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7 December 2016
Broward County Resident Sentenced in Identity Theft Tax Fraud Scheme Involving the Use of Unauthorized Debit Card Account NumbersRead the Press Release
A Broward County resident was sentenced to 24 months in prison, to be followed by three years of supervised release for his involvement in an identity theft tax fraud scheme involving the trafficking in, use, and possession of unauthorized debit card account numbers.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Dan Giustino, Chief, Pembroke Pines Police Department, made the announcement.
Maraldy Necker Jean, 39, previously pled guilty to one count of trafficking in and using one or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(2), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, fraudulent tax returns were filed using the names and Social Security numbers of individuals without their permission. On February 6, 2014, Jean and co-defendant Wilna Joseph, 36, of Broward County, drove to a Wells Fargo Bank in Pembroke Pines, and Joseph attempted to withdraw cash from the ATM using a debit card encoded with an account number belonging to one of the tax return victims. The defendants then drove to a Citibank, located in Pembroke Pines, where Joseph made four withdrawals, totaling approximately $1,200.00, using a debit card encoded with an account number belonging to another one of the tax return victims.
At the time of their arrest, on February 6, 2014, the defendants, between them, had fifteen unauthorized debit cards registered in the names of other persons. The debit cards had been funded with fraudulently obtained federal income tax refunds totaling approximately $76,249.20.
Wilna Joseph was sentenced on November 18, 2016 to 10 months in prison, to be followed by one year of supervised release.
Mr. Ferrer commended the investigative efforts of IRS-CI, the FBI, and the Pembroke Pines Police Department. The case is being prosecuted by Assistant United States Attorneys Daya Nathan and Jonathan K. Osborne and Special Assistant United States Attorney Tyler Jett.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Bronson Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced December 6, 2016, to twelve years in federal prison.
Andrew Tucker-Moreno, 30, from Bronson, Iowa, received the prison term after an August 24, 2016, guilty plea to one count of conspiracy to distribute methamphetamine.
At the guilty plea, Tucker-Moreno admitted that from about 2015 through March 2016 he and others distributed more than 500 grams of actual (pure) methamphetamine. During a March 2016 search warrant at Tucker-Moreno’s residence in Moville, Iowa, law enforcement officers seized 679 grams of actual (pure) methamphetamine, .25 caliber pistol, two digital scales as well as other indicia of drug trafficking.
Tucker-Moreno was sentenced in Sioux City by United States District Court Judge Leonard T. Strand. Tucker-Moreno was sentenced to 144 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Tucker-Moreno is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-4047. Follow us on Twitter @USAO_NDIA.
Boston Man Pleads Guilty to Multi-Million Dollar Scheme to Defraud Brokerage FirmsRead the Press Release
BOSTON – A Boston man pleaded guilty today in U.S. District Court in Boston in connection with a three-year, multi-million-dollar fraud scheme.
Nathanial Ponn, 28, pleaded guilty to three counts of wire fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for March 1, 2017.
From 2012 to April 2015, Ponn opened more than 400 brokerage accounts at nine investment firms throughout the United States, using false names, Social Security numbers, assets and income to open many of them. These firms allowed customers to transfer funds from one financial institution into the customer’s brokerage account through an Automated Clearing House (ACH) transfer, by providing the account number and financial institution where the account was held and the amount to be transferred. Between February 2014 to April 2015, Ponn provided ACH transfer information to brokerage firms for accounts he opened on more than 350 occasions, totaling more than $8.5 million in attempted transfers. In each instance, the bank account Ponn provided did not have the amount of funds requested or, in some circumstances, did not even exist. Although the ACH transfers were rejected, the fraudulent transfers created the false appearance that the brokerage accounts had cash available to purchase securities.
Through this scheme, Ponn was able to purchase securities totaling more than $2.7 million in accounts at eight investment firms. When the firms discovered that the ACH transfers were rejected, they liquidated the securities in Ponn’s accounts. As part of the scheme, Ponn also attempted, unsuccessfully, to get the brokerage firms to send him checks totaling about $250,000, based on the same false ACH information.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million on each count. 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.
The U.S. Attorney’s Office received valuable assistance from the Securities and Exchange Commission, which filed a civil action against Ponn in March 2016 arising out of the scheme to defraud investment firms.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Mark J. Balthazard of Ortiz’s Economic Crimes Unit is prosecuting the case.
Boise Federal Jury Convicts Texas Residents in Retail Fraud SchemeRead the Press Release
BOISE – On December 5, 2016, a federal jury returned guilty verdicts on all counts against Alejandro Hidalgo, 27, Dilcia Martinez-Marquez, 26, Enrique Matos-Herrera, 30, and Jose Salazar-Quintana, 29, of Amarillo, Texas for using stolen debit card numbers to make over $30,000 of fraudulent purchases at local Walmart stores and other businesses, U.S. Attorney Wendy J. Olson announced. All defendants were convicted of conspiracy to commit wire fraud. Hidalgo also was convicted of six counts each of wire fraud and aggravated identity theft. Martinez-Marquez also was convicted of four counts of wire fraud. Matos-Herrera was convicted of four counts each of wire fraud and aggravated identity theft. And Salazar-Quintana was convicted of seven counts each of wire fraud and aggravated identity theft.
The week-long trial before Senior U.S. District Judge Edward J. Lodge established that the defendants, and their co-defendants, Luis Mejias-Fiz, 25, and Eslay Monzon, 43, traveled to Idaho for the purpose of executing their scheme. Mejias-Fiz and Monzon previously pleaded guilty. The group rented hotel rooms and traveled to at least seven Walmart stores and a couple of Walgreens stores in the Treasure Valley on October 15 and 16, 2015. They obtained stolen debit card numbers from “dark web” internet sites that traffic in stolen account numbers. The defendants targeted Idaho residents by obtaining stolen debit card account numbers from Idaho Independent Bank. They fraudulently encoded the stolen account numbers onto the magnetic strips of stock gift cards and then used the re-encoded cards to purchase new gift cards and other merchandise. On October 16, 2015––thanks in part to tips from members of the public––the Meridian Police Department apprehended the defendants in the vehicle they were sharing. Through the investigation, law enforcement recovered thousands of dollars-worth of gift cards, merchandise, and a computer that the defendants used to execute their scheme.
Mejias-Fiz’s sentencing is scheduled for January 11, 2017. Monzon’s sentencing is scheduled for January 19, 2017. The defendants convicted at trial are set to be sentenced on March 9, 2017.
Conspiracy to commit wire fraud and wire fraud are punishable by up to 20 years in prison, a $250,000 fine, and three years of supervised release. Aggravated identity theft is punishable by a mandatory two years in prison, to be served consecutively to the sentence imposed for the underlying felony.
