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3 February 2017
Alton Cocaine Dealer Sentenced to 151-Months ImprisonmentRead the Press Release
Courtney Hayes, 35, was sentenced today by U.S. District Court Judge Michael J. Reagan to 151 months in federal prison for one count of possession with the intent to distribute cocaine, U.S. Attorney Donald S. Boyce for the Southern District of Illinois announced. Hayes will also be subject to three years of supervised release to follow the prison term and $100 in special assessment fees.
Facts revealed in open court at the sentencing and plea hearings established that Hayes distributed nearly seven kilograms of cocaine throughout the latter half of 2015. After considering many factors, such as the serious nature of drug crimes in the area, Judge Reagan sentenced Hayes to 151 months of imprisonment.
Officers with the Alton Police Department investigated this case and Assistant United States Attorney Derek J. Wiseman prosecuted the case.
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2 February 2017
Wilmington Company is Sentenced for Environmental CrimesRead the Press Release
Del. – Charles M. Oberly, III, United States Attorney for the District of Delaware, announced that International Petroleum Corporation of Delaware (“IPC’) was sentenced today by United States District Court Judge Gregory M. Sleet to a $1,300,000 fine and $2,200,000 restitution to the City of Wilmington for environmental crimes, including a conspiracy to violate the Clean Water Act.
According to court documents and statements made in court, from 1992 through 2012 IPC operated a facility, located at 505 South Market Street in Wilmington, Delaware, which processed used oil and hydrocarbon-containing waste water and then sold the reprocessed petroleum to various companies for reuse. The facility had two components: oil recovery and waste water treatment. The facility’s petroleum processing activities generated waste water, which the company treated at its waste water portion of the facility prior to discharge into a sewer along Market Street owned by the City. It issued IPC a federally-enforceable Clean Water Act pretreatment permit which governed the types and concentrations of pollutants which IPC could discharge into the City’s sewer system. The pretreatment permit required IPC to take “representative” samples of its waste water on a monthly basis, to determine if it was complying with its permit limitations, and report its sampling results the City every six months.
IPC admitted that its monthly samples were not representative, as it tampered with, and rendered inaccurate, monitoring methods and a monitoring device required by the Clean Water Act and IPC’s federally-enforceable pretreatment permit.
IPC further admitted to violating the Resource Recovery and Conservation Act (“RCRA”) by transporting hazardous waste without a hazardous waste manifest. In June and July 2012, IPC trucked to South Carolina for disposal sludge (“tank bottoms”) which IPC had removed from its storage tanks. The tank bottoms contained concentrations of benzene, barium, chromium, cadmium, lead, tetrachloroethene (also known as “PCE”), and trichloroethene (also known as (“TCE”), which each served to classify the material as RCRA regulated hazardous waste.
"Industrial wastewater can pose serious threats to public health and the environment, so it’s imperative that companies honestly treat and dispose of it properly and sample and report pollutant concentrations honestly,” said U.S. Attorney for the District of Delaware Charles M. Oberly III. “Likewise, companies must handle hazardous waste properly to ensure its proper treatment and disposal. The Department of Justice and EPA are committed to protecting human health and the environment for all Americans through strong enforcement of environmental laws, especially in environmental justice areas. This conviction and sentence ensures that the defendant is held accountable with a criminal fine, and pays substantial restitution to the City of Wilmington.”
This case was investigated by EPA’s Criminal Investigation Division. The City of Wilmington Department of Public Works and the DNREC Solid & Hazardous Waste Management Section assisted in the investigation. IPC, through its parent company which purchased the Wilmington plant after the crimes to which IPC pled guilty occurred, cooperated with the investigation.
The case was prosecuted by Special Assistant U.S. Attorney Martin Harrell, EPA Region 3, and Assistant U.S. Attorney Edmond Falgowski from the U.S. Attorney’s Office for the District of Delaware.
West Haven Man Sentenced to 3 Years in Federal Prison for Illegally Possessing FirearmsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROHAN A. JAMES-DENNIE, JR., 22, of West Haven, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 36 months of imprisonment, followed by three years of supervised release, for illegally possessing firearms.
According to court documents and statements made in court, on November 1, 2015, a Connecticut State Trooper stopped a vehicle that JAMES-DENNIE was operating erratically in Essex. A subsequent search of the vehicle revealed a .380 caliber handgun with a hollow point bullet in the magazine of the weapon, approximately one-half kilogram of marijuana and more than $3,400 in cash. The firearm had been reported stolen during a residential burglary in 2013.
On January 12, 2016, West Haven Police stopped a vehicle that JAMES-DENNIE was operating. A search of the vehicle and JAMES-DENNIE’s person revealed a .22 caliber handgun loaded with six rounds of ammunition, more than 200 grams of marijuana and nearly $5,000 in cash. The firearm’s serial number was partially obliterated.
JAMES-DENNIE was arrested on state charges in both of these instances and was released on bond.
On July 7, 2016, the Connecticut Intelligence Center (CTIC) issued a statewide “Officer Safety” notification regarding JAMES-DENNIE after a post on JAMES-DENNIE’s Facebook page included “We need to just start shooting cops RS that’s the only way…100100.”
JAMES-DENNIE was arrested the following day in East Haven on a federal criminal complaint charging him firearm and drug offenses. At the time of his arrest, he had $3,500 in cash and three grams of marijuana in his pocket. A search of an apartment connected to JAMES-DENNIE revealed an additional 17 grams of marijuana and a laser attachment for a gun.
JAMES-DENNIE has been detained since his federal arrest. On October 11, 2016, he pleaded guilty to one count of possession of a firearm by an unlawful user of a controlled substance.
This matter was investigated by the FBI’s New Haven Safe Streets Task Force, Connecticut State Police, West Haven Police Department and East Haven Police Department. The FBI Task Force includes participants from the New Haven, Hamden and Milford Police Departments, the Connecticut State Police and the State of Connecticut Department of Correction.
U.S. Attorney Daly thanked the assistance and cooperation of the State’s Attorneys for the Judicial District of Middlesex and the Judicial District of Ansonia/Milford.
This case was prosecuted by Assistant U.S. Attorney Tracy Lee Dayton.
Washington, Pa., Sex Offender Sentenced to Prison for Failure to RegisterRead the Press Release
PITTSBURGH - A resident of Washington, Pennsylvania has been sentenced in federal court to 24 months’ imprisonment on his conviction of Failure to Register as a Sex Offender, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence on Clayton Mitchell, 32, of Washington, Pennsylvania.
According to information presented to the court, from October 23, 2015 to February 16, 2016, Mitchell, who had been convicted of the felony sex offense of Rape in 2010, failed, as required, to register and update a registration under the Sex Offender Registration and Notification Act while he was residing in Washington County.
Assistant United States Attorney Shaun E. Sweeney prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the United States Marshals Service for the investigation leading to the successful prosecution of Clayton Mitchell.
Warren County, New Jersey, Tax Preparer Charged with Tax Fraud and Defrauding BanksRead the Press Release
NEWARK – A Warren County, New Jersey, tax preparer was arrested this morning and charged with allegedly filing false returns on behalf of his clients and misappropriating clients’ funds, U.S. Attorney Paul J. Fishman announced.
Brian Allen Day, 54, of Port Murray, New Jersey, was indicted by a federal grand jury on four counts of aiding and assisting in the filing of false individual income tax returns for clients and four counts of defrauding banks by misappropriating clients’ funds based on misrepresentations about their purported tax payments owed to the IRS and by altering checks they paid to him for the purported tax liabilities and depositing the checks in his business bank accounts. He will appear this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court.
According to the indictment:
Day is self-employed as a tax preparer and has various tax preparation businesses in New Jersey, such as PTS, Tax Consultants, and Tax Consultants LLC. For the tax years 2013 to 2015, Day prepared false individual income tax returns for various clients by fabricating and inflating expenses and deductions on Schedule A or supplemental loss deductions on Schedule E of their Form 1040s in order to obtain refunds in amounts greater than those to which they were entitled. The total amount of false deductions and expenses charged in the indictment is $383,773.
Additionally, from December 2011 through April 2015, Day misappropriated some of his taxpayer clients’ monies by falsely advising them that they owed certain tax payments to the IRS; directing his clients to give him checks made payable to the IRS to resolve these purported liabilities with the IRS; altering the checks made payable to the IRS to make them appear to be payable to Day’s tax preparation businesses; and then depositing the checks into his business bank accounts without making any payment to the IRS on behalf of the clients. By doing so, Day defrauded the financial institutions from which these checks were drawn. Day presented his clients with fraudulent documents purportedly issued by the IRS falsely stating that it had received payments for the purported liabilities. Day misappropriated $61,000 from his clients.
Each count of aiding and assisting in the filing of false tax returns carries a maximum potential penalty of three years in prison and a fine of $250,000 or twice the gross pecuniary gain or loss from the fraud. The bank fraud charges each carry a maximum potential penalty of 30 years in prison and a fine of $1 million.
U.S. Attorney Fishman credited special agents of the IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; and special agents of the U.S. Treasury Inspector General for Tax Administration (TIGTA) under the direction of Rodney A. Davis, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Jihee G. Suh of the General Crimes Unit in Newark.
Anyone who believes they may have been a victim of this defendant can contact IRS-Criminal Investigation at (732) 761-6439.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Defense Counsel: Assistant Federal Public Defender Lisa Mack Esq., Newark
Uvalde Man Sentenced to Maximum 20 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
In Del Rio yesterday afternoon, 35-year-old Juan Ramon Gutierrez of Uvalde, TX, was sentenced to the statutory maximum of 20 years in federal prison for receipt of child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
In addition to the prison term, United States District Judge Alia Moses ordered that Gutierrez pay a $2,000 fine and be placed on supervised release for a period of ten years after completing his prison term.
