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7 February 2017
Federal Probation, BMV Launch New ID Exchange ProgramRead the Press Release
COLUMBUS, Ohio – The U.S. Probation Office for the Southern District of Ohio and the Ohio Department of Public Safety, Bureau of Motor Vehicles have created a supervision ID card for inmates leaving federal prison. The ID serves as a legitimate form of identification to obtain a state of Ohio ID or driver’s license.
The Department of Justice urged districts nationwide to enhance the identification process as part of BOP reforms announced in November 2016, recognizing that possession of government-issued identification documents is critical to successful reentry. Without such documentation, men and women leaving correctional facilities face significant challenges securing employment and housing, registering for school, opening bank accounts and accessing other benefits, such as health care, that are critical to successful integration.
The initiative in the Southern District of Ohio, which launched last month, allows recently released eligible offenders to obtain an Ohio ID card, learner’s permit, driver’s license or commercial driver’s license. Eligible offenders include those who have been released from the U.S. Bureau of Prisons system, are citizens or legal residents of the United States and who reside in Ohio.
The Probation Office will provide the offender with a U.S. Offender Release Card, which contains the individual’s photograph, legal name, date of birth, social security number and an expiration date. That Card can then be exchanged for the official state ID at the BMV.
“I commend Chief U.S. Probation Officer John Dierna and his team for bringing to fruition a practical and tangible solution for inmates leaving our federal facilities and returning to the Southern District of Ohio,” U.S. Attorney Glassman said. “Obtaining an ID seems simple enough, but for many of the men and women leaving federal prison, it can pose an enormous barrier to gaining employment and moving forward with productive and law-abiding lives. Removing this kind of barrier promotes public safety by improving the likelihood of successful reentry.”
Drug Traffickers Sentenced to Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Joseph Leroy Miles, Sr., age 63, of Westernport, Maryland, to nine years in prison, followed by five years of supervised release for conspiring to possess with intent to distribute crack cocaine.
Judge Chasanow sentenced co-conspirator Jovan Brian Lancaster, age 32, of Gaithersburg, Maryland, to eight years in prison, followed by three years of supervised release, for conspiracy to possess with intent to distribute heroin and cocaine. The sentencing hearings were held on February 6, 2017.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Hank Stawinski of the Prince George’s County Police Department; Acting Chief Bob Rappoport of the Rockville City Police Department; and Montgomery County State’s Attorney John McCarthy.
According to Miles’ plea agreement, from March to April 30, 2015, Miles conspired with others to distribute cocaine and crack. Miles purchased the cocaine from George Earl Gee and others in Silver Spring to distribute to his customers in Westernport and the surrounding area. On March 1, 2015, law enforcement overheard Miles talking to Gee by phone to arrange to meet near Bel Pre Square in Silver Spring, Maryland to purchase crack and cocaine. Miles then met with the Gee and bought three and a half ounces of powder cocaine for $4,200. Miles redistributed the drugs to his customers in Westernport. At a second meeting on April 30, Miles bought 62 grams of crack for $2,400 and began to travel back from Silver Spring to Westernport with an associate to sell the drugs. Montgomery County Police officers stopped the vehicle and seized 62 grams of crack from the associate, to whom Miles had given the drugs to hide.
According to Lancaster’s plea, from February 2015 through April 29, 2015, Lancaster conspired with Gee, who supplied him with cocaine and heroin, which Lancaster then distributed to customers in and around Montgomery County. In February and March 2015, Lancaster and Gee discussed a drug debt that Lancaster owed Gee for a prior drug transaction. On February 7, 2015, Gee refused to sell Lancaster more drugs until he settled his debt. On March 12, 2015, one of Lancaster’s family members arranged to meet Gee and provided him with $3,800 to settle the debt. On March 26, 2016, Lancaster contacted Gee and arranged to purchase $750 worth of heroin (approximately 10 grams). Law enforcement overheard several other conversations in which Lancaster arranged to purchase heroin and/or cocaine from Gee.
All 15 defendants charged in this case, including Miles, Lancaster, and George Gee have pleaded guilty to their roles in the drug conspiracy. Twelve defendants have been sentenced to between eight months and 10 years in prison. The remaining defendants are awaiting sentencing.
United States Attorney Rod J. Rosenstein praised the FBI, the Montgomery County Police Department, Prince George’s County Police Department and Rockville Police Department for their work in the investigation. Mr. Rosenstein commended the Montgomery County State’s Attorney’s Office for its assistance, and thanked Assistant U.S. Attorneys Joseph R. Baldwin, Jennifer R. Sykes, and Daniel C. Gardner, who are prosecuting this this Organized Crime Drug Enforcement Task Force case.
Dr. Gary Marder and the United States Consent to a Final Judgement of over $18 Million to Settle False Claims Act AllegationsRead the Press Release
Gary L. Marder, D.O., a physician residing in Palm Beach County and the owner and operator of the Allergy, Dermatology & Skin Cancer Centers in Port St. Lucie and Okeechobee, and the United States of America have stipulated to a consent final judgment of over $18 million to settle False Claims Act allegations against Dr. Marder. Co-defendant, Robert I. Kendall, M.D., a physician practicing in Coral Gables, has also agreed to pay the United States $250,000 to settle allegations that he violated the False Claims Act.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Miami Region, and John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office, made the announcement.
The allegations arose from a qui tam lawsuit filed by whistleblower, Theodore A. Schiff, M.D., alleging that Dr. Marder knowingly submitted claims to federal healthcare programs for medically unnecessary biopsies and radiation therapy services, radiation therapy services performed in contravention of standard practice regarding the amount of time between radiation treatments, and radiation therapy services performed without direct supervision and by unlicensed and/or unqualified physician assistants. The lawsuit further alleged that Dr. Kendall submitted false claims to federal and state healthcare programs for laboratory services tainted by kickbacks to, and improper financial relationships with, Dr. Marder. The United States intervened in the Civil Action on October 14, 2014, and filed its Complaint in Intervention on November 19, 2014.
In September 2016, the Court granted summary judgment in favor of the United States with respect to several key issues in the case, finding that Dr. Marder knowingly submitted false claims to Medicare by requesting reimbursement for services that he never actually performed or directly supervised due to his frequent absence from his medical clinics (including expansive periods of foreign travel) on days corresponding to over fifty percent of the payments that Dr. Marder received from Medicare. The Court further found that all Dr. Marder’s claims for medical physicist services submitted to Medicare since 2011 were false, and that Dr. Marder had actual knowledge that a physicist did not perform the corresponding services. The Court made no determination of liability against Dr. Kendall in this matter.
“Today’s settlement demonstrates this Office’s ongoing commitment to hold accountable healthcare providers who receive reimbursements from government-sponsored healthcare programs for services that are never actually performed. This conduct results in significantly increased costs to the federal government and others,” said Wifredo A. Ferrer, United States Attorney for the Southern District of Florida.
“Doctors who are more concerned with boosting their profits at the expense of taxpayer-funded health care programs than they are with patient safety will be held accountable,” said Shimon R. Richmond, HHS-OIG Miami Special Agent in Charge. “Working with our law enforcement partners, we will continue to protect the integrity of federal health care programs and the patients served by those programs.”
"This settlement highlights the commitment of DCIS and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program serving our warfighters, their family members, and military retirees," said Special Agent in Charge John F. Khin of DCIS Southeast Field Office. "Health care providers who seek financial gain through false claims and irresponsible treatment of their patients, will be diligently investigated and held accountable for their actions."
The settlement was the result of a coordinated effort by the United States Attorney’s Office for the Southern District of Florida, HHS-OIG, DCIS, U.S. Office of Personnel Management, Office of Inspector General (OPM-OIG) and the Federal Bureau of Investigation (FBI). The case was investigated and the settlement negotiated by Assistant U.S. Attorney’s Mark Lavine and John Spaccarotella.
The case is captioned United States of America and the State of Florida ex rel. Theodore A. Schiff, M.D. v. Gary L. Marder, D.O., Allergy, Dermatology & Skin Cancer Center, Inc., Megan Bock, P.A., Martin Burke, P.A., Robert I. Kendall, M.D., and Kendall Medical Laboratory, Inc., Case No. 1:13-cv-24503-KMM (S.D. Fla.). The claims asserted against Dr. Marder and Dr. Kendall are merely allegations.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Detroit man and Los Angeles man indicted in separate drug-related casesRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Detroit, Michigan man and Los Angeles, California man have been indicted on drug charges, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Aaron Deshawn Campbell, age 28, of Detroit, Michigan, was indicted today by a federal grand jury for one count of “Distribution of Cocaine Base in Proximity of a Protected Location,” one count of “Distribution of Cocaine Base,” and one count of “Distribution of Heroin.” The crimes are alleged to have occurred in May and June of 2015 in Monongalia County.
Campbell faces up to 40 years in prison and a fine of up to $2,000,000 for the distribution of cocaine near a protected location count and up to 20 years in prison and a $1,000,000 fine for each of the other counts. 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 Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force, a HIDTA-funded program, investigated.
In a separate case, Cesar Navarro, age 38, of Los Angeles, California, was indicted today by a federal grand jury for one count of “Conspiracy to Distribute Methamphetamine.” The crime allegedly took place between September 2014 and December 2016 in Grant County.
Navarro faces up to 20 years in prison and a $1,000,000 fine. 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 Stephen Warner is prosecuting the case on behalf of the government. The United States Postal Inspection Service investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Delaware County Podiatrist Sentenced to 8 Years in Prison for Health Care FraudRead the Press Release
PHILADELPHIA – Today, a federal judge sentenced Stephen A. Monaco, a former podiatrist, to 97 months’ imprisonment for defrauding Medicare, Medicaid and private victim insurance companies, announced Acting United States Attorney Louis D. Lappen. Defendant Monaco pleaded guilty to health care fraud on August 23, 2016, and surrendered his DEA license.
Between January 2008 and October 31, 2014, the defendant, who operated A Foot Above Podiatry in Havertown, PA, submitted fraudulent bills to Medicare for at least approximately $5 million dollars for certain podiatric procedures that were not performed at all, and other procedures that were not medically necessary. In some cases, Monaco provided “pill seeking” patients with prescriptions for oxycodone, a dangerous and addictive opioid medication, in exchange for payments from health insurance providers. Individuals seeking oxycodone from Monaco received painful injections in their toes and feet, for which Monaco submitted fraudulent claims to the patients’ insurance providers. Monaco administered these medically unnecessary injections to create the appearance of legitimacy for his prescription of opioids.
In addition to the prison term, The Honorable Juan R. Sánchez ordered the defendant to serve three years of supervised release upon release from prison, and to pay restitution in the amount of $4,960,295. The defendant was also ordered to forfeit assets traceable to the offense.
