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Wednesday 19 October 2016
Discard Unwanted Drugs: DEA’s Pill Take Back DayRead the Press Release
CEDAR RAPIDS, IA – On Saturday, October 22, from 10 a.m. to 2 p.m. the Drug Enforcement Administration (DEA) will give the public its 12th opportunity in six years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Cedar Rapids and Dubuque are hosting sites. In Cedar Rapids, bring your pills for disposal to the police department located at 515 1st Street S.W. In Dubuque, the drop off site is located at the Sam’s Club parking lot, 4400 Ashbury Road. The drop off sites cannot accept liquids or needles or sharps, only pills or patches. The service is free and anonymous, no questions asked.
Last April, Americans turned in 447 tons (over 893,000 pounds) of prescription drugs at almost 5,400 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 11 previous Take Back events, DEA and its partners have taken in over 6.4 million pounds—about 3,200 tons—of pills.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
United States Attorney Kevin W. Techau stated, “In 2015 alone, more than half of the over 40,000 unintentional drug overdose deaths in the United States involved prescription drugs, and hazardous opioid pain relievers led to about 17,000 of those deaths. Young people are especially susceptible to these dangers. Nearly four in 10 teens who have misused or abused a prescription drug obtained it from their parents’ medicine cabinet. Clearly prescription drug addiction and abuse represent nothing less than a public health crisis. We appreciate DEA’s effort to remove this poison from homes so that it does not end up in the wrong hands.”
For more information about DEA’s drug diversion program efforts and the disposal of prescription drugs go to: https://www.deadiversion.usdoj.gov.
Those unable to participate next Saturday are offered year around opportunities in Iowa to discard unused, expired and unwanted medications at locations around the state. To find those sites, go to the Iowa Governor’s Office of Drug Control Policy: https://odcp.iowa.gov/rxtakebacks.
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Departments of Justice and Health and Human Services Issue Joint Guidance for Child Welfare SystemsRead the Press Release
The Justice Department and the Department of Health and Human Services (HHS) issued a joint guidance letter today to state and local child welfare systems on the requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations. Title VI prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance.
The guidance aims to ensure that child welfare systems know about their responsibilities to protect the civil rights of children and families. The guidance is part of an ongoing partnership between the departments to help child welfare agencies protect the well-being of children and ensure compliance with federal nondiscrimination laws. Last year, the departments issued guidance on the intersection of child welfare requirements and Title II of the Americans with Disabilities Act, as well as Section 504 of the Rehabilitation Act. The guidance issued today highlights the clear need for frank and productive discussion about how child welfare laws, policies, practices and implicit bias affect communities of color.
Data shows that particular racial and ethnic groups are overrepresented in the child welfare system compared to their numbers in the general population. The guidance letter addresses race and language access complaints that the departments have received alleging unnecessary removal of children from their biological families; biological parents being denied equal access to culturally competent reunification services; denial of relative or kinship placements; unnecessarily long stays in foster care; and family members being denied full and informed participation in family courts and social services simply because they have limited proficiency in speaking, reading, writing or understanding the English language.
“This guidance will help ensure that all families, regardless of race or language access, can access child welfare services free from discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The law requires that all recipients of federal funding deliver programs, activities and services in a fair and equal manner regardless of race, color or national origin. State and local child welfare systems carry a tremendous responsibility in supporting families and children, and we hope this guidance provides clarity regarding the application of federal nondiscrimination obligations to their critical efforts.”
“This joint guidance is another step in the right direction to remedy discriminatory practices in child welfare activities,” said Director Jocelyn Samuels of HHS’ Office for Civil Rights. “All professionals in state and local child welfare systems have an obligation to understand and adhere to the federal laws that protect the families and children in the communities that they serve. We hope this guidance offers far-reaching strategies for child welfare agencies to address discriminatory practices in their programs and activities.”
“It’s crucial to families and children that the decisions made by child welfare agencies are made without intentional or unintended discrimination,” said Acting Assistant Secretary Mark Greenberg of HHS’s Administration for Children and Families (ACF). “We believe this guidance will help agencies better serve children of all backgrounds and provide important protections for families and children.”
“All children and families deserve to be treated with respect and dignity,” said Commissioner Rafael López of the Administration on Children, Youth and Families and Acting Associate Commissioner of the Children’s Bureau. “It is critical that we work together to ensure that our systems are fully accessible, transparent and just. This guidance is an important step to ensuring that all families, regardless of race, color or national origin, have equal access to services and are treated fairly at all times.”
The ACF’s Children’s Bureau administers funding for child welfare agencies and courts. ACF also provides guidance and technical assistance to child welfare agencies regarding child welfare law. HHS’ Office for Civil Rights and the Justice Department’s Civil Rights Division are responsible for ensuring that their respectively-funded state court systems and child welfare agencies comply with Title VI and its implementing regulations. The department is also responsible for ensuring consistent and effective enforcement of Title VI across federal funding agencies.
Additional information about the Civil Rights Division is available at www.justice.gov/crt. Additional information about ACF’s Children’s Bureau is available at www.acf.hhs.gov/cb. Additional information about the HHS’s Office for Civil Rights is available at www.hhs.gov/ocr/.
Title VI Child Welfare GuidanceDefendants Sentenced on Methamphetamine ChargesRead the Press Release
ABINGDON, VIRGINIA – Three Southwest Virginia residents, who previously pled guilty to charges related to the manufacturing of methamphetamine, were sentenced this week on federal drug charges, United States Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced.
Dana Lynn Vanmeter, 44, of Meadowview, Virginia, pled guilty on August 4, 2016, to one count of conspiring to manufacture methamphetamine, one count of using or maintaining a place for the purpose of manufacturing, distributing, and using methamphetamine, and one count of manufacturing or attempting to manufacture methamphetamine where a minor resided or was present. This week, Vanmeter was sentenced to 60 months’ imprisonment, to be followed by 3 years’ supervised release, a mandatory assessment of $300 and $599 restitution to the Drug Enforcement Administration for the clean-up of a methamphetamine laboratory discovered at her residence.
John Steven Fields, 40, of Glade Springs, Virginia, and Shauna Danielle Davie, 25, of Meadowview, Virginia, both plead guilty in July 2016 to one count each of conspiring to manufacture methamphetamine. This week, Fields was sentenced to 12 months’ imprisonment, to be followed by 3 years’ supervised release, a mandatory assessment of $100, and was also held jointly and severally responsible for $599 restitution to the DEA. Davie was sentenced to 2 years’ probation, a mandatory assessment of $100 and was also held jointly and severally responsible for $599 restitution to the DEA.
A fourth defendant, April Fields, has also pled guilty to related charges and is scheduled to be sentenced on January 10, 2017.
“When individuals risk the lives of others, especially children, to manufacture this volatile and deadly drug, they must be punished,” United States Attorney Fishwick said today. “We will continue to work with our partners from the Attorney General’s Office to attack the problem of methamphetamine trafficking from all sides- enforcement, prevention and treatment.”
“These were very serious crimes and the sentences imposed in these cases reflect the seriousness of the offenses. Methamphetamine is one of the most dangerous drugs inflicted upon our region of the country and we will continue to work with local, state, and federal partners to vigorously prosecute those who manufacture it,” stated Attorney General Herring.
Agencies involved in this investigation included the Washington County Sheriff’s Office, Town of Abingdon Police Department, Town of Damascus Police Department, and the Drug Enforcement Administration. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.
Danbury Man Sentenced to 30 Years in Federal Prison for Murdering I-84 Motorist in 2000Read the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ALEX GARCIA, 38, of Danbury, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 360 months of imprisonment, followed by five years of supervised release, for shooting and killing a Danbury man traveling on I-84 in January 2000.
According to court documents and statements made in court, on January 17, 2000, at approximately 11:02 p.m.., Mark Rebong was discovered in the driver’s seat of an idling vehicle in the vicinity of Exit 2 off of I-84 in Danbury. Mr. Rebong had had been shot once in the head and died as a result of his injuries.
The investigation revealed that GARCIA was a member of the Almighty Latin King and Queen Nation (“Latin Kings”). In late December 1999, there was ongoing dispute in Danbury between the Latin Kings and another criminal gang, the Crips. On December 28, 1999, the dispute escalated as a result of the shooting of a high-ranking member of the Crips.
On January 17, 2000, GARCIA was a passenger in a vehicle traveling westbound on I-84. The driver of the vehicle, a high-ranking member of the Latin Kings, saw Mark Rebong driving near them on the highway and told GARCIA to shoot at Rebong’s vehicle. GARCIA then used an assault rifle to fire two rounds at the vehicle. As a result, Mark Rebong was killed.
Mark Rebong was neither a member of a gang nor engaged in any criminal activity.
“In a reckless act of brutal violence, this defendant murdered an innocent young man who was driving to work,” said U.S. Attorney Daly. “I commend the investigators from the Danbury Police, State Police and DEA who never stopped searching for Mark’s killer until he was finally brought to justice. Hopefully the Rebong family, who showed patience and courage and dignity throughout this ordeal, have found a measure of solace in this result.”
Judge Meyer ordered the 30-year federal sentence to run concurrently with an unrelated 40-year state sentence that GARCIA is currently serving.
On June 15, 2016, GARCIA pleaded guilty to one count of use of a firearm during and in relation to a crime of violence.
This matter was investigated by the Drug Enforcement Administration, Danbury Police Department and Connecticut State Police Western District Major Crime Squad, with assistance from the Connecticut Department of Correction and the Danbury State’s Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney Tracy Lee Dayton.
DEA and Partners Hold Prescription Drug Take Back Day SaturdayRead the Press Release
Thousands of communities participate in this weekend’s event
Boston, MA – This weekend DEA will once again conduct one of its most popular community programs: National Prescription Drug Take Back Day. On Saturday October 22 between 10 a.m. and 2 p.m. the public can dispose of their expired, unused, and unwanted prescription medications at one of 566 collection sites throughout New England, operated by 505 local law enforcement agencies and other community partners. The service is free of charge, no questions asked and most of these collection sites can be found in the lobby of your local Police Department.
America is presently experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers. 6.4 million Americans age 12 and over—2.4 percent of the population—abuse prescription drugs, according to the 2015 National Survey on Drug Use and Health released last month, more than abuse cocaine, heroin, hallucinogens, and methamphetamine combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The majority of prescription drug abusers report that they obtain their drugs from friends and family, including from the home medicine cabinet.
“The diversion of prescription pain killers contribute to the widespread abuse of opiates, is the gateway to heroin addiction, and is devastating our communities,” said DEA Special Agent in Charge Michael J. Ferguson. "Many Americans are not aware that medicines which languish in home cabinets are highly vulnerable to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are at alarming rates, as are the number of accidental poisoning and overdoses due to the illegal use of these drugs. Please take the time to clean out your medicine cabinet and make your home safe from drug theft and abuse."
Vermont’s United States Attorney, Eric Miller, added, “The misuse and abuse of prescription opioids touched off Vermont’s current heroin epidemic and continues to contribute to overdose deaths and injuries. Vermonters can play an important role in protecting public health and safety by cleaning out their medicine cabinets and safely disposing of prescription drugs they no longer need.”
Last April, during its 11th Take Back Day, the DEA New England Field Division (NEFD) participated in the Drug Take-Back Day and over the course of four hours 86,900 pounds of expired, unused, and unwanted prescription drugs were collected at 551 collection sites throughout New England. The following was the breakdown of collected weights for the six New England states:
Connecticut 8,815.50 lbs.
Massachusetts 25,028 lbs.
Maine 31,960 lbs.
New Hampshire 12,560 lbs.
Rhode Island 3,460 lbs.
Vermont 5,094.60 lbs.
Total for NEFD 86,918.1 lbs.The public can find a nearby collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and following the links to a database where they enter their zip code. Or they can call 800-882-9529. Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted.
DEA and Community Partners in Michigan Hold Prescription Drug Take Back Day on SaturdayRead the Press Release
- Over 130 Take Back locations across the Great Lakes State -
Detroit, MI – DEA reprises this weekend one of its most popular community programs: National Prescription Drug Take Back Day. On Saturday, October 22nd, 2016, between 10 a.m. and 2 p.m. the public can dispose of their unused, unwanted prescription medications at one of 4,700 collection sites nationwide, and over 130 sites in Michigan, operated by 3,800 local law enforcement agencies and other community partners. The service is free of charge, no questions asked.
America is presently experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers. 6.4 million Americans age 12 and over, which is 2.4% of the population—abuse prescription drugs, according to the 2015 National Survey on Drug Use and Health, which was released last month. That is more people than abuse cocaine, heroin, hallucinogens, and methamphetamines combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The majority of prescription drug abusers report that they obtain their drugs from friends and family, including from the home medicine cabinet.
