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Wednesday 30 November 2016
Hamden Man Sentenced to Prison for Distributing Oxycodone Involved in Weston OverdoseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that TAHIR FARID, 22, of Hamden, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to six months of imprisonment, followed by three years of supervised release, for distributing oxycodone involved in an overdose earlier this year.
According to court documents and statements made in court, on January 3, 2016, a 20-year-old male purchased 30 oxycodone pills from FARID in exchange for $900. He then consumed some of those pills, as well as other substances, including Xanax. On January 5, 2016, the 20-year-old male was found unresponsive at a friend’s residence in Weston. He remains unresponsive, has no brain activity and is currently receiving care in a nursing home.
The investigation revealed that, prior to the victim’s overdose, Ryan Looney, also of Hamden, supplied FARID with oxycodone pills. FARID then distributed the pills to the victim.
FARID was arrested on February 22, 2016. On April 26, he pleaded guilty to one count of possession with intent to distribute, and distribution of, oxycodone.
Looney pleaded guilty to the same charge and is scheduled to be sentenced on December 6.
Judge Chatigny ordered FARID, during his three-year term of supervised release, to perform 120 hours of community service, and requested that the community service be directed at educating school-aged children about the dangers of using opioids.
This prosecution is part of an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, U.S. Marshals Service, Weston Police Department and Monroe Police Department. The Tactical Diversion Squad includes members from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe, Fairfield and Manchester Police Departments, and the Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.
Greenfield Man Sentenced to 15 Months on Gun ChargeRead the Press Release
Contact: F. Todd Lowell
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty, II announced that Tobin White, 42, of Greenfield Township, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 15 months in prison and one year of supervised release for being a prohibited person in possession of a firearm. White pleaded guilty to an indictment on January 17, 2014.
On February 12, 2013, law enforcement officers executed a search warrant at the defendant’s home in Greenfield Township. As officers approached, the defendant left the house holding a flashlight and a Smith & Wesson 9mm pistol. When the officers identified themselves and ordered the defendant to the ground, he complied. Officers found the gun in a holster next to the defendant. The defendant was prohibited from possessing the firearm because he had been convicted of a misdemeanor crime of domestic violence (assault) in 2003.
The case was investigated by the Maine Warden Service. the Federal Bureau of Investigation and the Maine State Police.
Georgia Woman Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
ABINGDON, VIRGINIA – A member of a conspiracy that distributed methamphetamine in and around Virginia and Kentucky, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, announced United States Attorney John P. Fishwick Jr.
Tracie Cartwright, of Lawrenceville, Georgia, previously pled guilty to one count of conspiring to possess with the intent to distribute and to distribute methamphetamine. Today in District Court, Cartwright was sentenced to 188 months in federal prison.
“Methamphetamine is an addictive and deadly substance,” United States Attorney Fishwick said today. “We are proud to work with our partners on the local, state and federal levels to continue to fight to the scourge of methamphetamine trafficking throughout the region.”
This investigation has charged 15 individuals with being part of the conspiracy, two of which have already been sentenced to federal prison terms.
The investigation of the case was conducted by the Bell County, Kentucky Sheriff’s Office, the Middlesboro, Kentucky Police Department, the Lee County Virginia Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives Bristol and Atlanta Field Divisions. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Franklin, N.C. Man Arrested on Federal Arson ChargeRead the Press Release
ASHEVILLE, N.C. – Keith Eugene Mann, 49, of Franklin, N.C. was arrested today on federal arson charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. A federal criminal complaint filed this afternoon in U.S. District Court, charges Mann with one count of destroying real property of the United States by means of fire.
U.S. Attorney Rose is joined in making today’s announcement by Steven F. Ruppert, Special Agent in Charge, U.S. Forest Service Law Enforcement and Investigation, Southern Region and Sheriff Robert L. Holland of the Macon County Sheriff’s Office.
According to allegations in the affidavit filed with the criminal complaint, on October 27, 2016, a wildfire was reported on U.S. Forest Service (USFS) Road 388, commonly referred to as Board Tree Road, which is in Macon Co., and within the Nantahala National Forest. The fire was named “Grape Cove.” Court documents allege that the initial investigation of the fire determined that it was set intentionally. Additional investigation revealed that five other fires had been set in close proximity to the Grape Cove Fire, however they appeared to have gone out on their own. As alleged in court documents, over the course of the investigation of these small fires, law enforcement located several wooden stem matches. USFS firefighters conducted suppression of the wildfire, which burned approximately fifteen acres.
According to allegations contained in filed court documents, on November 22, 2016, a wildfire was reported at the end of U.S. Forest Service Road 763, commonly referred to as Jones Creek Road, by someone who identified himself as “Keith Mann.” USFS firefighters responded to the fire and took immediate suppression action. The fire was contained at approximately one acre and was named “Jones Creek.” As alleged in the criminal complaint, law enforcement became aware that a suspicious vehicle, identified as a mid-sized Chevrolet pickup, had been observed in the area.
According to allegations in the complaint, on November 23, 2016, law enforcement returned to the fire site. While there, law enforcement observed a small cardboard box located at the origin of the fire, with numerous burned wooden stemmed matches next to the box. According to allegations in the charging document, on the same day, law enforcement identified the caller who placed the call to Macon County 911 to report the second fire as the defendant, Keith Mann. Law enforcement made contact with Mann who admitted to setting the fires both on Board Tree Road and on Jones Creek Road.
The defendant had his initial appearance today before U.S. Magistrate Judge Dennis Howell. Mann’s detention hearing has been set for Monday, December 5, 2016.
The charge of destroying real property of the United States by means of fire carries a mandatory penalty of five years and a maximum of 20 years in prison.
The charges contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
The U.S. Forest Service is leading the investigation assisted by the Macon County Sheriff’s Office. Assistant United States Attorney Richard Edwards is in charge of the prosecution.
Four New Jersey Members of Violent, International Street Gang Sentenced to Life in Prison for Racketeering-Related ChargesRead the Press Release
NEWARK, N.J. – Five members of the New Jersey branch of the international street gang “La Mara Salvatrucha,” or “MS-13”– including the branch’s founding member – were sentenced to prison for their roles in a violent criminal enterprise that included murder, extortion, and plots to kill witnesses, U.S. Attorney Paul J. Fishman and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division announced today.
Santos Reyes-Villatoro, a/k/a “Mousey,” 43, of Bound Brook, New Jersey, Julian Moz-Aguilar, a/k/a “Humilde,” 29, of Plainfield, New Jersey, and Hugo Palencia, a/k/a “Taliban,” 24, of Plainfield, were each sentenced today to life plus 10 years in prison. Mario Oliva, a/k/a “Zorro,” 30, and Esau Ramirez, a/k/a “Panda,” 25, both of Plainfield, were sentenced Nov. 27, 2016 to life plus 10 years in prison and 169 months in prison, respectively.
All five defendents were previously convicted following a 16-week trial before U.S. District Judge Stanley R. Chesler, who imposed the sentences this week in Newark federal court. Reyes-Villatoro, Oliva, Moz-Aguilar, and Palencia were each convicted of racketeering conspiracy, murder in aid of racketeering, use of a firearm in a violent federal crime, and murder resulting from a federal firearm crime. Ramirez was convicted of racketeering conspiracy and conspiracy to commit murder in aid of racketeering.
According to the documents filed in this case and the evidence presented at trial:
MS-13 is a national and transnational gang with branches or “cliques” operating throughout the United States, including in Plainfield. All of the defendants were members of the “Plainfield Locos Salvatruchas” (PLS) clique of MS-13 that was founded by Reyes-Villatoro and operated in Union, Somerset, and Middlesex Counties. Reyes-Villatoro, Oliva and Roberto Contreras, a/k/a “Demonio,” 28, of Bound Brook, all served as “First Word,” or leader, of PLS.
From 2007 through September 2013, MS-13 members from PLS committed five murders in furtherance of MS-13’s objectives. On Feb. 9, 2009, Reyes-Villatoro, acting as the leader of PLS, drove Moz-Aguilar and other MS-13 members through the streets of Plainfield searching for rival gang members, eventually stopping at the Plainfield train station. There, Moz-Aguilar used a firearm previously provided by Reyes-Villatoro to murder a victim who was believed to be a member of the Latin Kings, a rival gang.
On Feb. 27, 2010, Oliva drove a female member of MS-13 to an empty parking lot in Piscataway, New Jersey, and murdered her because she was suspected of working with law enforcement. Oliva then fled New Jersey with the assistance of Contreras and hid from law enforcement with the MS-13 Pinos clique in Oxon Hill, Maryland.
On Nov. 11, 2010, Palencia drove another MS-13 member to the area around Barack Obama Academy in Plainfield, where they encountered students challenging MS-13. Palencia pulled over, provided a firearm to another MS-13 member and instructed him to shoot at one of the individuals. The MS-13 member shot into the crowd, killing a bystander.
On Jan. 10, 2011, Moz-Aguilar, Contreras and other MS-13 members were in a car when they spotted a suspected 18th Street gang member in front of a restaurant. Contreras stopped the vehicle and an MS-13 member exited, approached the suspected rival gang member and shot him in the head.
On May 8, 2011, Cruz Flores, a/k/a “Bruja,” 30, of Bound Brook, murdered a victim who was caught socializing with 18th Street gang members. Flores and another MS-13 member cut his throat, beat him with a bat and stabbed him in the back 17 times. An MS-13 member involved in this murder fled New Jersey and was driven to Maryland soon after law enforcement began searching for him.
Jose Garcia, a/k/a “Chucky” and “Diabolico,” 24, of Plainfield, recruited and hired MS-13 members from the Maryland-based Pinos clique to come to New Jersey and murder a woman in exchange for $40,000. The Pinos clique members were arrested by authorities as they pulled into Plainfield.
After several MS-13 members were arrested in July 2011, Ramirez and Garcia used phones from inside the Union County, New Jersey, jail to order the murder of three witnesses believed to be cooperating with police and responsible for their arrests.
According to evidence presented at trial, members of PLS also were responsible for an attempted murder of suspected Latin King members near a car wash in Plainfield; the attempted murder of suspected Latin King members in January 2009; a machete attack in May 2011 and another in June 2011 on the train tracks passing through Plainfield; an attempted murder shooting in Plainfield in May 2011; and several other violent crimes, including extortion, robbery and several weapons offenses.
The defendants were originally charged in a 26-count indictment returned by a federal grand jury in September 2013. As of today, 13 of the 14 individuals charged in that indictment have been convicted. One defendant remains a fugitive. Contreras, Garcia, and Flores await sentencing.
U.S. Attorney Fishman and Assistant Attorney General Caldwell credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), under Newark Field Office Director John Tsoukaris; and Homeland Security Investigations (ICE-HSI), under the direction of Special Agent in Charge Terence S. Opiola, with the investigation. They also thanked the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Grace H. Park, for long, close collaboration on the case.
They also thanked the Somerset County Prosecutor’s Office, under the direction of Acting Prosecutor Michael H. Robertson, and the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Andrew C. Carey, for their roles. They also acknowledged the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland, as well as the Plainfield Police Department, Union County Police Department, Union County Sheriff’s Office, Elizabeth Police Department, North Plainfield Police Department, Union County Department of Corrections, Prince George’s County, Maryland, Police Department and the U.S. Marshal’s Service for their assistance.
The government is represented by Assistant U.S. Attorneys James M. Donnelly and J. Jamari Buxton of the U.S. Attorney’s Office Criminal Division in Newark and by Kevin L. Rosenberg, of the Organized Crime and Gangs Section of the Department of Justice.
Four MS-13 Members Sentenced to Life and a Fifth to 169 Months in Prison for Racketeering-Related ChargesRead the Press Release
Five New Jersey gang members were sentenced to prison today and Monday of this week for conspiring to participate in racketeering activities and committing murders on behalf of the racketeering enterprise known as La Mara Salvatrucha, or MS-13, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey announced.
Santos Reyes-Villatoro, aka “Mousey,” 43, of Bound Brook, New Jersey, Julian Moz-Aguilar, aka “Humilde,” 29, of Plainfield, New Jersey, and Hugo Palencia, aka “Taliban,” 24, of Plainfield, were each sentenced today to life plus 120 months in prison. Mario Oliva, aka “Zorro,” 30, and Esau Ramirez, aka “Panda,” 25, both of Plainfield, were sentenced Nov. 27, 2016 to life plus 120 months in prison and 169 months in prison, respectively.
All five defendants were previously convicted following a 16-week trial before U.S. District Judge Stanley R. Chesler of the District of New Jersey. Reyes-Villatoro, Oliva, Moz-Aguilar and Palencia were each convicted of racketeering conspiracy, murder in aid of racketeering, use of a firearm in a violent federal crime and murder resulting from a federal firearm crime. Ramirez was convicted of racketeering conspiracy and conspiracy to commit murder in aid of racketeering.
According to the documents filed in this case and the evidence presented at trial, MS-13 is a national and transnational gang with branches, or cliques, operating throughout the United States, including in Plainfield. All of the defendants were members of the Plainfield Locos Salvatruchas (PLS) clique of MS-13 that was founded by Reyes-Villatoro and operated in Union, Somerset and Middlesex Counties. Reyes-Villatoro, Oliva and Roberto Contreras, aka “Demonio,” 28, of Bound Brook, all served as leaders, or First Word, of PLS.
According to the trial evidence, from 2007 through September 2013, MS-13 members from PLS committed five murders in furtherance of MS-13’s objectives. On Feb. 9, 2009, Reyes-Villatoro, acting as the leader of PLS, drove Moz-Aguilar and other MS-13 members through the streets of Plainfield searching for rival gang members, eventually stopping at the Plainfield train station. There, Moz-Aguilar used a firearm previously provided by Reyes-Villatoro to murder a victim who was believed to be a member of the Latin Kings, a rival gang.
On Feb. 27, 2010, Oliva drove a female member of MS-13 to an empty parking lot in Piscataway, New Jersey, and murdered her because she was suspected of working with law enforcement. Oliva then fled New Jersey with the assistance of Contreras and hid from law enforcement with the MS-13 Pinos clique in Oxon Hill, Maryland.
On Nov. 11, 2010, Palencia drove another MS-13 member to the area around Barack Obama Academy in Plainfield, where they encountered students challenging MS-13. Palencia pulled over, provided a firearm to another MS-13 member and instructed him to shoot at one of the individuals. The MS-13 member shot into the crowd, killing a bystander.