On March 31, 2016, Gutierrez pleaded guilty to the federal charge. By pleading guilty, Gutierrez admitted that he was in possession of child pornography which he downloaded using the internet. These images showed minors engaged in sexually explicit conduct and also portrayed sadistic sexual conduct towards minors.
On June 27, 2014, HSI agents obtained a search warrant for the defendant’s cellular phone. Approximately two weeks later, authorities seized the defendant’s laptop computer. Subsequent examinations of the seized laptop and cell phone revealed the presence of 228 images and a video clip depicting child pornography.
This investigation was conducted by HSI together with the Uvalde County Sheriff’s Office. Assistant United States Attorneys Goran Krnaich and Matthew H. Watters prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Union Official Sentenced to Prison for Stealing over $1 MillionRead the Press Release
NORFOLK, Va. – Robert Smith, III, 49, of Virginia Beach, was sentenced today to 41 months in prison for a decade-long scheme to defraud the International Longshoremen’s Association (ILA) Local 970 of over $1 million. Smith was also sentenced to three years of supervised release and ordered to pay restitution to the union in the amount of $1,072,669.10.
Smith pleaded guilty on Oct. 14, 2016. According to court documents, Smith served as the Business Agent and the Financial Secretary for ILA, Local 970. Local 970 is a union whose members provide qualified labor to the Port of Virginia. From March 2006 through April 2016, Smith devised a scheme to embezzle funds from the Local 970 bank accounts. Specifically, Smith deposited new member initiation fees and member dues received from local employers into an ILA Bank account, and then used those funds for his own personal purposes. Over a period of 10 years, Smith stole approximately $1,072,669.10 of union funds. withdrew over $700,000 in cash to support his drug habit, paid his personal credit card bills, and used the funds to purchase gas, food, clothing, shoes, toys, entertainment, and home improvement supplies.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; Robin Blake, Special Agent-in-Charge of the Washington, D.C. Regional Office, U.S. Department of Labor, Office of Inspector General; and Mark Wheeler, District Director of the Washington District Office of the Department of Labor, Office of Labor-Management Standards, made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorney Melissa E. O’Boyle prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-134.
U.S. Man Residing in Costa Rica Pleads Guilty for Role in Two Separate Multi-Million Dollar Fraud SchemesRead the Press Release
Defendant Charged in Connection with $10 Million Offshore Sweepstakes Fraud Ploy, $2.5 Million High-Yield Investment Scheme
A U.S. man residing in Costa Rica pleaded guilty today for his role in two separate schemes. One scheme was a $10 million “sweepstakes scheme” that targeted elderly U.S. residents, and the other was a $2.5 million high-yield investment fraud scheme, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina.
Kristian Francis Sierp, 45, formerly of Boca Raton, Florida, pleaded guilty in two cases before U.S. Magistrate Judge David S. Cayer of the Western District of North Carolina. Sentencing is set for June 19 before Chief U.S. District Judge Frank D. Whitney of the Western District of North Carolina.
In the first case, which charged Sierp with participating in a $10 million telemarketing sweepstakes scheme, Sierp pleaded guilty to one count of conspiracy to commit mail and wire fraud, one count of mail fraud and one count of conspiracy to commit money laundering.
As part of his guilty plea, Sierp admitted that from approximately January 2011 through September 2015, he worked in various illegal Costa Rican call centers belonging to co-conspirator Elliot Rosenberg, where they placed telephone calls to U.S. residents, falsely informing them that they had won a substantial cash prize in a “sweepstakes.” The victims, many of whom were elderly, were told that in order to receive the prize, they had to pay for a purported “refundable insurance fee,” Sierp admitted. Sierp further admitted that after he received victims’ money for an initial fee, he would contact the victims again to demand additional purported fees to cover even larger promised prizes.
Sierp further admitted that he and his co-conspirators continued their attempts to collect additional money from a victim until that victim either ran out of money or discovered the fraudulent nature of the scheme. To further their fraud and mask that they were calling from Costa Rica, Sierp and his co-conspirators often falsely claimed that they were calling on behalf of a U.S. federal agency and utilized voice over internet protocol (VoIP) phones that displayed a 202 area code, giving the false impression that they were calling from Washington, D.C., he admitted.
In the second case, which charged Sierp with engaging in a high-yield investment fraud scheme, Sierp pleaded guilty to one count of conspiracy to commit mail and wire fraud.
As part of his guilty plea in this case, Sierp admitted that he worked with co-conspirators since at least January 2016 to sell stock in Niyato Industries Inc., a Nevada corporation purportedly operated from Charlotte. Sierp admitted that he and his co-conspirators falsely marketed Niyato as a manufacturer of compressed natural gas (CNG) automobiles and a distributor of CNG fuel that had patented technology, valuable contracts and high-profile executives.
Sierp also admitted that he and his co-conspirators falsely sold investors on a promise that Niyato was planning an imminent stock IPO that would reap pre-IPO investors a tenfold return on their investments. In truth, Sierp admitted, he and his co-conspirators knew that Niyato had no facilities, products, patents or plans for an imminent IPO, but rather was merely a vehicle for inducing investor funds. Sierp further admitted that he made all investor sales using a fake name from a telemarketing call center that he owned and operated in Costa Rica.
The U.S. Postal Inspection Service, FBI, Internal Revenue Service Criminal Investigation, Federal Trade Commission and Department of Homeland Security’s Homeland Security Investigations investigated the cases. Trial Attorneys William Bowne and Gustav Eyler of the Criminal Division’s Fraud Section are prosecuting the cases.
Two Virgin Islands Women Indicted on Tax Related ChargesRead the Press Release
St. Croix, USVI – A Virgin Islands grand jury, on January 12, 2017, returned a 12- count indictment against two Virgin Islands women charging them with conspiracy to defraud the United States, theft of government property and aggravated identity theft, United States Attorney Ronald W. Sharpe announced. The women were identified in the indictment as Phiona A. Henry, 32, and Patricia Henry, 48. Patricia made her initial appearance on January 20, 2017, before Magistrate Judge George W. Cannon in St. Croix. Phiona made her appearance on February 1, 2017, before Magistrate Judge Thomas Smith in Orlando, Florida. Patricia was released pending trial, and a detention hearing is scheduled for Phiona tomorrow in Orlando.
The 12-count indictment is the result of years of investigative work by the Internal Revenue Service, Criminal Investigations conducting a probe into a massive stolen identity refund fraud scheme perpetrated in the Virgin Islands and elsewhere. According to the indictment, the scheme involved the filing of numerous false income tax returns, the use of the identification of others and the designation of illegal refunds to the defendants’ bank accounts. The scheme resulted in the payment of illegal income tax refunds totaling over $100,000, according to the indictment.
If convicted, the defendants face maximum sentences of ten years in prison and a $250,000 fine for the conspiracy and theft of government property offenses. Additionally, they face a mandatory sentence of two years’ imprisonment if convicted of aggravated identity theft.
The case was investigated by the Internal Revenue Service, Criminal Investigations and is being prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.
United States Attorney Sharpe emphasized that an indictment is a merely a formal charging document and not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Two New York Residents Plead Guilty to Conspiring to Illegally Dispense and Administer Cosmetic Prescription Drugs, Import Misbranded Drugs, and Smuggle CashRead the Press Release
HONOLULU – Bu Young Kim, age 40, and Chan Hui Cho, age 40, residents of Brooklyn, New York, entered pleas of guilty on January 25 in the United States District Court for the District of Hawaii to the charge of conspiring to dispense and administer cosmetic drugs and treatment without being a licensed medical professional; import misbranded drugs contrary to law; and smuggle $79,986 in cash from the United States to South Korea. The defendants face a maximum penalty of five years imprisonment and a fine of $250,000 when they are sentenced on July 13, 2017 by U.S. District Judge Leslie E. Kobayashi.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that according to court documents and information presented in court, Kim and Cho regularly traveled to the Republic of Korea for the purpose of obtaining prescription drugs with the intent of administering them to persons in Hawaii and elsewhere to minimize the appearance of wrinkles and other signs of aging. Upon acquiring prescription drugs from sources in Korea, Kim dispensed such products in the United States, including in Hawaii, to individuals seeking facial cosmetic and "filler" type treatments and procedures, along with other facial, appearance and health enhancement benefits. Neither Kim nor Cho had any formal medical or pharmaceutical education or training, and neither was licensed to practice medicine or to provide any form of medical treatment to patients. Kim and Cho charged between $100 and $500 per session, and administered their treatments to large numbers in locations such as personal residences and businesses.
Information presented in Court also revealed that that products obtained, dispensed and/or administered to individuals in Hawaii by Kim contained active pharmaceutical ingredients requiring a prescription. These products included, but were not limited to: Dysport, a prescription injection for cosmetic improvement similar to "Botox"; Lidocaine, a numbing agent; Liporase Injectible Hyaluronidase, an injectable spreading substance used to encourage the dispersion and absorption of fillers; substances containing betamethasone, a corticosteroid used to alleviate inflammation and treat severe skin conditions; substances containing dexamethasone, another corticosteroid; and substances containing triamcinolone acetonide, a topical and injectable corticosteroid.
Information presented in Court also showed that Kim and Cho were interdicted by U.S.
Customs and Border Protection inspectors in Honolulu, Hawaii on in March 2016 attempting to smuggle $79,986 on their persons and luggage concealed in sanitary napkin containers. In addition, another $86,461 in U.S. currency seized during a search of Kim and Cho’s Queens, New York residence was forfeited to the government.
