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8 February 2017
Eight Aliens Indicted on Immigration ViolationsRead the Press Release
RALEIGH – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging OSCAR ARMANDO ARIAS, age 42, of Honduras, JUAN ANTONIO HERNANDEZ-RAMIREZ, age 27, of Mexico, BERNARDINO PATLAN-GONZALEZ, age 35, of Mexico, OSMAN SAMIR ALVAREZ-GUITY, age 31, of Honduras, JESUS FELIX-REYES, age 36, of Mexico, JESUS ANTONIO MILLAN-RASCON, age 33, of Mexico, and JUAN GALLARDO-MEJIA, age 52, of Mexico, with Illegal Reentry of a Deported Alien.
Also, the same federal grand jury returned an indictment charging ALVARO VERA-DELGADILLO, age 34, of Mexico, with Possession of a Firearm by an Alien Illegally or Unlawfully in the United States.
If convicted of Illegal Reentry of a Deported Alien, HERNANDEZ-RAMIREZ, previously deported on two occasions, and PATLAN-GONZALEZ, previously deported on four occasions, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
ALVAREZ-GUITY, FELIX-REYES, and MILLAN-RASCON are alleged to have been previously deported on three, six, and seven occasions, respectively, and having been previously convicted of a felony (a prior illegal reentry after deportation). Also, ARIAS is alleged to have been previously deported after having been convicted of a felony (trafficking in cocaine). Therefore, if convicted, they face a maximum imprisonment term of ten years.
GALLARDO-MEJIA is alleged to have been previously deported twice after having been convicted of an aggravated felony (possession of marijuana for sale). Therefore, if convicted, he faces a maximum imprisonment term of twenty years.
If convicted of possession of a firearm by an alien illegally in the United States, VERA-DELGADILLO would face maximum penalties of ten years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by the Department of Homeland Security, specifically, Immigration and Customs Enforcement, Enforcement and Removal Operations, and Homeland Security Investigations.
Easthampton Man Agrees to Plead Guilty to Distributing Child PornographyRead the Press Release
BOSTON – An Easthampton man pleaded guilty today in U.S. District Court in Springfield to child pornography charges.
James J. Smith, 38, pleaded guilty to six counts of distribution of child pornography, one count of transportation of child pornography, one count of receipt of child pornography, and one count of possession of child pornography. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for May 4, 2017.
In January 2015, Smith’s cell phone, which was recovered during a search of his home, was found to contain approximately 110 images of child pornography, including images of a known eight-year-old girl. Smith also emailed and engaged in Craigslist correspondence with multiple people in which they discussed the sexual abuse of children. Smith offered to distribute, and did distribute, child pornography involving children aged ten and younger with his online associates. Smith also offered to receive, and did receive, child pornography from an online associate.
If the Court accepts the plea agreement, Smith will be sentenced to between 120 months and 151 months in prison and 10 years of supervised release. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Northampton Police Chief Jody Kasper; and Easthampton Police Chief Robert Alberti, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office is prosecuting the case.
Dunkirk Man Sentenced in Major Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Samuel Hernandez, of Dunkirk, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, cocaine, was sentenced to 27 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between 2013 and June 10, 2015, law enforcement officers investigated a drug trafficking organization led by defendants David Jesus Pagan and Rafael Burgos, Jr. During the course of the investigation, it was determined that the defendants distributed multiple kilograms of cocaine throughout the Dunkirk area.
Hernandez was arrested in June of 2013 along with David Jesus Pagan, Burgos, as well as Javier Pagan, Jr., Alvin Torres, Jr., and Angel Pierluissi. Search warrants were executed at the time of the arrests at six properties which resulted in the recovery of more than seven kilograms of cocaine and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine.
All six defendants have been convicted in this case.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Dunkirk Police Department, under the direction of Chief David C. Ortolano; the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace; the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb; and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.
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District Man Pleads Guilty to Federal Charge for Making Bomb Threats Against Union StationRead the Press Release
WASHINGTON – James Cherry, 58, of Washington, D.C., pled guilty today to a federal charge stemming from a 911 call he made last summer that falsely claimed numerous bombs were set to go off at Union Station, announced Channing D. Phillips, U.S. Attorney for the District of Columbia, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Neil Trugman, Interim Chief of the Amtrak Police Department.
Cherry’s call led to an emergency response by law enforcement and the evacuation of the train station, as well as disruptions of train service, until the claim was found to be a hoax. In addition to the call regarding Union Station, which was the basis for the guilty plea, Cherry admitted making another two 911 calls with a bomb threat in downtown Washington.
Cherry pled guilty in the U.S. District Court for the District of Columbia to a charge of threatening and conveying false information concerning use of an explosive. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of 30 to 37 months in prison and a fine of up to $55,000. The plea agreement calls for Cherry to pay $36,153 in restitution to Amtrak. He is to be sentenced on May 24, 2017, by the Honorable Colleen Kollar-Kotelly.
According to a statement of offense, signed by the defendant as well as the government, on Monday, July 25, 2016, at approximately 6:20 p.m., Cherry placed a call to 911 reporting there were two bombs “ready to go off in this building, one building 1818 Pennsylvania Avenue, next building is three blocks away. You figure it out, you figure it out.” Edward R. Murrow Park is located at 1818 Pennsylvania Ave. N.W. The White House is within three blocks of that address. The United States Secret Service was notified of the threat. The World Bank is located on H Street facing the park and the numbers 1818 are prominently displayed on the side of the building. At approximately 6:31 p.m., the Metropolitan Police Department (MPD) received another call stating, “There are two bombs.” This was followed by another call in which nothing was said. At about 6:32 p.m., a call back to the number received a voicemail for “James.”
On Wednesday, July 27, 2016, at approximately 5:06 p.m., at the beginning of the evening rush hour, Cherry placed another call to 911 using the same cell phone that he used two days earlier. This time, he reported that “there are eight bombs at Union Station set to go off” and threatened to kill “all you white people,” describing them as pigs.
Union Station, located at 50 Massachusetts Avenue NE, is the main interstate train station for Washington, D.C., used by interstate National Railroad Passenger Corporation (Amtrak) trains, local Metro Transit trains, and MARC (Maryland Area Rail Commuter) and VRE (Virginia Railway Express) trains serving commuters from Maryland and Virginia. In addition, it is a major commercial center, with numerous retail outlets, and dining establishments.
The 911 threat call prompted an immediate emergency response. Union Station was evacuated and a sweep conducted of the exterior and interior of the building by Amtrak police, Capitol Police and Metro Transit Police K9s. The FBI-led Joint Terrorism Task Force was mobilized and began an investigation. The Metropolitan Police Department assisted with guarding the exterior of the building, monitoring pedestrian travel while the other agencies conducted a sweep for hazardous materials.
After a thorough investigation, officials determined that the threat was a hoax. No explosive devices were found. Six Amtrak trains and passengers were disrupted as a result of the threat, which caused a monetary loss for Amtrak in the amount of $36,153. There were also five MARC (Maryland Area Rail Commuter) and two VRE (Virginia Railway Express) trains serving commuters from Maryland and Virginia delayed as a result of the threat.
A law enforcement investigation determined that Cherry was the subscriber and registered owner of the cell phone used to make the false bomb threats. Cherry was arrested in Southeast Washington on Dec. 16, 2016 and has been in custody ever since. Upon arrest, Cherry told law enforcement that he made the threat against Union Station when he was high and drunk.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Interim Chief Trugman commended the work of the emergency responders and those who investigated all of the hoax calls from the FBI’s Washington Field Office, the Amtrak Police Department, the Metropolitan Police Department, the Capitol Police, the Metro Transit Police, and the U.S. Secret Service. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Mac Caille Petursson and Jorge Casillas, Legal Assistant Matthew Ruggiero, Document Management Analyst Christopher Oppliger. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Brenda J. Johnson, who is investigating and prosecuting the matter.
District Man Found Guilty of Federal Charges for Three Bank Robberies in 24-Hour PeriodRead the Press Release
WASHINGTON – Tyrone Edward Wright, 46, of Washington, D.C., was found guilty today of committing three bank robberies during a 24-hour period, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Wright was found guilty by a jury of three counts of bank robbery, following a trial in the U.S. District Court for the District of Columbia. Under federal sentencing guidelines, he could face a range of 70 to 87 months of incarceration. Wright, who represented himself at the trial, will be sentenced at a date to be determined later by the Honorable Rudolph Contreras.
According to the government’s evidence, Wright was responsible for three bank robberies during a 24-hour period in April of 2016. The robberies occurred at two banks located within blocks of one another in the NOMA neighborhood of Washington, D.C., along the First Street NE corridor. During each of the robberies, the defendant entered the bank and passed a demand note to the teller before leaving with his demand note and bank money.
The first robbery took place at approximately 3:30 p.m. on April 20, 2016, at Premier Bank branch in the 1100 block of First Street NE. The second took place at 12:25 p.m. the following day at a TD bank in the 1200 block of First Street, and the third took place just eight minutes later, once again at the Premier Bank branch. A total of $6,577 was taken by the defendant. Wright was stopped by law enforcement a few blocks and minutes away from the final bank robbery, while coming out of a public library in the 100 block of L Street NW, with the proceeds of the latest robbery stuffed in his shoes and pocket. Bank videos of the robberies captured images of the robberies and the suspect in great detail.
In announcing the verdict, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Interim Chief Newsham praised the work of the FBI Violent Crimes Task Force, which in this case involved work from the FBI, the Metropolitan Police Department, the U.S. Marshals Service, and the Inspector General’s Office of the Department of Energy. They also expressed appreciation for the assistance of the District of Columbia Public Library Police Department. They commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisor Paralegal Specialist Mary Downing; Paralegal Specialists Candace Battle, Catherine O’Neal and Tisha Tobias; Legal Assistant Latoya Wade; Litigation Support Specialists Jeanie Lattimore-Brown and Paul Howell and Kimberly Smith; and Intern Zachary Kaplan. Finally, they commended the work of Assistant U.S. Attorney Stephen J. Gripkey, who indicted and tried the case.
Corporation and Its Executive Agree to Plead Guilty to Participating in Capacitors Price-Fixing ConspiracyRead the Press Release
First Individual to Plead Guilty in Ongoing Investigation
Matsuo Electric Co. Limited and one of its executives, Satoshi Okubo, have agreed to plead guilty for their roles in a conspiracy to fix prices and rig bids for electrolytic capacitors sold to customers in the United States and elsewhere, the Department of Justice announced today.
In charges filed today in the U.S. District Court of the Northern District of California, Matsuo and Okubo were charged in a conspiracy to suppress and eliminate competition of electrolytic capacitors by fixing prices and rigging bids. The charges allege that Matsuo participated in the conspiracy from at least as early as November 2001 until about January 2014 and that Okubo participated in the conspiracy from at least as early as August 2002 until about January 2014.
In addition to pleading guilty, Matsuo has agreed to pay a criminal fine and Okubo has agreed to serve a prison term of one year and a day. Both have agreed to cooperate with the Antitrust Division’s ongoing investigation. The plea agreements are subject to court approval.
“The simultaneous acceptance of responsibility by a company and the executive who supervised its involvement in the cartel demonstrates in a concrete way their future commitment to lawful conduct and an improved business culture,” said Acting Assistant Attorney General Brent Snyder of the Justice Department’s Antitrust Division. “The division continues to investigate this industry and will take the steps necessary to ensure that the executives involved in the conspiracy are held accountable, and that the companies that participated undertake changes to instill a culture of compliance and remediation.”
Electrolytic capacitors store and regulate electrical current in a variety of electronic products, including computers, televisions, car engine and airbag systems, home appliances and office equipment.