The case was investigated by the Meridian Police Department and the United States Secret Service.
Bay Stater Pleads Guilty in Illegal Scheme to Buy Firearms in HooksettRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Michael Younge pleaded guilty in federal court to participating in an illegal scheme to purchase firearms. Younge pleaded guilty to one count of the federal crime of Aiding and Abetting the Making of a False Statement in Connection with the Attempted Acquisition of a Firearm. Younge, 26 years old, lived in Framingham and Boston, Massachusetts, prior to his arrest.
According to court documents and statements made during the hearing, Younge, two associates and Younge’s girlfriend, Tasha Gardner, visited a federally licensed firearms dealer in Hooksett, N.H., on July 15, 2015. Younge and the one of the associates, facilitated by the second associate, solicited Gardner to buy hand guns for Younge and the first associate. Gardner agreed. Younge and the first associate were both convicted felons and therefore could not legally buy a firearm themselves. Younge and the first associate were also both residents of Massachusetts. Under federal law, it is illegal for a firearms dealer to sell hand guns to out-of-staters. Gardner attempted to purchase the firearms for Younge and the first associate. In connection with that attempt Gardner filled out a form legally required for all intrastate over-the-counter gun purchases. On that form, Gardner falsely certified that she was the “actual purchaser” of the two hand guns. The transfer of firearms was never accomplished because employees of the firearms dealer became suspicious and declined to complete the transaction.
United States District Judge Landya McCafferty took Younge’s guilty plea and scheduled his sentencing for March 16, 2017. He is subject to a statutory maximum sentence of ten years imprisonment, a fine of up to $250,000 or both. Younge is detained pending trial. Gardner pleaded guilty to a related charge on November 4, 2016, and is scheduled for sentencing on February 21, 2017.
This matter was investigated by the Bedford Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Manchester (N.H.) Police Department. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Atlanta Police Sergeant Charged with using Excessive Force against Walmart CustomerRead the Press Release
ATLANTA – Trevor King, a sergeant with the Atlanta Police Department (APD), has been indicted by a federal grand jury on charges of using excessive force against a customer at an Atlanta Walmart store.
“We work closely with APD and its dedicated officers every day to make our city safer. This indictment, however, alleges conduct that is so far outside the bounds of an appropriate police-citizen encounter that this officer must be held accountable,” said U.S. Attorney John Horn.
According to U.S. Attorney Horn, the indictment, and other public information: In 2014, APD Sgt. Trevor King was working off-duty as a security officer at the Walmart store located on Martin Luther King, Jr., Boulevard in downtown Atlanta. On the evening of October 13, 2014, King, dressed in his APD uniform, and carrying an expandable baton, stopped a customer from exiting the store because he wrongfully believed the customer had shoplifted. King allegedly grabbed the customer’s shirt and began to strike the man with his baton. King struck the customer multiple times, breaking the customer’s leg.
Trevor King, 48, of Rex, Georgia, is expected to be arraigned on these charges in federal court within the next week.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Brent Alan Gray and DOJ Civil Rights Division Trial Attorney Sanjay Patel are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Atlanta Police Sergeant Charged with Using Excessive ForceRead the Press Release
Atlanta Police Sergeant Trevor King, 48, of Rex, Georgia, was charged by a federal grand jury with violating the rights of a man by using excessive force against him on Oct. 13, 2014.
The indictment was announced today by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, and U.S. Attorney John Horn of the Northern District of Georgia.
According to the indictment and other publicly available information, in 2014, King was working off-duty as a security officer at a Walmart store located on Martin Luther King Jr. Boulevard in downtown Atlanta. On the evening of Oct. 13, 2014, King, dressed in his APD uniform and carrying an expandable baton, stopped a customer from exiting the store because he wrongfully believed the customer had shoplifted. King allegedly grabbed the customer’s shirt and began to strike the man with his baton. King struck the customer multiple times, breaking the customer’s leg.
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
The case is being investigated by the FBI and is being prosecuted by Trial Attorney Sanjay Patel of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Brent Alan Gray of the Northern District of Georgia.
Albany Man Pleads Guilty to Firearm and Drug ChargesRead the Press Release
ALBANY, NEW YORK – Calvin Strong, age 24, of Albany, New York, pled guilty today to unlawfully possessing a handgun, and to possessing and intending to distribute cocaine, crack cocaine and heroin.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his guilty plea, Strong admitted that on October 18, 2015, while in an apartment in Troy, New York, he unlawfully possessed a Kimber Ultra Raptor II, a .45 caliber handgun, and cocaine, crack cocaine, and heroin, with the intent to distribute those drugs. As a felon, Strong could not lawfully possessing the handgun.
Strong faces up to 30 years in prison, a maximum fine of $2 million, and a term of post-imprisonment supervised release of at least 6 years and up to life when he is sentenced on May 8, 2017 by Senior U.S. District Judge Thomas J. McAvoy.
This case was investigated by the ATF and the Albany Police Department, and is being prosecuted by Assistant U.S. Attorney Richard Belliss.
Alabama Man Sentenced to 10 Years in Prison for Child ExploitationRead the Press Release
OXFORD – Wesley Scott Greene, 25, of Opelika, Alabama, was sentenced by Chief U.S. District Judge Sharion Aycock in Aberdeen, Mississippi, today to serve 120 months in prison for child exploitation, and 120 months in prison for crossing state lines to engage in sexual activity with a minor. Greene will serve the two sentences concurrently.
Greene will also serve 10 years of supervised release following his incarceration. Greene was remanded to the custody of the United States Marshals Service to begin his sentence.
U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Special Agent in Charge Christopher Freeze of the FBI’s Jackson, Mississippi Division, and Mississippi Attorney General Jim Hood made the announcement.
“The United States Attorney’s Office for the Northern District of Mississippi is committed to the protection of our children and we will vigorously prosecute those predators who seek to exploit and abuse them. Our office appreciates the hard work of all the federal, state, and local agencies that participated in this investigation,” said U.S. Attorney Adams.
“As technology advances, criminals continue to find new ways to prey on children,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “The FBI will remain vigilant to technological advances to stay one step ahead of those attempting to exploit children.”
"The conclusion of this case is another good example of how effective law enforcement agencies can be when they work collaboratively to take criminals off the streets and away from our children,” said Mississippi Attorney General Jim Hood. “It’s extremely important for us to continue working together as state, federal and local partners to protect kids from those who would exploit and abuse them.”