The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Office of Personnel Management Office of the Inspector General, the United States Railroad Retirement Board Office of Inspector General, and the Pennsylvania Office of Attorney General Medicaid Fraud Control Section. The case is being prosecuted by Assistant United States Attorneys M. Beth Leahy and Jennifer B. Jordan.
Danville Resident Pleads Guilty to Conspiracy to Defraud United StatesRead the Press Release
SAN FRANCISCO, Calif. – Kamran Azizi pleaded guilty today to conspiring to defraud the United States, announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf.
According to the plea agreement, during 2005 through 2008, Azizi, 59, of Danville, was responsible for compiling donations made to Maktab Tarighe Oveyssi Shahmaghsoudi (MTO), a Sufi Islamic organization with several centers in the Northern District of California. Azizi acknowledged that during that period, with the assistance of his co-conspirator, Hedyeh Shoar, aka Hedyeh Azizi (to whom he was married until 2007), he kept more than $250,000 of members’ donations to MTO for his own benefit. Azizi and Shoar then worked together to hide this income from the United States by, among other things, concealing it from the individual who prepared their federal income tax returns, and signing and filing tax returns which omitted this income.
A federal grand jury indicted Azizi with one count of conspiracy, in violation of 18 U.S.C. § 371, and two counts of filing a false tax return, in violation of 26 U.S.C. § 7206(1). Pursuant to today’s agreement, Azizi pleaded guilty to the conspiracy count. Azizi is scheduled to appear on June 23, 2017, before the Honorable Vince Chhabria, U.S. District Judge, for sentencing.
The maximum statutory penalty for the conspiracy violation is five years in prison and a $250,000 fine. In addition, a term of supervised release may be imposed; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Michael G. Pitman is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Dallas Man Sentenced to 18 Years in Federal Prison for Possessing MethamphetamineRead the Press Release
DALLAS — Devin Patrick Lessig, has been sentenced by U.S. District Judge Sam A. Lindsay to serve a total of 18 years in federal prison following his guilty plea in April 2016 to an indictment charging one federal felony drug offense, announced U.S. Attorney John Parker of the Northern District of Texas.
Specifically, Lessig, 25, of Dallas, pleaded guilty to one count of possession with intent to distribute a controlled substance. According to the factual resume filed in the case, in June 2015, a Texas Department of Public Safety State Trooper attempted to initiate a traffic stop on a motorcycle on Dallas Parkway in Dallas County. The motorcycle, operated by Lessig, failed to stop and a pursuit occurred. After crashing the motorcycle, Lessig was arrested and the motorcycle was confirmed stolen out of New York. During a search of the suspect's backpack, Lessig was found to be in possession of approximately one hundred ten grams of a crystal like substance that was submitted for laboratory analysis. The substance tested positive for methamphetamine. Approximately fourteen grams of a black tar substance believed to be heroin, seven pills believed to be ecstasy, a black Glock 27 .40 caliber pistol and other drug paraphernalia were also located.
Additionally, in August 2015, Addison Police Officers located a stolen motorcycle in the Motel 6 parking lot off Belt Line Road, Addison, TX. While conducting surveillance on the stolen motorcycle, Addison police officers observed Lessig exit a room carrying a black backpack. Addison police officers prevented Lessig from departing the parking lot by blocking the motorcycle in. While blocking the motorcycle in, Lessig jumped off of the motorcycle and fled on foot through the Motel 6 parking lot. As Lessig was running, he discarded the black backpack in the parking lot near the room where he had recently exited. Addison police officers secured the discarded black backpack and the stolen motorcycle. Addison police officers eventually apprehended and detained Lessig a couple blocks away from the Motel 6.
Addison police officers searched the black backpack previously discarded by Lessig and found an AK-47 assault pistol with a pistol grip attached to the front, two loaded pistols and ammunition, prescription medication, a pill bottle containing 88 tablets of suspected 3,4-Methylenedioxy Methamphetamine, and a Tupperware container full of suspected methamphetamine. Addison police officers recovered another pistol in the immediate area of where Lessig was apprehended, believed to have been discarded by Lessig as he fled the location. The substance was ultimately submitted for laboratory analysis and it was found to be methamphetamine.
The Texas Department of Public Safety, Addison Police Department and Dallas Police Department investigated the case. Assistant U.S. Attorney George Leal was in charge of the prosecution.
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Corona Woman Sentenced to over 2 Years in Federal Prison for Embezzling more than $500,000 from her EmployerRead the Press Release
SANTA ANA, California – A Corona woman who embezzled more than $500,000 from her employer, an Irvine-based property management company, has been sentenced to serve 27 months in federal prison.
Kristina Hosea, 46, of Corona, was sentenced yesterday by United States District Judge Cormac J. Carney, who also ordered the defendant to pay $515,619 restitution.
Hosea pleaded guilty in 2015 to one count of wire fraud and admitted that she stole money from her employer, Advanced Real Estate Services, Inc. (ARES), where she worked as the assistant to the president.
“This defendant stole funds for years to pay for rent, her cars, a retirement account and a quinceanera for her daughter,” said United States Attorney Eileen M. Decker. “Businesses place trust in their employees who handle their finances, and crimes like this defendant’s harm the business and all of the business’ employees.”
According to court documents, Hosea was responsible for reviewing and approving invoices, as well as preparing checks to be signed by the company president. She was also provided a company credit card to be used only for business purposes.
From at least September 2008 and through May 2014, Hosea knowingly defrauded ARES by wiring company funds to her personal bank account and cashing at least 100 ARES checks made payable to her and others for non-business expenses. She also used company credit cards to make purchases unrelated to the company’s business.
In order to conceal her actions and avoid detection, Hosea altered and modified bank and credit card statements, created phony invoices and deleted records of checks from the company’s computers.
“The defendant supplemented her income with stolen company funds and became accustomed to living beyond her means by regularly defrauding her employer,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Ultimately, the greed which led to her criminal actions came under scrutiny and she will pay for her crime behind bars and through court-ordered restitution.”
Judge Carney ordered the defendant to begin serving her prison sentence by February 21.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Gregory W. Staples of the Santa Ana Branch Office.
Coraopolis Man Sentenced to Prison for Drug, Gun Law ViolationsRead the Press Release
PITTSBURGH - A resident of Coraopolis, Pennsylvania, has been sentenced in federal court to 57 months’ incarceration, followed by four years of supervised release on his conviction of violating federal drug trafficking and firearms laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence on Hasan Sharif Reed, age 37, of Coraopolis, Pennsylvania.
According to information presented to the court, from October 2013, and continuing to in and around April 2014, in the Western District of Pennsylvania and elsewhere, Reed conspired with others to distribute and possess with the intent to distribute more than 300 grams but less than 400 grams of cocaine. In addition, during that time frame, Reed and several of his co-conspirators conspired to possess firearms in furtherance of the drug trafficking.
Prior to imposing sentence, Judge Hornak noted that Reed had a “significant criminal history,” including three prior convictions involving firearms. Judge Hornak rejected a request by counsel for Reed to impose a more lenient sentence (i.e., to vary downward from the advisory sentencing guidelines range).
Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Acting United States Attorney Song commended the Federal Bureau of Investigation, the FBI Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Reed.
Cedar Rapids Heroin Dealer Sentenced for Causing OverdoseRead the Press Release
A Cedar Rapids man who distributed heroin and fentanyl that resulted in a young woman being hospitalized for a serious injury was sentenced on February 6, 2017, to more than 12 years in federal prison.
Shawn Albert, age 25, from Cedar Rapids, Iowa, received the prison term after an October 5, 2016, guilty plea to one count of distribution of heroin and fentanyl.
During the sentencing hearing the court detailed Albert’s criminal conduct, in which Albert distributed a mixture of heroin and fentanyl to his then girlfriend, M.E., on September 27, 2015. M.E. overdosed on the mixture and Albert failed to immediately seek medical assistance. Ultimately, M.E. was treated and hospitalized for her injuries, some of which may be permanent.
Albert was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Albert was sentenced to 151 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Albert is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated as part of the National Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Police Department and 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 City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-0053. Follow us on Twitter @USAO_NDIA.
Bloomsburg Man Indicted for Attempted Production of Child Pornography and Attempted Enticement of Minors for SexRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Dewald, age 40, of Bloomsburg, Pennsylvania, was indicted by a federal grand jury for two counts of attempted production of child pornography, and three counts of enticement of a minor to engage in illegal sexual activity.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Dewald attempted to persuade and entice two minors to engage in sexually explicit conduct for the purpose of producing a visual image of such conduct, and enticed, persuaded and attempted to entice and persuade three minors to engage in illegal sexual activity between July 2015 and May 2016.
If convicted of the charges, Dewald faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison for the child pornography charges, and a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the enticement and attempted enticement of a minor charges.
The case was investigated by the Federal Bureau of Investigation and Delaware County Detectives. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the enticement of a minor offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the child pornography offenses is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Biopharmaceutical Employee Arrested for Insider TradingRead the Press Release
BOSTON – The Director of Statistical Programming for a Cambridge-based biopharmaceutical company was arrested and charged today with participating in an insider trading scheme.
Songjiang Wang, 52, was charged with conspiracy to commit securities fraud. Wang’s friend, Schultz “Jason” Chan, was the Director of Biostatistics at a different Cambridge-based biopharmaceutical company. According to the criminal complaint, from November 2013 to September 2015, Wang and Chan conspired to commit securities fraud by trading insider information regarding successful clinical drug trials at their respective companies. Specifically, Wang allegedly traded on inside information Chan provided regarding a clinical study conducted by Chan’s employer. In addition, Wang tipped Chan in advance of a series of announcements made by Wang’s employer regarding various clinical trial results. Furthermore, Wang allegedly gave Chan cash, which Chan used to purchase shares of Wang’s employer. Chan subsequently sold those shares and paid Wang back.
In June 2016, Chan was charged with securities fraud in connection with tipping Wang and with trading in his own employer’s stock while in possession of inside information about a study.
The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission. Assistant U.S. Attorney Sarah E. Walters and Stephen E. Frank, Chief and Deputy Chief, respectively, of Weinreb’s Economic Crimes Unit are prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Beckley man sentenced to 20 years in federal prison for role in California-to-West Virginia drug conspiracyRead the Press Release
CHARLESTON, W.Va. – A Beckley man substantially involved in a California-to-West Virginia drug conspiracy was sentenced yesterday to 20 years in federal prison, announced United States Attorney Carol Casto. Velarian Sylvester Carter, 37, previously pleaded guilty to conspiracy to distribute more than 50 grams of methamphetamine.