Today’s charges result from an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the electrolytic capacitors industry. The investigation is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Field Office. With today’s charges, six companies and 10 individuals have now been charged in the division’s ongoing investigation.
Anyone with information on price fixing, bid rigging, or other anticompetitive conduct related to the capacitors industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI tip line at 415-553-7400.
Matsuo Information
Okubo Information
Columbus ‘Pimp’ Indicted for Trafficking WomenRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged Lerenzo M. White, aka “Justice” and “Justin,” 30, of Columbus, with five counts of human trafficking in an indictment returned in Columbus.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ohio Attorney General Mike DeWine and members of the Central Ohio Human Trafficking Task Force, including Steve Francis, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Franklin County Prosecutor Ron O’Brien, Columbus Police Chief Kim Jacobs and Franklin County Sheriff Dallas Baldwin announced the indictment returned January 26, which was unsealed today at White’s initial appearance. White was arrested yesterday by Task Force agents.
The indictment alleges that White, through force, fraud or coercion, trafficked at least five females for the purpose of commercial sex acts. According to the indictment, White allegedly recruited and harbored women from at least July 2013 through May 2016. It is alleged that he used violence and the threat of drug withdrawal, namely heroin, to force young women to prostitute themselves at various hotels and residences throughout Ohio for his financial benefit.
Sex trafficking by force, fraud or coercion is punishable by a range of 15 years up to life in prison.
U.S. Attorney Glassman commended the investigation of this case by the Ohio Attorney General’s Ohio Organized Crime Investigations Commission Human Trafficking Task Force, which includes authorities from the U.S. Homeland Security Investigations, Columbus Division of Police, Ohio State Highway Patrol, the Franklin County Sheriff’s Office, the Franklin County Prosecutor’s Office and the Delaware County Prosecutor's Office, as well as Assistant U.S. Attorney Heather A. Hill and Special Assistant U.S. Attorney Jennifer M. Rausch, Director of the Franklin County Special Victims Unit, who are prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Anyone with information regarding this case is encouraged to contact the ICE HSI Tip Line at 866-DHS-2-ICE (866-347-2423).
Cleveland tax preparer charged for claiming $800,000 in fraudulent tax refundsRead the Press Release
A Cleveland woman was charged in federal court for aiding and abetting the filing of false tax returns, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Troy Stemen, Acting Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Leona T. Moore, 38, aka, Leona McDonald, was charged via criminal information with 34 counts of aiding and sssisting in the preparation of false income tax returns. The information alleges that for the tax years 2013 through 2015, Moore caused the IRS to issue over $800,000 in fraudulently obtained refunds.
Moore operated a tax preparation business known variously as Leona Moore Tax Services or Moore’s Tax Service. Moore obtained clients by word of mouth and through Facebook.
Moore filed tax returns for clients containing various false statements, including, among others, false information about self-employment, false and inflated information about the amount of income and false information about the number of dependents, all in order to generate false refunds based on the Earned Income Credit and/or the Additional Child Credit, according to the information.
Moore split the fraudulently obtained refunds with her clients, according to the information.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case is being prosecuted by Assistant U.S. Attorney Ann C. Rowland following an investigation by the Internal Revenue Service – Criminal Investigation.
Cleveland man indicted for having carfentanil, fentanyl and cocaineRead the Press Release
A Cleveland man was charged in a five-count indictment for having carfentanil, fentanyl and cocaine with the intent of selling drugs, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Timothy Plancon, Special Agent in Charge of the Drug Enforcement Adminstration’s office that oversees Ohio.
Dashawn Elder, 21, was arrested on Nov. 28 and found to have carfentanil, fentanyl, cocaine, as well as a firearm and other drugs, according to court documents.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
Assistant U.S. Attorney Matthew J. Cronin is prosecuting the case following an investigation by the DEA.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
California Man Sentenced to Prison for Filing Tax Returns in the Name of Deceased Individuals and Stealing Social Security and Refund ChecksRead the Press Release
Hugh Robinson, a San Pablo, California resident, was sentenced yesterday to serve 144 months in prison for filing tax returns using the identities of deceased individuals and stealing social security and refund checks destined for other individuals, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Brian J. Stretch for the Northern District of California.
In October 2016, Robinson, 46, was convicted of conspiring to steal public money, stealing public money, and aggravated identity theft. According to the evidence presented at his trial, from at least August 2013 through April 2015, Robinson and his co-conspirators took names and personal identification information of deceased individuals from California death records and used them to file income tax returns seeking refunds. Robinson and his co-conspirators directed the refunds to addresses and bank accounts that they controlled. Robinson also bought and cashed legitimate refund and social security benefits checks that he knew had been stolen. Robinson and his co-conspirators obtained fraudulent California IDs and used them to cash the refund and social security checks at various stores, including in the Richmond-area. total, Robinson intended to cause a loss of more than $1.5 million.
In addition to the term of prison imposed, Robinson was ordered to serve three years of supervised release and to pay restitution in the amount of $900,402 to the Internal Revenue Service (IRS).
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch commended special agents of IRS–Criminal Investigation who conducted the investigation, and Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera, and Trial Attorney Gregory Bernstein of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Burlington County, New Jersey, Man Sentenced to Eight Years in Prison for Scheme to Rob Drug Dealers at GunpointRead the Press Release
CAMDEN, N.J. – A Willingboro, New Jersey, man was sentenced today to 96 months in prison for his role in a conspiracy to rob a drug stash house of multiple kilograms of cocaine that he believed would be stored at the location, U.S. Attorney Paul J. Fishman announced.
Sean Forman, a/k/a “C-Life,” 43, previously pleaded guilty before U.S. District Judge Noel L. Hillman to a two-count superseding information charging him with conspiracy to commit robbery and conspiracy to distribute cocaine. Judge Hillman imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
In January 2014, Forman, Robert Smith, 43, of Trenton, Derrick Adams, 30, of Florence and Willingboro, New Jersey, and Daquon Basnight, 25, Jamiil McFarlane, 24, and Morris Muse, 36, all of Trenton, planned a gunpoint robbery of a drug stash house in order to steal kilograms of cocaine from dealers at the location. During an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Smith was recorded – in the presence of Forman – discussing his willingness, if necessary, to kill the occupants of the stash house. Smith and Adams, in text message conversations and recorded communications, discussed their plan to rob the stash house while posing as law enforcement.
ATF special agents arrested the conspirators when they arrived at a meeting location in Maple Shade, New Jersey, on Jan. 30, 2014. After searching the conspirators and their vehicles, the agents recovered five firearms – including a sawed-off shotgun and two stolen handguns – as well as numerous rounds of ammunition, a ballistics vest, masks, gloves, and zip ties.
In addition to the prison terms, Judge Hillman ordered Forman to serve five years of supervised release.
Basnight, McFarlane, Muse, and Adams all previously pleaded guilty to their roles and have been sentenced to prison. Smith was convicted at trial and sentenced to 360 months in prison in November 2016.
U.S. Attorney Fishman credited special agents with the ATF Camden Field Office, under the direction of Acting Special Agent in Charge Scott C. Curley in Newark, with the investigation leading to today’s sentence. He also thanked the Drug Enforcement Administration (DEA) Maple Shade Field Office, as well as the Burlington City and Burlington Township police departments, for their assistance in this case.
The government is represented by Assistant U.S. Attorneys Justin C. Danilewitz and Howard Wiener of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Brian O’Malley Esq.
Buffalo Man Convicted on Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Roberto Leon, 24, of Buffalo, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to possession with intent to distribute, and distribution of, heroin. The defendant faces a maximum term of 20 years in prison and a fine of $1,000,000.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that in September of 2015, the defendant sold a quantity of heroin to a Drug Enforcement Administration confidential source (CS) on two separate occasions.
The conviction is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for May 23, 2017, before Judge Vilardo.
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Broken Bow Man Sentenced to 120 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CHARLES DWANE BROWN, age 43, of Broken Bow, Oklahoma, was sentenced to 120 months imprisonment, and 3 years of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Indictment alleged that on or about May 6, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the McCurtain County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Arizona Man Sentenced to 30 Years for Conspiracy to Support ISIL and Other Federal OffensesRead the Press Release
Abdul Malik Abdul Kareem, 45, of Phoenix, Arizona, was sentenced today to 30 years in prison, and lifetime supervised release following his conviction on numerous offenses. On March 17, 2016, Kareem was found guilty by a federal jury of conspiring to provide material support to the Islamic State of Iraq and the Levant (“ISIL”), a designated foreign terrorist organization; conspiring to transport firearms and ammunition in interstate commerce with the intent to commit murder and aggravated assault; transporting firearms and ammunition in interstate commerce with the intent to commit murder and aggravated assault; making false statements to the FBI; and being a felon in possession of a firearm.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, Acting U.S. Attorney Elizabeth A. Strange for the District of Arizona and Special Agent in Charge Michael DeLeon of the FBI’s Phoenix Field Office. The sentence was handed down by U.S. District Judge Susan R. Bolton.
“Following the first jury trial in the country involving a homeland attack committed in the name of ISIL, today’s sentence holds Abdul Kareem accountable for conspiring to provide material support to the foreign terrorist organization and other federal offenses,” said Acting Assistant Attorney General McCord. “The defendant conspired with Elton Simpson and Nadir Soofi to provide material support to ISIL and to transport firearms in interstate commerce with the intent to commit murder and aggravated assault. Thanks to the response of brave law enforcement officers at the scene, no innocent lives were lost when Simpson and Soofi attacked the Curtis Culwell Center in Garland, Texas. The National Security Division will continue to prosecute to the fullest extent of the law those who conspire with others to support foreign terrorist organizations and to commit acts of violence in our country.”
“Today’s sentence, in the country’s first trial involving a homeland terrorist attack committed in the name of ISIL, demonstrates the commitment of the United States to hold accountable any person who participates in or aids in any way acts of terrorism against our citizens,” said Acting U.S. Attorney Strange. “I want to thank the FBI for the tremendous effort that went into the underlying investigation, as well as the brave law enforcement officials in Garland whose quick action during the attack prevented a much larger tragedy.”
“The sentencing of Kareem is significant and sends a strong message to those who support terrorism,” said Special Agent in Charge DeLeon. “Unfortunately, some people who do not believe in the American way of life are plotting to do us harm. The protection of U.S. citizens and our communities remains the FBI's number one priority. This can only be accomplished through the joint and coordinated efforts of our law enforcement, our intelligence community, and our vigilant citizens. I would like to commend our federal, state, and local law enforcement partners, to include the Joint Terrorism Task Force, for their role in this case."
The evidence at trial showed that beginning around June 2014, Kareem and two friends, Elton Simpson and Nadir Soofi, began conspiring to support ISIL. Their conspiracy focused on supporting ISIL by attacking targets in the U.S. Over the course of the conspiracy, Kareem, Simpson and Soofi considered attacking military bases, individual military service members, shopping malls, the Super Bowl and the “Muhammad Art Exhibit and Contest.”
On May 3, 2015, the morning of the contest, Simpson and Soofi drove from Arizona to Texas, stopped their car near the contest, got out and began firing assault rifles at security personnel and law enforcement officers. A security guard was injured by one of their bullets, and Simpson and Soofi were shot and killed by police officers in the firefight.
Additionally, the evidence at trial showed that Kareem’s role in the conspiracy included assisting the other two men with firearms training, providing money to purchase some of the weapons and ammunition used in the attack, instruction on how to care for and maintain their weapons, taking Simpson and Soofi shooting in the desert, hosting Simpson and Soofi in his home and providing a meeting location to plan the attack. The evidence also showed that Kareem supported ISIL and knew that Simpson and Soofi supported ISIL. Kareem did not travel to Texas and was not injured during the attack. During an interview with FBI agents soon after the attack, Kareem lied about having prior knowledge of the attack and the contest.