Greene was arrested by FBI Agents and Task Force Officers on March 24, 2016 in his former hometown of Opelika, Alabama. In April 2016, the federal grand jury returned a two count indictment charging Greene with violations of 18 USC 2422(b), using facilities in interstate commerce to entice or coerce a minor to engage in sexual activity, and 18 USC 2423(b), traveling in interstate commerce to engage in sexual activity of a minor. On July 25, 2016, Greene pled guilty to both charges.
The FBI Jackson Division’s Child Exploitation Task Force conducted the investigation with assistance from the Itawamba County Sheriff’s Department and the FBI in Auburn, Alabama. The task force is composed of agents from the FBI and the Mississippi Attorney General’s Office and prosecutors from the United States Attorney’s Offices in Oxford and Jackson.
Akron Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert J. Strach, 54, of Akron, NY, pleaded guilty to possession of child pornography, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that Strach was part of an online community dedicated to the exchange and discussion of child pornography. On March 7, 2016, Special Agents from Homeland Securities Investigations, Child Exploitation Unit, executed a search warrant at the defendant’s residence and seized a desktop computer. Forensic examination of the computer revealed that Strach was in possession of two hard drives containing 76 videos and 273 images of child pornography, some of which depicted children less than 12 years old, and some of which contain depictions of violence.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Child Exploitation Unit, under the direction of Special Agent-in-Charge James C. Spero.
Sentencing is scheduled for March 24, 2016 at 12:30 before Judge Arcara.
Active Duty Member of U.S. Military Charged with Stealing and Selling Military-Issued Night Vision TechnologyRead the Press Release
Defendant Zachary Sizemore, an active-duty service member of the United States Air Force, made his initial appearance this morning before United States Magistrate Judge Marilyn Go at the U.S. Courthouse in Brooklyn, New York, on charges of theft and sale without authority of night-vision devices and components stolen from the Air Force. He was released on a $50,000 bond.
On November 29, 2016, the defendant was arrested on the Wright-Patterson Air Force Base in Dayton, Ohio, where he is stationed. He appeared that afternoon before United States Chief Magistrate Judge Sharon L. Ovington at the U.S. Courthouse in Dayton, Ohio, and was ordered to appear at the federal courthouse in Brooklyn this morning.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, Craig Rupert, Special Agent-in-Charge for the Department of Defense, Defense Criminal Investigative Service (DCIS) and Angel M. Melendez, Special Agent-in-Charge for the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), New York.
“Our military’s night vision technology is among the most advanced in the world. As alleged, the defendant made stolen, military-issued, night vision devices available on the internet to anyone with the means to purchase them. Such technology gives our soldiers a critical advantage on the battlefield. Stealing that technology and selling it to the highest bidder puts our soldiers at risk. We will continue to use all of the law enforcement tools at our disposal to help protect our soldiers abroad,” stated United States Attorney Capers. Mr. Capers expressed his grateful appreciation to the U.S. Attorney’s Office for the Southern District of Ohio, the Air Force Office of Special Investigations, and Customs and Border Protection for their assistance.
DCIS Special Agent-in-Charge Rupert stated, “Continued cooperation with our military and federal law enforcement partners guarantees success in pursuing those who threaten the security of our American warfighters, their families, and our facilities, not to mention the investment of the American taxpayer in state-of-the-art technology for personal gain. This complaint highlights a continuing threat that DCIS will not be deterred in pursuing.”
“As an active duty member of the United States Air Force, Sizemore allegedly broke the sacred military oath of protecting this nation when he stole and sold high-tech military technology on the internet,” stated Special Agent-in-Charge Melendez of HSI New York. “This night vision equipment is highly advanced, giving our military a much deserved edge on today’s battlefield. HSI is committed to making sure this technology does not fall into the wrong hands.”
Night vision devices acquired by the United States military, such as the items allegedly stolen and sold by the defendant, contain components made to military specifications. They are required by the military to be rendered useless for their intended purpose prior to leaving government control. United States military policies prohibit the private sale of fully functional military-issued night vision equipment.
According to the complaint, between July 2013 and November 2016, Sizemore sold or attempted to sell at least three night vision devices that were stolen from the United States military, including an AN/PVS-7D night vision goggle and two mini-thermal monoculars. In addition, he created online postings for, and sold or attempted to sell, approximately 45 items described as night vision equipment or thermal equipment. Of those postings, Sizemore sold at least 38 such items for approximately $50,000.
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces up to 10 years in prison, forfeiture, and a fine of up to $250,000.
The government’s case is being prosecuted by Assistant United States Attorney Nomi D. Berenson.
The Defendant:
ZACHARY SIZEMORE
Dayton, Ohio
Age: 24E.D.N.Y. Docket No. 16-M-1051
6 December 2016
York Man Guilty of Allowing His Home to Be Used as Drug Distribution SiteRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Frederick Gladfelter, age 46, of York, Pennsylvania, pleaded guilty today before United States District Court Judge John E. Jones, III, to allowing his home to be used as a site for the distribution of heroin and crack cocaine.
According to United States Attorney Bruce D. Brandler, in January 2015, a York City man died after buying and using heroin sold at Gladfelter’s residence.
Co-defendant Dameon Lattimore of New York pled guilty before Judge Jones in May 2016 to a charge of distributing heroin that resulted in death. Sentencing has not yet been scheduled. Co-defendant Yushonda Durant, also of New York, remains a fugitive.
The investigation was conducted by the Drug Enforcement Administration, the York City Police Department and the York County District Attorney’s Office. Prosecution is assigned to Assistant U.S. Attorney William A. Behe.
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 to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 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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Winner Woman Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, woman has been indicted by a federal grand jury for Assault by Striking, Beating, and Wounding.
Mary Marso, age 64, was indicted on November 9, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 2, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to one year in custody and/or a $100,000 fine, one year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 10, 2015, Marso struck a juvenile student at the Todd County Elementary School in Mission, South Dakota.
The charge is merely an accusation and Marso is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Marso was released on bond pending trial, which has not been set.
Wilmington Man Sentenced to 48 Months Imprisonment for Illegal Oxycodone DistributionRead the Press Release
WILMINGTON, Del. – Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that Lawrence Brinkley, age 51, of Wilmington, was sentenced on December 2, 2016, by U. S. District Court Judge Richard G. Andrews to 48 months of imprisonment and three years of supervised release.
The sentencing came after Mr. Brinkley pled guilty on August 2, 2016 to conspiracy to distribute and possess with intent to distribute oxycodone.
Between July 2014 and January 2016, Mr. Brinkley was the ringleader of a group of individuals that obtained prescriptions for oxycodone pills and filled those prescriptions in Delaware pharmacies. Brinkley and his co-conspirators then illegally sold those pills on the street.
