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Thursday 27 October 2016
Tulsa Man Sentenced to 13 Months for Firearms TheftRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JIMMY DON MCCOY, JR., age 25, of Tulsa, Oklahoma, was sentenced to 13 months imprisonment for STEALING FIREARMS FROM A FEDERAL FIREARMS LICENSED DEALER, in violation of Title 18, United States Code, Sections 924(m) and 2.
The Indictment alleged that on or about August 29, 2015, in the Eastern District of Oklahoma, MCCOY did knowingly steal firearms from Gems Gun & Pawn, a federal licensed firearms dealer, all of which had been shipped and transported in interstate commerce either before or after being stolen.
The charges arose from an investigation by the Sallisaw Police Department and the Bureau of Alcohol, Tobacco and Firearms.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Timothy Hammer represented the United States.
Toledo mother and son charged for Internet-based fraud, sending money to NigeriaRead the Press Release
A mother and son from Toledo were charged for their roles in a conspiracy to defraud people out of tens of thousands of dollars and then launder the stolen money, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Criminal informations were filed charging Patsy A. Schmidt, 53, and Bradley Schmidt, 22, with one count of conspiracy to launder money and one count of money laundering.
Patsy Schmidt fraudulently obtained nearly $50,000 between 2010 and 2013, while Bradley Schmidt fraudulently obtained nearly $24,000 between 2012 and 2013, according to the charges.
According to the charges:
The Schmidts and other co-defendants targeted people selling items on sites such as Craigslist.com. They sent emails to these people expressing interest in an item for sale when they had no intention of buying it.
The Schmidts and others stated to the seller that they would use PayPal to send the cost of the item plus an additional fee to cover the cost of a pick-up agent, transfer agent, shipping or hauling. The defendants then requested the victims wire the fee to the pick-up agent via Western Union or MoneyGram. The pick-up agent was identified as Patsy Schmidt, Bradley Schmidt or one of the other co-conspirators.
The Schmidts and others then used email addresses that resembled PayPal email accounts and wrote emails falsely stating that the purported buyer had placed money into the victim’s PayPal account. They stated the money would not be available until after the victim sent verification of a money transfer for the so-called pick-up agent’s fee.
Once the victim sent verification that the money had been sent, the Schmidts ceased communication and kept the money that had been wired to them. Money was wired to the Toledo area from Massachusetts, Oregon, Texas, Washington and elsewhere.
The Schmidts then wired the proceeds of the fraud to co-conspirators in Nigeria and retaining a portion of the money for themselves.
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Secret Service, in Toledo, Ohio. The case is being handled by Assistant United States Attorney Noah P. Hood.
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Men Charged with Marijuana Conspiracy in Mono CountyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Marco Antonio Esquivel-Cornejo, 30; Jesus Argel Esquivel-Cornejo, 27; and Oliver Lopez Alvarado, 25, all Mexican nationals residing in Modesto, charging them with conspiracy to manufacture marijuana and the manufacture of marijuana, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Jesus Argel Esquivel-Cornejo and Oliver Lopez Alvarado were arrested in the Humboldt-Toiyabe National Forest in Mono County at a marijuana garden containing 393 marijuana plants. A loaded Beretta 9 millimeter semi‑automatic pistol, and an unloaded Mossberg .22 LR caliber rifle with ammunition were found in the tarp shelter where they were sleeping. Court documents allege that vehicles owned or used by Marco Antonio Esquivel-Cornejo were employed to make periodic supply drops and retrieve processed marijuana from the marijuana garden.
This case is the product of an investigation by the United States Forest Service, the Mono County District Attorney’s Office, the Modesto Police Department, and the Modesto Narcotics Enforcement Team.
If convicted, each defendant faces a maximum statutory penalty of 40 years in prison; or a fine of up to $5 million; or both fine and imprisonment. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; each defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Head to Federal Prison for Kidnapping ChildrenRead the Press Release
kidnapping two children from their Corpus Christi home, announced U.S. Attorney Kenneth Magidson. Georgia Michelle Gregg, 31, pleaded guilty July 6, 2016, while her sister - Jada Nicole Gregg-Warren, 32 - and her sister’s boyfriend - Ivan Francisco Alvarez-Benavente, 27, pleaded guilty June 30, 2016.
Today, Senior U.S. District Judge Hayden Head sentenced Gregg-Warren to 120 months immediately followed by five years of supervised release. She also received a 12-month sentence on a bond revocation from a previous conviction of possession with the intent to distribute heroin. Gregg was sentenced to 108 months followed by three years of supervised release, while Alvarez-Benavente was ordered to serve 57 months. He is expected to face deportation proceedings following his release from prison.
Gregg and Gregg-Warren kidnapped the young children, ages five and four, from their residence on the night of Aug. 19, 2015. After the kidnapping, the two women travelled to McAllen with the children. Alvarez-Benavente followed them in a separate vehicle.
The Corpus Christi Police Department (CCPD) immediately disseminated an Amber Alert in pursuit of all three adults and the two children. As part of the alert, a Child Abduction Response Team was deployed with the assistance of the FBI and U.S. Marshals Service (USMS).
Authorities learned that Gregg returned to Corpus Christi while the couple and the children entered Mexico and stayed at a residence close to the Alvarez-Benavente family. Through a collaborative effort between the U.S. and Mexican authorities, the couple and the children were brought to the U.S. on Dec. 16, 2015, at which time Gregg-Warren and Alvarez-Benavente were arrested.
All three have been and will remain in custody pending their transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of the investigative efforts of the FBI, CCPD and the USMS. Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case.
Three Charged for Assaulting a Federal Officer and Accessory After the FactRead the Press Release
United States Attorney Randolph J. Seiler announced that three people have been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, and for Accessory After the Fact.
Those indicted on October 12, 2016, were: Kevin White, age 28, of St. Francis, South Dakota; Frank Swalley, Jr., age 33, of Mission, South Dakota; and Delores Schweigman-Long, age 40, of St. Francis, South Dakota. All three appeared before U.S. Magistrate Judge Mark Moreno on October 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assaulting, Resisting, and Impeding a Federal Officer is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. The maximum penalty upon conviction of Accessory After the Fact is up to 4 years in custody and/or a $120,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Each Defendant may be ordered to pay restitution.
The Indictment alleges that on September 3, 2016, in St. Francis, White and Swalley did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer, and did aid and abet each other in the commission of the offense, while the officer was engaged in his official duties. The Indictment also alleges that on September 3, 2016, in St. Francis, Schweigman-Long knew that the offense of Assault of a Federal Officer occurred and she did receive, relieve, comfort and assisted Kevin White, in order to hinder and prevent White’s apprehension, trial, and punishment.
The charges are merely an accusation and White, Swalley, and Schweigman-Long are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
White, Swalley, and Schweigman-Long were released pending trial. Trial dates have not been set.
St. Louis Area Woman Indicted on Charges of Theft by a Veteran's Affairs FiduciaryRead the Press Release
St. Louis, MO – Tamara Jones, St. Louis, Missouri, was charged with theft of government funds and misappropriation in connection with her service as a fiduciary representative of an area disabled veteran.
According to the indictment, Jones was enrolled as a financial fiduciary through the United States Department of Veterans Affairs. As such, she was eligible to handle the financial affairs of disabled veterans pursuant to an agreement with the VA. In September 2014, having been appointed fiduciary for a disabled veteran living in St. Louis County area, whose initials are A.W., Jones drained most of a $38,000 back pay award she found in his financial account.
Jones is also accused of failing to maintain records and file required reports and accountings of A.W.’s affairs. When confronted by VA auditors and investigators, Jones could not explain the situation and repeatedly failed to provide records, reports or A.W.’s funds despite repeated promises to do so.
The indictment was returned Wednesday, October 26. Jones is expected to appear in federal court later this week.
If convicted of theft of government funds, Jones faces up to 10 years in prison. If convicted of misappropriation by a fiduciary, she faces up to 5 years in prison. Both counts also carry the possibility of a fine of up to $250,000. Restitution to the victim is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The case was investigated by the U.S. Department of Veterans Affairs-Office of the Inspector General. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Spirit Lake Man Found Guilty of 2nd Degree MurderRead the Press Release
FARGO - US Attorney Christopher C. Myers announced that on October 26, 2016, Dallas Wayne Thundershield, 36, Fort Totten, ND, was found guilty following a six-day trial on a four-count Indictment charging him with 2nd Degree Murder, Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury.
On April 9, 2016, Thundershield and Priscilla Bear were walking in Fort Totten, ND, when Elvis Demarce and Richard Demarce pulled up to them in Elvis’s pickup and offered them a ride in exchange for gas money. Thundershield, who was seated behind Priscilla as she drove the group around the Spirit Lake Reservation, began poking her with a knife and hitting her. In response, Elvis instructed Priscilla to pull over. As Elvis exited the vehicle, Thundershield followed and began attacking Elvis with his knife, while at the same time Richard proceeded to get out of the vehicle to defend Elvis. Thundershield stabbed Elvis multiple times before turning to beat Richard Demarce. As Bear called the Fort Totten police, Thundershield left Elvis Demarce in the ditch alongside BIA-6 with life-threatening injuries. Thundershield directed Bear to get into the pickup and they drove away; within minutes Thundershield turned the vehicle around to go back and kill Richard. Upon Thundershield reaching Richard, Thundershield jumped out of the pickup, ran to Richard Demarce, and inflicted a stab wound to Richard Demarce’s chest which directly pierced his heart, killing him.
Thundershield left the bodies on the side of the road and drove Elvis Demarce’s vehicle to a residence near Hamar, ND, where he had been staying. In the early morning hours of April 10, 2016, while at the same residence, Thundershield assaulted Priscilla Bear; as a result of that assault, Priscilla received substantial bodily injury. Police were called to that residence and Thundershield was arrested without further incident.
US District Judge Ralph R. Erickson has scheduled sentencing to take place on January 24, 2017, at 1:30 PM, at the US District Court located in Fargo, ND.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs-Fort Totten, and the North Dakota Bureau of Criminal Investigation.
Assistant US Attorneys Janice Morley and Matthew Greenley prosecuted the case.
Slingerlands Man Pleads Guilty to Oxycodone ConspiracyRead the Press Release
ALBANY, NEW YORK – Stanislav Petkevichus, age 28, of Slingerlands, New York, pled guilty today to conspiring to distribute oxycodone.
The announcement was made by U.S. Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
Petkevichus faces up to 20 years in prison and 3 years of post-imprisonment supervised release when he is sentenced on February 22, 2017 by U.S. District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
As part of his plea, Petkevichus admitted that from about November 2015 through January 2016, he obtained approximately 200 oxycodone tablets from a co-conspirator, for resale in the Northern District of New York.
This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.
Sex Trafficker SentencedRead the Press Release
PROVIDENCE, R.I. – Cristian Garcia, 21, of Providence, was sentenced today to 24 months in federal prison for sex trafficking two young teenagers, announced United States Attorney Peter F. Neronha, Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England, Warwick Police Chief Colonel Stephen M. McCartney and Seekonk, Mass., Police Chief Craig A. Mace.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Garcia to serve 5 years supervised release upon completion of his prison term. Garcia pleaded guilty on May 13, 2016, to one count of conspiracy to sex trafficking children and one count of sex trafficking children.
A co-defendant in this matter, Mackenzy Scott, 20, of Providence, pleaded guilty on September 20, 2016, to conspiracy to sex trafficking children. He is scheduled to be sentenced on December 14, 2016.
According to court records and information presented to the court, beginning in December 2014, Garcia and Scott conspired together to take provocative photographs of a 14-year-old girl and a 16-year-old girl, and post the photographs in advertisements on Backpage.com, offering the young teenagers for sex. Numerous individuals responded to the ads. Garcia and Scott either drove or arranged for the teenagers to be driven to various locations in Rhode Island and Massachusetts to engage in sex acts in exchange for cash.
Mackenzy Scott, arrested on April 8, 2015, and Cristian Garcia, arrested on March 14, 2016, have been detained since their arrests.
The cases are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by Homeland Security Investigations, and the Warwick and Seekonk Police Departments.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Seven Individuals Facing Federal Charges in Deadly Fentanyl Distribution ConspiracyRead the Press Release
Seven individuals are facing federal drug distribution charges following an extraordinary number of drug overdoses in July of this year, all in the Murfreesboro area, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Joining Rivera in announcing the charges at a Noon news conference were Assistant Special Agent in Charge of the Drug Enforcement Administration in Tennessee, Christopher Tersigni; Mark Gwyn, Director of the Tennessee Bureau of Investigation; and Detective Sergeant Tommy Massey of the Murfreesboro Police Department.
In early July of this year, during a 24-hour period, law enforcement and emergency personnel responded to numerous overdose incidents in the Murfreesboro, Tennessee area. During this period, at least two individuals died and many others ended up in hospitals as a result of ingesting and overdosing on Fentanyl, a powerful synthetic opioid commonly prescribed for pain management and relief.
United States Attorney David Rivera stated, “This organization is charged with making and distributing a lethal cocktail that poisoned our communities. Today, those named in this indictment are being held accountable in a court of law for infecting our local neighbourhoods. However, the prosecution of these individuals has not put an end to this problem. The unlawful distribution of fentanyl and counterfeit prescription pills continue to pose a serious risk to our communities at alarming rates. The U.S. Attorney’s Office and our federal, state and local law enforcement partners are committed to identifying for prosecution those who place the public’s safety in jeopardy.”
A federal grand jury sitting in Nashville, yesterday, returned a nine-count indictment against the following persons:
Jonathan Barrett, a.k.a. “Punky,” 29, of Murfreesboro, Tennessee;
Eric Falkowski, 34, of Kissimmee, Florida;
Davi Valles, Jr., 25, of Nashville, Tennessee;
Johnny Williams, 30, of Murfreesboro, Tennessee; and
Jason Moss, 26, of Murfreesboro, Tennessee.