This case was investigated by the FBI, and the prosecution was handled by Assistant U.S. Attorneys Joseph Koehler and Kristen Brook of the District of Arizona, with assistance provided by Trial Attorney Rebecca Magnone and Deputy Chief Matthew Blue of the National Security Division’s Counterterrorism Section.
7 February 2017
Violent Offender Sentenced to 30 Years’ Imprisonment for KidnappingRead the Press Release
PHOENIX, – On February 6, 2017, Al Shonnie Ben, 40, of Tuba City, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 30 years’ imprisonment followed by five years of supervised release. Ben had previously pleaded guilty kidnapping.
The investigation revealed that on Sept. 7, 2014, Ben, a member of the Navajo Nation, using a knife, kidnapped and assaulted three victims, also members of the Navajo Nation, resulting in serious and substantial bodily injuries to the respective victims.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Public Safety. The prosecution was handled by Dimitra H. Sampson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-15-8028-PCT-DLR
RELEASE NUMBER: 2017-009_Ben
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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.
United States Resolves Civil Fraud Suit Against Melville-Based Mortgage LenderRead the Press Release
Robert L. Capers, United States Attorney for the Eastern District of New York, Christina D. Scaringi, Special Agent in Charge, North East Region, Office of the Inspector General for the Department of Housing and Urban Development, and Jay N. Lerner, Inspector General for the Federal Deposit Insurance Corporation announced the settlement of claims against Franklin First Financial, Ltd., its Chief Executive Officer, Frederick Assini, its Chief Operating Officer, Christopher Bertman, and Andrew Dauro, a manager of the company. The case, United States v. Rainy Day Holdings, LLC. et al., Civil Action No. CV-15-5576 is pending in federal court in Central Islip, NY before United States District Judge Joseph F. Bianco.
Franklin First, Assini, Bertman, and Dauro participated in the Direct Endorsement Program, a United States Department of Housing and Urban Development (HUD) program that allowed Franklin First to make mortgage loans which were insured by the Federal Housing Administration (FHA) in the event of default. If the FHA determined that Franklin First’s mortgages defaulted within the first two years at a rate 100% or higher than other lenders within the same geographic region, the FHA could have audited, immediately suspended, or sought to permanently remove Franklin First from the Direct Endorsement Program. As alleged in the government’s complaint, the defendants made surreptitious mortgage payments for borrowers on at least one hundred eleven FHA-insured loans that otherwise would have become delinquent or gone into default within two years of origination by Franklin First. As a result, the defendants deprived HUD of critical loan performance information needed to determine whether Franklin First should remain eligible for participation in the Direct Endorsement Program.
In addition, the defendants concealed from HUD the fact that Franklin First was making the loan payments by funneling the payments through a purported charitable organization, the Rainy Day Foundation. In the stipulated consent decree, Franklin First, Assini, Bertman, and Dauro admitted to making the improper payments and that the payments altered the company’s delinquency and default rates. Franklin First, Assini, Bertman, and Dauro agreed to pay one million, two hundred fifty-thousand dollars ($1,250,000) to resolve the United States’ claims. With the resolution of the claims against Franklin First, Assini, Bertman, and Dauro, the total settlements arising out of the Rainy Day Foundation matter are $2.399 million.
“This resolution demonstrates our Office’s vigorous pursuit of those who would abuse federal mortgage programs, whether they be companies or individuals. The significant penalty and defendants’ admissions to wrongdoing help to restore the integrity of the FHA mortgage insurance program,” stated United States Attorney Capers. “We would like to thank HUD’s Office of the Inspector General, HUD’s Office of Program Enforcement, and the FDIC Office of the Inspector General for their outstanding work and continued support in investigating this matter.”
Special Agent in Charge Scaringi stated, “This settlement is the latest example of our continued commitment to hold mortgage industry professionals accountable for their actions and should prove to the public that the HUD OIG and the U.S. Attorney's Office remain steadfast in our efforts to root out deceptive practices that victimize the FHA.”
FDIC Inspector General Lerner said, “The FDIC OIG is pleased to support the Department of Justice and the Department of Housing and Urban Development in bringing about today’s settlement. By working together, we broaden the government's efforts to pursue damages resulting from misconduct. The civil penalties imposed today send a strong message that fraudulent practices like those committed by the principals of Franklin First will not be tolerated.”
The United States’ case in this matter is being litigated by Assistant United States Attorneys Edward Newman, John Vagelatos, and Robert Schumacher.
Franklin Settlement AgreementTwo Synthetic Drug Wholesalers Sentenced to over 40 Years in Federal PrisonRead the Press Release
Two men who acted as wholesalers for synthetic drugs across the Midwest, including Iowa, were sentenced today to a total of more than 40 years in federal prison.
Muhammad Anwar, age 50, from West Des Moines, Iowa, received the prison term after an October 2015 jury verdict finding him guilty of conspiring to distribute controlled substances and conspiring to commit money laundering. Ahmad Saeed, age 50, of Tulsa, Oklahoma, received the prison term after a September 2015 guilty plea to the same charges.
Evidence at trial and at the sentencing hearing today showed that in about 2009, Saeed began purchasing synthetic drugs in order to provide them to convenience stores in Oklahoma, Iowa, and Missouri. Witnesses testified that over an approximately three-year period from 2011 to early 2014, Saeed and Anwar purchased over 7 million grams of “spice” products for redistribution to these stores. Sales of those substances generated millions of dollars in proceeds for Saeed, Anwar, and their suppliers. Evidence at Anwar’s trial showed that the packaging for the synthetic drug products he sold to the convenience stores bore some form of statement that the product was “not for human consumption.” Despite the statements on the packaging, both men admitted they knew the synthetic drug products were being consumed by users.
Anwar and Saeed were sentenced in Cedar Rapids by United States District Court Judge John A. Jarvey. Anwar was sentenced to a total of 300 months’ imprisonment. Saeed was sentenced to a total of 210 months’ imprisonment. A special assessment of $200 was imposed on each man, and both were ordered to forfeit $750,000 in drug proceeds to the United States. Each man must also serve a 3-year term of supervised release after his prison term. There is no parole in the federal system.
The searches that led to these prosecutions were conducted as a part of Project Synergy, a global takedown of synthetic drug manufacturers and distributors. In Project Synergy enforcement actions between December 2012 and June 2014, more than 227 arrests were made and 416 search warrants served in 35 states, 49 cities and five countries, along with more than $51 million in cash and assets seized. Altogether, 9,445 kilograms of individually packaged, ready-to-sell synthetic drugs, 299 kilograms of cathinone drugs (the falsely labeled “bath salts”), 1,252 kilograms of cannabinoid drugs (used to make the so-called “fake pot” or herbal incense products), and 783 kilograms of treated plant material were seized. Project Synergy was coordinated by DEA’s Special Operations Division, working with the DEA Office of Diversion Control, and included cases led by DEA, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the FBI, and the IRS. In addition, law enforcement in Australia, Barbados, Panama, and Canada participated, as well as a multitude of state and local law enforcement members.
Anwar and Saeed are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Internal Revenue Service – Criminal Investigation, the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; the Tri-County Drug Enforcement Task Force; the Federal Bureau of Investigation; the Department of Homeland Security; and the Iowa Division of Criminal Investigation, Intelligence Division, and was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR15-2005-JAJ.
Follow us on Twitter @USAO_NDIA.
Thai National Admits to Running Immigration Fraud SchemeRead the Press Release
PROVIDENCE, R.I. – Nimon Naphaeng, 35, a native and citizen of Thailand, who resided in Wakefield, R.I., pleaded guilty in U.S. District Court in Providence yesterday to federal charges resulting from his running an immigration fraud scheme, which included the filing of false asylum applications on behalf of individuals who did not request nor authorize the applications.
Naphaeng pleaded guilty to seven (7) counts of mail fraud and two (2) counts of visa fraud, announced United States Attorney Peter F. Neronha and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations for New England.
Appearing before U.S. District Court Chief Judge William E. Smith, Naphaeng admitted to the court that from August 2014 through December 2015, for a fee of between approximately $1,500 and $2,500 per applicant, he would file false asylum applications thereby securing the right of the applicant to remain in the United States, obtain an Employment Authorization Document (“EAD card”) and as a result, further government benefits including a social security number, driver’s license, and if otherwise qualified, financial benefits. An EAD card is issued with the name and date of birth of the holder printed on the card.
To execute his scheme, Naphaeng admitted that he advertised on the Internet and in flyers posted in Thai restaurants around the United States, that he could, in addition to helping with tax returns, obtain EAD cards for Thai nationals. Naphaeng admitted he never mentioned to his clients that he would file asylum applications on their behalf in order to obtain the EAD card. Naphaeng had the applicants supply him with vital personal information including their name and date of birth, photographs, and a copy of the biographical page from their passport. He would then file a false asylum application without the knowledge of the applicant in order to obtain the promised documents.
According to court documents, Naphaeng will forfeit $285,789.31 seized from him by law enforcement as part of the investigation. The funds will be applied to any order of restitution to the victims issued by the Court.
Naphaeng, who has been detained in federal custody since his arrest on December 22, 2015, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on May 1, 2017. Mail fraud is punishable by statutory penalties of up to 20 years in federal prison; a fine of up to $250,000; and term of supervised release of up to 3 years. Visa fraud is punishable by statutory penalties of up to 10 years in federal prison; a fine of up to $250,000; and term of supervised release of up to 3 years.
The matter was investigated by Homeland Security Investigations and the United States Attorney’s office, with substantial assistance from the U.S. Citizenship and Immigration Services - Fraud Detection National Security Asylum Office, Newark, N.J., and the Warwick, R.I., Police Department.
The case is being prosecuted by Assistant U.S. Attorneys Richard W. Rose and Mary E. Rogers.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Three Nigerian Nationals from South Africa Convicted in International Cyber Financial Fraud SchemeRead the Press Release
WASHINGTON – Three Nigerian nationals, who in July 2015 were extradited from South Africa to the Southern District of Mississippi, were convicted today by a federal jury for their wide-ranging Internet fraud schemes.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Gregory K. Davis of the Southern District of Mississippi made the announcement.
Oladimeji Seun Ayelotan, 30, was convicted of conspiracy to commit mail fraud, wire fraud, and bank fraud, conspiracy to commit identity theft, access device fraud, and theft of U.S. government funds, two counts of mail fraud, and conspiracy to commit money laundering. Ayelotan faces up to 95 years in prison. Rasaq Aderoju Raheem, 31 was convicted of conspiracy to commit mail fraud, wire fraud, and bank fraud, conspiracy to commit identity theft, access device fraud, and theft of U.S. government funds, three counts of mail fraud, and conspiracy to commit money laundering. Raheem faces up to 115 years in prison. Femi Alexander Mewase, 45, was convicted of conspiracy to commit mail fraud and wire fraud, and conspiracy to commit identity theft, access device fraud, and theft of U.S. government funds. Mewase faces up to 25 years in prison. Sentencing for all three is set for May 24 in the Southern District of Mississippi.
According to trial testimony and evidence presented in the three-week trial, the defendants participated in numerous complex Internet-based financial fraud schemes, including romance scams, re-shipping scams, fraudulent check scams, and work-at-home scams, as well as bank, financial, and credit card account takeovers. From as early as 2001, the defendants identified and solicited potential victims through online dating websites and work-at-home opportunities. In some instances, the defendants carried on fictitious online romantic relationships with victims for the purpose of using the victims to further objectives of the conspiracy. For example, the defendants convinced victims to ship and receive merchandise purchased with stolen personal identifying information (PII) and compromised credit card and banking information, to deposit counterfeit checks, to withdraw money from fraudulent pre-paid debit cards that were loaded with money from stolen credit cards and to transfer proceeds of the conspiracy via wire, U.S. mail, or express delivery services.