After the sentencing, U.S. Attorney Oberly stated, “We are satisfied with this substantial sentence. The abuse of prescription drugs is an epidemic in Delaware. Anyone tempted to make money by selling oxycodone illegally should know that the punishment will be severe.”
“The illegal diversion and sale of prescription opioids is a violation of federal law and of great concern to the DEA,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “All too often the abuse of prescription opioids leads to heroin use, overdoses, and even death. The DEA will remain vigilant in pursuing criminal groups that seek to distribute prescription drugs such as these.”
The case was investigated by the Drug Enforcement Administration and Task Force Officers from the Newark Police Department, the New Castle County Police Department, the Delaware State Police, and the Maryland State Police. It was prosecuted by Assistant United States Attorney Jennifer Hall. U.S. Attorney Oberly thanked the investigators for their hard work in pursuing this investigation.
Wilmington Man Sentenced for Drug Trafficking and Possession of A Firearm by A FelonRead the Press Release
NEW BERN – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court today, United States District Judge Louise W. Flanagan sentenced KRISTOPHER OWEN DANIELS, 32, of a Wilmington, North Carolina to 152 months of imprisonment followed by 5 years of supervised release.
DANIELS, was convicted in a jury trial on September 13, 2016 of Possession with Intent to Distribute a Quantity of Cocaine Base (Crack) and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and two-counts of Possession of a Firearm by a Felon.
On May 31, 2014, officers with the Wilmington Police Department, responded to the scene of a reported domestic incident involving an individual threatening the use of a gun. Investigation revealed that DANIELS engaged in a verbal argument with his mother, in their residence regarding money. His mother’s boyfriend, intervened on her behalf and DANIELS began arguing with him.
Investigators encountered DANIELS outside of the residence. DANIELS fled the scene on foot and was observed running with his hands in his pockets. Investigators challenged DANIELS to stop; however, DANIELS continued to run until he crashed into a nearby set of bushes where he was observed throwing items onto the ground. Upon searching the area, investigators recovered a loaded .38 caliber pistol, ammunition, an estimate of 23.094 grams of cocaine base (crack), $2,100 in U.S. currency, and approximately 5.32 grams of marijuana. Investigation determined that DANIELS is a convicted felon, which prohibits him from possessing firearms and ammunition. A search of DANIELS’ bedroom resulted in the seizure of a stolen .38 caliber revolver, ammunition, and $399 in U.S. currency. DANIELS stated that he purchased the stolen revolver from a neighbor.
The criminal investigation of this case was conducted by Wilmington Police Department, New Hanover County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF). Assistant United States Attorney S. Katherine Burnette is handling the case on behalf of the government.
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News releases are available on the U. S. Attorney’s webpage at www.usdoj.gov/usao/nce within 48 hours of release.
West Virginia man guilty of failing to register as sex offenderRead the Press Release
ELKINS, WEST VIRGINIA – Timothy A. Yeigh, 28, of Camden on Gauley, West Virginia, pled guilty in federal court today for failing to register as a sex offender, United States Attorney William J. Ihlenfeld, II, announced.
Yeigh admitted to traveling in interstate commerce from West Virginia to Florida and failing to update his registration as a sex offender. He faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah W. Montoro prosecuted the case on behalf of the government. The United States Marshals Service investigated.
U.S. Magistrate Judge Michael John Aloi presided.
West Manchester Man Pleads Guilty to Distributing Child Pornography After Having Been Convicted of Prior Sex OffenseRead the Press Release
DAYTON, Ohio – Ronald Scott Gibson, 46, of West Manchester, Ohio, pleaded guilty in U.S. District Court to distributing child pornography after having been convicted of a prior related state sex offense.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea entered into today before U.S. District Walter H. Rice.
According to court documents, Gibson’s illegal activity was discovered when the Swiss Federal Criminal Police conducted an investigation to identify those possessing and sharing child pornography through an online file sharing program. A search warrant of Gibson’s computers uncovered hundreds of files of child pornography. Gibson was previously convicted of Gross Sexual Imposition in Preble County Common Pleas Court in 1998.
Distributing child pornography after being convicted of a prior offense related to aggravated sexual abuse, sexual abuse or abusive sexual conduct involving a minor is a crime punishable by at least 15 years up to 40 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Assistant United States Attorney Andrew J. Hunt, who is representing the United States in this case.
United States Settles with Eyeland Optical Centers over Medicaid False ClaimsRead the Press Release
PHILADELPHIA – The United States announces that it has settled allegations under the False Claims Act with Eyeland Optical Centers, a chain of eye care centers in Pennsylvania. The settlement resolves allegations that Eyeland had billed Medicaid for more than four lenses per year, in violation of Pennsylvania’s Medicaid regulations, and retained those payments even once it became aware that it had done so. Eyeland has agreed to pay $135,328.56 to resolve these claims.
The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General. It was prosecuted by Assistant United States Attorneys Paul W. Kaufman and David A. Degnan.
Two Sentenced for Trafficking in Counterfeit Viagra and CialisRead the Press Release
HOUSTON – Two men have been sentenced to federal prison following convictions of conspiring to traffic in counterfeit Viagra and Cialis and introducing adulterated and misbranded prescription drugs into interstate commerce, announced U.S. Attorney Kenneth Magidson. Martez Alando Gurley, 41, and Victor Lamar Coates, 47, admitted they each trafficked more than 10,000 counterfeit tablets.
Today, U.S. District Judge David Hittner sentenced Gurley to 75 months in federal prison and ordered him to pay $410,508 in restitution to Pfizer Inc. and Eli Lilly and Company - the licensed patent trademark holders of Viagra and Cialis. Coates received a sentence of 46 months and must pay $314,565 in restitution. Each defendant must also serve three years of supervised release following completion of their prison terms.
“The Food and Drug Administration (FDA) is charged with ensuring that prescription drugs distributed to U.S. consumers are safe and effective. When criminals introduce prescription drugs into the U.S. that are not FDA-approved, they jeopardize the public’s health,” said Special Agent in Charge Spencer E. Morrison of the FDA - Office of Criminal Investigations’ (OCI) Kansas City Field Office. “Our office will continue to pursue and bring to justice those whose quest for profits places the public’s health at risk through the distribution of illegitimate drugs.”
Gurley was convicted of trafficking at least 12,960 counterfeit Viagra and counterfeit Cialis tablets from his home in Napa, California, while Coates was convicted of trafficking at least 10,288 counterfeit Viagra and counterfeit Cialis tablets from his home in Philadelphia, Pennsylvania. Both defendants sold the counterfeit drugs to individuals in the Houston area for further distribution to unsuspecting customers. Gurley and Coates illegally imported the counterfeit into the United States from sources in China.