Carter admitted that from January 2015 to March 2016, he was involved in a drug conspiracy with multiple individuals that included the transportation and distribution of methamphetamine. He admitted that in January 2015, he conspired to have methamphetamine delivered from California to West Virginia. Carter also admitted to receiving methamphetamine from Daniel Ortiz-Rivera, a codefendant, until Ortiz-Rivera was arrested in Kansas in June 2015. Ortiz-Rivera’s arrest prompted Carter to begin purchasing drugs directly from Ortiz-Rivera’s supplier.
Carter further admitted that on March 21, 2016, a confidential informant working with law enforcement discussed the logistics of bringing drugs to Charleston with Carter, including cocaine, methamphetamine, marijuana, and heroin. That same day, law enforcement stopped Carter and seized suspected drugs and approximately $28,000 in cash from the vehicle. Carter additionally admitted that on March 24, 2016, he arranged with confidential informants for the pickup of two pounds of methamphetamine in exchange for $12,000 in Charleston. On March 25, 2016, Carter arrived at the pre-arranged location and parked near the vehicle he was told contained methamphetamine. After Carter’s arrival, law enforcement arrested him and seized $11,990 cash that he kept inside a Burger King bag.
This prosecution is the result of a multi-agency investigation that led to an eight-count indictment implicating several defendants, some of whom have already been sentenced to prison. Daniel Ortiz-Rivera, a Mexican national, was sentenced to 12 years and seven months in federal prison for conspiracy to distribute more than 50 grams of methamphetamine. Kelly Newcomb, of Nevada, and Danielle Dessaray Estrada, of Los Angeles, were both sentenced to a year and a day in prison for interstate travel in furtherance of a drug crime. Marco Antonio Bojorquez-Rojas, a Mexican national residing in California, was sentenced to a year and a half in prison for interstate travel in furtherance of a drug crime.
Several of the defendants have pleaded guilty and are awaiting sentencing. A woman who was used as a mule to transport methamphetamine, Cara Linn Monasmith, of Nevada, pleaded guilty to interstate travel in furtherance of a drug crime. Additionally, as part of this conspiracy, Rafael Garcia Serrato, of Los Angeles, Cesar Garcia, also of Los Angeles, Miguel Tafolla-Montoya, a Mexican national, Brian Ashby, of Kanawha County, and Miguel Alejandro Robles-Ibarra, a Mexican national, previously pleaded guilty to conspiring to distribute more than 50 grams of methamphetamine.
The FBI, Homeland Security Investigations, the United States Postal Inspection Service, the Charleston Police Department, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of these prosecutions. United States District Judge John T. Copenhaver, Jr., imposed the sentence and is presiding over these cases.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Another North Carolina Commercial Fishermen Pleads Guilty to Illegally Harvesting and Selling Atlantic Striped BassRead the Press Release
WILMINGTON – The United States Attorney’s Office announced that today in federal court, JOHN ROBERTS, 45, of Engelhard, pled guilty to federal charges regarding the illegal harvest and sale of Atlantic striped bass from federal waters off the coast of North Carolina during 2010.
According to the Indictments and information in the public records, in February 2010, a Special Agent with the National Oceanic and Atmospheric Administration (NOAA) received information that commercial trawlers were illegally fishing for Atlantic Striped Bass in federal waters off the coast of North Carolina. Since 1990, there has been a ban on the harvesting of Atlantic Striped Bass in the United States’ Exclusive Economic Zone (“EEZ”) which spans between 3 miles and 200 miles seaward of the U.S. Atlantic coastline.
Upon receiving the information, NOAA engaged the assistance of the U.S. Coast Guard. A single patrol vessel in the area intercepted one of 17 commercial trawlers in the EEZ, (the fishing vessel Lady Samaira) and boarded the vessel. At the time of the boarding, the Lady Samaira was captained by Defendant Ellis Leon Gibbs, Jr.
Given the other commercial trawlers in the same area, NOAA conducted an analysis of electronic data and written reports from those vessels. Based on its review, NOAA determined that between January 20, 2010, and February 2, 2010, ROBERTS, then Captain of the Wonder Woman, a commercial trawler, harvested approximately 6,884 pounds of Atlantic Striped Bass from the EEZ, which he sold to a fish dealer in Engelhard, North Carolina. Additionally, on one of his fishing trips, ROBERTS exceeded the North Carolina catch limit for Atlantic Striped Bass, making multiple landings and filing multiple trip reports to make it appear that the fish had been caught during separate outings. The estimated fair market retail value of the 6,884 pounds of illegally harvested fish exceeds $55,000. Roberts also made false statements on his federal trip reports to conceal the true location of the harvest.
During the winter 2010 Atlantic striped bass ocean trawl season, it is estimated that over 90,000 pounds of North Carolina’s 160,000 ocean trawl quota were taken illegally from the EEZ.
Five other commercial fisherman previously entered guilty pleas for conduct uncovered by the same investigation. United States v. Dewey W. Willis, Jr., No. 2:15-CR-3-F, United States v. James Ralph Craddock, No. 2:15-CR-7-F, United States v. Joseph Howard Williams, No. 4:15-CR-2-F; United States v. Ellis Leon Gibbs, Jr., No. 4:14-CR-9-F, United States v. Dwayne J. Hopkins, 2:15-CR-8-F.
“These prosecutions make clear that efforts to circumvent laws regulating commercial fishing -- which are implemented to sustain the species for the benefit of future generations -- will be prosecuted vigorously,” said U.S. Attorney John Stuart Bruce for the Eastern District of North Carolina. “Our office was pleased to partner with DOJ’s Environment and Natural Resources Division, NOAA, and other law enforcement agencies on these important cases.”
A sentencing hearing has been scheduled for the Court’s May 8th term of court, 2017. ROBERTS faces a maximum sentence of five years in prison and a $250,000 fine.
The investigation was conducted by the Law Enforcement Offices of NOAA, with assistance of the Investigative Service from the U.S. Coast Guard, the North Carolina Marine Patrol, and the Virginia Marine Police. This case is being prosecuted by Senior Litigation Counsel Banumathi Rangarajan and Trial Attorney Lauren Steele of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section.
Alleged Cyber Spammer Indicted on Federal Fraud ChargesRead the Press Release
CHICAGO — An alleged cyber spammer has been indicted on federal fraud charges for sending well over a million spam emails and damaging several computer networks.
MICHAEL PERSAUD, 36, of Scottsdale, Ariz., used multiple Internet Protocol addresses and domains – a technique known as “snowshoe spamming” – to transmit spam emails over at least nine networks, according to an indictment returned in federal court in Chicago. Persaud sent well over a million spam emails to recipients in the United States and abroad, the indictment states. He often used false names to register the domains, and he created fraudulent “From Address” fields to conceal that he was the true sender of the emails, according to the indictment. The charges also accuse Persaud of illegally transferring and selling millions of email addresses for the purpose of transmitting spam.
The indictment charges Persaud with ten counts of wire fraud and seeks the forfeiture of four computers.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and R. Justin Tolomeo, Special Agent-in-Charge of the Milwaukee Office of the FBI.
According to the indictment, Persaud gained access and use of the victim networks by falsely representing that he would not use their systems to send spam, and that he would comply with their policies prohibiting spamming, the indictment states. In reality, Persaud used a California company called Impact Media LLC and other aliases to send spam on behalf of sellers of various goods and services, the indictment states. Persaud earned commissions for each sale generated by the spam, the indictment states.
When some of the networks terminated his lease and denied him access to their networks, Persaud used aliases to contract with other networks, according to the indictment. In some instances, Persaud provided false forms of identification and payment, including a driver’s license and debit card, to support the alias, the indictment states. Persaud’s alleged aliases included the names “Michael Prescott,” “Michael Pearson,” and “Jeff Martinez.”
The indictment was returned Dec. 9, 2016, and ordered unsealed after Persaud’s arrest last month in Arizona. His arraignment earlier today before U.S. Magistrate Judge Susan E. Cox marked his first Chicago court appearance. Persaud pleaded not guilty and was ordered released on his own recognizance. While on bond, Persaud is restricted from traveling outside the District of Arizona, with the exception of making court appearances in Chicago.
A status hearing was scheduled for Feb. 21, 2017, at 10:15 a.m., before U.S. District Judge Andrea R. Wood.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count of wire fraud is punishable by up to 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Jessica Romero of the Northern District of Illinois, and Assistant U.S. Attorney Michael Chmelar of the Eastern District of Wisconsin.
Albuquerque Felon Facing Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – During a hearing yesterday, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Michael Gerard Smith, 55, of Albuquerque, with violating the federal narcotics and firearms laws. Today, the Magistrate Judge entered an order holding Smith in federal custody pending trial based on judicial findings that he poses a risk of flight and danger to the community. The federal charges against Smith were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, and Chief Gorden G. Eden, Jr., of the Albuquerque Police Department (APD).
Smith, whose criminal history includes 11 prior felony convictions for drug trafficking, robbery, false imprisonment and forgery offenses, is being prosecuted under the federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates.
Smith was arrested on Feb. 3, 2017, and charged by criminal complaint with methamphetamine and heroin trafficking offenses, and being a felon in possession of a firearm. According to the criminal complaint, APD officers allegedly seized approximately 94.5 grams of methamphetamine, 34.9 grams of heroin, a handgun, and cash in denominations consistent with street level drug trafficking while executing a search warrant at Smith’s residence.
If convicted, Smith faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison on the drug trafficking charges, and a maximum of ten years in in prison for being a felon in possession of a firearm. If deemed an armed career criminal, Smith faces an enhanced penalty of not less than 15 years in prison for unlawfully possessing a firearm, and the potential of a life sentence on the drug trafficking charges if the United States files a prior felony information.
Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case against Smith was investigated by the Albuquerque office of the DEA and the APD, and is being prosecuted by Assistant U.S. Attorney Norman Cairns 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.
30 Year Sentence for Production and Distribution of Child PornographyRead the Press Release
TUCSON, Ariz. – On February 6, 2017, Nathaniel Tejeda, 29, of Reno, Nev. (and formerly Ruidoso, N.M.) was sentenced by U.S. District Judge Jennifer G. Zipps to 360 months in prison. A federal grand jury issued an indictment charging Tejeda with distribution of graphic and sadistic child pornography involving infants and toddlers. Thereafter, investigation revealed that Tejeda also had produced and shared child pornography depicting a 14-year-old child he met online. Tejada then pleaded guilty to the distribution and production charges. Tejada’s imprisonment will be followed by a lifetime term of supervised release, with stringent sex offender conditions and the requirement that he register as a sex offender.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by Homeland Security Investigations, Immigrations and Customs Enforcement, in Nogales, Ariz. and Reno, Nev. The prosecution was handled by Carin Duryee, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR 16-0851-JGZ (JR)
RELEASE NUMBER: 2017-008_Tejeda
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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.