Count one of the indictment charged all five with conspiracy to distribute and possess with intent to distribute fentanyl, the use of which resulted in death and serious bodily injury. One additional count charged all five with distribution of fentanyl, the use of which resulted in death. All five were also charged with five additional counts of distribution of fentanyl, the use of which caused serious bodily injury. Falkowski, Valles, Williams and Moss were also charged with one additional count of distribution of fentanyl that resulted in serious bodily injury. Additionally, Falkowski was charged with one count of distribution of fentanyl resulting in death.
Jennifer Dogonski, 33, of Murfreesboro, Tennessee, was previously charged on July 29, 2016, with conspiracy to distribute and possess with intent to distribute fentanyl, the use of which caused serious bodily injury. She has since pleaded guilty and is awaiting sentencing.
Preston Davis, 22, of Madison, Tennessee, was charged on September 13, 2016, with one count of conspiracy to distribute and possess with intent to distribute fentanyl, the use of which resulted in death. Davis was also charged with possession of an AR-15 assault rifle in furtherance of a drug trafficking crime. Davis’ charges are pending.
According to charging documents, in May 2016, Falkowski moved his pill operation to the home of Preston Davis, in Madison, Tennessee, after law enforcement conducted a search of his home in Florida and seized his pill presses. The indictment further alleges that at Davis’ Madison home, Falkowski and Davis possessed, among other things, a pill press, multiple dies used for embedding text onto pills, including a die for “A333,” a pill grinder, fentanyl, alprazolam and other drug manufacturing equipment.
The indictment alleges that Preston Davis, Davi Valles, Jr., Jonathan Barrett, Johnny Williams and Jason Moss all distributed pills produced by Falkowski and that during the period of July 5-6, 2016, they distributed hundreds of counterfeit Percocet pills containing fentanyl, with the markings “A333” in and around the Murfreesboro, Tennessee area. On July 6, 2016, Barrett learned that some individuals who had purchased the counterfeit pills had overdosed, and that one had possibly died, and then continued to distribute the counterfeit pills. In total, the indictment alleges that the distribution of fentanyl caused two individuals to die and six persons to experience serious bodily injury requiring medical intervention.
“Today’s indictment and enforcement related efforts could not have been possible without the strong partnerships and support of our state and local law enforcement partners as well as the office of the United States Attorney David Rivera,” said DEA Assistant Special Agent in Charge Christopher Tersigni. “Let today’s efforts send a resounding shot to be heard by all that of those who profit from preying on the addicted and distribute the poison that continues to plague our communities at epidemic proportions; they will be investigated and prosecuted to the highest extent of the law.”
TBI Director Mark Gwyn said,” Let me be clear: “This is the emerging drug issue in Tennessee, with the potential to be far more destructive and far more deadly than any other drug issue we’ve worked to fight. We’ve warned the public about this issue several times this year and once again, we would urge anyone with a substance abuse issue to seek help. Turning to the streets to find your next fix isn’t the answer. And it might very well cost you your life.”
Six of the defendants are currently in custody. Jason Moss remains at large and is a fugitive.
If convicted, the defendants charged in this indictment face a mandatory minimum term of twenty years in prison, up to life and up to a $1,000,000.00 fine for each count charged.
This case was investigated by the Drug Enforcement Administration; the Tennessee Bureau of Investigation; and the Murfreesboro Police Department. The case is being prosecuted by Assistant U.S. Attorneys Courtney L. Coker and Amanda J. Klopf.
These charges are merely accusations. All defendants are presumed innocent unless and until proven guilty in a court of law.
Sanford Woman Sentenced to Seven Years for Stealing Tax Refunds and Personal Identity InformationRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Derma Miller (34, Sanford) to seven years in federal prison for conspiracy to steal federal tax refunds and aggravated identity theft. As part of her sentence, the Court also entered a money judgment in the amount of $493,697, the proceeds of her criminal conduct. A federal jury found Miller guilty of these offenses on July 21, 2016.
According to court documents, Derma Miller and her mother, Virginia Miller, conspired to file false federal income tax returns using stolen personal identity information (PII), much of which belonged to individuals who were physically and mentally disabled, to obtain tax refunds from the Treasury Department. Virginia Miller prepared and filed the fraudulent returns using the stolen PII. She then directed the Internal Revenue Service to electronically deposit the fraudulent refunds into a bank account that Derma Miller controlled. The women withdrew the tax refunds in cash and made purchases for their own benefit and the benefit of others. During a two-year period, the Millers filed approximately 226 fraudulent tax returns and obtained $493,697 in fraudulent tax refunds from the Treasury Department.
Virginia Miller was previously sentenced to five years and one month in federal prison for her role in the offenses.
This case was investigated by the Department of the Treasury, and the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Karen L. Gable and Nathan W. Hill.
Rosebud Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on October 24, 2016, by U.S. District Judge Roberto A. Lange.
Tianna Leaf Arellano, age 30, was sentenced to 25 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Arellano was indicted for one count of Assault With a Dangerous Weapon, and one count of Assault Resulting in Serious Bodily Injury by a federal grand jury on February 17, 2016. She pled guilty to Assault With a Dangerous Weapon on August 3, 2016.
On the morning of December 26, 2015, Arellano and others were at the home of a family member south of Mission. Arellano got in an argument with a family member, the victim, and picked up a knife. She stabbed the victim in the abdomen several times causing multiple internal injuries, including a lacerated liver. The victim was taken to the hospital in Valentine, Nebraska, and then transported by Life Flight to Rapid City Regional Hospital in Rapid City, South Dakota, for further treatment.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Arellano was immediately turned over to the custody of the U.S. Marshals Service.
Promise Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Promise, South Dakota, man has been indicted by a federal grand jury for Distribution of a Controlled Substance.
Emmett Delaine Traversie, age 21, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 26, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that twice on July 9, 2016, and again on July 12, 2016, in Lantry, Dupree, and Eagle Butte, South Dakota, Traversie knowingly and intentionally distributed methamphetamine in violation of federal law.
The charges are merely an accusation and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Traversie was released on a personal recognizance bond pending trial, which has been set for December 13, 2016.
Press Release by United States Attorney Zane David Memeger Relating to November 2016 ElectionsRead the Press Release
United States Attorney Zane David Memeger announced today that Assistant United States Attorney (AUSA) Tomika N.S. Patterson will lead the efforts of the Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Tomika N.S. Patterson has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Pennsylvania and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Zane David Memeger said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Zane David Memeger stated that AUSA/DEO Tomika N.S. Patterson will be on duty in this District while the polls are open. She can be reached by the public at the following telephone numbers: (215) 861-8200.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Zane David Memeger said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.
President Obama Grants CommutationsRead the Press Release
Today, the President granted commutation of sentence to the following 98 individuals:
· David Alan Aldridge – Odessa, TX
Offense: Conspiracy to manufacture 50 grams or more of actual methamphetamine and possession of pseudoephedrine with intent to manufacture methamphetamine; possession with intent to distribute a quantity of methamphetamine; possession of equipment, chemicals, products and materials to manufacture methamphetamine; possession of a detectable amount of methamphetamine; purchasing more than nine (9) grams of ephedrine or pseudoephedrine during a 30 day period (six counts); Western District of Texas
Sentence: Life imprisonment; 10 years’ supervised release; $35,000 fine (August 13, 2009)Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment, and unpaid balance of the $35,000 fine remitted, conditioned upon enrollment in residential drug treatment.
· Marvin D. Anthony, Sr. – Camden, AR
Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of cocaine base; Western District of Missouri
Sentence: Life imprisonment; six years’ supervised release (November 19, 2007)Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment.
· Darnell C. Billings – Dolton, IL
Offense: Distribution of 50 or more grams of cocaine base; Central District of Illinois
Sentence: Life imprisonment (May 25, 2007)Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.
· Kevin Bivins – Niagara Falls, NY
Offense: Conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine; conspiracy to possess with intent to distribute and distribution of 50 grams or more of cocaine base; possession with intent to distribute and distribution of cocaine base; use of a communication facility to commit a drug trafficking offense (eight counts); Western District of New York
Sentence: 168 months’ imprisonment; 10 years’ supervised release (January 11, 2002); amended to 240 months’ imprisonment (on remand) (July 18, 2003)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Edward Lionel Blake – Houston, TX
Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base, aiding and abetting; Southern District of Texas
Sentence: 360 months’ imprisonment; five years’ supervised release; $1,000 fine (November 24, 1998)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Wallace Bourgeois, Jr. – LaPlace, LA
Offense: 1. Conspiracy to distribute and to possess with the intent to distribute 50grams or more of cocaine base ("crack"); Eastern District of Louisiana
2. Wire fraud; Eastern District of Louisiana
Sentence: 1. 240 months’ imprisonment; 10 years’ supervised release (January 7,2010)
2. 12 months’ imprisonment (concurrent); three years’ supervised release (concurrent) (April 28, 2010)
Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Damon Brightman – Goose Creek, SC
Offense: Conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine and 50 grams or more of cocaine base; District of South Carolina
Sentence: Life imprisonment; 10 years’ supervised release (March 22, 2006)Commutation Grant: Prison sentence commuted to a term of 210 months’ imprisonment.
· Shane Derek Brown – Key West, FL
Offense: Possession with intent to distribute 50 grams or more of crack cocaine; Southern District of Florida
Sentence: 262 months’ imprisonment; five years’ supervised release (January 28, 2002)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· James Holman Browning, Jr. – Mebane, NC
Offense: Conspiracy: Distributed cocaine base ("crack"); distributed crack (two counts); Middle District of North Carolina
Sentence: Life imprisonment; 10 years’ supervised release (December 19, 2003)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Mark Lamont Byrd – St. Louis, MO
Offense: Possession with intent to distribute in excess of five grams of cocaine base; possession of a firearm during and in relation to a drug trafficking crime; possession with intent to distribute in excess of 50 grams of cocaine base; Eastern District of Missouri
Sentence: 180 months’ imprisonment; five years’ supervised release (May 19, 2006)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· David Carroll – Arlington, VA
Offense: Distribution of crack cocaine (seven counts); distribution of cocaine (two counts); possess with intent to distribute crack cocaine; Eastern District of Virginia
Sentence: Life imprisonment; 10 years’ supervised release (June 9, 1995)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Derrick Dante Clark – Cocoa, FL
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base; Middle District of Florida
Sentence: 240 months’ imprisonment; 10 years’ supervised release (June 25, 2007)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Kevin Wayne Daniels – Austin, TX
Offense: Possession with intent to distribute 50 grams or more of methamphetamine; felon in possession of a firearm; Western District of Texas
Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 23, 2009)Commutation Grant: Prison sentence commuted to 175 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Israel John Patrick Davis – Oklahoma City, OK
Offense: Conspiracy to possess with intent to distribute and distribute a controlled substance; District of North Dakota
Sentence: 204 months’ imprisonment; five years’ supervised release (January 22, 2009); amended to 163 months’ imprisonment (January 25, 2016)Commutation Grant: Prison sentence commuted to expire on October 27, 2017.
· Anthony D. Dorsey – Kansas City, MO
Offense: Possession with intent to distribute a mixture or substance containing cocaine base in an amount of 50 grams or more; Western District of Missouri
Sentence: 240 months’ imprisonment; 10 years’ supervised release (August 23, 2007)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Juan Antonio Duenas – San Antonio, TX
Offense: Possess with intent to distribute, more than 50 grams of methamphetamine; Southern District of Texas
Sentence: 240 months’ imprisonment; 10 years’ supervised release (September 24, 2003)Commutation Grant: Prison sentence commuted to October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Charlton Oriaso Esekhigbe – Missouri City, TX
Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Texas
Sentence: 240 months’ imprisonment; 10 years’ supervised release (February 17, 2006)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· John Aundo Gamble – Myrtle Beach, SC
Offense: Possession with intent to distribute five grams or more of cocaine base and a quantity of cocaine; felon in possession of a firearm and ammunition; using, carrying and possessing a firearm during and in furtherance of a drug trafficking crime; District of South Carolina
Sentence: 240 months’ imprisonment; five years’ supervised release (August 31, 2004)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Miguel Garcia – Perley, MN
Offense: Conspiracy to possess with intent to distribute and distribute controlled substances; possession with intent to distribute a controlled substance; District of North Dakota
Sentence: Life imprisonment; 10 years’ supervised release (September 28, 2006)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Ignatizo Giuliano – Fort Lauderdale, FL
Offense: Knowingly conspiring with other persons to distribute and to possess with intent to distribute five kilograms or more of cocaine; Middle District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (November 4, 1991)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Stephen Runea Glenn – Houston, TX
Offense: Possession with intent to distribute 50 grams or more of cocaine base, aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; Southern District of Texas
Sentence: 180 months’ imprisonment; five years’ supervised release (May 14, 2009)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Arandal Derrick Goodley – Midland, TX
Offense: Conspiracy to distribute cocaine base "crack"; possession with intent to distribute a quantity of cocaine base "crack"; laundering of monetary instruments (15 counts); aiding and abetting laundering of monetary instruments (four counts); Western District of Texas
Sentence: Life imprisonment; 10 years’ supervised release (October 22, 1998)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Stephen Joseph Graham – Cumming, GA
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine; Northern District of Georgia
Sentence: Life imprisonment; 10 years’ supervised release (September 17, 2002)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Wayne Gross – St. Louis, MO
Offense: Unlawful user of controlled substances while in possession of firearms; possession with the intent to distribute cocaine base (crack); carrying a firearm during and in relation to a drug trafficking crime; Eastern District of Missouri
Sentence: 248 months’ imprisonment; four years’ supervised release (April 2, 2004)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Robert Sedillo Gutierrez – Roswell, NM
Offense: 1. Possession with intent to distribute 500 grams and more of a mixtureand substance containing a detectable amount of methamphetamine, its salts, isomers, and salts of its isomers; District of New Mexico
2. Supervised release violation (attempt to possess with intent to distribute more than 500 grams of cocaine); District of New Mexico
Sentence: 1. 360 months’ imprisonment; 10 years’ supervised release (August 7,2006)
2. 18 months’ imprisonment; two years’ supervised release (concurrent) August 7, 2006)
Commutation Grant: Prison sentence commuted to a term of 210 months’ imprisonment.
