Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Tuesday 22 November 2016
Maryland Felon Sentenced to Federal Prison for Illegal Possession of Firearms and AmmunitionRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Curtis Portland Litten, age 54, of Huntingtown, Maryland, today to 21 months in prison, followed by three years of supervised release, for possession of firearms and ammunition by a convicted person. Litten pleaded guilty to that charge on September 1, 2016, and has been detained since his arrest on April 22, 2016.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Matthew R. Verderosa of the U.S. Capitol Police.
According to his plea agreement, from January 28 through March 24, 2016, Litten wrote and mailed at least nine cards and letters to the President of the United States and members of the United States Congress threatening harm to them and/or their family members. Fingerprint analysis of several of the cards identified latent fingerprints belonging to Litten.
In connection with the investigation into the identity of the sender of the threatening communications, a search warrant was executed at Litten’s home. Law enforcement seized envelopes and unsent greeting cards addressed to members of Congress and signed by Litten, computer printouts of addresses for elected officials, and reminders to write letters to elected officials. In addition, law enforcement seized: .22 caliber, .38 caliber, and .380 caliber pistols; a 12-gauge shotgun; a .410 bore shotgun; a .38 caliber blank firing revolver; 300 rounds of .22 caliber ammunition; 24 rounds of .380 caliber ammunition; four rounds of .410 caliber shotgun ammunition; and one 12-gauge shotgun shell.
As a result of a previous felony conviction, Litten was prohibited from possessing firearms or ammunition.
United States Attorney Rod J. Rosenstein praised the ATF and U.S. Capitol Police for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Jennifer R. Sykes and Thomas P. Windom, who prosecuted the case.
Many woman sentenced to 27 months in prison for possession of sawed-off shotgunRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that a woman from Many was sentenced to 27 months in prison for possessing a short-barreled shotgun.
Christi Rene McPherson, 36, of Many, La., was sentenced by U.S. District Judge Dee D. Drell on one count of unlawful possession of a short-barreled shotgun. She was also sentenced to three years of supervised release and was ordered to pay a $1,000 fine. According to the July 26, 2016 guilty plea, after a physical altercation with her boyfriend, McPherson took a black bag from the boyfriend’s house in 2015 that contained firearms and other contraband. The Natchitoches Parish Sheriff’s Office contacted McPherson at a convenience store and found her to be in possession of the black containing a 12-gauge shotgun with a barrel less than 18 inches, five grenade simulators, a Kevlar vest and other firearms. McPherson was also found to be in possession of 3 grams of methamphetamine and 12 pills of Lorazepam. Federal law restricts the ownership of shotguns with barrels shorter than 18 inches long and requires that they be registered.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF and the Natchitoches Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney David C. Joseph prosecuted the case.
Man and Woman to Federal Prison for Meth ConspiracyRead the Press Release
A man and woman who conspired with each other and others to distribute methamphetamine were each sentenced to federal prison.
Elyaxel Vasquez, 31, and Ashley Shivers, 31, both from Fort Dodge, Iowa received the prison terms after guilty pleas to conspiracy to distribute methamphetamine.
At the guilty pleas, Vasquez and Shivers both admitted their involvement in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine in the Fort Dodge, Iowa, area from about 2014 continuing through December 2015. Both were also involved in the distribution of methamphetamine to individuals cooperating with law enforcement.
Vasquez and Shivers were sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Vasquez was sentenced to 126 months’ imprisonment and Shivers was sentenced to 78 months’ imprisonment. A special assessment of $100 was imposed for each. They each must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system. Vasquez and Shivers are being held in the United States Marshal’s custody until they can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Department of Narcotics Enforcement, Tri-County Drug Task Force, Webster County Drug Task Force, Fort Dodge Police Department, Webster County Sheriff’s Office, and Iowa Division of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR15-3047. Follow us on Twitter @USAO_NDIA.
Milwaukee Man Pleads Guilty to Sex Trafficking and Related CrimesRead the Press Release
WASHINGTON – Paul Carter, 46, of Milwaukee, pleaded guilty in the Eastern District of Wisconsin late yesterday to eight counts of sex trafficking by force, fraud or coercion and one count of conspiracy to commit forced labor and sex trafficking by force, fraud or coercion.
According to documents filed in court, from 2001 to 2013, the defendant used false promises of good earnings and a better life to recruit women and girls to dance at exotic dance clubs on Indian reservations in Northern Wisconsin. Carter then used a combination of physical violence, isolation, emotional manipulation, sexual assault and threats to harm the victims’ families to exert control over the victims and compel them to engage in commercial sex acts in Milwaukee, Northern Wisconsin and elsewhere for his profit.
According to the plea agreement, when Carter became angry at one victim for associating with another man, he used a heated wire hanger to brand a “P” on her buttock to demonstrate his ownership of her. Carter also admitted that when he heard another victim was considering leaving him, he put the barrel of a gun in her mouth and threatened to “blow her head off.” On another occasion described in plea documents, Carter, believing that a victim had hidden money from him, responded by searching her genitals and then forcing her to engage in sexual intercourse with him. As further admitted in plea documents, on another occasion Carter threw a victim to the ground and stepped on her head hard enough to break her tooth, and also required her to choose between two additional punishments: drowning or jumping out of a window.
“The repulsive crime of human trafficking offends the most basic standards of human decency and dignity,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “The Civil Rights Division will vigorously and relentlessly prosecute those who prey upon, abuse and exploit vulnerable members of our society for their own financial benefit. And while no punishment can undo the egregious harms inflicted, we will work tirelessly to seek justice on behalf of victims and survivors of human trafficking.”
“Paul Carter preyed on women and children who found themselves in desperate situations; some were homeless, others had no one to turn to, and yet others had no money to survive,” said U.S. Attorney Gregory J. Haanstad of the Eastern District of Wisconsin. “He used violence, fear, isolation and coercion to make the victims commit commercial sex acts for his financial benefit. The Department of Justice, working with the Federal Human Trafficking Task Force, has been dedicated to investigating and prosecuting human traffickers so that victims can be free from this modern-day slavery. This prosecution reflects the Department of Justice’s commitment to protecting those who are most vulnerable and to prosecuting those who are responsible.”
Carter was charged in a superseding indictment returned on Oct. 12, 2016, and faces a possible sentence of 15 years to life in prison. The sentencing is scheduled for March 15, 2017. As part of the plea agreement, Carter will also be ordered to pay restitution to each of the seven victims identified in the indictment, in an amount to be determined at the time of sentencing.
This prosecution is the result of the joint investigation by the Eastern District of Wisconsin’s Human Trafficking Task Force and cooperative efforts of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the State of Wisconsin Department of Justice, the Milwaukee Police Department, the FBI, the U.S. Attorney’s Office for the Eastern District of Wisconsin and the Civil Rights Division’s Human Trafficking Prosecution Unit.
The case is being prosecuted by Assistant U.S. Attorneys Karine Moreno-Taxman and Laura Kwaterski of the Eastern District of Wisconsin and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.
# # #
Long Island Fisherman Indicted for Conspiracy and FraudRead the Press Release
WASHINGTON—A federal grand jury in Central Islip, New York, returned an indictment today charging Thomas Kokell, a fisherman from East Northport, New York, with conspiracy, mail fraud and falsification of federal records, the Justice Department announced.
The charges stem from a fraudulent scheme designed to cover up the illegal harvest of fluke that was purportedly taken under the National Oceanic and Atmospheric Administration’s (NOAA) Research Set-Aside Program. According to the indictment, the conspiracy between Kokell and a fish dealer, who previously pleaded guilty, involved the preparation and filing of dozens of false Fishing Vessel Trip Reports and electronic dealer reports. The conspiracy was alleged to have hidden the overharvest of approximately 196,000 pounds of fluke valued at over $400,000.
The defendant will be arraigned in Central Islip at a yet to be scheduled date. An indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty in a court of law.
The case was investigated by agents of NOAA’s National Marine Fisheries Service. The case is being prosecuted by Christopher Hale and Brendan Selby of the Justice Department’s Environmental Crimes Section.
IndictmentLee's Summit Woman Pleads Guilty to $1.5 Million Embezzlement Schemes, Identity TheftRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Lee’s Summit, Mo., woman pleaded guilty in federal court today to a series of embezzlement schemes totaling more than $1.5 million.
Patricia Webb, 44, of Lee’s Summit, pleaded guilty before U.S. District Judge Roseann Ketchmark to three counts of wire fraud and one count of aggravated identity theft. Webb has been in federal custody since her bond was revoked by the court for unrelated fraudulent conduct.
By pleading guilty today, Webb admitted that she embezzled at least $1,526,594 in total from Garmin International, Black and Veatch and TriStar Benefit Administrators.
Garmin Embezzlement Scheme
Webb admitted that she embezzled $1,255,175 million from Garmin while employed as a senior payroll specialist.
Webb caused Garmin to send 16 unauthorized Automated Clearing House payments (fund transfers, such as direct deposits and business-to-business payments) to her own business bank account (under the corporate name Beauty Within Me) from Feb. 24, 2012, to May 30, 2014. The payments were sent on behalf of then-current employees who were utilizing Garmin’s relocation program. Webb caused Garmin funds to be recorded to the in-transit employee’s W-2, under the code “P,” which was inflated to mask Webb’s embezzlement. After the clearing of the ACH payments, Webb would alter Garmin’s general ledger to reflect the fraudulent payments as “Relocation Expenses.”
Black and Veatch Embezzlement Scheme
Webb admitted that she embezzled $302,183 from Black and Veatch while employed as a global payroll manager. Webb was employed by Black and Veatch from January 2015 until March 4, 2016 and earned $90,000 per year. Webb facilitated unauthorized wire transfers and ACH transactions from the company’s payroll account to her Beauty Within Me business bank account.
An analysis of Webb’s bank account shows a large amount of spending at casinos and cash withdrawals at casinos.
TriStar Embezzlement Scheme
Webb admitted that she stole the identity of another employee while she was working at Garmin in order to embezzle $7,385 from TriStar Benefit Administrators, the company which managed Garmin’s healthcare savings accounts.
Webb used the personal identifiable information of another Garmin employee to create a flexible spending account without his knowledge or consent. Webb submitted a request for reimbursement to TriStar in the name of this employee on July 18, 2011. The request was for hospital treatment in the amount of $7,385 and the payment from TriStar was sent to Webb’s bank account.
Under federal statutes, Webb is subject to a sentence of up to 20 years in federal prison without parole on each count of wire fraud, plus a mandatory consecutive sentence of two years in federal prison for aggravated identity theft. 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. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI.
Leader of Teenage Drug Smuggling Ring Pleads Guilty; Used Facebook to Coordinate Drug TraffickingRead the Press Release
Assistant U. S. Attorney Patrick J. Bumatay (619) 546-8450
NEWS RELEASE SUMMARY – May 31, 2016
SAN DIEGO – Roberto Torres Jr., 22, pleaded guilty in federal court today to leading a drug smuggling ring that used young adults and teenagers to smuggle vast quantities of methamphetamine into the United States.
Torres, a U.S. citizen, admitted that he and his co-conspirators recruited dozens of minors, some as young as 15 years old, from Imperial Valley, California high schools and elsewhere to transport narcotics from Mexico into the United States. Torres used Facebook, the social networking platform, to coordinate the drug trafficking activity with his young smugglers.
As part of his plea agreement, Torres agreed to a “use of a minor” enhancement under the U.S. Sentencing Guidelines, which will result in him receiving an elevated Guidelines sentencing range.
Several of Torres’ codefendants have already pleaded guilty to participating in the drug trafficking enterprise, including Genesis Flores De Anda, Hector Beltran-Garcia, Eleazar Sanchez-Aguilar, and Diana Carrillo.
Torres pleaded guilty before U.S. Magistrate Judge Bernard G. Skomal. He will be sentenced on February 17, 2017 at 9 a.m. before U.S. District Judge Cathy Ann Bencivengo. Torres faces up to life imprisonment, a mandatory minimum of ten years in prison, and a $10 million fine.
DEFENDANTS Case Number 15cr2503-CAB/15CR3143-CAB
Roberto Torres, Jr. Age: 22
Hector Beltran-Garcia Age: 22
Genesis Flores De Anda Age: 20
Diana Lizeth Carrillo Age: 21
Eleazar Sanchez-Aguilar Age: 39
SUMMARY OF CHARGES
Conspiracy to Import Methamphetamine– Title 21, U.S.C., Sections 952, 960, 963
AGENCY
Homeland Security Investigations
Justice Department Settles Immigration-Related Discrimination Claim Against Aldine Independent School DistrictRead the Press Release
The Justice Department announced today that it reached a settlement with the Aldine, Texas, Independent School District resolving allegations that the district discriminated against work-authorized non-citizens in violation of the Immigration and Nationality Act (INA). The district is the ninth largest school district in the state with an enrollment of almost 70,000 students.