Last April, during its 11th Take Back Day, the DEA and over 4,200 of its national, tribal, and community law enforcement partners collected 893,498 pounds (about 447 tons) of unwanted prescription drugs at almost 5,400 collection sites. Since the program began six years ago, about 6.4 million pounds (about 3,200 tons) of drugs have been collected. That’s more than a quarter pound of pills for each of the 25 million children aged 12 to 17 in America, pills that won’t result in abuse or overdose.
The public can find a nearby collection site by visiting www.dea.gov, clicking on the "Got Drugs?" icon, and following the links to a database where they enter their zip code. Or they can call 800-882-9529. Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted.
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DEA and Community Partners in Kentucky Hold Prescription Drug Take Back Day on SaturdayRead the Press Release
-50 Take Back locations across the Bluegrass State
Detroit, MI – DEA reprises this weekend one of its most popular community programs: National Prescription Drug Take Back Day. On Saturday, October 22nd, 2016, between 10 a.m. and 2 p.m. the public can dispose of their unused, unwanted prescription medications at one of 4,700 collection sites nationwide, and 50 sites in Kentucky, operated by 3,800 local law enforcement agencies and other community partners. The service is free of charge, no questions asked.
America is presently experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers. 6.4 million Americans age 12 and over, which is 2.4% of the population—abuse prescription drugs, according to the 2015 National Survey on Drug Use and Health, which was released last month. That is more people than abuse cocaine, heroin, hallucinogens, and methamphetamines combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The majority of prescription drug abusers report that they obtain their drugs from friends and family, including from the home medicine cabinet.
Last April, during its 11th Take Back Day, the DEA and over 4,200 of its national, tribal, and community law enforcement partners collected 893,498 pounds (about 447 tons) of unwanted prescription drugs at almost 5,400 collection sites. Since the program began six years ago, about 6.4 million pounds (about 3,200 tons) of drugs have been collected. That’s more than a quarter pound of pills for each of the 25 million children aged 12 to 17 in America, pills that won’t result in abuse or overdose.
The public can find a nearby collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and following the links to a database where they enter their zip code. Or they can call 800-882-9529. Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted.
Cleveland man to serve 18 years for distribution of heroin, fentanylRead the Press Release
WHEELING, WEST VIRGINIA – Shawn Lamont McClain, 37, of Cleveland, Ohio, was sentenced for the distribution of heroin mixed with fentanyl and will now serve a total of 18 years in prison, United States Attorney William J. Ihlenfeld, II, announced.
McClain, who admitted to selling and conspiring to sell heroin and fentanyl on several occasions in 2015 in Ohio County, was sentenced to 95 months today by Senior U.S. District Judge Frederick P. Stamp, Jr. Judge Stamp ordered the sentence to run consecutively to a 120-month sentence previously imposed by U.S. District Judge John Preston Bailey for a 2014 heroin trafficking conviction, and thus McClain will be incarcerated for a total of 215 months.
Evidence was presented at today’s sentencing hearing regarding the powerful nature of the substances sold by McClain and the fact that it led to multiple overdoses in the Ohio Valley. Several of McClain’s transactions occurred on Wheeling Island, and one occurred near Madison Elementary School.
U.S. Attorney Ihlenfeld and Assistant U.S. Attorney Randolph J. Bernard prosecuted the case on behalf of the government. The Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Central and Southern Ohio Heroin Trafficking Network DismantledRead the Press Release
COLUMBUS, OHIO – The last of eight defendants guilty of distributing heroin, anabolic steroids and other drugs in central and southern Ohio has been sentenced in U.S. District Court, capping a two-year investigation by federal, state and local law enforcement agencies.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Detroit Field Division, agencies participating in the Southern Ohio Drug Task Force, and Columbus Police Chief Kim Jacobs announced the sentences today. U.S. District Judge Michael H. Watson presided over the case.
The eight defendants who pleaded guilty to conspiracy are:
Mark Eubanks, 34, Columbus. Sentenced to 150 months in prison.
Donald Smith, 52, Columbus. 72 months.
Johnathan Nunez, 27, Wheelersburg, 41 months.
Gregory Workman, 51, Springfield. 36 months.
Timothy Mutter, 59, Franklin Furnace. 36 months.
Richard Glenn, 36, Portsmouth. 36 months.
Kent Whiteside, 32, Columbus. 18 months.
Trent Banks, 47, South Bloomfield. 36 months’ probation.
All except Banks pleaded guilty to conspiracy to distribute heroin. Banks pleaded guilty to trafficking anabolic steroids.
According to court documents, the FBI began investigating a drug trafficking organization operating in central and southern Ohio in 2014. During the course of the investigation, agents identified Eubanks as a distributor of narcotics, including heroin, cocaine, MDMA and anabolic steroids. Eubanks used two residences and a storage unit in Columbus to conduct drug transactions and store narcotics, drug proceeds and firearms. As the investigation progressed, agents learned that Eubanks and his co-conspirators were distributing heroin and anabolic steroids in central and southern Ohio. Agents executed search warrants at various locations and seized quantities of heroin and MDMA, 200 vials of anabolic steroids, drug paraphernalia, ten firearms, ammunition, and more than $37,000 in cash.
A federal grand jury indicted the defendants in October, 2015.
Agencies in the Southern Ohio Drug Task Force include Scioto County Sheriff Marty V. Donini, Lawrence County Sheriff Jeff Lawless and the police departments in Portsmouth, Jackson and Ironton.
U.S. Attorney Glassman commended the investigation of this case by the task force agencies, and Assistant U.S. Attorney Brian J. Martinez and Deputy Criminal Chief Michael Hunter, who represented the United States in this case.
Carlisle Woman Indicted for Fraud in Connection with Commercial Drivers License Medical ExaminationRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg indicted Joann Wingate on September 28, 2016, for wire fraud, submitting false documents, and aggravated identity theft as part of a scheme to defraud carried out between 2012 and 2014. The Indictment was unsealed following the arrest of Wingate by the U.S. Department of Transportation, Office of Inspector General.
According to U.S. Attorney Bruce D. Brandler, Wingate, a 58-year-old resident of Carlisle, used the identity of a licensed physician to administer physical examinations to holders of commercial driver’s licenses (CDL) after her chiropractor’s license was suspended in October 2014. Wingate also fraudulently claimed to be a medical doctor in order to serve as a medical review officer for drug tests for CDL holders, when in fact she was never authorized to administer drug testing.
The Indictment alleges that in 2013 and 2014 Wingate fraudulently advertised her medical services at rest stops and gas stations in the Carlisle area; entered into a business agreement with a Carlisle trucking firm to handle the firm’s driver drug and alcohol program requirements, collected urine samples and caused them to be returned to medical laboratories while representing herself to be a medical review officer, completed medical examinations and transmitted false documents to the Pennsylvania Department of Transportation.
The Federal Motor Carrier Safety Administration (FMCSA) part of the U.S. Department of Transportation (DOT) develops and publishes standards to test license commercial motor vehicle drivers. Commercial driver’s licenses issued by states, including Pennsylvania, must meet standards established by DOT. Commercial vehicle drivers must pass standard examinations prior to obtaining a license and at regular intervals and must possess a valid certificate completed by a licensed medical examiner. CDL holders are also subject to mandatory drug and alcohol testing by a qualified medical review officer.
The Indictment alleges that Wingate’s scheme defrauded CDL holders and the Carlisle-based trucking firm and caused false documents to be generated and submitted in connection with the DOT’s commercial motor vehicle safety program.
The matter was investigated by the U.S. Department of Transportation, Office of Inspector General, the Pennsylvania State Police and the Cumberland County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Scott Ford.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty in this offense is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Bronx, New York, Man Admits Role in Conspiracy to Possess with Intent to Distribute 22 Kilograms of Heroin in New JerseyRead the Press Release
TRENTON, N.J. – A Bronx, New York, man today admitted to his role in a conspiracy to possess with intent to distribute 22 kilograms of heroin in New Jersey, U.S. Attorney Paul J. Fishman announced.
Edwin Alamo Jr., 21, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to information charging him with one count of conspiracy to possess with intent to distribute more than one kilogram of heroin.
According to the documents filed in this case and statements made in court:
On Feb. 5, 2016, law enforcement observed a tractor-trailer, driven by Sauro D. Estevez Figueredo and Alberto Mora, parked at an intersection near a store in Clifton, New Jersey. That afternoon, Emmanuel Gonzalez and Alamo drove to the tractor-trailer and left with a suitcase given to them by Mora. Later, Porfirio Peralta-Nunez arrived at the tractor-trailer with two empty bags and left shortly afterwards with the bags filled.
Subsequent traffic stops allegedly revealed 22 kilograms of heroin in Gonzalez and Alamo’s possession. Additional quantities of narcotics were allegedly found in Peralta-Nunez’s possession. Law enforcement also found 10 kilograms of cocaine and 10 kilograms of fentanyl remaining at the tractor-trailer.
Alamo admitted that he went to Clifton to pick up narcotics from a tractor-trailer and that he obtained a suitcase containing approximately 22 kilograms of heroin.
The count of conspiracy to possess with intent to distribute more than one kilogram of heroin carries a maximum potential penalty of 20 years in prison. Sentencing is scheduled for Jan. 30, 2017.
Co-defendants Mora and Gonzalez have pleaded guilty. Charges and allegations pending against the remaining defendants are merely accusations, and they are considered innocent unless and until proven guilty.
U.S. Attorney Fishman credited special agents of the Drug Enforcement Administration (DEA), under the direction of Special Agent in Charge Carl J. Kotowski in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Meredith Williams of the Narcotics/OCDETF unit of the U.S. Attorney’s Office in Newark.
Defense counsel: Chester Keller Esq., First Assistant Federal Public Defender
Albuquerque Man Sentenced to Prison for Federal Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Carl Weatherman, 34, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to 75 months in prison for his conviction on a receipt of child pornography charge. Weatherman will be on supervised release for ten years after completing his prison sentence. He also will be required to register as a sex offender when he completes his prison sentence.
Weatherman was arrested on federal child pornography charges on April 8, 2014, based on a criminal complaint alleging receipt and possession of visual depictions of minors engaged in sexually explicit conduct charges. According to the criminal complaint, the investigation into Weatherman was initiated by the Bernalillo County Sheriff’s Office (BCSO) in Dec. 2013, when a minor child reported seeing Weatherman watch child pornography and that Weatherman showed child pornography to the minor child. Between Dec. 2013 and Feb. 2014, the BCSO executed search warrants at Weatherman’s residence which authorized them to seize, among other things, computers, computer-related media and cellphones. Items seized by the BCSO during the searches were submitted for forensic examination by the New Mexico Regional Forensic Laboratory, and were found to contain images and videos consistent with child pornography.
Weatherman was indicted on May 7, 2014, and charged with one count of receipt of child pornography and one count of possession of child pornography.
On Dec. 10, 2014, Weatherman entered a guilty plea to Count 1 of the indictment, charging him with receipt of child pornography. In his plea agreement, Weatherman admitted that between Aug. 2013 and Dec. 2013, he knowingly received child pornography on his computer.
This case was investigated by the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico Regional Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Albuquerque Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Shannon Lamont Jackson, 38, of Albuquerque, N.M., pled guilty today to a federal heroin trafficking charge. Under the terms of his plea agreement, Jackson will be sentenced to 77 months in prison followed by a term of supervised release to be determined by the court.
Jackson was arrested on Dec. 3, 2015, on an indictment charging him with distributing heroin on Sept. 6, 2015, in Bernalillo County, N.M. During today’s proceedings, Jackson pled guilty to the indictment and admitted that in Sept. 2015, he negotiated the sale of 20 grams of heroin with undercover FBI agents. Jackson remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’ Office. Assistant U.S. Attorney Shana B. Long is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Tuesday 18 October 2016
Wichita Man Charged with Sex Trafficking of 17-Year-OldRead the Press Release
WICHITA, KAN. – A Wichita man was charged Tuesday in federal court here with the sex trafficking of a 17-year-old girl, Acting U.S. Attorney Tom Beall said.
John H. Dickerson, 34, Wichita, Kan., was charged with one count of the sex trafficking of a minor and one count of unlawful possession of a firearm following a felony conviction.
A criminal complaint filed in U.S. District Court in Wichita alleges the case grew out of a human-trafficking enforcement operation conducted by the FBI and the Wichita Police Department. On Saturday, Oct. 15, a detective answered an advertisement on an adult services Web site. He arranged to meet a sex worker at a hotel in Wichita and to pay $200 for an hour of sex.
Dickerson dropped off a 17-year-old girl at the detective’s room. The girl and Dickerson were taken into custody. Investigators learned that that Dickerson had been paid several times to take the girl to meet customers.