On Jan. 10, 2011, Moz-Aguilar, Contreras and other MS-13 members were in a car when they spotted a suspected 18th Street gang member in front of a restaurant. Contreras stopped the vehicle and an MS-13 member exited, approached the suspected rival gang member and shot him in the head.
On May 8, 2011, Cruz Flores, aka “Bruja,” 30, of Bound Brook, murdered a victim who was caught socializing with 18th Street gang members. Flores and another MS-13 member cut his throat, beat him with a bat and stabbed him in the back 17 times. An MS-13 member involved in this murder fled New Jersey and was driven to Maryland soon after law enforcement began searching for him.
The evidence presented at trial also showed that Jose Garcia, aka “Chucky” and “Diabolico,” 24, of Plainfield, recruited and hired MS-13 members from the Maryland-based Pinos clique to come to New Jersey and murder a woman in exchange for $40,000. The Pinos clique members were arrested by authorities as they pulled into Plainfield, before the murder could occur. In addition, after several MS-13 members were arrested in July 2011, Ramirez and Garcia used phones from inside the Union County, New Jersey, jail to order the murder of three witnesses believed to be cooperating with police and responsible for their arrests. Members of PLS also were responsible for an attempted murder of suspected Latin King members near a car wash in Plainfield; the attempted murder of suspected Latin King members in January 2009; a machete attack in May 2011 and another in June 2011 on the train tracks passing through Plainfield; an attempted murder shooting in Plainfield in May 2011; and several other violent crimes, including extortion, robbery and several weapons offenses.
The defendants were originally charged in a 26-count indictment returned by a federal grand jury in September 2013. Currently, 13 of the 14 individuals charged in that indictment have been convicted, and one defendant remains a fugitive. Contreras, Garcia and Flores await sentencing.
The FBI’s Newark Field Office, U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations and ICE Homeland Security Investigations investigated the case. The Union County Prosecutor’s Office provided substantial assistance in the investigation. The Somerset County, New Jersey, Prosecutor’s Office; Middlesex County, New Jersey, Prosecutor’s Office; U.S. Attorney’s Offices of the Eastern District of Virginia and the District of Maryland; Plainfield Police Department; Union County Police Department; Union County Sheriff’s Office; Elizabeth, New Jersey, Police Department; North Plainfield, New Jersey, Police Department; Union County Department of Corrections; Prince George’s County, Maryland, Police Department; and the U.S. Marshals Service also provided assistance in this matter. Trial Attorney Kevin L. Rosenberg of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys James Donnelly and Jamari Buxton of the District of New Jersey are prosecuting this case.
Former Local Employee Pleads Guilty to ExtortionRead the Press Release
CINCINNATI –Carlos Ruiz-Rodriguez, 25, of Cincinnati, Ohio, has pleaded guilty to extortion against a Cincinnati-based company. He was indicted by a federal grand jury in August.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea entered into today before U.S. District Judge Michael R. Barrett.
Ruiz-Rodriguez pleaded guilty to intruding computers and stealing proprietary information from the company he worked for.
He had been employed at the company for approximately two years as a call center employee. In his role, he had access to the company’s customer service portal and personally identifiable information for certain clients.
Ruiz-Rodriguez sent multiple extortion emails to the company between November 2015 and January 2016 via the internet showing proof of compromise of the company’s data. He stated that if the company did not pay a Bitcoin ransom, then the company schematics and client data would be released to the public.
Ruiz-Rodriguez then posted the company’s data on an internet “dark web” forum and received two separate ransom payments from his employer totaling approximately $15,000.
Extortion is a crime punishable by up to two years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorney Tim Mangan, who is prosecuting the case.
Former CWA Local President Indicted for Embezzlement and Bank FraudRead the Press Release
BIRMINGHAM – A federal grand jury today indicted the former president of the Communications Workers of America, Local 3901, in Oxford, Ala., for a scheme to embezzle more than $69,000 from the local chapter, announced U.S. Attorney Joyce White Vance and U.S. Department of Labor, Office of Labor-Management Standards, Investigator Hollis Lindley Jr.
A nine-count indictment filed in U.S. District Court charges MICHAEL LACKEY, 43, of Bremen, Ga., with bank fraud, embezzlement of labor union funds and failure to maintain labor union records.
Local 3901 members elected Lackey president in October 2008 and he remained in that position until October 2014. As president, Lackey held sole responsibility and control over the local’s finances, including its accounts at Wells Fargo and Regions banks.
According to the indictment, Lackey executed a scheme to defraud the banks between February 2010 and October 2014 by using his position as Local 3901 president to conduct unauthorized transactions to take money from the local’s bank accounts and use it for his personal benefit. Those transactions included writing checks to himself from Local 3901 accounts for unauthorized or nonexistent travel expenses, using debit cards he obtained on accounts for the local at both Regions and Wells Fargo for personal expenses, and making cash withdrawals from Local 3901 accounts at both banks for his personal use, the indictment charges.
Lackey embezzled about $69,194 from Local 3901 and attempted to conceal the theft by failing to maintain records of his unauthorized transactions and by failing to seek approval for expenditures, as required by federal law and the Local 3901 constitution and bylaws, according to the indictment.
The maximum penalty for bank fraud is 30 years in prison and a $250,000 fine. The maximum penalty for embezzlement is five years in prison and a $10,000 fine, and the maximum for failure to maintain labor union records is one year and a $10,000 fine.
The U.S. Department of Labor, Office of Labor-Management Standards, investigated the case, which Assistant U.S. Attorney Xavier O. Carter Sr. is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Florida Keys Boat Lift Installation Company and South Florida Resident Sentenced in Connection with Rivers and Harbors Act ViolationsRead the Press Release
A Florida Keys boat lift installation company and a South Florida resident pled guilty and were sentenced in connection with the installation of illegal boat lifts without the requisite federal permits from the United States Army Corp of Engineers (ACOE).
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida; Colonel Jason Kirk, District Engineer, United States Army Corps of Engineers, Jacksonville District; John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office; Frank Robey, Director, United States Army Criminal Investigation Command, Major Procurement Fraud Unit; and Andy Castro, Special Agent in Charge, United States Environmental Protection Agency (EPA), Criminal Investigation Division, Atlanta Area Office.
Florida Keys company Kevin P. Mason Builder, LLC (Mason) and Jennifer Ashlee Davis, 32, of Tavernier, pled guilty and were sentenced today in federal court in Key West before United States District Court Judge Jose E. Martinez. Mason and Davis pled guilty for their involvement in the building of approximately twelve boat lifts and associated structures without federal permits issued by the ACOE, in violation of Title 33, United States Code, Sections 403 and 406. Mason was sentenced to five years of probation, ordered to pay a $15,000 fine, and required to implement and enforce an Environmental Compliance Plan. Davis was sentenced to one year of probation and ordered to pay a $2,000 fine.
According to court records, including a joint factual statement, the Rivers and Harbors Act prohibits commencing building any structure in any navigable water of the United States without authorization from the ACOE. Mason was in the business of installing boat lifts and other associated structures in navigable waters and was subject to ACOE permitting. Davis was the permitting agent, acting on behalf of Mason and the individual property owners. Both Mason and Davis were responsible for applying for and obtaining all necessary authorization including, but not limited to, ACOE permits. Mason and Davis knew that permits were required, prior to commencing all work. Between February 1, 2015 and September 30, 2015, the Mason and Davis commenced and/or completed 12 boat lift installations knowing no ACOE authorization had been granted.
U.S. Attorney Wifredo Ferrer stated, “It is imperative that companies and their agents abide by all compliance programs, including permit regulations, to ensure the protection of our environment.”
“The United States Army Corps of Engineers, Department of Defense, is charged with managing the Intracoastal Waterways to protect vital resources,” said Special Agent in Charge John F. Khin, Defense Criminal Investigative Service (DCIS) Southeast Field Office. “DCIS will investigate those who defraud the Government by circumventing United States law intended to protect our waterways, and hold them accountable for their actions. This resolution sends a clear message that preserving the environment of the Florida Keys is taken very seriously.”
“The United States Army Corps of Engineers, is responsible for regulating construction activities, which affect the navigable waters of the United States,” said Director Frank Robey, Major Procurement Fraud Unit (MPFU), United States Army Criminal Investigation Command (USACIDC). “USACIDC will investigate those who defraud the Government to circumvent United States laws intended to protect our navigable waters, and hold them accountable for their actions. This resolution sends a clear message that preserving the environment of the Florida navigable waters is a priority for the United States Army.”
Mr. Ferrer commended the investigative efforts of the U.S. Army Corps of Engineers, DCIS, U.S. Army Criminal Investigation Command’s, Major Procurement Fraud Unit, and EPA. The case was prosecuted by Special Assistant U.S. Attorney Jodi A. Mazer of the Economic & Environmental Crimes Section.
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.
Federal Judge Sentences Former Headmaster to Five Years for Stealing Nearly $9 Million from School and Affiliated ChurchRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Max O. Cogburn, Jr. today sentenced the former headmaster of a Huntersville, N.C. area parochial school to 60 months in prison for embezzling nearly $9 million from the school and its affiliated church, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Wayne C. Parker, Jr., 57, of Mooresville, N.C., was also ordered to serve three years under court supervision after he is released from prison and to pay $6,606,463 as restitution in addition to the approximately $3,000,000 the defendant has already paid.
U.S. Attorney Rose is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Cleveland L. Spruill of the Huntersville Police Department.
According to information contained in filed court documents and today’s sentencing hearing, from about January 2000 to in or about August 2014, Parker executed a scheme to defraud his employer, a parochial school (School) and its affiliated church (Church), both located in Huntersville, of at least $9 million, by embezzling Church and School bank funds to pay for his personal expenses and the personal expenses of an unnamed co-conspirator.
Court documents show that sometime after joining the Church in 1991, Parker became volunteer treasurer, giving him access to and control over the Church bank accounts. In 1996, Parker was hired as Headmaster of the School, which was founded in 1994 by members of the Church. As headmaster, Parker was responsible for the administration of the School and its finances and had control over its bank accounts.
According to court documents, beginning in at least 2000, Parker began stealing money from the Church and School and used it to pay for personal expenses. For example, in 2000, when he needed extra money to build a house for his family in Mooresville, Parker stole approximately $100,000 from the School and Church to complete the project. Over the next 14 years, court documents allege that Parker used School and Church funds to pay for numerous expenses, including, among other things, the purchase of multiple plots of real estate; vacations around the world; luxury vehicles; luxury dining; Carolina Panthers preferred seats licenses; credit card bills; a boat and jet skis; gold and silver coins; and gifts for family and friends. In 2010, court records show that Parker stole School and Church funds to build a lake front house for approximately $1.2 million dollars. In order to properly fund the construction, Parker made all the School employees take a 5% cut which he publically claimed was due to tough economic conditions.
According to court records, as part of the scheme to siphon School and Church funds, and to hide his theft, Parker opened approximately 29 checking accounts, obtained 26 credit cards, seven loans, and created nine limited liability companies.
As reflected in court documents, in addition to embezzling funds for his own use, Parker also embezzled School and Church funds at the direction of an unnamed co-conspirator. Court documents allege that beginning in 2000, Parker issued additional paychecks to the co-conspirator above and beyond what he was entitled to by the terms of the co-conspirator’s employment. As the scheme progressed overtime, in addition to extra salary checks, Parker used Church and School funds to pay for the co-conspirator’s personal expenses, including college tuition, medical bills, taxes, cars, and credit card bills.
As part of his scheme, and to hide his embezzlement activities from the School’s governing board, Parker created a false, fraudulent and fictitious document from an accounting firm purporting to be the results of an audit. The document falsely stated that the School had been through a full audit and received an unqualified opinion letter giving the School a clean financial bill of health.
According to court documents, in the summer of 2014, after the Church leadership became suspicious of Parker’s activities and called for an independent audit, Parker intentionally stole and destroyed school financial records in an attempt to prevent law enforcement and others from discovering the nature and extent of his embezzlement activities. Additionally, Parker sold one of the houses that he had constructed with embezzled funds to one of his children, for a significantly undervalued price, to hide his crimes and prevent law enforcement from seizing that property. In total Parker’s scheme resulted in a loss of at least $9 million dollars to the Church and School.
In announcing today’s sentence, Judge Cogburn stated, “There has been a huge amount of money stolen,” and that the defendant’s actions were “A concentrated effort over a long period of time,” adding that these “Dedicated teachers deserve better than what’s happened to them.”
Parker will be ordered to report to the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the FBI and the Huntersville Police Department. The prosecution for the government is being handled by Assistant United States Attorney Kevin Zolot of the U.S. Attorney’s Office in Charlotte.
Federal Judge Sentenced Altoona Heroin Dealer to 8 Years in PrisonRead the Press Release
JOHNSTOWN, Pa. - A resident of Altoona, Pa., has been sentenced in federal court to 96 months in prison, and four years’ supervised release on his conviction of conspiracy to distribute and possess with the intent to distribute a quantity of heroin, Acting United States Attorney Soo C. Song announced today.
United States District Judge Kim R. Gibson imposed the sentence on Darrin Canaan, 37, of Altoona, Pa.
According to information presented to the court, from Jan. 22, 2015, to April 17, 2015, Canaan conspired to distribute and possess with the intent to distribute a quantity of heroin.
Assistant United States Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Ms. Song commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania Attorney General's Office, the Cambria County Drug Task Force, the Altoona Police Department, and the Cambria County District Attorney's Office, for the investigation leading to the successful prosecution of Canaan.
Evansville man charged with two eastside business robberiesRead the Press Release
Alleged to have robbed a Walmart Neighborhood Market and Walgreens Pharmacy
PRESS RELEASE
Evansville—United States Attorney Josh J. Minkler announced today charges against an Evansville man for his role in two Evansville robberies. Malcolm Washington 24, was indicted by a federal grand jury on charges of robbery and using a firearm in relation to a crime of violence.
“Reducing violent crime in our neighborhoods remains a top priority of my office,” said Minkler. “Those who choose to terrorize our local businesses using firearms, will face the hammer of federal prosecution.”
Count one of the indictment alleges that on October 17, 2016, Washington entered the Walmart Neighborhood Market at 3430 Taylor Avenue and while brandishing a firearm stole money from the cash register and cigarettes from the counter. He also demanded employees to go to a certain area of the store and took their debit cards and cell phones.
Count two and three of the indictment allege on October 17, 2016, Washington entered the Walgreens at 925 South Green River Road and brandished a firearm demanding the clerk take him to the business safe and took money from both the safe and the cash register.
