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Monday 7 November 2016
Topeka Man Sentenced for Armed Robbery with Twin BrotherRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to 43 months in federal prison for helping his twin brother rob a payday lender’s store, Acting U.S. Attorney Tom Beall said.
Lamar Ray Steele, 26, Topeka, Kan., pleaded guilty to one count of aiding and abetting a commercial robbery. In his plea, he admitted he was the driver in a June 4, 2014, robbery at Check Into Cash at 3711 S.W. Plaza Drive in Topeka. He waited in the car while his twin brother went into the store brandishing a firearm. The brothers fled after the robbery.
Co-defendant Charles Lamar Steele, 26, Topeka, is set for sentencing Dec. 12. Co-defendant Zennie Lee Vasser, 33, Topeka, Kan., was sentenced to 43 months in federal prison.
Beall commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Topeka Man Pleads Guilty to Conspiracy in Interstate Sex Trafficking CaseRead the Press Release
TOPEKA, KAN. - A Topeka man pleaded guilty Monday to conspiring to operate an interstate sex trafficking business, Acting U.S. Attorney Tom Beall said.
Barry M. Johnson, 40, Topeka, Kan., pleaded guilty to one count of conspiracy. In his plea, he admitted conspiring with co-defendants to run a Topeka-based prostitution business that operated in Kansas, Missouri and Nebraska. At times, as many as 20 females were working as prostitutes for the organization. The leader of the organization rented houses where some of the prostitutes were allowed to live. The organization used Web sites, social media and cell phones to advertise sexual services and to keep track of prostitutes.
Johnson admitted he recruited and groomed potential sex workers for the organization. Johnson would notify the leader of the conspiracy he had a female who was ready to work and they would negotiate how much he would be paid.
Sentencing is set for Feb. 6. Both parties have agreed to recommend a sentence of 46 months in federal prison.
Co-defendant Frank Boswell, 42, Topeka, Kan., and Michaela Hekekia, 36, Topeka, are set for trial Jan. 3. Co-defendants Rachel Flenniken, 34, Topeka, Kan., and Sean P. Hall, 47, Topeka, Kan., are awaiting sentencing. Shannon Nelson, 23, Topeka, Kan., is set for sentencing Jan. 23.
Beall commended the Topeka Police Department, Homeland Security Investigations, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Three Arrested in Austin for Misuse of Social Security Administration Information / BenefitsRead the Press Release
In Austin today, federal agents arrested three individuals based on allegations that they misused Social Security Information and/or Benefits announced United States Attorney Richard L. Durbin, Jr., and Resident Agent in Charge Ron Trevino, Social Security Administration Office of Inspector General-Office of Investigations.
On November 1, 2016 a federal grand jury returned three unrelated indictments alleging fraud involving Social Security Administration Benefits programs. The first indictment charges 58–year-old Carlos Jimenez Saldana of Austin with one count of felony theft of government money. The indictment alleges that from August 2006 to March 2014, Saldana stole $77,000 in Social Security Administration funds, to which he was not entitled.
The second indictment charges 60-year-old David Royce Davis (aka Maverick Garrett) of Austin with two counts of Social Security Fraud and two counts of Aggravated Identity Theft. The indictment alleges that in July 2015, Davis used the Social Security Number (SSN) of a deceased individual to renew his Texas driver’s license. The indictment further alleges that in September 2015, Davis used the SSN of the same deceased individual to apply for a Social Security Card.
The third indictment charges 36-year-old Lameka Alexander Lowe of Austin with one count of felony Theft of Government Funds and two counts of Supplemental Security Income (SSI) Benefits fraud. The indictment alleges that in 2012 and 2013, Lowe knowingly made false representations to the Social Security Administration. Specifically, she concealed from the agency that her son’s father was a member of the household and failed to report his financial earnings in order to continue receiving unauthorized SSI benefits on behalf of her son. Between December 2009 and June 2015, the indictment alleges that the defendant, as a result of her fraudulent scheme, stole more than $40,000 from the government.
Upon conviction, theft of government money calls for up to ten years in federal prison; Social Security Fraud, up to five years in federal prison; aggravated identity theft, a mandatory two years in federal prison; and, supplemental security income benefits fraud, up to five years in federal prison. All three were released on bond following their initial appearances before U.S. Magistrate Judge Andrew Austin in Austin. Arraignments are scheduled for November 18, 2016, before Judge Austin.
The Social Security Administration estimates billions of dollars of SSA Title II, Old Age, Survivors, and Disability Insurance (OASDI) and Title XVI, SSI Benefit Program Funds are lost yearly due to fraud nationwide. The Social Security Administration’s Office of Inspector General in partnership with the U.S. Attorney Offices nationwide continue to actively prosecute Theft of Government Funds related to fraud perpetrated on SSA Benefit Programs. Special Assistant United States Attorney Yvonne S. Gonzalez is prosecuting these cases on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are innocent until proven guilty in a court of law.
Ten-Year Sentence for Fentanyl Smuggler; In Another Courtroom, Guilty Plea to Smuggling Approximately 6,000 pills of FentanylRead the Press Release
Assistant U. S. Attorneys Sherri Hobson (619) 546-6986, Brandon Kimura (619) 546-9614, Kevin Mokhari (619) 546-8402 and Lara Stingley (619) 546-8403
NEWS RELEASE SUMMARY – November 7, 2016
SAN DIEGO – One fentanyl smuggler was sentenced in federal court today to 10 years in prison while another pleaded guilty in an unrelated case involving a deadly drug that has become an extremely dangerous public safety threat.
In the first case, Graciela Poteciano, of Chula Vista, was sentenced by U.S. District Judge Roger T. Benitez to 120 months in prison for attempting to smuggle more than 26 pounds of fentanyl, methamphetamine and heroin.
Also today, U.S. District Judge Cynthia Bashant accepted the guilty plea of another defendant, Jose Arturo Acevedo, who attempted to smuggle 5,857 pills containing fentanyl, 55 pounds of methamphetamine, 24 pounds of cocaine, and 12 pounds of heroin. The blue pills had markings and the physical dimension of oxycodone, but the Drug Enforcement Administration lab determined that they contained fentanyl.
Poteciano, 43, of Tijuana, Mexico, was convicted by a federal jury in July 2016 of three counts of smuggling into the United States approximately 26.59 pounds of fentanyl, 10 pounds of methamphetamine, and 6.57 pounds of heroin, following her jury trial in July 2016. Poteciano was charged with importation of controlled substances into the United States. in violation of Title 21, United States Code, Sections 952 and 960.
According to evidence presented at trial, Potenciano entered the San Ysidro Port of Entry on May 24, 2016, as the driver of a Chevy Avalanche. U.S. Customs and Border Protection officers discovered the drugs in a spare tire located in the under carriage. The seized methamphetamine had a retail value of up to 80,000; the seized heroin had a retail value of up to $78,840; the seized fentanyl had a retail value of up to $510,000.
In sentencing Poteciano today, Judge Benitez remarked about the dangers of the deadly fentanyl and how fentanyl was connected to multiple overdoses in the nation. When fentanyl, a Schedule II synthetic opioid painkiller, is produced in clandestine laboratories, it can be 100 times more potent than morphine. Exposure to even a trace amount of fentanyl through inhalation or absorption through the skin can be fatal.
According to his plea agreement, Acevedo entered the San Ysidro Port of Entry on July 19, 2016 in his vehicle, which contained 24 packages of drugs concealed in a speaker box lying on the floor of the vehicle behind the front seats near the passenger door. He is scheduled to be sentenced on January 30, 2016 before Judge Bashant.
“Fentanyl remains an extremely dangerous public safety threat,” said U.S. Attorney Laura Duffy. “I continue to be alarmed by the number of fentanyl seizures we are seeing at our borders, which can only mean more tragic deaths if users don’t wake up and take these warnings to heart.”
Last year, the Drug Enforcement Administration released a nationwide public health alert on Fentanyl, a Schedule II synthetic opioid painkiller. Fentanyl is anywhere from 25 to 50 times more potent than heroin. DEA investigations reveal that the Mexican drug cartels, including Sinaloa, are producing fentanyl from precursors sourced from China.
DEFENDANTS
Graciela Potenciano Age 43 Chula Vista, California Criminal Case: 16CR1285
Jose Arturo Acevedo Age 35 Tijuana, Mexico Criminal Case: 16CR1877
SUMMARY OF CHARGES
Importation of Controlled Substances (21 U.S.C. 952 and 960)
Maximum penalty: 20 years’ imprisonment and $500,000 fine
AGENCY
Customs and Border Protection
Homeland Security Investigations
Tacoma Man Sentenced to Nearly Four Years in Prison for Embezzling $2.3 Million from his EmployerRead the Press Release
A Tacoma, Washington man who stole more than $2.3 million from his employer over a five-year period was sentenced today in U.S. District Court in Seattle to 46 months in prison for wire fraud, announced U.S. Attorney Annette L. Hayes. TONI ANDERSSON, 37, was ordered to pay $2,294,761 to Expedited Solutions, a freight management company. At the sentencing hearing U.S. District Judge James L. Robart noted that ANDERSSON had been trusted within the company. “There are a lot of people out there who we trust to do the right thing and we need to say there is a serious consequence for doing the wrong thing,” Judge Robart said.
According to records filed in the case, between July 2010 and February 2016 in his role as accounting coordinator for a freight management company, ANDERSSON diverted $2.3 million from company accounts to his own bank account. ANDERSSON did this by a variety of means: creating false entries in accounting software so that payments made to himself appeared to be payments to vendors; creating of checks made out to himself and drawn on company bank accounts; using the signature stamp of the company owner to sign checks; and transferring funds between various company accounts to hide the embezzlement. In all there were more than 400 different fraudulent transactions over the five-year period. After an external audit uncovered the scheme, the audit revealed that ANDERSSON had also failed to forward company employee’s 401k payments to their retirement plans – a loss to the employees of more than $70,000. Those funds were later paid back by the company’s owner.
The embezzlement had a devastating impact on the company and its owner forcing him to layoff some employees, sell his home and draw on some of his retirement savings.
The financial investigation revealed that ANDERSSON used the funds for travel, to open a small coffee shop/café that ultimately failed, and for shopping sprees of as much as $2000 per day. ANDERSSON purchased and remodeled an expensive home and bought a boat and luxury car. He also paid to enroll in an online law school.
The case was investigated by the FBI. The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Statement by Attorney General Loretta E. Lynch on the Passing of Attorney General Janet RenoRead the Press Release
Attorney General Loretta E. Lynch today released the following statement on the passing of former Attorney General Janet Reno:
“With the passing of Janet Reno, the Department of Justice has lost one of the most effective, decisive and well-respected leaders in its proud history. From her years in state law enforcement to her long and eventful tenure as Attorney General, Janet Reno always strove, as she put it, to do her ‘level best.’ She led the department in a time of turmoil and change, confronting issues ranging from international and domestic terrorism to fair competition in the emerging technology sector. In meeting these challenges, she was guided by one simple test: to do what the law and the facts required. She accepted the results of that test regardless of which way the political winds were blowing. She never shied from criticism or shirked responsibility, earning her the affection of her subordinates, the respect of her critics, and the esteem of the American people. And of course, as the first woman to serve as attorney general, she was an inspiration and a trailblazer for so many women working in law enforcement and government -- including me. The United States is a stronger, safer and more just place because of Janet Reno’s leadership, and she will be dearly missed.”
Somerset County, New Jersey, Man Admits Role in Five Bank Robberies, One Attempted Bank RobberyRead the Press Release
NEWARK, N.J. – A Bound Brook, New Jersey, man today admitted robbing five banks and attempting to rob another between June 2014 and June 2015, U.S. Attorney Paul J. Fishman announced.
Luis Castaneda, 40, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to an information charging him with six counts of bank robbery and one count of brandishing a firearm in furtherance of one of the robberies.
According to documents filed in this case and statements made in court:
Castaneda admitted that between June 6, 2014 and June 12, 2015, he robbed or attempted to rob six banks, all in New Jersey:
Date
Financial Institution
Location
June 6, 2014
County Educators Federal Credit Union
Somerville
Dec. 3, 2014
Manville Area Federal Credit Union
Manville
March 19, 2015
Public Service Credit Union
Middlesex
May 9, 2015
Peapack-Gladstone Bank (Attempt)
Piscataway
May 9, 2015
Unity Bank
Whitehouse Station
June 12, 2015
Somerset Savings Bank
Somerset
Castaneda admitted that during each of the above robberies, he and others threatened to use force while demanding money from the bank employees. He also admitted that during the Somerset Savings Bank robbery on June 12, 2015, he brandished a firearm in order to intimidate one or more of the bank employees.
The bank robbery charges to which Castaneda pleaded guilty each carry a maximum penalty of 20 years in prison and a $250,000 fine. The charge of brandishing a firearm carries a mandatory minimum sentence of seven years to be served consecutively to any other sentence imposed. Sentencing is scheduled for Feb. 15, 2016.
U.S. Attorney Fishman credited special agents of the FBI Franklin Township Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s guilty plea. He also thanked the Somerset County Prosecutor’s Office, the Middlesex County Prosecutor’s Office, and the Hunterdon County Prosecutor’s Office, as well as the Somerville, Manville, Piscataway, Readington Township, Middlesex Borough, and Bound Brook police departments for their contributions to the case.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: John Azzarello Esq.
Six Men Charged in A Conspiracy with Stealing Cars and Loan Proceeds by Falsely Claiming Identity TheftRead the Press Release
Loss to area banks and auto dealers more than $1.2 Million
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr. today announced the indictment and arrests of six men all charged in a conspiracy that resulted in a loss of approximately $1.2 million to banks and car lenders. The twenty count indictment was unsealed on October 25, 2016 during a hearing before United States Magistrate Judge Dave Whalin. A jury trial is scheduled in Louisville before Senior Judge Charles R. Simpson III, on December 19, 2016 at 9:30 am.