14 Defendants Charged in Manhattan Federal Court with Narcotics Distribution and Firearms Possession in the Bronx and Yonkers, and Four Defendants with Armed Commercial Robberies in the Bronx and ManhattanRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the U.S. Drug Enforcement Administration (“DEA”), announced the unsealing of an Indictment charging 14 defendants with participation in narcotics and firearms offenses in the Bronx and Yonkers. The Indictment also charges four of these defendants with participating in robberies of commercial establishments in the Bronx and Manhattan, and three of these defendants for participating in firearms trafficking.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, the defendants arrested today plagued the Bronx and Yonkers with drug dealing, guns, and commercial robberies. Thanks to the outstanding and cooperative efforts of the ATF, NYPD, and DEA, the defendants’ rash of alleged crimes has been brought to an end.”
NYPD Commissioner James P. O’Neill said: “The 14 defendants in this case face drug and gun charges after a multi-year investigation into the heroin, crack cocaine and marijuana trade in the Bronx and Yonkers. Four of the defendants are charged in connection with armed robberies in the Bronx and Manhattan and three are accused of firearms trafficking. Our neighborhoods are safer with these people – and the drugs and guns – off of our streets. I want to thank the US Attorney for the Southern District, Preet Bharara, Ashan Benedict, Special Agent-in-Charge of the New York Field Office of the ATF, James Hunt, Special Agent-in-Charge of the New York Field Office of the DEA, and the members of the NYPD for their contributions to this investigation.”
ATF SAC Ashan M. Benedict said: “Today’s indictment demonstrates the dangerous intersection between firearms trafficking, narcotics trafficking, the illicit possession and use of firearms, and violent crime. These defendants allegedly engaged in an alphabet soup of criminal activity, spreading poison, fear, and violence in their wake. Thanks to the outstanding work of the Special Agents, Detectives, and prosecutors involved in this investigation, they will now face well-deserved justice for their alleged actions. I would like to extend my gratitude to the members of ATF, DEA, NYPD, and the U.S. Attorney’s Office for their hard work and collaboration in putting a stop to these individuals.”
DEA SAC James J. Hunt said: “As alleged, a violent drug crew has been taken off the streets today. For years, they allegedly acted like outlaws; selling drugs, brandishing guns and robbing businesses like they were in a time warped Wild West movie. But reality hit them today when they were arrested and brought to court.”
The Indictment[1] charges 10 defendants with participating in a narcotics conspiracy based in the vicinity of Decatur Avenue and East 194th and 195th Streets in the Bronx, New York. Specifically, the following defendants – RENE RUIZ, a/k/a “Lil’ Rene,” a/k/a “Nae Nae,” WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” DOMINGO RAMOS, a/k/a “Mingo,” JASON POLANCO, a/k/a “Jin,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z,” JAIME GONZALEZ, a/k/a “Jimbo,” JORDAN MCDONALD, a/k/a “Umi,” EDWARD NELSON, a/k/a “Boo,” a/k/a “Bugatti,” and CHRISTOPHER CORREA, a/k/a “Chris” – are charged with conspiring to distribute, and to possess with intent to distribute, heroin, crack cocaine, and marijuana from about 2011 up to about early 2017. Eight of these defendants are also charged with using, carrying, and possessing firearms during the narcotics conspiracy.
The Indictment also charges seven defendants with participating in a narcotics conspiracy that operated in the Bronx and in Yonkers. Specifically, the following defendants – DOMINGO RAMOS, a/k/a “Mingo,” CARLOS OSORIO-PEREZ, a/k/a “C,” DENNIS POMALES, a/k/a “D,” JORDAN MCDONALD, a/k/a “Umi,” CHRISTOPHER CORREA, a/k/a “Chris,” MARK FERNANDEZ, a/k/a “Mark,” and WILLIAM RUSSELL, a/k/a “Billy” – are charged with conspiring to distribute, and to possess with the intent to distribute, heroin, cocaine, and crack cocaine from about 2011 up to about early 2017. Four of these defendants are also charged with using, carrying, and possessing firearms during the narcotics conspiracy.
The Indictment also charges four defendants – JASON POLANCO, a/k/a “Jin,” WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” and ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z” – with conspiring to rob the proceeds of commercial establishments in the Bronx and Manhattan, from about 2014 up to about January 1, 2015. Three of these defendants are also charged with committing the robbery of a pizzeria in the vicinity of Jerome Avenue and East 179th Street in the Bronx, on or about October 31, 2014. All four defendants are also charged with committing the robbery of a gas station in the vicinity of Pelham Parkway South and Boston Road in the Bronx, on or about November 24, 2014. In addition, all four defendants are charged with the use, carrying, and possession of firearms during and in relation to the robbery conspiracy and the November 2014 gas station robbery, during which a firearm was brandished and discharged.
Finally, the Indictment charges three defendants – WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” and ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z” – with the unlawful trafficking of firearms from in or about 2014 through in or about 2015.
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Of the 14 defendants named in the Indictment, six were taken into custody in a sweep jointly conducted by the NYPD, ATF, and DEA, beginning last night in the Bronx and Yonkers (RAMOS, AHMED, OSORIO-PEREZ, POMALES, CORREA, and FERNANDEZ). The defendants who were taken into custody will be presented and arraigned in Manhattan federal court this afternoon before Magistrate Judge James L. Cott. Five defendants are presently detained in either state or federal custody on unrelated charges, and are being brought into federal custody on writs (RUIZ, POLANCO, ESCRIBANO, JAIME GONZALEZ, and MCDONALD). Three defendants remain at large (WILFREDO GONZALEZ, NELSON, and RUSSELL). The case is assigned to U.S. District Judge Laura Taylor Swain.
Mr. Bharara thanked the Westchester County Police Department and the Putnam County Sheriff’s Office for their assistance in the investigation.
The prosecution is being handled by the Office’s Violent and Organized Crime Unit and its White Plains Division. Assistant U.S. Attorneys Justina L. Geraci, Jordan L. Estes, Christopher J. Clore, and Amanda L. Houle are in charge of the prosecution.
The charges contained in the superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
6 February 2017
Washington, DC man sentenced for failing to register as a sex offenderRead the Press Release
MARTINSBURG, WEST VIRGINIA – James E. Kelson, 53, of Washington, DC was sentenced in federal court today to 30 months incarceration for failing to register as a sex offender, Acting United States Attorney Betsy Steinfeld Jividen, announced.
From August 2012 through July 2016, Kelson failed to register and update his registration as a sex offender in Berkeley County, WV. Kelson is required to register under the Sex Offender Registration and Notification Act by reason of a conviction under state law, to wit: attempted second degree child sexual abuse, in the Superior Court of the District of Columbia. Kelson pled guilty to one count of “Failure to Register as a Sex Offender” in November 2016.
Assistant United States Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The United States Marshals Service investigated.
Chief U.S. District Judge Gina M. Groh presided.
Virginia Beach Man Sentenced to Prison for Producing Child PornographyRead the Press Release
NORFOLK, Va. – Robert Lee Petty, 43, of Virginia Beach, was sentenced today to 17 1/2 years in prison for production of child pornography. Petty was also sentenced to a lifetime of supervised release to be completed upon his release from prison.
“Production of child pornography is one of the most offensive and serious crimes in the entire criminal code,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “While these crimes can be very difficult to talk about, we must continue to bring awareness to these prosecutions with the goal of protecting our children from sexual predators by deterring others from committing similar crimes.”
Petty pleaded guilty on Sept. 1, 2016. According to court documents, Petty forced a child to produce child pornography for him to view for approximately five years, beginning when the child was 11 years old. Several of the videos depicted Petty in the room when the production was taking place.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney Elizabeth M. Yusi prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-119.
Turlock Attorney Pleads Guilty to Importation of SteroidsRead the Press Release
FRESNO, Calif. —Erik Harald Moje, 40, of Turlock, pleaded guilty today to the importation of anabolic steroids from China, U.S. Attorney Phillip A. Talbert announced.
Anabolic steroids are synthetically produced variants of the naturally occurring male hormone testosterone. They are regulated under the Controlled Substances Act as a Schedule III controlled substance and may not be possessed lawfully in the United States without a prescription.
According to court documents, between December 1, 2013, and September 1, 2015, Moje, a licensed attorney and professional bodybuilder, unlawfully purchased and obtained anabolic steroids from a supplier in China. Encrypted emails documented shipments and indicated that the purchase money would be deposited into the bank account for the Law Office of Eric Moje. He routed shipments of steroids through a UPS mail-forwarding service in New York, as well as private citizens in other parts of the country. In May 2015, agents intercepted a parcel containing one kilogram of steroids, which equates to 40,000 dosage units. In September 2015, the agents executed a search warrant at Moje’s residence. Behind a false wall in the garage, they found 538 10‑milliliter vials containing liquid anabolic steroids, which equates to 10,760 dosage units, and 17,700 steroid capsules, which equates to 17,700 dosage units. They also seized $29,925 in cash from the residence.
In pleading guilty, Moje agreed to the forfeiture of his residence in Turlock. The seized cash and a BMW were previously forfeited.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The case was also part of Operation Cyber Juice, a nationwide initiative targeting domestic and international steroid trafficking organizations. Agencies involved in this investigation included the Drug Enforcement Administration, the U.S. Marshals Service, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, the Turlock Police Department and the Modesto Police Department. Assistant U.S. Attorneys Karen A. Escobar and Kevin C. Khasigian are prosecuting the case.
Moje is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 15, 2017. Moje faces a maximum statutory penalty of 10 years in prison and a $500,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Topeka Man Sentenced for Conspiracy in Interstate Sex Trafficking CaseRead the Press Release
TOPEKA, KAN. B A Topeka man was sentenced Monday to 46 months in federal prison for conspiring to operate an interstate sex trafficking business, U.S. Attorney Tom Beall said.
Barry M. Johnson, 40, Topeka, Kan., pleaded guilty to one count of conspiracy. In his plea, he admitted conspiring with co-defendants to run a Topeka-based prostitution business that operated in Kansas, Missouri and Nebraska. At times, as many as 20 females were working as prostitutes for the organization. The leader of the organization rented houses where some of the prostitutes were allowed to live. The organization used Web sites, social media and cell phones to advertise sexual services and to keep track of prostitutes.
Johnson admitted he recruited and groomed potential sex workers for the organization. Johnson would notify the leader of the conspiracy he had a female who was ready to work and they would negotiate how much he would be paid.
Co-defendants include:
Frank Boswell, 43, Topeka, Kan., who is set for jury trial March 7.