A short time after the Walgreens’ robbery, officers from the Evansville Police Department located Washington in the vicinity carrying a handgun in his coat pocket. He pointed the gun at the officers but dropped it on the ground. He picked it up and ran from the officers but was quickly apprehended a short time later.
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Evansville Police Department and the Vanderburgh County Sheriff’s Office.
“There is no place in our community for individuals who use firearms for criminal purposes,” said Trevor Velinor, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with the United States Attorney’s Office, the FBI, the Evansville Police Department, and the Vanderburgh County Sheriff’s Office to ensure that individuals who engage in violent acts are brought to justice.”
“The Evansville Police Department appreciates the continued assistance from the U.S. Attorney’s Office as we work together to remove dangerous criminals from our community,” said Chief Billy Bolin.
According to Assistant United States Attorney Lauren M. Wheatley who is prosecuting this case for the government, Washington could face up to life imprisonment if convicted on all counts.
An indictment is only charge and not evidence of guilt. All parties are presumed innocent until proven otherwise in federal court.
Employee of Biofuel Feedstock Company Pleads Guilty to ConspiracyRead the Press Release
An employee of a New Jersey feedstock collector and processor pleaded guilty to conspiracy for his role in a scheme to alter and destroy documents following the company’s receipt of a subpoena issued by a federal grand jury sitting in the Southern District of Ohio.
William Letona, 49, pleaded guilty before U.S. District Magistrate Judge Norah McCann King for the Southern District of Ohio, announced Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division, Acting U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio and Acting Special Agent in Charge John Gauthier of Environmental Protection Agency’s (EPA) Criminal Enforcement Program in Ohio.
Letona admitted to conspiring with others to obstruct a grand jury investigating the fraudulent generation of EPA renewable fuels credits (RIN credits) and Internal Revenue Service (IRS) tax credits connected to the purported production of renewable fuel. Specifically, documents were falsified and destroyed in order to hide the fact that fuel purchased from a broker by Letona’s employer, Unity Fuels, was sold back to the broker as “Recycled Vegetable Oil Blend.” This maneuver enabled RIN credits and IRS credits to be claimed multiple times on the same material.
“Lies and deceit intended to thwart federal investigations will not be tolerated,” said Assistant Attorney General Cruden. “This case demonstrates that the Department of Justice will vigorously prosecute those who act dishonestly in responding to federal Grand Jury subpoenas.”
Conspiracy is punishable by up to five years in prison. U.S. District Judge James L. Graham will determine Letona’s sentence following a pre-sentence investigation by the court.
Assistant Attorney General Cruden and Acting U.S. Attorney Glassman commended the cooperative investigation by law enforcement, including the IRS and the Federal Bureau of Investigation, as well as Department of Justice Trial Attorney Adam Cullman, Senior Trial Attorney Jeremy Korzenik and Assistant United States Attorney J. Michael Marous, who represented the United States in this case.
Court Authorizes Service of John Doe Summons Seeking the Identities of U.S. Taxpayers Who Have Used Virtual CurrencyRead the Press Release
A federal court in the Northern District of California entered an order today authorizing the Internal Revenue Service (IRS) to serve a John Doe summons on Coinbase Inc., seeking information about U.S. taxpayers who conducted transactions in a convertible virtual currency during the years 2013 to 2015. The IRS is seeking the records of Americans who engaged in business with or through Coinbase, a virtual currency exchanger headquartered in San Francisco, California.
“As the use of virtual currencies has grown exponentially, some have raised questions about tax compliance,” said Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division. “Tools like the John Doe summons authorized today send the clear message to U.S. taxpayers that whatever form of currency they use – bitcoin or traditional dollars and cents – we will work to ensure that they are fully reporting their income and paying their fair share of taxes.”
“Transactions in virtual currency are taxable just like those in any other property,” said IRS Commissioner John Koskinen. “The John Doe summons is a step designed to help the IRS ensure people doing business in the emerging economy are following the tax laws and meeting their responsibilities.”
Virtual currency, as generally defined, is a digital representation of value that functions in the same manner as a country’s traditional currency. There are nearly a thousand virtual currencies, but the most widely known and largest is bitcoin. Because transactions in virtual currencies can be difficult to trace and have an inherently pseudo-anonymous aspect, taxpayers may be using them to hide taxable income from the IRS. In the court’s order, U.S. Magistrate Judge Jacqueline Scott Corley found that there is a reasonable basis for believing that virtual currency users may have failed to comply with federal tax laws.
The IRS has issued guidance regarding the tax consequences on the use of virtual currencies in IRS Notice 2014-21, which provides that virtual currencies that can be converted into traditional currency are property for tax purposes, and a taxpayer can have a gain or loss on the sale or exchange of a virtual currency, depending on the taxpayer’s cost to purchase the virtual currency (that is, the taxpayer’s tax basis).
The court’s order grants the IRS permission to serve what is known as a “John Doe” summons on Coinbase. There is no allegation in this suit that Coinbase has engaged in any wrongdoing in connection with its virtual currency exchange business. Rather, the IRS uses John Doe summonses to obtain information about possible violations of internal revenue laws by individuals whose identities are unknown. This John Doe summons directs Coinbase to produce records identifying U.S. taxpayers who have used its services, along with other documents relating to their virtual currency transactions.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Cheektowaga Man Pleads Guilty to Child Pornography ChargeRead 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 Joseph Kurowski, 23, of Cheektowaga, NY, plead guilty to possession of child pornography before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum sentence of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in the spring of 2015, Kurowski began communicating via text message with a 17-year-old female. The text messages were sexually explicit in nature. On April 10, 2015, the defendant asked her to send him a sexually explicit photograph which she then sent via text message. Kurowski was aware that she was a minor at the time he received this image.
The plea is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-In-Charge and the Blasdell Police Department, under the direction of Lieutenant Joseph Gramaglia.
Sentencing is scheduled for March 7, 2017, at 9:00 a.m. before Judge Vilardo.
Check Casher Indicted for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
A federal grand jury sitting in Macon, Georgia returned an indictment against a Columbus, Georgia resident on Nov. 9, which was unsealed today, for her role in a stolen identity refund fraud conspiracy, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney G.F. Peterman III for the Middle District of Georgia.
According to the indictment, throughout 2013, Shade Bakare cashed fraudulently obtained tax refund checks at the request of several individuals, including co-conspirators Tracy and Dameisha Mitchell, in exchange for a fee. Bakare endorsed several of the checks, and cashed many of the checks at Big O’s Package Store located in Columbus, Georgia. Bakare provided the cash, minus the fee she charged, to Dameisha Mitchell and others. In addition to cashing these refund checks, Bakare filed fraudulent tax returns using stolen identities. Bakare obtained an Electronic Filing Identification Number from co-conspirator Danielle Wallace and used it to file fraudulent tax returns. Bakare directed the tax refunds to financial institutions which issued the refunds via check. Bakare and others cashed those checks at various locations, including Big O’s Package Store.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Bakare faces a statutory maximum sentence of five years in prison for the conspiracy count, 10 years in prison for each theft of public funds count, 20 years in prison for each wire fraud count, and a mandatory minimum sentence of two years in prison for aggravated identity theft. Bakare also faces a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Peterman commended special agents of Internal Revenue Service-Criminal Investigation and the U.S. Secret Service, who conducted the investigation, and Trial Attorney Michael C. Boteler of the Tax Division and Assistant U.S. Attorney Melvin Hyde of the Middle District of Georgia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Check Casher Indicted for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
WASHINGTON – A federal grand jury sitting in Macon, Georgia returned an indictment against a Columbus, Georgia resident on Nov. 9, which was unsealed today, for her role in a stolen identity refund fraud conspiracy, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney G.F. Peterman III for the Middle District of Georgia.
According to the indictment, throughout 2013, Shade Bakare cashed fraudulently obtained tax refund checks at the request of several individuals, including co-conspirators Tracy and Dameisha Mitchell, in exchange for a fee. Bakare endorsed several of the checks, and cashed many of the checks at Big O’s Package Store located in Columbus, Georgia. Bakare provided the cash, minus the fee she charged, to Dameisha Mitchell and others. In addition to cashing these refund checks, Bakare filed fraudulent tax returns using stolen identities. Bakare obtained an Electronic Filing Identification Number from co-conspirator Danielle Wallace and used it to file fraudulent tax returns. Bakare directed the tax refunds to financial institutions which issued the refunds via check. Bakare and others cashed those checks at various locations, including Big O’s Package Store.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Bakare faces a statutory maximum sentence of five years in prison for the conspiracy count, 10 years in prison for each theft of public funds count, 20 years in prison for each wire fraud count, and a mandatory minimum sentence of two years in prison for aggravated identity theft. Bakare also faces a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Peterman commended special agents of Internal Revenue Service-Criminal Investigation and the U.S. Secret Service, who conducted the investigation, and Trial Attorney Michael C. Boteler of the Tax Division and Assistant U.S. Attorney Melvin Hyde of the Middle District of Georgia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Carlsbad Man Sentenced to Federal Prison for Role in Scheme to Launder Money for Drug Rings, Including the Sinaloa CartelRead the Press Release
LOS ANGELES – A Carlsbad man has been sentenced to five years and three months in federal prison for his part in an international money laundering organization that conspired to move more than $15 million dollars in drug money for organizations that included the Sinaloa Cartel.
Bradley John Martin, 55, received the 63-month sentence on Monday from United States District Judge Christina A. Snyder.
Martin pleaded guilty in May to conspiracy to launder money and operating an unlicensed money remitting business. The illegal scheme spanned the world and involved operatives in Canada, India, the United States and Mexico who laundered drug trafficking proceeds generated the sale of narcotics in Canada and the United States for and on behalf of the Sinaloa Cartel and their affiliated drug trafficking organizations. The laundered money was to have either been transported to the Sinaloa Cartel as profits or reinvested in additional narcotics to be sold and distributed in the United States and Canada.
In his plea agreement, Martin admitted that he was a repeat money courier in an international “hawala” ring that transferred narcotics proceeds for the Sinaloa drug cartel and other drug trafficking organizations. Specifically, Martin admitted to personally transporting over $1.8 million in cash that he knew to be the proceed of drug trafficking.
“Law enforcement will continue to use every available tool to cripple the operations of major drug trafficking operations like the Sinaloa Cartel,” said United States Attorney Eileen M. Decker. “This case shows that membership in the cartel is not a prerequisite to prosecution; criminals outside of the cartel that enable drug trafficking will also face substantial prison sentences.”
According to the indictment, a “hawala” is an alternative form or method of money remittance which operates outside of traditional banking or financial systems. Through hawala transactions, only the value of the money is transferred, not the money itself. The hawala system transfers money via a network of brokers known as “hawaladars.” In its most basic form, a hawala needs at least two brokers who are typically located in separate countries (but can be located in different cities within one country). The transfer of monetary value occurs between the brokers based solely upon the trust that exists between the brokers. Thus, there are no promissory instruments or any legally binding features of the hawala system. The necessary trust and long-established connections between brokers are typically based on familial, ethnic, religious, regional and/or cultural grounds. Often, a given hawala network consists of many brokers operating in multiple countries around the world in which all brokers are in contact with each other and money movements can occur in a variety of directions from one country to another.
The indictment specifically alleges that the hawala network transferred more than $4.5 million in narcotics proceeds and was involved in the trafficking of 29 kilograms of cocaine and approximately 90 pounds of methamphetamine. However, during the course of a four-year federal wiretap investigation by the Drug Enforcement Administration’s LA Strike Force and IRS Criminal Investigation, authorities seized a total of $15,467,293 in bulk United States currency, 321 kilograms of cocaine, 98 pounds of methamphetamine, 11 kilograms of MDMA (“ecstasy”) and nine kilograms of heroin.
“Individuals lending assistance to drug traffickers in the form of laundering drug proceeds are arguably no better than the traffickers themselves,” said Drug Enforcement Administration Special Agent in Charge John S. Comer. “Martin’s sentence is a warning to others that might be tempted to collude with drug trafficking organizations.”
“Martin – a frequent money courier for the Sinaloa Drug cartel – used Bud Light and Diet Coke cardboard drink boxes to move illicit drug proceeds through Southern California. IRS Criminal Investigation will continue our vigilant pursuit of unlicensed money transmitters who attempt to circumvent the financial system of the United States,” stated Anthony J. Orlando, Acting Special Agent in Charge of IRS Criminal Investigation.
Martin is one of 15 defendants who have been arrested in this case. Of the 15 who have been arraigned, 11 have pleaded guilty, and four of them have been sentenced. Three defendants are scheduled for trial in April, 2017. One defendant – Breidi Alberto Espinoza, 28, of Corona – was arrested this summer, subsequently freed on bond, and is now a fugitive who is believed to have fled to Mexico.
The indictment charges seven defendants who are currently fugitives. They are:
- Sanjeev Bhola, of India;
- Balwat Bhola, of India;
- Bakshish Sidhu, of India;
- Jason Robert Carey, 37, a resident of the province of Ontario;
- Jesus Manuel Perez Rios, 33, of Coachella, who authorities believe fled to Mexico;
- Tina Pham, 25, of Montreal; and
- a Canadian man known only as “Buddy.”
The investigation in this case is being conducted by the Drug Enforcement Administration and IRS Criminal Investigation. These agencies received assistance and support from the Santa Ana Police Department, the Beverly Hills Police Department and the Pomona Police Department.
This case is being prosecuted by Assistant United States Attorneys Carol Alexis Chen and Ellen E. Lansden of the Organized Crime Drug Enforcement Task Force.
CEO of Schaumburg Consulting Firm Arrested on Fraud Charges for Misrepresenting Company’s Financial ConditionRead the Press Release
CHICAGO — The chief executive of a publicly-traded consulting firm has been charged in federal court with fraudulently misrepresenting the company’s financial condition and lying to regulators.
NANDU THONDAVADI, the CEO of Schaumburg-based Quadrant 4 System Corp., intentionally misrepresented the firm’s cash flow and concealed its liabilities in filings with the U.S. Securities and Exchange Commission, according to a criminal complaint and affidavit filed in U.S. District Court in Chicago. Thondavadi certified filings that misrepresented and concealed from the company’s auditors and shareholders the terms of certain acquisitions and the amount of a liability stemming from a lawsuit, the complaint states. The misrepresentations and concealments were intended to artificially inflate the company’s share price, according to the complaint.
The complaint charges Thondavadi and Quadrant 4’s chief financial officer, DHRU DESAI, with one count of wire fraud and one count of willfully certifying false financial reports. Thondavadi faces an additional charge of making false statements to the SEC.