The case was investigated by the Homeland Security Investigations and the Food and Drug Administration. The case was prosecuted by Assistant U.S. Attorneys Ken Sorenson and Amalia Fenton.
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Three people sentenced to prison for bank robbery, kidnapping and hostage situation in Richland CountyRead the Press Release
Three people were sentenced to prison for their roles in a 2015 bank robbery, kidnapping and hostage situation, said U.S. Attorney Carole S. Rendon and FBI Special Agent in Charge Stephen D. Anthony.
Taylor Crisman, 19, of Galion, was sentenced to 37 years in prison.
Chris Hill, 24, of Galion, was sentenced to 25 years in prison.
Sarah J. Garrett, 42, of Bucyrus, was sentenced to 2 ½ years in prison.
Crisman broke into the home of the manager of the KeyBank branch in Ontario and held his family hostage at gunpoint on Nov. 5, 2015. The manager came home later that evening and was also held hostage overnight, according to court documents and testimony.
On the morning of November 6, 2015, Crisman, in consultation with Hill, ordered the manager to travel to the bank on Lexington-Springmill Road, remove a large sum of money from the vault and return home. The suspect held the bank employee’s wife and small children hostage until he returned home with the money, according to court documents and testimony.
Crisman then notified Hill to pick him up from home, which he did. Crisman, Hill and Garrett counted the money later that evening, according to court documents and testimony.
Garrett worked at Marion County Family Court. She used her position to improperly search the Ohio Law Enforcement Gateway and provide the robbers with the address of the bank manager, according to court documents and testimony.
“These defendants deserve every single day of these prison sentences,” Rendon said. “They terrorized an innocent family all for greed. The victims in this case are to be commended for the bravery and grace they showed in court today and in the aftermath of this unprovoked attack.”
“We are very pleased with the sentences given to these defendants today,” Anthony said. “The FBI hopes these lengthy prison sentences send a clear message to anyone considering committing such heinous acts -- think again and don't do it.”
The defendants stole $194,845 from the bank. Authorities recovered $171,058. U.S. District Judge Donald C. Nugent ordered the defendants to pay the remaining $23,787 in restitution.
Crisman and Hill were found guilty of bank robbery, kidnapping, hostage taking and brandishing a firearm in relation to commission of a felony, among other crimes.
Garrett pleaded guilty to receipt of ransom money and misprision of a felony.
This case was prosecuted by Assistant U.S. Attorneys Linda Barr and Benedict Gullo following an investigation by the FBI, the Ontario Police Department and the Richland County Sheriff’s Office.
Three Individuals Indicted on Various Drug, Gun and Sex Trafficking ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has indicted Valentino Shine, Sr., 49, of Buffalo, NY, on charges of narcotics conspiracy, using and maintaining a drug-involved premises, possession of cocaine with intent to distribute, and commercial sex trafficking. The charges carry a maximum penalty of 20 years and a $1,000,000 fine. In addition, co-defendant Jesse Lewis, 46, is charged with narcotics conspiracy, using and maintaining a drug-involved premises, possession of cocaine with intent to distribute, being a felon possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime, which is punishable by a mandatory minimum five years in prison, a maximum of 20 years, and a $1,000,000 fine. Also, Brittany Wieand, 25, of Buffalo, is charged with commercial sex trafficking, which carries a penalty of up to 15 years in prison.
Assistant U.S. Attorneys Trini E. Ross and Patricia Astorga, who are handling the case, stated that according to the indictment and a previously filed complaint, during the execution of a search warrant at Shine’s residence, law enforcement officers recovered crack cocaine and other drug paraphernalia. It is also alleged that Shine and Wieand ran a sex trafficking operation out of their Humboldt Parkway residence. The defendant provided or withheld drugs to coerce the victims to engage in commercial sex acts.
On September 30, 2016, a search warrant was executed at the residence of Jesse Lewis on North Ogden Street in Buffalo. Officers recovered cocaine, other drug paraphernalia, and a firearm. Subsequently, on October 31, 2016, Niagara Frontier Transportation Authority police officers pulled over a car being driven by Lewis with Shine in the passenger seat. Officers recovered multiple bags of cocaine packaged for sale. In addition, Lewis and Shine each had $1,000 in cash.
Shine, Wieand, and Lewis are all being detained.The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
The fact that defendants have been charged with crimes are merely accusations and defendants are presumed innocent until and unless proven guilty.
Texas Syndicate Member Pleads Guilty to His Leadership Role in Methamphetamine, Cocaine and Marijuana Distribution ConspiracyRead the Press Release
LUBBOCK, Texas — Cruz Perez, a/k/a “Travieso,” 40, appeared in federal court yesterday and pleaded guilty before U.S. Magistrate Judge D. Gordon Bryant to his role in a methamphetamine, cocaine and marijuana distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Perez, a member of the Texas Syndicate, faces a statutory penalty of not less than five years nor more than 40 years in federal prison and up to a $5 million fine. A sentencing date was not set.
Perez and eight other west Texas residents, including three other members of the Texas Syndicate, were arrested in early June 2016 by special agents with the Drug Enforcement Administration (DEA) and the Texas Department of Public Safety, with assistance from the Big Spring, Sundown and Levelland Police Departments, the Howard County and Lubbock County Sheriff’s Offices, the U.S. Marshals Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Perez is the lead defendant in the case, and he is the last defendant charged in the case to plead guilty to his role in the conspiracy. Other defendants charged and convicted include:
Christopher Lee Gonzalez, aka “Gonzo,” 43
Victor Manuel Castillo, aka “Victor Manuel Garza,” 43
Christopher David Gonzales, aka “Chris,” 41
Evan Cruz Parson, aka “Evan,” 21
Alexander Alfonzo Mendoza, aka “Alex,” 20
Jose Gutierrez, III, aka “Baby Joey,” 21
Jasmine Pillar Hernandez, aka “Crazy,” 32
Crystal Dimas, aka “Babe,” 28According to plea documents filed in Perez’s case, on October 3, 2015, Perez distributed and possessed with the intent to distribute 50 grams or more of methamphetamine. The investigation revealed that late that morning, Perez called Christopher Lee Gonzales and discussed Gonzales obtaining a quantity of methamphetamine from Perez. Perez advised that he’d have his nephew, Jose Gutierrez, III, bring it to Gonzales. At approximately 12:05 p.m., Perez called Gutierrez and told him that he needed to come back to Lamesa, Texas. Perez then texted/called Alexander Mendoza, who stored the methamphetamine for Perez, and instructed Mendoza to bring “The two that were left and the one that you got yesterday” and “also another 9.” At approximately 5:55 p.m., Perez and Gonzales discussed that Gonzales owned Perez approximately $21,000 for past drugs and that Gonzales was having trouble selling Perez’s methamphetamine because other dealers were selling a better quality methamphetamine for a cheaper price. Perez and Gonzales then discussed where to do the drug transaction.
Special agents with the DEA who were conducting surveillance in Lamesa observed a 2003 Chevrolet Tahoe, known to be driven by Gutierrez, traveling toward Lubbock. Agents maintained surveillance until approximately 8:35 p.m. when a Texas Highway Patrol trooper stopped Gutierrez in Lubbock and found he was transporting approximately 500 grams of methamphetamine.
That evening, Gutierrez’s wife called Perez and told him that “Joey” texted her at 8:40 p.m., saying that he got “pulled over in Lubbock.” She called Perez and told him, “He went to jail.” When she called Perez at 9:19 p.m. and told him, “he got caught,” Perez asked, “With it? With the stuff?” She responded affirmatively. At approximately 9:11 p.m., Perez called Parson and told him, “Baby Joey went to jail,” referring to Gutierrez being arrested with the methamphetamine. Then, at approximately 9:23 p.m., Perez called Gonzales and told him, “He didn’t make it,” referring to Gutierrez being arrested with the methamphetamine.
The investigation is being led by the Texas Department of Public Safety and the DEA. Assistant U.S. Attorneys Juanita Fielden and Sean Long are prosecuting the case.
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Texas Doctor Sentenced in Prescription Drug ConspiracyRead the Press Release
SHERMAN, Texas – A Dallas physician has been sentenced to federal prison for conspiracy to sell illegal prescriptions in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Habiboola Niamatali, 75, of Dallas, was found guilty by a jury in July 2016 of conspiracy to distribute Hydrocodone, Alprazolam, and Promethazine with Codeine outside the usual course of professional practice and without a legitimate medical purpose. Niamatali was sentenced to 78 months in federal prison today by U.S. District Judge Marcia Crone. Niamatali was also ordered to pay a $50,000 fine.
According to information presented in court, Niamatali used his medical clinics in Garland and Lancaster to sell illegal prescriptions for cash. The defendant attempted to cover up his scheme by ordering his staff to falsify medical records. Niamatali was indicted by a federal grand jury on July 10, 2013.
Before the trial, the staff members who falsified the records, Esmeralda Lozada and Lisa Tumlinson, pleaded guilty to conspiracy and were sentenced respectively to 16 months and 10 months in prison. Additionally, the physician’s wife, Shirley Niamatali, admitted that she knew about the conspiracy, pleaded guilty to misprision of a felony, was sentenced to 3 years of probation, and fined $20,000.
“’Do no Harm,’ the Hippocratic Oath adhered to by all but a few physicians, remains as sacred today as it was centuries ago,” said Acting U.S. Attorney Brit Featherston. “Dr. Niamatali chose to violate the oath, and his duty as a physician, by choosing to harm others by prescribing unwarranted drugs.”
The case was investigated by the U.S. Drug Enforcement Administration – Dallas Tactical Diversion Squad, DeSoto Police Department, and Ellis County Sheriff’s Office.