If convicted, he faces a penalty of not less than10 years in federal prison and a fine up to $250,000 on the trafficking charge, and up to 10 years and a fine up to $250,000 on the firearm charge.
The Wichita Police Department, the FBI and the Internet Crimes Against Children Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
West Virginia business owners plead guilty to failing to pay employment taxesRead the Press Release
WASHINGTON – Two Wayne County, West Virginia business owners pleaded guilty today to federal employment tax charges, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Carol A. Casto for the Southern District of West Virginia.
Michael Taylor, 48, pleaded guilty to one count of conspiracy to defraud the United States in the ascertainment, computation, assessment and collection of employment tax from mid-2007 through 2010. Jeanette Taylor, 44, pleaded guilty to one count of failing to pay over employment tax for the last quarter of 2009.
According to documents filed with the court, from 2000 through 2010, Michael Taylor and Jeanette Taylor owned and operated a construction business in Wayne, West Virginia, that transported steel and sold gravel and concrete throughout West Virginia and Kentucky. The Taylors changed the name of the business several times, though the operations of the business remained the same. From 1999 to 2004, the business operated as Taylor Contracting & Taylor Ready-Mix LLC. In 2004, the name changed again to Taylor Contracting/Taylor Ready-Mix LLC. In 2010, the name changed a third time to Bluegrass Aggregates.
Both Michael Taylor and Jeanette Taylor were responsible for collecting, accounting for and paying over to the Internal Revenue Service (IRS) federal income taxes and social security and Medicare taxes that were withheld from the wages of their employees. From July 2007 through 2010, the Taylors withheld over $850,000 from their employees’ paychecks. Instead of paying over the withheld taxes to the IRS, the Taylors used the funds to purchase property and finance their horse farm. The Taylors also failed to pay over $490,000 in employment taxes for a prior business. The total tax loss for the Taylors’ conduct is $1.4 million.
The sentencing hearing has been scheduled for Jan. 23, 2017. The Taylors each face a statutory maximum sentence of five years in prison, as well as a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Casto commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Alexander Effendi and Mara Strier of the Tax Division, who are prosecuting this case. Principal Deputy Assistant Attorney General Ciraolo also thanked IRS Field Collection for their significant work on this matter.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
West Virginia Business Owners Plead Guilty to Failing to Pay Employment TaxesRead the Press Release
Two Wayne County, West Virginia business owners pleaded guilty today to federal employment tax charges, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Carol A. Casto for the Southern District of West Virginia.
Michael Taylor, 48, pleaded guilty to one count of conspiracy to defraud the United States in the ascertainment, computation, assessment and collection of employment tax from mid-2007 through 2010. Jeanette Taylor, 44, pleaded guilty to one count of failing to pay over employment tax for the last quarter of 2009.
According to documents filed with the court, from 2000 through 2010, Michael Taylor and Jeanette Taylor owned and operated a construction business in Wayne, West Virginia, that transported steel and sold gravel and concrete throughout West Virginia and Kentucky. The Taylors changed the name of the business several times, though the operations of the business remained the same. From 1999 to 2004, the business operated as Taylor Contracting & Taylor Ready-Mix LLC. In 2004, the name changed again to Taylor Contracting/Taylor Ready-Mix LLC. In 2010, the name changed a third time to Bluegrass Aggregates.
Both Michael Taylor and Jeanette Taylor were responsible for collecting, accounting for and paying over to the Internal Revenue Service (IRS) federal income taxes and social security and Medicare taxes that were withheld from the wages of their employees. From July 2007 through 2010, the Taylors withheld over $850,000 from their employees’ paychecks. Instead of paying over the withheld taxes to the IRS, the Taylors used the funds to purchase property and finance their horse farm. The Taylors also failed to pay over $490,000 in employment taxes for a prior business. The total tax loss for the Taylors’ conduct is $1.4 million.
The sentencing hearing has been scheduled for Jan. 23, 2017. The Taylors each face a statutory maximum sentence of five years in prison, as well as a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Casto commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Alexander Effendi and Mara Strier of the Tax Division, who are prosecuting this case. Principal Deputy Assistant Attorney General Ciraolo also thanked IRS Field Collection for their significant work on this matter.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Washington State Man Sentenced on Fraud ChargesRead the Press Release
St. Louis, MO – Haben Sebhatu, Seattle, Washington, was sentenced to 63 months in federal prison for participating in two stolen identity credit card fraud rings that were disrupted in St. Louis.
Sebhatu’s conduct included credit card fraud activities in Missouri, Washington, Indiana and Arkansas. Sebhatu was arrested by the Ladue Police Department after a traffic stop on March 25, 2016, which revealed numerous counterfeit credit cards and a card encoding machine in his vehicle.
Sebhatu pled guilty in July to one felony count of credit card fraud, one count of possessing device making equipment and nine counts of aggravated identity theft. He appeared today for sentencing before Judge Audrey G. Fleissig.
The case was investigated by the Ladue (Missouri) Police Department, the U.S. Secret Service and the Pierce County (Washington) Prosecuting Attorney’s Office. Assistant United States Attorney Tom Albus handled the case for the U.S. Attorney’s Office.
Washington County Man Sentenced to 8 Years in Federal Prison for Receiving Child PornographyRead the Press Release
PITTSBURGH - A former resident of Washington County, Pennsylvania, has been sentenced in federal court to 96 months imprisonment, followed by a lifetime of supervised release, on a charge of Receipt of Material Depicting the Sexual Exploitation of a Minor, United States Attorney David J. Hickton announced today.
United States District Judge Gustave Diamond imposed the sentence on Michael G. Williams, 48, of Eighty Four, Pennsylvania.
According to information presented to the court, the court was advised that from on or about June 18, 2015, and continuing thereafter to on or about June 25, 2015, Williams knowingly received visual depictions, namely, videos and images in computer graphics and digital files, the production of which involved the use of a minor engaging in sexually explicit conduct.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Office of the Pennsylvania Attorney General and the Federal Bureau of Investigation for conducting the investigation leading to the successful prosecution of Williams.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
United States Attorney’s Office Hosts Cyber Security SummitRead the Press Release
LOS ANGELES – The United States Attorney’s Office is hosting a Cyber Security Summit at the USC Radisson Hotel today in Los Angeles. The event, which is part of Cyber Security Awareness Month, is being held in partnership with the Federal Bureau of Investigation, the University of Southern California, the Lares Institute, and the National Cyber-Forensics & Training Alliance.
Top officials from utilities/critical infrastructure, local government, banking, the motion picture industry, the software industry, universities and law enforcement are attending the Summit. The Summit is offering information on new and developing cyber threats, preventing cyber attacks, and recognizing and remediating attacks when they occur. Attendees are participating in “table top” exercises in which participants analyze a cyber attack, reflect on preparedness, and discuss the benefits of sharing data with law enforcement.
“Reports of hacking and cyber intrusions have become an everyday occurrence. Many in the cyber security arena believe there are two kinds of companies – those that have been the victims of computer intrusions, and those who don’t know they have been victims,” said United States Attorney Eileen M. Decker. “The Cyber Security Summit brings together the public, private, and non-profit sectors, to include officials from every level of government, academic and consultant experts, corporate general counsel, and chief information security officers. Our goal is to share information, foster relationships, and protect American business interests from both domestic and foreign threats.”
The Summit features speakers that include United States Attorney Eileen M. Decker and USC Chief Counsel Carol Mauch Amir. The FBI is providing a current threat briefing to the attendees to inform them of the most recent types of cyber attacks and defenses to those types of attacks. The perspective of the business community is represented by executives from Ernst & Young, Target Corporation, IBM and Sony Pictures Entertainment.
“Cyber security is a shared responsibility among the public and private sectors, as well as an individual responsibility for all of us who use Internet-connected devices," said Deirdre Fike, the Assistant Director in Charge of the FBI's Field Office. "As organizations, large and small, contend with cyber intrusions, ransomware, e-mail compromise schemes and myriad cyber challenges to their security, this summit will afford both government and private business stakeholders an opportunity to meet in person to discuss our collective cyber security needs.”
“This event is a valuable opportunity for information security professionals in the public and private sectors to openly discuss methods of planning for and responding to cyber incidents in a non-crisis setting,” said Matthew LaVigna, Director of Operations and CEO for the National Cyber-Forensics & Training Alliance. “Neither private industry nor the government should be expected to address this threat alone. Events like this will help to establish trusted relationships and lead to future collaborative efforts.”
Two men sentenced for methamphetamine chargesRead the Press Release
ELKINS, WEST VIRGINIA – Two men were sentenced in federal court today on methamphetamine charges, United States Attorney William J. Ihlenfeld, II, announced.
Donald Cantrell, 40, of Mill Creek, West Virginia, was sentenced today to 70 months in prison for one count of “Possession with Intent to Distribute Methamphetamine.” Cantrell was discovered in possession of methamphetamine last year in Randolph County, West Virginia.
Patrick James Young, 31, of Beverly, West Virginia, was sentenced today to 27 months in prison for one count of “Possession with Intent to Distribute Methamphetamine.” Cantrell was discovered in possession of methamphetamine last year in Randolph County, West Virginia.
Assistant U.S. Attorney Stephen D. Warner prosecuted the cases on behalf of the government.
The Mountain Region Drug and Violent Crime Task Force investigated.U.S. District Judge John Preston Bailey presided.
Two Men Charged with Sex Trafficking of Three VictimsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two men were charged in federal court today for the sex trafficking of three victims.
Calvin Anthony Miller, also known as “Serious,” 34, and his cousin, Henry Dailey, 36, were charged with conspiracy to commit sex trafficking in a criminal complaint filed in the U.S. District Court in Kansas City, Mo. Miller and Dailey remain in federal custody pending a detention hearing on Oct. 20, 2016.
Today’s complaint is the result of Operation Cross Country X, an international FBI investigation of sex trafficking in partnership with local law enforcement agencies.
According to an affidavit filed in support of the federal criminal complaint, a federal undercover agent assisted the Independence, Mo., Police Department, posing as a customer attempting to hire a prostitute for sex. On Oct. 14, 2016, the undercover agent located an online listing for an individual identified as Victim 1. The post included provocative and partially nude photos and her description and some possible acts that she was willing to do. The agent contacted Victim 1 and she agreed to meet him at a hotel.
Victim 1 provided law enforcement officers with information on Miller, who she said was her pimp, and Dailey, both of whom she said exploited commercial sex workers. Victim 1 told law enforcement officers that Miller was violent and abusive, the affidavit says.
According to the affidavit, Victim 1 located online advertisements for two additional women who had been trafficked by Miller, identified as Victim 2 and Victim 3. Victim 2, who is described in the affidavit as “a very young baby-faced girl,” had recently arrived in Kansas City on a bus with Dailey, the affidavit says.
An Independence police detective located Victim 2 with Dailey at an Independence hotel. They were detained, the affidavit says, and Victim 2 told the detective that she wanted away from the group and just wanted to go home. Law enforcement officers also found Victim 3 at the hotel. She stated, “If I tell you anything he will kill me” and started crying. Victim 3 stated that she did not believe the police could provide enough security to protect her from “these guys.” Victim 3 said she wanted to leave and get away from Miller.
While at the hotel, agents determined that Miller had rented two rooms on the third floor and a room on the first floor. Agents made contact with Miller on the third floor. Miller was noncompliant with law enforcement requests, was directed to the ground, and cuffed.
Each of the victims told law enforcement officers that Miller and Dailey required them to work as prostitutes, threatening them with violence and death if they tried to leave, and took all of their money. According to the affidavit, they also said that Miller and Dailey forced them to use drugs to keep them addicted and dependent on them.
Victim 3 said Miller had broken her hip during a violent encounter in Overland Park, Kan., in June 2016. According to the affidavit, Victim 3 was treated at the hospital, and when she was released she was given six weeks’ worth of pain medication. After a week, she said, Miller had used the remaining amount of her pain medication. After two weeks, Miller allegedly required her to begin working as a commercial sex worker with a broken hip, without pain medication.
According to the affidavit, Victim 3 showed federal agents the ledger where she had been keeping track of the money she had made. Victim 3 told agents that she had paid Miller approximately $13,000 over the past month.
Victim 3 told agents that Miller had transported her from St. Louis to Kansas City, Las Vegas, and as far away as Washington state to work as a commercial sex worker. She had wanted to leave on multiple occasions, she said, but was not able to leave. Victim 3 also told agents that Miller had a Google voice account which allowed him to view and hear all text message and verbal conversations on her phone.
Dickinson cautioned that the charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Teresa A. Moore. It was investigated by the FBI, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Independence, Mo., Police Department.