Thondavadi, 62, of North Barrington, and Desai, 55, of Barrington, were arrested this morning. They are scheduled to make initial court appearances today at 11:30 a.m. before U.S. Magistrate Judge Michael T. Mason.
Also this morning, federal authorities executed a search warrant at Quadrant 4’s corporate headquarters in the 1500 block of East Woodfield Road in Schaumburg.
The complaint and arrests were 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 SEC assisted in the investigation.
Quadrant 4 has offices in seven U.S. states as well as India. It provides software products, platforms and consulting services to customers in the healthcare and education sectors. As a publicly traded company, Quadrant 4 is required to provide to the SEC on a quarterly and annual basis a detailed report of its financial condition.
Federal authorities launched an investigation of the company earlier this year based on indications that the firm’s recent annual reports to the SEC contained false information, the complaint states. The investigation revealed that Thondavadi and Desai certified the reports even though they knew the documents did not fairly present the true financial condition of the company, according to the complaint. Thondavadi then lied under oath when questioned by the SEC in May about some of the falsehoods, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Wire fraud and willfully certifying false financial reports are each punishable by up to 20 years in prison, while making false statements to the SEC is punishable by up to five years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Matthew Madden.
Berkeley County man pleads guilty to oxycodone distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Michael Ernest Marshall, 33, of Charles Town, West Virginia, pled guilty to distributing oxycodone, United States Attorney William J. Ihlenfeld, II, announced.
Marshall admitted to distributing oxycodone in Jefferson County, West Virginia in June 2016. He pled guilty to one count of “Possession with Intent to Distribute Oxycodone.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Paul T. Camilletti and Special Assistant U.S. Attorney Lara Omps-Botteicher, also of the West Virginia Assistant Attorney General’s Office, prosecuted the case on behalf of the government. The Drug Enforcement Administration and the Jefferson County Sheriff’s Office investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Baltimore Man Sentenced to over 31 Years in Federal Prison for Extortion Related to a MurderRead the Press Release
Baltimore, Maryland –Matthew Hightower, age 34, of Baltimore, was sentenced today to 380 months in prison, followed by five years of supervised release, for collection of a debt by extortionate means, and use of interstate facilities for extortion resulting in death in connection with the murder of victim David Wutoh. Hightower was convicted by a federal jury on September 22, 2016, after a seven-day trial.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; and Chief James W. Johnson of the Baltimore County Police Department.
According to evidence presented at trial, in 2013, Matthew Hightower was employed at RX Resources and Solutions (RXRS) as a delivery driver. RXRS was owned by Hightower’s co-defendant, Harry Crawford, who was also Hightower’s boss at RXRS.
According to trial testimony and Crawford’s plea agreement, in 2013 Crawford approached Hightower to facilitate a loan to Crawford’s longtime friend, David Wutoh. Wutoh promised Hightower that in exchange for $15,000 in cash, Wutoh would pay Hightower $20,000 within a short period of time. Crawford also loaned Wutoh at least $6,000 of his own money. Wutoh did not pay either man back the money he had borrowed, and as a result, from May through September 2013, Crawford and Hightower used cellular telephones and electronic messaging to harass, threaten, and coerce Wutoh to repay the loans.
For example, according to Crawford’s plea agreement, on June 7, 2013, Wutoh sent an electronic message to Crawford stating, “Battery dying.” Crawford responded, “You will be also. Stop playing with people’s money.” On June 11, 2013, Crawford left Wutoh a voicemail, “Dave, I hope you don’t wanna go to sleep permanently. Give me a call.”
According to trial testimony, after further discussions about whether Wutoh would pay Hightower back, Crawford texted Wutoh on June 12, 2013, “You are putting me in a bad bad bad position I vouch for you and now you are sh**ting on Matt I have no control if you get hurt...” In response to these threats, Wutoh paid Hightower $6,000 of the $20,000 he had promised. On August 27, 2013, Hightower texted Wutoh that he was “really sick of your lies.” On September 6, 2013, Wutoh sent a message to Hightower in an attempt to repay Hightower with prescription drugs instead of money, which Hightower refused. Between September 6 and September 9, 2013, Hightower sent several messages to Wutoh about wanting his “money,” including a text to Wutoh stating, “Wheres my cheese man I don’t have time for these games.” “Cheese” is a slang term for money. On September 13, 2013, Crawford sent a message to Wutoh telling him to put him in his will. Wutoh responded to Crawford, “you are.” As of September 21, 2013, Wutoh had not repaid Hightower or Crawford all of the money he borrowed from them.
According to trial testimony, on the evening of September 21 and the early morning hours of September 22, 2013, Hightower traveled from West Baltimore to East Baltimore County in the area of Wutoh’s home. According to testimony at Hightower’s trial, at approximately 2:45 a.m., Matthew Hightower walked up to the driveway of the house where Wutoh was staying and shot seven times through the window at Wutoh, who was asleep on the couch in the living room. Wutoh was shot in the arm, leg, and head, killing him almost instantly. Then Hightower fled the scene. According to the evidence presented in court, moments later, Hightower answered a phone call on a phone he used, but had registered in another person’s name. Records showed the phone was located in close proximity to the house where Wutoh was murdered. Hightower was subsequently interviewed by investigators, and he denied being “anywhere” in the vicinity of the murder. Several weeks later, Crawford asked an associate of Wutoh questions about Wutoh’s will.
On November 22, 2016, Harry Crawford, age 56, of Baltimore, pleaded guilty to: collection of a debt by extortionate means from victim David Wutoh; conspiracy to commit health care fraud in connection with schemes to defraud Medicaid and other health benefit programs of more than $1.2 million; and conspiracy to defraud the United States, for not reporting income from the health care fraud scheme on his taxes, resulting in over $125,000 in taxes owed. Judge Garbis scheduled sentencing for Crawford on March 28, 2017, at 11:30 a.m. Crawford is released under the supervision of U.S. Pretrial Services.
Hightower and co-defendant Elma Myles, age 52, of Baltimore, are scheduled to go to trial on charges related to the health care fraud scheme on January 23, 2017. Hightower remains detained.
United States Attorney Rod J. Rosenstein commended the HHS-OIG, IRS, and Baltimore County Police Department for their work in the investigation, and thanked the Maryland Attorney General’s Office Medicaid Fraud Control Unit for its assistance. Mr. Rosenstein thanked Assistant U.S. Attorneys Aaron S.J. Zelinsky, Judson T. Mihok, and Sandra Wilkinson, who are prosecuting the case.
Aquarium Operator Sentenced to Additional Prison Term for Violating Conditions of ReleaseRead the Press Release
Aquarium operator re-sentenced to eight additional months of incarceration, after violating conditions of his release.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Tracy Dunn, Assistant Director, NOAA Fisheries Office of Law Enforcement, and David Pharo, Resident Agent in Charge U.S. Fish & Wildlife Service, Miami, made the announcement.
Ammon Covino, 43, formerly of Meridian, Idaho, was ordered to return to prison today for eight months and to serve an additional one-year term of supervised release, following a re-sentencing hearing before U.S. District Judge Jose E. Martinez in Key West. Covino violated court-imposed employment restrictions as a result of his 2013 conviction for conspiring to harvest, transport, and sell spotted eagle rays and lemon sharks, knowing the marine life were taken, possessed, transported, sold, and intended to be sold in violation of the laws and regulations of the State of Florida, contrary to the federal Lacey Act, all in violation of Title 18, United States Code, Section 371.
According to the original charging Indictment, during the period of March 2012 through approximately November 2012, Covino and others purchased and transported wildlife from the Florida Keys to Idaho for exhibit at the Idaho Aquarium in Boise. The wildlife included spotted eagle rays and lemon sharks, which required Florida licenses and permits never acquired by the participants in the deals. Covino at the time was an officer of the Aquarium, had been advised of the requirements of the law, and nevertheless directed his Florida-based suppliers to ignore the law and make the shipments. Unknown to Covino at the time of the phone calls, that business owner was cooperating with federal authorities and the phone conversations and text messages were recorded. Payment for the various specimens was made by credit cards held in the Aquarium?s name. In the same case, Idaho Aquarium, Inc. pled guilty to the same conspiracy count and was ordered to pay a $50,000 penalty.
Covino was originally sentenced in December 2013 by United States District Court Judge Jose E. Martinez to a term of imprisonment of one year and a day, followed by a term of supervised release of 2 years, and was barred from any employment during that period that involved the possession, display, transportation, exhibition, purchase, or sale of marine life.
In February 2016, Covino was sentenced to an additional 3 months in prison and a $50,000 financial penalty, for violating the special employment restrictions after agents discovered that he had secretly become involved in the development and construction of two aquarium facilities in the State of Texas, using false names and false claims of employment.
According to statements made in court during today’s hearing, within five days of Covino’s release from his most recent prison sentence, he again became involved in consulting and directing the development, construction, and exhibition details for two new aquarium facilities, located in Layton, Utah and Las Vegas, Nevada. Covino traveled to visit the facilities several times and lied to his probation officer regarding his travels.
Mr. Ferrer commended the joint investigative efforts of the Special Agents of the NOAA Office of Law Enforcement and the Fish & Wildlife Service Office of Law Enforcement who participated in the long-term investigation into the illegal harvesting and sale of marine life resources from the Florida Keys. This matter was prosecuted by Assistant U.S. Attorney Thomas Watts-FitzGerald of the Economic & Environmental Crimes Section.
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.
Alleged Pimp Arrested on Federal Sex Trafficking Charges Related to 16-Year-Old Victim Who Worked as Prostitute in Inland EmpireRead the Press Release
RIVERSIDE, California – Law enforcement authorities have arrested an alleged pimp who is charged with trafficking a 16-year-old girl and advertising her services as a prostitute in an online publication.
Lawrence Gunn Jr., 32, was arrested without incident Tuesday afternoon at a Woodland Hills apartment complex where he appears to have been residing. Gunn was arrested pursuant to a criminal complaint filed last week in United States District Court that that charges him with sex trafficking of a child by force, fraud or coercion.
The arrest of Gunn was announced today when the criminal complaint was unsealed. Gunn made his initial appearance in the case this afternoon in federal court in Riverside and remains in custody.
Gunn, who is also known as “Classified,” allegedly branded his prostitutes with tattoos of his moniker to mark his “stable” of sex workers.
The investigation into Gunn began in February when the 16-year-old victim was traced to a Moreno Valley motel, where authorities discovered five victims who were working for Gunn – three of whom were minors. Several of the victims had tattoos that read “Classified,” including the 16-year-old victim, who had the tattoo over her right eye.
The investigation showed that the victims had placed advertisements for commercial sex acts on Backpage.com and that Gunn had about a dozen women and girls working for him. One of the victims had posted hundreds of ads for sex services in states as far away as Alaska and Minnesota, according to the affidavit in support of the criminal complaint. Several victims told authorities that Gunn took all of the money they collected from customers, with one victim using a wire transfer service to send more than $17,000 to Gunn over the course of three months.
“Every day, human trafficking victimizes large numbers of women and children, causing victims physical harm and long-lasting emotional trauma,” said United States Attorney Eileen M. Decker. “This case demonstrates that law enforcement has adopted a new approach that views the women and children as crime victims, but we will continue to aggressively prosecute their traffickers.”
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The charge of child sex trafficking carries a mandatory minimum sentence of 10 years in federal prison and statutory maximum sentence of life.
This case was investigated by the Riverside County Anti-Human Trafficking Task Force, which include representatives from the Riverside County Sheriff’s Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The Moreno Valley Police Department, the San Bernardino County Sherriff’s Office, the Los Angeles County Sheriff’s Department and the Los Angeles Police Department assisted in the investigation.
“Forcing anyone, much less a child, to prostitute themselves under the constant threat of physical harm is not only criminal – it is morally reprehensible,” said Joseph Macias, special agent in charge for HSI Los Angeles. “That what amounts to modern slavery occurs here in our communities in the 21st century is inconceivable. HSI is committed to working with our law enforcement partners to ensure that those involved are held accountable for their crimes.”
This case is being prosecuted by Assistant United States Attorney Tritia L. Yuen of the Riverside Branch Office.
Albuquerque Man Sentenced to Five Years for Violating Federal Firearms and Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Angelo Burdex, 29, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for violating federal firearms and drug trafficking laws. Burdex will be on supervised release for ten years after completing his prison sentence.
Burdex and his co-defendant Desmirk Sharber, 25, also of Albuquerque, were charged in separate criminal complaints in Nov. 2015, with conspiracy and distribution of crack cocaine in Oct. and Nov. 2015, in Bernalillo County, N.M. According to court documents, Burdex and Sharber distributed approximately 58 grams of crack cocaine to undercover law enforcement agents on Oct. 2, 2015.
Burdex and Sharber were subsequently indicted on Nov. 17, 2015, and charged with conspiracy to distribute crack cocaine from Oct. 2, 2015 through Nov. 2, 2015, and distribution of crack cocaine on Oct. 2, 2015 and Nov. 2, 2015. Sharber was individually charged with carrying a firearm in relation to a drug trafficking crime on Nov. 2, 2015. According to the indictment, the offenses took place in Bernalillo County.
On Aug. 26, 2016, Burdex pled guilty to an information charging him with possession of crack cocaine with intent to distribute on Oct. 2, 2015.
On July 22, 2016, Sharber pled guilty to an information charging him with distribution of crack cocaine on Nov. 2, 2015. At sentencing, Sharber faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Norman Cairns is prosecuting the case.
Tuesday 29 November 2016
Youngsville man pleads guilty to distributing, possessing child pornographyRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a Youngsville man pleaded guilty to distribution and possession of child pornography.
Thomas Hanes, 48, of Youngsville, La., pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of distribution and one count of possession of child pornography. The plea will become final when accepted by U.S. District Judge Patricia Minaldi. According to the guilty plea, Hanes was identified through an investigation as distributing thousands of files of child pornography using an online peer-to-peer network. Law enforcement agents searched his home in Youngsville on February 26, 2016 and found sexually explicit images of children as young as two and three years of age on electronic media.
Hanes faces five to 20 years in prison for the distribution count and up to 20 years in prison for the possession count. He also faces five years to life of supervised release, forfeiture of items that were seized during the investigation and a $250,000 fine. Additionally, Hanes is required to register as a sex offender. A sentencing date of March 9, 2017 was set.