Michaela Hekekia, 37, Topeka, who is set for sentencing March 20.
Rachel Flenniken, 34, Topeka, Kan., who is awaiting sentencing.
Sean P. Hall, 47, Topeka, Kan., who is awaiting sentencing.
Shannon Nelson, 23, Topeka, Kan., who is set for sentencing May 1.
Beall commended the Topeka Police Department, Homeland Security Investigations, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Three indicted on federal firearms chargesRead the Press Release
Three men were indicted on firearms charges in unrelated cases, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Joseph Crockett, 30, of Youngstown, was charged with being a felon in possession of a firearm and ammunition.
Ricky D. Williams, 25, of Youngstown, was charged with being a felon in possession of a firearm and ammunition.
Robert Shepper, 32, of Mogadore, was charged with possession of an unregistered short-barreled firearm.
Crockett possessed a Walther, model PPX, 9mm caliber pistol, and ammunition on Nov. 21, 2016, after having been convicted of distribution of crack cocaine in U.S. District Court, Northern District of Ohio, in 2008, according to the indictment.
Williams possessed a Taurus, model Millenium Pro, 9mm pistol, and ammunition on Dec. 1, 2016, after having been convicted of robbery, in the Lawrence County (Pennsylvania) Common Pleas Court, in 2011, according to the indictment.
Shepper on May 17, 2016 possessed an Armalite Inc., Model M15, 5.56 mm rifle, with a barrel less than 16 inches long, and not registered to him in the National Firearms Registration and Transfer Record, as required by law, according to the indictment.
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 David M. Toepfer is prosecuting all three cases. The Crockett and Williams cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Youngstown Police Department. The Shepper case was investigated by the ATF and Ohio State Highway Patrol.
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.
Schenectady Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Jeffrey Butler, age 33, of Schenectady, New York, pled guilty today to receiving and possessing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Butler admitted that in 2014 and 2015, he used the Internet and a peer-to-peer file sharing program to download video files containing child pornography, which he saved on his computer’s hard drive. Butler further admitted to storing over 300 child pornography videos on external hard drives in his residence.
As a result of his conviction, Butler faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. Sentencing is scheduled for June 5, 2017 before U.S. District Judge Mae A. D’Agostino.
This case was investigated by Homeland Security Investigations (HSI) and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Salem Man Enters Guilty Plea in Federal Court on Firearms ChargeRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina –------- United States Attorney Beth Drake, announced today that Justin David Crenshaw, age 31, of Salem, entered a guilty plea in federal court this morning in Greenville on charges stemming from his possession and discharge of a firearm last fall at a residence in Oconee County. United States Magistrate Judge Kevin F. McDonald accepted the plea. Crenshaw will be sentenced after a presentence investigation report is prepared by United States Probation.
Crenshaw was previously indicted on December 13, 2016, by a federal grand jury for felon in possession of ammunition, a violation of Title 18, United States Code, Section 922(g)(1). Prior to his indictment, Crenshaw, whose conduct at the time of the offense was being supervised by United States Probation following his summertime release from the Bureau of Prisons, was arrested on federal arrest warrants in early December for the offense and has remained in custody, detained without bond, since that date.
The facts presented by the government at the guilty plea hearing this morning established that on October 25, 2016, Crenshaw and a colleague entered a residence in Oconee County and initiated a physical assault on a male located in the residence. The male ran outside the house followed by Crenshaw who then fired two rounds during the altercation. Deputies recovered two 9mm ammunition casings from the site of the incident. When interviewed, Crenshaw admitted firing the shots.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the assistance and cooperation of the Oconee County Sheriff’s Office. The case has been assigned to First Assistant United States Attorney Lance Crick for prosecution.
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Rutland Man Sentenced to 48 Months Imprisonment for Distribution of FentanylRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Donald Perkins, 29, of Rutland, was sentenced to forty-eight month’s imprisonment by United States District Judge J. Garvan Murtha. The term of imprisonment will be followed by a three-year period of supervised release by the U.S. Probation Office. Perkins previously pled guilty to distribution of fentanyl in the Rutland area. The maximum sentence for this offense is twenty year’s imprisonment and a $1,000,000 fine.
According to court records in the spring of 2016 Perkins distributed approximately 88 grams of fentanyl in the Rutland area though Perkins claimed he thought he was only selling heroin. At the time Perkins committed this offense, he was also on federal supervised release for a 2011 conviction for conspiracy to distribute cocaine. Perkins served a sentence of 60-month’s imprisonment for that prior federal conviction. The 48-month sentence imposed by Judge Murtha includes a 12-month consecutive sentence for the supervised release violation.
This case was investigated by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Drug Enforcement Administration. The United States is represented by Assistant U.S. Attorney Joe Perella and Perkins is represented by Robert Behrens, Esq. of Burlington, Vermont.
Prince George’s County Felon Sentenced to over 9 Years in Federal Prison for Gun and Drug ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Tyrell Lamont Thompson, a/k/a Freak, age 24, of Forestville, Maryland, to 110 months in prison, followed by three years of supervised release, for possession with intent to distribute crack cocaine; possession of a firearm in furtherance of a drug trafficking crime; and for being a felon in possession of a firearm. The sentencing hearing was held on February 3, 2017.
The charges were the result of a joint investigation by ATF, DEA and the Prince George’s County Police Department that targeted armed drug dealers in Prince George’s County.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division (ATF); Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division (DEA); and Chief Hank Stawinski of the Prince George’s County Police Department.
According to his plea agreement, on June 29, 2016, law enforcement officers executed a federal search warrant at Thompson’s residence in the 6400 block of Hil Mar Drive in Forestville. Recovered from the residence was a loaded 357 magnum revolver with an obliterated serial number, which was found near where Thompson was standing when officers entered the residence; a loaded 9mm semiautomatic pistol that was equipped with a laser sight and an extended magazine; and a bag containing several smaller baggies and chunks of crack cocaine, which was intended for distribution.
Thompson had a previous felony conviction and was prohibited from possessing firearms or ammunition.
United States Attorney Rod J. Rosenstein commended ATF, DEA and the Prince George’s County Police Department for their work in the investigation and thanked the Metropolitan Police Department, Maryland National Capital Park Police and U.S. Marshals Service for their assistance. Mr. Rosenstein thanked Assistant U.S. Attorneys Michael T. Packard and Thomas M. Sullivan, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Pennsylvania woman pleads guilty to money launderingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brittany Brooks, 28, of Randallstown, Pennsylvania, was convicted for money laundering, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Brooks pled guilty to one count of “Conspiracy to Launder Monetary Instruments.” She faces up to twenty years in prison and a fine of up to $500,000. 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 Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Northern California Man Convicted of Rigging Bids at Public Foreclosure AuctionsRead the Press Release
A federal jury convicted Thomas Joyce for his role in a conspiracy to rig bids at public real estate foreclosure auctions held in Contra Costa County, California, the Department of Justice announced today.
After a week-long trial before honorable Chief Judge Phyllis J. Hamilton in Oakland, California, the jury convicted Joyce of one count of conspiring to rig bids at foreclosure auctions between about June 2008 and January 2011. Joyce was charged in an indictment returned by a federal grand jury in the Northern District of California on Dec. 3, 2014.
The evidence at trial showed that Joyce conspired with others to rig bids to obtain properties sold at foreclosure auctions in Contra Costa County. The conspirators negotiated payoffs for agreeing not to compete and then held second, private auctions known as “rounds” to determine the amounts of the payoffs for the individuals who had participated in the bid suppression.
Including Joyce’s conviction, 64 individuals have either pleaded guilty or been convicted after trial of criminal charges as a result of the department’s ongoing antitrust investigations into bid rigging at public foreclosure auctions in Northern California. Indictments are pending against several other real estate investors who participated in the conspiracy.
This conviction is the latest development in the division’s ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Contra Costa and Alameda counties. The investigation is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office.
For more information about the task force, please visit www.StopFraud.gov. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
North Texas Pharmacy and Owner Agree to pay $400,000 to Resolve AllegationsRead the Press Release
PLANO, Texas – Trinity Pharmacy in Carrollton, Texas, and one of its owners, Jonathan Paul Lipe, have agreed to pay the United States $400,000 to settle alleged violations of the Controlled Substances Act in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
The Controlled Substances Act (CSA) is the primary federal law regulating the distribution and availability of controlled substances. Strict compliance with the CSA is required in order to prevent, among other things, the unlawful movement of controlled substances into communities.
Prior to filing a lawsuit, the United States alleged that it had civil penalty claims against both Trinity Pharmacy and Lipe under the CSA for, among other things, failing to maintain required records, failing to secure controlled substances, and failing to file loss reports. According to the settlement agreement, the United States alleged that the CSA violations facilitated and enabled criminal conduct by Trinity Pharmacy’s prior pharmacist-in-charge, John Christopher Esparza. Esparza misappropriated Trinity Pharmacy’s controlled substances, including 3.1 kilograms of oxycodone powder, and has since pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance in violation of the CSA.
Trinity Pharmacy and Lipe agreed to pay $400,000 to resolve the civil allegations and have denied any allegations of wrongdoing.
As the United States Attorney’s Office announced regarding the recent National Prescription Drug Take Back Day, America is presently experiencing an epidemic of addiction, overdose, and death due to abuse of prescription drugs, particularly opioid painkillers. In 2015, approximately 6.4 million Americans aged 12 and over misused prescription drugs, according to the 2015 National Survey on Drug Use and Health—more than those that abused cocaine, heroin, hallucinogens, and methamphetamine combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms.
“Today’s settlement puts on notice every entity and person with obligations under the CSA—including pharmacies and their owners—that the United States will not tolerate carelessness with controlled substances,” said Acting U.S. Attorney Featherston. “Prescription drug abuse is a deadly problem of epidemic proportions in our communities; people are dying every single day because of it. If you mishandle controlled substances or shirk your obligations under the CSA, expect a visit from us.”
This case was investigated by the Drug Enforcement Administration Dallas Division, the Texas Department of Public Safety, the Texas Board of Pharmacy, the McKinney Police Department, and the U.S. Attorney’s Office for the Eastern District of Texas. The settlement was negotiated by Assistant U.S. Attorney Joshua Russ. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
New Jersey Translations Company to Pay U.S. $1.5 Million to Settle False Claims Act AllegationsRead the Press Release
PITTSBURGH – Para-Plus Translations, Inc., a New Jersey corporation that contracts with federal and state agencies for interpretation, transcription and translation services, together with its owners, Robert Santiago, III and Sonia Santiago (collectively “Para-Plus”), will pay the United States, Delaware and New Jersey a total of $1.5 million (“Settlement Amount”) to settle False Claims Act allegations, Acting United States Attorney Soo C. Song announced today.