Testing on samples of the counterfeit Viagra revealed the drugs contained less than the 100 mg of active pharmaceutical ingredient (API) listed on the labels, while testing on the counterfeit Cialis revealed small quantities of the Viagra API and none of the Cialis API. In addition, some of the counterfeit Viagra tablets were found to contain the unrelated compound 2-MBT. The counterfeit Viagra and Cialis tablets looked like the authentic products and included labels and packaging that closely resembled the registered trademarks of Eli Lilly and Company, and Pfizer Inc.
In arriving at the sentences, Judge Hittner considered the fact that the illegally imported counterfeit drugs did not contain the correct medication indicated on the labelling and could cause harm to unsuspecting consumers of the pills.
Gurley was immediately taken into custody following the hearing pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future, while Coates was permitted to remain on bond and voluntarily surrender at a later date.
The FDA - OCI and Homeland Security Investigations conducted the investigations. Assistant U.S. Attorney Julie Redlinger prosecuted the case.
Two Indicted for Heroin Introduction at USP CanaanRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton indicted Sable Daniel, age 27, of Philadelphia, Pennsylvania, for distribution of heroin and providing an inmate with contraband and Russell Whitmore, age 33, an inmate at United States Penitentiary, Canaan (USP Canaan), for possession of contraband by an inmate.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Daniel delivered heroin to Whitmore during a visit at USP Canaan.
The investigation was conducted by the Federal Bureau of Investigation and officers at USP Canaan. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
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 to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 under federal law for this offense is 20 years of 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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Three charged with mail and wire fraudRead the Press Release
CLARKSBURG, WEST VIRGINIA –Federal indictments were returned today charging three individuals with mail and wire fraud charges, United States Attorney William J. Ihlenfeld, II, announced.
Tyree Skipper, 44, currently incarcerated at Federal Correctional Institution Hazelton, and Debra Skipper, 60, of Euclid, Ohio were each charged with one count of “Conspiracy to Commit Mail and Wire Fraud” and two counts of “Wire Fraud.” Tyree Skipper was also charged with two counts of “Aggravated Identity Theft.” They each face up to twenty years in prison and a fine of up to $250,000 for both the conspiracy and the wire fraud charges, while Tyree Skipper faces an additional two years in prison on the identity theft charges.
Daniel Aaron Stone, 36, currently incarcerated at Federal Correctional Institution Beckley was charged in a separate indictment with one count of “Attempt to Commit Wire Fraud,” three counts of “Aggravated Identity Theft,” and two counts of “Possession of Fifteen or More Access Devices with Intent to Defraud.” He faces up to twenty years in prison and a fine of up to $250,000 for the attempt charge; two years in prison for the aggravated identity theft charge; up to 10 years in prison and a fine of up to $250,000 for the each of the access device charges.
Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Andrew R. Cogar is handling the cases on behalf of the government. The Internal Revenue Service, Criminal Investigations, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Texas Man Sentenced to over 15 Years’ Imprisonment for Producing Child PornographyRead the Press Release
SAN FRANCISCO – Marty Allen Rochester was sentenced today to 186 months in prison for producing child pornography announced United States Attorney Brian J. Stretch and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.
Rochester, 55, of Magnolia, Texas, pleaded guilty on July 19, 2016, to production of visual depictions of minors engaging in sexually explicit conduct. In July 2014, Rochester used online chat services, including Skype, to contact a girl he eventually learned was nine years old at that time, and he persuaded her to create sexually explicit images of herself and send them to him. Rochester saved the images on his computer and sent them to another person with whom he later conspired to produce more sexually explicit depictions of the minor victim. Moreover, Rochester possessed more than 200 sexually explicit images of minors and more than 25 sexually explicit videos of minors, some of which included depictions of pre-pubescent minors under the age of 12.
A federal grand jury indicted Rochester on January 28, 2016, charging him with distribution of child pornography, in violation of 18 U.S.C. § 2252; production of child pornography, in violation of 18 U.S.C. § 2251; and conspiracy to produce child pornography, in violation of 18 U.S.C. § 2251. Rochester pleaded guilty to the production charge.
The sentence was handed down by the Honorable Vince Chhabria, U.S. District Judge. In addition to the prison term, defendant was ordered to serve a ten-year period of supervised release, including conditions prohibiting his use of computers and Internet, prohibiting him from frequenting locations where children may be present, and requiring him to submit to searches upon request of law enforcement, among other conditions. Rochester will begin serving the sentence immediately.
Assistant U.S. Attorney Andrew Dawson is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by HSI.
Ten Defendants Charged with Drug Trafficking and Attempted Robbery in the Queensbridge Houses and West VirginiaRead the Press Release
Earlier today, an indictment was unsealed in the United States District Court for the Eastern District of New York, charging seven defendants for their involvement in narcotics trafficking and an attempted Hobbs Act robbery in the Queensbridge Houses located in Long Island City, NY. Three additional defendants involved in narcotics trafficking in the Queensbridge Houses were indicted by the Queens County District Attorney’s Office and charged with felonies for selling cocaine. Six of the defendants are under arrest.
The federal defendants’ initial appearances and arraignments are scheduled this afternoon before United States Magistrate Judge Marilyn D. Go at the federal courthouse in Brooklyn, New York. The two state defendants’ initial appearances and arraignments are also scheduled for this afternoon in Queens County Supreme Court.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Richard A. Brown, District Attorney for Queens County; James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA); and James P. O’Neil, Commissioner, New York City Police Department (NYPD). The arrests follow a long-term investigation by the DEA and NYPD into the narcotics and related violence that has plagued the Queensbridge Houses for the last decade.
As alleged in the indictment and other court documents filed by the government, all but one of the seven federal defendants were members of a narcotics conspiracy that trafficked in a significant amount of crack cocaine in and around the Queensbridge Houses, the largest public housing development in the United States. Court-authorized wiretaps of telephones used by two of the defendants disclosed that during just a nine-month period, the defendants’ drug trafficking operation was responsible for the distribution of more than 280 grams of crack cocaine. In addition, three of the defendants – Edward Carrillo, Johnnie Monroe, and a co-conspirator – trafficked more than 400 grams of fentanyl as well as quantities of oxycodone. The distribution of the fentanyl pills by the defendants resulted in the death of a young mother in West Virginia. The three federal defendants continued to traffic in the deadly pills even after having learned about the woman’s death, and one of the defendants went so far as to proclaim that the deadly pills would “feed up the projects.”