The department’s investigation, conducted by the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), found that Aldine required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents when reverifying their employment eligibility once their original documents expired. The INA’s anti-discrimination provision prohibits employers from making specific documentary demands based on citizenship or national origin when verifying or reverifying an employee’s authorization to work. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the lists of acceptable documents to prove their work authorization, and employers cannot limit employees’ choice of documentation because of their citizenship or national origin.
“Employers must ensure that their human resources staff understand proper hiring practices,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The INA prohibits discrimination because of citizenship status and the Civil Rights Division continues to enforce this statute around the country to remind all employers of their compliance obligations as well as to vindicate the rights of employees.”
As part of the agreement, Aldine will revise its policies and procedures, pay a $140,000 civil penalty and implement a three-year program to train employees, students and students’ parents on the requirements of the INA’s anti-discrimination provision. Specifically, the training program, which will be developed by Aldine staff, will be focused on educating adult participants in Aldine’s parent literacy/English as a Second Language (ESL) classes, 12th grade students enrolled in certain classes and the school district’s employees.
OSC is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected] or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing, or recruitment or referral for a fee should contact OSC’s worker hotline for assistance.
Trial Attorney Richard Crespo of the Civil Rights Division handled this matter.
Aldine Settlement AgreementJustice Department Revises Regulations to Require Closed Movie Captioning and Audio Description for People with DisabilitiesRead the Press Release
The Justice Department today announced an Americans with Disabilities Act (ADA) Title III regulation to further clarify a public accommodation’s obligation to provide appropriate auxiliary aids and services for people with disabilities. The final rule provides that public accommodations that own, operate or lease movie theaters are required to provide closed movie captioning and audio description whenever showing a digital movie that is produced, distributed or otherwise made available with these features.
Title III of the ADA requires public accommodations to furnish appropriate auxiliary aids and services, where necessary, to ensure effective communication with people with disabilities, and the department has long held the position that captioning and audio description are auxiliary aids required by the ADA. Despite this obligation and the widespread availability of movies with these features, the department received numerous reports from the disability community indicating that neither closed movie captioning nor audio description is universally available at movie theaters across the United States.
The department initiated this rulemaking on June 10, 2010, with the publication of its Advance Notice of Proposed Rulemaking (ANPRM) and then published its Notice of Proposed Rulemaking (NPRM) on Aug. 1, 2014. In total, the department received over 1,500 comments on the ANPRM and the NPRM, including a comment on the NPRM that was jointly submitted by advocacy groups representing individuals with hearing disabilities and the movie theater industry. The department intends to publish the final rule in the Federal Register in the near future, and the rule will take effect 45 days after publication.
“The disability community and movie theater industry provided comprehensive insight on this important regulation,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department’s regulation establishes a nationally consistent standard and ensures that, in theaters across the country, people with hearing and vision disabilities can fully enjoy watching movies with their families and friends.”
The final rule requires movie theaters to have available and maintain the equipment necessary to provide closed movie captioning and audio description so that it is delivered to a movie patron’s seat and available only to that patron. Movie theaters are also required to notify the public about the availability of these features and have staff available to assist movie patrons with the equipment.
The requirements of this rule do not apply to any movie theater that shows analog movies exclusively. Additionally, the compliance limitations under Title III of the ADA apply to this rulemaking, and thus, the rule makes clear that movie theaters do not have to comply with the rule’s requirements if compliance would result in an undue burden or a fundamental alteration.
For more information about this rule or the ADA, please visit the department’s ADA website or call the ADA Information Line (1-800-514-0301, 1-800-514-3083, TTY). Once the final rule is published in the Federal Register, a copy will be available on the Federal Register’s website.
Final Rule Movie Captioning
Justice Department Files Suit Against Bernards Township, New Jersey, over Denial of Zoning Approval for MosqueRead the Press Release
The Justice Department filed a lawsuit today against Bernards Township, New Jersey, alleging that the township violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow the Islamic Society of Basking Ridge to build a mosque on land it owns. The land is located in a zone that, at the time of the Islamic Society’s zoning request, permitted the construction of places of worship as a matter of right.
The complaint, filed in U.S. District Court for the District of New Jersey, alleges that Bernards Township’s denial of approval for the mosque discriminated against the Islamic Society based on its religion and the religion of its members; applied standards and procedures on the Islamic Society that it had not applied to other religious and non-religious assemblies in the past; and imposed a substantial burden on the Islamic Society’s religious exercise. The complaint also alleges that the township violated RLUIPA by amending its zoning ordinance in a manner that imposes unreasonable limitations on all religious assemblies.
“Sixteen years ago, Congress passed RLUIPA unanimously – with diverse religious and ideological support – because it recognized the fundamental right of all religious communities to build places of worship free from discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “No congregation or community should ever face unlawful barriers to practicing their religion and observing their faith.”
“As alleged in the complaint, Bernards Township has treated the Islamic Society of Basking Ridge differently than other houses of worship,” said U.S. Attorney Paul Fishman of the District of New Jersey. “RLUIPA ensures that municipalities must treat religious land use applications like any other land use application. But here, township officials kept moving the goalposts by using ever-changing local requirements to effectively deny this religious community the same access as other faiths.”
RLUIPA contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religious exercise. Persons who believe that they have been subjected to religious discrimination in land use or zoning may contact the Civil Rights Division’s Housing and Civil Enforcement Section at (800) 896-7743.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Bernards Township ComplaintJustice Department Files Suit Against Bernards Township, New Jersey, over Denial of Zoning Approval for MosqueRead the Press Release
NEWARK, N.J. – The Justice Department filed a lawsuit today against Bernards Township, New Jersey, alleging that the township violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied zoning approval to allow the Islamic Society of Basking Ridge to build a mosque on land it owns. The land is located in a zone that, at the time of the Islamic Society’s zoning request, permitted the construction of places of worship as a matter of right.
The complaint, filed in U.S. District Court for the District of New Jersey, alleges that Bernards Township’s denial of approval for the mosque discriminated against the Islamic Society based on its religion and the religion of its members; applied standards and procedures on the Islamic Society that it had not applied to other religious and non-religious assemblies in the past; and imposed a substantial burden on the Islamic Society’s religious exercise. The complaint also alleges that the township violated RLUIPA by amending its zoning ordinance in a manner that imposes unreasonable limitations on all religious assemblies.
“As alleged in the complaint, Bernards Township has treated the Islamic Society of Basking Ridge differently than other houses of worship,” U.S. Attorney for New Jersey Paul J. Fishman said. “RLUIPA ensures that municipalities must treat religious land use applications like any other land use application. But here, township officials kept moving the goalposts by using ever-changing local requirements to effectively deny this religious community the same access as other faiths.”
“Sixteen years ago, Congress passed RLUIPA unanimously – with diverse religious and ideological support – because it recognized the fundamental right of all religious communities to build places of worship free from discrimination,” Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, said. “No congregation or community should ever face unlawful barriers to practicing their religion and observing their faith.”
RLUIPA contains multiple provisions prohibiting religious discrimination and protecting against unjustified burdens on religious exercise. Persons who believe that they have been subjected to religious discrimination in land use or zoning may contact the Civil Rights Division’s Housing and Civil Enforcement Section at (800) 896-7743 or the District of New Jersey Civil Rights Complaint Hotline at (855) 281-3339.
More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Jena man sentenced to 16 months in prison for illegal possession of silencersRead the Press Release
MONROE, La. – United States Attorney Stephanie A. Finley announced that a Jena man was sentenced Monday to 16 months in prison for possessing unregistered silencers, which he also constructed and sold.
Robert E. Durham, 34, of Jena, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession of an unregistered firearm. He was also sentenced to three years of supervised release. According to the June 20, 2016 guilty plea, the defendant was recorded setting up a sale of silencers with an undercover ATF agent. They met on May 10, 2016 in Winnfield, La., and the undercover agent purchased three silencers. Law enforcement agents then searched Durham’s home on May 19, 2016. They found and seized silencers, homemade firearm suppressors, ammunition, tools and a drill press to make silencers, silencer parts, and packaged “solvent trap kits,” which are also used to make silencers. The silencers and silencer parts and kits are defined as firearms according to federal law and are required to be registered in the National Firearms Registration and Transfer Record. The illegal silencers Durham possessed were not registered.
The ATF and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney James G. Cowles Jr. prosecuted the case.
Jamaican Resident Admits Role in Fake Lottery ScamRead the Press Release
NEWARK, N.J. – A resident of Jamaica, West Indies, today admitted swindling elderly residents of the United States by falsely telling them they had won millions of dollars in Jamaican lotteries, U.S. Attorney Paul J. Fishman announced.
Ricardo Reid, 31, pleaded before U.S. District Court Judge Susan D. Wigenton in Newark federal court to an indictment charging him with one count of conspiracy to commit mail and wire fraud.
According to documents filed in this case and statements made in court:
From 2011 to 2016, Reid purchased mailing lists that contained addresses and other information of elderly individuals and then solicited these individuals by tricking them into believing they had won millions in lotteries and sweepstakes. He also told the elderly individuals that in order to redeem these fictitious winnings, they had to pay registration fees and other fees and taxes. Reid told the victims that the calls were from officials of the United States, such as the IRS, and from lottery or bank officials.
Reid admitted that he used aliases like “Robert Gates,” “Mr. Bogohazian,” and “Damien Boswel,” and used call forwarding and Voice Over Internet Protocol services to make and receive calls, masking his phone number and location.
The conspiracy county to which Reid pleaded guilty carries a maximum prison term of 20 years and a fine of up to $250,000. Sentencing is scheduled for Feb. 27, 2017 .
U.S. Attorney Fishman credited special agents of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Terence S. Opiola; and inspectors of U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge James V. Buthorn, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Lorraine S. Gerson of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense counsel: K. Anthony Thomas Esq., Assistant Federal Public Defender, Newark
Individual Arrested for Bulk Cash SmugglingRead the Press Release
San Juan, Puerto Rico– Máximo Paredes-Suárez was indicted for bulk cash smuggling and providing false statements to federal officials, announced U.S. Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. Customs and Border Protection (CBP) and Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) are in charge of the investigation.
On or about November 12, 2016, Máximo Paredes-Suárez, did knowingly conceal more than $10,000 in currency and other monetary instruments, to wit: sixty-two thousand three hundred eighty-six dollars ($62,386.00) in United States currency, in his luggage, and attempted to transport and transfer said U.S. currency and monetary instruments from the San Juan Luis Muñoz Marín International Airport, in the District of Puerto Rico, to the Dominican Republic.
According to the indictment, the defendant willfully and knowingly made materially false, fictitious, and fraudulent statements by stating to CBP and ICE-HSI AirTAT agents that he was not transporting any currency, at the San Juan Luis Muñoz Marín International Airport, San Juan, Puerto Rico. The statement and representation was false because, as Paredes-Suárez then and there knew, he had $62,386.00 in United States currency concealed in his luggage at the San Juan Luis Muñoz Marín International Airport.
This case is being prosecuted by Assistant U.S. Attorney Stuart Zander. The case was investigated by Customs and Border Protection officers and Homeland Security Investigations (HSI) Airport Investigations and Tactical Team (AirTAT).
The maximum penalties for these offenses are 10 years of imprisonment. An indictment is a formal accusation of criminal conduct, not evidence. Defendants are presumed innocent unless and until convicted through due process of law.
Honduran Man Sentenced After Pleading Guilty to Illegally Re-Entering the United States After Previous DeportationRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced today that Salvador Lopez-Hernandez, of Honduras, was sentenced to 8 months in prison after pleading guilty, on August 16, 2016, to illegally re-entering the United States after having been previously deported.
Silva-Hernandez was arrested by Immigration and Customs Enforcement Deportation Officers on June 15, 2016, after they developed information that Lopez-Hernandez was present in the United States after having been deported on one previous occasion.
Silva-Hernandez faces likely deportation after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega prosecuted this case.
###
Hingham Man Charged with Defrauding InvestorsRead the Press Release
BOSTON – A Hingham man was arrested today and charged in U.S. District Court in Boston with defrauding neighbors and other acquaintances in a Ponzi scheme.
Stephen S. Eubanks, 47, of Hingham, Mass., was arrested on a complaint charging him with one count of wire fraud. Beginning in February 2010, Eubanks allegedly ran a hedge fund under the name Eubiquity Capital LLC, taking in approximately $529,000 in investor funds. Eubanks had previously worked as a registered broker with several large brokerage firms, but was terminated in the wake of customer complaints and other disciplinary issues. According to the complaint, in 2013 and 2014, Eubanks told two acquaintances that he was a registered financial advisor running a hedge fund affiliated with Goldman Sachs, TD Ameritrade, UBS Bank and Fidelity Investments. One client invested a total of $125,000 with Eubanks, while the other invested $20,000. A third person, living in Florida, invested $50,000 with Eubanks in 2013.