Tennessee Man Indicted for Aggravated Identity TheftRead the Press Release
George Ronzell Fyke, 40, of Woodlawn, Tenn., was indicted yesterday by a federal grand jury in Nashville, Tenn., for aggravated identity theft and stealing government funds, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Fyke was charged with five counts of aggravated identity theft and five counts of theft of government funds.
According to the indictment, Fyke used the identities of deceased individuals to file false federal income tax returns. As a result of these fraudulent tax filings, it is alleged that Fyke caused the Department of Treasury to issue federal income tax refunds, which he stole and converted to his own use.
Fyke faces a mandatory term of two years in prison for each aggravated identity theft conviction and a maximum term of ten years in prison for each theft of government funds conviction. Fyke also faces fines of up to $250,000.
The case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Ryan R. Raybould of the Middle District of Tennessee and Trial Attorney Gregory P. Bailey of the Tax Division are prosecuting the case on behalf of the United States.
An indictment is merely an accusation and is not evidence of guilt. Defendants are presumed innocent unless and until proven guilty in a court of law.
Tampa Man Sentenced to Six Years in Federal Prison for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Adrian Lark to six years in federal prison for theft of government funds and aggravated identity theft. He pleaded guilty on September 28, 2016.
According to court documents, between May 2011 and May 2013, Lark obtained the personal identifying information (PII) of others and then used it to file fraudulent tax returns with the IRS. During a search of his residence, law enforcement officers discovered notebooks of PII, as well as debit cards in other individuals’ names. The investigation revealed that Lark had filed more than 200 fraudulent tax returns requesting approximately $1.2 million in fraudulent tax refunds.
This case was investigated by Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Adam Saltzman.
Tahlequah Woman Sentenced to 60 Months for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that ASHLEY NOEL STEELE, age 30, of Tahlequah, Oklahoma, was sentenced to 60 months imprisonment, and 5 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(B).
The Information alleged that on or about December 12, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally conspire, confederate and agree with others known and unknown to commit offenses against the United States in violation of Title 21, United States Code, Section 846, as follows: to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charge arose from a joint investigation entitled “Home of the Brave”, coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Shannon Henson represented the United States.
Tahlequah Man Sentenced to 84 Months for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JACOB HORTON MASTERS JR, age 55, of Tahlequah, Oklahoma, was sentenced to 84 months imprisonment, and 5 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), 841(b)(1)(A).
The Superseding Indictment alleged that beginning in or about the end of 2013, the exact date being unknown to the Grand Jury, and continuing until on or about January 27, 2016, within the Eastern District of Oklahoma and elsewhere, the defendant did knowingly and intentionally conspire, confederate and agree with others to possess with intent to distribute and to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charge arose from a joint investigation entitled “Home of the Brave”, coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Shannon Henson represented the United States.
Tahlequah Man Sentenced to 24 Months for Possession of Destructive DeviceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JACOB AUSTIN DUNCAN, age 26, of Tahlequah, Oklahoma, was sentenced to 24 months imprisonment, and 3 years of supervised release for POSSESSION OF UNREGISTERED FIREARM (DESTRUCTIVE DEVICE), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871.
The Indictment alleged that on or about June 12, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.
The charge arose from an investigation by the Cherokee County Sheriff’s Office, the Oklahoma High Patrol, the Oklahoma State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Suburban Chicago Physician Pleads Guilty to Federal Bribery ChargeRead the Press Release
ROCKFORD — A Suburban Chicago physician pleaded guilty today before U.S. District Judge Frederick J. Kapala to bribery concerning health care programs receiving federal funds.
NEIL SHARMA, 36, of Lemont, has been a licensed Illinois physician since March 2011. Between September 2013 and March 2015, he was the Medical Director of a managed care services company that contracted with both Medicare and Medicaid to provide health care benefits.
As stated in a plea agreement, the State of Illinois contracted with the company to provide skilled nursing services to patients who were covered by Medicare, Medicaid, or both. In early 2015, the company contracted with three other firms to provide skilled nursing services. Sharma admitted that from Feb. 13, 2015, to March 13, 2015, as Medical Director and an agent of the company, he corruptly solicited and accepted cash payments of $2,500 and $7,500 from an individual in exchange for Sharma sending more patients to the individual’s company, and for providing that company with additional Medicaid and Medicare beneficiaries through Sharma’s company’s anti-depressant monitoring program and hospital re-admission program.
As stated in the plea agreement, the additional business Sharma promised in exchange for the bribe would bring in millions of dollars.
Sharma faces a maximum sentence of ten years’ imprisonment, a term of supervised release of up to three years following imprisonment, and a fine of up to $250,000. Sentencing is set for May 11, 2017, at 9:30 a.m., before Judge Kapala in Rockford.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorneys Scott R. Paccagnini and Joseph C. Pedersen.
St. Thomas Woman Sentenced to Prison for Conspiracy to Commit Hobbs Act RobberyRead the Press Release
St. Thomas, USVI – On February 2, 2017, District Court Judge Curtis V. Gomez sentenced Samantha Joseph, 25, of St. Thomas, to three years and five months’ imprisonment and three years of supervised release for conspiracy to commit Hobbs Act robbery, United States Attorney Ronald W. Sharpe announced. Judge Gomez also ordered Joseph to perform 400 hours of community service and pay a $100 special assessment.
On September 29, 2016, Joseph pleaded guilty to conspiracy to commit Hobbs Act robbery. According to the plea agreement, Joseph, an employee of Signature Jewelers at the time, conspired with other individuals to rob the store. Joseph agreed to hold the door open so that her co-conspirators could gain entry. On August 19, 2015, Joseph’s co-conspirators entered the store and brandished a weapon to threaten and intimidate store employees. The robbers used duct tape to bind and gag the victims and then fled the store with cash and merchandise.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Anna A. Vlasova.
Six Indicted for Burglarizing Gun Stores in Three States and Trafficking FirearmsRead the Press Release
ATLANTA - Devonnaire Coffey, Darryle Butler, Bilal Maxey, Natasha Turner, Asia Keith, and Prather Abrams, have been arraigned on federal charges of conspiracy to steal 129 firearms from gun stores in Georgia, North and South Carolina. Coffey, Butler, Turner, and Keith were additionally charged with theft of firearms and possession of stolen firearms. Butler further faces charges of felon in possession of a firearm.
“We’ve seen a recent uptick in gun store burglaries in the district,” said U.S. Attorney John Horn. “The theft of firearms, and subsequent illegal trafficking of them, unfortunately leads to more gun violence in our community.”
“The indictment of these individuals is the result of ATF successfully working in collaboration with our state and local partners to aggressively investigate the theft of firearms from federal firearms licensees. Unfortunately, all too often, these stolen firearms go directly into the hands of violent criminals and are eventually recovered at crime scenes in our own communities and in other regions of the country. ATF remains committed to continuing to combat violent crime and the trafficking of stolen firearms,” said Special Agent in Charge CJ Hyman, ATF Charlotte Field Division.
According to U.S. Attorney Horn, the charges, and other information presented in court: Devonnaire Coffey, Darryle Butler, and Bilal Maxey allegedly burglarized gun stores in Georgia and North Carolina, where 129 firearms were stolen. Asia Keith and Natasha Turner allegedly served as lookouts during the burglaries. According to the indictment, Coffey, Butler, Maxey, Keith, and Turner attempted to burglarize three additional gun stores in Georgia and South Carolina. Prather Abrams allegedly participated in one of the burglaries in Georgia. Coffey and Butler sold the stolen firearms shortly after stealing them.
The multiple burglaries and attempted burglaries occurred at stores in McDonough, and Canton, Georgia, Charlotte and Rocky Mount, North Carolina, and Rock Hill, South Carolina.
Devonnaire Coffey, 26, Darryle Butler, 27, Bilal Maxey, 24, all of Augusta, Georgia, and Prather Abrams, 35, of Decatur, Georgia, were arraigned before U.S. Magistrate Judge Catherine M. Salinas. Natasha Turner, 25, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Russell G. Vineyard. Asia Keith, 20, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Justin S. Anand. Coffey, Butler, Maxey, Turner, Keith and Abrams were indicted by a federal grand jury on December 6, 2016.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Henry County, Georgia Police Department, Rocky Mount, North Carolina Police Department, Charlotte-Mecklenburg, North Carolina Police Department, Holly Springs, Georgia Police Department, and Rock Hill, South Carolina Police Department. ATF Regional Anti-Gang Enforcement (RAGE) Unit. RAGE is a joint gang/violent crime task force with members from ATF, North Augusta Department of Public Safety, Aiken County Sheriff’s Office, Aiken Department of Public Safety, Richmond County Sheriff’s Office and the South Carolina Law Enforcement Division.
Assistant U.S. Attorneys Jennifer Keen and Stephanie E. Gabay-Smith are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Shenandoah Man Guilty of Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shane Lopez, age 22, of Shenandoah, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley for his connection to a heroin trafficking ring that operated in Schuylkill County during 2012 through May 2016.
According to United States Attorney Bruce D. Brandler, Lopez pleaded guilty to conspiracy to distribute more than 100 grams of heroin (which equals approximately 4,000 retail bags of heroin). Lopez admitted to being a sub-distributor of heroin for Rhashean Strange, a/k/a “Chicago,” who headed-up the conspiracy. Strange previously pleaded guilty and is awaiting sentencing. Eleven people have been charged in the case. Seven have entered guilty pleas.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for May 5, 2017. Lopez faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and Shenandoah Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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 is 40 years in prison, 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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Rupert Man Sentenced to 60 Months in Federal Prison for Distribution of MethamphetamineRead the Press Release
POCATELLO – Jose Luis Hernandez, 26, of Rupert, Idaho, was sentenced today to 60 months in prison for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hernandez to serve three years of supervised release.