Defendants Carrillo, Monroe, and a co-conspirator also are charged with an attempted armed robbery of an individual they believed to be traveling from West Virginia to New York carrying more than $100,000 in drug proceeds. When the defendants tried to commit the robbery, the putative drug trafficker never showed up but, as one of the defendants put it, if he had appeared they “would have taken him down” with their “biscuits” – a term the defendants used to refer to firearms.
“Today’s arrests are the latest example of the success that can be achieved through federal, state, and local law enforcement cooperation to combat violence and narcotics trafficking in our communities. The defendants wantonly distributed large quantities of addictive narcotics into our communities, some of which proved deadly. Even the death of a young mother did not stop their drug trafficking – but these arrests will.” Mr. Capers thanked the Queens County District Attorney’s Office for its participation and assistance in the investigation.
Queens County District Attorney Brown stated, “This investigation is just the latest result of a coordinated law enforcement and prosecutorial anti-drug initiative that began soon after I took office more than twenty-five years ago. Since that time, we have targeted hundreds of drug dealers operating in and around public housing developments throughout Queens and have put a significant dent in the drug trafficking which has long troubled the residents of these developments. It is imperative that we stop those who flood our streets and lure our children into lives of crime.”
DEA Special Agent-in-Charge Hunt stated, “As evident in this investigation, local drug crews are just as much a public health threat than overseas drug cartels. As alleged, not only was this violent drug crew selling crack cocaine, oxycodone, and fentanyl from their front doors, but sending fatal doses to areas in West Virginia for resale. Fentanyl abuse is death, and these defendants capitalized on their products’ potency fueling more addiction and death in their own community.”
“This case is a classic example of teamwork among local, state, and federal partners in dealing with criminal activity that knows no geographical boundaries,” said Police Commissioner O'Neill. “Illegal drugs often go hand-in-hand with violence and death. By dealing with these issues through a well-coordinated approach, indictments like these can be successfully obtained.”
The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the federal defendants face maximum sentences of life and defendants Carrillo, Monroe, and a co-conspirator face a minimum sentence of 20 years’ imprisonment for distributing fentanyl that resulted in death. If convicted, the state defendants face up to nine years in prison.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Andrey Spektor and Lindsay K. Gerdes are in charge of the prosecution. The state charges are being prosecuted by Assistant District Attorney Emily F. Collins, of the Queens District Attorney’s Gang Violence and Hate Crimes Bureau.
The Defendants:
Prosecuted by the United States Attorney’s Office:
TERRELL CARMICHAEL, also known as “Rell”
Age: 31
Long Island City, New YorkEDWARD CARRILLO, also known as “Super Ed”
Age: 43
New York, New YorkJOHNNIE MONROE, also known as “Nut”
Age: 46
Brooklyn, New YorkMICHAEL YOUNG, also known as “Littles”
Age: 32
Long Island City, New YorkProsecuted by the Queens County District Attorney’s Office:
MOHAMED SALEH, also known as “Arab”
Age: 30
Long Island City, New YorkSHAMAR STALLWORTH, also known as “Black”
Age: 31
Long Island City, New YorkE.D.N.Y. Docket No. 16-CR-617 (BMC)
Suspected Gang Member Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Darmetrius Braggs, 19, of Buffalo, NY, who was convicted of possession of a firearm in furtherance of drug trafficking activity, was sentenced to 60 months in prison by Chief U.S. District Court Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that Buffalo Police Department officers received information that the defendant robbed an individual at gun point on October 30, 2015. During the investigation, officers learned that Braggs would be at a party on Freund Avenue in Buffalo on November 7, 2015.
On November 7, 2015, undercover officers contacted Braggs by cellular telephone and arranged an undercover purchase of marijuana. The defendant told the officers to meet him near Genesee Street and Freund Avenue in Buffalo to purchase the marijuana. As officers arrived at the location, Braggs fled on foot and entered 22 Freund Avenue, where officers located the defendant. Officers also found a cellular telephone and multiple vials of what appeared to be marijuana near the residence’s rear entrance. In addition, officers recovered a loaded firearm in the back yard of 22 Freund Avenue.
The firearm recovered by officers resembles a firearm the defendant posed with multiple times on social media websites.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in- Charge Ashan Benedict, New York Field Division.
Stockbroker & Operator of $1.4 Million Ponzi Scheme Sentenced to More Than Five Years for Securities FraudRead the Press Release
STATESVILLE, N.C. – A stockbroker and operator of a $1.4 million Ponzi scheme was sentenced to 63 months in prison by U.S. District Judge Richard Voorhees today, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Charles Caleb Fackrell, 37, of Booneville, N.C., was also ordered to serve three years under court supervision after he is released from prison, and to pay $819,918 as restitution to his victims. Fackrell pleaded guilty to one count of securities fraud in April 2016.
U.S. Attorney Rose is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and North Carolina Secretary of State Elaine F. Marshall.
According to filed court documents and today’s sentencing hearing, from about May 2012 to about December 2014, Fackrell executed a Ponzi scheme using approximately $1.4 million in funds he solicited from at least 20 victim investors in Wilkes County and elsewhere. According to court records, Fackrell was a stockbroker who used his position of trust to solicit victim investors and steer them away from legitimate investments to purported investments with “Robin Hood, LLC,” “Robinhood LLC,” “Robin Hood Holdings, LLC,” “Robinhood Holdings, LLC” and related entities (collectively, “Robin Hood”). These were entities Fackrell controlled and through which he could access the victims’ funds.
Court records indicate that Fackrell solicited his victim investors by making false and fraudulent representations, including that the investors’ money would be invested in, or secured by, gold and other precious metals, when in fact Fackrell spent only a fraction of investor money on such assets. According to court records, Fackrell also falsely told victims that Robin Hood was a very safe investment, paying guaranteed annual returns of 5% to 7%. According to court records, contrary to the promises he made to his victims and instead of investing the victims’ funds as promised, Fackrell used the majority of the money to cover personal expenditures, including hotel expenses, groceries, and medical bills, to make purchases at various retail shops and to make large cash withdrawals. Fackrell also used a portion of the victims’ money to make purported “interest” payments to investors who demanded their money back and to induce further investments from existing investors and their friends and family members. In all, according to court records, Fackrell diverted over $700,000 of his victims’ money – nearly half of the investor money he obtained – back to other investors in Ponzi fashion payments.
According to court records, in an attempt to conceal his fraud, Fackrell asked a third party to destroy a computer and documents related to the Ponzi scheme, explaining that he was in trouble with the U.S. Securities and Exchange Commission.