It is alleged that Eubanks invested some of his clients’ funds, but used a significant portion for personal expenses. Moreover, when asked for account statements summarizing the funds’ performance, Eubanks fabricated account statements, or used account statements from unrelated accounts, to deceive his clients into believing that their money had earned a healthy return. In some instances, Eubanks allegedly ran the fund as a Ponzi scheme, using money deposited with him by newer investors to pay “returns” due to earlier investors.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
The Massachusetts Securities Division, which conducted an earlier civil investigation of Eubanks, provided significant assistance to the U.S. Attorney’s Office.
United States Attorney Carmen M. Ortiz; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Andrew E. Lelling of Ortiz’s Economic Crimes Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Frewsburg Man Pleads Guilty to Health Care FraudRead 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 Leo A. Kronert, Jr., 66, of Frewsburg, NY, pleaded guilty to healthcare fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that the defendant, then a full time teacher at Salamanca High School and a part time chiropractor in Salamanca, NY, submitted false claims for payment to Medicare and private insurance companies seeking reimbursement for health care services allegedly provided in connection with his chiropractic practice. The fraudulent claims totaled approximately $92,000, and included bills for patient visits on dates during which Kronert was travelling out of the area, and bills for an individual who did not reside in Western New York.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge and the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott Lampert.
Sentencing is scheduled for February 28, 2017, at 2:00 p.m. before Judge Vilardo.
Founder of Litigation Marketing Company Guilty of Multi-Million Dollar Securities FraudRead the Press Release
Assistant U.S. Attorneys Aaron P. Arnzen (619) 546-8384 and Billy Joe McLain 619-546-6762
NEWS RELEASE SUMMARY – November 22, 2016
SAN DIEGO – David Aldrich pleaded guilty in federal court today to defrauding investors through litigation marketing company PLCMGMT LLC dba Prometheus. Aldrich admitted that he conspired with James Catipay, who pleaded guilty on October 26, 2016, to lie to investors when convincing them to invest.
Specifically, Aldrich and Catipay falsely told investors that they could redeem their investments at any time; that funds were available to pay both redemptions and hefty returns; and that their investments were secured by enforceable liens. In reality, as Aldrich admitted, the investments were risky and unsecured and there was no existing source of funds to pay investor redemptions or returns.
According to his plea agreement, Aldrich and Catipay established Prometheus in 2013. They then devised a business plan and began soliciting investors. According to the business plan, Prometheus would use investor funds to pay for marketing efforts to recruit potential plaintiffs for tort actions against the manufacturers of prescription drugs and medical devices. Any proceeds from those tort actions would fund investor redemptions and returns.
To convince investors to entrust Prometheus with their funds, Aldrich and Catipay created marketing materials for prospective investors. The marketing materials falsely stated that the tort plaintiffs that Prometheus identified through its legal marketing would, as soon as the claims were filed, be entitled immediately to funds from legal actions that had already been settled and for which funds had been placed on escrow.
In fact, only 1% of the tort plaintiffs’ legal actions had been settled, and an overwhelming majority of the legal actions had not been litigated or successfully negotiated for settlement. The marketing materials also represented that investor funds, once received by Prometheus, were “100%” secured by a legally enforceable lien and that investors could redeem their investments on demand. The truth was that investor funds were never secured by a lien, and Prometheus had denied, and would continue to deny, a large majority of redemption demands received from investors.
In exchange for investing in a “Prepaid Forward Contract,” Prometheus promised to pay investors returns ranging from 100% to 300%, depending on the amount invested and the time horizon for the investment. Based on these lies, and during the time the Aldrich was associated with Prometheus, approximately 200 investors entrusted Prometheus with more than $8.5 million. Despite the defendant’s promises, Prometheus was only able to pay back approximately $300,000 of this amount. Most investors, many of them retirees, lost their entire investments.
United States Attorney Laura E. Duffy reminded investors to exercise appropriate caution when presented with unproven investments and promises of exorbitant returns. In a civil case filed by the Securities and Exchange Commission (SEC v. PLCMGMT LLC, et al., LACV16-02594-TJH), a District Court in the Central District of California has appointed a receiver to take control of Prometheus and recover investor funds.
“The FBI remains committed to uncovering fraud schemes that affect our community,” said FBI Special Agent in Charge Eric S. Birnbaum. “Today’s conviction is a reminder of the financial perils associated with high yield investment fraud scams.” If you believe you are a victim of or otherwise have information concerning an investment fraud scheme, you are encouraged to contact the FBI at 1-800-CALL-FBI.
Aldrich is scheduled to appear before District Judge John A. Houston on February 13, 2017 for sentencing.
DEFENDANT 16CR2688-JAH
David Aldrich Age: 43 San Diego, CA
SUMMARY OF CHARGES
Conspiracy to Commit Securities Fraud, in violation of 18 U.S.C. § 371.
Maximum Penalties: 5 years’ imprisonment, a maximum $250,000 fine (or twice the gross gain or loss caused by the offense), $100 special assessment, restitution.
AGENCIES
Federal Bureau of Investigation
Securities and Exchange Commission
Former University Employee Sentenced for $781,000 Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former University of Missouri employee was sentenced in federal court today for embezzling more than $781,000 from the school over a 13-year period.
Carla Rathmann, 55, of Mount Vernon, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to four years in federal prison without parole. The court also ordered Rathmann to pay $781,670 in restitution.
On June 6, 2016, Rathmann pleaded guilty to one count of mail fraud and one count of credit card fraud.
Rathmann embezzled a total of $781,670, primarily by submitting fake and fraudulent invoices and bills to the University of Missouri. Rathmann also admitted that she illegally used a university credit card for approximately $146,144 in personal expenses. Rathmann used the embezzled funds to gamble at area casinos, purchase expensive cars, buy high-end appliances for her home, pay for the remodeling of her home, take expensive vacations around the world with her husband, purchase other personal luxury items like a hot tub and a large above ground pool, and pay for many of the day-to-day bills associated with the maintenance of their home and care for her pets.
Rathmann was hired by the University of Missouri as an administrative officer at the Southwest Research Center, located in Mount Vernon, in January 2000. Her responsibilities included receiving bills, paying bills, various accounting duties, payroll, scheduling meetings and organizing staff at the Southwest Research Center. Rathmann was fired from her position in September 2015 after officials discovered that she had used her university credit card, also known as a “p-card,” to pay for personal expenses.
In 2005, Rathmann created and registered three shell companies with the Missouri Secretary of State’s Office. Rathmann admitted that these companies – R&R, R&R Argi and Garrett Farm and Oil – did not produce a single product or provide a service of any type. Either Rathmann or her husband were the owners and registered agents for these companies.
From Jan. 24, 2005, to June 18, 2014, Rathmann issued bills or invoices in the names of these shell companies to the University of Missouri for products or services ostensibly provided to the Southwest Research Center. In reality, none of these companies provided a single item or a service to the Southwest Research Center. The invoices or bills submitted by Rathmann to the University of Missouri for payment were entirely false and fraudulent.
On numerous occasions, Rathmann, in her capacity as an administrative employee for the University of Missouri at the Southwest Research Center, approved the fraudulent invoices and bills. After she approved the payments, the University of Missouri wrote checks to Rathmann’s fictitious companies, which were deposited into her bank account.
The University of Missouri paid Rathmann $570,521 for the products and services that in fact were never delivered or provided.
Shortly after she was hired, Rathmann was given a credit card to facilitate the purchasing of goods and services needed for the Southwest Research Center. Rathmann fraudulently used the credit card to make unauthorized personal purchases (i.e., her dog’s surgery, remodeling her home, dental expenses, propane for her home, gas for her vehicle and herbicide for her home).
The first unauthorized use of the credit card occurred on Feb. 19, 2002, when Rathmann’s credit card was used to pay Bolivar Insulation in the amount of $1,249. The last unauthorized use of the credit card was on Aug. 20, 2015, when Rathmann’s credit card was used to pay an invoice from Ozark Mountain Pest Control in the amount of $30. In between these purchases were numerous other personal purchases she made using the credit card that totaled approximately $146,144.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and the Missouri State Highway Patrol. The University of Missouri was instrumental in detecting the fraud, initiating the investigation and assisting law enforcement.
Former Major and Lt. Col. Convicted of Four-Year Fraud Against the Marine CorpsRead the Press Release
Assistant U.S. Attorneys Nicholas W. Pilchak (619) 546-9709 and C. Seth Askins (619) 546-6692
NEWS RELEASE SUMMARY – November 22, 2016
SAN DIEGO – A former major in the U.S. Marine Corps Reserves was convicted by a federal jury yesterday for participating in a four-year conspiracy to defraud the Marine Corps out of more than $205,000.
Jason H. Wild pretended to rent the home of his fellow officer, former reservist Lieutenant Colonel Michael K. Strom, in order to claim reimbursements from the Marines when called to active duty at Camp Pendleton. Strom, in turn, pretended to rent Wild’s home from Wild’s friend. Both men submitted phony lease agreements and rental receipts to support their false claims. In truth, each man owned his own home next to Camp Pendleton and never paid any of the claimed rent.
Following a three-day jury trial before U.S. District Judge Anthony Battaglia, the jury deliberated for about 35 minutes before finding Wild guilty of wire fraud and making false claims. Strom pleaded guilty on October 28, 2016 before Judge Battaglia, admitting the wire fraud conspiracy and two counts of false claims.
Wild owned his own home in Oceanside, California throughout the time he claimed rental benefits from the Marine Corps. Evidence at trial, including witness testimony, credit card statements, tax returns, and bank records, established that Wild lived in his Oceanside home throughout the period he falsely claimed to pay $38,442 to rent Strom’s home in Laguna Niguel, California.
Five months after Wild’s “rental” concluded, Strom was activated at Camp Pendleton and falsely claimed for two years to rent Wild’s Oceanside home from Wild’s friend. Although Strom told the Marine Corps he paid $98,736 to rent Wild’s home, the evidence at trial demonstrated that Strom lived in his own home in Laguna Niguel throughout the sham “lease” period.
Financial records, including a bank analysis performed by the Naval Audit Service, established at trial that neither defendant had paid a dollar of the claimed rent.
“Military service members who choose to defraud the armed forces deprive our nation—and their fellow soldiers—of the resources they need to complete their difficult mission,” said U.S. Attorney Laura E. Duffy. “This Office will continue to vigorously pursue fraudsters in or out of uniform who seek to enrich themselves by diverting taxpayer money from the men and women defending this country.”
Duffy commended the close coordination between the investigating agencies—the Department of Defense, Defense Criminal Investigative Service; the Naval Criminal Investigative Service; and the Department of Homeland Security, Office of the Inspector General—during the lengthy investigation of this case. The Internal Revenue Service also provided valuable assistance.
“The successful prosecution in this case was the direct result of collaborative teamwork between the Naval Criminal Investigative Service, its law enforcement partners and the US Attorney's Office,” said Edward Denion, Assistant Special Agent in Charge of the NCIS Southwest Field Office. “Convictions like this should serve as a deterrent to those who would put personal gain above their responsibility to American taxpayers and warfighters.”
“Yesterday’s guilty verdict should send a clear message that we intend to stop these types of fraudulent practices,” stated David Canez, Acting Special Agent in Charge for the U.S. Department of Homeland Security, Office of the Inspector General. “This office will be vigilant in seeking prosecution of any cases in which federal officials and their conspirators cross the line into criminal activity. DHS OIG and its law enforcement partners will continue to hold these shameless individuals accountable.”
“The guilty verdict of former U.S. Marine Corps Officer, Major Jason Wild, and related guilty plea of former Lieutenant Colonel Michael Strom demonstrates the Department of Defense's commitment to fight fraud, waste and abuse. This investigation exemplifies the dedication by the Defense Criminal Investigative Service and its law enforcement partners to identify and prosecute those individuals who seek to enrich themselves at the expense of the taxpayer,” said Chris Hendrickson, Special Agent in Charge, Defense Criminal Investigative Service.
Wild was ordered to appear on February 21, 2017 at 9:00 a.m. for sentencing before Judge Battaglia. Strom was previously ordered to appear for his own sentencing on February 13, 2017.