Two Former Drug Enforcement Administration Task Force Officers Charged with Drug Conspiracy, Weapons Offenses and Other CrimesRead the Press Release
Two former Drug Enforcement Administration (DEA) task force officers were charged in a superseding indictment unsealed today with drug conspiracy, weapons offenses, robbery, obstruction of justice and falsification of records in federal investigations.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General (DOJ OIG) Dallas Field Office and Deputy Chief Inspector Brian M. McKnight of the DEA’s Office of Professional Responsibility (OPR) made the announcement.
Karl Emmett Newman, 49, of Kentwood, Louisiana, and Johnny Jacob Domingue, 27, of Maurepas, Louisiana, were indicted by a federal grand jury in the U.S. District Court for the Eastern District of Louisiana on Oct. 7, 2016. Newman is charged with one count of conspiracy to possess with intent to distribute cocaine and oxycodone, one count of interference with commerce by robbery, one count of possessing a firearm during a crime of violence, one count of possessing a firearm during a drug trafficking crime, two counts of unlawful conversion of property by a government officer or employee, two counts of falsifying records in a federal investigation and one count of obstruction of justice. Domingue is charged with one count of falsifying records in a federal investigation. Newman was originally charged on May 13, 2016, in a now-unsealed indictment, and was arrested on that date. Domingue was arrested on a now-unsealed criminal complaint on May 12, 2016.
In addition to serving as DEA task force officers, Newman and Domingue previously served as deputies with the Tangipahoa Parish, Louisiana, Sheriff’s Office.
The charges and allegations contained in an indictment are only accusations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI, DOJ OIG and DEA-OPR investigated the case. Assistant Chief Diidri Robinson and Trial Attorney Antonio Pozos of the Criminal Division’s Fraud Section are prosecuting the case.
Two Charleston crack dealers appear in federal court for drug crimesRead the Press Release
CHARLESTON, W.Va. – Two Charleston drug dealers appeared in federal court today for crimes involving crack, announced United States Attorney Carol Casto. Dushawn D. Williams, 40, was sentenced to two and a half years in federal prison for distribution of crack. In a separate prosecution, Terri Mitchell, 25, entered her guilty plea to possession with intent to distribute crack.
Williams admitted that on July 24, 2015, he sold approximately an ounce of crack to a confidential informant working with law enforcement in exchange for $1,600. The drug deal took place in the parking lot of the Dollar General store in Cross Lanes.
In a separate drug prosecution, Mitchell admitted that in March 2015, law enforcement executed a search warrant at her Charleston residence and discovered approximately 80 grams of cocaine and over 60 grams of crack in her bedroom, along over $7,600 in cash. Mitchell further admitted that in May 2015, law enforcement executed another search warrant at her residence in Charleston. While searching Mitchell’s residence, officers found that Mitchell was in possession of approximately 2.7 grams of crack in the pockets of her pants. Mitchell faces up to 20 years in federal prison when she is sentenced on January 25, 2017.
The Metropolitan Drug Enforcement Network Team conducted the investigation of Williams. Assistant United States Attorney John J. Frail is in charge of the Williams prosecution. The case against Mitchell was investigated by the Charleston Police Department’s Special Enforcement Unit. Assistant United States Attorney Timothy D. Boggess is responsible for the Mitchell prosecution. The hearings were held before United States District Judge Thomas E. Johnston.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including crack. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Topeka Man Sentenced for Conspiracy in Fort Riley Bomb PlotRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Tuesday to 15 months in federal prison for conspiring with another man who devised a plot to detonate a vehicle bomb at Fort Riley military base near Manhattan, Kan., Acting U.S. Attorney Tom Beall announced today.
Alexander E. Blair, 29, Topeka, Kan., pleaded guilty to one count of conspiracy. During a plea hearing, Blair admitted he conspired with co-defendant John T. Booker, Jr., 22, Topeka. Asked after he was arrested about the fact Booker’s plan called for America service members to die in the bombing, Blair said: “That’s what they signed (up) for.”
In March 2014, the FBI began an investigation into Booker, who called himself Mohammed Abdullah Hassan, concerning statements he made online indicating he wanted to wage jihad and to die in the process. Booker was arrested April 10, 2015, and charged with attempting to use a weapon of mass destruction and two other counts.
During the investigation of Booker, law enforcement officers learned that Blair shared some of Booker’s extremist views and loaned Booker money for the purpose of renting a storage unit that Booker used to store components for a bomb. Blair knew of Booker’s intent to detonate a bomb at Fort Riley and to “kill as many soldiers as possible.” Despite being convinced that Booker was serious about carrying out the plot, Blair chose not to report what he knew to the authorities.
Booker pleaded guilty to one count of attempted use of a weapon of mass destruction and one count of attempted destruction of government property. He is awaiting sentencing.
Beall commended the FBI Joint Terrorism Task Force, Assistant U.S. Attorneys Tony Mattivi and David Smith of the District of Kansas, and Trial Attorneys Josh Parecki and Rebecca Magnone of the National Security Division’s Counterterrorism Section for their work on the case.
Three Military Members Indicted for Paying Kickbacks to Tricare Beneficiaries to Obtain Prescriptions for Compounded MedicationsRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Cordera Hill (27, Tampa), Anthonio Miller (25, Tampa), and Rashad Barr (24, St. Petersburg) with one count of conspiracy and nine counts of offering to pay and paying kickbacks in connection with a federal health care benefit program. If convicted, each faces a maximum penalty of five years in federal prison on each count. The indictment also notifies the individuals that the United States intends to forfeit the proceeds traceable to the offenses.
According to the indictment, in October 2014, Hill, an active duty member of the United States Army, and Miller, an active duty member of the United States Navy, agreed to become sales representatives for Centurion Compounding, Inc. Centurion, a marketing firm in Wesley Chapel, utilized sales representatives as independent contractors to market compounded medications, specifically creams for pain and scars, to health care benefit program beneficiaries. These creams had very high reimbursement rates, ranging from approximately $4,000 to $17,000 for a one-month supply. Centurion focused its promotional efforts on TRICARE beneficiaries based upon an understanding and belief that TRICARE would pay claims for these compounded creams. Centurion directed the prescriptions that it received for the patients its sales representatives had recruited to two compounding pharmacies: Lifecare Pharmacy and later Oldsmar Pharmacy. Centurion received approximately 50 percent of the after-cost amount of each claim paid by a health care benefit program to the pharmacy for each prescription filled. Centurion then paid its sales representatives a percentage of the paid claims it received from the pharmacies.
With the help of patient recruiter Barr, who was a U.S. Army reservist, Hill, Miller, and others working with them agreed to make, made, and caused to be made illegal kickbacks in the form of cash payments, doctor visit co-pays, meals, travel costs, and entertainment expenses to TRICARE beneficiaries to induce those beneficiaries to see doctors for the purpose of obtaining prescriptions for compounded creams marketed by Centurion and filled at Lifecare and later Oldsmar, resulting in commission payments to Centurion and its sales representatives, including the defendants.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Defense Criminal Investigative Service, the FBI, the Department of Health and Human Services Office of Inspector General, and the DEA. It will be prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Three Arrested for Conspiracy to Commit Tax FraudRead the Press Release
SYRACUSE, NEW YORK – Ronnie E. Mejia, 27, Jeffrey Carvajal, 25, and Cerrone Hall, 29, all residents of New York City, were arrested today on an Indictment filed in Syracuse alleging they conspired to use stolen identities to defraud the Internal Revenue Service (IRS) through the filing of false federal income tax returns, announced United States Attorney Richard S. Hartunian.
The indictment alleges the three men and others conspired to use personal identification information stolen from residents of Puerto Rico to file fraudulent income tax returns in order to steal refund checks mailed to locations in the Syracuse area.
If convicted, all three men face up to twenty years in prison and fines of up to $250,000.00 for conspiring to commit mail and wire fraud. Defendants Ronnie E. Mejia and Cerrone Hall also face mandatory consecutive sentences of two years on each of ten aggravated identity theft counts. 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.
All three defendants were arraigned today in federal court in New York City. They are scheduled to appear in Syracuse before United States Magistrate Judge Andrew T. Baxter on October 31, 2016.
The charges in the indictment are merely accusations. The defendants are presumed innocent until proven guilty.
This case is being investigated by Internal Revenue Service, Criminal Investigations and the United States Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Richard R. Southwick.
Tallahassee Man Convicted of Federal Child Pornography CrimesRead the Press Release
TALLAHASSEE, FLORIDA – Ray Eugene Collins, 62, of Tallahassee, was convicted today of receipt, distribution, and possession of child pornography. The verdict was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
At trial, the government presented evidence that, in January 2014, law enforcement officers identified a computer determined to belong to Collins that was sharing child pornography files through a peer-to-peer network. A forensic review of Collins’s laptop and external hard drive revealed that Collins had downloaded dozens of videos and images of child pornography between October 2013 and January 2014.
This case resulted from investigations by the United States Immigration and Customs Enforcement Homeland Security Investigations and the Leon County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Jason S. Beaton.
Collins faces a minimum of five years and a maximum of 20 years in prison. Collins’s sentencing hearing is scheduled for January 11, 2017, at 11:00 a.m. at the United States Courthouse in Tallahassee.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Six MS-13 Members Sentenced to over Five Years in PrisonRead the Press Release
NEWARK, N.J. – Six members of the international street gang “Mara Salvatrucha” (also known as MS-13) were each sentenced to over five years in prison for various racketeering crimes including extortion, drug distribution, and conspiracy to commit murder, U.S. Attorney Paul J. Fishman announced today.
Amilcar Romero, a/k/a “Chichi,” 47, of Los Angeles, and German Lisandro Benites-Moreno, “Raro,” 23, of Houston, were each sentenced today by U.S. District Court Judge Stanley R. Chesler to 60 months in prison. Marvin Garcia-Cruz, a/k/a “Buffalo,” 33, of West New York, New Jersey, was sentenced today by Judge Chesler to 108 months in prison. Romero previously pleaded guilty to one count of racketeering conspiracy. Benites-Moreno previously pleaded guilty to one count of racketeering conspiracy and one count of conspiracy to ship firearms while being an illegal alien. Garcia-Cruz previously pleaded guilty to one count of conspiracy to commit murder in aid of racketeering and one count of conspiring to possess firearms in furtherance of a crime of violence.
On Oct. 17, 2016, Hector Carranza-Solis, a/k/a “Blackie,” 32, of West New York, Luis Lopez-Guzman, a/k/a “Nino,” 26, of Union City, New Jersey, and Rudy Gutierrez, a/k/a “Chiqui,” 24, of Union City, were each sentenced by Judge Chesler to 60 months in prison. Carranza-Solis and Lopez-Guzman each pleaded guilty to one count of conspiracy to commit murder in aid of racketeering. Gutierrez pleaded guilty to one count of racketeering conspiracy.
According to documents filed in this case and statements made in court:
Romero and Joel Antonio Cortez, 42, a/k/a “Pee Wee,” of Los Angeles, served as the top deputies to Jose Juan Rodriguez-Juarez, 34, the alleged leader of MS-13’s “national program” which was an effort to bring all of local sets operating in the United States under a single, cohesive leadership structure.
By autumn 2013, Rodriguez-Juarez had assigned Romero to serve as the primary point-of-contact between the leadership of Mara Salvatrucha in the United States and El Salvador, while Cortez assumed responsibility for recruiting Mara Salvatrucha cliques on the east coast of the United States to join the national program. Both are also alleged to have ordered acts of violence, including Cortez’s authorization of the November 2013 murder plot in Hudson County and Romero’s order to east coast-based gang members to collect money on behalf of the gang by force and violence.
Romero and Cortez also collaborated with MS-13 gang leaders in New Jersey, Virginia, Maryland, and elsewhere to establish a distribution chain for cheap Mexican cartel drugs, including heroin and crystal methamphetamine. Part of the profit from that drug distribution chain would then be funneled back to the gang’s leadership in California to further promote the gang’s criminal activity.
Benites-Moreno, a Texas-based enforcer, admitted discussing the use of extortion and threats of violence to collect “rent” from other gang members. He also admitted that from Jan. 5, 2014 through July 18, 2014, he conspired with others to ship firearms from Texas to the east coast of the United States, including New Jersey.
Lopez-Guzman, Carranza-Solis, and Rudy Gutierrez were three members of the “Hudson Locotes Salvatruchas” MS-13 clique based in Hudson County. Garcia-Cruz was the leader of “Pinos Locos Salvatrucha,” another MS-13 clique based in Hudson County. All four admitted to their roles in a conspiracy to murder an MS-13 member who had violated the gang’s rules and the member’s brother, who was alleged to belong to a rival gang. They admitted that they participated in telephone calls and other discussions with the leadership of the gang in the United States and El Salvador – including Cortes – to seek permission to kill the rival gang members. Law enforcement learned of the murder plot during the course of the investigation and arrested the defendants before it could be completed.