A total of 21 defendants were charged in this case. To date, defendants Adekunle Adefila, 41, of Nigeria; Anuoluwapo Segun Adegbemigun, 40, of Nigeria; Gabriel Oludare Adeniran, 30, of Nigeria; Genoveva Farfan, 45, of California; Rhulane Fionah Hlungwane, 26, of South Africa; Teslim Olarewaju Kiriji, 30, of Nigeria; Dennis Brian Ladden, 75, of Wisconsin; Olutoyin Ogunlade, 41, of New York; Taofeeq Olamilekan Oyelade, 32, of Nigeria; Olufemi Obaro Omoraka, 27, of Nigeria; and Olusegun Seyi Shonekan, 34, of Nigeria; have pleaded guilty to related conspiracy charges. Susan Anne Villeneuve, 49, of California, is awaiting trial.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the U.S. Postal Inspection Service investigated the case. Significant assistance was also provided by the Criminal Division’s Office of International Affairs, the HSI Cyber Crimes Center, HSI Attachés in Pretoria, South Africa and Dakar, Senegal, the U.S. Marshals Service’s International Investigations Branch and the Southern District of Mississippi District Office, the South African Police Service (SAPS) Directorate of Priority Crimes Investigation (DPCI) Electronic Crimes Unit, the SAPS Interpol Extradition Unit, the South African National Prosecution Authority and the South African Department of Justice and Constitutional Development. Trial Attorney Conor Mulroe of the Criminal Division’s Organized Crime and Gang Section, Senior Counsel Peter Roman of the Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorney Annette Williams of the Southern District of Mississippi tried the case.
If you believe that you may have been a victim of criminal fraud committed by any of the defendants, please go to http://www.justice.gov/usao-sdms/scams and complete the questionnaire. Defendants allegedly used the following email addresses and names to perpetuate the scheme:
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
Stacy Adams Marlon Chase
Regina Darwin Folly Edwards
Kimberly Faye Lorene M. Garrett
Mark Gentile John Gervino
Dickson Jones Anita Lauren
Samuel Maxwell Mark Miller
Adeline Piper Sarah Powell
Karen Robinson Glenn Sattelberg
Kevin Smith Mark Smith
Richard Wasser Justin Worsham
Any information that you provide through the questionnaire may be helpful in the criminal investigation and prosecution of this case. A federal investigator may contact you with additional questions or to request documents you may have. Please note that submitting the questionnaire is not a substitute for consulting with your own attorney to determine what actions and remedies may be available to you through civil litigation. If you have any questions related to this matter that are not addressed at the above websites, you may contact federal law enforcement authorities at [email protected].
Schneider Pleads Guilty to Federal Hate Crime Admits Assault Based on Victim’s Sexual OrientationRead the Press Release
BOISE – Kelly Schneider, 23, of Nampa, Idaho, pleaded guilty today in U.S. District Court to violently assaulting Steven Nelson because he was a gay man, resulting in Mr. Nelson’s death, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Wendy J. Olson for the District of Idaho.
Schneider was indicted by a federal grand jury on January 10, 2017, with one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.
“Kelly Schneider assaulted and killed a man because of the man’s sexual orientation,” said Acting Assistant Attorney General Wheeler. “This is a federal crime, and the Department of Justice will continue to work with our federal and state law enforcement partners to enforce our federal hate crimes laws.”
“Steven Nelson was assaulted and later died because he was gay,” said Olson. “This is precisely the kind of bias motivated violence that the Shepard-Byrd Act was passed to address. The federal prosecution in this case makes clear that this office, the Civil Rights Division and its law enforcement partners will pursue justice when a person is violently attacked based on who he loves and how he loves.”
According to the plea agreement, on the evening of April 27, 2016, Schneider posted a solicitation for sex on backpage.com, an Internet website, which included a shirtless photo of himself. Mr. Nelson responded to that posting, and Schneider met with him the next evening. Schneider took Mr. Nelson’s money without engaging in any sexual act with Mr. Nelson. Before the encounter, Schneider told his friends that he was not gay and would not let anyone who was gay touch him.
In the early morning hours of April 29, Schneider resumed communication with Mr. Nelson. Schneider then conspired with other individuals to again rob Mr. Nelson. According to the plan, Schneider was to meet up with Mr. Nelson in a parking lot and ask Mr. Nelson to drive to Gott’s Point, an isolated wildlife area in the Deer Flat Wildlife Refuge near Lake Lowell, for a sexual encounter. At Gott’s Point, Schneider would rob Mr. Nelson, and two of Schneider’s cohorts would be lying in wait as “back up” to assist Schneider if Mr. Nelson resisted the robbery.
When Schneider and Mr. Nelson reached Gott’s Point, Schneider immediately began physically assaulting Mr. Nelson, kicking him 20-30 times with steel-toed boots and repeatedly using a homophobic slur. Mr. Nelson never resisted throughout the attack. He died of his injuries later that day. No one else participated in the assault.
Sentencing is set for April 26, 2017, in front of Chief U.S. District Court Judge B. Lynn Winmill. The charge of willful assault based on sexual orientation, resulting in death, is punishable by up to life in prison, supervised release of not more than five years, and a $250,000 fine.
Schneider also pleaded guilty on January 23, 2017, in state court to first degree murder based on Mr. Nelson’s death.
The Canyon County Sheriff’s Office, with assistance from the Treasure Valley Metro Violent Crime Task Force, conducted the investigation. The case is being investigated federally by the FBI. The federal case is being prosecuted by U.S. Attorney Olson of the District of Idaho and Trial Attorney Aejean Cha of the Civil Rights Division.
Randallstown Woman Pleads Guilty to Injecting Non-Medical Grade Silicone into the Bodies of Victim CustomersRead the Press Release
Baltimore, Maryland – Kendra Westmoreland, age 54, of Randallstown, Maryland, pleaded guilty today to receiving and delivering an adulterated or misbranded device, in connection with her receipt and use of polydimethylsiloxane, which she misrepresented to customers as medical grade silicone.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Mark McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office; and Chief Terrence B. Sheridan of the Baltimore County Police Department.
According to her plea agreement, from October 2000 through October 4, 2015, Westmoreland received polydimethylsiloxane, a silicon-based organic polymer that she injected directly into the bodies of victim customers for money or some other payment. Westmoreland intentionally defrauded and misled individuals by representing polydimethylsiloxane as “medical grade” silicone and approved for injecting directly into the human body. Westmoreland also indicated that she was medically licensed to perform the procedure. In fact, Westmoreland was never a licensed medical practitioner and silicone is not approved by the FDA for this purpose.
As a result of her representations, victim customers came to her residence, or to hotel rooms, to have polydimethylsiloxane injected directly into their buttocks and other places on their bodies, for larger and fuller buttocks or to shape other areas of their bodies. Westmoreland also traveled to other locations for the same purpose. Westmoreland typically charged customers $250 to $500 per session, and estimated that she had injected thousands of customers, who she claimed found her through word of mouth, or through her business website. On October 4, 2015, a search warrant was executed at Westmoreland’s residence. A room of her home was set up to resemble an operating room, including medical equipment and collages of photographs of individuals exposing their buttocks, representing a sampling of those who Westmoreland had injected with silicone. A forensic search of Westmoreland’s cellular phone revealed 126 individuals listed in her contacts as clients. A financial audit of Westmoreland’s finances for the period from December 2011 to October 2015 revealed cash deposits of $227,994.01, and additional deposits of $48,801.06, for a total of $276,795.07. The audit indicated no tax payments and no tax returns filed during that period.
Westmoreland admitted that she stored the polydimethylsiloxone in a plastic container that was not properly labeled for medical use. When injected into humans, liquid silicone is a medical device subject to the regulation of the Food and Drug Administration (FDA). Polydimethylsiloxane is not approved, exclusively or as a component, for body-contouring. Polydimethylsiloxane is used in the manufacture of shampoos (to make hair shiny and slippery), food (as an antifoaming agent), caulking, lubricants, kinetic sand, and heat-resistant tiles.
Westmoreland faces a maximum sentence of three years in prison and a fine of up to $250,000. U.S. District Judge Ellen L. Hollander has scheduled sentencing for April 17, 2017, at 10:00 a.m.
United States Attorney Rod J. Rosenstein commended FDA Office of Criminal Investigations and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the case.
Preston County woman indicted for embezzlementRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Bruceton Mills, West Virginia woman has been indicted for embezzling $87,529 from West Virginia University, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Loretta J. Reckart, age 55, was indicted today by a federal grand jury sitting in Wheeling for one count of “Theft Concerning Programs Receiving Federal Funds.” The crime is alleged to have occurred from October 2010 to July 2016 in Monongalia County while Reckart was employed at WVU.
Reckart faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams is prosecuting the case on behalf of the government. The United States Department of Health and Human Services - Office of Inspector General investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Preston County man indicted for unlawful possession of a firearmRead the Press Release
WHEELING, WEST VIRGINIA – A Bruceton Mills, West Virginia man has been indicted for possessing a firearm illegally, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Michael Dee Cline, age 59, was indicted today by a federal grand jury for one count of “Felon in Possession of a Firearm.” Cline, who was previously convicted of a felony in Tennessee, was allegedly found in possession of a .45 caliber pistol in March 2016.
Cline faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wetzel County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.New Mexico Law Enforcement Officers Participate in Justice Department’s Officer Safety TrainingRead the Press Release
ALBUQUERQUE – More than a hundred and twenty-five officers from federal, state, county, local and tribal law enforcement agencies from across the state are participating in the Department of Justice’s VALOR Training this week. The VALOR Training program, which is provided by the Justice Department’s Bureau of Justice Assistance (BJA), is designed for frontline law enforcement to promote officer safety and to help prevent the injuries and deaths of law enforcement officers and the people they serve.
The three-day VALOR Training is being hosted by U.S. Attorney Damon P. Martinez and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department, from Feb. 7 to 9, 2017, in Albuquerque, N.M. During the training, participants will learn the importance of observing and listening to individuals, which may help them locate hidden weapons, identifying indicators of a potential assault, or defusing dangerous situations, enhancing their resiliency, and implementing casualty and care tactics.
BJA launched the VALOR Initiative in 2010 in response to the startling increase in felonious assaults that have taken the lives of many law enforcement officers. Since then, the VALOR Initiative has evolved to provide all levels of law enforcement with tools to enhance their safety, wellness, resilience and survivability.
“Our law enforcement officers put their lives on the line every day as they safeguard our communities and us,” said U.S. Attorney Damon P. Martinez. “BJA’s VALOR Training is part of the Justice Department’s commitment to supporting our officers and providing them with the best training available to protect themselves and each other when they are on the job.”
“Having participated in this training myself, I am very grateful that the Department of Justice is bringing this training back to New Mexico,” said Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.
VALOR is a comprehensive effort that includes classroom and Web-based training, research, and resources for sworn state, local, and tribal law enforcement officers. VALOR training provides critical nationwide, no-cost officer safety training to all levels of law enforcement. Both on-site and online training modules are developed using the latest expertise, analysis, tactics, techniques, and response methods to address alarming trends. Since the inception of the initiative, more than 21,000 law enforcement personnel across the country have received VALOR Training.
New Iberia men plead guilty to roles in wire fraud schemeRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that two New Iberia men pleaded guilty to a wire fraud conspiracy after admitting their roles in a scheme to create false invoices for shipments that never occurred.