DEFENDANT Case No. 15-cr-2771-AJB
Jason H. Wild 45 years old Oceanside, California
Michael K. Strom 48 years old Laguna Niguel, California
CHARGES
Wire Fraud Conspiracy - 18 U.S.C. § 1349
Maximum penalty: 20 years’ imprisonment and $250,000 fine
False Claim – 18 U.S.C. § 287
Maximum penalty: 5 years’ imprisonment and $250,000 fine
AGENCIES
Department of Defense, Defense Criminal Investigative Service
Naval Criminal Investigative Service
Department of Homeland Security, Office of the Inspector General
Former Edmond Property Manager Pleads Guilty to Defrauding Clients and Failure to Pay TaxesRead the Press Release
Oklahoma City, Oklahoma – Today, ANGELA RENEE RENEAU, from Oklahoma City, pled guilty to one count of wire fraud and one count of failure to file an income tax return, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
Between 2010 and 2014, Reneau provided real estate management services to owners of commercial office buildings in the Edmond, Oklahoma, area through her business, Reneau Properties, LLC. At her plea hearing today, Reneau admitted to United States District Judge Vicki Miles-LaGrange that during this time period she made unauthorized transfers of her clients’ rent income funds into her Reneau Properties bank account and used those funds for her personal expenses. Specifically, she admitted that she caused Citizens Bank of Edmond, in Oklahoma, to use interstate wire communications with the bank’s processor, which is located out-of-state, to transfer $11,000 from the bank account of her client, 750 West Covell, LLC, into her Reneau Properties bank account. Reneau admitted that this transfer was not authorized by her client and that she used the funds for her personal expenses. In addition, Reneau also admitted that she knowingly and willfully failed to file a federal income tax return with the Internal Revenue Service for the tax year of 2014.
At sentencing, Reneau faces up to 20 years in prison and a $250,000 fine for the wire fraud charge and up to one year in prison and a $100,000 fine on the tax charge. A sentencing hearing will be set by the court in approximately 90 days.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigations Division. The case was prosecuted by Assistant U.S. Attorney Amanda Maxfield Green.
Former DLT Worker Pleads Guilty to Theft, Computer Fraud ChargesRead the Press Release
PROVIDENCE, R.I. – Ambulai R. Sheku, 37, of Providence, a former Senior Employment Interviewer with the Rhode Island Department of Labor and Training (DLT), pleaded guilty in federal court in Providence today to conspiring to commit mail fraud, theft of government funds and accessing a protected computer to commit fraud.
Sheku admitted that between June 2009 and February 2015, he used his position at DLT and his authorized access to DLT computer files to participate in a scheme to make unauthorized changes to benefit recipients’ files which resulted in the fraudulent disbursement of more than $508,000 of unemployment insurance benefits.
Sheku’s guilty plea before U.S. District Court Chief Judge William E. Smith is announced by United States Attorney Peter F. Neronha; Colonel Ann C. Assumpico, Acting Superintendent of the Rhode Island State Police; and Michael C. Mikulka, Special Agent in Charge of the New York Region of the Department of Labor - Office of Labor Racketeering and Fraud Investigations.
At the time of his guilty plea, Sheku admitted that he used his authorized access to DLT computers and computer files to obtain unemployment benefits for himself and others to which they were not entitled. As part of the scheme Sheku changed the mailing addresses of legitimate unemployment insurance beneficiaries, thus causing banks to mail unemployment insurance benefits to individuals not entitled to receive them; without authorization, extended the expiration of benefits for members of the conspiracy; caused fraudulent claims, including claims by individuals who were employed and thus ineligible for unemployment benefits, to be approved and dispersed; increased the balance of unemployment insurance benefits; and fraudulently removed blocks or “stops” on benefit payments, thus allowing coconspirators to continue receiving benefits to which they were not entitled.
It is alleged in court documents that the scheme resulted in a loss to the Rhode Island Department of Labor and Training of approximately $508,691, of which approximately $350,606 were federal funds.
Sheku is scheduled to be sentenced on February XX, 2017.
The matter continues to be investigated by the United States Attorney’s Office, Rhode Island State Police and the U.S. Department of Labor, with the assistance of the Rhode Island Department of Labor and Training and the U.S. Postal Inspection Service.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly.
###
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Former College Patrol Officer Pleads Guilty to Sending Sexually Explicit Images to MinorRead the Press Release
BOSTON – A former Massasoit Community College patrol officer and Somerset Police Department reserve officer pleaded guilty today in U.S. District Court in Boston in connection with attempting to send sexually explicit images and videos of himself to an underage girl.
Cliff Oliveira, 28, of Somerset, pleaded guilty today to one count of attempted transfer of obscene material to a minor. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 28, 2017.
In November 2015, law enforcement officers discovered that an unknown adult male (later identified as Oliveira) was using the screen name “samuricop” on Kik Messenger to engage in sexually explicit chats and send sexually explicit images to a 13-year-old girl in South Carolina. Undercover officers subsequently engaged samuricop on Kik Messenger using the persona of an underage girl named “Gabbi.”
For approximately a month and half, undercover officers communicated with samuricop – informing him that Gabbi was a 14-year-old, middle school classmate of the 13-year old minor victim. Samuricop asked Gabbi to call him “daddy” and went on to engage in sexually explicit conversations with her. On Jan. 13, 2016, samuricop used Kik Messenger to send several images and a video of himself masturbating to “Gabbi.”
During the course of the communications with the 13-year old victim and with the undercover officers (Gabbi) samuricop informed them that he worked as a police officer. He also repeatedly sent images of a police cruiser and a firearm. Investigators subsequently used those images as well as IP login information provided by Kik to identify Oliveira as the user of the samuricop account. At the time, Oliveira was working as a patrol officer for the Massasoit Community College Police Department and reserve officer for the Somerset Police Department.
The charge of attempted transfer of obscene material to a minor provides for a sentence of no greater than 10 years in prison, three years supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and Greenville Country (South Carolina) Sheriff Steve Loftis, made the announcement today. Assistance with the investigation was also provided by the Somerset, Brockton, and Massasoit Community College Police Departments. Assistant U.S. Attorney Jordi de Llano of Ortiz’s Criminal Division is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’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, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Former Bullitt County, Kentucky, Sheriff’s Deputy Guilty of Money Laundering, Trafficking in Meth and MarijuanaRead the Press Release
Co-defendants admit to concealing the criminal activities from law enforcement
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr. today announced the guilty pleas of a former Bullitt County, Kentucky, Sheriff’s Deputy, to charges of trafficking in marijuana and methamphetamine and concealing the financial proceeds (money laundering). Two co-defendants admitted to concealing the criminal activities from law enforcement during a 15 month period.
Those pleading guilty in United States District Court on November 16, 2016, before United States District Judge David J. Hale, include Christopher Mattingly, former Bullitt County, Kentucky, Sheriff’s Deputy and co-defendants Ronald A. Shewmaker and Eddie Whitfill, both of Bullitt County. The defendants remain on bond. Co-defendant James F. Howard is scheduled for trial before Judge Hale on December 12, in Louisville, while Hector Renato Orozco Landa and Raymond Carillo remain at large. All three are charged with conspiracy to distribute marijuana and money laundering.
In court, Mattingly admitted that between March 2014 and June 2015, he conspired with the other named defendants to knowingly and intentionally distributing more than 1000 kilograms but less than 3000 kilograms of marijuana imported from California and distributed in the Western District of Kentucky and elsewhere. At trial, the United States would prove these facts by introducing recordings of conversations between the defendant and a co-conspirator, and between the defendant and a reliable confidential informant, wherein the defendant makes statements probative of knowledge and intent to distribute large quantities of marijuana.
Additionally, Mattingly admitted that between March 2014 and June 2015, he conspired with the other named defendants to conduct financial transactions with monetary proceeds derived from trafficking in marijuana, by depositing some proceeds in the bank and by using other proceeds to pay for marijuana shipments. The United States would prove these facts by introducing the defendant’s bank records and eliciting testimony from a reliable confidential informant.
Finally, Mattingly admitted that between February 2015 and June 2015, he conspired with other persons to knowingly and intentionally distributing more than 500 grams but less than 1.5 kilograms of a substance containing a detectable amount of methamphetamine. The United States would prove these facts by eliciting testimony from unindicted co-conspirators and from a reliable confidential informant.
Defendants Whitfield and Shewmaker admitted to concealing their knowledge of Mattingly’s illegal activities from law enforcement between March 2014 and June 2015.
Sentencing is scheduled before Judge Hale on February 8, 2017, in Louisville.
This case is being prosecuted by Assistant United States Attorney Larry E. Fentress and is being investigated by DEA and the Bullitt County, Kentucky Sheriff’s Department.
###
Following Extradition of Two More International Cyber Criminals, U.S. Attorney's Office Formally Announces Creation of Cyber Crime UnitRead the Press Release
ATLANTA – Damilola Solomon Ibiwoye and Olayinka Olaniyi, citizens of Nigeria living in Kuala Lumpur, Malaysia, were extradited to the United States and arraigned in federal court in Atlanta on November 18, 2016, in connection with a series of alleged “phishing scams” that targeted colleges and universities across the country, including the Georgia Institute of Technology (“Georgia Tech”).
In connection with their arraignment, U.S. Attorney John Horn announced the creation of a Cybercrime Unit within the Atlanta U.S. Attorney’s Office Criminal Division. The new unit is designed to combat the growing threat of cybercrime in its many forms, such as “hacks” into private networks and theft of proprietary data; the creation and use of malware to harvest personal financial information and logins; and the operation of illicit marketplaces on the darknet. The cyber unit will operate within the office’s Financial Fraud & Cyber Crime Section and will be staffed with five highly-trained and experienced federal prosecutors dedicated to prosecuting cybercrime and assisting federal agencies in their cyber investigative efforts around the world.
“Our office holds a distinguished history of prosecuting some of the highest-profile cyber matters in the country, from the creators of the SpyEye and Citadel malware to the foreign nationals responsible for the hacks into RBS WorldPay, E*Trade, and other corporations,” said U.S. Attorney Horn. “And we have successfully ensured that some of these criminals, who believe themselves to be safe in the shadows of the darknet, are brought to justice in U.S. court. The creation of a dedicated Cyber Unit will build on this expertise to aggressively identify and investigate the newest directions in cybercrime whether committed by individuals, syndicates, or even state actors here or abroad.”
The U.S. Attorney’s Office for the Northern District of Georgia was one of 30 offices across the country that was recently allocated an additional Assistant U.S. Attorney position for the purpose of enhancing its cybercrime prosecution efforts. The awarding of this position reflects the office’s past success in combating cybercrime threats, as well as the need to enhance those efforts against new and emerging cyber threats.
The newly formed cyber unit will investigate and prosecute, among other things, computer hacking, intellectual property theft, and related offenses, including (a) the development or distribution of malware; (b) the theft of property or information from a protected computer, including personal identifying information, health records, financial information, intellectual property, trade secrets, and other sensitive information; (c) distributed denial of service (DDOS) attacks on web servers, and (d) computer intrusions that directly or indirectly impact national infrastructure and national security interests.
The unit will also focus on building and maintaining productive working relationships with the private sector, collaborating on cyber defense practices through one-on-one meetings, seminars, panels, task forces, and case interactions. Cyber prosecutors in the office already regularly participate in numerous speaking engagements each year, and will continue to do so as part of the cyber unit.
The indictment of Damilola Solomon Ibiwoye, 27, and Olayinka Olaniyi, 32, alleges that the defendants directed phishing emails to college and university employees. A “phishing scam” is the act of sending fraudulent emails that appear to come from legitimate enterprises for the purpose of acquiring personal information, including usernames and passwords. The alleged phishing scam targeted Georgia Tech and other colleges and universities in the United States. Once employees entered their login and password information, the defendants captured their personal information and used that information to change payroll direct deposit payment information and fraudulently directed payroll deposits into bank accounts they controlled. The FBI, with the assistance of Georgia Tech, and the Malaysian government, were able to determine that the defendants allegedly launched their phishing attacks while living in Kuala Lumpur, Malaysia. In total, the defendants and co-conspirators allegedly stole over $1 million dollars from over 25 colleges and universities in the United States.
“The arrests and subsequent extraditions of Ibiwoye and Olaniyi are the direct result of global cooperation among US and international law enforcement and the private sector. Individuals and groups targeting US institutions and citizens from abroad through cyber-attacks and spear phishing emails should no longer feel confident that they will remain anonymous and protected by geographic boundaries. These efforts demonstrate the FBI’s commitment to identifying and pursuing cyber criminals world-wide, and serves as a strong deterrent to others targeting American institutions and citizens through email phishing scams. This case should also serve as a reminder to the public to remain vigilant of the continued use of phishing emails seeking to steal their personal information,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office, stated.
The defendants were arraigned before U.S. Magistrate Judge Linda T. Walker on November 18, 2016. A federal grand jury in the Northern District of Georgia returned an indictment against Damilola Solomon Ibiwoye, 27, and Olayinka Olaniyi, 32, on December 15, 2015, on charges of conspiracy to commit wire fraud, computer fraud and aggravated identity theft. Both defendants have been in Malaysian custody since their arrests last year, pending completion of extradition proceedings.