According to court documents, on various dates, including March 14, 2016, Hernandez sold methamphetamine to an informant in Burley, Idaho. In total, Hernandez distributed 81 grams of actual methamphetamine. Hernandez knew he was distributing methamphetamine.
Co-conspirators James Jones, William Walker, and Miguel Otaegui are scheduled to be sentenced on March 1, 21, and 22, respectively by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
This conviction is result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, Mini-Cassia Drug Task Force, Cassia County Sheriff’s Office, and the Minidoka County Sheriff’s Office.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Roswell Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Susana Ceballos, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by three years of supervised release for her conviction on methamphetamine trafficking charges.
Ceballos is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Ceballos and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.
On Feb. 24, 2016, Ceballos pled guilty to participating in a methamphetamine trafficking conspiracy and to using a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Ceballos admitted conspiring with her co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Ceballos further admitted that on July 17, 2015, July 19, 2015, and twice on July 24, 2015, she used a telephone to further the drug trafficking conspiracy. Ceballos further admitted that she was responsible for trafficking approximately 907.18 grams of methamphetamine.
To date, 12 of Ceballos’ co-defendants have entered guilty pleas and are awaiting sentencing. Three co-defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
RI Doctor Indicted on Charges of Health Care Fraud, Receiving KickbacksRead the Press Release
PROVIDENCE, R.I. – A 19-count federal indictment filed in U.S. District Court in Providence charges Jerrold N. Rosenberg, 62, of North Providence and Jamestown, R.I. with health care fraud, conspiracy to solicit or accept kickbacks, and receipt of kickbacks related to Rosenberg’s prescription of a fast-acting, powerful, and highly-addictive version of the opioid drug Fentanyl that is administered as an under-the-tongue spray.
Rosenberg was taken into custody today by agents from the Department of Health and Human Services Office of Inspector General, and the Medicaid Fraud Control and Patient Abuse Unit of the Rhode Island Department of Attorney General, on a federal warrant issued by the Court. Rosenberg was arraigned before U.S. District Court Magistrate Judge Lincoln D. Almond and released on unsecured bond.
The indictment alleges that, owing to its potency and potential for addiction, the Fentanyl spray is approved by the federal Food and Drug Administration solely for “the management of breakthrough cancer pain in . . . patients who are already receiving and who are already tolerant to opioid therapy for their underlying persistent cancer pain.” The spray is extremely expensive, with the cost of a thirty-day supply ranging from almost $2,000 to over $16,000. As a result, insurance companies, including insurers covering Medicare patients, impose strict requirements and limitations that must be met before the Fentanyl spray will be covered. Typically, these limitations require that a doctor submit paperwork showing that the patient has active cancer, that the spray is intended to treat breakthrough pain from this cancer, and that other powerful opioid drugs have been tried, without success.
It is alleged that Rosenberg repeatedly submitted false and fraudulent documentation to insurers to get them to approve and pay for the Fentanyl spray, including authorization forms and so-called letters of medical necessity that falsely claimed patients had cancer and related pain. He did this for patients who never had cancer at all, as well as cases where the patient’s history of cancer was long past and/or unrelated to any pain for which they sought treatment with Rosenberg.
In addition to the health care fraud scheme, it is alleged that Rosenberg conspired to seek and receive kickbacks from the manufacturer of the Fentanyl spray. These took the form of “sham” speaker programs, where, instead of a legitimate lecture about the Fentanyl spray, Rosenberg received company-paid dinners at expensive restaurants and speaking fees, on occasion dining only with family members or representatives from the drug company. In several instances, attendance forms for these events were forged to show that medical professionals had been present for a supposedly legitimate promotional discussion, when in fact they had not. The indictment alleges that these speaker programs were, in fact, a cover for payments by the drug company to Rosenberg, to induce him to write more, and higher, prescriptions for the spray.
Finally, it is alleged that Rosenberg’s son worked as a sales representative for the drug company that manufactured the Fentanyl spray, where he was responsible for marketing the drug to a number of physicians, including his father. The sales commissions of Rosenberg’s son were tied to the number of prescriptions written by doctors, and it is alleged that Rosenberg wrote more prescriptions for the Fentanyl spray to provide a financial benefit to his son.
An indictment is merely an allegation 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.
The investigation was conducted by the United States Attorney’s Office, U.S. Department of Health and Human Services Office of Inspector General, and the Medicaid Fraud Control and Patient Abuse Unit of the Rhode Island Department of Attorney General.
The case is being prosecuted by Assistant U.S. Attorneys Lee H. Vilker and Zachary A. Cunha.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Puerto Rico Man Sentenced to 46 Months for Attempted Possession of CocaineRead the Press Release
St. Croix, USVI – District Court Senior Judge Raymond L. Finch, on January 31, 2017, sentenced Jose Luis Pacheco-Montes, 34, of Puerto Rico, to 46 months in prison for attempted possession of cocaine with intent to distribute, United States Attorney Ronald W. Sharpe announced. Judge Finch also sentenced Pacheco-Montes to three years of supervised release and ordered him to pay a special assessment of $100.
Pacheco-Montes had pleaded guilty to the attempted possession of cocaine on August 17, 2016. Between November 9, 2015, and November 12, 2015, Pacheco-Montes and others made three boat trips from St. Croix in attempt to effect a mid-sea retrieval of cocaine. They intended to bring the drugs to St. Croix and transship them to Puerto Rico. On November 13, 2015, other co-conspirators successfully effected the mid-sea retrieval of the drugs and were apprehended at Knight’s Bay in St. Croix. Law enforcement agents seized 87 kilograms of cocaine at the scene of apprehension.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.
Puerto Rico Man Sentenced to 10 Months for Bulk Cash SmugglingRead the Press Release
St. Croix, USVI – District Court Senior Judge Raymond L. Finch, on January 31, 2017, sentenced Ramon Lacen-Santiago, 41, of Puerto Rico, to 10 months in prison for bulk cash smuggling, United States Attorney Ronald W. Sharpe announced. Judge Finch ordered Lacen-Santiago to serve half of his sentence in prison and half in home confinement. He also sentenced Lacen-Santiago to three years of supervised release and ordered him to pay a $2,000 fine and a special assessment of $100.
On March 25, 2012, agents of the High Intensity Drug Trafficking Area Task Force received information that a co-defendant of Lacen-Santiago would be travelling with large sums of money through St. Croix Airport. During a security check of Lacen-Santiago and his co-defendant, a canine alerted on two bags belonging to them. The bag belonging to Lacen-Santiago contained $6,249. A search of his person revealed another $39,000 in his pockets. Lacen-Santiago told the agents he was travelling to St. Martin with the co-defendant. A search of his co-defendant uncovered $38,270 concealed on his person.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.
Project Safe Neighborhoods grant announcementRead the Press Release
Deadline for grant proposals is February 27, 2017
SHREVEPORT / MONROE / ALEXANRIA / LAKE CHARLES / LAFAYETTE, LA: United States Attorney for the Western District of Louisiana Stephanie A. Finley and the Project Safe Neighborhoods Task Force announced today that the Department of Justice, the Office of Justice Programs and the Bureau of Justice Assistance is seeking applications for funding of a grant under the Violent Gang and Gun Crime Reduction Program, also known as Project Safe Neighborhoods (PSN).
PSN furthers the Department of Justice=s mission to reduce violent crime by providing support to state, local and tribal efforts to create safer neighborhoods through a sustained reduction in gang violence and violent crimes committed with firearms. Contingent on the availability of funds, grant awards totaling $350,000 are possible in the Western District of Louisiana to fund new and current comprehensive gun crime reduction and gang violence reduction strategies. The application for this fiscal year 2017 (FY2017) PSN grant must be submitted to and received by the U.S. Attorney’s Office in Lafayette by noon on February 27, 2017.
Various types of single or multi‑grantee grant applications are welcome including those that address the following:
- Gang violence and gun violence reduction, deterrence, prevention, community outreach and education;
- Enforcement, adjudication and supervision programs;
- Prisoner reentry programs; or
- Other innovative related projects.
The FY2017 PSN Competitive Grant Announcement, OMB No. 1121-0329, can be found at https://www.bja.gov/Funding/PSN17.pdf. For the announcement or more information on the PSN program visit the U.S. Attorney’s Office website at http://www.justice.gov/usao-wdla and www.justice.gov/usao/law/psn.html or at www.psn.gov or www.bja.gov/programs/psn.
More information about the FY2017 PSN grant announcement and the PSN program can also be found by contacting Lisa Alwert at (337) 262-6618.
Prior Felon from McKinley County Sentenced to Seven Years for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steve Coleman, 56, of Thoreau, N.M., was sentenced today in federal court in Albuquerque, N.M., to 84 months in prison followed by three years of supervised release for violating the federal firearms laws.
Coleman was arrested on Feb. 4, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on Jan. 21, 2016, in McKinley County, N.M.
Coleman was subsequently indicted on Feb. 24, 2016, and charged with being a felon in possession of a firearm and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR). Coleman was prohibited from possessing firearms or ammunition because of his previous felony convictions which include, unlawful sale of migratory birds, dangerous use of explosives and bribery/retaliation of a witness.
On Nov. 3, 2016, Coleman pled guilty to being a felon in possession of firearms and admitted that on Jan. 21, 2016, he was in possession of two pistols, which he was not allowed to possess because of his prior felony convictions. Coleman further admitted that he discharged one firearm at his neighbor’s dogs.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the McKinley County Sheriff’s Department. Assistant U.S. Attorney Edward Han prosecuted the case.
Postal Employee Charged with Theft of Mail MatterRead the Press Release
Kirk Baird, 42, from Sergeant Bluff, Iowa, has been charged with theft of mail matter by a postal employee. The charges are contained in an Indictment filed January 18, 2017, in United States District Court in Sioux City.