Today, defendant Christopher Peplinski, 42, (formerly from Orion, Michigan), was arraigned before Magistrate Judge Colin H. Lindsay and remains on bond charged with conspiracy to commit mail fraud and money laundering. Defendants Jamesy Havens, 41, Ronald Lovell, 34, of Louisville, and Jasen Coon, 38, of Miami, were previously arraigned and remain in federal custody charged with conspiracy to commit mail fraud and money laundering. Defendants David Farnsworth, 50, and Danny Coslow Jr. of Louisville, face the same charges and remain on bond pending the December trial in Louisville.
According to the indictment, the defendants opened bank accounts in Louisville, Kentucky, Michigan, and Florida, under company names designed to appear as legitimate businesses and car dealerships, such as 24/7 Motors, FTD Motors, Auto Advantage Company, Gulf Coast Holdings, VMCD Corp., and VMD Direct Processing. Then, over a two-year period, beginning in June 2013, until June 2015, the defendants allegedly carried out several schemes to defraud banks and auto dealerships of more than $1.2 million.
These schemes included purchasing vehicles with no intention of repaying the loans by reporting the transactions were made by someone else who had stolen their identification; applying for and receiving loans from banks, then using fraudulent car purchase invoices from their “businesses” (previously listed) to give the impression that cars were being purchased - when instead - no car was purchased and the loan proceeds were deposited for their own personal use. Another alleged scheme involved the defendant’s obtaining multiple car loans for the same car to make it look as if the vehicle had been sold multiple times when in fact the defendants still possessed the car. Also, the defendants are charged with creating false documents to make it appear that bank liens on vehicles had been paid in full, when the liens had not been paid.
If convicted of the charges at trial, each defendant could be sentenced to no more than 20 years for conspiracy to commit mail fraud, no more than 10 years for each count of money laundering by engaging in monetary transactions over $10,000, and no more than 20 years per count of money laundering transactions designed to conceal the proceeds of fraud. In addition, defendant Havens is charged with a single count of identity theft which carries an additional sentence of no less than two years in prison. All defendants are subject to forfeiture of any property derived from the alleged offenses, could be required to pay fines, and could be ordered to serve a term of supervised release.
This case is being prosecuted by Assistant United States Attorney Joshua Judd. It is being investigated by the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigations, the Federal Bureau of Investigation, United States Secret Service and Louisville Metro Police Department.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
Sebring Resident Sentenced to Prison for Unlawfully Dealing Firearms on FacebookRead the Press Release
A Sebring resident was sentenced to federal prison, for dealing firearms without a license and making a false statement to a licensed firearms dealer.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Brandt Schenken, Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, made the announcement.
Bryan Grover Marley, 60, of Sebring, Florida, previously pled guilty to one count of dealing firearms without a license, in violation of Title 18, United States Code, Section 922(a)(1)(A); and one count of making a false statement to a firearms dealer, in violation of Title 18, United States Code, Section 922(a)(6). United States District Court Judge Robin L. Rosenberg sentenced Marley to one year and one day of imprisonment, to be followed by one year of supervised release. In addition, Marley agreed to forfeit 17 firearms that had been seized by ATF during the investigation.
According to filed documents and statements made in court, between July 2015 and April 2016, Marley advertised the sale of firearms through multiple Facebook postings. Marley did not have a federal firearms license and unlawfully sold over 170 firearms, including small handguns and AR-15 assault rifles. Marley acquired firearms from licensed firearms dealers and sold them for a profit to people who responded to his listings on Facebook. When Marley bought the firearms from a licensed dealer he falsely indicated on firearms transaction forms that he was the actual buyer, when in fact he was making the purchases on the behalf of his customers. On multiple occasions, Marley sold firearms to individuals who were prohibited from possessing firearms because they were either a convicted felon or had a prior conviction for domestic violence. Four prohibited persons have been indicted for unlawfully possessing the purchased firearms.
Mr. Ferrer commended the investigative efforts of ATF. The case was prosecuted by Assistant U.S. Attorney Daniel E. Funk.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
San Fernando Valley Man Who Admitted Murdering TSA Officer During 2013 Shooting Spree at LAX Sentenced to Life plus 60 YearsRead the Press Release
LOS ANGELES – A Sun Valley man who admitted a host of criminal charges related to a 2013 shooting spree at Los Angeles International Airport in which he murdered Transportation Security Administration Officer Gerardo Hernandez was sentenced today to spend the rest of his life in federal prison.
Paul Anthony Ciancia, 26, who pleaded guilty to first-degree murder in the fatal shooting of TSA Officer Hernandez on November 1, 2013, was sentenced by United States District Judge Philip S. Gutierrez.
Judge Gutierrez sentenced Ciancia to life in prison, plus an additional 60 years. There is no parole in the federal prison system.
“Today, justice was done on behalf of fallen TSA Officer Gerardo Hernandez, his wounded colleagues, and all those who were terrorized by the wanton violence perpetrated by this defendant,” said Attorney General Loretta E. Lynch. “This sentence reflects appropriate punishment for a heinous crime. It ensures that the defendant can never again harm or murder innocent Americans. And it sends a clear message that the Department of Justice will not tolerate calculated attacks on our nation’s law enforcement officers, and that those who do commit such crimes will be held accountable.”
“The crimes that led to today’s sentence were vicious, horrific and senseless,” said United States Attorney Eileen M. Decker. “After planning a mass murder, this defendant murdered a highly respected law enforcement officer, seriously wounded two other federal officers and a civilian, and terrified hundreds of people who feared for their lives. Those who target law enforcement and our nation’s critical infrastructure will be held accountable. As a result of today’s sentence, Mr. Ciancia will never again have a chance to harm other innocent people.”
According to court documents, in early 2013, Ciancia purchased a semiautomatic rifle, 500 rounds of ammunition and 10 magazines for the rifle. On the morning of November 1, 2013, Ciancia modified two pieces of luggage and zip-tied them together to conceal his loaded rifle.
Later that morning, Ciancia entered Terminal Three at LAX, removed the loaded rifle from his modified luggage and fired at and killed Officer Hernandez, who was checking passengers’ travel documents as part of his duties as a TSA Officer. Ciancia admitted that he then went upstairs to a TSA checkpoint, where he fired his weapon at TSA Officers Tony Leroy Grigsby and James Maurice Speer, as well at a civilian, Brian Ludmer. These three victims sustained serious injuries and required surgery, but they survived the attack.
“The defendant will spend the rest of his life behind bars for targeting airport officers with premeditated murder, but a just sentence cannot replace the loss of Officer Hernandez, nor remove the suffering of his victims, and his victims' families, friends and colleagues,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The collaborative efforts by first responders and investigators on the day of the shooting and thoughout this investigation are commendable and aided prosecutors in ensuring that Mr. Ciancia can never again pose a threat.”
“We are grateful to the FBI and the Department of Justice for their hard work in obtaining justice for Mr. Hernandez, his family, co-workers, and the men and women of DHS,” said Secretary Jeh C. Johnson of the Department of Homeland Security.
Appearing before Judge Gutierrez two months ago, Ciancia pleaded guilty to one count of murder of a federal officer; two counts of attempted murder of a federal officer; four counts of violence at an international airport; one count of discharging of a firearm during a crime of violence causing death; and three counts of discharging a firearm during a crime of violence.
During today’s sentencing hearing, Judge Gutierrez sentenced Ciancia to life in prison for the first-degree murder charge. Judge Gutierrez also imposed life sentences for the two additional charges based on the killing of Officer Hernandez – violence at an international airport that resulted in death and using a firearm to murder and cause death.
The additional 60-year prison term was imposed in relation to the three counts of using a firearm during a crime of violence.
This case is the product of an investigation by members of the Los Angeles Joint Terrorism Task Force (JTTF), which is led by the Federal Bureau of Investigation and includes agents and officers from 45 other local, state and federal agencies.
The following agencies provided considerable assistance during the investigation: the Los Angeles Airport Police; the Los Angeles Police Department; the Los Angeles County Sheriff's Department; the Transportation Security Administration; the Federal Air Marshal Service; the Los Angeles Port Police; the Long Beach Police Department; the Air Force Office of Special Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection; the United States Secret Service; the Los Angeles Fire Department; Los Angeles International Airport Operations; the United States Marshals Service; the United States Postal Inspection Service; and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
This case is being prosecuted by Assistant United States Attorney Patrick R. Fitzgerald, who is chief of the National Security Division; Assistant United States Attorneys Melissa Mills of the Terrorism and Export Crimes Section; Joanna M. Curtis of the Violent and Organized Crime Section; and DOJ Trial Attorney Michael S. Warbel of the Criminal Division’s Capital Case Section.
Pool Cue Maker Sentenced for Helping to Smuggle Elephant IvoryRead the Press Release
LOS ANGELES – A North Hollywood man was sentenced this morning on federal charges related to the attempted illegal exportation from the United States to Taiwan of protected African elephant ivory.
Cesar Ernesto Gutierrez, 75, was sentenced by United States District Judge John F. Walter to two years of probation, which will include four months of home confinement. Judge Walter ordered Gutierrez to immediately pay a criminal fine of $10,000.
Gutierrez pleaded guilty on August 29, 2016 to aiding and abetting the attempted smuggling of African elephant ivory.
According to court documents, Gutierrez is a well-known maker of custom pool cues who operates Ginacue in North Hollywood. Gutierrez manufactured and sold two Taiwanese nationals approximately 41 sections of custom pool cues containing inlays of protected elephant ivory. The two individuals Huang Ching Liu and Wen Shou Wei Chen were subsequently arrested at Los Angeles International Airport when agents with U.S. Customs and Border Protection and U.S. Fish and Wildlife Service discovered the pool cues in their luggage. Liu and Chen were indicted separately. The seized pool cues were purchased from Gutierrez for approximately $75,000 to $85,000.
“The protection of our endangered wildlife is an ongoing international concern, particularly with the devastating impact on African elephants caused by illegal ivory trafficking,” said United States Attorney Eileen M. Decker. “Illegal trafficking of any part of a protected species creates a demand that can lead to the extinction of these vulnerable populations.”
This case was investigated by the United States Fish and Wildlife Service, with assistance from United States Customs and Border Protection. The case was prosecuted by Assistant United States Attorney Amanda M. Bettinelli of the Environmental and Community Safety Crimes Section.
Ohio Man Arrested for Attempting to Provide Material Support to ISILRead the Press Release
Aaron Travis Daniels, aka Harun Muhammad, aka Abu Yusef, 20, of Columbus, Ohio, was arrested today for attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
The arrest was announced by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio, Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division and agencies participating in the Southern Ohio Joint Terrorism Task Force (JTTF).
JTTF agents arrested Daniels as he attempted to leave Columbus with an alleged eventual destination of Libya, for the purpose of joining ISIL. The criminal complaint against him also alleges that Daniels sent $250 in January 2016 to an ISIL operative and had communicated his commitment to violent overseas jihad.
The complaint alleges that Daniels set up email addresses and a social media account using aliases and expressed his interest in violent jihad and traveling overseas in various communications.
The complaint also alleges that Daniels wired money to an intermediary for Abu Isa Al-Amriki, a now-deceased ISIL member, recruiter and external attack planner. Daniels allegedly told an undercover FBI employee that he wanted to travel to Trinidad as the beginning of his trip to Libya, where Daniels said Al-Amriki had suggested he go to support jihad. On Nov. 5, Daniels bought an airline ticket to travel from Columbus to Houston, Texas, and on to Trinidad. The flight was scheduled to leave Columbus today.
JTTF officers arrested Daniels at the airport, before boarding his flight. Daniels appeared before U.S. Magistrate Judge Terence P. Kemp who ordered him held without bond.
If convicted of attempting to provide material support to a foreign terrorist organization, Daniels faces a maximum sentence of 20 years in prison. Congress prescribes the maximum potential sentences and it is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. A federal criminal complaint merely contains allegations and the defendant is presumed innocent unless proven guilty in a court of law.
The Southern Ohio JTTF is made up of officers and agents from the FBI, the U.S. Marshals Service, the Columbus Division of Police, Franklin County Sheriff’s Office, the Ohio State Highway Patrol, the Ohio State University Police Department, U.S. Immigrations and Customs Enforcement, the John Glenn International Airport Police Department, the Westerville Police Department and the Columbus Division of Fire.
Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the JTTF for its investigation of this case. The case is being prosecuted by Assistant U.S. Attorney Jessica W. Knight of the Southern District of Ohio, Special Assistant U.S. Attorney Joseph Gibson of the Franklin County Prosecutor’s office, and Trial Attorneys Michael Dittoe and Taryn M. Meeks of the National Security Division’s Counterterrorism Section.
Ocala Sex Trafficker Sentenced to 20 Years in PrisonRead the Press Release
GAINESVILLE, FLORIDA – Corey Lawayne Mosley, 40, of Ocala, has been sentenced to 20 years in prison for sex trafficking by coercion. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During his guilty plea, Mosley admitted that, between September 2010 and March 2012, he was involved in a sex trafficking scheme using a woman who was addicted to cocaine. Mosley transported the victim to various locations within the Northern District of Florida, including hotels and area truck stops, for commercial sex. Mosley coerced the victim both with physical violence and nonphysical means. He also provided her with cocaine and then forced her to pay for it by performing sex acts for money. Mosley collected the proceeds from the victim’s commercial sexual activity.
“Human trafficking is modern day slavery, and tragically, it occurs in the Northern District of Florida, as well as throughout the nation,” said United States Attorney Canova. “This horrific crime is often hidden in plain sight because traffickers use coercion tactics to keep their victims silent. I am proud of the hard work of all those who are fighting human trafficking, including prosecutors, law enforcement agencies, local coalitions, and community members.”