· Ishon D. Hardin – Knoxville, TN
Offense: Conspiracy to distribute and possession with intent to distribute five kilograms or more of a substance containing cocaine hydrochloride and cocaine base; possession with intent to distribute cocaine; Eastern District of Tennessee
Sentence: 292 months’ imprisonment; 10 years’ supervised release (September 24, 2001); amended to 240 months’ imprisonment (August 16, 2010)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Robert A. Hearn – Springfield, IL
Offense: Possession with intent to distribute five or more grams of a mixture or substance containing cocaine base (crack); Central District of Illinois
Sentence: 360 months’ imprisonment; eight years’ supervised release (March 16, 2007)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Jamar Henry – Springfield, IL
Offense: Possession of five or more grams of cocaine base "crack" with the intent to distribute; Central District of Illinois
Sentence: 262 months’ imprisonment; eight years’ supervised release (September 2, 2003)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Ferlandis Urben Herod – Memphis, TN
Offense: 1. Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession with intent to distribute five kilograms or more of cocaine; 2. Supervised release violation (conspiracy to possess with intent to distribute cocaine); 1. Middle District of Tennessee; 2. Western District of Tennessee
Sentence: 1. Life imprisonment; 2. 24 months’ imprisonment (consecutive); 10 years’ supervised release (1. July 14, 2005; 2. December 19, 2005)Commutation Grant: Prison sentence commuted to a term of 264 months’ imprisonment.
· Olynthia Louise Hinton – Chester, SC
Offense: Possession with intent to distribute a quantity of cocaine and 50 grams or more of cocaine base; District of South Carolina
Sentence: 240 months’ imprisonment; 10 years’ supervised release (February 15, 2006)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· James Holmes – Nashville, TN
Offense: Conspiracy to possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; maintaining a place for the purpose of manufacturing and distributing a mixture and substance containing a detectable amount of cocaine base; Northern District of Alabama
Sentence: 240 months’ imprisonment; 10 years’ supervised release (February 16, 2005)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Antonio Hood – Lancaster, SC
Offense: Conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine and 50 grams or more of cocaine base; District of South Carolina
Sentence: Life imprisonment; 10 years’ supervised release (February 2, 2005)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment.
· William D. Hoopingarner – Marshall, IL
Offense: Conspiracy to distribute in excess of 500 grams of methamphetamine (mixture); Southern District of Indiana
Sentence: 168 months’ imprisonment; five years’ supervised release (April 25, 2008); amended to 135 months’ imprisonment (January 12, 2016)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Donnie Keith Howell – Goldsboro, NC
Offense: Conspiracy to possess and distribute cocaine base; distribution of cocaine base; Eastern District of North Carolina
Sentence: Life imprisonment; five years’ supervised release (March 13, 1995)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Andre M. Huggins – Bear, DE
Offense: Distribution of cocaine (two counts); conspiracy to distribute more than five kilograms of cocaine; maintaining a dwelling to distribute cocaine; money laundering (two counts); District of Delaware
Sentence: 240 months’ imprisonment; 10 years’ supervised release (August 21, 2006)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Tony Orlando Hughes – Newport News, VA
Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base; distribute cocaine base (22 counts); distribute cocaine (two counts); possession of firearm during and in relation to a drug trafficking crime (eight counts); possess with intent to distribute cocaine (three counts); Eastern District of Virginia
Sentence: 2,616 months’ imprisonment; 10 years’ supervised release (November 29, 2004)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Virgilio Jimenez – Manhattan, NY
Offense: Possession with intent to distribute five grams or more of cocaine base ; District of Rhode Island
Sentence: 292 months’ imprisonment; eight years’ supervised release (March 23, 2006)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Alphonso Johnson – Orlando, FL
Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base; Middle District of Florida
Sentence: 360 months’ imprisonment; five years’ supervised release (July 2, 1999)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Gerald Jerome Johnson – Jamestown, ND
Offense: Possession with intent to distribute a controlled substance; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; District of North Dakota
Sentence: Life plus 25 years’ imprisonment (October 10, 2006)Commutation Grant: Prison sentence commuted to a term of 300 months’ imprisonment.
· Tony O’Neal Johnson – Mexia, TX
Offense: Possession with intent to distribute at least five grams of cocaine base (three counts); Western District of Texas
Sentence: 292 months’ imprisonment; eight years’ supervised release, $3,000 fine (June 22, 2005); amended to 210 months’ imprisonment (May 16, 2007)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, and unpaid balance of $3,000 fine remitted, conditioned upon enrollment in residential drug treatment.
· Charles Jermaine Keitt – Orangeburg, SC
Offense: Possession with intent to distribute 5 grams or more of cocaine base and a quantity of cocaine, and a quantity of marijuana; District of South Carolina
Sentence: 262 months’ imprisonment; eight years’ supervised release (September 23, 2008)Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment.
· Jaleel Abdul Lafi, III – Hopkins Park, IL
Offense: Distribution of five or more grams of cocaine base ("crack") (three counts); distribution of 50 or more grams of cocaine base ("crack"); possession of a firearm in relation to drug trafficking crime; Central District of Illinois
Sentence: 180 months’ imprisonment; five years’ supervised release (February 17, 2009)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Bobby Earl Lee – St. Petersburg, FL
Offense: Possession with the intent to distribute 50 grams or more of cocaine base; possession with the intent to distribute five grams or more of cocaine base; possession of a firearm in relation to a drug trafficking crime; Middle District of Florida
Sentence: Life plus 60 months’ imprisonment (September 16, 1994)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Edward Monroe Little – Maiden, NC
Offense: Conspiracy to possess with intent to distribute quantities of cocaine and cocaine base; possessing with intent to distribute, a quantity of cocaine base, and aiding and abetting; Western District of North Carolina
Sentence: Life imprisonment; 10 years’ supervised release (January 10, 2005)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· John Lockett – Houston, TX
Offense: Conspiracy to possess with intent to distribute crack cocaine; possession with intent to distribute crack cocaine (two counts); Southern District of Texas
Sentence: Life imprisonment; 10 years’ supervised release; $5,000 fine (September 26, 1997)Commutation Grant: Prison sentence commuted to expire on February 24, 2017 and unpaid balance of the $5,000 fine remitted.
· Alberto Lopez – Gardner, MA
Offense: Conspiracy to possess heroin and cocaine base with intent to distribute; possession of heroin with intent to distribute and distribution of heroin; possession of cocaine base with intent to distribute and distribution, aiding and abetting (three counts); District of Massachusetts
Sentence: Life imprisonment; six years’ supervised release (June 4, 1996)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Rico Mayo – Benicia, CA
Offense: Possession of five or more grams of cocaine base; use of a firearm during and in relation to a drug trafficking crime; possession with intent to distribute cocaine base; Eastern District of California
Sentence: 420 months’ imprisonment; five years’ supervised release (February 9, 1998)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· James A. McKines – Las Vegas, NV
Offense: Conspiracy to possess with intent to distribute phencyclidine (PCP); possession with intent to distribute PCP; interstate travel in aid of racketeering; Western District of Missouri
Sentence: Life imprisonment; 10 years’ supervised release; $40,000 fine (November 2, 1989)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Otis McRay – Satsuma, FL
Offense: Conspiracy to distribute 5 kilograms or more of cocaine and 50 grams or more of cocaine base; distribution of 5 grams or more of cocaine base (two counts); Middle District of Florida
Sentence: Life imprisonment; eight years’ supervised release (November 26, 2001)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Terrance Ramon Merritt – Fort Walton Beach, FL
Offense: Conspiracy to possess with intent to distribute 5 kilograms or more of a mixture and substance containing a detectable amount of cocaine, 50 grams or more of a mixture and substance containing cocaine base; 3,4 methylenedioxymethamphetamine (MDMA) and marijuana; possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine, a detectable amount of MDMA and a detectable amount of marijuana; possession of a firearm by a convicted felon; Northern District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (March 15, 2007)Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Thomas Lee Miller – Emmons, MN
Offense: Manufacturing or attempt to manufacture five grams or more of actual (pure) methamphetamine within 1,000 feet of a protected location after having a prior felony drug conviction; Northern District of Iowa
Sentence: 360 months’ imprisonment; 16 years’ supervised release (December 18, 2003)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Jose Flores Molina – Nampa, ID
Offense: Possession with intent to distribute heroin; possession with intent to distribute methamphetamine; District of Idaho
Sentence: 360 months’ imprisonment; eight years’ supervised release, $3,000 fine (January 30, 2003)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Ernest Moore, Jr. – Tuskegee, AL
Offense: Distribution of cocaine base (two counts); possession with intent to distribute cocaine base (two counts); carrying a firearm in connection with a drug trafficking offense; Middle District of Alabama
Sentence: 180 months’ imprisonment; five years’ supervised release (February 17, 2005)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Michael Howard Motes – Wilmington, NC
Offense: Conspiracy to distribute and possess with intent to distribute methamphetamine and amphetamine; possession with intent to distribute methamphetamine and amphetamine; Northern District of Georgia
Sentence: Life imprisonment; 10 years’ supervised release; $10,000 fine (June 30, 1999)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment and unpaid balance of the $10,000 fine remitted.
· Randall C. Moyer – Salt Lake City, UT
Offense: Attempted manufacture of 50 grams or more of actual methamphetamine; District of Utah
Sentence: 240 months’ imprisonment; five years’ supervised release; $2,729.97 restitution (July 25, 2006)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, and unpaid balance of $2,729.97 restitution obligation remitted, conditioned upon enrollment in residential drug treatment.
· Francisco Navarro – San Diego, CA
Offense: Importation of heroin; possession of heroin with intent to distribute; Southern District of California
Sentence: 240 months’ imprisonment; 10 years’ supervised release (August 11, 2008)Commutation Grant: Prison sentence commuted to a term of 168 months’ imprisonment.
· David Neighbors – Evansville, IN
Offense: Conspiracy to distribute 50 grams or more of cocaine base and less than 500 grams of cocaine hydrochloride; distribution of five grams or more of cocaine base (two counts); possession with intent to distribute more than 50 grams of cocaine base; Southern District of Indiana
Sentence: Life imprisonment; 10 years’ supervised release (December 17, 2008)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Larry Anthony Nesby – Cairo, IL
Offense: Conspiracy to distribute 50 grams or more of cocaine base (two counts); Southern District of Illinois
Sentence: Life imprisonment; $400 fine (October 3, 2002)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Rasheed Jamal Olds – Kansas City, KS
Offense: Conspiracy to distribute cocaine and crack cocaine; conspiracy to launder money; District of Kansas
Sentence: Life imprisonment; five years’ supervised release (May 7, 1997); amended to 360 months’ imprisonment (October 18, 2011)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Robert O’Neal – Fort Lauderdale, FL
Offense: Conspiracy to possess with intent to distribute crack cocaine; possess with intent to distribute crack cocaine (two counts); Southern District of Florida
Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 24, 2003)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Antonio D. Patrick – Halls, TN
Offense: Possession with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine; Western District of Tennessee
Sentence: 262 months’ imprisonment; five years’ supervised release (October 11, 2002)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Harold Eugene Patton – Morganton, NC
Offense: Conspiracy to possess with intent to distribute cocaine base; Western District of North Carolina
Sentence: Life imprisonment; 10 years’ supervised release (November 19, 2008)Commutation Grant: Prison sentence commuted to a term of 235 months’ imprisonment.
· George Pearson, Jr. – Clearwater, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine base; Middle District of Florida
Sentence: 240 months’ imprisonment; 10 years’ supervised release (July 2, 2004)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Anthony Pender – Laurel, MD
Offense: Possession of a firearm by convicted felon; possession with intent to distribute 50 grams or more of cocaine base; District of Maryland
Sentence: Life imprisonment; 10 years’ supervised release (December 4, 2006)Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Bobby Clarence Perry – Commerce, GA
Offense: Conspiracy to distribute methamphetamine; conspiracy to distribute cocaine and marijuana; Northern District of Georgia
Sentence: Life imprisonment; 10 years’ supervised release; $5,000 fine (September 13, 1999)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Reisa Lynn Pettiette – Athens, TX
Offense: Conspiracy to manufacture, distribute and possess with intent to manufacture and distribute methamphetamine; conspiracy to possess a listed chemical knowing it will be used to manufacture a controlled substance; possession of a listed chemical with intent to manufacture a controlled substance; possession and distribution of a listed chemical with intent to manufacture a controlled substance; possession of an unregistered firearm; use, carrying, and possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Texas
Sentence: 240 months’ imprisonment; five years’ supervised release (October 16, 2003)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Brett Rolland Poore – Austin, TX
Offense: Conspiracy to possess with intent to distribute more than 50 grams of methamphetamine; possession with intent to distribute more than 50 grams of methamphetamine, aiding and abetting; Western District of Texas
Sentence: 262 months’ imprisonment; five years’ supervised release (September 23, 2005)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Lesean Roberts – Euclid, OH
Offense: Possession with intent to distribute cocaine base, and aiding and abetting; possession with intent to distribute cocaine hydrochloride; Northern District of Ohio
Sentence: Life imprisonment; 10 years’ supervised release (May 22, 2007)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment.