Members of the public are reminded that the indictment referenced above only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey A. Brown is prosecuting the case.
If your company or clients wish to participate in future outreach efforts by the Cyber Unit concerning best practices, or for further information about this case, 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.
Five Individuals Indicted for Involvement in Armed Robberies of Des Moines Businesses and Distribution of DilaudidRead the Press Release
Indictment alleges defendants participated in string of Git-N-Go robberies and used robbery proceeds to purchase and distribute controlled substances
DES MOINES, IA - On November 22, 2016, United States Attorney Kevin E. VanderSchel announced the return of an indictment stemming from an eight month investigation into a series of robberies occurring at businesses in Des Moines, Iowa. The indictment charges Alexander Ray Hamilton with Conspiracy to Interfere with Commerce by Robbery; Conspiracy to Distribute Dilaudid; fifteen counts of Interference with Commerce by Robbery; two counts of Distribution of a Controlled Substance; Attempted Interference with Interstate Commerce by Robbery; Bank Robbery; and Use of a Communication Facility to Facilitate Distribution of Dilaudid.
Sarah Victoria Coe is charged with Conspiracy to Interfere with Commerce by Robbery; Interference of Commerce by Robbery; and Bank Robbery.
Shelly Shannon Avery is charged with Conspiracy to Interfere with Commerce by Robbery; and two counts of Interference of Commerce by Robbery.
Chris Brian Avery is charged with Conspiracy to Interfere with Commerce by Robbery; Use of a Communication Facility to Facilitate Distribution of Dilaudid; and Interference with Commerce by Robbery.
Luke Martin, Jr. is charged with Conspiracy to Distribute Dilaudid and two counts of Distribution of Dilaudid.
The Indictment alleges Defendants Hamilton, Coe, Shelly Avery, and Chris Avery conspired from as early as March 21, 2016, to April 20, 2016, to interfere with commerce by robbery and to commit bank robbery. One or more of the defendants would identify locations to rob, which included various locations of Git-N-Go, Kum & Go, Hy-Vee, and U.S. Bank in Des Moines. As part of the conspiracy, one or more defendants would obtain transportation to and from the robbery, surveil the robbery locations, and ultimately commit the robbery. Defendant Hamilton used some of the proceeds of the robberies to purchase and distribute controlled substances.
An indictment is only an accusation, and the defendants are presumed innocent unless and until proven guilty.
The joint investigation was conducted by the Des Moines Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Attorney's Office for the Southern District of Iowa.
Federal Search Warrants ExecutedRead the Press Release
Council Bluffs, Iowa – On November 22, 2016, federal search warrants were executed at the following locations in Iowa and Nebraska:
• Two warrants executed on Tenth Avenue, Council Bluffs.
• Avenue B, Council Bluffs.
• South 19th Street, Council Bluffs.
• North 15th Street, Omaha.
• North 93rd Street, Omaha.
• Rees Street, Omaha.
• South 39th Street, Omaha.
• North 111th Plaza, Omaha.
• South 48th Street, Omaha.
The searches at these locations were official law enforcement actions involving agents and investigators from the Federal Bureau of Investigation Task Force. No other information or comments will be released until documents have been filed with the court as part of the public record.
Father and Son Plead Guilty to Drug Related Murder on the Hoopa Valley Indian ReservationRead the Press Release
SAN FRANCISCO – Rodney Vincent Ortiz and Vincent Rudy Ortiz (collectively, the defendants) pleaded guilty today in federal court today for their respective roles in the March 21, 2015, drug related shooting and murder on the Hoopa Valley Indian Reservation in Humboldt County, Calif., announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The guilty pleas were accepted by the Honorable Richard Seeborg, U.S. District Judge.
According to the plea agreement, the defendants committed the shooting and murder following a dispute over a drug transaction that took place a week earlier. Vincent Ortiz, 27, of Willow Creek, Calif., admits he sold what was supposed to be a pound of marijuana to Victim 1, a resident and member of the reservation. When Victim 1 complained that the amount of marijuana was less than a pound, Vincent eventually traveled with his father, Rodney Ortiz, 54, to Victim 1’s residence to resolve the dispute. Rodney Ortiz admits he brought a loaded firearm to the residence; Vincent Ortiz admits he knew Rodney Ortiz brought the loaded firearm and that it was foreseeable his father would use the weapon to shoot Victim 1. When the defendants arrived at the residence, they encountered a group of people inside. An argument ensued between Victim 1 and Rodney Ortiz, resulting in Rodney Ortiz shooting Victim 1 and Victim 2 in the head. Rodney Ortiz then shot Victim 3 in the head and shoulder before fleeing the scene with his son, Vincent. Victim 1 died as a result of the shooting, but Victims 2 and 3 managed to survive. In his plea agreement, Vincent Ortiz admits he aided and abetted Rodney Ortiz’s use, carrying, and discharging of the firearm in furtherance of and in relation to the drug conspiracy and the resulting murder of Victim 1. Vincent Ortiz also acknowledges in his plea agreement that he reasonably could have foreseen the shootings of Victims 2 and 3.
A federal grand jury indicted the defendants on December 17, 2015. In the indictment, the defendants are charged with conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846 and 841(a)(1) and (b)(1)(D), use of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) and 2; and use of a firearm during a drug trafficking crime causing murder, in violation of 18 U.S.C. § 924(j) and 2, obstruction of justice, in violation of 18 U.S.C. § 1512(a)(1)(C) and (k), and use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). Pursuant to today’s plea agreement, the defendants both pleaded guilty to one count of use of a firearm during and in relation to a drug trafficking crime and one count of use of a firearm during a drug trafficking crime causing the murder of Victim 1.
The defendants are next scheduled to appear before Judge Seeborg on May 2, 2017, for a sentencing hearing. The maximum statutory penalties for use of a firearm during and in relation to a drug trafficking crime are life imprisonment, and a mandatory minimum term of 10 years imprisonment, to be imposed consecutive to any other term of imprisonment. The maximum statutory penalty for use of a firearm causing murder is life imprisonment. Each crime carries a maximum term of 5 years supervised release and a $250,000 fine. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Kimberly Hopkins is prosecuting the case with the assistance of Lance Libatique and Jessica Meegan. The prosecution is the result of an investigation by the Humboldt County Sherriff’s Office, Humboldt County District Attorney’s Office, Eureka Police Department, and the Federal Bureau of Investigation.
Erie Man Pleads Guilty to Robbing BankRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of bank robbery, United States Attorney David J. Hickton announced today.
Eric S. Chadwick, 31, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that on February 19, 2015, Chadwick and a co-defendant were involved in the robbery of $1,565 from the First National Bank, located at 3310 West 26th Street, Erie, Pennsylvania.
Judge Cercone scheduled sentencing for March 13, 2017. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Chadwick on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Millcreek Township Police Department conducted the investigation that led to the prosecution of Chadwick.
El Paso Man Pleads Guilty to his Role in a Criminal EnterpriseRead the Press Release
In El Paso, 41-year-old Samuel Velasco Gurrola pleaded guilty to his role in the Velasco Criminal Enterprise (VCE) announced United States Attorney Richard L. Durbin, Jr., Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez.
On Friday, November 18, 2016, appearing before United States District Judge David Briones, Gurrola pleaded guilty to one count of conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity. As a result, Gurrola faces up to life in federal prison.
By pleading guilty Gurrola admitted that he conspired to possess with intent to distribute 1000 kilograms or more of marijuana; that he conspired to commit a kidnapping in a foreign country; and that while in the course of committing theft of property, and with intent to obtain and maintain control of the property, Gurrola threatened and placed a victim in fear of imminent bodily injury and death by exhibiting a firearm.
According to court records, VCE is responsible for large-volume drug trafficking, money laundering, international and cross-border kidnappings, extortion, robbery, and car theft, among other offenses. VCE operates across the United States in places such as Las Vegas, NV, New Mexico, North and South Carolina, California, and Texas. VCE also operates in Mexico and has its base of operations in El Paso.
Court records also reveal VCE is responsible for the international and multi-state distribution of marijuana, cocaine, and methamphetamine. Narcotics would be transported from Mexico into El Paso, and also into Deming and Lordsburg, NM, by VCE and then distributed to places like Dallas, TX, Las Vegas, NV, and North and South Carolina. VCE also is involved in laundering drug proceeds internationally and also nationally, through banks and other institutions. VCE is responsible for committing multiple kidnappings per month which were planned in El Paso, and then carried out in Juarez, Mexico, from the years of at least 2008 through 2013.
Prior to this plea, on October 17, 2016, jurors convicted Gurrola on another case of three counts of conspiracy to commit murder in a foreign country and four counts of conspiracy to cause foreign travel for murder for hire. According to evidence presented during a trial in 2008, Velasco Gurrola was married to Ruth Sagredo Escobedo. At the time, Velasco Gurrola was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child. Velasco Gurrola wished to prevent Sagredo from testifying against him at the aggravated sexual assault trial.
Testimony during the 2016 trial revealed that Samuel Velasco Gurrola arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villarreal, Gurrola’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo was ambushed and murdered.
Gurrola’s sentencing in both cases is set for March 24, 2017. Gurrola has remained in federal custody since his arrest in February, 2015.
This investigation was conducted by the Drug Enforcement Administration and the Homeland Security Investigations, with assistance from the El Paso Police Department and the Federal Bureau of Investigation.
El Departamento de Justicia Resuelve Una Queja de Discriminación Relacionada con la Inmigración Contra el Distrito Escolar Independiente de AldineRead the Press Release
WASHINGTON – El Departamento de Justicia anunció hoy que había llegado a un acuerdo con el Distrito Escolar Independiente de Aldine, Texas que resuelve las acusaciones de que el distrito discriminaba contra inmigrantes autorizados para trabajar, en contravención de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). El distrito es el noveno distrito escolar más grande del estado, con una población estudiantil de casi 70.000 alumnos.
La investigación del Departamento de Justicia, llevada a cabo por la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés), determinó que Aldine obligaba a los que no eran ciudadanos estadounidenses, pero no a los ciudadanos estadounidenses en situaciones similares, que presentaran documentos específicos cuando re-verificaban su permiso de trabajar una vez que sus documentos originales vencían. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos debido a la nacionalidad u origen nacional de sus trabajadores al verificar o re-verificar el permiso de trabajar. Según la INA, todos los trabajadores, incluso los que no son ciudadanos estadounidenses, tienen el derecho de escoger cualquier documentación válida que deseen presentar de la Lista de Documentos Aceptables para comprobar su permiso de trabajar, y los empleadores no pueden limitar la selección de documentos que presenten los trabajadores debido a su ciudadanía u origen nacional.
“Los empleadores deben cerciorarse de que su personal de recursos humanos entiendan las prácticas correctas de contratación,” dijo la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, encargada de la División de Derechos Civiles del Departamento de Justicia. “La INA prohíbe la discriminación debido a la ciudadanía y la División de Derechos Civiles continúa haciendo cumplir esta ley por todo el país para recordar a todos los empleadores de sus obligaciones y para reivindicar los derechos de los empleados.”
Según los términos del acuerdo, Aldine revisará sus políticas y procedimientos, pagará una sanción civil de $140.000, e implementará un programa de tres años para capacitar a los empleados, estudiantes y a los padres de estudiantes respecto a la disposición antidiscriminatoria de la INA. Más específicamente, el programa de formación, será creado por el personal de Aldine y se concentrará en educar a los participantes adultos en clases de alfabetización para apoderados de Aldine y en clases de Inglés como segundo idioma (ESL, por sus siglas en inglés), a los alumnos de 12º año matriculados en ciertas clases y a los empleados del distrito.
La OSC es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, dicha ley prohíbe la discriminación debido a la nacionalidad u origen nacional al contratar, despedir, o reclutar o recomendar por comisión; prácticas injustas respecto a documentos; las represalias y la intimidación.
Para más información sobre las protecciones contra la discriminación en el empleo en las leyes de inmigración, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); llame a la línea directa de la OSC para empleadores at 1-800-255-8155 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); inscríbase para un webinar gratis en www.justice.gov/crt/about/osc/webinars.php, escriba por correo electrónico a [email protected]; o visite la página web de la OSC en www.justice.gov/crt/about/osc.
Los postulantes o empleados que crean que fueron sometidos a requisitos distintos respecto a documentación debido a su nacionalidad, estatus migratorio u origen nacional; o a discriminación debido a su ciudadanía, estatus migratorio u origen nacional en la contratación, despido, reclutamiento o recomendación por comisión deben comunicarse con la línea directa de la OSC para trabajadores para obtener ayuda.