“Sex trafficking is a violation of its victims’ civil rights, and infringes upon the protected liberties guaranteed to all Americans,” said Charles P. Spencer, Special Agent in Charge of the FBI’s Jacksonville Division. “This type of illegal activity demonstrates a very real risk to our local communities, and stopping it remains one of the highest criminal investigative priorities for the FBI.”
“FDLE, along with our partners, will continue to aggressively investigate human trafficking cases,” said FDLE Jacksonville Special Agent in Charge Dennis Bustle. “These crimes have devastating impacts on their victims, and we must remain vigilant to identify and investigate these criminals.”
This case resulted from investigations by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Frank Williams.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]New Haven Man Sentenced to 11 Years in Federal Prison for Role in Fraudulent Oxycodone Prescription SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ALEJANDRINO DeJESUS, also known as “Baby Boo,” 38, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 132 months of imprisonment, followed by three years of supervised release, for his role in a scheme to obtain oxycodone through fraudulent prescriptions.
According to court documents and statements made in court, in 2012, members of the Drug Enforcement Administration’s New Haven Tactical Diversion Squad began an investigation into a drug trafficking organization that manufactured fraudulent prescriptions for oxycodone and distributed the drug in the greater New Haven area. As part of the conspiracy, members of organization obtained the personal identifying information of medical practitioners and used the information to create fraudulent prescriptions. Conspiracy members also purchased legitimate prescriptions for oxycodone from individuals. The organization then used individuals, or “runners,” to fill the fraudulent prescriptions at pharmacies throughout Connecticut. Once a runner provided his or her personal information to a member of the organization, the runner’s information was kept on file and used to create other fraudulent prescriptions.
The investigation revealed that, between February 2013 and September 2015, the organization stole the personal identifying information of more than 50 doctors and medical professionals and fraudulently obtained more than 80,000 oxycodone pills. Investigators identified more than 800 fraudulent prescriptions passed by members of the organization using more than 270 different “patient” names.
Nearly all of the runners employed by the conspiracy held state-sponsored medical insurance, so the costs of the prescriptions were billed to Medicaid. Members of the drug trafficking organization then sold the oxycodone for $20 to $30 per 30 milligram pill.
DeJESUS, Julian Cintron and David Thompson, all of New Haven, were key members of the organization who recruited and transported runners to fill fraudulent prescriptions. The investigation, which included controlled purchases of narcotics, revealed that DeJESUS distributed oxycodone, as well as heroin and cocaine.
A total of 11 individuals were charged as a result of the investigation.
DeJESUS has been detained since his arrest on September 10, 2015. On August 5, 2016, he pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute oxycodone.
Cintron and Thompson pleaded guilty and await sentencing.
DeJESUS’s criminal history includes multiple felony firearms-related convictions.
The DEA Tactical Diversion Squad includes members from the Bristol, Greenwich, Hamden, Milford, New Haven, Shelton, Vernon and Wilton Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Amy C. Brown and Robert M. Spector.
Mine Inspector Admits Falsifying Mine Safety Inspection ReportsRead the Press Release
DALLAS — A Eustace, Texas, man who worked as an inspector for the U.S. Department of Labor’s (DOL) Mine Safety and Health Administration (MSHA) appeared in federal court this morning and pleaded guilty before U.S. Magistrate Judge David L. Horan to a federal offense related to his purposefully falsifying mine safety inspection reports with the intent to deceive the MSHA, announced U.S. Attorney John Parker of the Northern District of Texas.
Nathan Edward Welch, 35, pleaded guilty to an Information charging one count of making a false statement in an official writing. He faces a maximum statutory penalty of one year in federal prison and a $100,000 fine. According to the plea agreement, Welch agrees to resign/retire from MSHA within five calendar days of the date he enters his plea, and he agrees to not seek any future employment with the U.S. government. Sentencing is set for March 8, 2017, before Judge Horan.
According to documents filed in his case, from approximately June to July 2016, Welch stated in a MSHA report that he had completed an onsite inspection from July 6, 2016, to July 11, 2016, for the Dead River Ranch Materials Riesel Sand and Gravel Plant when he knew he had not conducted any such inspection and had never traveled to or met any representative of the Dead River Ranch Materials Mining Operation for an inspection.
In addition, Welch falsified at least three other inspection reports that claimed he performed inspections on the following dates at the following locations:
July 12, 2016 Big Sandy Sand Company North Pit and Mining Operation
Hawkins, TexasJune 1, 2016 Cedar Creek Stone Mine
Groesbeck, TexasJune 23, 2016- Trinity Lightweight Expanded Shale and Clay Plant
June 30, 2016 Streetman, TexasIn completing these falsified inspection reports, Welch used previously completed reports to create the falsified reports and hand-copied the field notes for these four locations from inspection reports that had been completed earlier in the year.
The case is being investigated by the DOL Office of Inspector General (OIG). Assistant U.S. Attorney P.J. Meitl is in charge of the prosecution.
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Medical Device Maker Biocompatibles Pleads Guilty to Misbranding and Agrees to Pay $36 Million to Resolve Criminal Liability and False Claims Act AllegationsRead the Press Release
Pennsylvania-based medical device manufacturer Biocompatibles Inc., a subsidiary of BTG plc, pleaded guilty today to misbranding its embolic device LC Bead and will pay more than $36 million to resolve criminal and civil liability arising out of its illegal conduct, the Justice Department announced today. LC Bead is used to treat liver cancer, among other diseases.
Under the terms of the plea agreement before the U.S. District Court for the District of Columbia, Biocompatibles pleaded guilty to a misdemeanor charge in connection with the company’s misbranding of LC Bead, in violation of the Food, Drug and Cosmetic Act. LC Bead was cleared by the U.S. Food and Drug Administration (FDA) as an embolization device that can be placed in blood vessels to block or reduce blood flow to certain types of tumors and arteriovenous malformations. LC Bead has never been cleared or approved by FDA as a drug-device combination product or for use as a drug-delivery device or “drug-eluting” bead.
As part of the criminal resolution, Biocompatibles will pay an $8.75 million criminal fine for the misbranding of LC Bead and a criminal forfeiture of $2.25 million. The FDA sought assurances in 2004 that Biocompatibles would not use FDA clearance for the device for embolization to market the device for drug delivery, according to a statement of offense to which the company agreed. Biocompatibles told the FDA that “under no circumstance” would the company use the embolization clearance to market the device for drug delivery. However, two years later, Biocompatibles began marketing LC Bead for drug delivery through the company it hired to carry out its sales and distribution in the United States. According to the statement of offense, the distribution company told its sales representatives that LC Bead was “[a] drug-delivery device” and trained its sales representatives to “aggressively penetrate the chemoembolization market.” Sales representatives subsequently told health care providers that the device increased the level of chemotherapy delivered to a liver tumor and resulted in “better tumor response rates,” despite the lack of FDA clearance or approval for that use and despite the absence at that time of statistically significant evidence to support such claims.
“The FDA approval process serves an important role in ensuring that federal health care participants receive devices that are safe, effective and medically appropriate,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will not permit companies to circumvent that process and put profits over patient safety.”
“This company is being held criminally and civilly responsible for misbranding a medical device and marketing it for the treatment of seriously ill cancer patients,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “Working with the FDA and other law enforcement partners, we are committed to holding companies accountable for violating the integrity of the FDA approval process.”
In addition, Biocompatibles will pay $25 million to resolve civil allegations under the False Claims Act that the company caused false claims to be submitted to government healthcare programs for procedures in which LC Bead was loaded with chemotherapy drugs and used as a drug-delivery device. When LC Bead was combined with prescription drugs for use as a drug-eluting bead, it constituted a new combination drug-device product that was not approved or cleared by the FDA and not covered by Medicare and other federal health care programs. The federal share of the civil settlement is approximately $23.6 million, and the state Medicaid share of the civil settlement is approximately $1.4 million.
As part of the civil settlement, the government alleged that when LC Bead entered the U.S. market in 2005, Biocompatibles intended for LC Bead to be used as a drug-delivery device in combination with chemotherapy drugs, despite the lack of FDA approval as a drug-device combination product. In December 2009, Biocompatibles filed an application with FDA for approval of LC Bead as a drug-eluting bead combination product. However, FDA informed the company that it was not accepting the application because clinical studies did not provide adequate evidence of a therapeutic benefit. Nonetheless, Biocompatibles’ distributor routinely advised healthcare providers that LC Bead provided “better” or “superior” therapy for certain types of cancer when, in fact, there was insufficient clinical evidence to support these claims.
“The FDA plays a fundamental role in ensuring the safety and efficacy of medical devices and drugs in this country,” said U.S. Attorney Richard L. Durbin Jr. of the Western District of Texas. “The FDA approval process and clinical studies serve to ensure that patients receive devices that meet those standards. We will vigorously pursue those who ignore or seek to circumvent these important patient protections.”
“U.S. consumers rely on the FDA to ensure that there is a reasonable assurance of safety and effectiveness for the approved uses of medical devices,” said Director George M. Karavetsos of FDA Office of Criminal Investigations. “When manufacturers ignore FDA’s regulatory authority, they undermine these important assurances.”
The civil settlement with Biocompatibles resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in the Western District of Texas and is captioned United States ex rel. Ryan Bliss v. Biocompatibles, Inc., et al. As part of today’s resolution, Bliss will receive approximately $5.1 million from the civil settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement with Biocompatibles was the result of a coordinated effort among the U.S. Attorney’s Offices for the District of Columbia and the Western District of Texas, and the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel, HHS’ Office of Counsel to the Inspector General and the Department of Defense’s Defense Criminal Investigative Service. The criminal investigation was conducted by the FDA’s Office of Criminal Investigations.
Except for the conduct admitted in connection with the criminal plea, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information on the Commercial Litigation Branch’s Fraud Section, visit https://www.justice.gov/civil/fraud-section.
Medical Device Maker Biocompatibles Pleads Guilty to Misbranding and Agrees to Pay $36 Million to Resolve Criminal Liability and False Claims Act AllegationsRead the Press Release
WASHINGTON – Pennsylvania-based medical device manufacturer Biocompatibles Inc., a subsidiary of BTG plc, pleaded guilty today to misbranding its embolic device LC Bead and will pay more than $36 million to resolve criminal and civil liability arising out of its illegal conduct, the Justice Department announced today. LC Bead is used to treat liver cancer, among other diseases.
Under the terms of the plea agreement before the U.S. District Court for the District of Columbia, Biocompatibles pleaded guilty to a misdemeanor charge in connection with the company’s misbranding of LC Bead, in violation of the Food, Drug and Cosmetic Act. LC Bead was cleared by the U.S. Food and Drug Administration (FDA) as an embolization device that can be placed in blood vessels to block or reduce blood flow to certain types of tumors and arteriovenous malformations. LC Bead has never been cleared or approved by FDA as a drug-device combination product or for use as a drug-delivery device or “drug-eluting” bead.
As part of the criminal resolution, Biocompatibles will pay an $8.75 million criminal fine for the misbranding of LC Bead and a criminal forfeiture of $2.25 million. The FDA sought assurances in 2004 that Biocompatibles would not use FDA clearance for the device for embolization to market the device for drug delivery, according to a statement of offense to which the company agreed. Biocompatibles told the FDA that “under no circumstance” would the company use the embolization clearance to market the device for drug delivery. However, two years later, Biocompatibles began marketing LC Bead for drug delivery through the company it hired to carry out its sales and distribution in the United States. According to the statement of offense, the distribution company told its sales representatives that LC Bead was “[a] drug-delivery device” and trained its sales representatives to “aggressively penetrate the chemoembolization market.” Sales representatives subsequently told health care providers that the device increased the level of chemotherapy delivered to a liver tumor and resulted in “better tumor response rates,” despite the lack of FDA clearance or approval for that use and despite the absence at that time of statistically significant evidence to support such claims.
“The FDA approval process serves an important role in ensuring that federal health care participants receive devices that are safe, effective and medically appropriate,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will not permit companies to circumvent that process and put profits over patient safety.”
“This company is being held criminally and civilly responsible for misbranding a medical device and marketing it for the treatment of seriously ill cancer patients,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “Working with the FDA and other law enforcement partners, we are committed to holding companies accountable for violating the integrity of the FDA approval process.”
In addition, Biocompatibles will pay $25 million to resolve civil allegations under the False Claims Act that the company caused false claims to be submitted to government healthcare programs for procedures in which LC Bead was loaded with chemotherapy drugs and used as a drug-delivery device. When LC Bead was combined with prescription drugs for use as a drug-eluting bead, it constituted a new combination drug-device product that was not approved or cleared by the FDA and not covered by Medicare and other federal health care programs. The federal share of the civil settlement is approximately $23.6 million, and the state Medicaid share of the civil settlement is approximately $1.4 million.
As part of the civil settlement, the government alleged that when LC Bead entered the U.S. market in 2005, Biocompatibles intended for LC Bead to be used as a drug-delivery device in combination with chemotherapy drugs, despite the lack of FDA approval as a drug-device combination product. In December 2009, Biocompatibles filed an application with FDA for approval of LC Bead as a drug-eluting bead combination product. However, FDA informed the company that it was not accepting the application because clinical studies did not provide adequate evidence of a therapeutic benefit. Nonetheless, Biocompatibles’ distributor routinely advised healthcare providers that LC Bead provided “better” or “superior” therapy for certain types of cancer when, in fact, there was insufficient clinical evidence to support these claims.
“The FDA plays a fundamental role in ensuring the safety and efficacy of medical devices and drugs in this country,” said U.S. Attorney Richard L. Durbin Jr. of the Western District of Texas. “The FDA approval process and clinical studies serve to ensure that patients receive devices that meet those standards. We will vigorously pursue those who ignore or seek to circumvent these important patient protections.”