Randy LeBlanc, 33, of New Iberia, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of conspiracy to commit wire fraud. The plea will become final after it is accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, LeBlanc worked as driver and later a dispatcher for Acme Trucking Lines (ATL) in New Iberia from February 2009 to May 2014. While employed as a driver beginning in 2011, an unnamed conspirator instructed LeBlanc to furnish waybills for shipments that had not occurred. LeBlanc did not inform the companies involved or authorities about the false invoices. In 2013, LeBlanc became a dispatcher for the terminal and continued driving for ATL. The unnamed conspirator provided instructions on creating waybills and “ghost” invoices, and LeBlanc created them until he was terminated in late 2014. After his termination, the unnamed conspirator told LeBlanc to take the blame for the false waybills. As a result of the scheme to defraud, LeBlanc personally received more than $220,000 to which he was not entitled.
Another New Iberia resident, Jahorae Johnson, 38, pleaded guilty January 30, 2017 to one count of conspiracy. Johnson worked as an ATL hot-shot driver from October 2011 to November 2014. Johnson did not have a commercial driver’s license but would make deliveries using a large pickup truck to different parts of the country. During his employment he created and submitted fraudulent invoices for trips that did not take place. Johnson stipulated that he received more than $96,000 of which he was not entitled.
LeBlanc and Johnson face up to 20 years in prison, three years of supervised release, restitution, forfeiture and a $250,000 fine. The court set May 5, 2017 as the sentencing date for both defendants.
The FBI conducted the investigation. Assistant U.S. Attorney Daniel J. McCoy is prosecuting the case.
Minot Man Sentenced to 7½ Years on Drug and Firearm ChargesRead the Press Release
Contact: Daniel J. Perry
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Ross Tardif, 30, of Minot, Maine, was sentenced yesterday in U.S. District Court by Judge Jon D. Levy to 7½ years in prison and three years of supervised release for possession with intent to distribute oxycodone and cocaine, and possession a firearm in furtherance of drug trafficking. He pled guilty on June 29, 2016.
According to court records, in August 2014, law enforcement responded to a 911 emergency call reporting a home invasion at Tardif’s home in Minot. Tardif was not home when agents arrived. While investigating the home invasion, the police discovered over 375 grams of cocaine, over 650 oxycodone pills, and over 14 kilograms of marijuana inside the house. Tardif arrived home after the drugs were seized and admitted to being involved in distributing those drugs. Subsequent investigation revealed that Tardif had been obtaining the drugs in New York since at least 2012 and distributing them in the Lewiston/Auburn area. Tardif also purchased a firearm to protect his drug distribution activities.This joint investigation was conducted by the U.S. Drug Enforcement Administration; the Maine Drug Enforcement Agency; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Maine State Police.
Mexican Man Sentenced for Fifth Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jose Alejandro Balderas-Figueroa, age 36, a former resident of Pelham, Alabama, was sentenced yesterday to time served (six weeks in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Balderas-Figueroa admitted that he returned to the United States almost immediately after he was removed to Mexico on October 6, 2016. Balderas-Figueroa also admitted that he had been removed to Mexico four other times, on May 18, 2015, September 7, 2014, January 25, 2007 and June 5, 2000.
On December 23, 2016, Balderas-Figueroa was arrested by United States Border Patrol Agents just south of the international border in the vicinity of Champlain, New York.
Following his sentencing, Balderas-Figueroa was remanded to the custody of the Department of Homeland Security, which will place Balderas-Figueroa into removal proceedings.
This case was investigated by the United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Erik Rodolfo Lozano-Arratia, age 27, and a resident of Kingston, New York, was sentenced today to time served (110 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Thomas Decker, Director of the New York Field Office for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Lozano-Arratia admitted that he returned to the United States after his May 15, 2013 removal to Mexico. Lozano-Arratia also admitted that he had been removed to Mexico four other times, the dates being January 4, 2012, October 21, 2011, August 18, 2011, and July 15, 2011.
On October 20, 2016, Lozano-Arratia was arrested by ICE-ERO officers in Kingston.
Following his sentencing, Lozano-Arratia was remanded to the custody of the Department of Homeland Security, which will place Lozano-Arratia into removal proceedings.
This case was investigated by Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), in Newburgh, New York, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Member of Taos County-Based Heroin Trafficking and Money Laundering Ring Enters Guilty PleaRead the Press Release
ALBUQUERQUE – Nicholas Baca, 31, a members of a Taos County-based heroin and money-laundering ring has entered a guilty plea in federal court in Albuquerque, N.M., to a heroin trafficking charge. Under the terms of his plea agreement, Baca faces up to 33 months in federal prison followed by a term of supervised release to be determined by the court. Baca is one of nine defendants charged with heroin trafficking and money laundering offenses as the result of a 15-month DEA-led multi-agency investigation into a heroin trafficking organization led by Ivan Romero, 40. To date, seven of the nine defendants have entered guilty pleas.
Baca and seven co-defendants initially were charged with heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add Elena Carabajal, 26, as a ninth defendant and five additional charges. The superseding indictment charged Baca, Ivan Romero and seven other defendants with conspiring to distribute heroin from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, 29, Melissa Romero, 37, and Wilma Romero, 66, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against specific defendants including Baca, as well as provisions seeking forfeiture to the United States of any and all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
During today’s proceedings, Baca pled guilty to a felony information charging him with conspiracy to distribute heroin. In entering the guilty plea, Baca admitted that in early 2015 he began obtaining approximately 6 grams of heroin from Ivan Romero on a daily basis to sell to others in and around Questa, N.M. Baca admitted that Ivan Romero allowed him to keep approximately 2.5 grams of heroin daily for Baca’s personal use. Baca distributed between 100 grams and 400 grams of heroin during the period in which he participated in the conspiracy. According to the plea agreement, law enforcement seized approximately 6.2 grams of heroin from Baca on April 2, 2015, in Taos, N.M.
Six of Baca’s co-defendants previously entered guilty pleas in the case. On Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, charging him with participating in a heroin trafficking conspiracy and a money laundering conspiracy. Ricco Romero also pled guilty on Dec. 5, 2016, to participating in the heroin trafficking conspiracy and the money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities. Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in the money laundering conspiracy. Tyler Baker, 45, of Taos County, N.M., entered a guilty plea in October 2016 to participating in the heroin trafficking conspiracy. Elena Carabajal entered a guilty plea on Jan. 4, 2017, to possession of heroin with intent to distribute. Wilma Romero entered a guilty plea on Jan. 5, 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute.
According to the admissions contained in the plea agreements of the defendants who have entered guilty pleas as well as other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and his brother Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Baca was one such dealer who distributed heroin in and around Questa in early 2015.
According to court documents, on April 2, 2015, law enforcement officers observed Baca drive to Ivan Romero’s home where he picked up his daily allotment of heroin. Instead of returning directly to Questa, Baca drove toward Taos and stopped in a parking lot north of Taos where a law enforcement officer approached Baca, questioned him and seized packages containing approximately 6.2 grams of heroin.
Later that same day, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero subsequently assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288 and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence as well as at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
If the plea agreements are accepted by the court: Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months; Ricco Romero will be sentenced to a 120-month prison term; Carabajal will be sentenced to not more than 30 months in prison; Wilma Romero will be sentenced to not more than 24 months in prison; and Melissa Romero will be sentenced to a term of probation. Pursuant to their plea agreements, the defendants have agreed to forfeit $431,870 in heroin proceeds and firearms to the United States.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez 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.
Man Sentenced to Life in Prison for Heroin Dealing and Overdose DeathRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on February 6, 2017, Donald S. Harden (age: 47) of Fort Atkinson, Wisconsin, was sentenced by Chief U.S. District Judge William C. Griesbach to spend the remainder of his natural life in a federal prison. Under federal law, the jury’s findings combined with his prior record of drug dealing required that Harden receive a life sentence.
Harden was found guilty following a November 2016 jury trial in federal court in Green Bay, Wisconsin, of conspiracy to distribute and possess with the intent to distribute heroin in violation of Title 21 United States Code, Sections 846 and 841(b)(1)(B). The jury also found beyond a reasonable doubt that the conspiracy involved 100 grams or more of heroin and that the heroin distributed by Harden resulted in the overdose death of Neenah, Wisconsin, resident Frederick J. Schnettler (age: 24) in September 2014.
The evidence at trial revealed that Harden purchased kilograms of heroin in Chicago, Illinois, and used a “stash house” in Watertown, Wisconsin, repackaged the heroin for distribution in the Fox Valley area and elsewhere. Throughout the late spring and summer of 2014, Harden delivered heroin to mid-level distributors in the Fox Valley; those distributors in-turn would deal smaller amounts to numerous heroin users throughout the area.
On September 4, 2014, Harden arranged a meeting with one of his Fox Valley distributors at a retail parking lot in Waupun, Wisconsin. At that meeting, Harden gave 11 grams of heroin to one of his co-conspirators warning her “be careful with this stuff, it’s got bodies on it.” That heroin was later used by Schnettler, resulting in his death from “acute heroin toxicity” according to the Medical Examiner. A second Neenah resident, Cory Dedering (age: 38) also suffered a fatal overdose from heroin linked to Harden. His body was discovered by Winnebago County Sheriff’s investigators days later. A third individual, a witness at the trial, suffered a non-fatal heroin overdose from that same batch of heroin.
In pronouncing sentence, Chief Judge Griesbach noted the serious nature of Harden’s offense and the continued danger that heroin presents to Northeast Wisconsin communities. Further, he noted that Harden, unlike others, was not a heroin user, but rather sought to profit from trafficking in the highly addictive narcotic. The court recited his lengthy record of drug offenses in both Iowa and Wisconsin. Finally, Griesbach advised the defendant that he “had no one to blame but himself for his situation.”
The case was investigated by the Winnebago County Sheriff’s Office, Lake Winnebago Area Metropolitan Enforcement Group - Drug Unit, the City of Appleton Police Department, the Jefferson and Dodge County Drug Task Forces, the Oshkosh Police Department, the Fond du Lac County Medical Examiner’s Office, and the Wisconsin State Crime Laboratory. It was prosecuted by Assistant United States Attorneys Daniel R. Humble and Andrew J. Maier.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Man Sentenced to Five Years in Prison for Trafficking Firearms to GuyanaRead the Press Release
ATLANTA - Jermine T. Prosper was sentenced to five years in prison for smuggling and trafficking approximately 50 firearms to Guyana during a two-year period. Prosper legally purchased the firearms in the Atlanta area with the intention of smuggling the guns to Guyana and later selling them there.
“Prosper smuggled the firearms he purchased in Atlanta to his home country of Guyana, knowing that those weapons would be sold on the streets,” said U. S. Attorney John Horn. “His greed mattered more than the danger these firearms posed to the citizens of Guyana. This successful prosecution reflects federal law enforcement’s dedication to combating illegal firearms smuggling, whether here or abroad.”
“Criminals must understand that there are serious repercussions for illegal trafficking of firearms. ATF and our law enforcement partners will contribute all necessary time and effort to ensure that these criminals are brought to justice,” said Special Agent in Charge Wayne Dixie.
“Identifying and stopping the Illegal exportation of weapons is one of HSI's highest priorities to stem the flow of violence by criminal networks,” said ICE Homeland Security Investigations Atlanta Special Agent in Charge Nick S. Annan. “This case illustrates the excellent collaborative partnership between HSI and ATF working together to achieve a common goal.”
According to U.S. Attorney Horn, the charges and other information presented in court: Between October 2013 and November 2015, Prosper, a lawful permanent U.S. resident, purchased over 50 firearms from two local federal firearms licensees, including 34 nine millimeter pistols, eight .380 caliber pistols and six .25 caliber pistols. Prosper subsequently hid the firearms in shipping barrels and then smuggled them to Guyana where an unknown associate sold them on the streets.