The settlement resolves allegations in a whistleblower lawsuit that was filed in Philadelphia, Pennsylvania, and handled on behalf of the United States by the U.S. Attorney’s Office for the Western District of Pennsylvania. The settled claims contended that Para-Plus violated the False Claims Act by submitting false claims for payment to various federal and state agencies, including components of the United States Department of Justice. Specifically, the Complaint alleged that Para-Plus submitted invoices to federal and state governmental clients that purposefully overstated the travel time and mileage incurred by its interpreters.
“As this settlement demonstrates, we will continue to enforce the law to ensure that federal monies are used to benefit the public,” said Acting U.S. Attorney Song.
This matter was investigated by the Office of Inspector General of the United States Department of Justice. Assistant United States Attorney Colin J. Callahan handled this matter on behalf of the United States. Deputy Attorney Generals Edward K. Black and Kent D. Anderson handled this matter on behalf of, respectively, Delaware and New Jersey.
This case is captioned United States ex rel. Kimberly Martin v. Para-Plus Translations, Inc. and Robert Santiago, III, Civil No. 14-3952 (EDPA). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
New Jersey Man Guilty of Production of Child Pornography in “Sextortion” CaseRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Hubert Young, age 46, of Basking Ridge, New Jersey, pleaded guilty today before Senior U.S. District Court Judge James M. Munley, to producing and attempting to produce child pornography.
According to United States Attorney Bruce D. Brandler, Young admitted to creating two Facebook accounts with fictitious names, and using a cell phone and computer to persuade minors to take pornographic images of themselves and send them to him.
As part of this “sextortion” scheme, Young posed as two teenagers, communicated with victims in chat groups, and when the minors sent the pornographic images to Young, he threatened to put the images on the internet unless the victims sent him additional images. A total of 13 minor victims from Pennsylvania, New Jersey, Ohio and Indiana fell prey to Young’s criminal activities between January 2015 and June 2016.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled sentencing for May 9, 2017.
The case was investigated by the Federal Bureau of Investigation, the Luzerne County District Attorney’s Office, and Pittston Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Hampshire Man Sentenced to Prison in Computer Hacking and “Sextortion” Scheme Involving Multiple Female VictimsRead the Press Release
A New Hampshire man was sentenced today to 96 months in prison for remotely hacking into the online accounts of dozens of teenaged female victims and sending them threatening online communications, in some instances containing sexually explicit photos, in order to force the victims to send him sexually explicit photos of themselves.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Emily Rice of the District of New Hampshire and Resident Agent in Charge Tim Benitez of the U.S. Secret Service’s Manchester, New Hampshire, Field Office made the announcement.
Ryan J. Vallee, 23, formerly of Laconia, New Hampshire, was sentenced today by U.S. District Judge Paul J. Barbadoro of the District of New Hampshire. Vallee pleaded guilty on Aug. 25, 2016, to a 31-count superseding indictment charging him with 13 counts of making interstate threats, one count of computer hacking to steal information, eight counts of computer hacking to extort, eight counts of aggravated identity theft and one count of cyberstalking. On March 16, 2016, while Vallee was awaiting trial, he was re-arrested on new criminal charges and has remained in custody since then. The names of the victims are being withheld from the public to protect their privacy.
According to admissions made in connection with his plea and evidence presented at sentencing, from 2011 through March 2016, Vallee, using various aliases that included “Seth Williams” and “James McRow,” engaged in a computer hacking and “sextortion” campaign designed to force dozens of teenaged victims – many of which he personally knew – to provide him with sexually explicit photographs of themselves and others.
Vallee employed a variety of techniques to force his victims to cede to his “sextortionate” demands. For example, according to the plea agreement, he repeatedly hacked into and took control over the victims’ online accounts, including their email, Facebook and Instagram accounts. Once he had control of these accounts, Vallee locked the victims out of their own accounts and, in some cases, defaced the contents of the accounts, he admitted. In at least one instance, Vallee hacked into a victim’s Amazon.com account, which stored her payment information and shipping address, then ordered items of a sexual nature and had them shipped to the victim’s home. Vallee also admitted that in some instances, he obtained sexually explicit photos of the victims and their friends and distributed them to the victims, their friends and their family members. With at least one victim, Vallee created a Facebook page using an account name that was virtually identical to the victim’s real Facebook account name, with one letter misspelled, he admitted. He then posted sexually explicit photos of the victim on this fake Facebook page and issued “friend requests” to the victim, her friends and her family members, according to the plea agreement.
Vallee admitted that he repeatedly sent threatening electronic communications to his victims, usually by using spoofing or anonymizing text message services, in which he threatened his victims that unless they gave him sexually explicit photographs of themselves, he would continue with the above-described conduct. According to the admissions in the plea agreement, when most of the victims refused to comply with Vallee’s demands and begged him to leave them alone, Vallee responded with threats to inflict additional harm.The U.S. Secret Service investigated the case with substantial assistance from the Belmont Police Department. Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen of the District of New Hampshire prosecuted the case.
New Hampshire Man Sentenced to Prison in Computer Hacking and "Sextortion" Scheme Involving Multiple Female VictimsRead the Press Release
Concord, N.H. – A New Hampshire man was sentenced today to 96 months in prison for remotely hacking into the online accounts of dozens of teenaged female victims and sending them threatening online communications, in some instances containing sexually explicit photos, in order to force the victims to send him sexually explicit photos of themselves.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Emily Rice of the District of New Hampshire and Resident Agent in Charge Tim Benitez of the U.S. Secret Service’s Manchester, New Hampshire, Field Office made the announcement.
Ryan J. Vallee, 23, formerly of Laconia, New Hampshire, was sentenced today by U.S. District Judge Paul J. Barbadoro of the District of New Hampshire. Vallee pleaded guilty on Aug. 25, 2016, to a 31-count superseding indictment charging him with 13 counts of making interstate threats, one count of computer hacking to steal information, eight counts of computer hacking to extort, eight counts of aggravated identity theft and one count of cyberstalking. On March 16, 2016, while Vallee was awaiting trial, he was re-arrested on new criminal charges and has remained in custody since then. The names of the victims are being withheld from the public to protect their privacy.
According to admissions made in connection with his plea and evidence presented at sentencing, from 2011 through March 2016, Vallee, using various aliases that included “Seth Williams” and “James McRow,” engaged in a computer hacking and “sextortion” campaign designed to force dozens of teenaged victims – many of which he personally knew – to provide him with sexually explicit photographs of themselves and others.
Vallee employed a variety of techniques to force his victims to cede to his “sextortionate” demands. For example, according to the plea agreement, he repeatedly hacked into and took control over the victims’ online accounts, including their email, Facebook and Instagram accounts. Once he had control of these accounts, Vallee locked the victims out of their own accounts and, in some cases, defaced the contents of the accounts, he admitted. In at least one instance, Vallee hacked into a victim’s Amazon.com account, which stored her payment information and shipping address, then ordered items of a sexual nature and had them shipped to the victim’s home. Vallee also admitted that in some instances, he obtained sexually explicit photos of the victims and their friends and distributed them to the victims, their friends and their family members. With at least one victim, Vallee created a Facebook page using an account name that was virtually identical to the victim’s real Facebook account name, with one letter misspelled, he admitted. He then posted sexually explicit photos of the victim on this fake Facebook page and issued “friend requests” to the victim, her friends and her family members, according to the plea agreement.
Vallee admitted that he repeatedly sent threatening electronic communications to his victims, usually by using spoofing or anonymizing text message services, in which he threatened his victims that unless they gave him sexually explicit photographs of themselves, he would continue with the above-described conduct. According to the admissions in the plea agreement, when most of the victims refused to comply with Vallee’s demands and begged him to leave them alone, Vallee responded with threats to inflict additional harm.
The U.S. Secret Service investigated the case with substantial assistance from the Belmont Police Department. Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen of the District of New Hampshire prosecuted the case.
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Montgomery County Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
Greenbelt, Maryland – Kevin Heiting, age 28, of Aspen Hill, Maryland, pleaded guilty on Friday, February 3, 2017, to distribution of child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HIS).
According to his plea agreement, on May 19, 2016, a federal search warrant was executed at Heiting’s residence in Silver Spring, Maryland, and law enforcement seized five hard drives, two laptop computers, a tower computer, and a cellular telephone. A forensic analysis of one of the seized hard drive revealed more than 17,913 video files and 405,071 image files, many of which depicted children, including infants and toddlers, engaged in sexually explicit conduct. A file sharing program found on Heiting’s computer revealed that Heiting shared over 100,000 files between June 8, 2014 and January 6, 2015. The analysis revealed that thousands of users connected to one of Heiting’s laptop computers and downloaded files. The analysis further showed that Heiting both received and distributed child pornography using the laptop computer.
The same afternoon that the search warrant was executed, Hieting purchased a new laptop computer. On August 4, 2016, Heiting traveled from Maryland to Central America with the laptop, which Heiting was using to run a file sharing program and to conduct online chats with minors. On Heiting’s return from Central America, the laptop was detained by officers from U.S. Customs and Border Protection and subsequently forensically examined. The analysis revealed that in addition to sharing and downloading child pornography, Heiting was communicating over the “dark web” using an encrypted web chat application, with a 14 year old boy. Enticed and persuaded by Heiting, the victim sent Heiting images of himself engaged in sexually explicit conduct.
On August 29, 2016, Heiting was indicted on federal child pornography charges and placed on pretrial release, with conditions which forbade Heiting from possessing internet capable devices. On February 1, 2017, law enforcement agents executed a search warrant at Heiting’s residence and recovered a laptop computer, two 5TB hard drives, and three USB thumb drives that had been hidden by Heiting in an air purifier cabinet. An initial forensic review of the laptop reveal that it contained a file sharing program and the encrypted deep web application that Heiting had previously used. The laptop computer had last been accessed on February 1, 2017.
As part of his plea agreement, Heiting will be required to register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Heiting and the government have agreed that if the Court accepts the plea agreement Heiting will be sentenced to between 13 and 19 years in prison. U.S. District Judge Paula Xinis has scheduled sentencing for May 16, 2017 at 10:30 a.m. Heiting is detained.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended HSI Baltimore for its work in the investigation, and thanked the Maryland State Police Internet Crimes Against Children Task Force, U.S. Customs and Border Protection – Atlanta, HSI Atlanta, and the FBI for their assistance. Mr. Rosenstein thanked Assistant U.S. Attorney Joseph R. Baldwin and Special Assistant U.S. Attorney Julie Finocchiaro, who are prosecuting the federal case.