“U.S. consumers rely on the FDA to ensure that there is a reasonable assurance of safety and effectiveness for the approved uses of medical devices,” said Director George M. Karavetsos of FDA Office of Criminal Investigations. “When manufacturers ignore FDA’s regulatory authority, they undermine these important assurances.”
The civil settlement with Biocompatibles resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in the Western District of Texas and is captioned United States ex rel. Ryan Bliss v. Biocompatibles, Inc., et al. As part of today’s resolution, Bliss will receive approximately $5.1 million from the civil settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement with Biocompatibles was the result of a coordinated effort among the U.S. Attorney’s Offices for the District of Columbia and the Western District of Texas, and the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel, HHS’ Office of Counsel to the Inspector General and the Department of Defense’s Defense Criminal Investigative Service. The criminal investigation was conducted by the FDA’s Office of Criminal Investigations.
Except for the conduct admitted in connection with the criminal plea, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information on the Commercial Litigation Branch’s Fraud Section, visit https://www.justice.gov/civil/fraud-section.
Medford Man Pleads Guilty to Threatening the President of the United StatesRead the Press Release
MEDFORD, Ore. – On Monday, November 7, 2016, John Martin Roos, 62, of Medford, plead guilty in United States District Court to threatening to kill the President of the United States. In separate counts, Roos also pled guilty to threatening to shoot FBI agents and possession of an unregistered explosive device.
Roos admitted in court to using racially inflammatory language in a Twitter post in which he threatened to kill President Barack Obama. In a Facebook post, Roos threatened to “snipe” FBI agents “with hunting rifles.”
Roos was arrested last April while parking his truck outside a Veterans Administration (VA) facility in White City, Oregon. The arresting agent found a loaded semi-automatic pistol underneath the driver side floor mat. A search of Roos’ apartment uncovered more firearms and several pipe bombs.
Based on his guilty pleas, Roos faces up to ten years in federal prison. Sentencing is scheduled for March 16, 2017 before United States District Court Judge Michael McShane in Medford. Roos was ordered to remain in custody pending his sentencing.
This case was investigated by the FBI, VA Police Service, Oregon State Police, and Medford Police Department. The case is being prosecuted by William “Bud” Fitzgerald, Assistant United States Attorney for the District of Oregon
Meade County Kentucky, Convicted Sex Offender, on the Kentucky Sex Offender Registry, Guilty of Transporting and Possessing Child PornographyRead the Press Release
LOUISVILLE, Ky. – A Meade County, Kentucky, convicted sex offender, on the Kentucky Sex Offender Registry, pleaded guilty in United States District Court today, before District Judge David J. Hale, to charges of transporting and possessing child pornography announced United States Attorney John E. Kuhn, Jr.
Travis Tucker, 30, was charged by grand jury indictment on February 17, 2016. According to information in the plea agreement, Kentucky State Police received several Cybertip reports concerning uploading of child pornographic images (that is, images of children engaging in sexually explicit conduct), to a Google plus account from an email address of [email protected]. The uploads occurred on four separate occasions in October of 2014. Investigative efforts led to Tucker as the user of the email account used to upload the images.
Law enforcement officials executed a state search warrant on Tucker’s residence in Meade County, Kentucky, on January 14, 2015. During the search, they seized numerous digital items. Later, forensic review of the digital items revealed thousand so images of child pornography. The images had been acquired using the Internet.
Prior to October of 2014, Tucker had been convicted of a child pornography offense. He was on the Kentucky Sex Offender Registry at the time of the offenses in the Indictment.
At the time of sentencing, the United States has agreed to dismiss Count 1 of the indictment (transporting child pornography), and agree that a sentence of 15 years in prison followed by a lifetime of supervised release is appropriate. A sentencing date has not been scheduled.
This case is being prosecuted by Assistant United States Attorneys Jo Lawless and is being investigated by Kentucky State Police and the Federal Bureau of Investigation (FBI).
Maquoketa Man Pleads Guilty to Conspiring to Distribute Heroin and Fentanyl Analogue Resulting in Death and Serious Bodily InjuriesRead the Press Release
A man who conspired to distribute a mixture containing heroin and a drug called furanylfentanyl to one individual who died and two others who were seriously injured pled guilty today in federal court in Cedar Rapids.
Joshua Allen Manning, age 22, from Maquoketa, Iowa, was convicted of one count of conspiracy to distribute heroin and furanylfentanyl resulting in death and serious bodily injury.
At the plea hearing, Manning admitted he agreed to distribute the substances during March 2016. Manning admitted two individuals suffered serious bodily injury and another died after using the substances on March 3, 2016. Under federal law, drugs that are similar to substances listed in the controlled substance schedules are considered “controlled substance analogues,” and it is illegal to distribute them just as it is to distribute substances such as cocaine, heroin, and marijuana. Furanylfentanyl is a powerful synthetic opioid, and is an analogue of fentanyl.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Manning remains in custody of the United States Marshal pending sentencing. Manning faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime of supervised release following any imprisonment.
The case is being investigated by the Dubuque Drug Task Force, Maquoketa Police Department, and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Cedar Rapids Police Department; the Linn County Sheriff's Office; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement, and is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-01031-LTS.
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Manhattan United States Attorney Announces Superseding Indictment Charging Turkish and Iranian National with Conspiring to Evade U.S. Sanctions Against Iran and Other OffensesRead the Press Release
Mohammad Zarrab et al. S2 Indictment.pdf Preet Bharara, the United States Attorney for the Southern District of New York, announced today the filing of a superseding indictment charging MOHAMMAD ZARRAB, a/k/a “Can Sarraf,” a/k/a “Kartalsmd,” with using the U.S. financial system to conduct hundreds of millions of dollars’ worth of transactions on behalf of the Government of Iran and other Iranian entities, which were barred by United States sanctions; laundering funds in connection with those illegal transactions; and defrauding several financial institutions by concealing the true nature of these transactions. The superseding indictment further alleges that MOHAMMAD ZARRAB’s co-defendants – REZA ZARRAB, a/k/a “Riza Sarraf,” CAMELIA JAMSHIDY, a/k/a “Kamelia Jamshidy,” and HOSSEIN NAJAFZADEH, who previously were charged in this case with the same offenses – participated in financial transactions for the benefit of Mahan Air, an Iranian Airline sanctioned for providing services for the Iranian Qods Force and Hizballah. The case is assigned to United States District Judge Richard M. Berman.REZA ZARRAB was arrested on March 19, 2016, and is scheduled to begin trial on January 23, 2017, before Judge Berman. MOHAMMAD ZARRAB, JAMSHIDY, and NAJAFZADEH remain at large.
According to the allegations contained in the superseding indictment[1] filed today in Manhattan federal court:
Beginning in or about 1979, the president has repeatedly found that the situation in Iran constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and declared a national emergency to deal with the threat. Pursuant to these presidential declarations, the United States has instituted a host of economic sanctions against Iran and Iranian entities pursuant to the International Emergency Economic Powers Act (the “IEEPA”). This sanctions regime prohibits, among other things, financial transactions involving the United States or United States persons that were intended for the Government or Iran or Iranian entities.
Between at least in or about 2010 and in or about 2015, REZA ZARRAB, MOHAMMAD ZARRAB, JAMSHIDY, and NAJAFZADEH conspired to conduct international financial transactions on behalf of and for the benefit of, among others, Iranian business, the Iranian government, and entities owned or controlled by the Iranian government. Among the beneficiaries of the defendants’ scheme were:
- Mahan Air, an Iranian airline designated by the United States Department of the Treasury, Office of Foreign Assets Control (“OFAC”), as a Specially Designated National (“SDN”) pursuant to Executive Order 13224 for providing financial, material, and technological support to the Islamic Revolutionary Guard Corps-Qods Force (“IRGC-QF”), and providing transportation services to Hizballah, a Lebanon-based designated Foreign Terrorist Organization, including by transporting personnel, weapons and goods on behalf of Hizballah and omitting from Mahan Air cargo manifests secret weapons shipments bound for Hizballah;
- Bank Mellat, an Iranian government-owned bank designated as a SDN under the Iranian Transactions and Sanctions Regulations, the Iranian Financial Sanctions Regulations, and the Weapons of Mass Destruction Proliferators Sanctions Regulations; Mellat Exchange, an Iranian money services business owned and controlled by Bank Mellat;
- the National Iranian Oil Company (“NIOC”), identified by OFAC as an agent or affiliate of Iran’s Islamic Revolutionary Guard Corp; the Naftiran Intertrade Company Ltd., Naftiran Intertrade Company Sarl, and Hong Kong Intertrade Company, companies located in the United Kingdom, Switzerland, and Hong Kong that were acting on behalf of NIOC; and
- the MAPNA Group, an Iranian construction and power plant company.
REZA ZARRAB, MOHAMMAD ZARRAB, JAMSHIDY, NAJAFZADEH, and their co-conspirators used an international network of companies located in Iran, Turkey, the United Arab Emirates (“UAE”), and elsewhere to conceal from U.S. banks, OFAC, and others that the transactions were on behalf of and for the benefit of Iranian entities. This network of companies includes Royal Holding A.S., a holding company in Turkey; Durak Doviz Exchange, a money services business in Turkey; Flash Doviz Exchange, a money services business in Turkey; Al Nafees Exchange, a money services business in the UAE; Royal Emerald Investments, a company located in the UAE; Asi Kiymetli Madenler Turizm Otom, a company located in Turkey; ECB Kuyumculuk Ic Vedis Sanayi Ticaret Limited Sirketi, a company located in Turkey; Gunes General Trading LLC, a company located in the UAE; Hanedan General Trading LLC, a company in the UAE, and others. As a result of this scheme, the co-conspirators induced U.S. banks unknowingly to process international financial transactions in violation of the IEEPA.
Mahan Air provided transportation, funds transfers, and personnel travel services to the IRGC-QF, including by, among other things, providing travel services to IRGC-QF personnel flown to and from Iran and Syria for military training, aiding the covert travel of suspected IRGC-QF officers into and out of Iraq by bypassing normal security procedures, and facilitating IRGC-QF arms shipments. In addition, Mahan Air also provided services for Hizballah, transporting personnel, weapons, and goods on behalf of Hizballah. MOHAMMAD ZARRAB and his co-conspirators facilitated financial transactions through U.S. banking institutions that concealed that the transactions were for the benefit of Mahan Air. MOHAMMAD ZARRAB and his co-conspirators used their network of corporate entities in Turkey and UAE to conceal that Mahan Air was the true beneficiary of these transactions.
* * *
REZA ZARRAB, 33, is a resident of Turkey and dual citizen of Turkey and Iran. MOHAMMAD ZARRAB, 38, is REZA ZARRAB’s brother, and is a resident of Turkey and dual citizen of Turkey and Iran. JAMSHIDY, 29, is a resident of Turkey and dual citizen of Turkey and Iran. NAJAFZADEH, 65, is a resident of Iran and the UAE and a citizen of Iran. Each defendant is charged with conspiracies to defraud the United States, to violate the IEEPA, to commit bank fraud, and to commit money laundering. The conspiracy to defraud the United States count carries a maximum term of five years in prison. The conspiracy to violate the IEEPA and money laundering conspiracy counts each carry a maximum term of 20 years in prison. The bank fraud conspiracy count carries a maximum term of 30 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Bharara praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division, and the Department of Justice, National Security Division, Counterintelligence and Export Control Section.
The prosecution of this case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael D. Lockard, Sidhardha Kamaraju, and David Denton, and Special Assistant United States Attorney Dean Sovolos, are in charge of the prosecution, with assistance from Trial Attorney Elizabeth Cannon of the Counterintelligence and Export Control Section. Assistant United States Attorney Jaimie Nawaday is principally responsible for the forfeiture aspects of the case.
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the superseding indictment, and the description of the superseding indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation. This press release focuses on the allegations set forth in the superseding indictment that are new and were not previously alleged in prior indictments in this case.
Mammoth Lakes Doctor Sentenced to Probation for Removing Archeological ResourcesRead the Press Release
FRESNO, Calif. — Jonathan Cornelius Bourne, 59, of Mammoth Lakes, was sentenced Monday to two years of probation, a $40,000 fine, and $249,372 in restitution for felony violations of the Archeological Resources Protection Act, Acting U.S. Attorney Phillip A. Talbert announced. Additionally, Bourne is banned from entering federal public lands for recreational purposes while on probation.
On August 15, 2016, Bourne pleaded guilty to unauthorized transportation of archeological resources and unauthorized excavation, removal, damage, or defacement of archeological resources. According to court documents, Bourne had been collecting artifacts and archeological resources since 1994. He documented each item and has voluntarily turned over to the government an estimated 20,000 archeological items that he had collected from public lands.
According to the plea agreement, on October 14, 2010, Bourne altered a small prehistoric site, cremation site, and burial cairns in the Humboldt-Toiyabe National Forest in Nevada. He removed glass trade beads and transported them to his home in Mammoth Lakes. On January 10, 2011, Bourne altered a large prehistoric site in Death Valley National Park and removed a tool made from a bighorn sheep horn and three incised stone tablets, which were later found in Bourne’s home.
In sentencing Bourne, U.S. District Judge Lawrence J. O’Neill stated that the damage caused by Bourne could not be undone no matter what sentence was imposed. He further stated that this case highlighted the importance of educating others as to the significance of the sacred Native American cultural resources and the protection of the Native American cultural sites.
Death Valley National Park Superintendent Mike Reynolds said, “Death Valley is the homeland of the Timbisha Shoshone Tribe. Dr. Bourne didn't just steal their heritage; he stole from all Americans when he removed these artifacts from the park. I'm relieved that he has been sentenced and is paying restitution to help us curate the artifacts. I hope this will help deter other people from desecrating important cultural resources that help tell our nation's history. However, we've permanently lost information that could have been learned if the artifacts had never been moved.”
This case was the product of an investigation by the United States Forest Service, the National Park Service, and the Bureau of Land Management. Assistant United States Attorney Laurel J. Montoya prosecuted the case.