Romero’s sentence will be served consecutively to a 44-year prison sentence imposed by California state court in 1997 for attempted murder.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation. The investigation also involved substantial assistance from multiple FBI field offices, including the Los Angeles, California, office. U.S. Attorney Fishman also thanked the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, and the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Grace H. Park, for their work on this case. He also acknowledged the U.S. Attorney’s Office for the Central District of California for its assistance.
The government is represented by Assistant U.S. Attorneys James M. Donnelly and J. Jamari Buxton of the U.S Attorney’s Office Organized Crime/Gangs Unit in Newark.
Sharon Man Sentenced for Tobacco Tax Fraud and Money LaunderingRead the Press Release
BOSTON - A Sharon man was sentenced today in U.S. District Court in Boston in connection with illegally selling tobacco products and laundering the proceeds.
Kaleem Ahmad, 47, was sentenced by U.S. District Court Judge William G. Young to two years in prison, one year of supervised release and restitution in an amount to be determined by the Court at a later time. The Court also ordered forfeiture of hundreds of thousands of dollars in tobacco products and over $138,000 belonging to Ahmad and the tax-evading wholesale tobacco business in which he engaged. In May 2016, he pleaded guilty to conspiring to defraud Massachusetts of wholesale tobacco taxes and to filing a false personal income tax return.
Muhammad Saleem Iqbal, his partner, and Ahmad operated a wholesale business in Norwood under the name “Pick N Dip,” that sold tobacco products, including cigars and smokeless tobacco (such as snuff and chewing tobacco), as well as other non-tobacco items, to convenience stores, gas stations and other retail businesses. Under state law, smokeless tobacco wholesalers must file an excise tax form monthly and pay a 210% excise tax on smokeless tobacco brought into Massachusetts. Cigar wholesalers must file an excise tax form quarterly and must pay a 40% excise tax on cigars brought into Massachusetts.
In order to evade tobacco taxes, beginning around 2010, the three repeatedly purchased tens of thousands of dollars of smokeless tobacco and cigars in Pennsylvania where no taxes are imposed for these products. They then arranged to have the products covertly transported to Massachusetts for resale, without filing the records required by Massachusetts state law and federal law, and without paying excise taxes.
Ahmad and others transported more than $50,000 in cash at a time from Massachusetts to Pennsylvania where the money was used to purchase additional untaxed smokeless tobacco and cigars. They also engaged in large cash transactions in order to conceal and disguise the nature, location, source, ownership and control of the proceeds of their illegal tobacco business and to avoid transaction reporting requirements under federal and state law.
Iqbal was sentenced yesterday to 42 months in prison, two years of supervised release and ordered to pay restitution of $28,027,946 for his role in the scheme.
United States Attorney Carmen M. Ortiz; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and David W. Hall, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Valuable assistance was also provided by the Massachusetts Department of Revenue. Assistant U.S. Attorneys Stephen P. Heymann of Ortiz’s Economic Crimes Unit and Doreen Rachel, Chief of Ortiz’s Asset Forfeiture Unit, handled the case.
Roswell Man Pleads Guilty to Federal Conspiracy and Drug Trafficking ChargesRead the Press Release
ALBUQUERQUE – Joseph Ray Mendiola, 35, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine and cocaine trafficking charges. Under the terms of his plea agreement, Mendiola will be sentenced within the range of 120 to 180 months in prison followed by a term of supervised release to be determined by the court.
Mendiola is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 were charged with state offenses.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Mendiola, that distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Mendiola and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.
During today’s proceedings, Mendiola pled guilty to conspiracy to possess methamphetamine and cocaine with intent to distribute and possession of methamphetamine with intent to distribute. In entering the guilty plea, Mendiola admitted conspiring with his co-defendants to distribute methamphetamine and cocaine in Chaves County from June 2015 through July 31, 2015. Mendiola also admitted that on July 25, 2015, and July 31, 2015, he and a co-defendant arranged to purchase two pounds of methamphetamine with the intention of distributing it to others. Mendiola remains in custody pending a sentencing hearing which has yet to be scheduled
To date, all but one of Mendiola’s co-defendants have entered guilty pleas and are awaiting sentencing. The remaining defendant has entered a not guilty plea to the indictment. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Previously Charged U.S. Postal Employee Re-Arrested for Sexually Exploiting a ChildRead the Press Release
BOSTON – A United States Postal Service employee was re-arrested today after law enforcement discovered evidence that he sexually exploited a child sometime between 1999 and 2001.
Stephen Mantha, 62, of Spencer, was charged in a criminal complaint unsealed today with sexually exploiting a minor boy sometime between 1999 and 2001. Mantha was originally charged on Sept. 21, 2016, with possession of child pornography and accessing with the intent to view child pornography. He was arrested at that time, but was released to home detention on Sept. 26, 2016 pending trial.
It is alleged that, beginning in the summer of 2015, USPS Office of Inspector General investigators were alerted to suspicious internet searches being conducted by Mantha on a computer at the Shrewsbury processing and distribution center where he worked as an electronic technician. A subsequent investigation revealed that Mantha was using the USPS computer to search for, and view, images of child pornography on the internet.
On Sept. 21, 2016, a search warrant was executed at Mantha’s residence where computers, DVDs/CDs, video cassettes, an external hard drive, and over a dozen thumb drives were recovered. A preliminary on-scene forensic review of three of the thumb drives revealed images of child pornography. Since that time, federal agents have continued to review the materials and discovered a video of Mantha sexually assaulting a young boy, approximately seven years old. According to court documents, federal agents located and interviewed the victim depicted in the video (now an adult), and the victim confirmed the sexual exploitation.
The charge of sexual exploitation of a child provides for a mandatory minimum of 10 years and no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Eileen Neff, Special Agent in Charge of the United States Postal Service’s Office of Inspector General; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Chief David Darrin of the Spencer Police Department; and Chief James Hester, Jr. of the Shrewsbury Police Department, made the announcement today. Assistant U.S. Attorney Mark Grady of Ortiz’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Pair Sentenced for Roles in Analogue Distribution ConspiracyRead the Press Release
ABINGDON, VIRGINIA – Two more members of a 22-person conspiracy, that brought a controlled substance analogue into Southwest Virginia from as far away as China, were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
John Roma Bryan III and Wesley David Gross were sentenced today in the Federal Court for their roles in the conspiracy
Bryan, who previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute alpha-PVP, also known as “Flakka,” and one count of possessing a firearm in furtherance of a drug trafficking crime and using and carrying a firearm during and in relation to a drug trafficking crime, was sentenced today to 72 months in federal prison.
Gross previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute alpha-PVP. Today in District Court, Gross was sentenced to 96 months in federal prison.
“This form of synthetic drug, known as gravel and flakka, has dire health consequences for users and should be avoided at all costs,” United States Attorney Fishwick said today. “We are grateful to the work of our law enforcement partners for putting an end to this distribution conspiracy and slowing the importation of this deadly substance into our community.”
According to evidence presented at previous hearings by Assistant United States Attorney Erin M. Kulpa, members of the conspiracy, disturbed alpha-PVP, a controlled substance analogue, in Southwest Virginia between 2012 and 2015. Members of the conspiracy placed orders of the powder form of alpha-PVP from distributors based in Florida and China and had these items shipped to residential addresses in Wise, Virginia. The conspirators would retrieve the packages and distribute the contents to mid-and-low level dealers in and around Wise, Virginia for distribution to alpha-PVP users.
Members of the conspiracy also regularly transported the hard form of alpha-PVP, commonly known as “Gravel” from suppliers in North Carolina and Tennessee to Wise, Virginia for distribution. As part of the conspiracy, members would break the larger quantities of “Gravel” into smaller amounts for sale to drug users, typically .5 to 1 gram amounts.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Southwest Virginia Drug Task Force, the Virginia State Police, the Big Stone Gap Police Department, the Wise County Sheriff’s Office, the City of Norton Police Department, the Dickenson County Sheriff’s Office, the Sullivan County, Tennessee, Sheriff’s Office, the Coeburn Police Department, the Clintwood Police Department and the Wise Police Department. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
PCP Dealer Sentenced to 22 Years in Federal Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced George Jack Smith, age 29, of Burtonsville, Maryland, today to 22 years in prison, followed by five years of supervised release, for possession with intent to distribute phencyclidine (PCP), illegal possession of a firearm by a previously convicted felon; and using, carrying and discharging a weapon in connection with drug trafficking. A federal jury convicted Smith of those charges on December 7, 2015.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to evidence presented at the five day trial, on December 1, 2013, Smith got into a vehicle outside an apartment complex in the 9300 block of Cherry Hill Road in College Park, Maryland, in order to sell PCP to the vehicle’s occupants. One of the vehicle’s occupants pulled out a knife. Smith got out of the car and fired a gun in the direction of the vehicle as it drove away. One of the bullets broke a pane of glass at the entrance to the apartment building.
Witnesses testified that a short time later, Smith got into a taxi, which was stopped by law enforcement at the apartment complex. Smith was ordered out of the cab and taken into custody. Law enforcement recovered the following items from the pockets of Smith’s jacket: a vial containing ¾ ounce of PCP; a loaded .380 caliber pistol, which had been reported stolen; and a .38 caliber revolver with five spent rounds.
A search warrant was executed at Smith’s residence on December 2, 2013, and law enforcement recovered a third gun (a.22 caliber revolver).
Smith had at least two previous felony drug convictions and a conviction for robbery conspiracy, all in Montgomery County Circuit Court, and was therefore prohibited from possessing firearms or ammunition.
United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Nicolas A. Mitchell and Kristi N. O’Malley, who prosecuted the case.
Owner of Education-Services Companies Pleads Guilty to Offering Bribes and Kickbacks to Chicago Public Schools Chief in Exchange for ContractRead the Press Release
CHICAGO — The owner of two education-services companies admitted in federal court today that he offered bribes and kickbacks to former Chicago Public Schools chief BARBARA BYRD-BENNETT in exchange for obtaining a $2.09 million contract to train principals.
GARY SOLOMON admitted in a written plea agreement that he offered bribes and kickbacks to then-CPS chief Byrd-Bennett in exchange for her efforts to steer the sole-source contract to Solomon’s companies, THE SUPES ACADEMY LLC and SYNESI ASSOCIATES LLC. Byrd-Bennett had previously worked for the companies, and her fraudulent arrangement with Solomon called for her to return there as a consultant upon leaving CPS, according to the plea agreement. Solomon maintained a line item within the companies’ internal financial statements to set aside the kickback money, which would be paid to Byrd-Bennett in the form of a one-time signing bonus on her first day back, the plea agreement states. Solomon told Byrd-Bennett in an email, “If you only join for the day, you will be the highest paid person on the planet for that day. Regardless, it will be paid out on day one.”
In addition to arranging the kickbacks, Solomon also provided Byrd-Bennett with numerous other benefits, including meals and tickets to sporting events.
Solomon, 48, of Wilmette, pleaded guilty to one count of honest services wire fraud. The conviction carries a maximum sentence of 20 years in prison.
The Wilmette-based SUPES and Evanston-based Synesi also pleaded guilty today as corporate defendants to one count of honest services wire fraud. Each company faces a maximum fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater. The government anticipates that the advisory guideline fine will be in the range of $3.2 million to $6.4 million.
In addition to potential prison terms and fines, the individual and corporate defendants also will be ordered to join in a restitution payment to CPS. The defendants and the government agree that the total amount of restitution is $254,000, minus any credit for funds repaid prior to sentencing.
A sentencing hearing for Solomon, SUPES and Synesi has been scheduled for March 24, 2017, before U.S. District Judge Edmond E. Chang.
The guilty pleas were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Nicholas J. Schuler, Inspector General for the Chicago Public Schools.
All five defendants charged in the case have now been convicted. Byrd-Bennett, 67, of Solon, Ohio, pleaded guilty last year to one count of honest services wire fraud, which carries a maximum sentence of 20 years in prison. THOMAS VRANAS, a co-owner of SUPES and Synesi, pleaded guilty earlier this year to one count of conspiracy to commit federal program bribery. Vranas, 35, of Glenview, faces up to five years in prison. A sentencing hearing for Byrd-Bennett and Vranas has not yet been scheduled.
The government is represented by Assistant United States Attorneys Megan Cunniff Church and Lindsay Jenkins.
Owner of Four Local Restaurants and Two Others Charged in Conspiracy to Harbor Illegal AliensRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul, Jr. announced today that Sergio Ramses Mucino, 42, Jose Sanchez-Ocampo, 37, and Marguin Sanchez, 22, all of Buffalo, NY, were charged by criminal complaint with conspiracy to harbor illegal aliens. The charge carries a maximum penalty of 10 years in prison and $250,000 fine.