In early 2016, Prosper sold multiple firearms to a fellow Guyanese national who intended to ship them to Guyana. Because Prosper had successfully smuggled firearms from the United States, he offered to smuggle the firearms to Guyana on that person’s behalf. During their final transaction in April 2016, Prosper sold four additional firearms to this Guyanese national. Prior to delivering the firearms, Prosper obliterated the serial numbers on the weapons so they would not be traced back to him.
Jermine T. Prosper, 39, of Conyers, Georgia, was sentenced to five years in prison, to be followed by three years of supervised release. Prosper was convicted for violating Title 18, United States Code, §§ 922(a)(1)(A) and 923(a); and for violating Title 18, United States Code, § 924 (a)(1)(A) on February 2, 2017, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorneys Tracia M. King and Phyllis Clerk prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Kentucky Man Sentenced to Prison for Engaging in a Child Exploitation EnterpriseRead the Press Release
A member of a highly sophisticated, global child exploitation enterprise dedicated to the sexual exploitation of children was sentenced to prison today.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina; Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division; Special Agent in Charge Amy Hess of the FBI’s Louisville, Kentucky, Division made the announcement.
David Lynn Browning, 47, of Wooton, Kentucky, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with a lifetime term of supervised release. U.S. District Judge Richard L. Voorhees of the Western District of North Carolina imposed the sentence. Browning pleaded guilty on Dec. 18, 2015, and has remained in the custody of the U.S. Marshals Service since his arrest on July 29, 2015.
According to admissions made in connection with the plea, Browning acted as the global moderator of a highly-sophisticated global enterprise dedicated to the sexual exploitation of children, organized via a members-only website that operated on the Tor anonymity network, through which he and more than 150,000 other members authored and viewed tens of thousands of postings relating to sexual abuse of children as young as infants and toddlers. According to admissions, Browning was heavily involved in the day-to-day operations of the website – including managing membership, developing and enforcing strict rules and deleting website content that did not depict or discuss child pornography. Browning also admitted to spending hundreds of hours logged in to the website – authoring more than 1,000 postings, and designing the website logo. In addition, Browning admitted that website members employed advanced technological means in order to undermine law enforcement’s attempts to identify them, including the use of a hidden service on the Tor anonymity network and elaborate file encryption.
On Sept. 16, 2016, a federal jury convicted co-defendant and lead administrator of the site, Steven W. Chase, 57, of Naples, Florida, of engaging in a child exploitation enterprise and related charges. A sentencing date for Chase has not yet been set. On Jan. 12, 2017, co-defendant and co-administrator of the site, Michael Fluckiger, 46, of Portland, Indiana, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with lifetime supervised release.
As a result of the ongoing investigation, at least 51 alleged hands-on abusers have been prosecuted and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
The FBI’s Violent Crimes Against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center investigated the case with assistance from the FBI’s Charlotte, Louisville, Tampa and Boston, Field Offices. Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Cortney Randall of the Western District of North Carolina prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Kentucky Man Sentenced to Prison for Engaging in A Child Exploitation EnterpriseRead the Press Release
CHARLOTTE, N.C. – A member of a highly sophisticated, global child exploitation enterprise dedicated to the sexual exploitation of children was sentenced to prison today.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina; Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division; Special Agent in Charge Amy Hess of the FBI’s Louisville, Kentucky, Division made the announcement.
David Lynn Browning, 47, of Wooton, Kentucky, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with a lifetime term of supervised release. U.S. District Judge Richard L. Voorhees of the Western District of North Carolina imposed the sentence. Browning pleaded guilty on Dec. 18, 2015, and has remained in the custody of the U.S. Marshals Service since his arrest on July 29, 2015.
According to admissions made in connection with the plea, Browning acted as the global moderator of a highly-sophisticated global enterprise dedicated to the sexual exploitation of children, organized via a members-only website that operated on the Tor anonymity network, through which he and more than 150,000 other members authored and viewed tens of thousands of postings relating to sexual abuse of children as young as infants and toddlers. According to admissions, Browning was heavily involved in the day-to-day operations of the website – including managing membership, developing and enforcing strict rules and deleting website content that did not depict or discuss child pornography. Browning also admitted to spending hundreds of hours logged in to the website – authoring more than 1,000 postings, and designing the website logo. In addition, Browning admitted that website members employed advanced technological means in order to undermine law enforcement’s attempts to identify them, including the use of a hidden service on the Tor anonymity network and elaborate file encryption.
On Sept. 16, 2016, a federal jury convicted co-defendant and lead administrator of the site, Steven W. Chase, 57, of Naples, Florida, of engaging in a child exploitation enterprise and related charges. A sentencing date for Chase has not yet been set. On Jan. 12, 2017, co-defendant and co-administrator of the site, Michael Fluckiger, 46, of Portland, Indiana, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with lifetime supervised release.
As a result of the ongoing investigation, at least 51 alleged hands-on abusers have been prosecuted and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
The FBI’s Violent Crimes Against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center investigated the case with assistance from the FBI’s Charlotte, Louisville, Tampa and Boston, Field Offices. Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Cortney Randall of the Western District of North Carolina prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jicarilla Apache Man Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Rode Lyle Enjady, 38, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Enjady will be sentenced to 36 months in prison followed by a term of supervised release to be determined by the court.
Enjady was arrested in Oct. 2016, on an indictment charging him with assault with a dangerous weapon, a knife, with intent to do bodily harm, assault with a dangerous weapon, a metal weight, with intent to do bodily harm, assault resulting in serious bodily injury, and assault of an intimate partner by strangling or suffocating. According to the indictment, Enjady committed the crimes between Feb. 11, 2016 and Feb. 17, 2016, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
During today’s proceedings, Enjady pled guilty to Count 3 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Enjady admitted that between Feb. 11, 2016 and Feb. 17, 2016, he physically abused his intimate partner, a Jicarilla Apache woman, the victim by physically assaulting her. Enjady also admitted that he caused the victim to lose a tooth, suffer from bruising to the face, head, abdomen, back, pubic region, and legs as well as suffer from stab wounds to her legs. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Jackson County Man Sentenced for Methamphetamine OffenseRead the Press Release
On February 7, 2017, Lucas L. Holland, 31, of Desoto, was sentenced to federal prison for a methamphetamine violation, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today.
Holland, who had previously pled guilty to a second superseding indictment charging him with conspiracy to manufacture and distribute methamphetamine, was sentenced to 188 months’ imprisonment, 3 years’ supervised release, and was fined $600.00. Evidence at the plea and sentencing hearings established that Holland was involved with numerous other persons in the manufacture of methamphetamine and the distribution of ice in Jackson and Perry Counties. Ice is methamphetamine which has a purity level of at least 80%. At sentencing, the district court found that Holland was responsible for the distribution of 1.68 kilograms of ice and the possession of 44.4 grams of pseudoephedrine. Two co-defendants were previously sentenced for their roles in the methamphetamine conspiracy. Three co-defendants have pled guilty and are awaiting sentencing in this case. One co-defendant has pled not guilty and is awaiting a February 27, 2017, jury trial.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office and the Murphysboro Police Department. The Union County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms, and Explosives, DuQuoin Police Department, Southern Illinois Enforcement Group, and Jackson County States Attorney’s Office also assisted in the investigation.
Inland Empire Man Sentenced to 41 Months in Federal Prison in Fraudulent Tax Refund Scheme that Cost IRS nearly $400,000Read the Press Release
LOS ANGELES – A San Bernardino County man who filed tax returns with the Internal Revenue Service that led to nearly $400,000 in fraudulent tax refunds being issued has been sentenced to 41 months in federal prison.
John Metters, 53, of Fontana, was sentenced yesterday by United States District Judge Otis D. Wright II. In addition to the prison term, Judge Wright ordered Metters to pay restitution of $391,070 to the IRS.
Metters pleaded guilty in September to one count of making false claims to the United States and one count of theft of government money.
“This defendant compounded his brazen tax fraud by attempting to obstruct the ensuing investigation, to no avail,” said United States Attorney Eileen M. Decker. “Today’s sentence reflects not only the size of the fraud, but also the defendant’s willingness to obstruct justice by discouraging witnesses from answering subpoenas to testify before the grand jury.”
According to documents filed with the court, between 2007 and 2011, Metters operated a tax fraud scheme in which he filed federal tax returns on behalf of individuals that contained false information designed to inflate the refund paid by the IRS. In addition to reporting legitimate income and tax information, Metters included wages that had never been paid to the taxpayer. Metters supported these fraudulent claims with bogus documents from companies that either did not exist or never paid the income.
In one instance, Metters filed a 2008 tax return that reported the actual income paid by employers, but Metters also included a fraudulent Form W-2 and a fraudulent Form 1099-R from a phony employer. As a result of the tax return that contained false information, the IRS paid out a refund of $16,071.
“Justice was served and Mr. Metters was held accountable for his criminal activity,” stated Anthony J. Orlando, Acting Special Agent in Charge of IRS Criminal Investigation. “Let this sentence serve as a warning to others contemplating the same type of scheme – IRS Criminal Investigation will continue to vigorously pursue those who unjustly enrich themselves by filing false income tax returns.”
This investigation was conducted by IRS Criminal Investigation. The case was prosecuted by Assistant United States Attorneys Alexander Schwab and Sandhya Ramadas of the Organized Crime Drug Enforcement Task Force.
Idaho Man Pleads Guilty to Federal Hate CrimeRead the Press Release
Admits Assault Based on Victim’s Sexual Orientation
A Nampa, Idaho man pleaded guilty today in U.S. District Court to violently assaulting Steven Nelson because he was gay, resulting in Mr. Nelson’s death, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Wendy J. Olson for the District of Idaho.
Kelly Schneider, 23, was indicted by a federal grand jury on Jan. 10, with one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.
“Kelly Schneider assaulted and killed a man because of the man’s sexual orientation,” said Acting Assistant Attorney General Wheeler. “This is a federal crime, and the Department of Justice will continue to work with our federal and state law enforcement partners to enforce our federal hate crimes laws.”
“Steven Nelson was assaulted and later died because he was gay,” said U.S. Attorney Olson. “This is precisely the kind of bias motivated violence that the Shepard-Byrd Act was passed to address. The federal prosecution in this case makes clear that this office, the Civil Rights Division and its law enforcement partners will pursue justice when a person is violently attacked based on who he loves and how he loves.”
According to the plea agreement, on the evening of April 27, 2016, Schneider posted a solicitation for sex on backpage.com, an Internet website, including in the solicitation a shirtless photo of himself. Mr. Nelson responded to that posting, and Schneider met with him the next evening. Schneider took Mr. Nelson’s money without engaging in any sexual act with Mr. Nelson. Before the encounter, Schneider told his friends that he was not gay and would not let anyone who was gay touch him.
In the early morning hours of April 29, Schneider resumed communication with Mr. Nelson. Schneider then conspired with other individuals to again rob Mr. Nelson. According to the plan, Schneider was to meet up with Mr. Nelson in a parking lot and ask Mr. Nelson to drive to an isolated wildlife area near Lake Lowell for a sexual encounter. Once there, Schneider would rob Mr. Nelson, and two of Schneider’s cohorts would be waiting as “back up” to assist him if Mr. Nelson resisted the robbery.
When Schneider and Mr. Nelson reached the isolated wildlife area, Schneider immediately began physically assaulting Mr. Nelson, kicking him 20 to 30 times with steel-toed boots and repeatedly using a homophobic slur. Mr. Nelson, who never resisted throughout the attack, died of his injuries later that day. No one else participated in the assault.
Sentencing is set for April 26, in front of Chief U.S. District Court Judge B. Lynn Winmill. The charge of willful assault based on sexual orientation, resulting in death, is punishable by up to life in prison, supervised release of not more than five years, and a $250,000 fine.