Long Beach Lobbyist Who Admitted Failing to Report Taxable Income from Illegal Marijuana Stores Sentenced to Year and a Day in PrisonRead the Press Release
LOS ANGELES – A Long Beach-based lobbyist, whose clients included illegal marijuana stores in Long Beach, was sentenced today to one year and one day in federal prison for failing to report to the IRS more than $750,000 in income he received over a six-year period.
Carl A. Kemp, 43, of Long Beach, the owner of the public relations firm and a one-time candidate for the Long Beach City Council, was sentenced by United States District Judge Philip S. Gutierrez, who also ordered the defendant to pay $210,661 in restitution to the Internal Revenue Service to cover his back taxes.
Kemp pleaded guilty in July to subscribing to a false tax return for the year 2012. On his federal tax return for that year, Kemp reported that he had no taxable income, when his business took in approximately $180,000.
“For years, this defendant engaged in criminal conduct designed to conceal his receipt of three-quarters of a million dollars – much of which was cash paid by illegal marijuana businesses,” said United States Attorney Eileen M. Decker. “Failure to fully report income on federal tax returns is a felony offense that can bring prison as well as significant monetary penalties.”
In a plea agreement filed in court, Kemp admitted receiving a total of $754,783 in income that he failed to report on his taxes for the years 2007 through 2012.
“For six consecutive years, Mr. Kemp, a well-educated professional with a successful business, elected to circumvent the law and cheat on his taxes,” stated Acting Special Agent in Charge for IRS Criminal Investigation, Anthony J. Orlando. “As the punishment handed down today reflects, no matter what your career or circle of influence, all of us are obligated to comply with our nation’s tax laws.”
The case against Kemp was investigated by IRS Criminal Investigation and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Ruth C. Pinkel of the Public Corruption and Civil Rights Section.
Las Vegas Man Sentenced to Nearly Six Years in Prison for Possession of Child PornographyRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man was sentenced today by U.S. District Judge James C. Mahan to serve 70 months in prison and a lifetime of supervised release following his guilty plea for receiving child pornography, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
“The sexual abuse of young victims is deplorable and they are re-victimized each time an image or video file is shared. We are committed to protecting the most vulnerable in our communities,” said U.S. Attorney Bogden. “The defendant is required under the Sex Offender Registration and Notification Act (SORNA) to register as a sex offender and to keep his registration current where he resides, is an employee or a student.”
Shane Richard Gordon, 36, pleaded guilty on Aug. 5, 2016, to one count of receiving child pornography.
According to court records, on June 1, 2014, a Special Agent for the U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE-HSI) launched a file sharing program that permitted access to the BitTorrent peer-to-peer network and identified a computer offering files known to be associated with child pornography images and videos for sharing purposes. The ICE-HSI Special Agent downloaded 50 image files and one video file containing child pornography. On July 31, 2014, law enforcement executed a search warrant on Gordon’s residence. Forensic evaluation of the seized digital items revealed child pornography. During an interview, Gordon admitted to downloading and receiving child pornography.
The case was investigated by ICE-HSI, and prosecuted by Assistant U.S. Attorneys Lisa Cartier-Giroux and Elham Roohani.
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 U.S. 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 and for information about internet safety education, please visit www.justice.gov/psc.
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LRGP Member Sentenced on Rico and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Gregory Scott, 33, of Buffalo, NY, who was convicted of RICO conspiracy and conspiracy to possess with intent to distribute and to distribute 28 grams or more of crack cocaine, was sentenced to 92 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, stated that Scott assisted his cousin Dewayne Gray and other members of the LRGP Gang in dealing crack cocaine within the gang’s territory in the streets surrounding the Broadway Market area. The LRGP Gang, in addition to cocaine distribution, also engaged in multiple acts a violence to protect their territory, including numerous shootings and murders as part of the racketeering activity.
Scott is one of 19 defendants, including Dewayne Gray, convicted in this case.
The sentencing is the result of an investigation by: the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan M. Benedict, New York Field Office and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Kern County Man Sentenced to 15 Years in Prison for Receipt and Distribution of Child Pornography Relating to Online Sextortion SchemeRead the Press Release
FRESNO, Calif. — An Arvin man was sentenced today to 15 years in prison for child pornography offenses related to the online sextortion of female minors, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California.
Brian Caputo, 27, pleaded guilty to receipt and distribution of child pornography on May 16, 2016. U.S. District Judge Lawrence J. O'Neill sentenced Caputo and also ordered him to serve 15 years of supervised release.
According to admissions made in connection with his guilty plea, between December 2008 and February 2014, Caputo received on his cell phone and by email at least one image of a minor engaging in sexually explicit conduct and distributed one or more of such images to another minor in order to coerce the minor to produce additional child pornography.
The FBI investigated the case with assistance from the El Paso Police Department and the FBI’s Violent Crimes Against Children Task Force. Assistant U.S. Attorney Michael Tierney and former Trial Attorney Maureen C. Cain of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Justice Department to Monitor Polls in Shelby County on Election DayRead the Press Release
Memphis, TN – The Justice Department announced today that it will monitor the election on Tuesday, November 8, 2016, in Shelby County, Tennessee, to ensure compliance with the Voting Rights Act and other federal voting rights statutes. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Department personnel will monitor polling place activities. A Civil Rights Division attorney will coordinate federal activities and maintain contact with local election officials.
To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Civil Rights Division at 1-800-253-3931. In addition, individuals may also report such complaints by fax to 202-307-3961, by email to [email protected] and via complaint form on the Department’s website: www.justice.gov/crt/votercomplaint.
Visit www.usdoj.gov/crt/voting for more information about the Voting Rights Act and other federal voting laws.
Justice Department to Monitor Polls in 28 States on Election DayRead the Press Release
The Justice Department announced today that its Civil Rights Division plans to deploy more than 500 personnel to 67 jurisdictions in 28 states for the Nov. 8, 2016, general election.
Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day. Since the passage of the Voting Rights Act of 1965, the department has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters.
“The bedrock of our democracy is the right to vote, and the Department of Justice works tirelessly to uphold that right not only on Election Day, but every day,” said Attorney General Loretta E. Lynch. “We enforce federal statutes related to voting through a range of activities – including filing our own litigation when the facts warrant, submitting statements of interest in private lawsuits to help explain our understanding of these laws, and providing guidance to election officials and the general public about what these laws mean and what they require. On Election Day itself, lawyers in the Civil Rights Division’s Voting Section will staff a hotline starting in the early hours of the morning, and just as we have sent election monitors in prior elections, we will continue to have a robust election monitors program in place on election day. As always, our personnel will perform these duties impartially, with one goal in mind: to see to it that every eligible voter can participate in our elections to the full extent that federal law provides. The department is deeply committed to the fair and unbiased application of our voting rights laws and we will work tirelessly to ensure that every eligible person that wants to do so is able to cast a ballot.”
Leading up to and throughout Election Day, Civil Rights Division staff members will be available by telephone to receive complaints related to possible violations of the federal voting rights laws (Toll free at 1-800-253-3931 or 202-307-2767 or TTY 202-305-0082). In addition, individuals may also report such complaints by fax to 202-307-3961, by email to [email protected] and by a complaint form on the department’s website: www.justice.gov/crt/votercomplaint.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section. Complaints may be directed to any of the local U.S. Attorneys’ Offices, the local FBI offices or the Public Integrity Section at 202-514-1412. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
As always, complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. They should also be reported to the department after local authorities have been contacted.
On Election Day, the Civil Rights Division will monitor the election on the ground in 67 jurisdictions for compliance with the federal voting rights laws:
- Bethel Census Area, Alaska;
- Dillingham Census Area, Alaska;
- Kusilvak Census Area, Alaska;
- Yukon-Koyukuk Census Area, Alaska;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Alameda County, California;
- Napa County, California;
- Siskiyou County, California;
- East Hartford, Connecticut;
- Farmington, Connecticut;
- Hartford, Connecticut;
- Middletown, Connecticut;
- New Britain, Connecticut;
- Newington, Connecticut;
- West Hartford, Connecticut;
- Hillsborough County, Florida;
- Lee County, Florida;
- Miami-Dade County, Florida;
- Orange County, Florida;
- Palm Beach County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- Hancock County, Georgia;
- Chicago, Illinois;
- Cook County, Illinois;
- Finney County, Kansas;
- Orleans Parish, Louisiana;
- Quincy, Massachusetts;
- Dearborn Heights, Michigan;
- Detroit, Michigan;
- Hamtramck, Michigan;
- St. Louis, Missouri;
- Douglas County, Nebraska;
- Mineral County, Nevada;
- Washoe County, Nevada;
- Middlesex County, New Jersey;
- Cibola County, New Mexico;
- Kings County, New York;
- Orange County, New York;
- Queens County, New York;
- Cumberland County, North Carolina;
- Forsyth County, North Carolina;
- Mecklenburg County, North Carolina;
- Robeson County, North Carolina;
- Wake County, North Carolina;
- Benson County, North Dakota;
- Rolette County, North Dakota;
- Cuyahoga County, Ohio;
- Franklin County, Ohio;
- Hamilton County, Ohio;
- Allegheny County, Pennsylvania;
- Lehigh County, Pennsylvania;
- Philadelphia County, Pennsylvania;
- Pawtucket, Rhode Island;
- Providence, Rhode Island;
- Bennett County, South Dakota;
- Jackson County, South Dakota;
- Oglala Lakota County, South Dakota;
- Shelby County, Tennessee;
- Dallas County, Texas;
- Harris County, Texas;
- Waller County, Texas;
- San Juan County, Utah;
- Fairfax County, Virginia;
- Prince William County, Virginia, and
- Milwaukee, Wisconsin.
The department will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability or is unable to read or write; whether jurisdictions provide polling locations and voting systems allowing voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. To assist in these inquiries, the department has deployed personnel who speak Spanish and a variety of Asian and Native American languages. Department personnel will also maintain contact with local election officials.
Last month, the Justice Department announced efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process. More information about the Voting Rights Act and other federal voting rights laws is available on the Civil Rights Division’s website at www.justice.gov/crt/voting-section.
Justice Department to Monitor Polls in 28 States on Election DayRead the Press Release
Contact Person: Public Affairs Office (202) 514-2007
WASHINGTON – The Justice Department announced today that its Civil Rights Division plans to deploy more than 500 personnel to 67 jurisdictions in 28 states for the Nov. 8, 2016, general election.
Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day. Since the passage of the Voting Rights Act of 1965, the department has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters.
“The bedrock of our democracy is the right to vote, and the Department of Justice works tirelessly to uphold that right not only on Election Day, but every day,” said Attorney General Loretta E. Lynch. “We enforce federal statutes related to voting through a range of activities – including filing our own litigation when the facts warrant, submitting statements of interest in private lawsuits to help explain our understanding of these laws, and providing guidance to election officials and the general public about what these laws mean and what they require. On Election Day itself, lawyers in the Civil Rights Division’s Voting Section will staff a hotline starting in the early hours of the morning, and just as we have sent election monitors in prior elections, we will continue to have a robust election monitors program in place on election day. As always, our personnel will perform these duties impartially, with one goal in mind: to see to it that every eligible voter can participate in our elections to the full extent that federal law provides. The department is deeply committed to the fair and unbiased application of our voting rights laws and we will work tirelessly to ensure that every eligible person that wants to do so is able to cast a ballot.”
Leading up to and throughout Election Day, Civil Rights Division staff members will be available by telephone to receive complaints related to possible violations of the federal voting rights laws (Toll free at 1-800-253-3931 or 202-307-2767 or TTY 202-305-0082). In addition, individuals may also report such complaints by fax to 202-307-3961, by email to [email protected] and by a complaint form on the department’s website: www.justice.gov/crt/votercomplaint.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section. Complaints may be directed to any of the local U.S. Attorneys’ Offices, the local FBI offices or the Public Integrity Section at 202-514-1412. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
As always, complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. They should also be reported to the department after local authorities have been contacted.
On Election Day, the Civil Rights Division will monitor the election on the ground in 67 jurisdictions for compliance with the federal voting rights laws:
- Bethel Census Area, Alaska;
- Dillingham Census Area, Alaska;
- Kusilvak Census Area, Alaska;
- Yukon-Koyukuk Census Area, Alaska;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Alameda County, California;
- Napa County, California;
- Siskiyou County, California;
- East Hartford, Connecticut;
- Farmington, Connecticut;
- Hartford, Connecticut;
- Middletown, Connecticut;
- New Britain, Connecticut;
- Newington, Connecticut;
- West Hartford, Connecticut;
- Hillsborough County, Florida;
- Lee County, Florida;
- Miami-Dade County, Florida;
- Orange County, Florida;
- Palm Beach County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- Hancock County, Georgia;
- Chicago, Illinois;
- Cook County, Illinois;
- Finney County, Kansas;
- Orleans Parish, Louisiana;
- Quincy, Massachusetts;
- Dearborn Heights, Michigan;
- Detroit, Michigan;
- Hamtramck, Michigan;
- St. Louis, Missouri;
- Douglas County, Nebraska;
- Mineral County, Nevada;
- Washoe County, Nevada;
- Middlesex County, New Jersey;
- Cibola County, New Mexico;
- Kings County, New York;
- Orange County, New York;
- Queens County, New York;
- Cumberland County, North Carolina;
- Forsyth County, North Carolina;
- Mecklenburg County, North Carolina;
- Robeson County, North Carolina;
- Wake County, North Carolina;
- Benson County, North Dakota;
- Rolette County, North Dakota;
- Cuyahoga County, Ohio;
- Franklin County, Ohio;
- Hamilton County, Ohio;
- Allegheny County, Pennsylvania;
- Lehigh County, Pennsylvania;
- Philadelphia County, Pennsylvania;
- Pawtucket, Rhode Island;
- Providence, Rhode Island;
- Bennett County, South Dakota;
- Jackson County, South Dakota;
- Oglala Lakota County, South Dakota;
- Shelby County, Tennessee;
- Dallas County, Texas;
- Harris County, Texas;
- Waller County, Texas;
- San Juan County, Utah;
- Fairfax County, Virginia;
- Prince William County, Virginia, and
- Milwaukee, Wisconsin.