Homeland Security Investigations, Louisiana State Police and the Youngsville Police Department investigated the case. Assistant U.S. Attorney Jamilla A. Bynog is prosecuting the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. 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.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
Worley Man Pleads Guilty to AssaultRead the Press Release
COEUR D’ALENE – Brian Eugene Sczenski, 32, of Worley, Idaho, pleaded guilty yesterday to assault with the intent to commit robbery, U.S. Attorney Wendy J. Olson announced. Sczenski was indicted by a federal grand Jury in Coeur d'Alene on June 21, 2016.
According to the plea agreement, Sczenski admitted on April 18, 2016, the victim returned home to see Sczenski driving away from his home on the victim's 2016 utility task vehicle (UTV). The victim jumped on his 2010 UTV and chased Sczenski. Because the victim took a different route, he was able to meet up with Sczenski. The victim got out of his UTV and approached Sczenski. Sczenski hit the victim in the face with a closed fist. The victim was briefly knocked out. When the victim awoke, he saw Sczenski driving away on his 2010 UTV.
The charge of assault with the intent to commit robbery is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release.
Sentencing is set for March 7, 2017, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Wilkes-Barre Man Guilty of Straw Purchase of FirearmRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ruben Rosario, age 19, of Wilkes-Barre, pleaded guilty today before United States Magistrate Judge Joseph F. Saporito, Jr., in Wilkes-Barre, to the charge of making false statements to a federally licensed firearm dealer.
According to United States Attorney Bruce D. Brandler, Rosario admitted that he and another individual provided false information regarding the purchase of a semi-automatic .22 caliber pistol from Piestrak’s Gun Shop, LLC, in Nanticoke, Pennsylvania, on April 5, 2016. Rosario paid another individual to purchase the firearm for him and to falsify the paperwork in connection with the sale.
Rosario will appear for sentencing before United States Senior District Judge Richard P. Conaboy in Scranton on a date which has not yet been scheduled.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the offense is ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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United States Attorney’s Office for the District of Vermont Announces Hiring of New Attorney to Focus on Civil RightsRead the Press Release
United States Attorney Eric Miller announced today that Julia Torti has joined the United States Attorney’s Office for the District of Vermont as an Assistant United States Attorney in the Office’s Civil Division. Ms. Torti, who grew up in Vermont and is returning after starting her career at a civil rights law firm in New York, is one of thirty-four new Assistant United States Attorneys joining U.S. Attorney’s Offices across the country and focusing on enforcement of the nation’s federal civil rights laws. The Department of Justice created these new positions to increase and improve the United States Attorney’s Offices’ ability to apply dedicated resources to civil rights enforcement in all corners of the country. With the support of Vermont’s civil rights advocates and elected officials, the United States Attorney’s Office for the District of Vermont was awarded one of the thirty-four new positions through a competitive application process.
Since 2010, the United States Attorney’s Office for the District of Vermont has developed a civil rights program through community outreach, education, and case work. It has investigated and resolved numerous civil rights cases involving disability discrimination. The Chief of the Civil Division of the United States Attorney’s Office, Nikolas Kerest, noted, “The addition of a new Assistant United States Attorney concentrating in this area will significantly increase the Office’s ability to reach and to protect the civil rights of Vermonters.”
“Aggressive protection of the civil rights of the residents of Vermont is a top priority for the Department of Justice,” said U.S. Attorney Miller. “The Department and this U.S. Attorney’s Office are committed to a level playing field for all Vermont residents, promoting equal opportunity for Vermonters, and educating the public about their rights and responsibilities under federal civil rights laws. Being selected to receive one of the thirty-four new civil rights AUSA positions and having Assistant United States Attorney Torti join us are great steps toward achieving those goals.”
“Now, more than ever, it is crucial that we have the resources in Vermont and in other states to investigate and prosecute civil rights violations. I commend U.S. Attorney Eric Miller and his team for their hard work in securing this position for Vermont, and I was gratified to be in a position to support their efforts,” said Senator Patrick Leahy, D-Vt., the ranking member of the Senate Judiciary Committee. “As Vermont’s population becomes more diverse, we will continue to work to assure that no one faces discrimination based on the color of their skin, their identified gender or sexual orientation, their disability or their religious beliefs. I am proud that our small state is committed to upholding these basic human rights because all Vermonters deserve to be treated with dignity and fairness.”
Also joining the United States Attorney’s Office for the District of Vermont and working towards the protection of the civil rights of Vermonters will be a contract Civil Rights Intake and Outreach Coordinator. This contractor will be collaborating with Assistant United States Attorney Torti and local community members, advocacy groups and other federal and state agencies to promote education and protection of Vermonters’ civil rights.
Curtiss Reed, Jr., the Executive Director of the Vermont Partnership for Fairness and Diversity, added, "Vermont Partnership for Fairness & Diversity applauds the staff additions to the office of the United States Attorney for the District of Vermont at a time when many Vermonters feel vulnerable to acts of discrimination, denial of services, and hate crimes. We look forward to working with Ms. Torti and her colleagues to defend and strengthen civil rights for all Vermonters.”
Federal civil rights laws, among other things, prohibit discrimination and harassment on the basis of race, national origin, gender, religion and disability; prohibit hate crimes; prohibit police misconduct; protect the constitutional rights of institutionalized persons; protect the employment rights of service members; and prohibit discrimination in housing and mortgage lending. For more information on the Department of Justice’s civil rights effort, please visit www.justice.gov/crt.
U.S. Attorney Settles Religious Discrimination Lawsuit Against City of Port JervisRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has settled a federal civil rights lawsuit against the CITY OF PORT JERVIS (“PORT JERVIS”) in Orange County, New York. Under the agreed-upon Consent Decree, PORT JERVIS will repeal a local law enacted in December 2015 that bans places of worship from two of the City’s central business and commercial zoning districts. The Consent Decree also provides that the lawsuit can be reinstated if Port Jervis fails to amend its zoning laws to comply with federal law prohibiting discrimination and unreasonable impositions on religious freedom by January 23, 2017. The Consent Decree was entered on November 23, 2016, by U.S. District Judge Kenneth M. Karas.
U.S. Attorney Preet Bharara said: “With this lawsuit and consent decree requiring the City of Port Jervis to repeal or amend a local law that banned places of worship in two of its central business districts, we help to ensure free religious exercise in the city.”
According to the Complaint, filed in federal court in White Plains on November 21, 2016:
PORT JERVIS violated the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) by passing a local law in December 2015 that banned the use of land for purposes of places of worship in two of Port Jervis’s main commercial and business zones, the Central Business District and the Service Commercial District. Prior to the passage of the local law, use of land for these purposes was permitted as of right in these districts. While City officials claimed that the local law was justified by concerns relating to parking, commercial development, and liquor licensing, PORT JERVIS continues to permit nonreligious uses in these areas that will have similar effects. Accordingly, the Complaint charged that PORT JERVIS treated religious assemblies on unequal terms with comparable nonreligious assemblies or institutions, in violation of RLUIPA.
Moreover, PORT JERVIS substantially burdened the religious exercise of the Goodwill Evangelical Presbyterian Church (the “Church”), which had sought to establish a place of worship in PORT JERVIS’s Central Business District. After the Church was in contract to purchase property in that district and had received assurances from City officials that it could use the property as a branch of the Church, PORT JERVIS adopted the local law to ban places of worship in the zoning district. The local law precluded the Church from its intended use of the property for religious exercise and caused the Church to suffer delay and expense in establishing a permanent place of worship in the City. The Complaint charged that PORT JERVIS substantially burdened the Church’s religious exercise, also in violation of RLUIPA.
Pursuant to the Consent Decree entered on November 23, 2016, PORT JERVIS has until January 23, 2017, to repeal the local law banning places of worship from two of its central zoning districts. PORT JERVIS also has agreed not to treat religious assemblies or institutions on unequal terms with nonreligious assemblies or institutions, and not to implement any land use regulation in a manner that imposes a substantial burden on the religious exercise of any person, assembly, or institution. PORT JERVIS has further agreed to comply with certain notice, training, and recordkeeping requirements to ensure that City officials are knowledgeable about and comply with RLUIPA, and to allow the Government to monitor PORT JERVIS’s compliance.
The case is being handled by the Office’s Civil Rights Unit. Assistant United States Attorney Samuel Dolinger is in charge of the case.
Two men sentenced for drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Two men were sentenced in federal court today for heroin, cocaine, and crack cocaine distribution charges, United States Attorney William J. Ihlenfeld, II, announced.
Anton Demetrius Matthews, 33, of Cleveland, Ohio, was sentenced to 71 months in prison for distributing crack cocaine on Wheeling Island near Madison Elementary School. He pled guilty to one count of “Distribution of Cocaine Base Within 1,000 Feet of a Protected Location.”
Mark Louis Flint, 31, of Cleveland, Ohio, was sentenced to 30 months in prison for distributing heroin and cocaine in Ohio County, West Virginia in October 2015. He pled guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Schedule I and Schedule II Controlled Substances.”
Assistant U.S. Attorney David J. Perri prosecuted the Matthews case and Assistant U.S. Attorney Randolph J. Bernard prosecuted the Flint case on behalf of the government. The Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Two Texas County Men Sentenced for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Texas County, Mo., men have been sentenced in federal court for their roles in a drug-trafficking conspiracy.
Michael D. Strong, 41 of Cabool, Mo., was sentenced today by U.S. District Judge M. Douglas Harpool to 10 years in federal prison without parole. Co-defendant Carl H. Amburn, Jr., 41, of Raymondville, Mo., was sentenced on Monday, Nov. 28, 2016, to 10 years in federal prison without parole.
Strong and Amburn each pleaded guilty to their roles in a conspiracy to distribute methamphetamine in Greene and Texas counties from July 22, 2014, to April 1, 2015. Co-defendant Angela C. Howell, 39, of Cabool, has also pleaded guilty to participating in the drug-trafficking conspiracy and is scheduled to be sentenced on Dec. 7, 2016.
Law enforcement officers executed a search warrant at Amburn’s residence on April 1, 2015. They seized several small plastic bags containing methamphetamine, some or all of which Amburn admitted he intended to distribute to other persons. The plastic bags contained a total of 7.61 grams of pure methamphetamine.
Strong and Howell admitted that they distributed approximately 34.03 grams of methamphetamine (which contained 8.94 grams of pure methamphetamine) to another person in Greene County on July 22, 2014.
This case is being prosecuted by Assistant U.S. Attorney Timothy A. Garrison. It was investigated by the South Central Drug Task Force, the Missouri State Highway Patrol, the Texas County, Mo., Sheriff’s Department and the Dent County, Mo., Sheriff’s Department.
Two Sentenced for Firearms TraffickingRead the Press Release
LAREDO, Texas – A Laredo man and a female Mexican national have been ordered to federal prison for their roles in the trafficking of firearms, announced U.S. Attorney Kenneth Magidson.
Claudia Raquel Herrera-Ibarra, 35, of Nuevo Laredo, Mexico, and Jonathan James Ruiz, 24, of Laredo, pleaded guilty July 14, 2016. Herrera-Ibarra admitted to possession of firearms by an illegal alien, while Ruiz entered a plea to making false statements in connection with the purchase of firearms.
Following a hearing late yesterday, U.S. District Judge Marina Garcia Marmolejo ordered Ruiz and Herrera-Ibarra to serve 60 and 84 months in prison, respectively. At the hearing, Herrera-Ibarra asked the court for a lower sentence, claiming she was a minor participant who took orders from cartel members in Mexico. Judge Marmolejo noted that Herrera-Ibarra had recruited others to buy firearms for her and demonstrated a high level of sophistication in her operation. The court further commented that the acts of both defendants directly affected the citizens of Mexico as well as the people of the United States. Ruiz will also serve three years of supervised release following his prison term, while Herrera-Ibarra is expected to face deportation proceedings following her sentence.
Both defendants had previously admitted to unlawfully conspiring with each other and others to fraudulently and knowingly acquire assault rifles and pistols for illegal export from the United States to Mexico. Herrera-Ibarra hired Ruiz and others to purchase civilian versions of military assault rifles and pistols between Dec. 13, 2015, and March 19, 2016, from various firearms stores in Laredo. She then illegally smuggled or hired others to smuggle the firearms to associates in Mexico who solicited the firearms. These associates were primarily members of the Los Zetas criminal organization operating in Mexico.
Herrera-Ibarra paid Ruiz between $150 and $400 for buying each firearm. Ruiz admitted he ultimately bought 25 firearms for her and that he had falsely certified on each firearms form that he was the actual purchaser of the weapons.
Herrera-Ibarra was arrested April 1, 2015, in the parking lot of a sporting goods store in north Laredo after receiving two AR-15 semi-automatic rifles from an undercover agent whom she had hired and paid to buy the firearms. Herrera-Ibarra acquired at least 27 firearms which she exported illegally to Mexico. At least two firearms were intercepted during this investigation prior to being exported to Mexico.
Herrera-Ibarra has been and remains in federal custody. Ruiz was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined at a later date.
Omar Rolando Castillo, 30, another co-conspirator named in a separate indictment, has also pleaded guilty and is pending sentencing before U.S. District Judge Diana Saldaña.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Laredo Police Department and Webb County Sheriff’s Office. Several local officers and deputies have been cross-designated as task force officers working directly with federal agencies, assisting in the investigation of these and other crimes. Assistant U.S. Attorney Jose Homero Ramirez is prosecuting the cases.
Two New York Men Charged with Conspiracy to Commit Human Trafficking and Other Crimes for Roles in New Jersey Chicken Slaughterhouse BusinessRead the Press Release
NEWARK, N.J. – Two New York men were arrested today for allegedly forcing employees to work for them at a Halal chicken slaughterhouse in Middlesex County, U.S. Attorney Paul J. Fishman announced.
Mohammad Abdul Wahid, 54, of Queens, New York, and Mohammed Iqbal Kabir, 42, of Bronx, New York, are charged by complaint with one count each of conspiracy to commit forced labor (human trafficking); conspiracy to harbor undocumented persons for financial gain; and violating the Fair Labor Standards Act. The defendants appeared before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and both were released on $75,000 unsecured bond each, with home confinement and electronic monitoring.
“The Department of Justice is committed to working with our law enforcement partners to seek justice on behalf of vulnerable victims of human trafficking,” Vanita Gupta, head of the Civil Rights Division, said. “The Civil Rights Division commends the District of New Jersey, as one of our six Phase II Anti-Trafficking Coordination Teams (ACTeam), for its leadership on the front lines of shared efforts to hold human traffickers accountable.”