“This office will continue to ensure that all employers play by the same set of rules regarding the operation of their business,” said U.S. Attorney Hochul. “This is particularly true in the restaurant industry, where health, safety, and financial rules apply to protect the public and staff alike.”
“Building and supporting a business through the intentional use of people not lawfully authorized to work here is a model that HSI will not tolerate," said Kevin Sibley, acting Special Agent in charge of HSI Buffalo. "These alleged practices not only put competitors at an economic disadvantage, they often come at the peril of the workers.”
In addition, Juan Carlos Bernal-Lujano, 51, and Miguel Sanchez-Ocampo, 30, were charged with illegal re-entry after a felony conviction. Abel Cruz-Martinez, 46, Aida Ramirez-Arellano, 23, Alejandro Valadez-Leon, 47, and Aracelli Lopez-Martinez, 33, were also charged with illegal re-entry.Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, Mucino, with the assistance of Sanchez-Ocampo and Sanchez, operates four restaurants in the City of Buffalo, Town of Cheektowaga and Village of Kenmore. The restaurants, where Mucino allegedly employs multiple unauthorized individuals, include Don Tequila on Allen Street in Buffalo, El Agave on Union Road in Cheektowaga, Agave on Elmwood Avenue in Buffalo, and La Divina on Delaware Avenue in Kenmore.
In March 2016, Immigration and Customs Enforcement received information that Mucino made all decisions regarding hiring and employee remuneration. The investigation further revealed that a majority of the workforce at Mucino’s restaurants are undocumented employees who are paid weekly in cash and that there are one or two legal employees per restaurant who receive payroll checks. After paying each employee in cash, each business allegedly grosses approximately $50,000 in cash, per week, none of which is reported for state or federal taxes.
A review of four bank accounts associated with the restaurants showed that Mucino would frequently commingle payroll and monthly expenses among these accounts. Between January 1, 2014 and June 2016, Mucino issued and endorsed checks to Sanchez-Ocampo, identified as his “right hand man” totaling approximately $278,432. And between June 27, 2015 and October 20, 2015, Mucino issued and endorsed checks to Marquin Sanchez totaling approximately $102,476.38.
Ongoing surveillance between July 2014 and the present found 38 Hispanic individuals working at the restaurants and living in nine apartments and two houses within close proximity to the restaurants. The investigation determined that the nine apartments are being rented and paid for Mucino and Sanchez-Ocampo and the two houses were purchased by Marguin Sanchez in cash for the purpose of housing the illegal workers. The complaint further alleges the employees worked six days a week, 14 hours a day and are paid approximately $500 to $800 in cash, per week.
Mucino and Sanchez-Ocampo have been arrested and will make an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroder. Marguin Sanchez has not yet been taken into custody.
During this morning’s operation, officers seized a 2008 Ford Edge and a 2016 Cadillac Escalade allegedly used to transport the workers as well as a 2009 Porsche Boxter which was purchased with the illegal restaurant proceeds.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the New York State Department of Taxation and Finance.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Over 10,000 Students to Take Pledge Against Gun ViolenceRead the Press Release
U.S. Attorney Kenneth A. Polite announced that on Wednesday, October 19, 2016, over 10,000 students in 36 schools across Southeast Louisiana will participate in his Office’s second district-wide Student Pledge Against Gun Violence Day.
Middle and high school students will sign a voluntary pledge promising that they will never take a gun to school, will never resolve a dispute with a gun, and will use their influence to prevent friends from using guns to resolve disputes. Elementary school children will make a simpler commitment, pledging that if they see a gun they will not touch it, they will assume that any gun they see might be loaded, and they will tell a teacher or a trusted adult.
In coordination with the Department of Justice’s Project Safe Neighborhoods program, the Student Pledge Against Gun Violence is a national program that recognizes the role that young people, through their own decisions, can play in reducing gun violence. This campaign against youth gun violence culminates each October in a Day of National Concern about Young People and Gun Violence. Students from around the country will join together in pledging to do their part to end gun violence. Over 10 million students nationwide have signed the pledge since its inception in 1996.
U.S. Attorney Polite stated that his Office began using the pledge during the 2013-14 school year. Because of the outstanding response from school leaders and students, the Office decided to expand the initiative district-wide to include all schools in all 13 parishes, including Assumption, Jefferson, Lafourche, Plaquemines, Orleans, St. Bernard, St. Charles, St. James, St.
John the Baptist, St. Tammany, Tangipahoa, and Terrebonne. "Our Office is pleased to take this opportunity to reach out to students, engage in a dialogue about gun violence and the importance of making right choices, and encourage them to become peacemakers of our time," stated U.S. Attorney Polite.
In addition to providing the pledges, members of the U.S. Attorney’s Office and other state, local, and federal law enforcement agencies will serve as speakers at several schools to talk to students about what they can do to reduce gun violence in their communities.
Participating Schools include:
ASSUMPTION PARISH
Assumption High School
JEFFERSON PARISH
Alice Birney Elementary School
C. T. Janet Elementary School
Fisher Middle-High School
Frederick Douglass Elementary School
Grand Isle School
Gretna No. 2 Academy for Advanced Studies
Hazel Park Elementary School
McDonogh 26 Elementary School
Shirley Johnson/Gretna Park Elementary
St. Mary Magdalen
T. H. Harris Middle School
Vic A. Pitre Elementary School
William Hart Elementary School
LAFOURCHE PARISH
South Thibodaux Elementary School
ORLEANS PARISH
De La Salle High School
Dwight D. Eisenhower Academy of Global Studies
Gentilly Terrace Charter School
James M. Singleton Charter School/Dryades YMCA
Lafayette Academy Charter School
Lake Forest Charter School
Milestone Academy
Pierre A. Capdau Charter School
Samuel J. Green Charter School
Schaumburg Elementary Charter School
St. Benedict the Moor
The Good Shepherd School
William J. Fischer Accelerated Academy
PLAQUEMINES PARISH
Our Lady of Perpetual Help School
ST. JOHN THE BAPTIST PARISH
Lake Pontchartrain Elementary
Ory Magnet Elementary School
West St. John Elementary School
West St. John High School
ST. TAMMANY PARISH
Pope John Paul II High School
Florida Parishes Juvenile Detention Center
TERREBONNE PARISH
School for Exceptional Children
Participating Federal, State and Local Law Enforcement Agencies include:
Bureau of Alcohol, Tobacco, Firearms and Explosives
Drug Enforcement Administration
Federal Bureau of Investigation
Jefferson Parish Sheriff’s Office
New Orleans Police Department
Plaquemines Parish Sheriff’s Office
St. John Parish Sheriff’s Office
U.S. Attorney’s Office, Eastern District of Louisiana
U.S. Marshals Service
Orlando Men Sentenced for Armed Robberies of Publix SupermarketsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Cecil Dante Buckner (36, Orlando) to 34 years and 6 months in federal prison and Jarmen Lindell Sharp (34, Orlando) to 13 years in federal prison for their participation in a conspiracy to rob Publix supermarkets. Buckner also pleaded guilty to brandishing a firearm during and in relation to the robberies.
According to court documents, beginning no later than February 28, 2014, and continuing through April 23, 2014, Buckner, Sharp, and another individual conspired to rob Publix supermarkets in Orange and Volusia Counties. Specifically, on February 28, 2014, the two men and their co-conspirator robbed the Publix located at 2295 Aloma Avenue in Winter Park; on March 16, 2014, they robbed the Publix located at 7640 West Sand Lake Road in Orlando; and on March 30, 2014, they robbed the Publix located at 2410 South Woodland Boulevard in DeLand. During each of the robberies, Buckner and a co-conspirator wore masks and gloves to conceal their identities. Buckner held store customers and employees at gunpoint at the front of the stores, while the co-conspirator forced store employees into the cashier room at gunpoint and stole cash. Sharp acted as the “lookout” during each of the robberies, waiting in the parking lot of the stores to alert Buckner and the co-conspirator in the event that law enforcement arrived. In total, Buckner, Sharp, and their co-conspirator stole over $24,000 from Publix as a result of these robberies.
Additionally, on May 4, 2016, Buckner and another individual robbed the Publix supermarket located at 2515 Thonotosassa Road in Plant City. During that robbery, Buckner held store customers and employees at gunpoint while the other individual forced a store employee into the cashier room at gunpoint. As a result of this robbery, Buckner and the other individual stole over $18,000 from Publix.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Orange County Sheriff’s Office, the Winter Park Police Department, and the DeLand Police Department. It was prosecuted by Assistant United States Attorney Kara M. Wick.
November 2016 ElectionsRead the Press Release
LAS VEGAS, Nev. – United States Attorney Daniel G. Bogden announced today that Assistant United States Attorney (AUSA) Carla Higginbotham will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Higginbotham has been appointed to serve as the District Election Officer (DEO) for the District of Nevada, 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.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” stated U.S. Attorney Bogden. “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.
On Election Day, Nov. 8, there will be command posts in Reno and Las Vegas staffed by members of the Nevada Election Integrity Task Force, which includes the FBI, Nevada Secretary of State’s Office and U.S. Attorney’s Office. They will assist with the investigation of any complaints of election fraud or voting rights abuses, and will ensure that such complaints are directed to the appropriate authorities.
Complaints may be filed by a number of ways:
- By completing the Election Law Violation Form on the Nevada Secretary of State’s website: http://nvsos.gov/sos/elections/election-information/resources/report-potential-election-law-violation;
- By calling the NV Secretary of State at (775) 684-5718;
- By calling the FBI in Las Vegas at (702) 385-1281 and asking for FBI Special Agent Michael B. Elliott.
- Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by telephone at (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
- By contacting our United States Attorney’s Office Points of Contact. In southern Nevada, AUSA Nick Dickinson can be reached at (702) 388-6336. In northern Nevada, AUSA Carla Higginbotham can be reached by contacting (775) 784-5438.
We are pleased to again be a part of this most important effort to ensure the 2016 election is administered fairly. 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.
Northeast Arkansas Roundup Results in 11 Arrests in Methamphetamine Trafficking RingRead the Press Release
LITTLE ROCK—Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas; along with Matthew Barden, Assistant Special Agent in Charge of the Drug Enforcement Administration (DEA), Little Rock District Office; and Jeffrey B. Reed, Resident Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Little Rock Field Office, announced today the unsealing of a multiple- count indictment charging 13 defendants in northeast Arkansas and southeast Missouri with multiple drug and weapons charges.
An investigation into a large-scale drug trafficking organization based in Blytheville resulted in the early-morning arrests of 11 of the 13 defendants on charges involving conspiracy to distribute and distribution of methamphetamine and weapons possession. Six defendants were arrested in the Blytheville and one in Jonesboro, while two were arrested in Missouri towns (Malden and Steele) near Arkansas. Two others were served arrest warrants while incarcerated in the Dunklin County, Missouri, jail. Two of the indicted individuals, Brad Vernon and Joseph Riley, are still at large.
The defendants arrested today will remain in custody and have initial appearances before United States Magistrate Judge Joe. J. Volpe on Thursday.
“We remain resolute in our continuing effort to help the people of northeast Arkansas, and the Delta in general, combat the plague of methamphetamine and gun violence,” Thyer said. “If the drugs dealers won’t go away, neither will we. While past law enforcement operations have slowed the drug trade in northeast Arkansas, now we have people from neighboring states coming into Blytheville to purchase large quantities of meth. Today’s operation, the culmination of a combined, cooperative effort from multiple federal and state law enforcement agencies, makes clear we will not permit this behavior to go unchecked and unpunished.”
Some of the co-conspirators arrested today have been known to law enforcement for several years, dating back to previous drug investigations in Blytheville. This joint DEA-ATF investigation began in mid-2015, with a series of smaller controlled purchases of methamphetamine from targets in Missouri. Eventually, as law enforcement informants increased the amounts of methamphetamine they purchased, these targets brought the informants to their main meth suppliers in Blytheville to buy larger amounts, up to quarter-pounds at a time.
All told, law enforcement directly purchased more than one kilogram (1000 grams) of methamphetamine from the Arther James and Robert Brown drug-trafficking organization (DTO) in 17 controlled purchases. The entire conspiracy involves multiple kilograms of methamphetamine. In addition, agents seized nine firearms from James, Brown, and Antonio McNichols, all of whom are convicted felons. Five of the firearms were seized during the Tuesday morning arrests, while four others were seized during search warrants conducted during the investigation.
