahoma, pled guilty to POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by no more than 10 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that between in or about November 2015 and on or about March 9, 2016, in the Eastern District of Oklahoma, the defendant, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The charge arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.
Assistant United States Attorney Edward Snow represented the United States.
Birmingham Man Sentenced to 3 ½ Years for Preparing False Tax Returns and Witness TamperingRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Birmingham man to 3½ years in prison for assisting in the preparation of false income tax returns and tampering with a witness the IRS contacted to question about returns he had prepared, announced U.S. Attorney Joyce White Vance and Internal Revenue Service Criminal Investigation Special Agent in Charge Veronica Hyman-Pillot.
U.S. District Judge Abdul K. Kallon sentenced DONALD E. STEELE, 42, on five counts of assisting in the preparation of a false federal income tax return in 2010 or 2011, and on one count of witness tampering in 2011. At the time, Steele operated Max Tax, a Birmingham tax-return preparation business owned by his wife. A federal jury convicted Steele in August following a three-day trial.
Steele is to report to prison February 21. Judge Kallon imposed three years of supervised release following completion of Steele’s prison term and ordered him to pay restitution of $63,217 to the IRS once he is released from prison.
According to evidence at trial, Steele made false claims and fabricated tax deductions on federal tax returns for three different taxpayers.
Multiple taxpayer witnesses testified that they were not given a copy of their tax return when they were prepared. When investigators later presented them their returns, they saw fraudulent claims that included false filing status, false dependents, false itemized expenses including medical and dental deductions and charitable contributions, false business expenses and deductions, and false disability claims and education expenses and credits.
The jury found Steele guilty of tampering with a witness for whom he had prepared a fraudulent 2010 return. The woman testified that she tried unsuccessfully many times to get a copy of her return from Steele, but once the investigation began, he showed up at her workplace and handed her a $200 check, which she considered a bribe not to talk to the IRS.
IRS-CI investigated the case, which Assistant U.S. Attorneys J. Patton Meadows and Manu Balanchandran prosecuted.
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Arizona U.S. Attorney’s Office Collects over $9 Million in Civil and Criminal Actions on Behalf of U.S. Taxpayers in Fiscal Year 2016Read the Press Release
PHOENIX - U.S. Attorney John S. Leonardo announced today that the U.S. Attorney’s Office for the District of Arizona collected $9,008,747 in criminal and civil actions in Fiscal Year 2016. Of this amount, $7,225,134 was collected in criminal actions and $1,783,613 was collected in civil actions.
Additionally, the District of Arizona worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $5,020,530 in cases pursued jointly with those offices. Of this amount, $12,013 was collected in criminal actions and $5,008,516 was collected in civil actions.
Last week, Attorney General Loretta E. Lynch announced that the Justice Department collected nearly $15.4 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2016. The $15,380,130,434 in collections in FY 2016 represents more than five times the appropriated $2.93 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.
“Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch. “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment. I want to thank the prosecutors and trial attorneys who made this year's collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office for the District of Arizona, working with partner agencies and divisions, collected $9,132,320 in asset forfeiture actions in FY 2016. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
RELEASE NUMBER: 2016-102_FY2016Collections
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Allentown Man Guilty of Participating in A Heroin and Methamphetamine Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Estes, age 41, of Allentown, Pennsylvania, pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to conspiring with others to distribute more than 100 grams of heroin and more than 50 grams of methamphetamine in Carbon County, Pennsylvania, and elsewhere.
According to United States Attorney Bruce D. Brandler, Estes admitted to being a manager and supervisor of a conspiracy that distributed between one and three kilograms of heroin (which is equivalent to 33,000 to 99,000 retail bags of heroin), and between 350 and 500 grams of methamphetamine, in the Carbon County area during early 2016 through June 2016.
Estes faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison, and a $5 million fine. Judge Mannion ordered a pre-sentence report to be completed. Sentencing will be scheduled at a later date.
The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, and the Allentown Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 40 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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Alexandria woman sentenced to 12 months in prison for stealing over $22,000 from college studentsRead the Press Release
ALEXANDRIA – United States Attorney Stephanie A. Finley announced that an Alexandria woman was sentenced last week to 12 months and one day in prison for charging fees to college students and pocketing the money.
Makquel D. Gailes, 43, of Alexandria, La., was sentenced Friday by U.S. District Judge Dee D. Drell on one count of mail fraud. She was also sentenced to three years of supervised release and ordered to pay $22,707 restitution. According to the August 5, 2016 guilty plea, Gailes worked as a financial aid officer at Unitech Training Academy in Alexandria from January 2009 to December 2011. Gailes conducted a scheme to steal thousands from the students of Unitech. When a student’s federal financial aid exceeded school cost and expenses, Gailes requested refund checks from Unitech for the students. Gailes received the refund checks in the mail, and Gailes notified the students to get their checks. After giving the students their checks, Gailes told the students they owed additional money in fees, which included graduation fees, promissory note fees or out-of-pocket expenses. Gailes told the students to pay these fees in cash to her, which many did. Gailes did not apply the student cash payments to outstanding balances, if they had one, but pocketed and used the money for her own personal expenses leaving the students with more debt and less money.