In making today’s sentencing announcement, U.S. Attorney Rose said, “Fackrell is a scammer. He betrayed his victims who believed his sales pitch and trusted him with their hard-earned money. Fackrell took that money and used it to enrich himself and to perpetuate his fraud. Thanks to the great work of our law enforcement partners Fackrell’s fraud was uncovered, putting a stop to his business of siphoning his clients’ money. His dishonesty caused a lot of financial hardship to a lot of people, and for that, Frackrell will serve a well-deserved prison sentence,” Rose added.
“This is one of the most vicious financial crimes we have seen in North Carolina in many years," Secretary of State Marshall said Tuesday. "Caleb Fackrell was a registered stockbroker who completely betrayed that trusted position to rip off his victims using the name ‘Robin Hood’ in the title of his Ponzi Schemes no less,” Marshall said. “His punishment today is well deserved.”Fackrell has been in federal custody since April 2016. All federal sentences are served without the possibility of parole.
In imposing today’s sentence Judge Voorhees noted the horrendous damage to the victims caused by the defendant involving the loss of their nest eggs, and that the defendant was motivated largely by personal greed.
The investigation was led by the FBI and the Securities Division of the North Carolina Department of the Secretary of State. U.S. Attorney Rose also thanked the North Carolina State Bureau of Investigation, the Yadkinville Police Department and Kinston’s Department of Public Safety for their invaluable assistance in this investigation.
Assistant United States Attorney Daniel Ryan, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Statement of U.S. Attorney Preet Bharara on the Supreme Court’s Decision in Salman v. U.S.Read the Press Release
Today, the U.S. Supreme Court unanimously and ‘easily’ rejected the Second Circuit’s novel reinterpretation of insider trading law in U.S. v. Newman. In its swiftly decided opinion, the Court stood up for common sense and affirmed what we have been arguing from the outset – that the law absolutely prohibits insiders from advantaging their friends and relatives at the expense of the trading public. Today’s decision is a victory for fair markets and those who believe that the system should not be rigged.
Spring Lake Carjacker Sentenced to 15 Years in PrisonRead the Press Release
GREENVILLE – The United States Attorney’s Office for the Eastern District of North Carolina announced that today in federal court Senior United States District Judge Malcolm J. Howard sentenced ROBAENON TREQUAN ALEXIS, 19, of Spring Lake, to serve 15 years in prison, followed by 3 years of supervised release, on charges of Carjacking and Aiding and Abetting and Felon in Possession of a Firearm.
The evidence showed that on June 26, 2015, ALEXIS and another approached a victim as she was exiting her vehicle in Spring Lake, and asked for a ride to jump start a car. After inside the vehicle, ALEXIS pointed a sawed-off firearm at the victim and threatened to kill her if she did not exit the vehicle. The victim complied and was left on the side of the road. ALEXIS was later arrested in Greensboro when local authorities there found ALEXIS and another person asleep in the victim’s car.
ALEXIS was indicted on various charges and later pleaded guilty on May 9, 2016.
Investigation of this case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), with the assistance of the Granville County Sheriff’s Office, the Spring Lake and Greensboro Police Departments. Assistant United States Attorney William M. Gilmore represented the United States.
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News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce within 48 hours of release.
South Whitehall Township Man Charged with Conveying False Information About A BombRead the Press Release
Donald Lee Haas, 60 years old of South Whitehall Township, Pennsylvania, was charged today by Indictment with three counts of conveying false information using a telephone, and one count of conveying false information about carrying a bomb onto an airplane, announced United States Attorney Zane David Memeger. The defendant is alleged to have made bomb threats to Lehigh Valley International Airport, TGI Friday’s restaurant, and the Lehigh Valley Mall, on May 17, 2016, in Lehigh County, in the Eastern District of Pennsylvania.
If convicted, defendant Haas faces a maximum possible sentence of 50 years imprisonment, a three-year period of supervised release, a $1,000,000 fine, and a $400 special assessment.
The case was investigated by the Federal Bureau of Investigation, Allentown Resident Agency, the Lehigh Northampton Airport Authority Police Department, the South Whitehall Township Police Department, and the Allentown Police Department, and is being prosecuted by Assistant United States Attorney John Gallagher.
An initial appearance of the charges has been scheduled for Friday, December 16, 2016, at 2:30 p.m., before the Honorable Henry S. Perkin, United States Magistrate Judge, at the Edward N. Cahn U.S. Courthouse and Federal Building, 504 Hamilton Street, in Allentown, Pennsylvania.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
South Florida Resident Ordered to Pay More Than $600,000 in Restitution for Filing Fraudulent Claims in Connection with the Deepwater Horizon IncidentRead the Press Release
A South Florida resident was ordered to pay $607,566 for her involvement in the filing of false claims in connection with the Deepwater Horizon explosion and pollution incident in the Gulf of Mexico in April 2010.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
On November 30, 2016, in the Key West Federal Courthouse, United States District Judge Jose E. Martinez entered the restitution order against Caridad Rioseco Alejandrez, 51, of Key West, Florida, who previously pled guilty to one count of mail fraud, in violation of Title 18, United States Code, Sections 1341 and 2 and was sentenced to serve forty-eight months in prison, to be followed by three years of supervised release. The restitution payment reflected the actual losses suffered by the Gulf Coat Claims Facility (GCCF) trust fund as a result of false claims handled by Caridad Rioseco Alejandrez for her own family members and for hundreds of Key West area residents.
Her father, Raul Rioseco, 74, of Stock Island, Florida, previously pled guilty to one count of mail fraud and was sentenced in April 2016 to one year and a day in prison in connection with his involvement in a similar false claim. He was also ordered to serve a three-year term of supervised release. Raul Rioseco was ordered to make restitution payments to the Deepwater Horizon Fund in the amount of $144,606.57, which represented the money he unlawfully received from the GCCF and the amounts received by certain other individuals based on fraudulent documents Raul Rioseco provided in support of other fraudulent claims. Additionally, Raul Rioseco was ordered to surrender to the State of Florida and the federal government all his permits and licenses associated with commercial fishing activities.
According to court filings and proceedings, in June 2010, BP plc established the GCCF for the purpose of administering and settling certain claims of individuals and businesses for costs, damages, and other losses incurred as a result of oil discharges due to the April 20, 2010 explosion and fire on the Deepwater Horizon, an oil exploration rig operating in the Gulf of Mexico. In August 2010, the GCCF began receiving and processing such claims of individuals and businesses for costs, damages, and other losses they had incurred as a result of the Deepwater Horizon incident, paying the claims from a $20 billion private trust fund established for that purpose.