El abogado litigante Richard Crespo de la División de Derechos Civiles se encargó de este caso.
El Departamento de Justicia Resuelve Una Queja de Discriminación Relacionada con la Inmigración Contra el Distrito Escolar Independiente de AldineRead the Press Release
WASHINGTON – El Departamento de Justicia anunció hoy que había llegado a un acuerdo con el Distrito Escolar Independiente de Aldine, Texas que resuelve las acusaciones de que el distrito discriminaba contra inmigrantes autorizados para trabajar, en contravención de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). El distrito es el noveno distrito escolar más grande del estado, con una población estudiantil de casi 70.000 alumnos.
La investigación del Departamento de Justicia, llevada a cabo por la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés), determinó que Aldine obligaba a los que no eran ciudadanos estadounidenses, pero no a los ciudadanos estadounidenses en situaciones similares, que presentaran documentos específicos cuando re-verificaban su permiso de trabajar una vez que sus documentos originales vencían. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos debido a la nacionalidad u origen nacional de sus trabajadores al verificar o re-verificar el permiso de trabajar. Según la INA, todos los trabajadores, incluso los que no son ciudadanos estadounidenses, tienen el derecho de escoger cualquier documentación válida que deseen presentar de la Lista de Documentos Aceptables para comprobar su permiso de trabajar, y los empleadores no pueden limitar la selección de documentos que presenten los trabajadores debido a su ciudadanía u origen nacional.
“Los empleadores deben cerciorarse de que su personal de recursos humanos entiendan las prácticas correctas de contratación,” dijo la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, encargada de la División de Derechos Civiles del Departamento de Justicia. “La INA prohíbe la discriminación debido a la ciudadanía y la División de Derechos Civiles continúa haciendo cumplir esta ley por todo el país para recordar a todos los empleadores de sus obligaciones y para reivindicar los derechos de los empleados.”
Según los términos del acuerdo, Aldine revisará sus políticas y procedimientos, pagará una sanción civil de $140.000, e implementará un programa de tres años para capacitar a los empleados, estudiantes y a los padres de estudiantes respecto a la disposición antidiscriminatoria de la INA. Más específicamente, el programa de formación, será creado por el personal de Aldine y se concentrará en educar a los participantes adultos en clases de alfabetización para apoderados de Aldine y en clases de Inglés como segundo idioma (ESL, por sus siglas en inglés), a los alumnos de 12º año matriculados en ciertas clases y a los empleados del distrito.
La OSC es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, dicha ley prohíbe la discriminación debido a la nacionalidad u origen nacional al contratar, despedir, o reclutar o recomendar por comisión; prácticas injustas respecto a documentos; las represalias y la intimidación.
Para más información sobre las protecciones contra la discriminación en el empleo en las leyes de inmigración, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); llame a la línea directa de la OSC para empleadores at 1-800-255-8155 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); inscríbase para un webinar gratis en www.justice.gov/crt/about/osc/webinars.php, escriba por correo electrónico a [email protected]; o visite la página web de la OSC en www.justice.gov/crt/about/osc.
Los postulantes o empleados que crean que fueron sometidos a requisitos distintos respecto a documentación debido a su nacionalidad, estatus migratorio u origen nacional; o a discriminación debido a su ciudadanía, estatus migratorio u origen nacional en la contratación, despido, reclutamiento o recomendación por comisión deben comunicarse con la línea directa de la OSC para trabajadores para obtener ayuda.
El abogado litigante Richard Crespo de la División de Derechos Civiles se encargó de este caso.
Duke Energy to Plead Guilty to Clean Water Act Crime and Pay $1M Fine for 2014 Oil SpillRead the Press Release
CINCINNATI – Representatives of Duke Energy Beckjord LLC agreed to plead guilty today in federal court to negligent discharge of oil, in violation of the Clean Water Act. The filed plea agreement includes a $1 million fine in addition to restitution.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, John K. Gauthier, Acting Special Agent in Charge, U.S. Environmental Protection Agency (EPA) criminal enforcement program, Craig W. Butler, Director, Ohio EPA, Ohio Attorney General Mike DeWine, Ohio Bureau of Criminal Investigation and Captain Michael B. Zamperini, Commander, Sector Ohio Valley, U.S. Coast Guard announced the plea and sentence to take place in U.S. District Court today.
According to court documents, on August 18, 2014, Duke Energy caused a spill of approximately 9,000 gallons of diesel fuel from its Walter C. Beckjord generating station facility in New Richmond, Ohio to the Ohio River. The oil sheen on the Ohio River from the discharge extended for approximately 15 miles.
A Duke Energy operator transferring fuel from three 705,000-gallon capacity tanks ran the forwarding pump too long and over-filled the two 30,000-gallon capacity above-ground fuel tanks. Diesel fuel spilled from the tank overfill vents into a concrete secondary containment area. A valve on the secondary containment area had been improperly left open by other Duke employees, causing the spilled diesel fuel to escape the containment area and enter directly into the Ohio River.
The Ohio River is a source of drinking water for residents of both Kentucky and Ohio. As a result of the spill, the Northern Kentucky, Greater Cincinnati and Louisville water supply intakes were closed on August 19, 2014. Water intakes were reopened the next day, after water samples did not detect the diesel fuel in the drinking water.
Significant resources were expended by at least 35 government and private sector agencies in the emergency response and clean-up related to the discharge. Duke Energy’s prompt clean-up efforts resulted in the recovery of only a small portion of the discharged oil. To date, Duke Energy has reimbursed more than $1.2 million to those entities for costs incurred in connection with the spill. Further, Duke Energy has deconstructed the bulk fuel oil storage tanks involved in the spill and no longer stores bulk fuel oil at the Beckjord facility.
As part of the plea agreement, Duke Energy has agreed to also pay $100,000 to the Foundation for Ohio River Education, a non-profit organization dedicated to preserving the cultural, ecological and economic value of the Ohio River through community education. Duke Energy will also issue a written public apology in an advertisement published in the Cincinnati Enquirer.
“We will continue to take environmental violations seriously to ensure the safest living conditions for the residents of our District,” U.S. Attorney Glassman said.
“This case underscores the need for companies to have proper measures in place to prevent and respond to fuel spills so they don't impact our water resources," said John K. Gauthier, Acting Special Agent in Charge of EPA's criminal enforcement program in Ohio. "Had Duke Beckjord, LLC taken measures to ensure that valves were closed to contain fuel spills, this incident would not have occurred. Their lack of these measures resulted in a large fuel spill to the Ohio River which required substantial environmental response efforts.”
“This unfortunate incident risked the drinking water for hundreds of thousands of people. Simply following required procedures would have prevented this incident,” Ohio EPA Director Craig W. Butler said. “Today’s announcement should be a call to action for everyone along the river to be diligent about protecting this vital resource – the Ohio River.”
“This contribution will not only help get over 4,000 students on the Ohio River conducting water monitoring through our River REACH floating classroom program, but will also provide teachers hands-on training and materials that can be used in the classroom and at local streams,” said Heather Mayfield, Director of Foundation for Ohio River Education. “We are so glad that FORE can be a silver lining in this agreement and look forward to supporting Duke’s commitment to STEM education and water quality through our award-winning program.”
U.S. Attorney Glassman commended the cooperative investigation by the U.S. EPA, Ohio EPA, Ohio Attorney General’s Bureau of Criminal Investigation Environmental Enforcement Unit and the U.S. Coast Guard, as well as Assistant United States Attorney Kyle J. Healey who is representing the United States in this case.
Convicted Felon Pleads Guilty to 3rd Firearm OffenseRead the Press Release
PROVIDENCE, R.I. – Christopher Rene, 26, of Providence, pleaded guilty in federal court in Providence today with being a felon in possession of a firearm. Rene was arrested by Providence Police on February 4, 2016. It was the third time Rene had been arrested on firearm charges.
Rene’s guilty plea before U.S. District Court Judge John J. McConnell, Jr., is announced by United States Attorney Peter F. Neronha, Providence Police Chief Colonel Hugh T. Clements, Jr., and Harold H. Shaw, Special Agent in Charge of the FBI in New England.
According to court records, at the time of his arrest in February Rene was on federal supervised release and state probation. In August 2009, Rene was convicted in state court on drug trafficking and firearm charges. He was sentenced to 7 years in prison, 6 months to serve and 78 months of probation. In a separate matter, in March 2011, Rene was convicted in federal court of being a felon in possession of a firearm. He was sentenced to 46 months in prison, to be followed by 3 years of supervised release.
On February 10, 2015, while on federal supervised release and state probation, Rene was among 35 individuals arrested during a series of investigations into violent crimes in Providence as part of the Rhode Island Urban Violent Crime Initiative. Based on information gathered by law enforcement, Rene was arrested for violating the terms of his federal supervised release. He was sentenced to six months in federal prison and an additional 30 months of federal supervised release.
According to state court documents, in February 2016, during an investigation into drug trafficking in Providence, Providence Police seized 41 bags of crack cocaine and .40 caliber handgun from vehicles accessed by Rene. Rene was detained shortly after he exited one vehicle and placed the handgun in the second vehicle.
Rene is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on February 15, 2017.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The matter was investigated by the Providence Police Department with the assistance of the FBI’s Safe Streets Task Force.
United States Attorney Peter F. Neronha acknowledges and thanks the Rhode Island Department of Attorney General for their assistance in this matter.
###
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Colorado U.S. Attorney's Office Launches Web Page for Victims of FusionPharmRead the Press Release
DENVER – Acting U.S. Attorney Bob Troyer announced that his office has launched a website for victims of the FusionPharm fraud. The website, www.justice.gov/usao-co/fusionpharm-us-v-sears-and-dittman, is for anyone interested in the prosecution of FusionPharm, specifically, defendants, William Sears, age 50 of Thornton, Colorado, and Scott Dittman, age 47, now of Boyertown, Pennsylvania, and formerly of Elizabeth, Colorado. Both were charged by Information on September 16, 2016, and were charged with Conspiracy to Defraud the U.S. as part of a scheme to defraud the U.S. Securities Exchange Commission. Sears has pled guilty to the crimes and is scheduled to be sentenced on April 25, 2017. Dittman has filed a notice of disposition, and a change of plea hearing, originally set for early November and now reset due to change in defense counsel is pending.
FusionPharm’s principal business was the development, manufacture and sale of steel shipping containers retrofitted and refurbished for use as hydroponic growing pods, branded as “PharmPods,” for indoor plant cultivation, primarily cannabis. As set forth in court documents, the United States has alleged that, beginning as early as in or about March 25, 2011 and continuing at least through in or about May 15, 2014, the defendants knowingly and willfully conspired to commit securities fraud and wire fraud through FusionPharm, Inc. Specifically, defendants Sears and Dittman reported to the public that certain sales transactions and revenues for FusionPharm had occurred when, in fact, they had not.
The United States has further alleged that Sears and Dittman would falsely represent to FusionPharm’s transfer agent and to broker-dealers that neither Sears nor companies related to him was an affiliate or control person of FusionPharm, thereby allowing Sears’ and the related companies’ FusionPharm shares to be treated as unrestricted securities that could be immediately sold in the public securities markets under the ticker symbol FSPM.
CleanSlate Addiction Treatment Centers Settle Allegations of Unlicensed Prescribing and Improper BillingRead the Press Release
BOSTON – The U.S. Attorney’s Office reached a $750,000 civil settlement yesterday with CleanSlate Centers, Inc. and Total Wellness Centers, LLC d/b/a CleanSlate, to resolve allegations that the two companies, which together operate opioid addiction treatment centers in Massachusetts and other states, improperly prescribed buprenorphine (Suboxone®) for opioid addiction treatment and improperly billed Medicare.
CleanSlate operates 17 clinics, offering treatment to individuals addicted to opioids, including heroin and prescription painkillers, through medication and counseling. The medication, buprenorphine, is a Schedule III controlled substance that also can be used to treat pain.
Until recently, only a physician could prescribe buprenorphine for addiction treatment. Congress modified the law in July 2016, allowing nurse practitioners and physician assistants to prescribe buprenorphine for addiction treatment, provided they meet certain training and state-law licensing requirements. In Massachusetts, those requirements have not yet been established.
United States Attorney Carmen M. Ortiz said, “Buprenorphine is an important drug used in the treatment of substance abuse, and until recently, only physicians were allowed to prescribe it. We will continue to closely monitor clinics that use buprenorphine for addiction treatment to ensure that they comply with strict prescribing requirements.”
“The DEA is committed to enforcing the Controlled Substances Act (CSA) by ensuring that all registrants abide by DEA’s prescribing regulations,” said Special Agent in Charge of the Drug Enforcement Administration Michael J. Ferguson. “Ensuring safe prescribing and dispensing of opioid medications and addiction treatment medications is a critical part of our ongoing efforts to protect patient safety and prevent drug diversion. In response to the ongoing opioid epidemic, DEA is committed to working with our law enforcement and regulatory partners to ensure these rules and regulations are followed.”