The U.S. Department of Education-Office of Inspector General conducted the investigation. Assistant U.S. Attorney Mike O’Mara prosecuted the case.
Albuquerque Resident Sentenced to Prison for Violating Federal Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Ray Martinez, 44, of Albuquerque, N.M., was sentenced Dec. 15, 2016, in federal court to 77 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Martinez and his co-defendants Simon A. Shields, 36 and David Corral-Valenzuela, 44, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Martinez and Shields were arrested in July 2016, on an indictment charging them with conspiracy and methamphetamine trafficking charges. The indictment was subsequently superseded on July 28, 2016, to include Corral-Valenzuela. The superseding indictment charged Martinez and Shields with conspiracy to distribute methamphetamine and distribution of methamphetamine on June 13, 2016, Shields and Corral-Valenzuela with conspiracy and distribution of methamphetamine on June 21, 2016, and Corral-Valenzuela with being an alien in possession of a firearm and illegal reentry into the United States on July 6, 2016. The superseding indictment included forfeiture provisions requiring the co-defendants to forfeit $6,550 to the United States.
On Sept. 2, 2016, Martinez pled guilty to one count of distribution of methamphetamine, and admitted that on June 13, 2016, he distributed more than 50 grams of methamphetamine.
Martinez is the first defendant to be sentenced of the 104 defendants charged as a result of the ATF investigation. To date, 19 of the 104 defendants have entered guilty pleas. The remaining defendants, including Martinez’s co-defendants Shields and Corral-Valenzuela, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque offices of ATF and DEA. Assistant U.S. Attorneys Kimberly A. Brawley and Paul Mysliwiec are prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Edward Kriglstein, 50, of Albuquerque, N.M., pled guilty Dec. 16, 2016, in federal court to a federal methamphetamine trafficking charge. Under the terms of his plea agreement, Kriglstein will be sentenced to 120 months in prison followed by a term of supervised release to be determined by the court.
Kriglstein was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 8, 2016, in Bernalillo County, N.M. According to the complaint, law enforcement officers executed an arrest warrant on Kriglstein and subsequently seized approximately 153.5 gross grams of methamphetamine, marijuana, cash and drug paraphernalia pursuant to Kriglstein’s arrest. Kriglstein was indicted on the same charge on Feb. 24, 2016.
On Dec. 16, 2016, Kriglstein pled guilty to the indictment and admitted that on Feb. 8, 2016, law enforcement seized approximately 107.4 grams of pure methamphetamine from him during the execution of an outstanding arrest warrant on Kriglstein for a prior criminal conviction. Kriglstein remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Sunday 18 December 2016
Pine Ridge Woman Indicted for MisprisionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Misprision of a Felony.
Tiffanee Garnier, a/k/a Tiffanee Alford, a/k/a Love, age 30, was indicted on November 16, 2016. She appeared before U.S. Magistrate Judge Daneta Wollman on December 9, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Garnier is charged with having knowledge of the murder of Vincent Brewer III, on October 16, 2016, which she concealed by assisting Brewer’s assailants in fleeing the scene, and not notifying the authorities.
The charge is merely an accusation and Garnier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, South Dakota Division of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assisting from the District of Colorado were the Rocky Mountain Safe Streets Task Force, Aurora Police Department, and the Lakewood Police Department. Assistant U.S. Attorneys’ Kathryn N. Rich and Sarah B. Collins are prosecuting the case.
Garnier is in the custody of the U.S. Marshals. A trial date has been set for February 14, 2017.
Pine Ridge Woman Indicted for MisprisionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman, has been indicted by a federal grand jury for Misprision of a Felony.
Tyler Schae Brewer a/k/a Ty Schae Brewer, age 26, was indicted on October 4, 2016. She has appeared before U.S. Magistrate Judge Daneta Wollman and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 3 years in custody and/or a $250,000 fine, 1 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On September 29, 2016, Brewer had knowledge of the murder of Annie Colhoff, which she concealed by assisting Colhoff’s assailant in fleeing the scene, and did not notify the authorities.
The charge is merely an accusation and Brewer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, South Dakota Division of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennington County Sheriff’s office, and the Rapid City Police Department. Assisting from the District of Colorado were the Rocky Mountain Safe Streets Task Force, Aurora Police Department, and the Lakewood Police Department. Assistant U.S. Attorneys’ Kathryn N. Rich and Sarah B. Collins are prosecuting the case.
Brewer was released on bond pending trial. A trial date has been set for January 3, 2017.
Pine Ridge Woman Indicted for False StatementRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman, has been indicted by a federal grand jury for Misprision of a Felony.