· Darrell E. Robinson – Sacramento, CA
Offense: Conspiracy to distribute at least 50 grams of cocaine base; Eastern District of California
Sentence: 262 months’ imprisonment; five years’ supervised release (August 4, 2006)Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Charles McKinley Russell, Jr. – Brentwood, MD
Offense: Possession with intent to distribute crack cocaine; District of Maryland
Sentence: 292 months’ imprisonment; 10 years’ supervised release; $1 fine (May 18, 1999)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Ronnie Dean Shelton – Floyd, VA
Offense: Possession of more than five grams of methamphetamine with intent to distribute; Western District of Virginia
Sentence: 188 months’ imprisonment; five years’ supervised release (November 19, 2008)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Alicia Siller – Coleman, TX
Offense: Conspiracy to distribute and possess with intent to distribute more than 500 grams of methamphetamine and aiding and abetting; possession with intent to distribute more than 50 grams or methamphetamine and aiding and abetting; use of a person under 18 years of age in drug operations and aiding and abetting; Northern District of Texas
Sentence: 262 months’ imprisonment; six years’ supervised release (October 24, 2003)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Leon Smallwood – Alton, IL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (three counts); felon in possession of a firearm; Southern District of Illinois
Sentence: Life imprisonment; eight years’ supervised release; $2,500 fine (October 2, 1998)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Michael Anthony Smith – Charlottesville, VA
Offense: Possession with intent to distribute cocaine base; Western District of Virginia
Sentence: 360 months’ imprisonment; five years’ supervised release; $500 fine (October 23, 1997)Commutation Grant: Prison sentence commuted to expire on November 26, 2016.
· Oscar A. Smith, Jr. – North Charleston, SC
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of cocaine base ("crack"); District of South Carolina
Sentence: 240 months’ imprisonment; 10 years’ supervised release (July 18, 2005)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Terrence Tyron Smith – Richmond, KY
Offense: Distribution of five grams or more of cocaine base (crack cocaine); possession with the intent to distribute five grams or more of cocaine base (crack cocaine); Eastern District of Kentucky
Sentence: 240 months’ imprisonment; eight years’ supervised release (March 7, 2007)Commutation Grant: Prison sentence commuted to a term of 172 months’ imprisonment.
· Tyrone Lamont Smith – New York, NY
Offense: Conspiracy to distribute cocaine base; Western District of Virginia
Sentence: 360 months’ imprisonment; 10 years’ supervised release (June 12, 1995)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Mervin Spencer – Hahnville, LA
Offense: Possession with intent to distribute cocaine base; distribution of cocaine base (two counts); Eastern District of Louisiana
Sentence: Life imprisonment; 10 years’ supervised release (September 13, 2006)Commutation Grant: Prison sentence commuted to a term of 300 months’ imprisonment.
· Gary Don Starnes – Warsaw, MO
Offense: Possession with intent to distribute 50 grams or more of methamphetamine; Eastern District of Missouri
Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 6, 2010)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Damian Roman Steplight – Dale City, VA
Offense: Conspiracy to distribute 50 grams or more of crack cocaine; Eastern District of Virginia
Sentence: Life imprisonment; 10 years’ supervised release (January 25, 2002)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment.
· Brandon Terrell Stevenson – Gainesville, FL
Offense: Conspiracy to distribute and to possess with intent to distribute more than five kilograms of a mixture and substance containing cocaine and more than 50 grams of a mixture and substance containing cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (October 30, 2009)Commutation Grant: Prison sentence commuted to a term of 210 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Edwin Reginald Straughter – Hobe Sound, FL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (two counts); possession with intent to distribute cocaine base; Southern District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (February 20, 1996)Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Carlos Stuckey – Apopka, FL
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (February 10, 2009)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Michael Dewayne Tensley – Marianna, FL
Offense: Distribution of more than 50 grams of cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (September 27, 2006)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Jeffery James Terrell – Jasper, AL
Offense: Possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; Northern District of Alabama
Sentence: Life imprisonment; 10 years’ supervised release (March 15, 2007)Commutation Grant: Prison sentence commuted to expire on February 24, 2017.
· Lenthius D. Thomas – Ocala, FL
Offense: Conspiracy to distribute and possession with intent to distribute cocaine and cocaine base; Middle District of Florida
Sentence: Life imprisonment; 10 years’ supervised release (June 24, 1998)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Stanley D. Thomasson – Poplar Bluff, MO
Offense: Used/carried firearms during drug trafficking crime (two counts); possession of Schedule II narcotic controlled substance (three counts); Eastern District of Missouri
Sentence: 421 months’ imprisonment; four years’ supervised release (April 5, 1994); amended to 397 months’ imprisonment (June 9, 2015)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Danny Demar Turner – Madison, WI
Offense: Distribution of a mixture or substance containing cocaine base (crack cocaine) (three counts); Western District of Wisconsin
Sentence: 210 months’ imprisonment; three years’ supervised release (August 12, 2008)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Hayzen Turner, Jr. – Adamsville, AL
Offense: Distribution of a mixture and substance containing cocaine base (three counts); distribution of 50 grams or more of a mixture and substance containing cocaine base (two counts); possession with intent to distribute a quantity of a mixture and substance containing cocaine base, cocaine hydrochloride and marijuana; carrying a firearm during and in relation to a drug trafficking offense; felon in possession of a firearm (three counts); Northern District of Alabama
Sentence: Life imprisonment; 10 years’ supervised release (December 18, 2007)Commutation Grant: Prison sentence commuted to a term of 180 months’ imprisonment.
· Mark Walker – Jasper, MO
Offense: Conspiracy to distribute in excess of 500 grams of methamphetamine; Western District of Missouri
Sentence: 235 months’ imprisonment; five years’ supervised release (August 15, 2005)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Kevin Washington – Owensboro, KY
Offense: Conspiracy to possess with intent to distribute and distribute 50 grams or more of cocaine base and 500 grams or more of cocaine; aiding and abetting knowingly and intentionally possess with intent to distribute and distribute 50 grams or more of cocaine base (three counts); Western District of Kentucky
Sentence: 240 months’ imprisonment; 10 years’ supervised release (June 18, 2004)Commutation Grant: Prison sentence commuted to expire on May 1, 2017.
· Kevin Washington – Oxford, NC
Offense: Possession with intent to distribute more than 50 grams of cocaine base (crack); Eastern District of North Carolina
Sentence: Life imprisonment; 10 years’ supervised release (October 11, 2006)Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Robert Wettstain – Beaver Dam, KY
Offense: Conspiracy to knowingly and intentionally possess with intent to distribute methamphetamine; aiding and abetting knowingly and intentionally possessing with intent to distribute methamphetamine (two counts); Western District of Kentucky
Sentence: Life imprisonment; 10 years’ supervised release (May 15, 2008)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Daryl Wilkes – Virginia Beach, VA
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine base and cocaine; knowingly and intentionally distribute cocaine base (20 counts); knowingly possess a firearm in furtherance of a drug trafficking crime (two counts); knowingly and intentionally distribute cocaine (eight counts); knowingly and intentionally possess with intent to distribute cocaine base; knowingly and intentionally possess with intent to distribute cocaine (two counts); Eastern District of Virginia
Sentence: 952 months’ imprisonment; five years’ supervised release (June 16, 2004); amended to 780 months’ imprisonment (October 4, 2006); amended to 480 months’ imprisonment (May 2, 2008)Commutation Grant: Prison sentence commuted to a term of 300 months’ imprisonment.
· Anthony K. Williams – Indianapolis, IN
Offense: Possession with intent to distribute 50 grams or more of cocaine base (mixture); possession of cocaine; Southern District of Indiana
Sentence: 240 months’ imprisonment; 10 years’ supervised release; $500 fine (April 4, 2008)Commutation Grant: Prison sentence commuted to expire on October 27, 2018, conditioned upon enrollment in residential drug treatment.
· Donald Jamal Wilson – Huntington, WV
Offense: Conspiracy to distribute 50 grams or more of cocaine base and quantities of cocaine and heroin; intentionally make available for use, with or without compensation, an apartment for the purpose of storing cocaine base and heroin (two counts) ; Southern District of West Virginia
Sentence: Life imprisonment (March 24, 2008)Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· Bradley Lee Winters – Mason City, IA
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine; possession with intent to distribute 50 grams or more of actual methamphetamine; Southern District of Iowa
Sentence: 360 months’ imprisonment; 10 years’ supervised release (March 18, 2009)Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
· William Abel Yates – Durham, NC
Offense: Possess with intent to distribute cocaine base (crack); Middle District of North Carolina
Sentence: Life imprisonment; 10 years’ supervised release (August 24, 1998)Commutation Grant: Prison sentence commuted to a term of 300 months’ imprisonment, conditioned upon enrollment in residential drug treatment.
Philadelphia Woman Charged with Fraud in Identity Theft SchemeRead the Press Release
Dominique Washington, 27, of Philadelphia, PA was charged today by Indictment Complaint with conspiracy, access device fraud and aggravated identity theft, in a scheme, involving numerous individuals, in which fraudulent Sears credit accounts were opened in victims’ names and co-conspirators, whose names were added as authorized users to those accounts, then made fraudulent purchases with those credit accounts at Sears and Kmart stores announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of 19 years imprisonment, a $1,000,000 fine and a $400 special assessment
The case was investigated by Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney K.T. Newton.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Owner of Investment Company “Capital Finance Group, LLC" Charged with Running an Advance Fee SchemeRead the Press Release
A South Florida resident was arrested and charged with stealing clients’ money for his own personal benefit.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Drew J. Breakspear, Commissioner, Florida Office of Financial Regulation, made the announcement.
Benjamin Crozier, 39, of Coral Springs, Florida, has been arrested and charged with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, and four counts of wire fraud, in violation of Title 18, United States Code, Section 1343.
According to the indictment, between June 2011 and June 2012, Crozier was the manager and registered agent for Capital Finance Group, LLC (“Capital Finance”). Crozier and others falsely represented to individuals that Capital Finance was a company that would secure loans for its clients to finance business projects in return for a small advanced payment, generally between $5,000 and $10,000. In furtherance of the scheme, Crozier and others represented that Capital Finance had contacts with financial lenders interested in providing funding for various business projects of Capital Finance’s clients. The indictment further alleges that Crozier misled prospective borrowers by promising them that the advance fees were fully refundable at the clients’ option if Capital Finance did not obtain financing for its clients within one year and that, in fact, Crozier and his co-conspirators used the clients’ money for their own personal benefit.
In furtherance of the scheme, the indictment alleges that Crozier and others sent individuals a document from “Santander Lending LLC” that purported to be issued by Banco Santander and used registered trademarks of Banco Santander without the bank’s knowledge or permission.
Mr. Ferrer commended the investigative efforts of ICE-HSI and the Florida Office of Financial Regulation. The case is being prosecuted by Assistant United States Attorney Brooke Watson.
An indictment is only an accusation and a defendant is presumed innocent unless and until proven guilty.
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.
Owner of Arkansas Juvenile Mental Health Facilities Sentenced to 84 Months in Prison for Bribery SchemeRead the Press Release
The owner of two Arkansas mental health companies that provide inpatient and outpatient mental health services to juveniles was sentenced to serve 84 months in prison today for engaging in a scheme to bribe a former deputy director of the Arkansas Department of Human Services (ADHS), announced Assistant Attorney General Leslie R. Caldwell of the Department of Justice’s Criminal Division.
Theodore E. Suhl, 50, of Warm Springs, Arkansas, was previously convicted of two counts of honest services fraud, one count of federal funds bribery and one count of interstate travel in aid of bribery. In addition to his prison sentence, Suhl was ordered to pay a $200,000 fine.
The evidence presented at trial showed that Suhl bribed former deputy director of ADHS, Steven B. Jones, using intermediaries Phillip W. Carter and a local pastor. Beginning in approximately April 2007, Suhl, Jones and Carter periodically met at restaurants in Memphis, Tennessee, or in rural Arkansas in order for Suhl to request assistance for his companies from Jones in his capacity as deputy director of ADHS. Jones agreed to perform official acts that benefitted Suhl and Suhl’s businesses and provided internal ADHS information to Suhl. In exchange for Jones’s agreement to perform official acts, Suhl paid Jones by funneling cash payments through the pastor’s church and providing the bribe payments to Jones in cash so that the transactions would not be easily traceable. Putting Jones on Suhl’s illicit payroll paved the way for more than $1.5 million in profits for Suhl’s juvenile mental health counseling business.
Jones pleaded guilty to federal funds bribery and conspiracy for his involvement in the scheme and was sentenced to 30 months in prison. Carter pleaded guilty to conspiracy to commit federal funds bribery and honest services wire fraud and was sentenced to 24 months in prison.
The FBI’s Little Rock Field Office investigated the case. Trial Attorneys John D. Keller, Lauren Bell and Amanda R. Vaughn of the Criminal Division’s Public Integrity Section prosecuted the case.
Owner of Arkansas Juvenile Mental Health Facilities Sentenced to 84 Months in Prions for Bribery SchemeRead the Press Release
WASHINGTON – The owner of two Arkansas mental health companies that provide inpatient and outpatient mental health services to juveniles was sentenced to serve 84 months in prison today for engaging in a scheme to bribe a former deputy director of the Arkansas Department of Human Services (ADHS), announced Assistant Attorney General Leslie R. Caldwell of the Department of Justice’s Criminal Division.
Theodore E. Suhl, 50, of Warm Springs, Arkansas, was previously convicted of two counts of honest services fraud, one count of federal funds bribery and one count of interstate travel in aid of bribery. In addition to his prison sentence, Suhl was ordered to pay a $200,000 fine.