“We are committed to investigating healthcare providers engaged in improper billing and prescribing,” said Special Agent in Charge Phillip Coyne of the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG). “Working closely with the DEA, the Office of Inspector General will continue the fight against the deadly and destructive opiate epidemic to protect public safety as well as the federal health care programs intended to care for vulnerable Americans.”
The settlement resolves two sets of allegations. First, the government alleged that, from March 2012 to February 2014, CleanSlate clinics routinely contacted pharmacies representing that physicians had prescribed buprenorphine for patients when, in fact, only midlevel practitioners had seen the patients. Days later, after patients had already picked up their medication from the pharmacies, part-time physicians employed by CleanSlate for as little as six hours per month accessed the patients’ electronic medical records. After reviewing the patient visit information, the part-time physicians signed the prescriptions, backdating them to the visit dates. These actions violated the Controlled Substances Act and regulations issued by the DEA.
Second, the government alleged that, from June 2010 to April 2016, CleanSlate repeatedly billed Medicare for patient visits using physicians’ identification numbers when, in fact, the patients saw midlevel practitioners and no physicians were on clinic premises to supervise those practitioners. Had CleanSlate properly billed under the midlevel practitioners’ identification numbers, Medicare would have paid less. These actions violated HHS’s rules for billing Medicare and violated the False Claims Act.
Upon learning of the prescribing and billing violations, CleanSlate cooperated fully with the federal investigation. It has appointed a new management team and has begun the process of hiring at least one full-time physician at each of its clinics. In addition, CleanSlate has implemented a new system under which only doctors can prescribe buprenorphine, and they do so electronically, thereby ensuring that no prescription is issued until after a doctor has reviewed the patient visit information.
This matter was brought as part of the federal response to the growing opioid abuse epidemic in Massachusetts and other New England states. The addictive quality of opioids has contributed to a recent surge in the theft and misuse of prescription pain medications. As a result, federal, state, and local law enforcement and public health authorities are collaborating to support safe prescribing and dispensing of opioid medications.
U.S. Attorney Ortiz, DEA SAC Ferguson and HHS-OIG SAC Coyne made the announcement today. Assistant U.S. Attorney Christine Wichers of Ortiz’s Civil Division handled the matter.
Charles County Sheriff’s Deputy Facing Federal Charge for Possession of Child PornographyRead the Press Release
Greenbelt, Maryland – Charles County Sheriff’s Deputy Alexander C. Sullivan, age 37, of King George, Virginia, has been charged federally with possession of child pornography. The federal criminal complaint was filed on November 21, 2016 and Sullivan was arrested that evening. Sullivan is expected to have an initial appearance in U.S. District Court in Greenbelt at 3:00 p.m. today, before U.S. Magistrate Judge William Connelly.
The criminal complaint was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Charles County Sheriff Troy Berry.
According to the affidavit filed in support of the criminal complaint, the National Center for Missing and Exploited Children (NCMEC) received four tips from a company that provides cloud security concerning suspected child pornography being uploaded to a specific telephone number in October and November 2016. An officer from the Charles County Sheriff’s Department conducted a search on the telephone number and determined that it belonged to Alexander Sullivan of Indian Head, Maryland. The officer recognized Sullivan’s name and telephone number as belonging to a fellow officer. Sullivan had resided in Indian Head prior to recently relocating to Virginia.
A state search warrant for Sullivan and his telephone was executed in Charles County on November 17, 2016. A preview of the materials on the phone allegedly revealed more than 200 images and five videos containing child pornography. The forensic investigation is ongoing.
If convicted, Sullivan faces a maximum sentence of 10 years in prison for possession of child pornography.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, and the Charles County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Joseph R. Baldwin and Kristi N. O’Malley, who are prosecuting the federal case.
Butler County Man Charged with Transporting Minors for SexRead the Press Release
PITTSBURGH -A Butler County resident has been indicted by a federal grand jury in Pittsburgh on charges of sexual misconduct and ordered detained, United States Attorney David J. Hickton announced today.
The four-count indictment, returned on November 9 and unsealed yesterday, named James Mark Leroy, 54, of Renfrew, PA. According to the indictment presented to the court, Leroy, on two separate occasions, traveled out of state and transported minors with the intent to engage in illicit sexual conduct.
Following a detention hearing, Magistrate Judge Lisa Pupo Lenihan ordered that Leroy remain in the custody of the United States Marshals pending trial. According to evidence presented to the court, Leroy sexually exploited four minor children between 2009 and 2016 at his home and on interstate trips. Testimony presented by Detective John Hertzog of Butler County also detailed direct and indirect efforts by Leroy to obstruct the investigation.
Anyone with information that may help identify additional victims of James Mark Leroy is asked to contact the Federal Bureau of Investigation – Pittsburgh Division at 412-432-4000.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Soo C. Song and Heidi M. Grogan are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Penn Township Police, and Butler County conducted the investigation leading to the indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Depart of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Building Contractor Company Executive Convicted of Theft from Labor Union, Unlawful Labor Payments, Fraud and Money LaunderingRead the Press Release
The owner and CEO of a Greenbelt, Maryland, building contracting company was convicted today for stealing $1.7 million from Local 657 of the Laborers International Union of North America (LIUNA) and other related offenses.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Assistant Director in Charge Paul M. Abbate of the FBI’s Washington, D.C., Field Office, Special Agent in Charge Robin Blake of the Department of Labor Office of Inspector General Washington, D.C., Regional Office and District Director Mark Wheeler of the Department of Labor’s Office of Labor-Management Standards Washington, D.C., District Office made the announcement.
Gary Amoes Cooper, 58, of Upper Marlboro, Maryland, the owner and CEO of STS General Contracting, was convicted of conspiracy to commit theft from a labor organization, conspiracy to make unfair labor payments, wire fraud and money laundering following a jury trial before U.S. District Judge Amit P. Mehta of the District of Columbia. Sentencing has been scheduled for Feb. 27, 2017.
Evidence presented at trial demonstrated that Cooper and co-defendant Christopher Andrew Kwegan, the president of STS, conspired with Anthony Wendel Frederick Sr., the former business manager of Local 657 of LIUNA, to convert for personal use $1.7 million in funds stolen from Local 657. LIUNA is a labor organization that represents laborers in the construction industry, and LIUNA’s Local 657 represents construction laborers in Washington, D.C., and five adjacent counties.
According to trial evidence, from May 2013 to June 2014, Frederick directed $1.7 million in Local 657 funds to STS for an unauthorized construction project and other work without the knowledge or authorization of the Local 657 Executive Board or officials in LIUNA. Cooper and Kwegan then directed part of the stolen funds from STS accounts toward a $225,000 down payment and construction of a garage for a residential property acquired by Frederick, and gave Frederick’s wife 50 percent ownership in a different construction corporation owned by Cooper. In addition, according to trial evidence, Cooper and Kwegan depleted an STS bank account containing only stolen Local 657 funds by withdrawing more than $400,000 in cash, sending hundreds of thousands of dollars to third parties in Qatar and using the remainder for personal items, entertainment, shopping trips, hotel stays and overseas travel.
Frederick, 51, also of Upper Marlboro, and Kwegan, 58, of Randallstown, Maryland, previously pleaded guilty to the same offenses and await sentencing.
The FBI and the Department of Labor investigated the case. Trial Attorneys Vincent Falvo and David Karpel of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
Buffalo Man Sentenced on Cocaine 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 Michael Damian Rivera-Melendez, 27, of Buffalo, NY, who was convicted of attempt to possess cocaine with intent to distribute cocaine, was sentenced to 26 months in prison by Chief U.S. District Court Chief Judge Frank P. Geraci.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on April 29, 2015, the U.S. Postal Inspection Service intercepted a package shipped from Puerto Rico to an address in Buffalo. A search warrant was executed and revealed an amount of cocaine concealed in the package. During a controlled delivery of the package to the residence in Buffalo, Rivera-Melendez directed another person to sign for the package. When Drug Enforcement Administration agents attempted to arrest the defendant, Rivera-Melendez attempted to flee from law enforcement by escaping down a stairwell in the residence. Law enforcement ultimately arrested the defendant and recovered the opened package.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski.
Bossier City woman sentenced to 12 months in prison for stealing more than $90,000 in VA benefitsRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Bossier City woman was sentenced to 12 months in prison for fraudulently taking more than $90,000 in federal benefits that were payable to her deceased mother.
Gloria Lynn Perry, 67, of Bossier City, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of theft of government property. She was also sentenced to three years of supervised release and ordered to pay $ 88,915.15 restitution. According to the July 24, 2015 guilty plea, Perry stole $90,000 of her mother’s Veteran’s Affairs Dependency and Indemnity Compensation benefits from April 1, 2008 until July 1, 2014. Her mother died in 2008 and was no longer entitled to the benefits. In addition, Perry filed for Chapter 13 bankruptcy in 2014, but she did not report the existence of the bank account where her mother’s benefits were deposited nor the income she received as a result.
The Veterans Affairs, Office of Inspector General, conducted the investigation. Assistant U.S. Attorney Cytheria D. Jernigan prosecuted the case.
Bay State Man Sentenced to 70 Months in Prison for Illegally Possessing Self-Built Guns in New HampshireRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that today Raymond L. Blackmer, III, 52, was sentenced to a term of 70 months in federal prison. Blackmer, formerly of Easthampton, Massachusetts, previously had pleaded guilty to the federal crime of Illegal Possession of a Firearm by a Convicted Felon.
According to statements made in connection with Blackmer’s earlier guilty plea, the Easthampton (Massachusetts) Police Department learned on November 6, 2015, that Blackmer intended to travel from Massachusetts to New Hampshire with one or more firearms. Information further indicated that Blackmer had assembled the firearms in his workshop in Easthampton, Massachusetts from component parts that he had purchased on the Internet.
Later that day, surveillance officers watched Blackmer leave his home with the suspected firearms and then drive across the Massachusetts border into Winchester, New Hampshire. Upon crossing the border, Blackmer was stopped by other law enforcement officers who executed a federal search warrant on Blackmer’s car.
Inside the trunk of Blackmer’s car were two AR-15 style rifles, rifle sites and a loaded magazine. During a later search of a premises in Massachusetts that Blackmer used as a workshop, Easthampton police found nine firearms in various states of assembly, at least five of which were sufficiently complete to qualify as firearms under federal law. In connection with his plea, Blackmer admitted that, at the time of the traffic stop and the execution of the warrants, he previously had been convicted of felonies on at least five prior occasions. It is unlawful for a convicted felon to possess firearms.
United States District Judge Steven J. McAuliffe imposed the sentence against Blackmer. In addition to the prison term, Judge McAuliffe imposed a criminal fine of $1000 and ordered Blackmer to serve three years of supervised release after his release from prison. While on supervised release, Blackmer will be required to abide by certain restrictions on his activities and other conditions set by the Court.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives in both Manchester, New Hampshire and in Springfield, Massachusetts, as well as the Easthampton, Massachusetts Police Department and the New Hampshire State Police. The Office of the District Attorney for the Northwest District of the Commonwealth of Massachusetts provided important support. The case was prosecuted by Assistant United States Attorney Bill Morse.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a national initiative by the U.S. Department of Justice to reduce gun crime in America.
###
Arlington Heights Man Sentenced to Five Years in Federal Prison for Receiving Sexually Explicit Images of a Child He Met OnlineRead the Press Release
CHICAGO — An Arlington Heights man was sentenced today to five years in federal prison for receiving sexually explicit images of a ten-year-old girl with whom he communicated online.
In several online conversations in 2014, DANIEL SANTIAGO attempted to persuade the girl to engage in sexually explicit conduct. Santiago eventually received an image over the internet that depicted the child’s private area. He then uploaded the image to an online file-sharing application that allowed others to view the image.
Santiago, 25, pleaded guilty in August to one count of knowingly receiving child pornography. U.S. District Judge Robert W. Gettleman imposed the sentence in federal court in Chicago.
“The evidence shows that Santiago actively sought out child pornography,” Special Assistant U.S. Attorney Jared C. Jodrey argued in the government’s sentencing memorandum. “The images that are the subject of the charges in this case concern a ten-year-old girl whom Santiago exploited.”
According to his written plea agreement, Santiago used the file-sharing application to store, access and share other images of child pornography. He amassed a collection of approximately 2,210 pictures and 25 videos, the plea agreement states. Santiago admitted that his collection included images of prepubescent minors, as well as sadistic and masochistic conduct, according to the plea agreement.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.