Stevie Ray Makes Good, age 24, was indicted on November 16, 2016. She appeared before U.S. Magistrate Judge Daneta Wollman on December 9, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On October 19, 2016, Makes Good knowingly made false statements when she informed law enforcement she was not present at the scene of the September 29, 2016, shooting of Annie Colhoff in Pine Ridge.
The charge is merely an accusation and Makes Good is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, South Dakota Division of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennington County Sheriff’s office, and the Rapid City Police Department. Assistant U.S. Attorneys’ Kathryn N. Rich and Sarah B. Collins are prosecuting the case.
Makes Good was released on bond pending trial. A trial date has been set for February 14, 2017.
Pine Ridge Man Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced on December 12, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joseph Clifford, age 72, was sentenced to 1 year of unsupervised probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Clifford abusing a child, who had not attained the age of seven years, between December 2011 and February 2014 at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Newark Woman Charged with $6.1M Wire Fraud Scheme, Identity Theft, Money Laundering and Tax OffensesRead the Press Release
WILMINGTON, Del. - Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that an Indictment has been handed down by a federal grand jury charging Roberta Czap, 66, of Newark, Delaware, with wire fraud, identity theft, money laundering and tax offenses. The defendant faces up to 20 years in prison on the wire fraud and money laundering charges, up to 10 years for engaging in a separate money laundering transaction, and up to three years on the tax offenses. In addition to incarceration on the other charges, Czap faces an extra mandatory two years term of imprisonment if convicted of the identity theft charge.
The Indictment alleges that between 2011 and 2016, the defendant, who was employed in the accounting department of a financial services company in Newark, directed more than $6.1 million dollars in electronic funds transfers from the company’s operating account to her personal bank accounts. Using the personal identification information of another employee, Czap created false payment requests, designed to appear legitimate, to the company’s vendors. Czap then authorized nearly five hundred payments with company funds, using her own credentials. While Czap filed federal tax returns for 2013, 2014, and 2015, those returns did not, as was required by law, include her illegal income from the company’s funds, and materially understated her income.
The Indictment further alleges that, between January 2013 and July 2016, once the company’s funds were fraudulently deposited into defendant’s bank accounts, defendant and her husband withdrew approximately $2.7 million in cash at various casinos in Delaware and elsewhere. Czap gambled regularly and consistently, but would at times cash out her casino play and receive United States Currency. Currency totaling approximately $1.2 million was subsequently deposited into two different bank accounts held in the name of Czap’s husband.
U.S. Attorney Oberly gave the following comment, “I want to thank both the IRS and the Federal Bureau of Investigation. Defendant’s attempts to conceal the source of her illegal income made detection of the fraud more challenging, but the diligent and thorough investigative work of law enforcement uncovered the significant fraud perpetrated not only against the victim company, but the American people.”
This case is the result of an investigation conducted by the Internal Revenue Service, Criminal Investigation and the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Lesley Wolf.
The charges in the Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mission Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Tyrell Thin Elk, age 34, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on December 12, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of supervised release of at least 5 years, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 23, 2016, and August 28, 2016, Thin Elk, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction, failed to register and update his registration as required by law.
The charge is merely an accusation and Thin Elk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Thin Elk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Child Abuse was sentenced on December 12, 2016, by U.S. District Judge Charles B. Kornmann.
Fritz Eagleshield, III, age 40, was sentenced to 3 years of probation and a $100 special assessment to the Federal Crime Victims Fund.
Eagleshield was indicted by a federal grand jury on February 17, 2016. He pled guilty on August 22, 2016.
The conviction stemmed from an incident on December 27, 2015, when a Lieutenant with the Bureau of Indian Affairs was driving through McLaughlin as part of his patrol shift, and noticed a vehicle in an alleyway that was running and appeared suspicious. Upon approaching the vehicle, he noticed the driver’s seat was empty, but saw a small boy huddled in the back seat of the vehicle wearing only a t-shirt and boxer shorts. The boy was breathing and conscious, but shivering, as the outside temperature was -3°F.
Child Protection Services (CPS) was notified, and an investigator arrived and identified the young boy. The CPS worker also informed the Lieutenant that the victim is autistic and a special needs case. The CPS worker took the victim from the vehicle to find family placement for him.
The Lieutenant went to Eagleshield’s residence, where he was placed under tribal arrest. He admitted to law enforcement that the boy found in the car was his son, and that he must have forgotten him in the vehicle when he went for cigarettes earlier in the evening. Eagleshield further admitted that he was responsible for his son and that his actions amounted to child abuse.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Manderson Man Indicted for Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Ryder White Hawk Sierra, age 27, was indicted on November 16, 2016. White Hawk Sierra appeared before U.S. Magistrate Judge Daneta Wollmann on December 9, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to White Hawk Sierra sexually abusing a minor between August and September 2016 at Wounded Knee.
The charge is merely an accusation and White Hawk Sierra is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
White Hawk Sierra was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 14, 2017.