The evidence presented at trial showed that Suhl bribed former deputy director of ADHS, Steven B. Jones, using intermediaries Phillip W. Carter and a local pastor. Beginning in approximately April 2007, Suhl, Jones and Carter periodically met at restaurants in Memphis, Tennessee, or in rural Arkansas in order for Suhl to request assistance for his companies from Jones in his capacity as deputy director of ADHS. Jones agreed to perform official acts that benefitted Suhl and Suhl’s businesses and provided internal ADHS information to Suhl. In exchange for Jones’s agreement to perform official acts, Suhl paid Jones by funneling cash payments through the pastor’s church and providing the bribe payments to Jones in cash so that the transactions would not be easily traceable. Putting Jones on Suhl’s illicit payroll paved the way for more than $1.5 million in profits for Suhl’s juvenile mental health counseling business.
Jones pleaded guilty to federal funds bribery and conspiracy for his involvement in the scheme and was sentenced to 30 months in prison. Carter pleaded guilty to conspiracy to commit federal funds bribery and honest services wire fraud and was sentenced to 24 months in prison.
The FBI’s Little Rock Field Office investigated the case. Trial Attorneys John D. Keller, Lauren Bell and Amanda R. Vaughn of the Criminal Division’s Public Integrity Section prosecuted the case.
Orlando Men Charged with Carjacking and Firearms OffensesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Eugene Willis (22, Orlando), Sedrick Lamar Hamilton (24, Orlando), and Justin Deontae Crumpton (18, Orlando) with carjacking and firearms offenses. If convicted, each faces a maximum penalty of life in federal prison.
According to the indictment, on October 8, 2015, Willis, Hamilton, and Crumpton carjacked a victim at gunpoint in Brandon, FL, taking his 2012 Dodge Charger. The men led law enforcement officers on a high-speed chase, ultimately crashing the stolen car. Willis, Hamilton, and Crumpton then carjacked a second victim at gunpoint, taking her 2013 Kia Optima in Lakeland. After crashing this vehicle, the men fled into a local restaurant. After a several-hour standoff, they were arrested.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Hillsborough County Sheriff’s Office, the Lakeland Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.
Oklahoma Pair Sentenced to Total of 8 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Che Raffael Tidwell and Jill Allison Bradley both of Pocola, Oklahoma, were sentenced today on one count each of Aiding and Abetting the Distribution of Methamphetamine. Tidwell, age 37, was sentenced to 60 months in federal prison followed by three years of supervised release. Bradley, age 37, was sentenced to 36 months in federal prison followed by three years of supervised release. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearings in the United States District Court in Fort Smith.
According the plea agreements, on or about January 21, 2016, law enforcement agents arranged for a controlled purchase of one ounce of methamphetamine from Tidwell and Bradley. Tidwell was given $1,000 in exchange for what has been determined to be 28.9 grams of a substance containing 95.9% methamphetamine. Tidwell and Bradley were indicted by a federal grand jury in March, 2016 and each pleaded guilty in June, 2016.
The investigation was led by the Drug Enforcement Administration, Sebastian County Sheriff’s Office, Crawford County Sheriff’s Office, Arkansas State Police, Fort Smith Police Department, Van Buren Police Department, 12th Judicial Drug Task Force, and the 21st Judicial Drug Task Force. Assistant United States Attorney Aaron Jennen prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Newport Resident Sentenced to Serve 188 Months in Prison for Unlawfully Possessing FirearmsRead the Press Release
GREENEVILLE, Tenn. – On Oct 25, 2016, Freddie Coufax Swaggerty, 52, of Newport, Tenn., was sentenced by the Honorable R. Leon Jordan, U.S. District Court Judge, to serve 188 months in federal prison. Swaggerty was also ordered to remain under supervised release by the U.S. Probation Office for five years after he is released from federal prison and pay a $100 special assessment.
After a jury trial, Swaggerty was convicted in May 2016 of two counts of being a convicted felon in possession of a firearm. Evidence produced at trial established that Swaggerty approached Cocke County Sheriff’s Officers on the Cocke County Courthouse lawn with three loaded firearms protruding from his pockets.
The charges against Swaggerty were the result of an investigation conducted by the Cocke County Sheriff’s Office. Assistant U.S. Attorneys Helen Smith and Corey Shipley represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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Newark Man Charged with Possession of 25 Kilograms of Heroin and Eight Kilograms of Cocaine with Intent to DistributeRead the Press Release
NEWARK, N.J. – A Newark man was charged today with possession with intent to distribute illegal narcotics, U.S. Attorney Paul J. Fishman announced.
Wilfredo Rodriguez Escobar, 52, is charged by complaint with one count of possession with intent to distribute approximately 25 kilograms of heroin and approximately eight kilograms of cocaine, and one count of being a felon in possession of a firearm. He appeared today before U.S. Magistrate Judge Steven C. Mannion in Newark federal court and was detained without bail.
According to the complaint:
On Oct. 26, 2016, law enforcement arrested Rodriguez Escobar at his apartment after finding, pursuant to a search, a hidden compartment that contained heroin, cocaine, more than $300,000 in cash and a firearm.
The drug charge carries a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life, and a $10 million fine.
U.S. Attorney Fishman credited the Drug Enforcement Administration’s, New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office Narcotics/OCDETF Unit in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender
New Orleans Man Sentenced for Mail Fraud in Aftermath of BP Oil SpillRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KEVIN RICHARD, age 26, of New Orleans, was sentenced today after previously pleading guilty to engaging in mail fraud for his role in submitting a fraudulent application for disaster assistance money in the aftermath of the Deepwater Horizon oil spill.
U.S. District Judge Eldon E. Fallon sentenced RICHARD to six months imprisonment, followed by three years of supervised release and $26,000 in restitution.
According to court documents, the Gulf Coast Claims Facility (GCCF) made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion that occurred on April 20, 2010. The GCCF offered multiple types of claims related to the Deepwater Horizon incident for which it would issue payment. One of the types of claims offered by the GCCF was a “Quick Payment Final Claim,” which provided that a claimant who had received a prior EAP or Interim Payment from GCCF could receive, without further documentation of losses caused by the BP oil spill, a one-time final payment of $5,000 for individuals and $25,000 for businesses. Claimants seeking a Quick Payment were required to submit with their claim form a “Release and Covenant Not to Sue.” To be eligible to receive funds via a Quick Payment Final Claim, an applicant had to previously submit a successful (i.e., paid) initial claim containing proof of costs, damages, and other losses incurred as a result of the oil discharges due to the Deepwater Horizon incident.
On November 3, 2010, RICHARD applied for disaster assistance funds, representing that he worked as a cook for New Orleans Paddlewheels, Inc. at the time of the oil spill. In fact, RICHARD was not employed by New Orleans Paddlewheels, Inc. at all. As a result of this, and other, fraudulent representations, the GCCF sent a check in the amount of $21,000 to RICHARD, which he cashed. Subsequently, on January 3, 2011, RICHARD completed, signed, and mailed to the GCCF a Quick Payment Final Claim Form seeking an additional payment of $5,000, which the GCCF issued on January 14, 2011. RICHARD cashed this check on January 18, 2011.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
U.S. Attorney Polite praised the work of the United States Secret Service in investigating this matter. Assistant U.S. Attorney Jordan Ginsberg was in charge of the prosecution.
New Orleans Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOSEPH RIVERA, age 34, of New Orleans, pled guilty today to a one-count Indictment charging him with receipt of images and videos depicting the sexual exploitation of children.
According to court documents, law enforcement officials executed a search warrant at RIVERA’S residence on August 6, 2015, during which time they seized numerous electronic items including two computers, two external digital storage devices, and two DVDs contained images and videos of child pornography. A forensic examination of the device revealed that RIVERA’S used the devices to search for, download, and save images and videos of children as young as approximately one-year-old engaging in sexually explicit conduct. The forensic examination located approximately 6900 images and 885 videos of prepubescent children engaging in sexually explicit on RIVERA’S digital devices.
RIVERA faces a mandatory minimum of five years’ imprisonment and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count. He can also be required to register as a sex offender. U.S. District Judge Carl J. Barbier set sentencing for January 26, 2017.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg and Special Assistant United States Attorney J. Ryan McLaren are in charge of the prosecution.
New Haven Man Sentenced to 2 Years in Federal Prison for Distributing Heroin and CrackRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that SEAN LONDON, 23, of New Haven, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 24 months of imprisonment, followed by three years of supervised release, for distributing heroin and crack cocaine.
This matter stems from an investigation into a New Haven-area heroin and crack distribution ring headed by Shawn Miller, also known as “White Boy Shawn” and Paul Colon, also known as “Paul Cane.” According to court documents and statements made in court, the investigation revealed that members of the ring took orders over a cellphone from drug customers in several shoreline communities for quantities of heroin and crack cocaine, and then delivered the drugs by car. LONDON was the primary user of the organization’s cellphone from April 16 to May 4, 2015, and sold heroin and crack to numerous customers during that time period.
LONDON was arrested on June 10, 2015. On June 24, 2016, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin and cocaine base (“crack cocaine”).
Miller and Colon have pleaded guilty and await sentencing.
This matter has been investigated by the FBI’s New Haven Safe Streets Task Force in cooperation with the Drug Enforcement Administration and the New Haven, West Haven, Milford, Hamden and other local police departments, and the Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys H. Gordon Hall and Jennifer R. Laraia.
Montgomery Woman is Sentenced for Fraudulent Tax ReturnsRead the Press Release
On Wednesday, October 26, 2016, Nicole Coleman, 34, of Montgomery, Alabama was sentenced by Chief United States District Judge W. Keith Watkins to 36 months in prison. Coleman’s sentence came after she pled guilty to making false statements in a federal income tax return.
Coleman previously was the owner and operator of Community Tax Associates, LLC—a Montgomery income tax return preparation business. Through that business, Coleman filed federal income tax returns for herself and clients. When she filed those returns, she made knowingly false entries intending to drive up the amount of refunds the filer would receive. Coleman then took a portion of all refunds as a fee. Between 2014 and 2015, Coleman obtained an estimated $1,654,781.03 in fraudulent refunds from the United States.
“By filing these fraudulent tax returns, the defendant stole taxpayers’ hard earned money,” stated United States Attorney George L. Beck, Jr. “In doing so, she harmed her clients, who trusted her to prepare and file their income tax returns, as well as all citizens who honestly filed their income tax returns. I am proud of the Internal Revenue Service’s and this office’s efforts to stamp out tax fraud like this.”
The Internal Revenue Service’s Criminal Investigations Division investigated the case. Assistant United States Attorney Jonathan S. Ross prosecuted the case.
Missouri Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Stephen Eugene Raeuber, 37, of Park Hills, Mo., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Raeuber was arrested in Aug. 2016, on a criminal complaint alleging that he possessed more than a pound and a half of methamphetamine in Otero County, N.M. According to the complaint, Raeuber was arrested after U.S. Border Patrol agents at the U.S. Border Patrol station near Alamogordo, N.M., seized crystal methamphetamine and drug paraphernalia from the vehicle Raeuber was driving.
During today’s proceedings, Raeuber pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Raeuber admitted that on Aug. 21, 2016, he entered the U.S. Border Patrol checkpoint on Highway 54 in a vehicle containing a safe box with methamphetamine, which was found by Border Patrol agents during a routine inspection. Raeuber admitted knowing that the methamphetamine was in the vehicle and that he intended to deliver the methamphetamine to other individuals in exchange for money.
At sentencing, Raeuber faces a statutory minimum penalty of ten years and a maximum of life in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney Clara Nevarez Cobos is prosecuting the case.
Mission Man Charged with Burglary and Identity TheftRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Burglary, Identity Theft, Larceny, and Forgery.
Bryan Raye Herman, age 51, was indicted on October 18, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on October 24, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between June 20, 2016, and July 20, 2016, Herman broke into the home of an acquaintance in Todd County, South Dakota, and stole multiple blank checks, which he subsequently cashed at various locations by forging the account holder’s signature.
The charges are merely accusations and Herman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Herman was released on bond pending trial. A trial date has not been set.
Mining Company Owners Sentenced on Fraud ChargesRead the Press Release
St. Louis, MO – Cristopher Cristea and David Corey Tolle were sentenced to 46 months in prison and ordered to pay restitution of $1,724,158; and three years probation and restitution of $526,750, respectively, on charges involving the solicitation of investors with promises of large returns from mining activities. Instead, the money was used to pay personal expenses and repay earlier investors. Tolle was sentenced today. Cristea was sentenced last week.
According to court documents, Cristea and Tolle formed Cristol Enterprises, LLC and Charis Minerals, Inc. They solicited investors for Cristol Enterprises, LLC and Charis Minerals, Inc., which purported to be in the business of exploring for and extracting valuable minerals, such as gold, silver, copper, lead and zinc, through mining operations in the western United States, including Arizona and Oregon, and in Western Africa. The investors were told that the money would be used to purchase property and equipment and pay for administration and other expenses involved in the exploration. They were promised large returns on their investments, often over a short period of time. Instead, a substantial majority of the money was used for personal expenditures and unrelated business expenses. In one instance, Cristea used funds to provide student loans to beauty academy students, and in another instance, funds were used to repay an earlier investor.
In December 2014, after previously having been arrested on this indictment, Cristopher Cristea applied for a $1 million line of credit at a bank. In the application, he falsely stated that he was not a defendant in any suit or legal action. Additionally, he falsely stated that he had $295,000 cash in checking accounts and had securities – stocks/bonds/mutual funds – in the amount of $13,000,000.