The Indictment alleges that, between about August 2016 and October 20, 2016, Baird did embezzle letters, postal cards, and mail, and articles therein, entrusted to him, or which came into his possession intended to be conveyed by mail by the United States Postal Service, and stole, abstracted and removed from such letters, postal cards and mail, cash, gift cards and other items of value contained therein, with intent to convert such items to his own use.
“The agency considers the aforementioned allegations to be a very serious matter. When these types of allegations are made, OIG Special Agents vigorously investigate these matters, as was done in this instance” said Special Agent in Charge Joanne Yarbrough, of the Office of Inspector General (OIG) for the Postal Service’s Western Area Field Office.
If convicted, Baird faces a possible maximum sentence of 5 years’ imprisonment without the possibility of parole, a fine of up to $250,000, a mandatory special assessment of $100, and a term of supervised release of up to one year following any imprisonment.
Baird’s first appearance in federal court in Sioux City for an arraignment is set for February 2, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Jamie Bowers and was investigated by the U.S. Postal Service Office of Inspector General
Office of Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR17-4001. Follow us on Twitter @USAO_NDIA.
Pittsburgh Man Sentenced for Role in Cross-Country Cocaine Distribution SchemeRead the Press Release
PITTSBURGH - A Pittsburgh resident has been sentenced in federal court to four years’ probation with nine months of house arrest on his conviction of conspiracy to distribute a quantity of crack cocaine, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence on Mark Spearman, 35, of Pittsburgh, Pa.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Mark Spearman was intercepted over the wire conspiring with others to possess with intent to distribute and distribute crack cocaine, which was shipped from California in powder form to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended the Federal Bureau of Investigation, the 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 Spearman.
Philadelphia Man Charged with Three Counts of Bank RobberyRead the Press Release
Raheem Pleasant of Philadelphia, PA, was charged today by Indictment with three counts of bank robbery in connection with a string of robberies that occurred in the Philadelphia area in December and January, announced Acting United States Attorney Louis D. Lappen. The Indictment alleges that on three separate occasions between December 17, 2016 and January 2, 2017, Pleasant entered and robbed branch locations of TD Bank, an FDIC-insured institution, by use of force and violence, and by intimidation.
If convicted the defendant faces a maximum sentence of 60 years in prison.
The case was investigated by the Federal Bureau of Investigation’s Violent Crimes Task Force and local law enforcement agencies, and is being prosecuted by Assistant United States Attorney Sean P. McDonnell.
An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – Pain management physician Dr. Robert Windsor has agreed to the entry of a $20 million consent judgment to resolve allegations that he violated the False Claims Act by billing federal health care programs for surgical monitoring services that he did not perform and for medically unnecessary diagnostic tests. Dr. Windsor owned pain management clinics in Georgia and Kentucky that operated under the umbrella of National Pain Care, Inc.
“Windsor placed patients at risk by claiming that he was monitoring the neurological health of patients during surgery when he actually had an unqualified medical assistant do the work,” said U.S. Attorney John Horn. “Windsor unfortunately put his own interests above the health and safety of his patients.”
“Dr. Windsor placed personal gain above all else in his medical practice,” said Carlton B. Shier, Acting U.S. Attorney for the Eastern District of Kentucky. “In doing so, he put his patients at risk, and defrauded the United States. We will use every tool at our disposal to protect vital healthcare programs from those who seek unearned profit at the taxpayers’ expense.”
“Providing medically unnecessary services to a vulnerable population, such as Medicare beneficiaries, places patients at risk and jeopardizes millions of taxpayer dollars,” said Derrick Jackson, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General. “HHS-OIG is committed to safeguarding the federal health care programs and the patients receiving medical services. Today’s settlement should send a message to others who profit from schemes abusing patient safety that we will pursue justice for our beneficiaries and the programs.”
“The announced monetary settlement involving Dr. Robert Windsor is a direct result of several years of hard work by federal agents and prosecutors as they pursued and enforced rampant violations of the federal False Claims Act. The FBI continues to play a key role in identifying, investigating, and presenting for prosecution individuals such as Dr. Windsor who target and negatively impact our federal health care programs,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program,” said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees.”
“The Georgia Department of Law will continue to work with our federal and local partners to pursue resolutions against those who threaten the medical care of Georgia citizens and misuse taxpayer dollars,” said Chris Carr, Attorney General for the State of Georgia.
The government alleges that Dr. Windsor engaged in two schemes. First, the government alleges that Dr. Windsor caused the submission of false claims to Medicare, TRICARE, and FEHBP for the online, real time intraoperative monitoring of surgeries that Dr. Windsor did not personally monitor, that were not monitored by a physician, and that Dr. Windsor falsely represented had been monitored by him during the period from January 1, 2008 through July 22, 2013. On October 24, 2016, Dr. Windsor was sentenced to three years, two months in federal prison and three years of supervised release in connection with this conduct.
The government also alleges that Dr. Windsor submitted or caused the submission of false claims to Medicare, the Georgia and Kentucky Medicaid programs, TRICARE, and FEHBP for medically unnecessary balance tests, nerve conduction and electromyography procedures, and qualitative drug screens performed in Georgia and Kentucky during the period from January 1, 2010 through June 30, 2014.
In order to satisfy the $20 million consent judgment, Dr. Windsor will sell all but one of his residential and commercial properties and pay the net sale proceeds to the government. Dr. Windsor will also sell certain other assets, including two boats and four jet skis, and pay the net sale proceeds to the government.
The settlement resolves two lawsuits filed by three whistleblowers, Kris Frankenberg, Stephanie Herder, and Bradley Davis, under the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. lawsuits resolved are captioned United States ex rel. Frankenberg v. Windsor et al., No. 1:12-cv-3114 (N.D. Ga.), and United States ex rel. Herder et al. v. National Pain Care, Inc., et al., No. 14-cv-00221 (E.D. Ky.).
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Eastern District of Kentucky, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service.
The civil settlement was reached by Assistant United States Attorneys Lena Amanti (Northern District of Georgia) and Paul McCaffrey (Eastern District of Kentucky).
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Ohio Woman Pleads Guilty to Providing Inmate with DrugsRead the Press Release
Abingdon, VIRGINIA – An Ohio woman, who conspired with others to provide an inmate at the United States Penitentiary (USP) Lee, in Lee County, Virginia with a prohibited object, pled guilty today to a federal conspiracy charge, Acting United States Attorney Rick A. Mountcastle announced.
Nicole Diane Shroyer, 36, of Kettering, Ohio, pled guilty today to one count of conspiring to provide an inmate of a prison a prohibited object, in this case methamphetamine. Shroyer will be sentenced on May 9, 2017 at 2:30 p.m.
According to evidence presented at today’s hearing by Assistant United States Attorney Randy Ramseyer, Shroyer and others and others she conspired with, made several phone calls to arrange transport of the methamphetamine to the inmate, who was housed at USP Lee. On January 31, 2016, Shroyer brought methamphetamine to USP Lee and surreptitiously provided the methamphetamine to an inmate.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Northumberland County Woman Indicted for Taking Deceased Husband’s Social Security BenefitsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Loretta Galloway, age 55, of Northumberland, Pennsylvania, was indicted on January 31, 2017, by a federal grand jury for taking her deceased husband’s social security benefits.
According to United States Attorney Bruce D. Brandler, the indictment was unsealed on February 1, 2017, and charges Galloway with taking more than $83,000, over approximately five years, of her deceased husband’s Social Security benefits to pay her bills and other expenses.
The case was investigated by the Social Security Administration, Office of the Inspector General. Assistant United States Evan Gotlob is prosecuting the case.
Indictments 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 is 10 years of 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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North Carolina Man Sentenced for Threats Against Mosque Members in Raeford, North CarolinaRead the Press Release
A Fayetteville, North Carolina man was sentenced today in the Middle District of North Carolina to eight months of home confinement for threatening members of the Masjid Al Madina Mosque in Raeford, North Carolina, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and Acting U.S. Attorney Sandra Hairston of the Middle District of North Carolina.
Russell Thomas Langford, 36, pleaded guilty on Nov. 7, 2016, to a one-count Information that charged him with a felony for threatening mosque members in order to obstruct their free exercise of religious beliefs.
As a result of his plea, Langford admitted that on June 9, 2016, he threatened several mosque members and used a dangerous weapon in doing so. On that date, Langford repeatedly drove past the Masjid Al Madina Mosque. Eventually, he saw a mosque member leaving the area. Langford followed the mosque member to his home before returning to the mosque. Back at the mosque, Langford approached another mosque member, identified by the initials M.K. Langford threatened to kill M.K. and bury M.K. on the mosque premises, before pointing a firearm in M.K.’s direction. Langford then drove away. When Langford returned to the mosque again that night, he was stopped by several mosque members, who called the local authorities.
During his multiple contacts with members of the Masjid Al Madina Mosque, Langford repeatedly referred to mosque members using derogatory anti-Muslim terms. Langford admitted that he knew Masjid Al Madina was a mosque and that the people he targeted with his threats were engaged in activities related to the mosque. Accordingly, in pleading guilty, Langford admitted that he acted intentionally to threaten the mosque’s members and obstruct their religious exercise.
“The free exercise of religion is a foundational principle of our society,” said Acting Assistant Attorney General Wheeler. “Hateful threats designed to obstruct this right to religious freedom and to intimidate members of a religion simply because of their beliefs have no place in our communities. An attack on one religion is an attack on all religions. The Justice Department will continue to vigorously prosecute crimes motivated by religious animus.”