The department will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability or is unable to read or write; whether jurisdictions provide polling locations and voting systems allowing voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. To assist in these inquiries, the department has deployed personnel who speak Spanish and a variety of Asian and Native American languages. Department personnel will also maintain contact with local election officials.
Last month, the Justice Department announced efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process. More information about the Voting Rights Act and other federal voting rights laws is available on the Civil Rights Division’s website at www.justice.gov/crt/voting-section.
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DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Justice Department Files Brief to Address Automatic Suspensions of Driver’s Licenses for Failure to Pay Court DebtRead the Press Release
The Justice Department filed a statement of interest today in the U.S. District Court for the Western District of Virginia addressing the constitutionality of state policies that automatically suspend the driver’s licenses of those who fail to pay court fines or fees. The statement of interest was filed in Stinnie et al. v. Holcomb, a class action brought by four individuals whose driver’s licenses were suspended because they could not afford to pay fines, fees and costs assessed by Virginia courts.
The statement of interest advances the United States’ position that suspending a driver’s license is unconstitutional if it is done without providing due process and without assessing whether the individual’s failure to pay was willful or the result of an inability to pay. As the Supreme Court has affirmed, the Constitution prohibits punishing a person because of his or her poverty. The United States’ brief explains that the defendant’s alleged “practice of automatically suspending the driver’s license of any person who fails to pay outstanding court debt—without inquiring into ability to pay—violates that constitutional principle.” Without taking into account an individual’s ability to pay, the practice results in indigent defendants having their driver’s licenses suspended because they cannot afford fines and fees, while defendants who can afford to pay do not. The brief argues that, if the facts as alleged by plaintiffs are true, such practice violates the due process and equal protection clauses of the 14th Amendment.
In Stinnie v. Holcomb, the plaintiffs allege that their driver’s licenses were indefinitely suspended because they did not pay court fines and costs that they could not afford. They further allege that 900,000 people in Virginia, or one in six drivers, have had their licenses suspended for failure to pay court debt. The department’s statement of interest in this case rests on a fundamental principle, developed in a long line of Supreme Court cases, “that conditioning access or outcomes in the justice system solely on a person’s ability to pay violates the Fourteenth Amendment.” The brief also explains that a driver’s license is a constitutionally protected interest under clear Supreme Court precedent and that it cannot be suspended under the circumstances permitted in Virginia without adequate notice and a meaningful opportunity to be heard first.
“People depend on driver’s licenses to get to work, access health care and provide for their families – and so when their license is suspended for reasons that do not relate to public safety, it unnecessarily disrupts lives and harms communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “This brief advances the department’s robust efforts to prevent unlawful practices that punish poverty at every stage of the justice system and that trap vulnerable residents in cycles of debt from court fines and fees.”
“The Constitution prohibits punishing a person for their poverty,” said Director Lisa Foster of the Office for Access to Justice. “Yet suspending a person’s driver’s license when they are unable to pay court debt does just that. And it’s also counterproductive. How can a person pay their fines and fees if they lose their job because they can’t drive to work?”
“Driver’s licenses permit individuals to work and contribute to society in positive ways,” said U.S. Attorney John P. Fishwick Jr. of the Western District of Virginia. “It makes no sense to suspend this privilege because a person is poor.”
In recent years, the department has taken several steps to address the unequal treatment of the poor in the justice system. In March 2015, the Civil Rights Division addressed a range of harmful practices in the enforcement of fines and fees, including the suspension of driver’s licenses to coerce payment, in its investigation of Ferguson, Missouri. In March 2016, the division and the Office for Access to Justice sent a Dear Colleague Letter to state courts clarifying the constitutional limits on coercing payment of court debt, including through license suspensions.
Plaintiffs in Stinnie v. Holcomb filed their complaint in federal court in July. The defendant is the commissioner of the Virginia Department of Motor Vehicles. In October, the state’s Office of the Attorney General filed a motion to dismiss the case. In its filing, the United States does not take a position on the factual accuracy of the plaintiffs’ claims, but instead addresses the appropriate legal framework for analyzing their claims.
Jefferson Parish Man Charged with Conspiracy to Commit Financial Aid FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BOBBY R. LOWE, age 66, a resident of Harvey, was charged today in a Bill of Information with one count of conspiracy to commit mail fraud.
According to the Bill of Information, LOWE owned and operated a printing company in Harvey. In early 2013, LOWE conspired with student applicants to produce fraudulent high school transcripts and diplomas, as well as fraudulent GED certificates and transcripts, which were sent to the Office of Admissions at Delgado Community College in New Orleans. LOWE also provided his co-conspirators with envelopes with return addresses for the Department of Education and the Louisiana Community & Technical College System in Baton Rouge. LOWE instructed his co-conspirators to mail the documents from Baton Rouge, so the documents would look more legitimate. The purpose of the scheme was to obtain federal financial aid from the United States Department of Education and Delgado Community College.
If convicted, LOWE faces up to five years imprisonment and/or a fine of $250,000. LOWE also faces three years of supervised release following any term of imprisonment, and a $100 special assessment fee.
U.S. Attorney Polite reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the United States Department of Education, Office of Inspector General and the United States Secret Service for investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
Independent Producer Sentenced to 18 Months in Prison for Stealing Money Generated by Film that Should Have Gone to Partner CompanyRead the Press Release
LOS ANGELES – An independent film producer was sentenced today to 18 months in federal prison for interstate transportation of stolen property related to the theft of nearly $1.5 million that should have gone to his partner in a film production deal.
Julio Caro, 57, of Calabasas, was sentenced today by United States District Judge George H. King for transporting money to New Jersey that had been stolen from an investment company called Yucaipa Corporate Initiatives Fund I, LP.
When he pleaded guilty, Caro admitted that he stole $1,487,529 from Yucaipa over the course of five years
“This defendant stole nearly $1.5 million from a trusted business partner,” said United States Attorney Eileen M. Decker. “He then furthered his criminal activity by moving the money across the country, making it more difficult for the partner to recoup its losses.”
Caro used his company, Broken Rose Productions, Inc., to enter into a limited liability agreement with Yucaipa in early 2005. The resulting LLC, which was called R-Caro Productions, LLC produced several films, including “Homie Spumoni,” which was distributed by Warner Brothers Entertainment. When Warner Brothers sent distribution proceeds to R-Caro, the money should have gone to Yucaipa, which had provided much of the financing for the film. Instead, “Caro stole these funds and used these funds to pay for his personal expenses, including, but not limited to, his mortgage and car lease payments,” according to the court documents.
The case against Caro was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Poonam G. Kumar of the Major Frauds Section.
INTERPOL Washington Attends General Assembly Opening CeremonyRead the Press Release
INTERPOL Washington USNCB representatives attend opening ceremony for 85th INTERPOL General Assembly in Bali, Indonesia.Representatives from INTERPOL Washington--the U.S. National Central Bureau (USNCB)--attend the opening ceremony for the 85th INTERPOL General Assembly (GA). The GA meets November 7th through 10th in Bali, Indonesia. The GA is composed of delegates appointed by the governments of INTERPOL member countries. As INTERPOL's supreme governing body, it meets once a year and makes all the major decisions affecting general policy, the resources needed for international cooperation, working methods, finances and programs of activities. It also elects the Organization's Executive Committee. Generally speaking, the GA makes decisions by a simple majority in the form of resolutions. Each member country represented has one vote.
As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States. A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security.
Huntington woman sentenced to five years in federal prison for heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman was sentenced today to five years in federal prison for a heroin crime, announced United States Attorney Carol Casto. Jessica Dawn Prince, 30, previously pleaded guilty to distribution of heroin.
Prince admitted that on October 19, 2015, she sold heroin to a confidential informant working with law enforcement. The drug deal took place in Prince’s residence at 5400 Altizer Avenue in Huntington. Following her arrest for the October 2015 controlled buy, law enforcement discovered that Prince was in possession of additional heroin for distribution. Prince was ultimately found to be responsible for selling over 600 grams of heroin in the Huntington area.
The Drug Unit of the Cabell County Sheriff’s Office conducted the investigation. Assistant United States Attorney Gregory McVey is responsible for the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution was 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
Huntington man sixth to plead guilty for role in drug ringRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who participated in a multistate drug ring pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Roy Bills, 51, entered his guilty plea to conspiracy to distribute marijuana.
Between the summer of 2014 and May of 2016, Bills conspired with multiple individuals, including codefendants Corey Bruce Toney and Parker Wyatt Mays, to distribute marijuana in the Huntington area. Toney and Mays frequently acquired marijuana from a source in California and arranged for the marijuana to be shipped by courier or transported to Huntington. Bills traveled to California on at least two occasions to transport marijuana to Huntington as part of the conspiracy. He admitted that in October 2015 he transported 100 pounds of marijuana and in March 2016 he transported 80 pounds of marijuana. After arriving in Huntington with the drugs, Bills further admitted that he provided the marijuana to Toney for Toney and others to distribute.
Bills faces up to 5 years in federal prison when he is sentenced on February 6, 2017.
These prosecutions arose out of a comprehensive investigation led by the Drug Enforcement Administration, with assistance from the West Virginia State Police, the Putnam County Sheriff’s Department, the Huntington Police Department, the Huntington FBI Drug Task Force, the Ohio Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service, which resulted in charging 12 defendants for offenses related to the distribution of heroin, crack, marijuana, and alprazolam in Huntington.
Five defendants have previously pleaded guilty for their roles in this drug ring. Matthew Michael Meadows, Arthur James Canada, Tanisha Lynette Wooding, Mays, and Toney have all pleaded guilty to various federal drug charges and are awaiting sentencing. All of the other defendants charged in the prosecution of this drug ring are presumed innocent unless and until proven guilty in a court of law.
Assistant United States Attorney Joseph F. Adams is in charge of these prosecutions. Chief United States District Judge Robert C. Chambers is presiding over these cases.
These prosecutions are part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Hobbs Woman Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Karen Diaz, 42, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for her methamphetamine trafficking conviction.
Diaz was arrested in Oct. 2015, on a criminal complaint charging her with possession of methamphetamine with intent to distribute. According to the complaint, on Sept. 15, 2015, in Lea County, N.M., law enforcement officers executed search warrants on Diaz’s residence and vehicle, and seized approximately 552 grams of methamphetamine and two firearms.
On Feb. 12, 2016, Diaz pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Diaz admitted that on Sept. 15, 2015, law enforcement agents who were executing a search warrant at her residence, located methamphetamine on her person, in her purse and inside her residence. Diaz further admitted that she planned to distribute the methamphetamine.
This case was investigated by the Lea County Drug Task Force and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Forty-four Undocumented Immigrants Found in North Park Stash House; Resident Charged with Harboring ThemRead the Press Release
Assistant U. S. Attorney Mark Conover (619) 546-6763
NEWS RELEASE SUMMARY – November 7, 2016
SAN DIEGO – North Park resident Dania Olivero was arrested and charged yesterday with harboring and hiding 44 undocumented immigrants, some of whom reported that they were locked in a small backyard shed with dozens of others - without light, ventilation or a bathroom.
According to a complaint filed in federal court, the San Diego Police Department received calls from neighbors who were concerned about two vehicles dropping off multiple individuals who then nervously and hurriedly entered the home in the 4900 block of University Avenue in North Park.
When police arrived to investigate, defendant Olivero told officers that she had invited the people over to drink beer. Officers found people who appeared to be nervous, not drinking unopened beer in front of them. Some of the people ran to the back yard when they saw the officers.
Police suspected the people were undocumented immigrants and asked the U.S. Border Patrol for assistance. When Border Patrol officers questioned the people in the house, all but two identified themselves as Mexican nationals without legal status in the U.S.; the other two said they citizens of Guatemala without legal status in the U.S. All were taken into custody.
Seven remained in custody as material witnesses; the remainder are in the custody of immigration authorities pending immigration proceedings.
DEFENDANT Case Number 16mj3460
Dania Olivero Age: 51 Cuba
SUMMARY OF CHARGES
Harboring and Concealing – Title 18, U.S.C., Section 1324(a)(1)(A)(iii)
Maximum penalty: 10 years in prison and $500,000 fine
INVESTIGATING AGENCIES
U.S. Border Patrol
San Diego Police Department
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Former Weston Man Pleads Guilty to $2.25 Million Internet Steroids DistributionRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former Weston, Mo., man pleaded guilty in federal court today to leading a $2.25 million conspiracy to sell anabolic steroids over the Internet.
Aaron Vincent Schweidler, 32, of Smithfield, N.C., formerly of Weston, pleaded guilty before U.S. Chief District Judge Greg Kays to participating in a conspiracy to manufacture and distribute anabolic steroids and to a conspiracy to commit money laundering.
By pleading guilty today, Schweidler admitted that he and co-conspirators operated an Internet-based company, Power Trip, which sold various anabolic steroids to customers (including athletes and minors) throughout the United States.
Co-defendants Nicole R. Lyne, 26, also of Smithfield, N.C., and formerly of Weston; Michael G. Peters, 27, of Pelham, N.H.; and Samuel C. Miller IV, 30, of Annapolis, Md., have also pleaded guilty.
Conspirators required customers to pay for the steroids by using various debit cards. Customers used names and account numbers for these debit cards that were provided by conspirators. Conspirators used stolen identities to produce or obtain debit cards, such as Green Dot MoneyPak, MyVanilla, ReloadIT, NetSpend ReloadIT and BlackHawk. They required their customers to send payments to these cards in order to conceal and disguise the proceeds of the illegal transactions.