David Corey Tolle, O’Fallon, MO, pled guilty earlier this year to one felony count of wire fraud. Cristopher Cristea, St. Charles, MO, pled guilty earlier this year to one felony count of conspiracy, four felony counts of wire fraud, one felony count of money laundering and one felony count of making a false statement to a financial institution. Both defendants appeared before United States District Judge Carol E. Jackson.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Steven Muchnick is handling the case for the U.S. Attorney’s Office.
Michigan Women Sentenced to 120 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Holly L. Nivens, 31, of Niles, Michigan was sentenced before Judge Jon E. DeGuilio, for possession with intent to distribute methamphetamine in excess of 500 grams.
Nivens was sentenced to 120 months’ imprisonment and 5 years of supervised release.
According to documents filed in this case, in April of 2016 Nivens received several pounds of methamphetamine after learning of the location of a large quantity of methamphetamine from a friend she met in prison. When released, she retrieved the quantity of methamphetamine, aided by other individuals, and then sold it. Nivens was arrested with six bricks of methamphetamine in her vehicle.
This case was prosecuted as a result of an investigation by the Drug Enforcement Administration. This case was handled by Assistant United States Attorney Jesse M. Barrett.
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Mexican National Sentenced for Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that EDWIN GAMBOA-REYES, age 25, a citizen of Mexico, was sentenced today after previously pleading guilty to a one-count Indictment charging him with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
U.S. District Court Judge Mary Ann Vial Lemmon sentenced GAMBOA-REYES to time served, which was approximately four months. GAMBOA-REYES will be surrendered to the custody of the U.S. immigration & Customs Enforcement for removal proceedings.
According to court documents, GAMBOA-REYES was encountered by law enforcement in Hammond on June 6, 2016. He had previously been removed from the United States on September 10, 2013.
U.S. Attorney Polite praised the work of Customs and Border Protection agents in investigating this matter. Assistant U.S. Attorney Jon Maestri was in charge of the prosecution.
Mexican National Pleads Guilty to Drug ConspiracyRead the Press Release
Pablo Orlando Rivera-Pachecho, a Mexican national, pled guilty in federal district court yesterday to conspiracy to possess with intent to distribute and to distribute over 10 kilograms of methamphetamine, United States Attorney for the Southern District of Illinois, Donald S. Boyce announced today. Rivera-Pachecho is being held in federal custody pending sentencing, which is scheduled for January 27, 2017, at 11:00 A.M. before the Honorable Michael J. Reagan, United States District Judge. Rivera-Pachecho faces a maximum sentence of life imprisonment, a $10 million fine, no less than five years of supervised release, and $100 special assessment fee.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Agencies participating in this case include the Drug Enforcement Administration, the Internal Revenue Service, Criminal Investigations, the Illinois State Police, and Fontana, California Police Department. This case was prosecuted by Assistant United States Attorney Monica A. Stump.
Matthews, N.C. Man Sentenced to More Than 10 Years on Child Pornography ChargesRead the Press Release
CHARLOTTE, N.C. – Dean Paul Stitz, 47, of Matthews, N.C. was sentenced yesterday by U.S. District Judge Robert J. Conrad, Jr. to 121 months in prison on child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Stitz was also ordered to serve a lifetime of supervised release and to register as a sex offender.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division joins U.S. Attorney Rose in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, from about May to about July 2014, law enforcement became aware that Stitz was using a peer-to-peer network to distribute child pornography on the Internet. According to court records, law enforcement executed a search warrant at Stitz’s residence, seizing his laptop computer and an external hard drive. Forensic analyses of those devices revealed that Stitz possessed well over 600 images and videos of child pornography, some of which depicted minors engaging in sadistic and masochistic conduct.
Stitz pleaded guilty in April 2016 to one count of distribution of child pornography. He is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was led by FBI. Assistant U.S. Attorney Lambert Guinn of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Matthew Martin Pleads Guilty to Multiple Bank Robberies and Other Violent Crimes Across Vermont and New HampshireRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Matthew T. Martin, 32, from the Springfield area of Vermont, appeared today in federal court in Burlington to plead guilty to a series of violent robberies he committed in 2015 across Vermont and New Hampshire. Martin, who is being detained, appeared before Judge William K. Sessions III to plead guilty to a Superseding Information charging him with eight robberies:
• Count 1: robbery of the People’s United Bank in Brattleboro, Vermont, on December 14, 2015;
• Count 2: robbery of the Heritage Family Credit Union in Ludlow, Vermont, on December 21, 2015;
• Count 3: robbery of the Windsor County South Credit Union in Springfield, Vermont, on January 28, 2015;
• Count 4: robbery of a gas station in Ludlow, Vermont, on February 7, 2015;
• Count 5: robbery of the Citizens Bank in Springfield, Vermont, on February 17, 2015;
• Count 6: robbery of the Greater Falls Pharmacy in Bellows Falls, Vermont, on November 11, 2015;
• Count 7: robbery of the Mascoma Savings Bank in Charlestown, New Hampshire, on December 1, 2015; and
• Count 8: robbery of the TD Bank North in Loudon, New Hampshire, on December 4, 2015.Under the terms of the proposed plea agreement filed with the Court—acceptance of which was deferred until sentencing proceedings on February 1, 2017 in Brattleboro—Martin will be sentenced to 180 months (15 years) imprisonment if the Court accepts the agreement. Under federal law, parole has been eliminated for federal defendants.
As charged in the Superseding Information, on December 14, 2015, Martin committed an armed robbery of a branch of the People’s United Bank in Brattleboro, Vermont. In committing this crime, Martin assaulted others by using a BB gun that resembled a firearm and by using a device that purported to be a bomb. When robbing this bank, like in some of his other robberies, Martin disguised himself as a woman, making it harder for law enforcement to identify him.
A week later, on December 21, 2015, Martin committed an armed robbery, this time of a branch of the Heritage Family Credit Union in Ludlow, Vermont. Again, Martin assaulted others by using a dangerous weapon, specifically, a BB gun that resembled a firearm.
Shortly thereafter, in late December 2015, Martin surrendered to law enforcement after the U.S. Marshals Service publicly named him a “Fugitive of the Week” based on outstanding arrest warrants and his ongoing crime spree. The December 2015 armed robberies committed by Martin were the latest in a string of violent crimes committed by Martin in 2015.
On January 28, 2015, Martin robbed a branch of the Windsor County South Credit Union in Springfield Vermont. During the commission of this robbery, Martin indicated to the teller that he had a gun, although he did not display a firearm.
On February 7, 2015, Martin robbed a Shell gas station in Ludlow, Vermont. During the commission of this robbery, Martin pointed a firearm at the gas station clerk.
On February 17, 2015, Martin robbed a branch of the Citizens Bank in Springfield, Vermont. During the commission of this robbery, Martin again indicated that he had a gun, although he did not display a firearm.
On November 11, 2015, Martin robbed the Greater Falls Pharmacy in Bellows Falls, Vermont. Again, Martin indicated that he had a gun, although he did not display one.
On December 1, 2015, Martin took his crime spree into New Hampshire, committing an armed robbery of a branch of the Mascoma Savings Bank in Charlestown, New Hampshire. During this robbery, Martin assaulted others by displaying a BB gun that resembled a firearm.
On December 4, 2015, Martin committed an armed robbery at a branch of the TD Bank North in Loudon, New Hampshire. Again, Martin assaulted others by displaying a BB gun that resembled a firearm.
The collaborative team that investigated the crimes committed by Martin included federal, state, and local law enforcement agents, including agents from the Federal Bureau of Investigation; the U.S. Marshals Service; the Vermont State Police; the New Hampshire State Police; and the police departments of Brattleboro, Springfield, Ludlow, and Bellows Falls.
In addition to the agents that investigated Martin’s crimes, United States Attorney Eric Miller also thanked law enforcement partners at the U.S. Attorney’s Office in New Hampshire; the Windsor County State’s Attorney’s Office; the Windham County State’s Attorney’s Office; the County Attorney’s Office in Sullivan County, New Hampshire; and the County Attorney’s Office in Merrimack County, New Hampshire, for their cooperation in helping reach a resolution that will result in Martin pleading guilty to each of these crimes and spending significant time in federal prison for his violent crimes across multiple jurisdictions.
The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Martin is represented by attorney Jordana Levine.
Manhattan U.S. Attorney Announces Extradition of International Arms Traffickers for Their Involvment in Conspiracy to Import Cocaine into the United StatesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Mark Hamlet, Special Agent in Charge of the Special Operations Division of the United States Drug Enforcement Administration (“DEA”), announced today the extradition of MEMET GEZER, a/k/a “Muhammad Altrky,” a/k/a “Wissam Abdel Rahman Younes,” a/k/a “Mohamed Subhe Al Gazar” (“GEZER”) and SABER KARIMCH, a/k/a “Abu Farouk” (“KARIMCH”), international arms traffickers charged with conspiring to sell large quantities of military-grade weaponry to individuals GEZER and KARIMCH believed were representatives of a Mexican drug trafficking organization (the “DTO”). GEZER and KARIMCH, were arrested by Montenegrin authorities on April 14, 2016, extradited from Montenegro today, and will be arraigned in front of United States Magistrate Judge Kevin Nathaniel Fox later today. The case is assigned to Chief United States District Judge Colleen McMahon.
U.S. Attorney Preet Bharara stated: “Highlighting the global nature and impact of the drug trade, two men from the Middle East working with what they believed to be members of a Mexican drug trafficking organization, allegedly agreed to provide military-grade weapons, including machine guns and rocket-propelled grenades, to help protect cocaine shipments headed for the United States. Thanks to the DEA’s relentless efforts, these alleged international arms traffickers are now on American soil facing criminal charges.”
Special Agent in Charge Mark Hamlet stated: “This global conspiracy uncovered by DEA and its partners further highlights the dangerous and potentially deadly connection between arms dealers and drug trafficking networks worldwide. DEA’s vast global presence allows us to pursue some of the world’s most dangerous criminals so they may face justice for their crimes in the United States.”
According to the Indictment and Complaints[1], which were unsealed in October 2016:
Between September 2015 and March 2016, GEZER and KARIMCH participated in a series of in-person meetings and telephone calls with individuals whom GEZER and KARIMCH understood to be representatives of a Mexican drug trafficking organization (the “DTO”). However, those individuals were, in fact, two DEA confidential sources (the “CSes”). During those meetings and telephone calls, which were recorded, GEZER and KARIMCH agreed to supply the DTO with high-powered weapons, including machine guns, grenades, and rocket-propelled grenades (“RPGs”), with the express understanding that those weapons would be used to protect large cocaine shipments as they traveled from and through Mexico for distribution in the United States.
In early 2016, one of the CSes met with GEZER in a foreign country. GEZER escorted the CS to a gated compound and showed the CS bulk quantities of weapons, including RPGs, grenades, sniper rifles, and machine guns. In February 2016, GEZER sent the CS videos of some of the weapons that GEZER had shown the CS in the gated compound to confirm that GEZER was ready to proceed with the weapons deal.
GEZER additionally offered to sell the CSes large sums of United States currency for a fraction of the currency’s face value, with the understanding that the money would help the CSes launder drug money for the DTO. In early February 2016, GEZER showed one of the CSes what appeared to be approximately $2 million in U.S. currency, which GEZER indicated was a small fraction of what GEZER could make available to the CSes.
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GEZER, 49, a citizen of Turkey, and KARIMCH, 50, a citizen of Syria, are each charged with one count of conspiracy to import cocaine into the United States, which carries a maximum sentence of life in prison and a mandatory sentence of 10 years in prison; two counts of attempting to import cocaine into the United States, each carrying a maximum sentence of life in prison and a mandatory sentence of 10 years in prison; and one count of conspiracy to aid and abet the possession of firearms in furtherance of drug trafficking offenses, which carries a maximum sentence of 20 years in prison. In addition, GEZER is charged with conspiracy to launder money, which carries a maximum sentence of 20 years in prison.
The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara praised the outstanding investigative efforts of the DEA’s Special Operations Division, the DEA’s Rome Country Office, and the Montenegrin National Police. The defendants’ arrests and subsequent extradition are also the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York and the Justice Department’s Office of International Affairs.
The case is being prosecuted by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Andrea Surratt and Ilan Graff are in charge of the prosecution.
The allegations contained in the Complaints and 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 Complaints and Indictment, and the description of the Complaints and Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Media Advisory – Press ConferenceRead the Press Release
Thursday, October 27, 2016, at 2:00 p.m.
U.S. Attorney’s Office
George Mahon Federal Building1205 Texas Avenue, Suite 700
Lubbock, TexasJohn Parker, United States Attorney, Northern District of Texas
Matt Powell, District Attorney, Lubbock County
Greg Stevens, Chief, Lubbock Police Department
Calvin Bond, Assistant Special Agent in Charge, DEA DallasCharles Cobb, Resident Agent in Charge, HSI Lubbock
Mike Reed, Chief Deputy, Lubbock County Sheriff’s Office
Gary Albus, Regional Commander, Texas Department of Public Safety
A Press Conference will be held today, Thursday, October 27, 2016, at 2:00 p.m. at the U.S. Attorney’s Office in Lubbock, Texas, to announce a critical law enforcement action. While no further information can be provided at this time about the specific enforcement action, members of the media may contact [email protected] regarding logistical questions.
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Los Angeles Investment Adviser Charged with Securities Fraud for Stealing More Than $1.5 Million from ClientsRead the Press Release
Marc Broidy, the founder, Principal, and Chief Executive Officer of Broidy Wealth Advisors, LLC, was arrested earlier today on charges of securities fraud. Broidy allegedly schemed to defraud his clients by withdrawing over $640,000 in excess management fees and then misappropriating more than $865,000 worth of stock held in trusts, over which he was trustee, to conceal his fraudulent overbilling scheme. The defendant’s initial appearance is scheduled for this afternoon before United States Magistrate Judge Frederick F. Mumm at the United States Courthouse, 312 North Spring Street, Los Angeles, California. The government will seek his removal to the Eastern District of New York.