“This is precisely the kind of case the ACTeams were designed to investigate and prosecute,” U.S. Attorney Fishman said. “The criminal complaint against these defendants describes conduct that is as inhumane as it is illegal. By bringing to bear the resources of multiple law enforcement agencies with expertise on human trafficking, we can work more effectively to combat these kinds of crimes.”
According to documents filed in this case and statements made in court:
From July 2011 through January 2016, Wahid owned and operated a Halal chicken slaughterhouse business in Perth Amboy, New Jersey. The business operated pursuant to Halal practices, which meant that the live poultry was slaughtered by Muslim individuals. The poultry would then be cleaned and prepared for sale by other employees. During the time that the facility was operational, Wahid and Kabir allegedly employed undocumented persons. The employees were paid approximately $290 a week in cash and would typically work 70 to 100 hours a week, working six or seven days a week. The employees were not paid more if they worked more hours, nor were they given overtime pay. The employees lived in a boarding house in front of the business, for which Wahid allegedly deducted $40 a week from the employees’ pay checks. The boarding house did not have heat or hot water and was infested with insects.
The defendants also employed two Muslim individuals to slaughter the chickens and forced them to continue working at the slaughterhouse. When these two victims complained about the hours they were working and the conditions of the facility (no gloves, masks or proper soap), the defendants allegedly threatened to call the police. The victims were afraid of being arrested and deported and they continued to work until health inspectors closed the business.
The human trafficking charge with which the defendants are charged carries a maximum penalty of 20 years in prison and a $250,000 fine. The harboring undocumented persons for financial gain carries a maximum penalty of 10 years in prison and a fine of $250,000. The violations of the Fair Labor Standards Act carry a maximum of six months in jail and a fine of $10,000.
This case was developed through the efforts of the New Jersey Anti-Trafficking Coordination Team (ACTeam). The District of New Jersey is one of six federal districts designated through a competitive, nationwide selection process as a Phase II ACTeam, through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies. This case was developed through the collaborative interagency efforts of the U.S. Attorney’s Office, Department of Labor, Department of Homeland Security, FBI, IRS, and Department of Agriculture, with the assistance of the Civil Rights Division’s Human Trafficking Prosecution Unit.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office Narcotics/OCDETF Unit in Newark. AUSA Williams also serves as the U.S. Attorney’s Human Trafficking coordinator for the District of New Jersey.
U.S. Attorney Fishman credited the Department of Homeland Security, New Jersey Division, under the direction of Special Agent in Charge Terence S. Opiola; the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael Mikulka; the FBI, New Jersey Division, under the direction of Special Agent in Timothy Gallagher; the Department of Labor, Wage and Hour, New Jersey division, under the direction of Special Agent in Charge Charlene Rachor; the U.S. Department of Labor - Wage and Hour Division, Northern New Jersey, under the direction of Director John Warner; IRS-Criminal Investigation, New Jersey Division, under the direction of Special Agent in Charge Jonathan D. Larsen; and the U.S. Department of Agriculture, under the direction of Special Agent in Charge William Squires Jr., with the investigation leading to today’s charges.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Defense counsel:
Wahid: Mohammed Gangat Esq., New York
Kabir: Carol Gillen Esq., Assistant Federal Public Defender, Newark
Two Men Charged with Conspiracy to Distribute CocaineRead the Press Release
NEWARK, N.J. – Two men appeared in federal court today to face distribution conspiracy and possession charges after law enforcement found over two kilograms of cocaine and heroin in their possession, U.S. Attorney Paul J. Fishman announced.
Hasan J. Johnson, 37, of Chester, Pennsylvania, and Jose D. Martinez, 50, of Palisades Park, New Jersey, are each charged by complaint with one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine. Martinez is also charged with one count of possession with intent to distribute 500 grams or more of cocaine and 100 grams or more of heroin. Both defendants were arrested last night and appeared this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to the complaint:
On Nov. 28, 2016, Johnson – who was observed by law enforcement officers leaving a residence in Palisades Park with a bag – was pulled over after committing several traffic violations. During the ensuing stop, Johnson gave consent to search the vehicle. Afterwards, law enforcement officers allegedly found approximately one kilogram of cocaine in the bag.
Later that night, law enforcement obtained a search warrant for the Palisades Park residence. When they entered the New Jersey Residence they found Martinez in possession a package containing another kilogram of cocaine, as well as 694 grams of heroin.
Both the conspiracy and possession charges carry a mandatory minimum penalty of five years in prison, a potential maximum penalty of 40 years in prison, and a $5 million fine.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office Narcotics/OCDETF Unit in Newark.
U.S. Attorney Fishman credited the Drug Enforcement Administration (DEA)’s New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation leading to the charges.
Topeka Woman Pleads Guilty to Health Care Fraud Involving Developmentally Disabled AdultsRead the Press Release
TOPEKA, KAN. – A Topeka woman has pleaded guilty to billing Medicaid for services she did not provide to developmentally disabled adult patients, U.S. Attorney Tom Beall and Kansas Attorney General Derek Schmidt said Tuesday.
Kristina Hansel, 45, Topeka, Kan., pleaded guilty Nov. 28 in federal court in Topeka to one count of conspiracy to commit health care fraud. The crimes occurred while Hansel owned and operated Achieve Services, LLC, which was licensed to provide day and residential services to developmentally disabled adults.
In her plea, Hansel admitted the following:
- Billing Medicaid for services not provided.
- Providing false and fraudulent documentation, or no documentation at all.
- Making false and fraudulent statements to obtain and renew her license.
- Failing to hire a Registered Nurse or a License Practical Nurse to provide medical services, including medication administration.
Hansel also admitted that in one case she withheld medical treatment from a patient and directed others to help her cover up medication overdoses so licensing authorities would not learn of the problem.
Sentencing is set for April 17, 2017. The parties have agreed to recommend 30 months in prison and restitution of more than $480,000.
The case was jointly investigated by federal and state authorities and prosecuted by the Kansas Attorney General’s Medicaid Fraud and Abuse Division. Assistant Attorney General Stefani Hepford of Schmidt’s office prosecuted the case against Hansel.
Three Sentenced to Federal Prison for Palo Bank RobberyRead the Press Release
Two men and one woman, who robbed a bank in Palo, Iowa, in May 2016, have each been sentenced to terms of federal imprisonment.
Lance Monden, age 33 from Cedar Rapids, Stanley Mosley, age 36 from Coralville, and Katherine Pihl, age 39 from Tiffin, each received a term of imprisonment after pleading guilty to one count of bank robbery.
Evidence at sentencing and prior court hearings established that the three robbed the Palo Savings Bank on May 20, 2016. At approximately 2:35 p.m. on that day, Monden and Mosley entered the Palo Savings Bank. Both were wearing black masks and hooded sweatshirts. The two yelled at the employees in the bank and went from teller drawer to teller drawer taking cash. Monden and Mosley spent about one minute in the bank before running out the door.
Pihl was waiting outside the bank with a Ford Taurus to use as a getaway car. After leaving the bank, Monden and Mosley got into the trunk of the Taurus. Pihl then drove the Taurus out of Palo and south towards Cedar Rapids. Witnesses saw Monden and Mosley running from the bank wearing masks and then saw the Taurus leaving the area of the bank and reported this information to 911. About seven minutes after the bank robbery, a deputy with the Linn County Sheriff’s Office stopped the Taurus and found Monden and Mosley hiding in the trunk of the car. Law enforcement recovered all the cash stolen from the bank in the trunk of the car and on the persons of Monden and Mosley.
Monden, Mosley and Pihl were sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand. Monden was sentenced to 120 months’ imprisonment and must also serve a 3-year term of supervised release after the prison term. Mosley was sentenced to 132 months’ imprisonment and must also serve a 3-year term of supervised release after the prison term. Pihl was sentenced to 24 months’ imprisonment and must also serve a 2-year term of supervised release after the prison term. Each must also pay a $100 special assessment. There is no parole in the federal system.
Monden and Mosley are being held in United States Marshal’s custody until they are transported to a federal prison. Pihl was released on conditions of release previously set and is to surrender to the Bureau of Prisons on December 26, 2016.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Linn County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-00051.
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Tax Return Preparer Sentenced to Three Years in Federal PrisonRead the Press Release
DALLAS — Kevin Troy Jernigan, who owned a tax preparation business in Dallas, was sentenced today by U.S. District Judge David C. Godbey to 36 months in federal prison and ordered to pay more than $112,000 in restitution, following his guilty plea in July 2016 to one count of aiding or assisting in the preparation or presentation of a false or fraudulent individual income tax return, announced U.S. Attorney John Parker of the Northern District of Texas.
Jernigan was taken into custody when he entered his guilty plea to the tax offense because of committing multiple violations of his pretrial release.
According to the factual resume filed in the case, since 2007, Jernigan was the owner and a return preparer at The Parks 11 located in Dallas. During tax years 2007 through 2012, Jernigan prepared and filed more than 1,300 tax returns that contained false and inflated deductions and credits which were intended to produce a fraudulently inflated refund to be paid by the IRS. The fraudulently income tax returns caused a tax loss of approximately $2,250,780 to the United States Treasury.
The factual resume further states that in January 2010, Jernigan prepared and filed with the IRS a 2009 tax return on behalf of taxpayer, “CJ.” In preparing and electronically filing that tax return, Jernigan included $27,019 as a Schedule C business loss. Jernigan knew CJ had not incurred the business loss reflected. As a result of the false deduction inserted by Jernigan, the refund was fraudulently inflated to $5,819 and resulted in a tax loss in the amount of $6,432.
IRS Criminal Investigation investigated the case. Assistant U.S. Attorney Christopher Stokes was in charge of the prosecution.
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Tampa Man Pleads Guilty to Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Walter M. Fambro has pleaded guilty to theft of government funds and possession of unauthorized access devices. He faces a maximum penalty of 10 years in federal prison for each count. A sentencing date has not yet been set.
According to the facts at the plea hearing, between June 2011 and September 2013, Fambro was involved in a scheme to file false and fraudulent income tax returns with the Internal Revenue Service in order to generate large refunds deposited onto debit cards. When law-enforcement officers arrested Fambro on September 1, 2013, he had 29 debit cards in the names of different individuals in his possession, along with a laptop computer, ledger sheets, and hospital patient records containing the personal identifying information of numerous individuals. The investigation revealed that the IRS had received fraudulent tax returns in the names of many of those individuals which resulted in the delivery of fraudulent income tax refunds, totaling approximately $326,133.00, to debit cards that Fambro used or controlled.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with the assistance from the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
St. Petersburg Man Pleads Guilty to Firearm OffenseRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Charles Parker Harrington, III (27, St. Petersburg) today pleaded guilty to possessing a firearm and ammunition as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
Harrington was indicted on October 19, 2016.
According to court documents, on August 3, 2016, an officer with the St. Petersburg Police Department initiated a traffic stop on a vehicle in which Harrington was a passenger. Further investigation revealed an outstanding warrant for Harrington’s arrest. The officer detained Harrington, searched him, and found a loaded .380 caliber pistol in his pocket. At the time, Harrington was a convicted felon and therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Sioux Falls Man Charged with Carjacking Appears in Federal CourtRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Carjacking.
Jon Henri Bryant, Sr., age 60, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Veronica Duffy on November 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, on October 25, 2016, Bryant forcefully and violently took a motor vehicle from the victim, who suffered serious bodily injury. Bryant committed the carjacking with the intent to cause death or serious bodily harm.
The charge is merely an accusation and Bryant is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, the Federal Bureau of Investigation, and the U.S. Marshal’s Service. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Bryant was returned to the custody of the State of South Dakota pending trial. A trial date has not been set.
Rochester Man Pleads Guilty to Robbery and Weapons ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Joseph Lowry, 21, of Rochester, NY, pleaded guilty to Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence before U.S. District Judge Charles J. Siragusa for his role in the August 10, 2015, armed robbery of the 7-Eleven Convenience store at 1469 Lake Avenue in Rochester.
Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, alleged in a previously filed complaint that Lowry and co-defendant Johnny Blackshell entered the 7-Eleven store intending to steal cash and goods. After entering the store, the defendant jumped over the service desk and ordered the employees to the ground. Blackshell pointed a silver handgun at the victim’s head and instructed the victim to open the cash register. The victim opened the cash register, which contained approximately $80 in U.S. currency, and Lowry removed the money. In addition to the money, the defendant and Blackshell took an unknown quantity of cigarettes, tobacco, chewing gum and numerous rolls of scratch-off lottery tickets. Lowry and Blackshell then ran out of the store east toward Lake Avenue. Several of the stolen lottery tickets were redeemed by the defendant and others until the New York Lottery was able to invalidate the stolen tickets.
In addition to the charges related to the convenience store robbery, Lowry also pleaded guilty to possession of a stolen firearm. That charge related to a separate incident, which occurred on August 1, 2015—roughly a week-and-a-half before the 7-Eleven robbery—during which Lowry was found to possess a stolen shotgun. In that regard, on July 29, 2015, Rochester Police officers responded to 1070 Lake Avenue for a report of a burglary occurring at the residence. A resident told officers that intruders entered the house and stole a gun safe that contained three firearms including an AK-47 rifle, a .40 caliber rifle and a 12-gauge shotgun. Subsequently, on August 1, 2015, officers responded to Lowry’s residence at 33 Phelps Avenue in Rochester on an unrelated call for service. While there, officers observed a 12-gauge shotgun on the front porch of the residence, loaded with one round of ammunition. After tracing the firearm's serial number, investigators determined the gun was one of the three stolen on July 29, 2015, from the Lake Avenue residence. One of the other stolen guns, the AK-47 rifle, was later determined to be the murder weapon used in the shooting at the Rochester Boys and Girls Club on August 19, 2015. Johnny Blackshell was convicted in June 2016 on three counts of First Degree Murder in New York State court in connection with that incident.
Federal charges of Hobbs Act robbery and carrying and brandishing a firearm during a crime of violence are still pending against Johnny Blackshell. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The charges to which Lowry pleaded guilty carry a maximum penalty of life in prison and a fine of $250,000.
Today’s plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for March 9, 2017, at 11:00 a.m. before Judge Siragusa.
Residential Properties Forfeited by Heroin and Cocaine Trafficker and Converted to Community Police Officer HousingRead the Press Release
ATLANTA – A federal judge sentenced Elgin Demarco Jordan for heroin and cocaine trafficking and money laundering in connection with a scheme where he used drug proceeds to purchase numerous properties in and around the English Avenue area of Atlanta.