Monmouth County, New Jersey, Nursery School Teacher, Camp Counselor Admits Receiving Sexually Explicit Images of ChildrenRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man today admitted downloading sexually explicit videos and images of children to his home computer, U.S. Attorney Paul J. Fishman announced.
James Paroline, 27, of Red Bank, New Jersey, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to Count One of an indictment charging him with receiving child pornography.
According to documents filed in this case and statements made in court:
Paroline was employed in Monmouth County as an assistant at a nursery school and as a summer camp counselor at a private school. Between Feb. 26, 2015, and March 2, 2015, Paroline accessed a website known as “PlayPen,” an underground online bulletin board and website dedicated to the advertisement and distribution of child pornography. During that period, Paroline logged into PlayPen under the username “jimbobtropolis,” which he had registered with PlayPen using his personal email address, and downloaded multiple videos and images depicting the sexual abuse of children from the website.
The count to which Paroline pleaded guilty carries a mandatory minimum term of five years in prison, a statutory maximum of 20 years in prison, and a $250,000 fine. Sentencing is scheduled for June 1, 2017.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s guilty plea. He also thanked officers of the Red Bank Police Department, under the direction of Chief of Police Darren McConnell; officers of the Middletown Police Department, under the direction of Chief Craig Weber; and detectives of the Monmouth County Prosecutor’s Office, under the direction of Prosecutor Christopher J. Gramiccioni; for their assistance.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office Criminal Division in Trenton.
Memphis Man Pleads Guilty to Armed RobberyRead the Press Release
Memphis, TN – A Memphis man has pleaded guilty to armed robbery. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the guilty plea today.
According to information presented in court, on August 18, 2016, officers with the Memphis Police Department, responded to a robbery of a Dunbar Armored courier at 2424 Summer Avenue. James Edward Lacey, Jr. pepper-sprayed and robbed the Dunbar Armored courier, taking $118,942. The courier was in the process of placing the United States currency into the truck, when Lacey approached and pepper-sprayed him.
The driver of the Dunbar Armored truck, saw the unknown subject taking the currency and fired one shot, hitting the subject on the right side of his body. After being shot, Lacey fled on foot with the Dunbar courier bag containing the money, and got into the passenger side of a black Jeep Liberty, and fled the area. Blood found at the scene and a DNA analysis by the Tennessee Bureau of Investigations (TBI) revealed Lacey’s blood.
On August 24, 2016, a Memphis Crime Stoppers tip, was received with specific information and details alleging the crime was committed by Lacey
Prior to the robbery, on August 13, 2016, Lacey was arrested for being a felon in possession of a Kel-Tec 9mm pistol. His criminal history dates back to 2008.
For the two counts, Lacey faces up to 30 year’s in prison and a $500,000 fine. Sentencing is set for May 12, 2017, before the Honorable U.S. District Judge Sheryl H. Lipman.
The case was investigated by the FBI’s Safe Street Task Force. Assistant U.S. Attorney Kevin Whitmore is prosecuting this case on the government’s behalf.
Lower Brule Woman Charged with Assault of a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Majestic Byington, age 23, was indicted on August 16, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 15, 2016, Byington assaulted, resisted, opposed, impeded, intimidated, and interfered with a Special Agent from the Federal Bureau of Investigation, while the agent was engaged in the performance of his official duties.
The charge is merely an accusation and Byington is presumed innocent until and unless proven guilty.
investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Byington was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
James St. Cloud, age 36, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, up to life of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 30, 2016, and April 16, 2016, as well as September 16, 2016, St. Cloud knowingly engaged in and attempted to engage in sexual behavior with two minor victims, one of whom was incapable of appraising the nature of the conduct, and was physically incapable of declining participation or communicating her unwillingness to engage in the sexual act.
The charges are merely accusations and St. Cloud is presumed innocent until and unless proven guilty.
investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
St. Cloud was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Long-time felon sentenced to 100 months in federal prisonRead the Press Release
United States Attorney’s Office continues to go after violent felons who possess guns and ammunition
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler announced today that an Indianapolis man with an extensive criminal history was sentenced in federal court following his conviction by a jury last fall. Ruben Mancillas, 50, was found guilty of illegally possessing ammunition stemming from his arrest for firing a handgun into the air in his east side neighborhood in the middle of the afternoon. U.S. District Judge William T. Lawrence sentenced him to 100 months (over eight years) in federal prison.
“Guns and ammunition in the hands of convicted felons, particularly those with long criminal histories, leads to much of the violence in Indianapolis,” said Minkler. “These individuals are on notice: we will catch you, take you to trial, convict you and you will go to federal prison.”
On an August afternoon in 2015, neighbors on Indianapolis’s east side witnessed Mancillas in a heated argument with his girlfriend. They called police after he belligerently fired a handgun several times into the air in the densely populated neighborhood. Hearing sirens, Mancillas fled but he was quickly apprehended by Indianapolis Metropolitan Police Department officers, who also, with the assistance of a ballistics-sniffing dog, found dozens of rounds of ammunition at the scene.
stood trial in federal court in September of last year. Both neighbors and officers testified, and the jury convicted on all charges.
Mancillas was sentenced to 100 months in federal prison in part due to his lengthy and violent criminal history. He fired the gun into the air just six weeks after being discharged from parole. Prior to this incident, had been convicted roughly 15 other times for a variety of felonies and misdemeanors. In all, over the past 35 years, Mancillas has been convicted roughly 20 times and arrested on over a dozen other occasions. This record demonstrated that Mancillas is an increasingly dangerous individual who has a complete disregard for the law. So he was sentenced accordingly.
case was investigated by the Indianapolis Metropolitan Police Department and the Federal Bureau of Investigation.
According to Assistant U.S. Attorney Nick Linder, who prosecuted this case for the government, Mancillas must serve 3 years of supervised release following his sentence
Liberian National Arrested for Perjury and Obstruction of JusticeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Isaac Kannah, 51, of Philadelphia, PA, who was charged in an October 2012 indictment with perjury and obstruction of justice, was arrested on January 10, 2017, by Immigration and Customs Enforcement, Homeland Security Investigations Special Agents in Philadelphia. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey and Trial Attorney Brenda Sue Thornton, who are handling the case, stated that the perjury and obstruction of justice charges involved alleged false testimony given by the defendant during a removal hearing of former Liberian warlord, George Boley, in May, 2011. According to the indictment, the removal proceedings centered on whether Boley had committed human rights violations during the Liberian Civil War in the 1990’s as the leader of the Liberian Peace Council (LPC), a warring and fighting faction. Boley was charged with knowingly using and recruiting child soldiers to fight in the LPC and participating in the commission of extrajudicial killings. In February 2012, Boley became the first individual to be removed from the United States for the use or recruitment of child soldiers.
During removal proceedings, Kannah appeared as a witness for Boley, providing testimony under oath to support Boley’s claims that neither he nor the LPC were involved in human rights abuses. The indictment alleges that Kannah gave false testimony on 11 different issues at the hearing, including whether the LPC used children in its armed forces, whether LPC fighters were equipped with guns, whether Boley was in the field with child soldiers, whether the LPC was a warring or fighting faction, and whether in 1994, Kannah himself coordinated the LPC’s attack on Gbarnga, Bong County, Liberia.
Kannah was arraigned before U.S. Magistrate Judge Jonathan W. Feldman and released on $25,000 bond.
The indictment and arrest are the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Lexington Man Sentenced to 10 Years for Possession with Intent to Distribute FentanylRead the Press Release
More than 120 grams of fentanyl was found in the defendant’s home
LEXINGTON, Ky. – A Lexington man, who admitted in federal court last year that he possessed and intended to distribute large quantities of fentanyl in Fayette County, has been sentenced to 10 years in federal prison.
Today, Senior U.S. District Judge Joseph M. Hood sentenced 55 year-old William Dixon for possession with intent to distribute 40 grams or more of fentanyl. Under federal law, Dixon must serve at least 85 percent of his prison sentence.
Dixon admitted last year that, in July 2016, the Lexington Police conducted a search of his residence and located 121 grams of fentanyl and 69 grams of a mixture of heroin, fentanyl, and acetyl fentanyl. Dixon had previously been convicted of possession with the intent to distribute cocaine and using a firearm in furtherance of a drug crime, in 2003.
Dixon worked for the city in the Division of Water Quality at the time of his arrest.
“The great work of our law enforcement partners at the DEA and the Lexington Police prevented an enormous amount of this very dangerous drug from being illegally distributed,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky. “Fentanyl can be lethal in the 2 mg range and the seizure in this case represents one of the largest ever in the Lexington area. This case was a significant achievement toward public safety and supports our continued efforts in combatting the opioid epidemic in our community.”
Acting U.S. Attorney Shier; Timothy J. Plancon, Special Agent in Charge of the Detroit Field Division of the Drug Enforcement Administration; and Mark Barnard, Chief of Lexington Police, jointly made the announcement.
The investigation was conducted by the DEA and the Lexington Police. Assistant U.S. Attorney Cindy Rieker prosecuted this case on behalf of the federal government.
Leesville Woman Sentenced for Mortgage FraudRead the Press Release
Contact Person: Winston Holliday (803) 929-3079
Columbia, South Carolina---- United States Attorney Beth Drake stated that Darlene Henderson, age 60, of Leesville, South Carolina, pled guilty and was sentenced today in federal court in South Carolina, for Wire Fraud, a violation of 18 U.S.C. § 1343, in connection with a mortgage fraud scheme. United States District Judge Joseph F. Anderson, Jr., of Columbia sentenced Henderson to eight months of home confinement, to be followed by five years of probation. Henderson also was ordered to pay almost $130,000 in restitution to the U.S. Department of Housing and Urban Development.
Evidence presented at the hearing established that between November 2011 and December 2013, Henderson assisted Michael Yant, who previously pled guilty to the same scheme and was sentenced to five months incarceration, commit mortgage fraud on a number of Federal Housing Administration (FHA) loans. Specifically, Yant engaged in a prohibited rent-to-own scheme, and Henderson used her position at the bank to approve these loans, despite suspicious borrower information being relayed to her. A number of these loans are now delinquent or in default.
The case was investigated by the United States Department of Housing and Urban Development, Office of the Inspector General, the United States Postal Inspection Service, and the Federal Bureau of Investigation. Assistant United States Attorney Winston Holliday of the Columbia office prosecuted the case.
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Latin King Gang Member Indicted for 2005 Murder of C.W. Post StudentRead the Press Release
A two-count indictment was unsealed today in the United States District Court in Central Islip, New York, charging defendant Jaime Rivera, a member of the Almighty Latin King and Queen Nation street gang, with the 2005 murder of C.W. Post student and basketball star Tafare Berryman, as well as a related firearms charge. The defendant is scheduled to be arraigned this afternoon before United States Magistrate Judge Steven I. Locke.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office (FBI), James J. Hunt, Special Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (DEA), and Thomas Krumpter, Acting Commissioner, Nassau County Police Department (NCPD).