The charges and arrest were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“As alleged in the criminal complaint, through a web of lies and fabricated documents, Marc Broidy deceived his clients and betrayed their trust by using their investment accounts as his personal slush fund. When one client unearthed his fraudulent scheme, Broidy simply stole from another client in an effort to cover up his theft. However, his days of ‘robbing Peter to pay Paul’ have now come to an end,” stated United States Attorney Capers. Mr. Capers thanked the U.S. Securities and Exchange Commission, New York Regional Office (SEC), for their invaluable cooperation and assistance during the investigation.
“As alleged, Broidy overbilled clients while underreporting the management fees he deducted for his services. Despite being caught red-handed, he cashed out on stock held in trust accounts he was appointed to oversee, all in an effort to defray personal expenses. Financial crimes have the potential to turn lives upside down and inside out. Victims of these types of crimes deserve to see justice served. We would like to thank our colleagues from the FBI's Los Angeles Field Office for their assistance with this investigation,” stated FBI Assistant Director-in-Charge Sweeney.
According to the complaint unsealed this morning, from approximately November 2010 to July 2016, Broidy had discretionary authority to buy and sell securities in brokerage accounts he set up for his clients and was permitted to deduct management fees from those accounts as compensation. For three of his clients, instead of deducting the amounts he was permitted to bill, Broidy took more than $640,000 in excess fees. To hide his theft, Broidy falsified many of those clients’ Internal Revenue Service Form 1099s so that the forms reflected far less in management fees than Broidy actually took.
One client discovered the theft and forced Broidy to repay the stolen fees in a settlement. To pay the settlement and other personal expenses, such as credit card bills and house and car payments, Broidy sold more than $865,000 worth of stock held in trust accounts that another client had established for his children, and for which he had appointed Broidy trustee.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Broidy faces a maximum sentence of 20 years in prison.
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The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Matthew Amatruda is in charge of the prosecution.
The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions, and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit ww.StopFraud.gov.
The Defendant:
MARC BROIDY
Age: 43
Los Angeles, CaliforniaLogan Veterinarian Pays $200,000 to Settle Allegations Under the Controlled Substance ActRead the Press Release
SALT LAKE CITY – Dr. Michael J. Larson, a veterinarian who owns and operates IBEX Pre-Clinical Research, Inc., in Logan, has agreed to pay the United States $200,000 in civil penalties to resolve allegations involving the handling of controlled substances at the Logan business. The company is involved in conducting orthopedic surgical studies on a variety of laboratory animal species for pharmaceutical and medical device companies.
The DEA received a hotline tip in February 2016 alleging that control substances were being diverted for Dr. Larson’s personal use at IBEX. The tipster also told DEA numerous violations of the Comprehensive Drug Abuse Prevention and Control Act were taking place at the company.
The DEA conducted an investigation and audit which confirmed Dr. Larson was in violation of numerous record-keeping regulations. The violations included failing to conduct inventories of controlled substances on a regular basis and failing to maintain accurate and complete records of controlled substances received and dispensed. For example, the investigation showed that on 52 different occasions, Dr. Larson did not maintain accurate and complete records of the drug Buprenorphine that was purchased and administered. The investigation also showed that Dr. Larson failed to restrict access to the electronic Controlled Substance Ordering system. Dr. Larson purchased controlled substances for personal use.
Each of the violations could have resulted in a $10,000 civil penalty. As a part of the settlement to resolve the allegations, Dr. Larson agreed to surrender his DEA Registration and to associate with another veterinarian in the area to order, maintain and administer controlled substances.
Lewisburg Man Charged with Sexual Exploitation of A MinorRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport returned an indictment charging Tony A. Vonneida, age 62, of Lewisburg, Pennsylvania, with sexual exploitation of a minor and possession of child pornography.
According to United States Attorney Bruce D. Brandler, the indictment alleges that in 2014, Vonneida, coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, in violation of federal law. It is also alleged that Vonneida committed the acts while he was required to register as a sex offender under Pennsylvania law.
The indictment further alleges that Vonneida knowingly possessed digital images that contained images of child pornography including minors who had not attained 12 years of age that had been mailed, or shipped or transported in interstate commerce.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Buffalo Valley Regional Police Department. Assistant United States Attorney Geoffrey W. MacArthur has been assigned to prosecute the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 60 years of imprisonment, up to a lifetime term of supervised release following imprisonment, and a $750,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Law Enforcement Arrests Three Lubbock Residents on Fentanyl-Related ChargesRead the Press Release
LUBBOCK, Texas – Following a law enforcement operation this morning, led by officers with the Lubbock Police Department and special agents with the Drug Enforcement Administration (DEA), three Lubbock, Texas, residents were arrested on a federal criminal complaint charging them with conspiracy to distribute and possess with intent to distribute fentanyl, a highly potent synthetic opioid.
Today’s announcement was made at a news conference this afternoon hosted by John Parker, U.S. Attorney for the Northern District of Texas; Matt Powell, Lubbock County District Attorney; Greg Stevens, Chief, Lubbock Police Department; Calvin Bond, Assistant Special Agent in Charge, DEA; Charles Cobb, Resident Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Lubbock; Mike Reed, Chief Deputy, Lubbock County Sheriff’s Office; and Gary Albus, Regional Commander, Texas Department of Public Safety.
Sidney Caleb Lanier, 36, was arrested at his home on 154th Street. Jessica Christine Holl, 28, and Jamie Marie Robertson, 32, were arrested at their apartment on 4th Street.
A date and time for their initial appearances has not been set yet.
According to the criminal complaint, from approximately January 2013 to October 27, 2016, defendants Lanier, Holl, and Robertson did knowingly and intentionally combine, conspire, confederate and agree with each other and with persons known and unknown to knowingly and intentionally distribute and possess with intent to distribute a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance.
A federal criminal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. The maximum statutory penalty for the offense charged is 20 years in federal prison and a $1 million fine.
This law enforcement operation focused on the distribution in the Lubbock area of the highly potent synthetic opioid, fentanyl. Fentanyl is responsible for a sharp increase in opioid deaths across the U.S. It poses a high risk of death not only to users, but also to law enforcement personnel.
While fentanyl can serve as a direct substitute for heroin in opioid-dependent individuals, it is a dangerous substitute as it is 50 times more potent than heroin and results in frequent overdoses that can lead to respiratory depression and death. Cheaper than heroin, fentanyl can be ingested, inhaled or absorbed through the skin; just a few milligrams, equivalent to a few grains of table salt, may be deadly.
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Lancaster County Man Sentenced to 18 Months in Federal Prison for Hacking Apple and Google E-Mail Accounts Belonging to More Than 100 People, Including Many CelebritiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Lancaster County man was sentenced yesterday on felony computer hacking charges related to his illegal access of over 100 Apple and Google e-mail accounts, including those belonging to members of the entertainment industry in Los Angeles.
According to United States Attorney Bruce D. Brandler, United States District Court Judge William W. Caldwell sentenced Ryan Collins, 36, of Lancaster, Pennsylvania, to 18 months in federal prison for a felony violation of the Computer Fraud and Abuse Act. He was taken into custody immediately after sentencing.
Collins pled guilty in May to one count of unauthorized access to a protected computer to obtain information. Collins was originally charged in Los Angeles, but the parties agreed to transfer the case to Harrisburg in the Middle District of Pennsylvania, near Collins' home, for the entry of his guilty plea and sentencing.
The case against Collins stems from the investigation into the leaks of photographs of numerous female celebrities in September 2014, known as "Celebgate." Investigators have not uncovered any evidence linking Collins to the actual leaks or that Collins shared or uploaded the information he obtained, however.
From November 2012 until the beginning of September 2014, Collins engaged in a sophisticated phishing scheme to obtain usernames and passwords for his victims. He sent e-mails to victims that appeared to be from Apple or Google and asked victims to provide their usernames and passwords.
When the victims responded, Collins then had access to the victims' e-mail accounts. After illegally accessing the e-mail accounts, Collins obtained personal information including nude photographs and videos. In some instances, Collins would use a software program to download the entire contents of the victims' Apple iCloud backups. In addition, Collins ran a modeling scam in which he tricked his victims into sending him nude photographs.
Investigators identified over 600 victims, many of whom were members of the entertainment industry in Los Angeles. By illegally accessing the e-mail accounts, Collins accessed at least 50 iCloud accounts and 72 Gmail accounts, many of which belonged to female celebrities.
The case against Ryan Collins was investigated by FBI agents based in Los Angeles, and the plea agreement was negotiated by Assistant United States Attorneys Ryan White and Vicki Chou in the United States Attorney's Office in Los Angeles. The United States Attorney's Office for the Middle District of Pennsylvania assisted in the prosecution by handling the guilty plea and sentencing.
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Kyle Man Pleads Not Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for two counts of Abusive Sexual Contact.
Darrell Janis, age 57, was indicted on October 18, 2016. Janis appeared before U.S. Magistrate Judge Daneta Wollmann on October 21, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Janis using force to have sexual contact with a child who had not attained the age of 12 years old, on December 11, 2015, at Kyle.
The charges are merely accusations and Janis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Janis was released on bond pending trial. A trial date has been set for December 27, 2016.
Jury Delivers Verdicts in Oregon Standoff TrialRead the Press Release
PORTLAND, Ore. – A federal jury today delivered its verdicts against seven defendants charged with conspiracy, possession of firearms on federal property, and theft during the 41-day armed occupation of the Malheur National Wildlife Refuge. Jurors found Ammon Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, and Neil Wampler not guilty on all counts. Jurors found Ryan Bundy not guilty on charges of conspiracy and possession of firearms, but were unable to reach a verdict on the charge of theft.
Co-defendants Jason Blomgren, Brian Cavalier, Blaine Cooper, Eric Flores, Wesley Kjar, Corey Lequieu, Joseph O’Shaughnessy, Ryan Payne, Jon Ritzheimer, Geoffrey Stanek, and Travis Cox previously pled guilty. Co-defendants Dylan Anderson, Sandra Anderson, Sean Anderson, Duane Ehmer, Jason Patrick, Darryl Thorn, and Jake Ryan will stand trial beginning February 14, 2017. Charges against co-defendant Peter Santilli were previously dismissed.
“While we had hoped for a different outcome, we respect the verdict of the jury and thank them for their dedicated service during this long and difficult trial,” said Billy J. Williams, United States Attorney for the District of Oregon. “We strongly believe that this case needed to be brought before a Court, publicly tried, and decided by a jury. Despite the verdict reached, I want to personally thank all of the law enforcement personnel who worked tirelessly to bring about a peaceful resolution to the Malheur occupation. I also want to thank the residents of Burns, Hines, and Harney County and members of the Burns Paiute Tribe for their patience and resolve throughout this process.”
“For many weeks, hundreds of law enforcement officers – federal, state, and local – worked around-the-clock to resolve the armed occupation at the Malheur National Wildlife Refuge peacefully. We believe now – as we did then – that protecting and defending this nation through rigorous obedience to the U.S. Constitution is our most important responsibility,” said Greg Bretzing, Special Agent in Charge of the FBI in Oregon. “Although we are extremely disappointed in the verdict, we respect the court and the role of the jury in the American judicial system.”
The case was investigated by the FBI and prosecuted by Geoffrey Barrow, Ethan Knight, and Craig Gabriel, Assistant United States Attorneys for the District of Oregon.
Jury Convicts Former KC Woman of Fraud Scheme to Steal Victim's Lottery WinningsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Kansas City, Mo., woman was convicted by a federal jury today of engaging in a fraud scheme in which she stole $440,000 in lottery winnings from her victim as part of a scheme that resulted in a total loss of more than $640,000.
Freya Pearson, 43, of Georgia, formerly of Kansas City, was found guilty of all nine counts contained in an Oct. 28,2014, federal indictment.
According to evidence presented during the trial, Pearson convinced her 61-year-old victim to transfer $480,000 into the bank account of an organization called Recidivism at Work (RAW), a nonprofit entity Pearson established the day before her victim made the first wire transfer. This victim, who had been working as a housekeeper before going on disability and who lived in public housing, won $2.4 million in the Missouri Lottery in 2008. After setting money aside for taxes then purchasing a home for herself, a home for a daughter and a car for another daughter, she established an annuity to provide approximately $30,000 per year for the rest of her life.
Pearson convinced her victim she was a friend and falsely represented herself as a financial advisor. Pearson instructed the victim to withdraw her lottery winnings from the annuity account. The victim made three wire transfers in April, May and June 2010 to deposit the funds into Pearson’s RAW checking account. Whether the money was an investment or a business loan, Pearson materially omitted to disclose to the victim that she would use the money to gamble and for her own personal expenses. A partial summary of Pearson’s gambling expenses, which began the day after the first wire transfer, was over $96,000. Pearson also spent $12,000 on travel, purchased three vehicles (a Cadillac Escalade, a Pontiac Sunfire and a Chevrolet Tahoe) and spent money on restaurants, shopping and other personal expenses while she lived in the St. Louis, Mo., metropolitan area. Pearson made payments to her victim of approximately $1,200 per month for a little over a year before she quit paying her altogether – a total of approximately $38,000. No identifiable money was used for the nonprofit entity, and little for any business purpose.