“Today’s arrests demonstrate DEA’s relentless effort to reduce violent crime and rid our streets of criminal drug trafficking organizations,” Barden said. “In conjunction with our federal, state and local partners, we continue to work together to end the scourge of drugs and violence that erode the quality of life in our neighborhoods. These arrests send a clear message that our community will not tolerate the heinous activity perpetrated by drug traffickers and shows our commitment to work together to dismantle violent street gangs.”
The indictment was handed down by a federal grand jury on October 6, 2016. The indictment charges 13 defendants in 28 separate counts. The counts include conspiracy to possess with intent to distribute methamphetamine, distribution of methamphetamine, felon in possession of firearms, and the use of a telephone to facilitate a drug trafficking crime. If convicted of conspiracy to distribute more than 500 grams of methamphetamine, defendants will face a sentence of not less than 10 years to life imprisonment.
“The Bureau of Alcohol, Tobacco, Firearms & Explosives Little Rock Field Office, Cape Girardeau Field Office and the DEA Little Rock Field Office worked jointly with the Mississippi County Sheriff’s Office and the Second Judicial District Drug Task Force in an extensive investigation to thwart a drug-trafficking organization in the Mississippi County area of Arkansas,” Reed said. “This joint investigation led to the arrest of several offenders to create a safer environment for the communities of northeast Arkansas.”
The investigation was jointly led by the DEA and ATF, with cooperation and additional assistance from the Second Judicial District Drug Task Force, the Blytheville Police Department, the Mississippi County Sheriff’s Department, the Osceola Police Department, and the Arkansas Highway Police. The case is being prosecuted by Assistant United States Attorney Chris Givens.
An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.
JAMES/BROWN DTO INDICTMENT DEFENDANTS- Arther Lionel JAMES, 38, Blytheville (arrested in Blytheville)
- Brad VERNON, 34, Gosnell (fugitive)
- Adam BAILEY, 35, Kennett, MO (incarcerated in Dunklin, Co., MO, Jail)
- Angeleke BLANKENSHIP, 43, Kennett, MO (arrested in Malden, MO)
- Antonio BRODIE, Blytheville (arrested in Jonesboro)
- Justin BUYS, 31, Blytheville (incarcerated in Dunklin, Co., MO, Jail)
- Heath FOWLER, 40, Blytheville (arrested in Blytheville)
- Keith KEYS, 49, Blytheville (arrested in Blytheville)
- Antonio McNICHOLS, 46, Blytheville (arrested in Blytheville)
- Lewis MILES, 45, Blytheville (arrested in Blytheville)
- Joseph RILEY, 30, Blytheville (fugitive)
- Robert Lamont BROWN, 39, Blytheville (arrested in Blytheville)
- Steven THOMAS, 31, Steele, MO (arrested in Steele, MO)
STATUTORY SENTENCESConspiracy to possess with intent to distribute and to distribute more than 500 grams of methamphetamine is punishable by not less than 10 years, not more than life, incarceration in the Bureau of Prisons with a possible fine of up to $10,000,000, and not less than 5 years supervised release.
Conspiracy to possess with intent to distribute and to distribute more than 50 grams but less than 500 grams of methamphetamine is punishable by not less than 5 years, not more than 40 years’ incarceration in the Bureau of Prisons with a possible fine of up to $5,000,000, and not less than 4 years supervised release.
Conspiracy to possess with intent to distribute and to distribute less than 50 grams of methamphetamine is punishable by not more than 20 years’ incarceration in the Bureau of Prisons with a possible fine of up to $1,000,000, and not less than 3 years supervised release.
Distribution of 50 grams or more of actual methamphetamine is punishable by not less than 10 years, not more than life, incarceration in the Bureau of Prisons with a possible fine of up to $10,000,000, and not less than 5 years supervised release.
Distribution of 5 grams or more of actual methamphetamine is punishable by not less than 5 years, not more than 40 years’ incarceration in the Bureau of Prisons with a possible fine of up to $5,000,000, and not less than 4 years supervised release.
Distribution of 50 grams or more of methamphetamine mixture is punishable by not less than 5 years, not more than 40 years’ incarceration in the Bureau of Prisons with a possible fine of up to $5,000,000, and not less than 4 years supervised release.
Distribution of a mixture containing a detectable amount of methamphetamine is punishable by not more than 20 years’ incarceration in the Bureau of Prisons with a possible fine of up to $1,000,000, and not less than 3 years supervised release.
Possession of a firearm by a felon is punishable by not more than 10 years’ incarceration in the Bureau of Prisons with a possible fine of up to $250,000, and not more than 3 years supervised release.
Use of a communication facility to facilitate a drug trafficking crime is punishable by not more than 4 years’ incarceration in the Bureau of Prisons with a possible fine of up to $250,000, and not more than 1 year supervised release.
North Carolina Man Sentenced for Using Force Against Muslim Woman to Obstruct Her Free Exercise of Religion on an AirplaneRead the Press Release
ALBUQUERQUE – Gill Parker Payne, 37, of Gastonia, North Carolina, was sentenced today in federal court in Albuquerque for using force or the threat of force to intentionally obstruct a Muslim woman in the free exercise of her religious beliefs. Payne was sentenced to a year of probation, which will include two months of home detention, and was ordered to pay a $1000.00 fine.
Payne was sentenced based on his guilty plea on May 13, 2016. According to court documents, on Dec. 11, 2015, Payne and a Muslim woman, identified as K.A., were on board a Southwest Airlines flight from Chicago, Ill., to Albuquerque. K.A. was wearing a religious headscarf, known as a hijab. Payne was seated several rows behind K.A. on the airplane, and did not know her.
In entering his guilty plea, Payne admitted that he saw that K.A. was wearing a hijab and was aware that it is a religious practice of Muslim women to wear a headscarf. Payne further admitted that shortly before landing, but while still in-flight, he walked up the aisle to where K.A. was sitting and stopped next to her seat. Payne proceeded to tell K.A. to take off her hijab while saying, “This is America! Take that shit off.” Payne then grabbed the back of the hijab and pulled it all the way off, leaving K.A.’s entire head exposed. As a result, K.A. felt violated and quickly pulled the hijab back up and covered her head again.
“The prosecution of this case sends a clear message to anyone who contemplates the use of threats or intimidation to interfere with the right of individuals, including members of our Muslim community, to express their faith without fear,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “The Justice Department is committed to protecting the religious rights of Muslims in New Mexico by aggressively prosecuting those who perpetrate hate crimes against them.”
“All Americans, regardless of their differences, deserve to be treated with respect,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “As the lead agency for enforcing federal civil rights laws, the FBI will continue to hold accountable those individuals whose intolerant acts harm others. I would like to thank the FBI staff in Albuquerque and Charlotte, North Carolina, for their work on this case, as well as the U.S. Justice Department’s Civil Rights Division, the U.S. Attorney’s Office and Albuquerque Aviation Police.”
The case was investigated by the FBI’s Albuquerque Division, and was prosecuted by Assistant U.S. Attorney Margaret Vierbuchen of the District of New Mexico and Special Litigation Counsel Fara Gold of the Civil Rights Division’s Criminal Section.
New York Man Charged with Attempted Sex Trafficking of A MinorRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal information was filed today charging a New York man who was staying in northeastern Pennsylvania at the time of his arrest, with attempted sex trafficking of a minor.
According to United States Attorney Bruce D. Brandler, the defendant Adrian Smith, age 21, is accused in the information of participating in the attempted sex trafficking of three female minors in Scranton during August 2016.
The charge stems from an investigation by special agents of the Federal Bureau of Investigation with assistance from Scranton Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
If convicted, Smith faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Milford Man Pleads Guilty to Federal Firearms OffenseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that LEONARD SIKORSKI, 60, of New Milford, waived his right to be indicted and pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to one count of illegal possession of a firearm bearing an obliterated serial number.
According to court documents and statements made in court, in September 2015, SIKORSKI transported three rifles, two shotguns and 1,561 live rounds of ammunition to a pair of storage lockers he rented in Danbury. On October 22, 2015, SIKORSKI admitted to investigating agents that he had placed several firearms in those storage lockers, and gave the agents consent to search and seize the items. One of the items, a 12 gauge Remington shotgun, had an obliterated serial number.
SIKORSKI agreed to forfeit and abandon the firearms and ammunition seized from his storage lockers based on federal laws barring unlawful users of controlled substances from possessing firearms. SIKORSKI also agreed to surrender to the FBI five additional handguns and two additional rifles seized by the Naugatuck and New Milford police during separate car stops of SIKORSKI.
SIKORSKI is scheduled to be sentenced on January 13, 2017, at which time he faces a maximum term of imprisonment of five years and a fine of up to $250,000.
SIKORSKI is currently in state custody serving a sentence for illegally possessing explosives.
This matter is being investigated by the Federal Bureau of Investigation, Connecticut State Police and New Milford Police Department. The case is being prosecuted by Assistant U.S. Attorney Henry Kopel.
New Hartford Businessman Sentenced for Filing False Tax ReturnsRead the Press Release
SYRACUSE, NEW YORK – Dino Tucciarone, 57, of New Hartford, New York, was sentenced today by Senior U.S. District Judge Frederick J. Scullin, Jr. to serve a three (3) year term of probation and perform sixty (60) hours of community service, announced United States Attorney Richard S. Hartunian. The sentenced followed his May 18, 2016 guilty plea to one count of filing a false federal income tax return.
As part of his guilty plea, Tucciarone admitted that he owned and operated Disaster Services, Inc. in New Hartford, New York, and earned substantial income over and above what he reported on his personal federal income tax returns. The defendant admitted that he made material misrepresentations in his tax returns by substantially under reporting his income and tax liability for the years 2007, 2008 and 2009. The unreported income resulted in additional tax as well as penalties and interest due to the IRS totaling more than $284,000.00.
This case was investigated by the Internal Revenue Service Criminal Investigation Division, Syracuse, New York Resident Office, and was prosecuted by Assistant United States Attorney Ransom P. Reynolds.
Moreno Valley Man Sentenced to Nearly 20 Years in Prison for Advertising, Distributing, and Possessing Pornographic Images of Toddlers and Infants in Online ChatroomRead the Press Release
LOS ANGELES – A Moreno Valley man has been sentenced to nearly two decades in federal prison for advertising child pornography in a members-only online chatroom for people with a sexual interest in infants and toddlers.
Angelo Harper Jr., 21, was sentenced on Monday to 235 months in prison and lifetime supervised release by United States District Judge R. Gary Klausner. Harper was convicted of advertising child pornography after a trial in July. Harper also pleaded guilty in July to distributing child pornography and possession of child pornography.
The evidence presented at trial showed that Harper used the Kik Messenger social media platform to access a chatroom for those interested in nepiophilia, which is a sexual interest in infants and toddlers. Last year, an agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations entered the chatroom using an undercover Kik account, and accessed several postings about child pornography – made by an individual later identified as Harper – which included images depicting child pornography and a link to an explicit video. At one point, Harper wrote: “I have tons of pics and vids of little boys and girls. Pm me for chat and trade of kids under 6 [winking face emoji].”
“Pedophiles who use technology to share child pornography re-victimize each child and perpetuate the market for this criminal behavior,” said United States Attorney Eileen M. Decker. “This case highlights the fact that defendants like this one will not escape prosecution by hiding in the dark corners of the Internet.”
As a result of the investigation, HSI agents seized numerous digital devices from Harper that contained child pornography, and Harper admitted to using Kik to transmit child pornography. In total federal agents seized approximately 9,000 images of child pornography and over 500 videos.
“This lengthy sentence should serve as a sobering warning about the consequences facing those who use the internet to traffic in child pornography and sexually exploit their innocent, helpless victims,” said Edward Owens, acting special agent in charge for Homeland Security Investigations (HSI) in Los Angeles. “The perversion of the perpetrators involved in these egregious crimes is frankly appalling and must be punished to the fullest extent of the law.”
The investigation into Harper was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
This case was prosecuted by Assistant United States Attorneys George E. Pence and A. Carley Palmer of the General Crimes Section.
Missouri Man Who Set Fire to Mosque and Who Attempted Arson at Planned Parenthood Sentenced to 63 Months in PrisonRead the Press Release
Jedediah Stout, 32, of Joplin, Missouri, was sentenced today in the Western District of Missouri to 63 months in prison for setting fire to the Islamic Society of Joplin mosque as well as for two attempted arsons of a Planned Parenthood clinic in Joplin, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Tammy Dickinson of the Western District of Missouri.
Stout pleaded guilty on April 18, 2016, to a four-count information that charged him with one count of damage to the Islamic Society of Joplin mosque, two counts of arson at a Planned Parenthood facility in Joplin and one count of violating the Freedom of Access to Clinic Entrances Act. Stout was also ordered to pay $701,971 in restitution.