“Gang violence has taken the lives of too many innocent young people with bright futures,” stated United States Attorney Capers. “This case should serve as a message to all gang members, if you engage in violent gang activity, our law enforcement partners will not stop pursuing you until you are held accountable for your actions.” Mr. Capers expressed his grateful appreciation to the FBI, DEA, and NCPD.
“The mentality that an innocent person is some sort of threat to a gang member or a gang defies logic. A student who was out having a good time, ended up in the middle of a dangerous situation and was killed for absolutely no reason. No one deserves to die because they found themselves in the wrong place at the wrong time. The FBI Long Island Safe Streets Task Force and our law enforcement partners never gave up and continued to work this case to charge the shooter and now he will be held accountable,” stated Assistant Director-in-Charge Sweeney.
DEA Special Agent in Charge James Hunt stated, “Our job in law enforcement is to bring criminals to justice. By joining forces with the U.S. Attorney’s Office for the Eastern District of New York, Nassau County Police Department and Federal Bureau of Investigation, we identified and arrested the person allegedly responsible for murdering Tafare Berryman, who was tragically taken away from his family and friends 12 years ago. Drug-related violence is just one more casualty of drug trafficking that shatters families and ends lives.”
“Today's announcement is the culmination of an extensive investigation that was worked on collaboratively by numerous law enforcement investigative agencies. Protecting the public is our number one priority and today’s indictment of defendant Rivera was of the utmost importance,” stated Acting Commissioner of Police Krumpter.
As detailed in the indictment and the government’s detention letter filed earlier today, on April 2, 2005, Rivera and other Latin King gang members were present at La Mansion bar and nightclub located at 3942 Long Beach Road, N. Long Beach. Also present at the club were numerous C.W. Post students, including Tafare Berryman and some of his friends, who were celebrating the successful presentation of a fashion show that had taken place at Post earlier that evening. At least one incident occurred inside of the club between some gang members and one of the Post students, which later spilled out into a parking lot across from the club.
At approximately 5:00 a.m. on April 3, 2005, Berryman and a friend exited the club and observed several fights occurring in the parking lot. While walking to their car, Berryman’s friend was hit in the head with a bottle causing a laceration. Berryman and his friend then entered a car and drove away. Several blocks from the club, Berryman’s friend, who was driving, pulled the car over to the side of the road to tend to the laceration on his head which was bleeding profusely. At that point, Rivera pulled up alongside of the parked car and shot Berryman once, killing him because Rivera mistakenly believed that Berryman and his friend were involved in the prior altercation in the parking lot and were a threat to the Latin Kings.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted of the charges in the indictment, Rivera faces mandatory life in prison and is eligible for the death penalty.
The government’s case is being handled by the Office’s Long Island Criminal Section. Assistant United States Attorney Lara Treinis Gatz is in charge of the prosecution.
The Defendant:
Jaime Rivera
Age: 32Freeport, New York
E.D.N.Y. Docket No. 17-50 (SJF)(SIL)
Kansas Store Owner, Customer Sentenced for Federal Firearms ViolationsRead the Press Release
WICHITA, KAN. B A Kansas store owner and a customer were sentenced Monday for violating the National Firearm Act, U.S. Attorney Tom Beall said.
Shane Cox, 45, Chanute, Kan., owner of an Army surplus store in Chanute called Tough Guys, was sentenced to two years on probation and ordered to pay an $800 special assessment. In November, a federal jury convicted him on the following charges:
Unlawful possession of an explosive device not registered in the National Firearms Transfer Record (counts two and four).
Unlawful possession of an unregistered firearm, short barreled rifle (count three).
Unlawful transfer of an unregistered silencer (counts six, seven, eight, nine and 11).
Making an unregistered silencer (count 10).Engaging as a dealer and manufacturer of silencers without paying a federal occupational tax (count 12).
Unlawful possession of an unregistered silencer (count 13).
Co-defendant Jeremy Kettler, 28, Chanute, Kan., was sentenced to one year on probation and ordered to pay a $100 dollar special assessment. In November, a jury convicted him on one count of unlawful possession of an unregistered silencer (count 13).
During trial, the government presented evidence that Cox manufactured silencers and sold them without registering them. Prosecutors also presented evidence that Cox possessed explosive devices that were not registered.
Beall commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Justice Department Reaches Agreement with City of Philadelphia to Resolve Disability Discrimination ComplaintRead the Press Release
The Justice Department filed a proposed consent decree today to resolve a complaint that the city of Philadelphia discriminated against an employee with a disability when it terminated the employee rather than reassign him to a vacant position for which he was qualified, in violation of the Americans with Disabilities Act (ADA).
According to the department’s complaint, the employee, who worked for the city as a sanitation worker, was terminated from his position after he had a heart attack and his doctor placed him under a 20-pound lifting restriction, which prevented him from continuing as a sanitation worker. Although the employee made several requests for reassignment and the city had numerous vacant positions, the city failed to consider the employee for reassignment to a different position for which he was qualified. Instead, the city terminated the employee because of his disability.
The proposed consent decree, which is subject to approval by the U.S. District Court for the Eastern District of Pennsylvania, requires the city’s streets department to revise its policies to ensure that reassignment is considered as a reasonable accommodation for employees with disabilities, train relevant employees on the ADA and report to the Justice Department on implementation of the decree. The city will also offer to reinstate and reassign the employee to an open position for which he is qualified and will pay the employee a total of $90,000 for back pay, accrued interest and compensatory damages. This matter was based on a referral from the Equal Employment Opportunity Commission’s Philadelphia Area Office, which completed the initial investigation of the facts.
“Firing an employee because of a disability in these circumstances constitutes discrimination and violates the ADA,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Just because an employee’s disability prevents them from working in one position does not disqualify them from working successfully in a different position. We commend the city of Philadelphia for agreeing to revise its policies and offering to reinstate the former employee.”
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
City of Philadelphia Consent DecreeJefferson County man sentenced for unlawful possession of a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – Norman Charles Hilbert, 49, of Harpers Ferry, West Virginia was sentenced in federal court today to twelve months incarceration for illegally possessing a firearm, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Hilbert, who was previously convicted of a felony in Connecticut, was discovered in possession of a .45 caliber pistol in Jefferson County, West Virginia. He pled guilty to one count of “Felon in Possession of Firearm,” in November 2016.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Maryland Police Department, the Charles Town Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Huntington man sentenced to federal prison for role in multistate drug ringRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who participated in a multistate drug ring was sentenced today to a year and a day in federal prison, announced United States Attorney Carol Casto. Roy Bills, 51, previously pleaded guilty to conspiracy to distribute marijuana.
Between the summer of 2014 and May 2016, Bills conspired with multiple individuals, including Corey Bruce Toney, to distribute marijuana in the Huntington area. Toney frequently acquired quantities of marijuana from a source in California and arranged for the marijuana to be shipped by courier or transported to Huntington. Bills traveled to California on at least two occasions to transport marijuana for the drug ring. Bills admitted that in October 2015, he transported 100 pounds of marijuana, and in March 2016, he transported 80 pounds of marijuana, in both instances from California to Huntington. Bills provided the marijuana to Toney in Huntington for Toney and others to distribute.
Toney was sentenced to 10 years and three months in federal prison in January 2017, after pleading guilty to distributing heroin. Toney admitted that he conspired with others to distribute large quantities of drugs in the Huntington and Charleston areas, including heroin, crack, marijuana, and Xanax.
These prosecutions arose out of a long-term investigation led by the Drug Enforcement Administration, with assistance from the West Virginia State Police, the Putnam County Sheriff’s Department, the Huntington Police Department, the Huntington FBI Drug Task Force, the Ohio Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service.
In addition to Bills and Toney, eight other defendants have been convicted for their roles in this drug ring. Sean Lee Braggs, Samuel E. Nelson, III, Deandra Sheen Jones, and Atari Seantay Brown have all pleaded guilty to federal drug charges and are awaiting sentencing. Arthur James Canada was sentenced to three years and 10 months in federal prison, Matthew Michael Meadows was sentenced to a year and a half in federal prison, Parker Wyatt Mays was sentenced to a year and a day in federal prison, and Tanisha Lynette Wooding was sentenced to a year and a half in federal prison for their respective roles in the conspiracy.
Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentence and is presiding over these cases.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Huber Heights Man Sentenced for Possessing Child PornographyRead the Press Release
DAYTON – Richard C. Webber, 54, of Huber Heights, Ohio, was sentenced in U.S. District Court today to serve 24 months in prison and 10 years of supervised release for possession of child pornography.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division and Montgomery County Sheriff Phil Plummer announced the sentence handed down today by U.S. District Judge Walter H. Rice.
Webber was charged on March 25, 2016 in a bill of information and pleaded guilty on May 9, 2016. According to court documents, Webber used “Peer-to-Peer” software and file-sharing programs and applications to obtain, download, view, possess with intent to distribute, share and transfer child pornography.
Webber possessed videos depicting child pornography on a shared file folder on his home desktop computer and various storage devices in his home in Huber Heights. Upon executing a search warrant, investigators discovered more than 1,200 pictures and 170 video files of child pornography, including those depicting prepubescent minors.
Webber’s sentence includes a requirement that he register as a sex offender anywhere that he lives, works or attends school. He was also ordered to pay restitution and forfeit various computers and computer media.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Montgomery County Sheriff’s Office, as well as Assistant United States Attorney Andrew J. Hunt and First Assistant United States Attorney Vipal Patel, who represented the United States in this case.
Hogansburg Man Sentenced to 16 Months for Obstructing a Vessel BoardingRead the Press Release
ALBANY, NEW YORK – Abraham C. Lazore, age 37, of Hogansburg, New York, was sentenced today to serve 16 months in prison for his obstruction of a vessel boarding.
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, Lazore admitted that on September 3, 2016, as Border Patrol Marine Unit agents were attempting to board his vessel for an inspection, he engaged the throttle of his boat while a bowline from his boat became wrapped around an agent’s arm, which could have dragged that agent overboard. Another agent was able to stop Lazore from driving away, and no one was injured.
“You could’ve killed one or more federal agents. I take it seriously when federal agents are exposed to this conduct,” U.S. District Judge Mae A. D’Agostino told Lazore before issuing the sentence, which also included 3 years of post-imprisonment supervised release.
Agents stopped Lazore because they had observed him enter U.S. waters from Canada on the St. Lawrence River at approximately 12:25 a.m. without any navigation lights.
This case was investigated by the United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.