When she met the victim in 2010, Pearson was unemployed and her only income came from child support and Social Security benefits for one of her children. While she was receiving hundreds of thousands of dollars from her victim’s lottery winnings, Pearson applied for and received federally subsidized housing benefits under the Section 8 program meant to assist low income residents. In March 2010, Pearson applied with the Weston Housing Authority (in Platte County, Mo.) for Section 8 benefits – claiming that she was unemployed and homeless. Based on these representations, the Weston Housing Authority arranged for the rental of a duplex in Kansas City-North, with housing authority paying $875 per month and Pearson paying $200 per month. Pearson continued to receive federal benefits after moving to Orange County, Calif., in March 2012, until she was terminated from program for fraud in 2014. Pearson received a total of $76,837 in federal housing benefits over four years. In 2011, Pearson also began receiving welfare and/or food stamp benefits.
Pearson filed for Chapter 7 bankruptcy protection on Dec. 2, 2010, but did not disclose the RAW bank accounts, which had total balances of $56,506. Pearson received a discharge of her debts on March 15, 2011.
Pearson filed no tax return for tax year 2010, and thus did not pay income taxes of $122,000 that would have been due on the $441,830 of taxable income Pearson received as a result of defrauding her victim.
Pearson defrauded the victim of a total of $441,830. Pearson evaded $122,000 in federal income tax. Pearson defrauded the Weston Housing Authority of $76,837 in housing benefits. Pearson thus caused a total loss of at least $640,667.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about two hours before returning the guilty verdicts to U.S. District Judge Beth Phillips, ending a trial that began Monday, Oct. 24, 2016.
Pearson was convicted of three counts of wire fraud, four counts of money laundering, one count of tax evasion and one count of making false statements to the Department of Housing and Urban Development (related to her application for federal housing benefits).
Under federal statutes, Pearson is subject to a sentence of up to 100 years in federal prison without parole. 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. Attorneys Kathleen D. Mahoney and Jane Pansing Brown. It was investigated by the Kansas City, Mo., Police Department, IRS-Criminal Investigation and the Dept. of Housing and Urban Development, Office of Inspector General.
Judge Sentences East Pittsburgh Drug Dealer to 52 Months in PrisonRead the Press Release
PITTSBURGH - A resident of East Pittsburgh, Pa., has been sentenced in federal court to 52 months’ imprisonment on his convictions of conspiracy to distribute 500 grams or more of cocaine and being a felon in possession of a firearm, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Tracey Yancey, 53, of East Pittsburgh, Pa.
According to information presented to the court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Tracey Yancey was intercepted over the wire conspiring with others to possess with intent to distribute and distribute cocaine, which was shipped from California to the Western District of Pennsylvania through the United States Postal Service or commercial carrier. During the investigation, Yancey also obtained a firearm, which he was prohibited from possessing as a convicted felon.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Tracey Yancey.
Jasper Car Dealership Executive Charged in Conspiracy to Steal Near $1M from BusinessesRead the Press Release
BIRMINGHAM – A federal grand jury on Wednesday indicted a Jasper man for stealing more than $900,000 from Maloy Ford Lincoln and Maloy Automotive Group, which does business as Maloy Chrysler Dodge Jeep Ram, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Roger C. Stanton and Internal Revenue Service Special Agent in Charge Veronica Hyman-Pillot.
A 15-count indictment filed in the U.S. District Court, charges ROBERT EDWIN MALOY, 59 with one count of conspiracy, eleven counts of wire fraud and three counts of mail fraud.
According to the indictment, Maloy was the general manager and president of the Maloy Ford and Maloy Chrysler dealerships from 2010 until December 2013. Maloy held a minority ownership interest in Maloy Ford and Maloy Chrysler. Prior to holding the executive positions, Maloy operated a used-car dealership known as Maloy Automotive.
As general manager and president, Maloy was responsible for the day to day operations of Maloy Ford and Maloy Chrysler, which included overseeing the monthly financial statements and entering into contracts and agreements with outside vendors on behalf of the dealerships.
According to the indictment, Maloy agreed with an individual employed by Premium Dealer Products, a broker that sold vehicle service products, to inflate the cost of various items. The inflated cost, referred to as an “over remittance,” was included in the amount charged to the customer, then paid to the vehicle service provider via the monthly Maloy Ford or Maloy Chrysler dealership checks. The overage then was passed back from the vehicle service providers to Premium Dealer Products, and finally was hand delivered to Maloy in the form of a check payable to Maloy Automotive. Maloy caused the checks to be deposited into the Maloy Automotive bank account, an account Maloy held that was unaffiliated with either dealership. Maloy concealed the over remittance checks payable to Maloy Automotive from the owners of Maloy Ford and Maloy Chrysler.
Additionally, in 2009 Maloy, on behalf of Maloy Automotive, borrowed $250,000 from Access Insurance Services. The principal of Premium Dealer Products helped Maloy obtain the loan. Between April 2011 and April 2013, Premium Dealer Products withheld some of the over remittance funds from Maloy Ford and Maloy Chrysler and used the funds to make loan payments on behalf of Maloy for the Access Loan.
The maximum punishment for wire fraud and bank fraud is 20 years in prison and a $250,000 fine. The maximum punishment for conspiracy is five years in prison and a $250,000 fine.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark is prosecuting.
Irving, Texas, Business Owner Arrested on Federal Offense Related to IRS Impersonation/Money Soliciting ScamRead the Press Release
DALLAS — An Irving, Texas, businessman, Narasimha Bhogavalli, 50, was arrested yesterday morning by special agents with the Federal Bureau of Investigation on a federal complaint charging him with engaging in monetary transactions in property derived from specified unlawful activity in connection with an Internal Revenue Service (IRS) impersonation scam that defrauded victims of money that Bhogavalli then transferred between accounts and wired to India. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
Bhogavalli made his initial appearance yesterday afternoon before U.S. Magistrate Judge Paul D. Stickney, who ordered him detained pending a detention hearing set for tomorrow, Friday, October 28, 2016, at 2:00 p.m., before U.S. Magistrate Judge Renée Harris Toliver.
According to the complaint, victims from throughout the U.S. were contacted by individuals claiming to be IRS agents. Victims were advised there were outstanding warrants for their arrest and they would be sent to jail unless they deposited money orders, and sometimes cash, into bank accounts controlled by Bhogavalli and other accounts used by co-conspirators in the scam.
Bhogavalli used at least two Bank of America accounts in the scam, one in the name of Tekdynamics, Inc. and one in the name of Touchstone Commodities, Inc. The investigation revealed that Bhogavalli also controlled additional accounts used in the money soliciting scam, including a Citibank account held in the name of Touchstone Commodities.
Between November 5, 2014, and February 2, 2015, approximately 242 deposits of cash and money orders, totaling approximately $1,661,247, which includes at least 2,250 separate money orders totaling $1,493,848 were made in one of the Bank of America accounts. During the two-week period, between approximately January 16, 2015, and January 30, 2015, at least 60 money orders, totaling $37,957 were deposited into the other Bank of America account. Between November 4, 2014, and February 5, 2015, at least 128 money orders, totaling $96,716 were deposited into the Citibank account.
A financial analysis of those accounts, according to the complaint, shows that immediately following the deposits made by the victims of the money soliciting scam, the proceeds were wire transferred to other accounts Bhogavalli controlled, where he either spent the funds or wired the funds to accounts in other countries, such as India. Numerous wire transfers were made in amounts greater than $10,000.
Records indicate Bhogavalli was listed as the Director of Touchstone Commodities, located at 1425 Greenway Drive, Suite 650, in Irving. In account opening documents, Bhogavalli characterized Touchstone Commodities as an “import-export” business. On its website, Touchstone Commodities is “experienced in the global sourcing and supply of many valuable commodities,” including iron ore, steel and wood chips. Bhogavalli is listed as Chairman of Touchstone Commodities on its website.
Records indicate Bhogavalli was listed as President of Tekdynamics. According to information on the Tekdynamics website, Tekdynamics is a provider of “technology, outsourcing and consulting needs” with established infrastructure in the U.S. and India. Tekdynamics address is listed as 1425 Greenway Drive, Suite 650, in Irving.
A federal criminal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. The maximum statutory penalty for the charged offense is 10 years in federal prison and a $250,000 fine.
The investigation is being conducted by the FBI and the U.S. Treasury Inspector General for Tax Administration (TIGTA). Assistant U.S. Attorney J. Nicholas Bunch is in charge of the prosecution.
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Iranian National Pleads Guilty to Conspiring to Illegally Export Products from the U.S. to IranRead the Press Release
Mansour Moghtaderi Zadeh, 56, an Iranian national, pleaded guilty today to taking part in a conspiracy involving the purchase and shipment of various products, including aviation parts and supplies, from the U.S. to Iran without a license.
Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia, Special Agent in Charge Matthew J. Etre of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston and Special Agent in Charge Michael Imbrogna of the Bureau of Industry and Security, U.S. Department of Commerce in Boston made the announcement. The plea took place in the U.S. District Court for the District of Columbia.
Zadeh, who had been living in Iran, pleaded guilty to one count of conspiracy to unlawfully export goods, technology and services to Iran without the required license and to defraud the U.S. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, Zadeh faces a likely range of 46 to 57 months in prison and a potential fine of $20,000 to $200,000. Senior Judge Paul L. Friedman scheduled sentencing for December 14. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
In plea documents filed today, Zadeh acknowledged that beginning in October 2005, Iranian companies requested that Zadeh through his company, Barsan Aero Chemicals, Ltd., procure products, including a fiber optic video transmitter and receiver, and aviation course indicators, which required a license from the Department of the Treasury’s Office of Foreign Assets Control (OFAC), to be exported to Iran. Members of the conspiracy arranged for the items to be sent from the U.S. to Iran, and Zadeh received a commission.
In March 2007, Zadeh and co-conspirators attempted to export metal sheets and rods that are used in the aviation manufacturing industry from the U.S. to Iran, without the required license from OFAC. Zadeh had arranged for his new corporation, Lavantia Ltd., to purchase the items, and used an alias in his communications. In September 2007, the shipment was detained by the U.S. Department of Commerce pending certification of the end user.
In October 2007, the Department of Commerce issued a Temporary Denial Order (TDO) against Lavantia and Zadeh (under his alias). The TDO prohibited Lavantia and Zadeh from participating, directly or indirectly, in any way in any transaction involving any commodity exported from the U.S. Notwithstanding the TDO, Zadeh and other conspirators exported and attempted to export numerous materials from the U.S., including resin, sealant, paint, pneumatic grease, film adhesive and polyurethane coating and thinner. Their conduct after the TDO was issued involved more than $69,000 of exported goods.
“The prosecution of this case demonstrates that the United States will aggressively investigate and prosecute those who unlawfully export goods and technology for use in Iran,” said U.S. Attorney Phillips. “Working with our law enforcement partners, we will use every tool at our disposal to enforce export laws.”
“Disrupting and dismantling the sale of controlled items, especially those with military value, to foreign powers is a critical federal law enforcement mission, and is one in which HSI has a long history of excellence,” said Special Agent in Charge Etre. “HSI will continue to track down those who attempt to profit by the illegal sale and export of our military technologies.”
In announcing the plea, Acting Assistant Attorney General McCord, U.S. Attorney Phillips, Special Agent in Charge Etre and Special Agent in Charge Imbrogna commended the work of the Special Agents who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Jorge Casillas, and Assistant U.S. Attorneys Frederick W. Yette and Jeffrey Pearlman of the District of Columbia, who prosecuted the case. Finally, they expressed appreciation for the work of Trial Attorney Thea D. R. Kendler of the National Security Division’s Counterintelligence and Export Control Section.
Individual Operating “Ponzi” Scheme Charged with Securities and Bank FraudRead the Press Release
SAN JUAN, P.R. – Today, defendant, Carlos Maldonado, owner of Business Planning Resources International Corporation (BPRIC), Glorimar Fashions and Tailoring, LLC, Global Business Insurance Agency Inc., and associated under the incorporation documents with Pet Card Systems, Inc., and Datavos Corporation, was arrested and charged in a sixteen-count indictment alleging securities fraud and bank fraud, announced today Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico.
From on or about the year 2007 through the year 2012, Carlos Maldonado along with other individuals known and unknown to the Grand Jury raised over $5,000,000 on behalf of BPRIC, from over one hundred individuals, and other businesses and investments; resulting in losses to investors exceeding $2,900,000. As part of the solicitation, individuals throughout Puerto Rico and the Continental US received Investment Contracts that were signed by Maldonado and his associates.
While soliciting investors, defendant Maldonado, in person, through the telephone, internet and through other promoters, would make or cause materially false and misleading representations to be made to investors, including: (i) that various companies were involved in legitimate business functions; (ii) failing to disclose to investors that their funds would be used to buy and trade stocks and commodities on a ScottTrade account, Foreex Capital markets, LLC, and other personal trading accounts, and for Maldonado’s family and expenses; (iii) purchase goods and services at retail stores, restaurants, and spend money for travel, rent, entertainment, and personal auto loan payments.
“The defendant’s alleged conduct undermines the confidence investors place in the financial markets,” said US Attorney Rosa Emilia Rodríguez-Vélez. “Financial markets are governed by rules that are supposed to protect investors. This defendant, skilled at convincing individuals to place their trust in him, engaged in a ‘Ponzi’ scheme to defraud investors, and ultimately cost them millions of dollars. We will continue investigating and prosecuting this type of crimes to the full extent of the law.”
Investors who believe they are victims of Carlos Maldonado and signed investment contracts with Maldonado are encouraged to contact the US Attorney’s Office to be informed of the proceedings and their rights to restitution.
The case is being prosecuted by Assistant United States Attorney Edward Veronda. The case was investigated by the FBI. Defendant Maldonado is facing a maximum term of imprisonment of 30 years, and a fine not to exceed $1,000,000.
An indictment is only an accusation and not evidence of guilt. All defendants are presumed innocent until proven guilty.
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