Schneider also pleaded guilty on Jan. 23, in state court to first-degree murder based on Mr. Nelson’s death.
The Canyon County Sheriff’s Office, with assistance from the Treasure Valley Metro Violent Crime Task Force, conducted the investigation. The case is being investigated federally by the FBI. The federal case is being prosecuted by U.S. Attorney Olson of the District of Idaho and Trial Attorney Aejean Cha of the Civil Rights Division.
Huntsville Pill Mill Doctor Sentenced to 15 Years in Prison for Illegal Prescribing and Health Care FraudRead the Press Release
BIRMINGHAM – A federal judge today sentenced a former Huntsville physician, who was the nation’s highest Medicare prescriber of opioid painkillers at the height of his practice, to 15 years in prison for illegally prescribing controlled substances and conducting health care fraud involving $9.5 million in unneeded and unused urine tests, announced Acting U.S. Attorney Robert Posey and FBI Special Agent in Charge Roger C. Stanton.
U.S. District Judge R. David Proctor sentenced SHELINDER AGGARWAL, 48, of Huntsville, in accordance with a binding plea agreement the physician entered with the government in September, ordering the 15-year sentence recommended by the government and directing Aggarwal to forfeit $6.7 million and his former clinic on Turner Street Southwest in Huntsville. The judge also ordered Aggarwal to pay $6.7 million in restitution to Medicare and Blue Cross Blue Shield of Alabama. Aggarwal must report to prison April 12. He will be on supervised release for three years after completing his prison sentence.
Aggarwal pleaded guilty in October to one count of distributing a controlled substance outside the scope of professional practice and not for a legitimate medical purpose in July 2012, and to one count of conspiring to execute a health care fraud scheme against Medicare and BCBS of Alabama between Jan. 1, 2011, and March 31, 2013. Aggarwal earlier repaid $2.8 million to Medicare and $45,843 to BCBS of Alabama following audits.
“Dr. Aggarwal used his medical license to generate tremendous profits by putting hundreds of thousands of pills on the street illegally,” Posey said. “As today’s sentence reflects, we are committed to prosecuting health care fraud and will seek severe penalties against any doctors who knowingly and illegally contribute to the growing epidemic of opioid drug abuse.”
“This defendant directly contributed to the opioid epidemic that is plaguing our nation,” Stanton said. “He also cost taxpayers millions of dollars by fraudulently claiming government reimbursement for thousands of lab tests that he never used to treat patients. I applaud the work of my agents and our partners to shut down Aggarwal’s pill mill and hold him accountable for his actions.”
Aggarwal surrendered his Alabama medical license in 2013, along with his Alabama and federal Drug Enforcement Administration certificates to prescribe controlled substances, after the Alabama Board of Medical Examiners initiated an investigation.
Aggarwal was a pain management doctor who operated a pill mill, Chronic Pain Care Services, in Huntsville. In 2012, about 80 to 145 patients a day visited Aggarwal’s clinic, with him seeing the majority of patients and writing all prescriptions. According to court documents, initial patient visits typically lasted five minutes or less, and follow-ups two minutes or less. Aggarwal did not obtain prior medical records for his patients, did not treat patients with anything other than controlled substances, often asked patients what medications they wanted and filled their requests, prescribed controlled substances to patients who he knew were using illegal drugs, and did not take appropriate measures to ensure that patients did not divert or abuse controlled substances. His plea agreement summarizes an interaction with a patient, which was captured on video. In it, Aggarwal notes that the DEA viewed him as the “biggest pill-pusher in North Alabama” and that many of his patients were “dropping like flies, they are all dying.”
Court documents cite the Prescription Drug Monitoring Program for Alabama, which tracks the dispensing of controlled substances, as well as Medicare data, to document Aggarwal’s prescribing practices.
According to the PDMP, Alabama pharmacies filled about 110,013 of Aggarwal’s prescriptions for controlled substances in 2012. That would equal about 423 prescriptions per day if he worked five days a week, and resulted in about 12.3 million pills. The PDMP rated Aggarwal as the highest prescriber of controlled substances filled in Alabama in 2012, with the next highest prescriber writing a third as many prescriptions.
Medicare data shows Aggarwal was the highest prescriber in the United States of Schedule II controlled substances under Medicare in 2012. Schedule II substances include the opioid painkillers oxycodone, oxymorphone, hydromorphone and morphine.
As to Aggarwal’s health care fraud scheme, he pleaded guilty to requiring patients to undergo unreasonable and unnecessary urine drug tests that he did not need or use in their treatment. Aggarwal acknowledged that the tests he ran depended not on patients’ treatment, but on how much he could bill for tests. He often ignored urine test results showing patients were using illegal drugs.
Between January 2011 and March 2013, urine drug tests accounted for about 80 percent of paid claims Aggarwal submitted to Medicare and Blue Cross, for a total reimbursement of $9.5 million. According to his plea agreement, “Aggarwal’s primary motivation for testing patients’ urine specimens, and submitting those claims for payment, was financial gain.”
The FBI investigated the case, based partly on an investigation conducted by the ABME. Assistant U.S. Attorneys Chinelo Dike-Minor and Russell Penfield prosecuted the case.
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Howell School Teacher Sentenced to Seven Years for Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN — Duane William Millar, age 60, of East Lansing, Michigan, was sentenced today to seven years in federal prison, announced Acting U.S. Attorney Andrew Birge. Millar, a former teacher with the Howell Public School District, pleaded guilty to receipt of child pornography last year.
In announcing the sentence, Chief U.S. District Judge Robert J. Jonker commented on Millar’s large collection of 40,000 images of child pornography, which dated back to 2004 and included depictions of sadomasochistic conduct. Judge Jonker expressed his concern that Millar exploited his position of trust with his students. Following his term of incarceration, Millar will serve seven years on supervised release and was ordered to contribute $5,000 to the Justice for Victims of Trafficking Act Fund. The Fund provides financial support for victims of child pornography, sex trafficking, and child sexual abuse. He must also register as a sexual offender.
Acting U.S. Attorney Birge noted that "a case that involves a teacher with an interest in child pornography is exceptionally troubling, because teachers have access to children and are in a special position of the trust with students, parents, and the public." At sentencing, the U.S. Attorney’s Office emphasized that while the investigation revealed no evidence of inappropriate sexual contact with his students, investigators were nonetheless concerned by the fact the otherwise innocuous images of his students had been digitally manipulated to include sexual imagery. "Every time a sexually explicit image of a minor is produced, transmitted, or viewed, a child is re-victimized," said Steve Francis, acting special agent in charge of HSI Detroit. "The fact that this defendant was in a position of trust is particularly disturbing and heightens our resolve to hold predators accountable."
This case is the result of an investigation by the Michigan State Police Internet Crimes Against Children Task Force (MSP ICAC), working in conjunction with HSI. The Ingham County Prosecutor’s Office initiated Millar’s prosecution and then referred the case for federal prosecution. The case was prosecuted by Assistant U.S. Attorney Alexis M. Sanford.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office; county prosecutor’s offices; and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Individuals with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, visit: http://www.justice.gov/usao/miw/programs/psc.html.
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Harrison County woman indicted for fentanyl distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Lost Creek, West Virginia woman has been indicted for allegedly distributing fentanyl, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Taylor Michelle Syslo, age 24, was indicted today by a federal grand jury sitting in Wheeling for one count of “Distribution of Fentanyl.” The crime is alleged to have occurred in September 2016 in Marion County.
Syslo faces up to life in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins and Assistant U.S Attorney Traci M. Cook are prosecuting the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Harrison County man indicted on possession of a firearm chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia man has been indicted for allegedly possessing a firearm after two domestic violence convictions, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Jesse Alan Clevenger, age 32, was charged today by a federal grand jury sitting in Wheeling for allegedly possessing a .30 caliber rifle illegally. Clevenger had previously been convicted on two separate charges of domestic battery in the Harrison County Magistrate Court. The crime is alleged to have occurred on June 28, 2016.
Clevenger faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Greater Harrison Drug & Violent Crime Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Fort Smith Man Sentened to 63 Months in Federal Prison for Firearms ViolationRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Michael Butler, age 37 of Fort Smith, was sentenced today to 63 months in federal prison and three years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, on April 27, 2016, parole officers were conducting a compliance check in Sebastian County when they encountered Michael Butler as he was exiting a truck. Upon observing the officers, Michael Butler reached for the back of his waistband. Officers ordered him to the ground and retrieved a loaded .22 caliber revolver from his waistband. Michael Butler was arrested and taken into custody and confessed to possessing the firearm. Because he had at least one prior felony conviction at the time of his arrest, he was prohibited from possessing firearms. Michael Butler was named in a federal indictment in May, 2016 and pleaded guilty to the charge in June, 2016.
This is another case prosecuted as a part of the Department of Justice’s Project Safe Neighborhoods Initiative, which is aimed at reducing gun and gang violence, deterring illegal possession of firearms and improving the safety of residents in the Western District of Arkansas. Participants in the initiative include federal, state and local law enforcement agencies.
This case was investigated by Arkansas State Probation and Parole, Fort Smith Police Department and Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Former UND Police Officer Sentenced to Ten Years on Child Pornography ChargesRead the Press Release
FARGO - US Attorney Christopher C. Myers announced that on February 6, 2017, Paul Bradley Meagher, 43, Grand Forks, ND, was sentenced before US District Judge Ralph R. Erickson to serve 10 years in prison. Judge Erickson also ordered Meagher to serve 10 years’ supervised release, pay a $300 special assessment to the Crime Victims’ Fund, and pay restitution of $16,000.
US Attorney Myers noted: "The protection of children is a priority for all law enforcement in North Dakota and no matter who you are, if you choose to harm a child the response will be swift and sure."
"It’s disturbing when someone seeks to harm a child – even more so when that person is in a position of public trust and abandons their sworn duty," said Special Agent in Charge Alex Khu of HSI St. Paul. "The sentencing of this former police officer proves that HSI and our law enforcement partners will actively pursue anyone engaged in harming our community’s most vulnerable members."
In the fall of 2015, law enforcement was made aware of an IP address located in Grand Forks, ND, that had made multiple requests utilizing a sophisticated network of computers to anonymize its internet protocol (IP) address while trading child pornography. Shortly thereafter law enforcement learned that the suspect was employed at the University of North Dakota Police Department. On November 3, 2015, agents from the North Dakota Internet Crimes against Children (ICAC) Task Force executed a search warrant of Meagher’s residence, where multiple items were seized, including various media devices containing more than 50,000 images and videos.
This case was investigated by the Department of Homeland Security – Homeland Security Investigations and the North Dakota Bureau of Criminal Investigation.
Assistant US Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Tennessee Commerce Bank Executive Charged with Deceiving Federal RegulatorsRead the Press Release
Lamar Cox, 73, of Franklin, Tenn., former Chief Operating Officer and Board of Directors member of now defunct Tennessee Commerce Bank (TCB), was charged yesterday by felony Information for causing the bank to make a false statement to the Federal Deposit Insurance Corporation, announced Jack Smith, Acting U.S. Attorney for the administration of this case. TCB was closed by federal regulators on January 27, 2012, due to its failing financial condition.
According to the Information, Cox devised a scheme to deceive the FDIC by delaying reporting of the full amount of a $710,000 loss by TCB on the bundled sale of $4,000,000 in foreclosed properties. Cox sought to delay reporting the full amount of the loss so that TCB’s books would look better to federal bank examiners, who were scheduled to soon examine TCB. In order to accomplish the deception, Cox created a pre-planned and fraudulent “posting error,” causing TCB to only report $270,000 of the $710,000 loss from its sale of the foreclosed properties in the third quarter of 2009. Cox’s actions caused TCB to understate its net loss by $440,000 reported in the Call Report filed with the FDIC for the third quarter of 2009, thus concealing the true financial condition of TCB from shareholders, examiners and the public.