“Jordan victimized this community twice – first by trafficking drugs, and then by using residential properties to conceal the profits from his drug dealing,” said U. S. Attorney John Horn. “As part of his sentence, Jordan agreed to forfeit 14 properties, two of which will become homes to community police officers from the Atlanta Police Department as part of the Secure Neighborhoods program. Through this program, the police officers who serve the English Avenue community become not only homeowners, but neighbors.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division stated, “The successful prosecution of this case is indeed a victory for drug law enforcement. The collective efforts in this investigation illustrate the true spirit of cooperative law enforcement here in Atlanta. DEA is committed to keeping our communities safe and ultimately the winners in this investigation are the residents in the English Avenue area.”
“Asset forfeiture provides a valuable tool for law enforcement officials, as it is designed to weaken the economic foundations of the illicit drug trade,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “The forfeiture of Elgin Jordan’s properties is a great example of this tool at work. We are proud to work hand-in-hand with our law enforcement partners and will continue to provide our financial expertise in narcotics investigations.”
“In partnership with the U.S. Attorney’s Office, the Atlanta Police Department has removed another dangerous and predatory criminal from the City of Atlanta,” said Atlanta Police Chief George N. Turner. “Mr. Jordan’s scheme of using drug money to buy up valuable real estate has backfired and we can now have officers in the English Avenue neighborhood 24 hours a day so the residents in that area will feel safe and protected. The Atlanta Police Department is committed to cracking down on criminal activity and individuals that threaten the safety and quality of life for Atlanta residents and visitors.”
“The Atlanta Police Foundation is spearheading a public safety strategy through our Westside Security Plan to address the safety concerns on Atlanta’s Westside,” said Dave Wilkinson, President and CEO, Atlanta Police Foundation. “The addition of these two properties to our Secure Neighborhoods program will allow us to provide homeownership opportunities for Atlanta police officers to become residents of the communities they protect and serve.”
According to U.S. Attorney Horn, the charges and other information presented in court: From at least February 2010 to July 2015, Elgin Jordan distributed kilogram quantities of cocaine and half-kilogram quantities of heroin using Northwest Atlanta as his base. To conceal the profits from his illegal drug trade, he laundered the money by structuring cash deposits into bank accounts and then used those funds to purchase numerous properties, often with the help and in the name of family members or other individuals. As of July 2015, Jordan controlled properties with a total tax assessed value of approximately $1.5 million, several of which were residential properties in and around the English Avenue area of Atlanta, Georgia.
Federal law allows for the forfeiture of property used to facilitate or commit felony drug offenses, as well as property involved in money laundering. As a part of Jordan’s plea agreement and the judgment in the case, Jordan forfeited his interest in 14 properties he acquired in connection with his crimes.
As a result of a partnership and collaboration between the Department of Justice and community groups, two of the forfeited properties located in the English Avenue neighborhood will be turned over to the Atlanta Police Department and the Atlanta Police Foundation, to be renovated and used to provide homes for Atlanta Police Officers who will help staff the community policing force in the neighborhood.
The goal of the Atlanta Police Foundation’s Secure Neighborhoods Initiative is to improve public safety by placing police in Atlanta neighborhoods through housing opportunities. The initiative offers sworn police officers—who are committed to living in the communities they protect and serve—affordable options, incentives to stay, and clear pathways to homeownership. As individuals from the police department become pillars in their communities, it increases the neighborhood's stability and overall security.
Elgin Demarco Jordan, 42, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to eight years in prison to be followed by four years of supervised release. Jordan was convicted on these charges on June 3, 2016, after he pleaded guilty.
This case was investigated by the Drug Enforcement Administration, Atlanta Police Department, and Internal Revenue Service Criminal Investigation.
Assistant United States Attorneys Garrett L. Bradford and Michael J. Brown prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
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.
Reno Man Pleads Guilty to Conspiracy to Provide Material Support to TerroristsRead the Press Release
RENO, Nev. - Balwinder Singh, 42, of Reno, pleaded guilty today to conspiracy to provide material support and resources to terrorists knowing and intending that such support would be used to commit terrorist attacks overseas.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Daniel G. Bogden for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division.
“Singh attempted to provide material support and resources to terrorists to create violence and disruption abroad,” said Acting Assistant Attorney General McCord. “Identifying, thwarting and holding accountable individuals who pursue international terrorism is a top priority of the Department of Justice.”
“Today’s plea is the result of the FBI’s Joint Terrorism Task Force working proactively to disrupt terrorist attacks,” said U.S. Attorney Bogden. “National security is a top priority for the U.S. Attorney’s Office and we will continue to work with our law enforcement partners to locate, identify, and prosecute those who conspire and attempt to provide material support to terrorists and terrorist activities.”
“This is a strong indicator of the law enforcement community’s commitment to combating terrorism and keeping our nation safe,” said Special Agent in Charge Rouse.
Singh, aka Jhaji, aka Happy, aka Possi, aka Baljit Singh, pleaded guilty before U.S. District Judge Larry R. Hicks to one count of conspiracy to provide material support to terrorists. He has been detained since his arrest on Dec. 17, 2013. He was charged on Dec. 18, 2013. Singh is a citizen of India and permanent U.S. resident.
According to court filed documents and admissions made in connection with the plea agreement, between September 2013 and Dec. 17, 2013, Singh conspired with others to support terrorist attacks in India as part of a movement to create an independent Sikh state in the Punjab region of India.
Singh communicated with co-conspirators by telephone to discuss these plans and agreed to provide material support by facilitating a co-conspirator’s travel to and within South Asia and providing funding and materials necessary to carry out an overseas attack.
In October 2013, Singh and co-conspirators agreed that one co-conspirator would travel to South Asia in the fall of 2013. Upon arrival, the co-conspirator would travel to India and commit a terror attack – likely an assassination or maiming of an Indian governmental official. The final target would be determined after the co-conspirator arrived in South Asia.
In November 2013, Singh purchased two sets of night vision goggles. In December 2013, he provided the night vision goggles to a co-conspirator who was going to carry out the planned attack. On Dec. 9, 2013, the co-conspirator attempted to board a flight from the San Francisco International Airport to Bangkok, Thailand in order to carry out the terror attack with the night vision goggles provided to him by Singh. U.S. law enforcement prevented the co-conspirator from boarding that flight. As a result, the planned terror attack never occurred. After these events, Singh and his co-conspirators continued to discuss and plan the terror attack in India until Singh’s arrest.
At the time of sentencing, under the plea agreement, Singh faces the statutory maximum penalty of 15 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Sentencing has been set for Feb. 27, 2017.
The case is being investigated by the FBI-led Joint Terrorism Task Force in northern Nevada. The northern Nevada JTTF is comprised of the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Naval Criminal Investigative Service and Nevada Department of Investigation. In addition, ATF, U.S. Citizenship and Immigration Services and the Washoe County Sheriff’s Office provided assistance in the investigation.
Assistant U.S. Attorneys Sue Fahami, Brian L. Sullivan, Carla Higginbotham, and Trial Attorney Mara M. Kohn of the National Security Division’s Counterterrorism Section are prosecuting the case.
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Raymond Man Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Raymond Dostie, Jr., 61, of Raymond, pleaded guilty in federal court to one count of Theft of Public Money.
According to public records in the case and statements made in court, Dostie began receiving Social Security disability benefits in December 2005. In September 2012, Dostie started working as a personal care attendant. His income from this job rendered him ineligible to receive any disability benefits. Dostie did not report this work activity to the Social Security Administration (SSA), but instead, he falsely told the SSA that he had worked part-time as a driver and a custodian, only, reporting wages that did not affect his eligibility for benefits. In early 2015, Dostie admitted to investigators that he had concealed his work and income as a personal care attendant from the SSA in order to continue receiving disability benefits. To that end, from September 2012 through December 2014, Dostie stated that he was paid for this work by checks, all of which were made payable to his wife, because he knew these earnings would have rendered him ineligible for benefits. As a result of his concealment, Dostie was able to convert approximately $68,140.90 in disability benefits to his own use that he would not have received if the SSA had been aware of his actual work activity and income.
Dostie is scheduled to be sentenced on March 8, 2017.
The case was investigated by the Social Security Administration’s Office of the Inspector General and the Department of Health and Human Services’ Office of the Inspector General, and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Public Safety Funding Available to Federally-Recognized Tribes and Tribal ConsortiaRead the Press Release
The Department of Justice today announced the opening of the grant solicitation period for comprehensive funding to American Indian and Alaska Native tribal governments and tribal consortia to support public safety, victim services and crime prevention. The department’s Fiscal Year (FY) 2017 Coordinated Tribal Assistance Solicitation (CTAS) posts today at https://www.justice.gov/tribal/open-solicitations.
“The CTAS program is a cornerstone of the Justice Department’s partnership with sovereign tribal nations,” said Attorney General Loretta E. Lynch. “By providing tribes and villages with critical funding for everything from law enforcement equipment to programs for native youth and victims of crime, the CTAS program gives tribes the resources they need to address the particular challenges they face. I encourage tribes and villages to take advantage of this program, and I look forward to continuing our work with our tribal partners to build stronger and safer communities for all.”
The Department of Justice launched CTAS in FY 2010 in direct response to concerns raised by tribal leaders about the department’s grant process that did not provide the flexibility tribes needed to address their criminal justice and public safety needs. The department designed this comprehensive approach to save time and resources and allow tribes and the department to gain a better understanding of the tribes’ overall public safety needs.
The department’s Office of Community Oriented Policing Services (COPS), Office on Violence Against Women (OVW) and the Office of Justice Programs (OJP), specifically OJP’s Bureau of Justice Assistance (BJA), Office of Juvenile Justice and Delinquency Prevention (OJJDP) and Office for Victims of Crime (OVC) all award funding under CTAS. The funding can be used to enhance law enforcement, bolster adult and juvenile justice systems, prevent and control juvenile delinquency, serve native victims of crime and support other efforts to combat crime.
Grantees submit applications for CTAS online through DOJ’s Grants Management System (GMS). Applicants must register with GMS at https://grants.ojp.usdoj.gov/gmsexternal/
prior to submitting an application. The application deadline is 9:00 p.m. Eastern Standard Time (EST), Feb. 28, 2017. Applicants are strongly urged to apply in advance of the deadline.
For the FY 2017 CTAS, a tribe or tribal consortium will submit a single application and select from any or all of the nine competitive grant programs referred to as “purpose areas.” This approach allows the department’s grant-making components to consider the totality of a tribal nation’s overall public safety needs.
The nine purpose areas (PA) are:
- PA1 - Public Safety and Community Policing (COPS)
- PA2 - Comprehensive Tribal Justice Systems Strategic Planning (BJA)
- PA3 - Justice Systems and Alcohol and Substance Abuse (BJA)
- PA4 - Corrections and Correctional Alternatives (BJA)
- PA5 - Violence Against Women Tribal Governments Program (OVW)
- PA6 - Victims of Crime: Children’s Justice Act Partnerships for Indian Communities (OVC)
- PA7 - Victims of Crime: Comprehensive Victim Assistance (OVC)
- PA8 - Juvenile Healing to Wellness Courts (OJJDP)
- PA9 - Tribal Youth Program (OJJDP)
Tribes or tribal consortia may also be eligible for non-tribal specific federal grant programs and are encouraged to explore these other funding opportunities. Additional funding information may be found at the department’s Tribal Justice and Safety website at www.justice.gov/tribal or the www.grants.gov.
Today’s announcement is part of the department’s ongoing initiative to increase engagement, coordination and action on public safety in tribal communities.
Pharmacist Sentenced to 4 Years for Illegally Distributing Approximately 100,000 Oxycodone Tablets, Medicare Fraud, and Money LaunderingRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that LILIAN JAKACKI, a/k/a/ “Lilian Wieckowski,” was sentenced today by U.S. District Judge Jed Rakoff to four years in prison for illegally distributing 100,000 tablets of oxycodone, Medicare fraud, and money laundering. JAKACKI pled guilty on July 28, 2016, before Judge Rakoff.
Manhattan U.S. Attorney Preet Bharara said: “Through her pharmacies in Queens and Brooklyn, Lilian Jakacki dumped 100,000 illegally diverted oxycodone pills into the City’s streets. Driven by greed, Jakacki abused her pharmacy license, helping to fuel the opioid abuse epidemic that is ravaging too many of our communities. For her crimes, Jakacki will spend four years in prison and forfeit her ill-gotten gains.”
According to the allegations in the Indictment and the civil Complaint, and other information in the public record:
Between in or about March 2010 and October 2015, JACKACKI owned and operated two pharmacies in Queens and Brooklyn doing business as “Chopin Chemists.” During that time period, at these pharmacies, JACKACKI knowingly distributed approximately 100,000 tablets of oxycodone based on fraudulent prescriptions, including prescriptions made out in the names of famous luxury brands, such as Coach and Chanel. In addition, JACKACKI used the proceeds of that illegal narcotics trade to help finance the purchase of a multimillion-dollar home. Finally, JACKACKI deliberately overbilled Medicare by more than $500,000, submitting reimbursement claims for medication that she never actually distributed to patients.
In addition to the prison term, JACKACKI was also directed to forfeit $800,000 and to pay restitution of $520,000.
Mr. Bharara praised the outstanding investigative work of the DEA’s Tactical Diversion Squad, the U.S. Internal Revenue Service, and the U.S. Department of Health and Human Services. The DEA’s Tactical Diversion Group includes agents and officers of the DEA, the New York City Police Department, the New York State Police, the Town of Orangetown Police Department, and the Westchester County Police Department.
The prosecution of this case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Sidhardha Kamaraju, Jordan Estes, and Louis A. Pellegrino are in charge of the prosecution.
North Carolina Man Pleads Gulty to Attempting to Commit an Act of Terrorism Transcending National BoundariesRead the Press Release
ASHEVILLE, N.C. – Justin Nojan Sullivan, 20, of Morganton, North Carolina, appeared in federal court in Asheville, North Carolina today and pleaded guilty to one count of attempting to commit an act of terrorism transcending national boundaries.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina and Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division. U.S. District Judge Martin Reidinger presided over Sullivan’s plea hearing.
“Sullivan was in contact and plotted with now-deceased Syria-based terrorist Junaid Hussain to execute acts of mass violence in the United States in the name of the Islamic State of Iraq and the Levant (ISIL),” said Acting Assistant Attorney General McCord. “Counterterrorism remains our highest priority and we will continue to identify and hold accountable those who seek to commit acts of terrorism within our borders.”