The investigation was conducted by the FBI’s Child Exploitation Task Force. The CETF is part of a nationwide effort known as the Innocence Lost National Initiative targeting the commercial sexual exploitation of children in the United States. In Chicago, the CETF is composed of FBI special agents and investigators from the Chicago Police Department, the Cook County Sheriff’s Office, and the Cook County State’s Attorney’s Office.
The government is represented by Mr. Jodrey.
Arkansas Resident Sentenced to Serve over 24 Years in Prison for Distributing Crack CocaineRead the Press Release
GREENEVILLE, Tenn. – Marco Bobo, 39, of Forrest City, Ark., was sentenced on Nov. 21, 2016, by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 292 months in federal prison. Upon his release from prison, he will be supervised by the U.S. Probation Office for five years. There is no parole in the federal system.
Bobo pleaded guilty in August 2016 to a conspiracy to distribute 280 grams or more of crack cocaine. He was the leader of a drug trafficking organization involving seven co-defendants, which obtained powder cocaine in Forrest City, Ark., and transported it to Kingsport, Tenn., where it was “cooked” into crack cocaine and distributed in the Tri-Cities. Bobo admitted to being conservatively responsible for distributing between 2.8 and 8.4 kilograms (6 to 18.5 pounds) of crack cocaine. In addition to receiving cash, he also received firearms in exchange for crack cocaine, some of which he kept and some he distributed to known drug traffickers.
Bobo faced a minimum mandatory sentence of at least 20 years in prison as a result of trafficking in at least 280 or more grams of crack cocaine.
Agencies involved in this investigation included the Second Judicial District Drug Task Force, Kingsport Police Department, Sullivan County Sheriff’s Office, Bristol Police Department, Tennessee Bureau of Investigation, Bureau of Alcohol Tobacco Firearms and Explosives, Internal Revenue Service, and Drug Enforcement Administration. J. Gregory Bowman, Assistant U.S. Attorney represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
###
Monday 21 November 2016
Virginia Man Pleads Guilty to Robbery and Firearms Charges in Connection with Armed Robbery of Econo Lodge in ScrantonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Virginia man pleaded guilty today before United States District Court Judge Malachy E. Mannion in Scranton, to federal robbery and firearms charges filed in connection with the armed robbery of the Econo Lodge located on Kane Street in Scranton, which occurred on February 13, 2016.
According to United States Attorney Bruce D. Brandler, Kwa’shon Roane, age 24, of Gloucester, Virginia, admitted to the charges of interference with commerce by robbery and brandishing a firearm in furtherance of a crime of violence. Roane, along with Rodney Whiting, age 23, of Scranton, Tracy Whiting, age 24, of Newport News, Virginia, and Kelvin Robinson, age 24, also of Newport News, Virginia, were indicted by a grand jury in March 2016 for the armed robbery of the Econo Lodge.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Scranton Police Department, the Pennsylvania State Police, the Lackawanna County District Attorney’s Office and numerous local law enforcement agencies, including the Taylor Borough and Moosic Borough Police Departments. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
Rodney Whiting, Tracy Whiting and Kelvin Robinson previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence and are awaiting sentencing.
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.
Roane faces a mandatory penalty of at least seven years in prison for the charge of brandishing a firearm in furtherance of a crime of violence, which must be served in addition to the sentence he receives for the charge of interference with commerce by robbery.
The maximum penalty under federal law for the offenses is up to life in prison, a term of supervised release following imprisonment and a fine. According to 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.
# # #
Virginia Beach Man Pleads Guilty to Attempting to Entice a MinorRead the Press Release
NORFOLK, Va. – John Francis Aragon, 50, of Virginia Beach, pleaded guilty today to charges of coercion and enticement of a minor to engage in sexual activity.
According to the statement of facts filed with the plea agreement and other court documents, in May 2016, Aragon posted an ad on Craigslist seeking “fetish sex with young girl.” A detective with the Virginia Beach Police Department, in an undercover capacity, responded to the ad pretending to be a 14-year-old girl. The two chatted over a period of time, and the conversations became sexually explicit. Eventually, a special agent with Homeland Security Investigations took over the alleged 14-year-old’s role. On three occasions, Aragon left money under a rock at a local park in exchange for a pair of the girl’s underwear. Aragon also expressed his desire to meet the girl in person in order to engage in sexual activity and on August 16, Aragon showed up at the park in Virginia Beach to meet the girl and was then arrested.
Aragon was indicted by a federal grand jury on September 21, and faces a mandatory minimum of 10 years in prison and a maximum penalty of life in prison when sentenced on Feb. 24, 2017. 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.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk; and James A. Cervera, Chief of Virginia Beach Police, made the announcement after the plea was accepted by U.S. Magistrate Judge Douglas E. Miller. Assistant U.S. Attorney Elizabeth M. Yusi is prosecuting the case.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-129.
U.S. Attorney Ferrer Attends Bilateral Summit with Attorney General of Colombia to Discuss Transnational CrimeRead the Press Release
Today, U.S. Attorney Wifredo A. Ferrer, U.S. Deputy Assistant Attorney General Kenneth A. Blanco, U.S. Ambassador to Colombia Kevin Whitaker, Attorney General of Colombia Nestor Humberto Martinez Neira and Colombia National Police Director General Jorge Hernandez Nieto Rojas met in Cartagena, Colombia for a summit to combat organized transnational crime.
During the meeting, the delegations from the United States and Colombia agreed to strengthen bilateral cooperation in dismantling the financial structures of the criminal organizations, the fight against drug trafficking and the use of asset forfeiture against organized crime.
Colombia and the United States seek to exchange the understandings, visions and interests with respect to the objectives of both countries in order to combat transnational organized crime. In addition, in order to strengthen the commitment of both nations, the parties reached an agreement concerning the sharing of assets confiscated in connection with criminal conduct. The agreement aims to allow Colombia and the United States to share assets - including money and goods of any kind - that have been confiscated by the respective authorities of the parties, and are subject to forfeiture in either of the two jurisdictions. The main purpose of this agreement is to collectively impact the financial structures of the criminal organizations. The recoveries will be used to cover the costs of the investigations and the prosecution of offenses by the respective authorities.
Leaders of the international law enforcement community attended the summit, including representatives from the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), U.S. Immigration and Customs Enforcement (ICE) and Internal Revenue Service (IRS). The Colombian government was also represented by the Assistant Attorney General María Paulina Riveros Dueñas, the National Director of the Prosecutor’s Office, the Ministry of Defense, the Ministry of Finance and Public Credit, the National Police and the Financial Analysis and Information Unit.
U.S. Attorney Announces Arrest of William Mateo for November 18 Gunpoint Robbery of A Bank in Central Nyack, New YorkRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, William F. Sweeney, the Assistant Director-in-charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Robert Mahon, the Acting Chief of the Clarkstown Police Department (“CPD”), announced the arrest of WILLIAM MATEO on charges of bank robbery and a firearms offense. MATEO was arrested yesterday in Elmsford, New York, and will be presented later today in the Southern District of New York in White Plains before United States Magistrate Judge Judith C. McCarthy.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, William Mateo entered a bank in Central Nyack with a mask and a gun, robbed the bank of over $6,000, and then fired a shot toward one of the bank tellers. Thanks to the investigative work of the FBI and Clarkstown Police, just three days after the bank robbery, Mateo is under arrest facing federal criminal charges.”
FBI Assistant Director-in-Charge William F. Sweeney said: “The FBI Westchester County Safe Streets Task Force worked tirelessly to find the suspect accused in this bank robbery because of the threat he posed to the community. Bank tellers complied and gave him the money he demanded, but before leaving, he fired a round in the direction of the tellers. His alleged disregard for the harm he could have cause the people and workers show why it was extremely important to find and arrest him.”
CPD Acting Police Chief Captain Robert Mahon said: “I’m so proud of the entire Clarkstown Police Department for bringing this suspect to justice without any injuries to the public or our officers. Our detectives and the FBI agents assigned to this case worked tirelessly over the past weekend to identify, surveil and apprehend William Mateo for this alleged violent crime. This arrest exemplifies the highest level of dedication and professionalism shown by both the Clarkstown Police Department and the Federal Bureau of Investigation.”
According to the allegations contained in the Complaint[1] charging MATEO, and other documents in the public record:
On November 18, 2016, MATEO committed a gunpoint robbery of the Key Bank in Central Nyack, New York. At the time of the robbery, he was wearing a mask and gloves, and carrying a semi-automatic handgun. After entering the bank, MATEO approached two bank tellers, who handed him cash. Before exiting, he fired a round in the direction of one of the tellers. The bullet hit a wooden partition between two tellers, and no one was injured. MATEO then exited the bank and fled in a car. MATEO’s vehicle was captured on the bank’s surveillance cameras and observed by a witness. In a search of MATEO’s residence, law enforcement recovered a mask, a box of gloves matching those worn during the robbery, and a safe containing, among other items, shell casings, live ammunition, and more than $2,000. After arresting MATEO at a hotel in Elmsford, New York, law enforcement recovered from his hotel room a semi-automatic handgun, a glove, and a firearm magazine. MATEO subsequently gave a post-arrest statement admitting that he had committed the bank robbery and that he had discharged a firearm during the crime. In total, MATEO obtained approximately $6,400.
* * *
MATEO, 24, of Valley Cottage, New York, is charged with one count of bank robbery, which carries a maximum sentence of 25 years in prison, and one count of use of a firearm during and in relation to a crime of violence, which carries a maximum sentence of life in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Bharara praised the investigative work of the Clarkstown Police Department and the FBI’s Westchester County Safe Streets Task Force, which is comprised of agents and task force officers from the FBI, the U.S. Probation Office, the Westchester County Police Department, the Westchester County District Attorney’s Office, the New York City Police Department, the City of Yonkers Police Department, the Peekskill Police Department, and the Mount Vernon Police Department.
The case is being prosecuted by the Office’s White Plains Division. Assistant United States Attorneys Christopher J. Clore and Gillian Grossman are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Two men plead guilty to federal heroin crimesRead the Press Release
HUNTINGTON, W.Va. – Two men pleaded guilty today to federal drug crimes, announced United States Attorney Carol Casto. Bobby James Mitchell, 35, of Huntington, entered his guilty plea to distribution of heroin. In a separate prosecution, Antoine Garfield Rushin, 44, of Detroit, entered his guilty plea to aiding and abetting the possession with intent to distribute heroin.
On March 16, 2016, members of the Drug Enforcement Administration Task Force conducted a controlled purchase of heroin from Mitchell. Mitchell and a confidential informant working with law enforcement met at 1039 Rear Jefferson Avenue in Huntington to complete the drug deal. The confidential informant provided Mitchell with $500 in exchange for approximately 6.1 grams of heroin. Mitchell faces up to 20 years in federal prison when he is sentenced on February 21, 2017.
In a separate prosecution, law enforcement executed a search warrant on June 29, 2015, at 1751 Buffington Avenue in Huntington. Just prior to execution of the warrant, officers observed Rushin enter the residence. During the search, Rushin and other individuals in the residence were arrested and officers seized approximately 65 grams of heroin and digital scales. Rushin admitted that he frequently provided heroin to individuals staying at the residence for those individuals to distribute. Rushin faces up to 20 years in federal prison when he is sentenced on February 21, 2017.
The Drug Enforcement Administration Task Force conducted the investigation of Mitchell. Assistant United States Attorney Gregory McVey is handling the Mitchell prosecution. The investigation of Rushin was conducted by the Huntington FBI Drug Task Force. Assistant United States Attorney Joseph F. Adams is responsible for the prosecution of Rushin. Chief United States District Judge Robert C. Chambers presided over the plea hearings.
These prosecutions were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Two St. Thomas Men Arrested for Possessing Firearms in Furtherance of Drug Trafficking CrimesRead the Press Release
St. Thomas, USVI – Acio Richards, 26, and N’kel Morton, 22, both of St. Thomas, Virgin Islands, made their initial appearance in court on November 17, 2016, before U.S. Magistrate Judge Ruth Miller on separate criminal complaints charging each with possession of a firearm in furtherance of drug trafficking, United States Attorney Ronald W. Sharpe announced.
After a detention hearing in front of Judge Miller on Friday, November 18, 2016, Morton was remanded into the custody of the U.S. Marshals Service pending further proceedings, while Richards was released to a third-party custodian on a $10,000 unsecured bond, and was placed on home detention with electronic monitoring.
According to the complaints, on November 16, 2016, both Richards and Morton separately traded cocaine in exchange for a firearm with an undercover special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Possession of a firearm in furtherance of a drug trafficking offense carries a mandatory minimum sentence of five years.
This case is being investigated by the ATF. It is being prosecuted by Assistant United States Attorney Meredith Edwards.
United States Attorney Sharpe reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.