Schweidler began operating this online anabolic steroid distribution business in late 2011 in Utah. Schweidler quickly sought out assistance from other conspirators, including Peters, to help collect the proceeds from the illegal drug sales. Eventually Schweidler relocated the operation to North Carolina, until relocating again in 2013 to the Kansas City, Mo., area.
During the early stages of the conspiracy Schweidler was as the leader of the conspiracy. Schweidler was primarily responsible for the manufacture and distribution of the steroids and he managed the collection of illegal drug proceeds. Initially Peters’s role was primarily to collect the illegal drug proceeds from customers who were required to pay via MoneyGram and Western Union, and also later via debit cards. Peters eventually joined Schweidler in North Carolina to continue the operation. Over time Peters also became more involved with Schweidler in purchasing supplies and assisting in the steroid manufacturing process, as well has handling online customer orders and shipping steroids to customers.
In late summer 2013, Schweidler and Peters relocated the operation to the Kansas City, Mo, area, and Lyne became involved in the conspiracy. Eventually Schweidler turned over more operational duties to Peters, who recruited Miller to move to Kansas City to assist in the operation. In the fall of 2014, Peters and Miller took over operational responsibilities for PowerTrip and relocated the operation back to North Carolina in an effort to avoid law enforcement detection of the operation.
During the conspiracy Schweidler personally sent in excess of $176,000 in drug proceeds to China via Western Union and MoneyGram to purchase additional raw materials to manufacture anabolic steroids.
According to today’s plea agreement, a reasonable conservative estimate of the dosage units of anabolic steroids which were reasonably foreseeable to Schweidler is over 60,000 dosage units of Testosterone Propionate, Halotestin, and other anabolic steroids. This estimate is based upon the ingredients and amounts indicated in the steroid recipe notebook recovered when Peters and Miller were arrested in North Carolina.
Utilizing the least expensive raw ingredients for the manufactured finished product (Testosterone Propionate), and utilizing the known dollar amount of raw ingredients purchased by conspirators (approximately $200,000, less shipping costs), would yield nearly 1 million grams of raw materials that could manufacture approximately 90,000 vials (approximately 900,000 dosage units based upon a 10 – 100mg dosage unit per vial). PowerTrip sold this product for $25 per vial, which results in a conservative estimate of gross proceeds of at least $2.25 million in sales.
Under the terms of today’s plea agreement, Schweidler will be sentenced to four years in federal prison without parole. Schweidler also must forfeit to the government $2.25 million, which was derived from the proceeds of the illegal drug trafficking, and property in Smithfield, N. C. 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 Jess E. Michaelsen. It was investigated by the U.S. Postal Inspection Service and the Drug Enforcement Administration.
Former Swedish Hospital Surgical Tech Sentenced for Tampering with a Consumer Product, Fentanyl, and Obtaining a Controlled Substance by DeceptionRead the Press Release
DENVER – Rocky Allen, age 29, who resided in Denver, Colorado before his arrest, was sentenced today by U.S. District Court Judge Raymond P. Moore to serve 78-months in federal prison, followed by 3 years on supervised release for tampering with a consumer product and obtaining a controlled substance by deception, the U.S. Attorney’s Office, the Food and Drug Administration Office of Criminal Investigations, the Drug Enforcement Administration (DEA) and the Englewood Police Department announced. Allen, who is free on bond and living at a halfway house, was released at the conclusion of the hearing, and ordered to report to a Bureau of Prisons facility within 15 days of designation.
Allen was first charged by Indictment on February 10, 2016. He pled guilty before Judge Moore on July 12, 2016. He was sentenced today, November 7, 2016.
According to court documents, including the stipulated facts contained in the plea agreement, from August 2015 to January 22, 2016, Allen was employed at Swedish Medical Center as a Surgical Technologist. He was not authorized to possess fentanyl, an opioid and a Schedule II narcotic. On January 22, 2016 at Swedish Hospital, numerous members of a surgical team were present in an operating room with a patient on the operating table. Allen entered the operating room although he was not assigned to staff that particular case. On that date and at that time, without permission and/or authority and acting with deception, Allen took a syringe originally loaded with 5 mL of 50 mcg/mL fentanyl and replaced it with another syringe containing saline solution. Allen had falsely labeled the replacement syringe with a sticker identifying the contents of the syringe as fentanyl. By switching the syringes, Allen introduced a syringe falsely purporting to contain fentanyl for use on a patient of the hospital. The replacement syringe was not used on the patient because a Neuro Spine Coordinator assigned to the operating room witnessed Allen switch the syringes and alerted the anesthesiologist not to use it.
As part of the hospital’s internal investigation, on January 22, 2016, Allen voluntarily submitted to a urine screen. Testing determined the presence of fentanyl, norfentanyl, and marijuana. The contents of the replacement syringe were tested and were consistent with saline solution. It was determined by investigators on that day that Allen acted with reckless disregard for and extreme indifference to the risk that another person would be placed in danger of bodily injury. Allen also obtained the controlled substance by means of deceit. In June of this year it was announced that Allen carries HIV (subtype B) and that he is negative for Hepatitis B and C.
“Allen put hundreds of innocent people at risk and caused them enormous fear and anxiety,” said Acting U.S. Attorney Bob Troyer. “His prosecution and sentence should send a chilling message to any medical professional who abuses his or her position of trust: You will go to federal prison for a long time.”
“Americans must be confident that they are getting safe, effective, pure and potent prescription drugs,” said Spencer E. Morrison, Acting Special Agent in Charge, FDA Office of Criminal Investigations’ Kansas City Field Office. “Our office will continue to pursue and bring to justice those who present a risk to the public’s health by tampering with drug products.”
“This case is an example of the scope of the prescription drug and opioid abuse epidemic, and specifically how it can affect our Colorado community” stated Barbra Roach, Special Agent in Charge of the Drug Enforcement Administration’s Denver Field Division. “This is an especially serious incident in that a medical professional, in a position of trust, abused that trust and in so doing put the community at large at risk. Holding this individual responsible is essential, but we must also continue our efforts to educate the community and address the prescription drug problem in our nation.”
This case was investigated by the FDA OCI, the DEA, and the Englewood Police Department. The defendant was prosecuted by Assistant U.S. Attorney Jaime Pena.
Former Prison Guard Pleads Guilty to Taking Bribes from InmatesRead the Press Release
KANSAS CITY, KAN. - A former federal prison guard pleaded guilty Monday to taking bribes to smuggle tobacco to inmates, Acting U.S. Attorney Tom Beall said.
Marc Buckner, 47, Kansas City, Kan., pleaded guilty to one count of a public official accepting bribes. In his plea, he admitted the crimes occurred while he worked as a guard at Leavenworth Penitentiary. Buckner said he was paid each time he smuggled tobacco into the prison. He hid tobacco and rolling papers in two handmade insoles in his shoes.
Inmates paid Buckner $750 for each can of Bugler brand tobacco and rolling papers he smuggled. He said he smuggled tobacco once or twice a month for years.
Sentencing will be set for a later date. He faces a penalty of up to 15 years in federal prison. Beall commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Former Marion Investment Broker Sentenced to Two More Years in Federal Prison After Obstructing Justice During His Prior Criminal ProsecutionRead the Press Release
A former investment broker who was previously sentenced to more than nine years’ imprisonment for defrauding his investment clients was sentenced today to two more years in federal prison for obstructing justice during the course of proceedings related to his fraud prosecution.
Randy Beltramea, age 52, from Marion, Iowa, received the additional prison term after a guilty plea to four counts of obstruction of justice.
At the guilty plea hearing, Beltramea admitted that, after the government instituted forfeiture proceedings to forfeit his interest in property he purportedly obtained from fraudulent activity, he took unlawful steps to obstruct the forfeiture proceedings by accepting payments for and placing a mortgage on property that had been identified as forfeitable.
Beltramea was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Beltramea was sentenced to 24 months’ imprisonment. A special assessment of $400 was imposed. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 1:14-cr-00095-LRR.
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Five People Sentenced for Smuggling Cocaine through Atlanta AirportRead the Press Release
ATLANTA - Walter Lee Parker, Paul Victor Wilson, a/k/a “Ivory Roberson,” Roelisha Housley, Janai Cavitt, and Kaprice Green, have been sentenced for participating in a conspiracy to distribute six kilograms of cocaine which they attempted to smuggle through Atlanta’s Hartsfield-Jackson International Airport.
“Federal agents working with customs officers at Atlanta's Hartsfield-Jackson International Airport permanently ended this drug smuggling ring,” said U.S. Attorney John Horn. “Drug smugglers continually seek new ways to move their narcotics. We hope that this case shows that the airport is a poor choice for shipping illegal drugs.”
“As the world’s busiest airport, Atlanta is a prime target for drug traffickers who think they can hide in plain sight by blending in with other travelers. This case shows just how mistaken that view is for anyone considering testing the system,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick S. Annan. “These sentencings show the dedication and effectiveness of HSI along with our U.S. Customs and Border Protection partners to identify and arrest anyone who attempts to illegally smuggle contraband into the United States through the Atlanta airport.”
According to U.S. Attorney Horn, the charges and other information presented in court: on February 10, 2016, Janai Cavitt and Kaprice Green arrived at Atlanta’s Hartsfield-Jackson International Airport on a flight from Montego Bay, Jamaica, in transit to their final destination of Cincinnati. While in Atlanta, customs agents stopped Cavitt and Green and discovered that each defendant had three kilograms of cocaine hidden in the lining of their suitcases. After obtaining confessions from Cavitt and Green, federal agents determined the two couriers intended to deliver the cocaine to Roelisha Housley and Walter Lee Parker in Cincinnati for $10,000.
Federal agents in Atlanta, coordinating with law enforcement counterparts in Ohio, also obtained confessions from Housley and Parker, who planned to further distribute the cocaine. After learning that the sister of one courier, who was not involved in the conspiracy, began to receive threatening text messages demanding the return of the cocaine, agents pinpointed Wilson as the threat maker. With the assistance of counterparts in Florida, agents ultimately uncovered that Wilson worked with the Jamaican-based cocaine supplier, and that Wilson was the leader of the drug conspiracy and owner of the cocaine.
Each of the defendants pleaded guilty in federal court in Atlanta, Georgia, to conspiracy to distribute cocaine. On November 3 and 4, 2016, U.S. District Judge William S. Duffey, Jr., imposed the following sentences:
- Walter Lee Parker, 37, of Cincinnati, Ohio, was sentenced to eight years, one month in prison to be followed by four years of supervised release;
- Paul Victor Wilson, a/k/a “Ivory Roberson,” 47, of Weston, Florida, was sentenced to 11 years, five months in prison to be followed by five years of supervised release;
- Roelisha Housley, 21, of Fairfield, Ohio, was sentenced to five years, eight months in prison to be followed by four years of supervised release;
- Janai Cavitt, 21, of Covington, Kentucky, was sentenced to three years, nine months in prison to be followed by three years of supervised release; and
- Kaprice Green, 19, of Cincinnati, Ohio, was sentenced to three years, four months in prison to be followed by three years of supervised release.
This case was investigated by the Department of Homeland Security.
Assistant United States Attorneys Trevor C. Wilmot and Laurel R. Boatright prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
- Walter Lee Parker, 37, of Cincinnati, Ohio, was sentenced to eight years, one month in prison to be followed by four years of supervised release;
Eight Trey Crips Gang Members Convicted of Murder of Federal InformantRead the Press Release
Friday afternoon, Maliek Ramsey, also known as “Squinge,” and Rodney Muschette, also known as “Stitch,” were convicted of the 2008 retaliation murder of a federal informant. Ramsey and Muschette are members of the Eight Trey Crips, a set of the Crips street gang operating in and around Brooklyn, New York, and elsewhere. When sentenced, they will face mandatory life imprisonment.
The convictions were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); James O’Neill, Commissioner, New York City Police Department (NYPD); and George N. Turner, Chief of Police, Atlanta Police Department (APD).
“The defendants’ actions tore at the fabric of our criminal justice system, a system that relies upon members of the community to notify law enforcement about criminal activity,” stated U.S. Attorney Capers. “Without the cooperation of all segments of the community – including victims, eyewitnesses, and cooperating witnesses – our system cannot work.” Mr. Capers extended his grateful appreciation to the FBI Charlotte, NC, Field Office, the FBI Raleigh, NC, Resident Agency, the FBI Atlanta, GA, Field Office and the United States Attorney’s Office for the Eastern District of North Carolina for their assistance.
“We depend on eyewitnesses for the information that isn’t revealed from forensic evidence, and many times those eyewitnesses are known to the subjects in a case. The FBI and our law enforcement partners will pursue anyone who threatens witnesses with violence because they were willing to come forward,” stated FBI Assistant Director-in-Charge Sweeney.
“In partnership with the U.S. Attorney’s Office, the Atlanta Police Department has removed another dangerous and violent criminal from Atlanta streets,” said Atlanta Police Chief Turner.” Muschette and Ramsey mercilessly took the life of Mr. Nashwad Johnson and those actions will not go unpunished. The Atlanta Police Department is committed to cracking down on criminal activity and individuals that threaten the safety and quality of life for Atlanta residents and visitors.”
On December 30, 2008, the leader of the Eight Trey Crips was sentenced in Brooklyn federal court to 110 months’ imprisonment based on his conviction for possessing a firearm as a felon in connection with a June 2005 shooting in Brooklyn, New York. Fellow gang member Nashwad Johnson, also known as “Nash,” had witnessed that shooting. At the leader’s sentencing proceeding, he stated his belief that Johnson was a federal informant, and he later made sure that the message was communicated to other gang members. The leader’s sister told him that everyone in the gang was “all messed up” about the news, and, in particular, she told him that defendant Ramsey – who was in England at that time – was crying and thought it was his fault. The afternoon of New Year’s Eve, Muschette and Ramsey spoke for 20 minutes to iron out their murder plan, and Ramsey ordered Muschette to shoot Johnson.