Cox faces up to 30 years in prison, a criminal fine of up to $1,000,000, and restitution to be determined by the Court. His sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
An Information is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case was investigated by the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP); the FDIC Office of Inspector General-Office of Investigations; and the FBI. The United States is represented by Assistant U.S. Attorney Thomas J. Jaworski.
Former Supervisor at the Laguna Pueblo Superette Pleads Guilty to Federal Embezzlement ChargeRead the Press Release
ALBUQUERQUE – The former supervisor at the Laguna Pueblo Superette, pled guilty today in federal court in Albuquerque, N.M., to embezzling funds from the Pueblo of Laguna.
Marshall J. Cheromiah, 32, of Mesita, N.M., was charged in an indictment filed on Nov. 5, 2015, with embezzling approximately $48,953.47 from the Pueblo of Laguna. According to the indictment, Cheromiah was working as an employee or agent of an Indian Tribal Organization when he committed the crime between July 2013 and Oct. 2014, in Cibola County, N.M.
During today’s proceedings, Cheromiah pled guilty to the indictment and admitted that from July 2013 through Oct. 2014, he was employed as a supervisor at the Laguna Pueblo Superette, which is owned by the Laguna Development Corporation and the Pueblo of Laguna. Cheromiah further admitted that while working at the Laguna Pueblo Superette, he embezzled approximately $48,953.47 of money and funds belonging to the Pueblo of Laguna.
Cheromiah’s plea agreement states that Cheromiah was responsible for supervising the operation of the ATM machine and ordering cash deliveries from the Bank of Albuquerque for stocking the ATM with cash. In the plea agreement, Cheromiah admitted that, when the Bank delivered cash for the ATM, he would skim or siphon approximately $10,000 or $20,000 for himself, which he used for gambling, paying off loans for friends, and a pleasure trip to Las Vegas, Nevada.
At sentencing, Cheromiah faces a maximum penalty of five years in federal prison. Cheromiah will also be required to pay approximately $21,758 in restitution. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Laguna Police Department. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Former Sarasota Woman Sentenced to Federal Prison for Fraudulently Obtaining Legal Status for AlienRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Margaret Mary Epps, a/k/a Margaret Monroy (39, Los Angeles, California), to seven months in federal prison for immigration fraud. She pleaded guilty on November 7, 2016.
According to court documents, in September 2013, Epps, who was already married, entered into a second marriage with a Mexican citizen. She then fraudulently petitioned for the alien to enter the United States as her husband, while she was still living with her real husband in Sarasota. Between October 2013 and June 2014, Epps made multiple false statements to the U.S. Citizenship and Immigration Services (“USCIS”) and created false and fraudulent documents in order to convince the USCIS to permit the alien to lawfully enter the United States. In documents filed with the USCIS, Epps falsely stated that she had no prior spouse, that she had no prior dependent children, and that she was employed at a Sarasota elementary school. In fact, Epps was married, had two minor children, and had never been employed at the school.
In connection with her petitions to USCIS, Epps submitted multiple false documents, including a fraudulent Form 1040 U.S. Individual Income Tax Return and a W-2 form purporting to reflect more than $40,000 in income from the elementary school in 2013; a fraudulent earnings statements purporting to show income from the elementary school in 2014; a fraudulent notarized letter purporting to be from Epps’s mother affirming the marriage to the alien in which Epps had forged her mother’s signature and the notary seal; and a fraudulent birth certificate.
Based on Epps’s false representations, the alien was issued a lawful permanent resident card in January, 2015.
"This crime undermines our nation’s legitimate immigration system and creates a security vulnerability,” said Susan L. McCormick, special agent in charge of Tampa. “This criminal was looking for an illegal shortcut to obtain the benefits of U.S. citizenship. HSI special agents will continue to aggressively investigate this type of criminal activity.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Former Office Worker Sentenced to 30 Months in Prison for Stealing Nearly $290,000 from Three Different EmployersRead the Press Release
WASHINGTON – Tinita Joyner, 52, of Rockville, Md., was sentenced today to 30 months in prison for embezzling nearly $290,000 from three companies where she worked as an office manager or as an executive assistant, announced U.S. Attorney Channing D. Phillips and Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office.
Joyner pled guilty in November 2016, in the U.S. District Court for the District of Columbia, to wire fraud. She was sentenced by the Honorable James E. Boasberg. Upon completion of her prison term, she will be placed on three years of supervised release. Judge Boasberg also ordered Joyner to pay a total of $289,640 in restitution.
According to the government’s evidence, Joyner stole the money from September 2012 through September of 2015, while working a succession of three jobs in which she had access to her employer’s financial information and accounts. The companies, which are not identified by name in court documents, did not authorize Joyner to make credit card purchases outside of her responsibilities of paying office related expenses and bank transfers and withdrawals that she then used for the benefit of herself and others.” The losses took place as follows:
“Company A” – Joyner was hired as an office manager in July 2012 for this consulting firm, which assisted organizations that wanted to establish and elevate their presence with emerging economies across the globe. In September of 2012, she became director of internal affairs and was in charge of the company’s day-to-day operations. According to the government’s evidence, from September 2012 through February 2014, Joyner fraudulently obtained $187,682 through unauthorized purchases on corporate credit cards and unauthorized bank transfers. Meanwhile, as the company fell behind on rental payments and payments for employee health insurance, Joyner forged documents to secure a loan for the firm. Finally, in February of 2014, the company’s chief executive officer learned that Joyner had forged his name, giving her unlimited access to the company’s account, and that she had made unauthorized withdrawals. Soon after that, he told Joyner that her services would no longer be needed. At the time of her departure, the company owed $31,120 on the bank loan that she had taken out.
Total loss caused by these activities: $218,802.
“Company B” – In April 2014, Joyner began employment at a temporary agency and was assigned to work as an executive assistant to the president of this non-profit that is focused on empowering students to become leaders in the community. In September of 2014, she was hired as a permanent employee. From August until December 2014, according to the government’s evidence, Joyner made $6,964 in unauthorized purchases on the company’s credit card. She also used the personal information of the president to fraudulently obtain two additional credit cards. From September 2014 through February 2015, she made $23,753 in unauthorized purchases on these cards. She also made two unauthorized electronic transfers to the cards from the company’s account, totaling $10,523. She was terminated in December 2014.
Total loss caused by these activities: $41,240.
“Company C” – In February 2015, Joyner was hired as the executive assistant to this management consulting company, which primarily worked with the federal government on civilian programs. From March 2015 through September 2015, according to the government’s evidence, she made $20,638 in unauthorized charges to the company’s credit card, using the money to pay a relative’s tuition at a private high school and for various personal expenses. In addition, she created six fraudulent vouchers that cost the company an additional $8,960.
Total loss caused by these activities: $29,598
In announcing the sentence, U.S. Attorney Phillips and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section, Paralegal Specialists Kaitlyn Krueger, Jessica Mundi and Christopher Toms, and Assistant U.S. Attorney Adrienne Dedjinou and former Assistant U.S. Attorney Teresa A. Howie, who investigated and prosecuted the matter.
Former Business Manager Sentenced to Prison for Stealing More than $1.7 Million from Labor Union, Unlawful Labor Payments, Fraud and Money LaunderingRead the Press Release
A former business manager of the Local 657 of the Laborers International Union of North America (LIUNA) was sentenced today to 48 months in prison for stealing more than $1.7 million from Local 657.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office, Special Agent in Charge Robin Blake of the Department of Labor Office of Inspector General Washington, D.C., Regional Office and District Director Mark Wheeler of the Department of Labor’s Office of Labor-Management Standards Washington, D.C., District Office made the announcement.
Anthony Wendel Frederick Sr., 50, of Upper Marlboro, Maryland, was sentenced today by U.S. District Judge Amit P. Mehta of the District of Columbia, who also ordered Frederick to pay $1,632,000 in restitution to Local 657 and to forfeit $1,734,000 of criminally-derived proceeds.
LIUNA’s Local 657, now merged into LIUNA Local 11, is a labor organization that represents construction laborers in Washington, D.C., and five adjacent counties. Frederick served as the business manager for Local 657 for approximately 10 years until June 2014.
According to Frederick’s plea and co-conspirator’s trial evidence, from approximately May 2013 through June 2014, Frederick directed more than $1.7 million in Local 657 funds to STS General Contracting of Greenbelt, Maryland, without the knowledge or authorization of the Local 657 Executive Board or LIUNA International officials. Frederick also admitted that principals of STS General Contracting made a number of financial payments to Frederick with the funds stolen from Local 657, including a down payment of $225,000 on a home Frederick purchased and directed more than $600,000 to a corporation owned in part by Frederick’s wife.
The FBI and the Department of Labor investigated the case. Trial Attorneys Vincent J. Falvo and David Karpel of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
Felon from Farmington Pleads Guilty to Firearms Charge and Misrepresenting Himself as Recipient of Military HonorsRead the Press Release
ALBUQUERQUE – Anthony Lee Gambino, 44, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws and making false representations about having received military medals and decorations.
According to court filings, Gambino was the owner and operator of Gambino Security Safety Corp., a security company based in Aztec, N.M. Investigation revealed that Gambino was producing commercial videos and photos for his company advertising different types of tactical and firearms training which depicted Gambino armed with a rifle, holstered side arms and hand guns. Gambino also represented to a prospective vendor of his commercial tactical services that he was a combat veteran who had earned medals and ribbons including the Purple Heart. Court filings indicate that Gambino fraudulently enlisted in the U.S. Marine Corps which resulted in a discharge from the military, and that there were no records indicating that Gambino was awarded the Purple Heart or the Marine Corps Combat Action Ribbon.
Gambino was arrested in May 2016, on a criminal complaint charging him with being a felon in possession of firearms and making false representations about receiving military medals and decorations. Gambino was subsequently indicted on the same charges on May 25, 2016. According to the indictment, Gambino was prohibited from possessing firearms or ammunition because he previously had been convicted on charges of commercial burglary, failure to appear, and menacing involving a deadly weapon. According to the indictment, Gambino committed the crimes on May 12, 2016, in San Juan County, N.M.
During today’s proceedings, Gambino pled guilty to the indictment and admitted that on May 12, 2016, he was in possession of six firearms and multiple rounds of ammunition despite his status as a convicted felon prohibited from possessing firearms or ammunition. Gambino further admitted that he fraudulently held himself out to be a recipient of a Purple Heart and a Combat Action Ribbon with intent to obtain money, property or other tangible benefit. At sentencing, Gambino faces a maximum penalty of ten years in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the San Juan County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Felon Convicted of Assaulting A Federal Officer with A Dangerous and Deadly WeaponRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Abasi Akeem Smith (30, Orlando) guilty of assaulting a federal officer with a dangerous or deadly weapon. Smith, who was on federal supervised release at the time and whose criminal history includes multiple drug-trafficking convictions, faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for April 25, 2017. Smith was indicted on September 21, 2016.
According to testimony and evidence presented at trial, on March 30, 2016, task force officers with the U.S. Marshals Service Florida/Caribbean Regional Fugitive Task Force were seeking to apprehend Smith pursuant to a felony arrest warrant, and they located Smith while he was driving a vehicle. When the officers attempted to block Smith into a parking lot to arrest him, Smith rammed one of the vehicles that an officer was driving, then attempted to escape before hitting a fence and an unoccupied vehicle. Smith subsequently jumped over the fence and fled on foot, but the officers were able to apprehend him.
This case was investigated by U.S. Marshals Service, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.