Stout, who told investigators that he did not like Islam as a religion, admitted in his guilty plea to setting a fire that destroyed the mosque on Aug. 6, 2012. The mosque served families from neighboring states, many of whom provided funding for the operation of the mosque. As a direct result of the fire, many donations made during the Muslim holy period of Ramadan were destroyed.
In his guilty plea, Stout also admitted to two arson attempts on Oct. 3 and Oct. 4, 2013, against the Planned Parenthood of Joplin. In both attempts, Stout threw items containing an accelerant onto the roof of the Planned Parenthood facility and then ignited material attached to the accelerant. Surveillance video captured his consecutive attempts to set the fires and Stout was apprehended soon after those attempts. Stout admitted to investigators that he was responsible for both Planned Parenthood arson attempts and for the mosque arson, and that he had committed the mosque arson using the same kind of incendiary device as in the Planned Parenthood arson attempts. Stout further admitted that he targeted Planned Parenthood because they provide reproductive health care services.
“This sentence sends a clear message that violence targeting where people worship or access reproductive health care services violates federal law and carries severe consequences,” said Principal Deputy Assistant Attorney General Gupta. “The Justice Department will continue to vigorously investigate and prosecute these crimes as we strive to protect the safety and diversity of our communities.”
“No American should fear being the victim of violence simply for exercising their constitutional rights,” said U.S. Attorney Dickinson. “When hate and intolerance lead to criminal attacks, we will protect our citizens and defend their civil rights.”
The case was investigated by the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Missouri State Highway Patrol and the Joplin Police Department. This case is being prosecuted by Assistant U.S. Attorney Jim Kelleher of the Western District of Missouri and Trial Attorney Julia Gegenheimer of the Civil Rights Division’s Criminal Section.
Member of Heroin/Fentanyl Trafficking Conspiracy Sentenced to 108-Month Prison TermRead the Press Release
DAYTON – Josue Morales-Medina, 41, of Mexico was sentenced in U.S. District Court to 108 months in prison for his role in trafficking heroin laced with fentanyl in the Miami Valley.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, members of the Homeland Security Investigations (HSI) Bulk Cash Smuggling Task Force, Montgomery County Sheriff Phil Plummer, Ohio State Highway Patrol Colonel Paul A. Pride, announced the sentence handed down yesterday by U.S. District Judge Thomas M. Rose.
According to court documents, Ohio State Highway Patrol troopers stopped a vehicle in which Morales-Medina was a passenger on I-75 in Dayton in November 2015 for a traffic violation. Morales-Medina had approximately $298,000 in cash from trafficking drugs. Troopers contacted the Homeland Security Investigation’s Bulk Cash Smuggling Task Force. Investigators went to a Dayton home used by Morales and others to store drugs. Inside the home, investigators found more than eight kilograms of fentanyl, nearly one kilogram of heroin and a firearm. They arrested Morales-Medina. He has been in custody since his arrest. He pleaded guilty on May 20, 2016 to one count of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin.
Morales-Medina, an illegal alien from Mexico, faces deportation at the conclusion of his prison sentence.
United States Attorney Glassman commended the cooperative investigation by those involved in the HSI Bulk Cash Smuggling Task Force, along with State Highway Patrol officers and Montgomery County Sheriff deputies, as well as Assistant United States Attorney Andrew Hunt, who represented the United States in this case.
Member of Dockworkers Union Guilty in Scheme that Bilked Health Care Plan by Fraudulently Billing for Chiropractic ServicesRead the Press Release
LOS ANGELES – A member of the International Longshore and Warehouse Union (ILWU), Local 13, was convicted by a federal jury on federal fraud charges for causing two medical clinics to bill the union’s health care plan for chiropractic services that were not provided or were not medically necessary.
David Gomez, 52, of San Pedro, was convicted late Friday by a jury in Los Angeles of 20 counts of mail fraud. After the verdicts were returned, United States District Judge R. Gary Klausner ordered Gomez taken into custody.
The ILWU represents dockworkers at the ports of Los Angeles and Long Beach. Members of the union receive benefits, including health care benefits, through the ILWU-Pacific Maritime Association Welfare Plan.
According to the evidence presented at trial, Gomez and his co-defendant, Sergio Amador, opened a clinic in Long Beach in 2009 that operated under the name Port Medical and provided medical and chiropractic care. The next year, they opened a second clinic operating under the same name in San Pedro.
Gomez and Amador also created medical management companies that they used to receive funds generated by the medical clinics, which they then used to pay themselves and to pay incentives to ILWU members to use, and encourage other ILWU members, to use the Port Medical clinics. These incentives were often paid as “sponsorships” of basketball or softball teams, with the understanding that the ILWU member receiving the “sponsorship” would visit, and encourage other team members to visit, Port Medical.
According to the evidence presented at trial, Port Medical chart entries were falsified to indicate that ILWU members and their dependents, including children as young as 5 years old, had received repeated chiropractic services, including multiple sessions of massage therapy, that they had not. To accomplish this, ILWU members were asked to sign their names on multiple sign-in stickers that were used to create the fabricated chart entries, or their signatures on stickers affixed to the chart entries were simply forged.
Other evidence at trial related to instructions provided to Port Medical massage therapists on how to craft chart entries to maximize billing and make services appear to be medically necessary, a requirement for them to be covered by the ILWU-PMA Welfare Plan. Included were instructions to massage therapists never to write that a patient had indicated “no complaints,” and to make sure not to copy or write chart entries “exactly the same each time, change things up a little!!!”
“This defendant stole money intended to protect and promote the health of unionized dockworkers,” said United States Attorney Eileen M. Decker. “In taking these funds from the Welfare Plan for his personal profit, this defendant undermined the continuing efforts of the ILWU and PMA to provide comprehensive medical benefits to his fellow union members and their families.”
Over the life of the fraudulent scheme, the medical management companies controlled by Amador and Gomez received at least $3 million that derived from funds paid by the Welfare Plan to Port Medical.
“This case is particularly egregious since defendant Gomez was a longshoreman and a longtime member of the ILWU who was operating a healthcare clinic in close proximity to the port - all ingredients for the perfect recipe to defraud the ILWU-PMA health insurance plan,” said Deirdre Fike, the Assistant Director in Charge of the FBI's Los Angeles Field Office. “The FBI and our partners will continue to vigorously address health care fraud, a major crime issue which affects patients and consumers, and society as a whole in terms of its economic impact.”
Gomez’s sentencing was set for January 9, 2017. At the time of sentencing, Gomez will face a statutory maximum sentence of 20 years in prison on each of the 20 counts of conviction.
“David Gomez conspired with others to victimize the union health plan and its participants by billing for services not rendered, services not medically necessary and services that did not address specific conditions of patients. In an age of rising medical care costs the Office of Inspector General will continue to work with our law enforcement partners to combat fraud involving union affiliated health and welfare plans,” said Special Agent in-Charge Abel Salinas of the Los Angeles Regional Office, U.S. Department of Labor, Office of Inspector General.
“This was a major scheme to defraud a Southern California dockworkers medical plan that provides crucial services to thousands of hardworking men and women,” said Crisanta Johnson, Regional Director for the Department of Labor's Employee Benefits and Security Administration. “It's unconscionable that the defendants would game such a sacred program to line their own pockets.”
Amador pled guilty earlier this year to 20 counts of mail fraud and is scheduled to be sentenced on December 1.
The case against Gomez and Amador was investigated by the U.S. Department of Labor – Office of Inspector General, Office of Investigations; the U.S. Department of Labor – Employee Benefits Security Administration; and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney George S. Cardona, Chief of the Major Frauds Section.
Maine Resident Pleads Guilty to Participating in A Multi-State Heroin Trafficking Conspiracy Based in StroudsburgRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 20-year-old Maine resident pleaded guilty yesterday before U.S. District Court Judge Malachy E. Mannion in Scranton, to participating in a heroin trafficking conspiracy that stretched from Stroudsburg to New York to the state of Maine.
According to United States Attorney Bruce D. Brandler, the defendant, Stephon Davis, who used the street name “Chicken,” admitted to conspiring with others to sell heroin between 2010 and 2015. Davis admitted responsibility for distributing more than 100 grams of heroin during the conspiracy, which is approximately equivalent to more than 3,300 retail bags of heroin.
Davis was indicted along with six other people by a federal grand jury in Scranton in September 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County.
The indictment alleges that Davis and his co-defendants participated in a street gang known as the Black P-Stones, obtained heroin from suppliers in New York, and distributed the heroin in Stroudsburg and locations in the state of Maine. According to the indictment, couriers were used to transport heroin to Maine, where Davis and others distributed it to customers.
Davis faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison. Judge Mannion will schedule sentencing after completion of a pre-sentence investigation and report.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Kansas City, Mo. Man Charged with Transporting Woman for ProstitutionRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Mo., man was charged in federal court for enticing an 18-year-old woman across state lines for prostitution, Acting U.S. Attorney Tom Beall said.
Derrick D. Horne, 26, Kansas City, Mo., was charged with one count of enticing a person to cross state lines to engage in prostitution. A criminal complaint alleged the case grew out of an undercover operation by the Kansas City, Kan., Police Department and the FBI to target individuals who promote prostitution and to recover victims of human trafficking.
On Oct. 15, 2016, an undercover officer responded to an adult website advertisement and arranged to meet a sex worker and to pay for sex, starting at $150 for half an hour. When Horne dropped the sex worker off to meet the officer at a recreational vehicle parked behind a hotel at 1805 N. 110th Street in Kansas City, Kan., both he and the woman were arrested.
Investigators learned Horned had recruited the woman to be a prostitute, saying she could be his “lil business woman/escort” and she would “get money for doing nothing (the) majority of the time.” The first time Horne set up an appointment for the woman, the client paid $170. Horne got $80 and the woman got $90.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Kansas City, Kansas Police Department, Kansas City, Missouri Police Department, Wyandotte County Sheriff’s Department, Overland Park, Kansas Police Department, and the FBI investigated.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Justice Department Files Brief to Address the Use of Criminal Background Checks by Housing ProvidersRead the Press Release
The Justice Department filed a statement of interest today arguing that the Fair Housing Act (FHA) requires that landlords who consider criminal records in evaluating prospective tenants do not use overly broad generalizations that disproportionately disqualify people based on a legally protected characteristic, such as race or national origin.
The statement of interest was filed in the U.S. District Court for the Eastern District of New York in Fortune Society Inc. v. Sandcastle Towers Housing Development Fund Corp. et al. The case was brought by an organization that helps formerly incarcerated individuals find housing challenging the practices of an affordable rental apartment complex with 917 units in Far Rockaway, Queens.
In the statement of interest, the department aims to assist the court in evaluating whether a housing provider’s policy that considers criminal records in an application process produces unlawful discriminatory effects in violation of the FHA. Although the FHA does not forbid housing providers from considering applicants’ criminal records, the department states in its filing that “categorical prohibitions that do not consider when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then run a substantial risk of having a disparate impact based on race or national origin.”
The brief explains that when a housing provider has a criminal record check policy with a disparate impact, the housing provider must “prove with evidence – and not just by invoking generalized concerns about safety – that the ban is necessary.” Even then, the policy will still violate the FHA if there is a less discriminatory alternative.
“This filing demonstrates the Justice Department’s steadfast commitment to removing discriminatory barriers that prevent formerly incarcerated individuals from restarting their lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Women and men who served their time and paid their debt to society need a place to live, yet unlawful housing policies can too often prevent successful reentry to their communities. While not all criminal records policies adopted by landlords violate the Fair Housing Act, we will take action when they do."
“Landlords' categorical refusals to rent to individuals who have served their debts to society can illegally discriminate against those individuals based on their race or national origin,” said U.S. Attorney Robert L. Capers of the Eastern District of New York. “This office will continue to work to fight such discrimination.”
In this case, the plaintiff argues that the Sandcastle complex had a policy of refusing to rent to individuals with prior convictions for felonies or misdemeanors other than traffic offenses. The plaintiff argues that this policy has an unjustified disparate impact against prospective African-American and Hispanic tenants, in violation of the FHA. In the statement of interest, the department does not take a position on the factual accuracy of the plaintiff’s arguments, but instead addresses the appropriate legal framework for analyzing its claim. The legal framework set forth in the filing is consistent with the guidance released by the U.S. Department of Housing and Urban Development in April 2016 concerning how the FHA applies to the use of criminal records by providers or operators of housing and real-estate related transactions.
Fortune Society Inc. v. Sandcastle Towers Housing Development Fund Corp. et al. was filed in the Eastern District of New York in 2014. After the completion of pre-trial discovery, both parties have asked the court to enter judgment in their favor before trial. Those requests, filed in September 2016, are now pending with the court.
Sandcastle SOI