The case was investigated by the FBI and the Hoke County, North Carolina Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Graham Green of the Middle District of North Carolina and Trial Attorney Julia Gegenheimer of the Civil Rights Division.North Carolina Man Sentenced for Threats Against Mosque Members in Raeford, North CarolinaRead the Press Release
WASHINGTON – A Fayetteville, North Carolina man was sentenced today in the Middle District of North Carolina to eight months of home confinement for threatening members of the Masjid Al Madina Mosque in Raeford, North Carolina, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and Acting U.S. Attorney Sandra Hairston of the Middle District of North Carolina.
Russell Thomas Langford, 36, pleaded guilty on Nov. 7, 2016, to a one-count Information that charged him with a felony for threatening mosque members in order to obstruct their free exercise of religious beliefs.
As a result of his plea, Langford admitted that on June 9, 2016, he threatened several mosque members and used a dangerous weapon in doing so. On that date, Langford repeatedly drove past the Masjid Al Madina Mosque. Eventually, he saw a mosque member leaving the area. Langford followed the mosque member to his home before returning to the mosque. Back at the mosque, Langford approached another mosque member, identified by the initials M.K. Langford threatened to kill M.K. and bury M.K. on the mosque premises, before pointing a firearm in M.K.’s direction. Langford then drove away. When Langford returned to the mosque again that night, he was stopped by several mosque members, who called the local authorities.
During his multiple contacts with members of the Masjid Al Madina Mosque, Langford repeatedly referred to mosque members using derogatory anti-Muslim terms. Langford admitted that he knew Masjid Al Madina was a mosque and that the people he targeted with his threats were engaged in activities related to the mosque. Accordingly, in pleading guilty, Langford admitted that he acted intentionally to threaten the mosque’s members and obstruct their religious exercise.
“The free exercise of religion is a foundational principle of our society,” said Acting Assistant Attorney General Wheeler. “Hateful threats designed to obstruct this right to religious freedom and to intimidate members of a religion simply because of their beliefs have no place in our communities. An attack on one religion is an attack on all religions. The Justice Department will continue to vigorously prosecute crimes motivated by religious animus.”
The case was investigated by the FBI and the Hoke County, North Carolina Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Graham Green of the Middle District of North Carolina and Trial Attorney Julia Gegenheimer of the Civil Rights Division.
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North Carolina Man Sentenced for Methamphetamine Manufacturing ConspiracyRead the Press Release
CONCORD, N.H. – Jamie Smith, 28, of Raleigh North Carolina was sentenced to 96 months in federal prison after pleading guilty in United States District Court for the District of New Hampshire to one count of possession of materials to manufacture methamphetamine, and one count of conspiracy to manufacture methamphetamine, announced United States Attorney Emily Gray Rice.
According to court documents and statements made in court, on or about January 29, 2016, co-defendants picked up Jamie Smith from a bus station in Vermont. Soon after getting in the car, Smith dictated a list of ingredients used for making methamphetamine which a co-defendant wrote down a piece of paper. During the drive from Vermont to Lebanon, New Hampshire, Smith and his co-defendants made various stops to purchase ingredients used for making methamphetamine. After purchasing the necessary ingredients, the defendants returned to a residence in Lebanon, New Hampshire where Smith began the process of making methamphetamine. When police arrived, he attempted to dispose of the methamphetamine mixture by pouring it in a toilet, which the Court determined created a substantial risk of harm to human life and the environment.
A search warrant executed at the residence uncovered materials that a New Hampshire State police forensic laboratory chemist determined are collectively consistent with methamphetamine manufacturing via the one-pot method. The chemist also determined that two samples taken from the apartment indicated the presence of methamphetamine. In addition, the defendant admitted to making threats to a potential witness in an attempt to dissuade that witness from testifying at his sentencing hearing.
United States District Judge Joseph DiClerico sentenced Smith. In addition to the term of incarceration, Judge DiClerico ordered Smith to serve, upon his release from prison, a term of supervised release of 3 years.
“This sentence reflects DEA’s strong commitment to bring to justice those that manufacture methamphetamine,” said Special Agent in Charge Michael J. Ferguson. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who manufactures this poison.”
“Methamphetamine manufacturing presents a serious danger to the public. Too often, those who attempt to manufacture this illegal drug do so in a way that presents a high risk of fires and explosions. Each day, brave law enforcement officers in New Hampshire are at risk of encountering these toxic and potentially deadly clandestine laboratories. I commend the Drug Enforcement Administration for its ongoing efforts to protect our state from these dangerous drug labs,” said U.S. Attorney Emily Gray Rice.
The case was investigated by the Drug Enforcement Administration and the Lebanon, New Hampshire Police Department and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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Nicaraguan National Charged for Illegal Re-Entry of a Removed Alien Previously Convicted of a FelonyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NORWIN CASTELLON-LOPEZ, age 39, a citizen of Nicaraguan, was charged today in a one-count Bill of Information with illegally re-entering the United States having previously been deported as an illegal alien and having previously been convicted of a felony.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
CASTELLON-LOPEZ faces a maximum term of imprisonment of ten years, a fine of $250,000 and up to three years of supervised release following any term of imprisonment.
U.S. Attorney Polite praised the work of the U.S. Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.
New York Salesman Sentenced to Prison for Fraudulently Selling Vending Machine BusinessesRead the Press Release
A federal judge sentenced a Long Island, New York sales representative to prison for fraudulently selling vending machine businesses, the Justice Department announced today.
Richard R. Goldberg, 44, of Holbrook, New York, was sentenced to serve 36 months in prison followed by three years of supervised release and ordered to pay $546,487.77 in restitution by U.S. District Court Judge Joan M. Azrack of the Eastern District of New York. Goldberg was found guilty after a six-week trial in 2015 of wire fraud and conspiracy. He is one of 24 defendants who have been convicted of fraud in connection with Multivend LLC d/b/a/ Vendstar, which was based in Deer Park, New York.
“The defendant enticed people to pay $10,000 or more for a business that he promised would be prosperous, when he knew it was likely to fail,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “That is a serious and reprehensible crime. The Department of Justice is committed to protecting consumers by prosecuting such frauds.”
Vendstar sold vending machine businesses in which it promised to provide vending machines, candy, locations, and everything else buyers would need to succeed. The company closed in July 2010. advertised in newspapers and on the Internet and sold the businesses to victims nationwide. But ’s sales representatives – with the knowledge and approval of Vendstar’s managers – misrepresented the business opportunity’s likely profits, the amount of money that ’s prior customers were earning, how quickly customers were likely to recover their investment, the quality of locations that were available for the vending machines, and the level of location assistance that customers would receive from locating companies recommended by Vendstar. Vendstar referred customers to locating companies that did not find profitable locations and regularly changed their names to stay ahead of constant complaints. During the last five years it was open, made more than $60 million in sales. Buyers received the vending machines, but little else, and most of them lost most or all of their investment.
Acting Assistant Attorney General Readler commended the U.S. Postal Inspection Service for its thorough investigation. The case was prosecuted by Senior Litigation Counsel Patrick Jasperse and Assistant Director Alan Phelps of the Civil Division’s Consumer Protection Branch. During the last 10 years, approximately 170 individuals have been convicted of fraudulently selling business opportunities in cases prosecuted by the Consumer Protection Branch.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
New York Resident Charged in South Florida with Conspiracy to Distribute and Attempted Possession with the Intent to Distribute CocaineRead the Press Release
A New York resident has been charged in Broward County, Florida for conspiring to possess with the intent to distribute and attempting to possess with the intent to distribute, cocaine.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), and Diane J. Sabatino, Director, Field Operation, U.S. Customs and Border Protection (CBP), Miami Field Office, and made the announcement.
Siffredo Gonzalez, 39, of New York, is charged in a two-count indictment with conspiracy to possess a controlled substance with the intent to distribute and attempting to possess a controlled substance with the intent to distribute. If convicted, Gonzalez faces a minimum mandatory sentence of ten years and a maximum statutory sentence of life imprisonment on each count.
According to court documents, including the criminal complaint and indictment, on December 15, 2016, Customs and Border Protection officers located approximately 83 kilograms of cocaine in a shipping container at Port Everglades. The container, which also held avocados, originated in the Dominican Republic. On January 10, 2017, Siffredo Gonzalez is alleged to have met with an undercover agent and paid him $25,000 to return the interdicted cocaine.
Mr. Ferrer commended the investigative efforts of ICE-HSI, DEA, Broward County Sheriff’s Office and CBP. The case is being prosecuted by Assistant U.S. Attorney Anita White.
An indictment and a criminal complaint are formal charging documents notifying the defendant of the charges. All persons charged by indictment and/or complaint are presumed innocent until proven guilty in a court of law.
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.
New York Men Sentenced for Credit Card Fraud ConspiracyRead the Press Release
Contact: Daniel J. Perry
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Malik Delima, 26, and Shaun Wray, 26, both of Brooklyn, New York, were sentenced yesterday in U.S. District Court by Judge George Z. Singal for conspiring to manufacture and use fraudulent credit cards. Delima was sentenced to 75 months in prison; Wray was sentenced to 20 months in prison. Both were sentenced to three years of supervised release and ordered to pay $28,483 in restitution. Both pled guilty in July 2016.
According to court records, in March 2015, Delima and Wray were part of a group that came to Maine from New York to commit credit card fraud. They purchased equipment used to manufacture fraudulent credit cards, purchased stolen credit card account numbers from a source in Ukraine, manufactured fraudulent credit cards and used them at retailers in Maine and elsewhere. The conspiracy involved over 1,100 stolen credit card accounts.On March 24, 2015, law enforcement personnel executed a federal search warrant at an apartment in Auburn, Maine and seized over 100 fraudulent credit cards, numerous blank gift cards that were in the process of being made into fraudulent credit cards, and the equipment used to manufacture fraudulent credit cards. At the time of the search, Delima, Wray and other conspirators were inside the apartment.