At or around the time of that sentencing, Muschette and other members of the gang traveled with Johnson from Raleigh, North Carolina, to Atlanta, Georgia. Shortly before midnight on New Year’s Eve in 2008 – one day after the leader was sentenced – Muschette and others carried out their plan to kill Johnson because they believed that he had provided information to federal law enforcement about their gang. Muschette and his coconspirators drove Johnson to a wooded area off an Atlanta highway. There, Muschette shot Johnson eleven times, including five shots in Johnson’s back, ending his life.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Elizabeth A. Geddes and Patrick T. Hein are in charge of the prosecution.
The Defendants:
MALIEK RAMSEY, also known as “Squinge”
Age: 36RODNEY MUSCHETTE, also known as “Stitch”
Age: 35E.D.N.Y. Docket No. 15-CR-525 (ERK)
Detroit-Area Home Health Care Agency Co-Owner Sentenced to 96 Months in Prison for $33 Million Medicare Fraud SchemeRead the Press Release
The co-owner of a Detroit home health care company was sentenced today to 96 months in prison for his role in a Medicare fraud scheme that caused approximately $33 million in losses.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Chicago Regional Office made the announcement.
Badar Ahmadani, 49, of Ypsilanti, Michigan, was sentenced by U.S. District Judge Judith E. Levy of the Eastern District of Michigan, who also ordered him to pay $38,150,113.64 in restitution. On July 27, 2015, Ahmadani was convicted at trial of one count of conspiracy to commit health care fraud and one count of conspiracy to pay and receive health care kickbacks.
According to evidence presented at trial, Ahmadani participated in a scheme in which from 2006 through 2011, he and his co-conspirators obtained patients by paying cash kickbacks to recruiters, who in turn paid cash to patients to induce them to sign up for home health care with companies owned by co-defendant Zafar Mehmood: Access Care Home Care Inc., Patient Care Home Care Inc., Hands On Healing Home Care Inc. (which Ahmadani co-owned) and All State Home Care Inc. The evidence also showed that Mehmood and Ahmadani paid kickbacks to physicians to refer patients to the companies for home health care services that were medically unnecessary as well as not provided.
On Oct. 28, 2016, Mehmood was sentenced to serve 360 months in prison and to pay $40,488,106.98 in restitution. Mehmood was convicted at trial with Ahmadani of one count of conspiracy to commit health care fraud, four counts of health care fraud, one count of conspiracy to pay and receive health care kickbacks, one count of conspiracy to commit money laundering, two counts of money laundering and two counts of obstruction of justice.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Fraud Section Trial Attorneys Niall M. O’Donnell and A. Brendan Stewart prosecuted the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
David Michael Ansberry, Who Allegedly Left Destructive Device at Nederland Police Deparment, to Appear in Federal Court This AfternoonRead the Press Release
DENVER – David Michael Ansberry, age 64, will appear in court at 2:00 p.m. this afternoon before U.S. Magistrate Judge Nina Y. Wang to be read his rights and advised of the charges pending against him. Magistrate Judge Wang’s courtroom is located at the Byron G. Rogers U.S. Courthouse, 1929 Stout Street, Courtroom 204.
Ansberry was previously indicted by a federal grand jury in Denver, charging him in a one count indictment with Use and Attempted Use of Weapon of Mass Destruction, the U.S. Attorney’s Office and the FBI announced.
The charges contained in the Indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
Columbus Man Arrested for Attempting to Provide Material Support to ISILRead the Press Release
COLUMBUS, Ohio – Aaron Travis Daniels, 20, aka Harun Muhammad, aka Abu Yusef of Columbus was arrested today for attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
The arrest was announced by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and agencies participating in the Southern Ohio Joint Terrorism Task Force (JTTF).
JTTF agents arrested Daniels as he attempted to leave Columbus with an alleged eventual destination of Libya to join ISIL. The criminal complaint against him also alleges that Daniels sent $250 in January 2016 to an ISIL operative and had communicated his commitment to violent overseas jihad.
The complaint alleges that Daniels set up email addresses and a social media account using the aliases Muhammad and Yusuf. Daniels allegedly expressed his interest in violent jihad and travelling overseas in various communications.
The complaint also alleges that Daniels wired money to an intermediary for Abu Isa Al-Amriki, a now-deceased ISIL member, recruiter and external attack planner. Daniels allegedly told an undercover FBI employee that he wanted to travel to Trinidad as the beginning of his trip to travel to Libya. On November 5, Daniels bought an airline ticket to travel from Columbus to Houston, Texas and on to Trinidad. The flight was scheduled to leave Columbus today.
JTTF officers arrested Daniels at the airport, before boarding his flight. He appeared before U.S. Magistrate Judge Terence P. Kemp who ordered him held without bond. The case will be presented to a federal grand jury who has 30 days to weigh the evidence and decide whether or not to indict Daniels.
If convicted of attempting to provide material support to a foreign terrorist organization, Daniels faces a maximum sentence of 20 years in prison. Congress prescribes the maximum potential sentences and it is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. A federal criminal complaint merely contains allegations and the defendant is presumed innocent unless proven guilty in a court of law.
The Southern Ohio JTTF is made up of officers and agents from the FBI, U.S. Marshals Service, Columbus Division of Police, Franklin County Sheriff’s Office, Ohio State Highway Patrol, The Ohio State University Police Department, U.S. Immigrations and Customs Enforcement, the John Glenn International Airport Police Department, Westerville Police Department and Columbus Division of Fire.
Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the JTTF for its investigation of this case. The case is being prosecuted by Assistant U.S. Attorney Jessica W. Knight, Special Assistant U.S. Attorney Joseph Gibson with Franklin County Prosecutor Ron O’Brien’s Office and Trial Attorneys Michael Dittoe and Taryn Meeks of the National Security Division’s Counterterrorism Section.
Charleston man caught with over a kilogram of meth sentenced to four years in federal prisonRead the Press Release
HUNTINGTON, W.Va. – A Charleston man caught with a significant amount of methamphetamine was sentenced today to four years in federal prison for a drug charge, announced United States Attorney Carol Casto. Craig Jason Hundley, 40, previously pleaded guilty to possession with intent to distribute methamphetamine.
Hundley admitted that on April 4, 2016, he was stopped on Interstate 64 in Cabell County by a member of the West Virginia State Police. A K-9 named Feera utilized by the West Virginia State Police performed an exterior sniff of Hundley’s car and indicated that drugs were present. When law enforcement searched the car, they found approximately 1,065 grams of methamphetamine concealed in the trunk.
The case against Hundley was investigated by the West Virginia State Police and the Drug Enforcement Administration. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Champaign Felon Sentenced to Maximum 10 Years in Prison for Weapons ChargeRead the Press Release
URBANA, Ill. – Kevin Pettis, aka KP, 37, of the 400 block of South State Street, Champaign, was sentenced today to the maximum 120 months in federal prison for illegal possession of a firearm by a felon, as announced by Jim Lewis, U.S. Attorney for the Central District of Illinois. Pettis has been in the custody of the U.S. Marshals Service since his federal arrest in December 2015. Pettis was also ordered to remain on supervised release for three years following his release from prison.
On July 8, 2016, a jury convicted Pettis following a two-day trial. During the trial, the government presented evidence to establish that on July 7, 2013, around 3:18 a.m., Pettis fired a Taurus, .40 caliber semi-automatic pistol from a vehicle in the parking lot of the Oakwood Trace Apartments in north Champaign. When a woman reported the shooting, Pettis drove to his apartment and tried to hide the pistol in his jacket in his apartment. Officers of the Champaign Police Department arrested Pettis minutes later as he was walking away from the apartment. After obtaining a search warrant for his apartment, officers located and recovered the stolen, loaded gun. At the time, Pettis had seven prior felony convictions. Officers later found gunshot residue on Pettis’ hand and Pettis’ DNA on the gun, which had been used in another shooting in Champaign less than a month earlier.
According to court documents, Pettis has twice before shot other individuals and has three prior felony convictions for aggravated battery, plus convictions for theft, unlawful possession of a weapon, reckless discharge of a firearm, possession of cocaine with the intent to distribute it, and theft. He also has two misdemeanor battery convictions, two DUI convictions, and convictions for obstructing a peace officer.
The case was prosecuted by Assistant U.S. Attorney Eugene L. Miller. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Champaign Police Department investigated the case.
California Man Sentenced to Life Plus 60 Years for 2013 Shooting Spree at Los Angeles International Airport and First-Degree Murder of Transportation Security Administration OfficerRead the Press Release
A Sun Valley, California, man was sentenced today to life plus 60 years in prison for a 2013 shooting at Los Angeles International Airport (LAX) in which he murdered a Transportation Security Administration (TSA) officer.
Attorney General Loretta E. Lynch, Secretary Jeh C. Johnson of the Department of Homeland Security, U.S. Attorney Eileen M. Decker of the Central District of California and Assistant Director in Charge Deirdre Fike of the FBI’s Los Angeles Field Office made the announcement.
Paul Anthony Ciancia, 26, pleaded guilty on Sept. 6, 2016, to one count of murder of a federal officer; two counts of attempted murder of a federal officer; four counts of violence at an international airport; one count of discharging of a firearm during a crime of violence causing death; and three counts of discharging a firearm during a crime of violence. U.S. District Judge Philip S. Gutierrez of the Central District of California imposed today’s sentence.
“Today, justice was done on behalf of fallen TSA Officer Gerardo Hernandez, his wounded colleagues and all those who were terrorized by the wanton violence perpetrated by this defendant,” said Attorney General Lynch. “This sentence reflects appropriate punishment for a heinous crime. It ensures that the defendant can never again harm or murder innocent Americans. And it sends a clear message that the Department of Justice will not tolerate calculated attacks on our nation’s law enforcement officers, and that those who do commit such crimes will be held accountable.”
“We are grateful to the FBI and the Department of Justice for their hard work in obtaining justice for Mr. Hernandez, his family, co-workers and the men and women of DHS,” said Secretary Johnson.
“The crimes that led to today’s sentence were vicious, horrific and senseless,” said U.S. Attorney Decker. “After planning a mass murder, this defendant murdered a highly respected law enforcement officer, seriously wounded two other federal officers and a civilian and terrified hundreds of people who feared for their lives. Those who target law enforcement and our nation's critical infrastructure will be held accountable. As a result of today’s sentence, Mr. Ciancia will never again have a chance to harm other innocent people.”
“The defendant will spend the rest of his life behind bars for targeting airport officers with premeditated murder, but a just sentence cannot replace the loss of Officer Hernandez, nor remove the suffering of his victims, and his victims' families, friends and colleagues,” said Assistant Director in Charge Fike. “The collaborative efforts by first responders and investigators on the day of the shooting and thoughout this investigation are commendable and aided prosecutors in ensuring that Mr. Ciancia can never again pose a threat.”
According to the plea agreement, in early 2013, Ciancia purchased a semiautomatic rifle, 500 rounds of ammunition and 10 magazines for the rifle. On the morning of Nov. 1, 2013, Ciancia modified two pieces of luggage and zip-tied them together to conceal his loaded rifle inside.
Ciancia admitted that later that morning, he entered LAX Terminal Three, removed the loaded rifle from his modified luggage and fired at and killed TSA Officer Gerardo Hernandez while he was checking passengers’ travel documents. Ciancia admitted that he then went upstairs to a TSA checkpoint, by which time many TSA officers and passengers had fled the airport. He fired his weapon at two TSA Officers as well as a civilian, he admitted, all of whom sustained serious injuries and required surgery but survived the attack. According to the plea agreement, as Ciancia passed passengers hiding in or fleeing the terminal during the attack, he asked if they were TSA and when they said no, he passed without shooting at them.
The Los Angeles Joint Terrorism Task Force (JTTF) investigated the case. The JTTF is led by the FBI and includes agents and officers from 45 other local, state and federal agencies.
The Los Angeles Airport Police; the Los Angeles Police Department; the Los Angeles County Sheriff's Department; TSA; the Federal Air Marshal Service; the Los Angeles Port Police; the Long Beach, California, Police Department; the Air Force Office of Special Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Customs and Border Protection; the U.S. Secret Service; the Los Angeles Fire Department; Los Angeles International Airport Operations; the U.S. Marshals Service; the U.S. Postal Inspection Service; and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations provided substantial assistance in the investigation.
First Assistant U.S. Attorney Patrick R. Fitzgerald of the Central District of California, Assistant U.S. Attorney Melissa Mills of the Central District of California’s Terrorism and Export Crimes Section, Assistant U.S. Attorney Joanna M. Curtis of the Central District of California’s Violent and Organized Crime Section and Trial Attorney Michael S. Warbel of the Criminal Division’s Capital Case Section prosecuted the case.
California Man Sentenced to 180 Months in Prison for Receipt and Distribution of Child Pornography Relating to Online Sextortion SchemeRead the Press Release
An Arvin, California, man was sentenced today to 15 years in prison for child pornography offenses related to the online sextortion of female minors, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California.
Brian Caputo, 27, pleaded guilty to receipt and distribution of child pornography on May 16, 2016. U.S. District Court Judge Lawrence J. O’Neill of the Eastern District of California sentenced Caputo and also ordered him to serve 15 years of supervised release.
According to admissions made in connection with his guilty plea, between December 2008 and February 2014, Caputo received on his cell phone and by email at least one image of a minor engaging in sexually explicit conduct, and distributed one or more of such images to another minor in order to coerce the minor to produce additional child pornography.
The FBI investigated the case with assistance from the El Paso Police Department and the FBI’s Violent Crimes Against Children Task Force. Assistant U.S. Attorney Michael Tierney of the Eastern District of California and former Trial Attorney Maureen C. Cain of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.