“Sullivan admitted in court today that he attempted to commit acts of terrorism transcending national boundaries by planning mass casualty shooting attacks on behalf of ISIL against innocent people in North Carolina and Virginia. Sullivan also admitted he had frequent and direct communications with Junaid Hussain, one of ISIL’s prominent members in Syria, who asked Sullivan to make a video of the deadly attack,” said U.S. Attorney Rose. “There is no more important work that we in the Department of Justice undertake than the fight against terrorism. It is frightening to know that the defendant in this case was able to use social media to contact and seek advice from ISIL, a murderous organization. Yet, it emboldens us to be fiercely aggressive and diligent in our efforts to combat this special kind of evil.” U.S. Attorney Rose added.
“Justin Sullivan planned to kill hundreds of innocent people. He pledged his support to ISIL and took calculated steps to commit a murderous rampage to prove his allegiance to the terrorist organization. There is no higher priority for the FBI than to thwart the next terrorist attack. This case is proof of what law enforcement agencies can accomplish to disrupt terrorist activities of any kind,” said Special Agent in Charge Strong.
According to information contained in plea documents, starting no later than September 2014, Sullivan watched violent ISIL attacks on the Internet, such as beheadings, and collected them on his laptop computer. Court records indicate that Sullivan openly expressed support for ISIL in his home and destroyed religious items that belonged to his parents.
Beginning no later than June 7, 2015, Sullivan conspired with Junaid Hussain, a prominent ISIL member responsible for online recruitment and providing directions and inspiration for terrorist plots in Western countries, to plan mass shooting attacks in North Carolina and Virginia. Sullivan discussed those plans on social media with an undercover FBI employee (UCE), who Sullivan attempted to recruit to join in such attacks.
Court documents indicate that Sullivan told the UCE via social media that it was better to remain in the United States to support ISIL than to travel. Sullivan suggested that the UCE obtain weapons and told the UCE that he was planning to buy a semi-automatic AR-15 rifle at an upcoming gun show in Hickory, North Carolina. On or about June 20, 2015, Sullivan attempted to purchase hollow point ammunition to be used with the weapon(s) he intended to purchase.
According to court records, Sullivan had researched on the Internet how to manufacture firearm silencers and asked the UCE to build functional silencers that they could use to carry out the planned attacks. Court records show that Sullivan told the UCE he planned to carry out his attack in the following few days at a concert, bar or club, where he believed as many as 1,000 people would be killed using the assault rifle and silencer.
Filed documents indicate that over the course of Sullivan’s communications with Junaid Hussain, Hussain had asked Sullivan to make a video of his planned terrorist attack, to which Sullivan had agreed.
On or about June 19, 2015, the silencer, which was built according to Sullivan’s instructions, was delivered to him at his home in North Carolina, where Sullivan’s mother opened the package, according to court records. Sullivan took the silencer from his mother and hid it in a crawl space under his house. When Sullivan’s parents questioned him about the silencer, Sullivan, believing that his parents would interfere with his plans to carry out an attack, offered to compensate the UCE to kill them.
In filed plea documents, Sullivan admitted that he took substantial steps towards carrying out terrorist attacks in North Carolina and Virginia by: (1) recruiting the UCE; (2) obtaining a silencer from the UCE; (3) procuring the money that would have enabled him to purchase the AR-15; (4) trying to obtain a specific type of ammunition that he believed would be the most “deadly”; (5) identifying separate gun shows where he and the UCE could purchase AR-15s; and (6) obtained coupons for the gun shows he planned for himself and the UCE to attend on June 20 or 21, 2015.
According to filed documents, on June 19, 2015, Sullivan was arrested at his parents’ home, where law enforcement also executed a search warrant for the silencer and other items. Law enforcement interviewed Sullivan on separate occasions following his arrest. Sullivan also provided false statements on his involvement in the murder of his neighbor, John Bailey Clark, who had been killed in December 2014. Sullivan later admitted that he had stolen the rifle from his father’s gun cabinet and hid it in the crawl space. Forensic testing shows that the .22 rifle hidden by Sullivan was used to murder Mr. Clark.
The grand jury alleged that Sullivan also killed Mr. Clark, but Sullivan did not admit to this act in his plea today. However, in the plea documents filed, the United States Attorney set forth evidence supporting this allegation and specifically reserved the Government’s right to prove this additional conduct at Sullivan’s sentencing hearing.
The District Attorney’s Office for North Carolina’s 25th Prosecutorial District, which includes Burke, Caldwell and Catawba Counties, is handling North Carolina’s prosecution of Sullivan for Clark’s murder.
Sullivan is currently in federal custody. According to the filed plea agreement, Sullivan pleaded guilty to Count Nine of the Superseding Indictment, which charged him with attempting to commit an act of terrorism transcending national boundaries, an offense that carries a maximum penalty of life in prison. Under the plea agreement, the parties have agreed that a sentence of life in prison is an appropriate sentence.
In making today’s announcement, Acting Assistant Attorney General McCord and U.S. Attorney Rose thanked District Attorney David Learner for his office’s continued assistance and coordination. Both also praised the investigative efforts of the FBI, the Burke County Sheriff’s Office and the North Carolina State Bureau of Investigation in this case. Acting Assistant Attorney General McCord and U.S. Attorney Rose also thanked the U.S. Postal Inspection Service’s Charlotte Division, the FBI’s Washington Field Office, the U.S. Attorney’s Office for the Eastern District of Virginia, the U.S. Customs and Border Protection in Charlotte, the North Carolina Highway Patrol and the Hickory Police Department for their assistance in this investigation.
The case is being prosecuted by Assistant U.S. Attorney Michael E. Savage of the Western District of North Carolina and Trial Attorney Gregory R. Gonzalez of the National Security Division’s Counterterrorism section.
North Carolina Man Pleads Guilty to Attempting to Commit an Act of Terrorism Transcending National BoundariesRead the Press Release
Justin Nojan Sullivan, 20, of Morganton, North Carolina, appeared in federal court in Asheville, North Carolina today and pleaded guilty to one count of attempting to commit an act of terrorism transcending national boundaries.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina and Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division. U.S. District Judge Martin Reidinger presided over Sullivan’s plea hearing.
“Sullivan was in contact and plotted with now-deceased Syria-based terrorist Junaid Hussain to execute acts of mass violence in the United States in the name of the Islamic State of Iraq and the Levant (ISIL),” said Acting Assistant Attorney General McCord. “Counterterrorism remains our highest priority and we will continue to identify and hold accountable those who seek to commit acts of terrorism within our borders.”
“Sullivan admitted in court today that he attempted to commit acts of terrorism transcending national boundaries by planning mass casualty shooting attacks on behalf of ISIL against innocent people in North Carolina and Virginia. Sullivan also admitted he had frequent and direct communications with Junaid Hussain, one of ISIL’s prominent members in Syria, who asked Sullivan to make a video of the deadly attack,” said U.S. Attorney Rose. “There is no more important work that we in the Department of Justice undertake than the fight against terrorism. It is frightening to know that the defendant in this case was able to use social media to contact and seek advice from ISIL, a murderous organization. Yet, it emboldens us to be fiercely aggressive and diligent in our efforts to combat this special kind of evil.” U.S. Attorney Rose added.
“Justin Sullivan planned to kill hundreds of innocent people. He pledged his support to ISIL and took calculated steps to commit a murderous rampage to prove his allegiance to the terrorist organization. There is no higher priority for the FBI than to thwart the next terrorist attack. This case is proof of what law enforcement agencies can accomplish to disrupt terrorist activities of any kind,” said Special Agent in Charge Strong.According to information contained in plea documents, starting no later than September 2014, Sullivan watched violent ISIL attacks on the Internet, such as beheadings, and collected them on his laptop computer. Court records indicate that Sullivan openly expressed support for ISIL in his home and destroyed religious items that belonged to his parents.
Beginning no later than June 7, 2015, Sullivan conspired with Junaid Hussain, a prominent ISIL member responsible for online recruitment and providing directions and inspiration for terrorist plots in Western countries, to plan mass shooting attacks in North Carolina and Virginia. Sullivan discussed those plans on social media with an undercover FBI employee (UCE), who Sullivan attempted to recruit to join in such attacks.
Court documents indicate that Sullivan told the UCE via social media that it was better to remain in the United States to support ISIL than to travel. Sullivan suggested that the UCE obtain weapons and told the UCE that he was planning to buy a semi-automatic AR-15 rifle at an upcoming gun show in Hickory, North Carolina. On or about June 20, 2015, Sullivan attempted to purchase hollow point ammunition to be used with the weapon(s) he intended to purchase.
According to court records, Sullivan had researched on the Internet how to manufacture firearm silencers and asked the UCE to build functional silencers that they could use to carry out the planned attacks. Court records show that Sullivan told the UCE he planned to carry out his attack in the following few days at a concert, bar or club, where he believed as many as 1,000 people would be killed using the assault rifle and silencer.
Filed documents indicate that over the course of Sullivan’s communications with Junaid Hussain, Hussain had asked Sullivan to make a video of his planned terrorist attack, to which Sullivan had agreed.
On or about June 19, 2015, the silencer, which was built according to Sullivan’s instructions, was delivered to him at his home in North Carolina, where Sullivan’s mother opened the package, according to court records. Sullivan took the silencer from his mother and hid it in a crawl space under his house. When Sullivan’s parents questioned him about the silencer, Sullivan, believing that his parents would interfere with his plans to carry out an attack, offered to compensate the UCE to kill them.
In filed plea documents, Sullivan admitted that he took substantial steps towards carrying out terrorist attacks in North Carolina and Virginia by: (1) recruiting the UCE; (2) obtaining a silencer from the UCE; (3) procuring the money that would have enabled him to purchase the AR-15; (4) trying to obtain a specific type of ammunition that he believed would be the most “deadly”; (5) identifying separate gun shows where he and the UCE could purchase AR-15s; and (6) obtained coupons for the gun shows he planned for himself and the UCE to attend on June 20 or 21, 2015.
According to filed documents, on June 19, 2015, Sullivan was arrested at his parents’ home, where law enforcement also executed a search warrant for the silencer and other items. Law enforcement interviewed Sullivan on separate occasions following his arrest. Sullivan also provided false statements on his involvement in the murder of his neighbor, John Bailey Clark, who had been killed in December 2014. Sullivan later admitted that he had stolen the rifle from his father’s gun cabinet and hid it in the crawl space. Forensic testing shows that the .22 rifle hidden by Sullivan was used to murder Mr. Clark.
The grand jury alleged that Sullivan also killed Mr. Clark, but Sullivan did not admit to this act in his plea today. However, in the plea documents filed, the United States Attorney set forth evidence supporting this allegation and specifically reserved the Government’s right to prove this additional conduct at Sullivan’s sentencing hearing.
The District Attorney’s Office for North Carolina’s 25th Prosecutorial District, which includes Burke, Caldwell and Catawba Counties, is handling North Carolina’s prosecution of Sullivan for Clark’s murder.
Sullivan is currently in federal custody. According to the filed plea agreement, Sullivan pleaded guilty to Count Nine of the Superseding Indictment, which charged him with attempting to commit an act of terrorism transcending national boundaries, an offense that carries a maximum penalty of life in prison. Under the plea agreement, the parties have agreed that a sentence of life in prison is an appropriate sentence.In making today’s announcement, Acting Assistant Attorney General McCord and U.S. Attorney Rose thanked District Attorney David Learner for his office’s continued assistance and coordination. Both also praised the investigative efforts of the FBI, the Burke County Sheriff’s Office and the North Carolina State Bureau of Investigation in this case. Acting Assistant Attorney General McCord and U.S. Attorney Rose also thanked the U.S. Postal Inspection Service’s Charlotte Division, the U.S. Secret Service, the North Carolina Highway Patrol, the U.S. Attorney’s Office of the Eastern District of Virginia, the FBI’s Washington Field Office and the Hickory Police Department for their assistance in this investigation.
The case is being prosecuted by Assistant U.S. Attorney Michael E. Savage of the Western District of North Carolina and Trial Attorney Gregory R. Gonzalez of the National Security Division’s Counterterrorism section.
Non-Native Man from Rio Arriba County Sentenced to Prison for Assaulting Native American WomanRead the Press Release
ALBUQUERQUE – Deandre Lamont Brown, 29, a non-Native man who resides in Dulce, N.M., was sentenced today in federal court in Santa Fe, N.M., to 12 months in prison for assaulting his intimate partner. Brown will be on supervised release for three years after completing his prison sentence.
Brown was arrested on April 17, 2015, on an indictment charging him with assaulting his intimate partner, an Indian woman, by strangling or suffocation. According to the indictment, Brown committed the crime on Oct. 3, 2014, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
On Jan. 12, 2016, Brown pled guilty to the indictment and admitted assaulting the victim, a Native American woman who was his intimate partner, by strangling and suffocating her.
This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
New York Man Sentenced for Computer Hacking That Shut Down Internet Service ProviderRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dariusz J. Prugar, age 32, of Syracuse, New York, was sentenced today by United States District Court Judge Sylvia H. Rambo in Harrisburg, to 24 months in prison for computer hacking and wire fraud. In March 2016, a jury convicted Prugar of these offenses after a one-week jury trial.
Judge Rambo ordered Prugar to pay $26,000 in restitution. Judge Rambo also ordered Prugar to report to the Bureau of Prisons on December 27, 2016, to begin service of his prison sentence.
According to United States Attorney Bruce D. Brandler, Prugar was the network administrator for Pa Online, an internet service provider formerly located in Enola, Pennsylvania. Prugar was fired by Pa Online in June 2010. Days later, Prugar retaliated against his former employer by secretly hacking into the business’s computer network.
Prugar installed computer programs throughout the internet service provider’s network, which caused files and directories to be erased and ultimately caused the network to crash. For approximately a week, Pa Online was unable to provide sustained service to over 5,000 residential customers and over 500 business customers. He also installed numerous “backdoor” entry points into the network so that he could access the network again.
Over a dozen former employees, outside consultants, and former clients of Pa Online testified about the impact the outage had on them. Former employees and outside consultants hired by Pa Online testified that the crash caused them to work for days attempting to return service. Former customers described their inability to access tools essential to their businesses, which resulted in the customers terminating their relationship with Pa Online. Out of fear that Prugar would re-sabotage the business, the owner of Pa Online testified he had the entire network rebuilt.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorneys Michael A. Consiglio and Carl D. Marchioli prosecuted the case.
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