This joint investigation was conducted by the U.S. Secret Service, the U.S. Drug Enforcement Administration and Auburn Police Department, with valuable assistance provided by Maine State Police Crime Laboratory.
New Orleans Man Pleads Guilty to Conspiracy to Commit Access Device FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RYAN CLAVERIE, age 37, of New Orleans, pled guilty today to conspiracy to commit access device fraud.
According to court documents, CLAVERIE worked as a waiter in a restaurant in Metairie. During the course of his employment, CLAVERIE routinely handled the credit and debit cards of restaurant patrons. CLAVERIE had a credit card “skimmer” that extracted customer account information from the magnetic strip on the back of a credit card and a bank debit card and logged it for later download to a computer.
CLAVERIE and his co-conspirators used the captured electronic account information contained on the magnetic strips of these valid cards in order to manufacture and produce counterfeit credit cards with which to fraudulently obtain things of value for their own personal gain at several retail stores and establishments in the metropolitan New Orleans area.
CLAVERIE faces a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment. U.S. District Judge Jane Triche Milazzo set sentencing for May 4, 2017.
U.S Attorney Polite praised the work of the U.S. Secret Service, New Orleans Field Office, the Jefferson Parish Sheriff’s Office, the New Orleans Police Department, the St. Tammany Parish Sheriff’s Office, and the Kenner Police Department. Assistant U.S. Attorney Loan "Mimi" Nguyen is in charge of the prosecution.
New Orleanian Pleads Guilty to Bank RobberyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC MALLORY, age 34, of New Orleans, pled guilty today to a two-count Indictment charging him with bank robbery.
According to court documents, on July 27, 2016, MALLORY entered the Capital One Bank located at 1867 Barataria Boulevard in Marrero, and approached a teller with a note demanding money. The teller gave MALLORY $2,798. On September 22, 2016, MALLORY entered the Gulf Coast Bank & Trust, located at 737 Terry Parkway, Gretna, and approached a teller with a demand note. He then approached a second teller and demanded money. In total, MALLORY obtained $7,882 from Gulf Coast Bank & Trust.
MALLORY faces a maximum term of imprisonment of 20 years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment as to each count. U.S. District Judge Ivan L. R. Lemelle set sentencing for May 3, 2017.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Maria M. Carboni is in charge of the prosecution.
Montgomery Area Gang Members and Violent Felons Arrested on Federal Gun ChargesRead the Press Release
Montgomery, Alabama – Multiple arrests were made this week during a Montgomery area round up for gun and drug violations, announced George Beck Jr., U.S. Attorney for the Middle District of Alabama.
As part of its community policing strategy, the Montgomery Police Department requested help from a number of federal agencies in an effort to identify, isolate, and remove individuals that pose a dangerous threat to the city and its citizens. The participating agencies include the Montgomery Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, the Gulf Coast Regional Fugitive Task Force, the Federal Bureau of Investigation (FBI), and the U.S. Attorney’s Office.
The following fourteen individuals, all from Montgomery, were part of this round up:
Larry Keyun Chappell (31), Demarion Lamar Daniels (34), Rapheal Lamar Gaston (26), Rashard Jarnez Hardy (31), Taurio Kortavious Harris (21), Marrio Terrell Hawkins (30), Kourvosier Jerrell Herbert (27), Trudyo Renardo Hines, Jr (26), Darrius Marcel Mastin (25), Roderick Alexander Purvis (25), Stanley Antorny Tell (30), Roosevelt Keith Terry (33), Adrian Deshawn Thompson (30), and Quandel Lamar Williams (30).
The charges against them include allegations of drug distribution, possession of firearms in connection with drug distribution, and possession of firearms while being a convicted felon. Evidence also indicates that these individuals are affiliated with numerous gangs in the area including: CBM, Crum Nation, Gangster Disciples, Hardy Boys, and the King Hill Murk Gang.
The allegations against Hardy, Harris, Hines, and Mastin arose from the Club Big Boyz shooting in October of 2015. The charges against the remaining individuals arose from various investigations conducted by the Montgomery Police Department and ATF involving drug distribution and other violent crimes in the City of Montgomery.
An indictment is merely a method of charging an individual and each defendant is presumed innocent until proven guilty at trial. If convicted, each of the men face possible sentences of up to 20 years imprisonment.
U.S. Attorney Beck would like to thank the following agencies for their hard work during the investigations and arrests in each of these cases: Montgomery Police Department, ATF, FBI, the United States Marshals Service, and the Gulf Coast Regional Fugitive Task Force. The cases are being prosecuted by Assistant United States Attorneys Brandon Bates, Todd Brown, John Geer, Steven Lee, Rand Neeley, Jonathan Ross, and Susan Redmond.
Mississippi Corrections Officers Plead Guilty to Inmate Assault and Cover-UpRead the Press Release
The Justice Department announced that Mississippi corrections officer, Lawardrick Marsher, pleaded guilty today in federal court to beating an inmate in Mississippi’s Parchman prison. A second officer, Robert Sturdivant, pleaded guilty to helping conceal the beating of the inmate.
According to his guilty plea, Marsher, 29, used excessive force in punching and kicking the victim, identified as K.H., who suffered a broken orbital bone, permanent vision loss and severe blood loss. The assault occurred on March 9, 2014. Marsher also admitted to submitting a false report and lying to the FBI. Sturdivant, 47, Marsher’s supervisor, admitted that he also punched and kicked K.H. and urged fellow officers to submit false statements to their department and to lie to the FBI.
“Every American, including those who are incarcerated, is protected by the U.S. Constitution,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “When officers who we expect to uphold those rights willfully violate them, and lie to cover it up, the Justice Department will vigorously enforce the laws prohibiting this misconduct.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The U.S. Attorney’s Office for the Northern District of Mississippi is committed to aggressively prosecuting those correctional officers who break the law and violate an individual’s constitutional rights.”
“Occasionally, incarceration can lead to an emotionally charged atmosphere, but we lose credibility and moral authority when prison guards are guilty of violating the civil rights of those they are sworn to protect,” said Special Agent in Charge Christopher Freeze of the FBI Jackson Division. “While incarcerated individuals have relinquished their right to freedom, they have not renounced their civil rights.”
On June 21, 2016, Marsher and Sturdivant were indicted by a grand jury. Two other officers, Deonte Pate, 23, and Romander Nelson, 44, pleaded guilty to charges in connection with the beating. Pate admitted to conspiring to cover up the beating, and Nelson pleaded guilty to a misdemeanor charge of failing to protect K.H.
Marsher faces a statutory maximum sentence of 10 years in prison; Sturdivant faces a statutory maximum sentence of five years in prison. Sentencing for Marsher and Sturdivant is tentatively scheduled for June 9 and 8, respectively. Pate’s sentencing is scheduled for March 16; Nelson’s sentencing is scheduled for April 6.
This case was investigated by the FBI’s Jackson Division, with cooperation from the Mississippi Department of Corrections. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorneys Rebekah Bailey and Dana Mulhauser of the Civil Rights Division.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALBERTO SECUNDINO-BUENAVENTURA, age 36, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the Indictment, SECUNDINO-BUENAVENTURA, reentered the United States after he was previously deported on January 17, 2013. If convicted, SECUNDINO-BUENAVENTURA faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Meridian Woman Sentenced to Prison for Fraud SchemeRead the Press Release
Jackson, Miss. – Theresa Wash, 51, of Meridian, was sentenced on January 31, 2017, by U.S. District Judge Carlton Reeves, to serve two years in federal prison followed by three years of supervised release for exceeding authorized access, announced U.S. Attorney Gregory K. Davis and FBI Special Agent in Charge Christopher Freeze. She was also ordered to pay $797,287.85 in restitution and to forfeit a house which has yet to be appraised.
Wash was the controller of a Meridian business and stole funds from her employer. She previously pled guilty to the charge.
The case was investigated by the FBI Jackson Division Cyber Crime Task Force. The task force is comprised of investigators from the Madison Police Department, Mississippi Attorney General’s Office, and FBI Agents from the Jackson Field Office. The case was prosecuted by Assistant U.S. Attorney Chris Wansley.
Meade County, Kentucky, Man on the Kentucky Sex Offender Registry, Sentenced to 15 Years in Prison for Transporting and Possessing Child PornographyRead the Press Release
LOUISVILLE, Ky. – A Meade County, Kentucky, man on the Kentucky Sex Offender Registry, was sentenced in United States District Court, by District Judge David J. Hale, to 15 years in prison followed by a life term of Supervised Release, for transporting and possessing child pornography announced United States Attorney John E. Kuhn, Jr.
Travis Tucker, 30, was charged by grand jury Indictment on February 17, 2016. He pled guilty to the charges on November 7, 2016. Tucker remains in federal custody.
Tucker admitted to uploading child pornography on four separate occasions in October of 2014 and possessing child pornography images in January 2015. According to information presented in court, Kentucky State Police received several Cybertip reports concerning the uploading of child pornography images (that is, images of children engaging in sexually explicit conduct), to a Google plus account from an email address of [email protected]. Investigative efforts led to Tucker as the user of the email account.
Law enforcement officials executed a state search warrant on Tucker’s residence in Meade County, Kentucky, on January 14, 2015. During the search, they seized numerous digital items. Later, forensic review of the digital items revealed thousands of images of child pornography. The images had been acquired using the Internet.
Prior to October of 2014, Tucker had been convicted of a child pornography offense. He was on the Kentucky Sex Offender Registry at the time of the offenses in the Indictment.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky State Police conducted the investigation.
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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."