Caridad Rioseco Alejandrez, and her father, Raul Rioseco, filed fraudulent claims against the fund, in their own names, which resulted in them receiving $35,900 and $55,000, respectively, from the GCCF. The scheme to defraud the GCCF was carried out through mailings and through the use of the Internet, to open the claims and to provide required forms and documentation, including employment verification letters and tax return documents. Alejandrez produced and provided the documents to the GCCF on behalf of herself and her father which were materially false and fraudulent and claimed Alejandrez and Rioseco were adversely affected by the spill and lost income in the months following the incident, when this was not the truth.
Additionally, Caridad Rioseco Alejandrez Rioseco, who had long served as a “facilitator” for local area residents, preparing tax returns, handling immigration paperwork, and providing other accounting services, facilitated the filing of hundreds of other false claims, by completing claims paperwork and producing fraudulent tax returns, wage statements, and “loss statements,” to support claims for compensation which were filed by her with the GCCF, for economic losses purported to have been suffered as a result of the Deepwater Horizon incident, despite the fact that none of the individuals had suffered the claimed losses.
The United States advised the Court that records established that the amounts claimed, approached $1.5 million, although the actual amounts paid out by the GCCF on the claims was $607,566.
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, the Department of Commerce, National Oceanic and Atmospheric Administration, Office of Law Enforcement, the United States Coast Guard Investigative Service, U.S. Immigration and Customs Enforcements Homeland Security Investigations and the support provided by the United States Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Thomas Watts-FitzGerald, Deputy Chief of the Economic and Environmental Crimes Section.
Members of the public can report fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, including the 2010 Deepwater Horizon oil spill, to the National Center for Disaster Fraud (NCDF) by calling 877-NCDF-GCF (877-623-3423), sending a fax to (225) 334-4707, or emailing [email protected].
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Seven New Jersey Members of Violent, International Street Gang Sentenced to Prison for Racketeering-Related ChargesRead the Press Release
NEWARK, N.J. – Seven members of the New Jersey branch of the international street gang “La Mara Salvatrucha,” (MS-13) have been sentenced to prison for their roles in a violent criminal enterprise that included murder, extortion, and plots to kill witnesses, U.S. Attorney Paul J. Fishman and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division announced today.
Franklin Mejia, a/k/a “Frankbo,” 25, and his brother, Kelvin Mejia, a/k/a “Machete,” 24, both of Plainfield, were each sentenced today to 150 months in prison. Ruben Portillo-Fuentes, a/k/a “Sombra,” 24, of Plainfield, of Plainfield, was sentenced today to 121 months in prison, and Julio Adalberto Orellana-Carranza, a/k/a “Player,” 28, also of Plainfield, was sentenced today to 72 months in prison. Jose Romero-Aguirre, a/k/a “Conejo,” 29, of North Plainfield, New Jersey, was sentenced today to 66 months in prison.
Franklin Mejia, Kelvin Mejia, Portillo-Fuentes, and Orellana-Carranza each previously pleaded guilty before U.S. District Judge Stanley R. Chesler to racketeering conspiracy. Romero-Aguirre previously pleaded guilty to conspiracy to commit murder in aid of racketeering.
Roberto Contreras, a/k/a “Demonio,” 28, of Bound Brook, New Jersey, was sentenced on Dec. 1, 2016, to 180 months in prison. Jose Garcia, a/k/a “Chucky,” 24, of Plainfield, was sentenced on Dec. 5, 2016, to 240 months in prison.
Contreras and Garcia were two of eight defendants convicted following a 16-week trial before Judge Chesler. Contreras was convicted of racketeering conspiracy and accessory after the fact to murder in aid of racketeering. Garcia was convicted of racketeering conspiracy, murder-for-hire conspiracy, travel in interstate commerce with intent to commit murder, and two counts of conspiracy to commit murder in aid of racketeering.
Judge Chesler imposed all the sentences in Newark federal court.
According to the documents filed in this case, statements made in court, and the evidence presented at trial:
MS-13 is a national and transnational gang with branches, or “cliques,” operating throughout the United States, including in Plainfield. All of the defendants were members of the “Plainfield Locos Salvatruchas” (PLS) clique of MS-13. From 2007 through 2011, MS-13 members from PLS committed five murders in furtherance of MS-13’s objectives, as well as numerous other violent crimes, including extortion, robbery and several weapons offenses.
In late-2010 into early-2011, Garcia arranged for MS-13 members from Maryland to come up to Plainfield to kill a woman in exchange for money. Garcia agreed to split the $40,000 murder-for-hire proceeds with the Maryland gang members. On Jan. 10, 2011, four Maryland MS-13 members drove to Plainfield to carry out the hit. They were arrested shortly before they were to meet Garcia.
On Jan. 10, 2011, Contreras and other MS-13 members were in a car when they spotted a suspected 18th Street gang member in front of a restaurant. Contreras stopped the vehicle and an MS-13 member exited, approached the suspected rival gang member and shot him in the head.
On May 7, 2011, Portillo-Fuentes approached an individual sitting outside a residence in Plainfield. Seeking to intimidate the individual and establish MS-13’s control over the area, Portillo-Fuentes fired a handgun at the individual, striking him the chest. The victim survived.
On May 8, 2011, Garcia and another MS-13 member assaulted a suspected member of the 18 Street gang at a park in Plainfield. During the assault, Garcia placed a gun to the victim's head and threatened to kill the victim.
On June 11, 2011, Orellana-Carranza sought to complete a “mission” to kill a rival gang member that had been assigned by PLS's leadership. Garcia assisted Orellana-Carranza by arranging for Kelvin Mejia to supply Orellana-Carranza with a handgun. After retrieving the weapon, Orellana-Carranza went out in search of an 18th Street gang member to kill, but was unsuccessful.
On June 15, 2011, Portillo-Fuentes attacked a member of the 18th Street gang with a machete on a busy street in Plainfield. After spotting the rival, Portillo-Fuentes jumped out of a vehicle and swung a machete at the individual’s head and neck areas. The victim sustained a large, deep gash.
Later that evening, Kelvin Mejia, Franklin Mejia, and a PLS associate robbed two individuals in the same park where Garcia had placed a gun to another victim’s head in May 2011. Franklin Mejia was armed with a handgun; the other two individuals carried handguns. The PLS members ordered the victims to the ground and robbed them of cell phones and ecstasy pills. During the robbery, Franklin Mejia fired a shot near one of the victims’ head. The bullet missed the victim’s head but grazed the individual’s hand. The victims were then ordered to leave the park.
On June 24, 2011, Garcia, Kelvin Mejia, Franklin Mejia, and others plotted to rob an elderly woman who ran an underground liquor store at her residence in Plainfield. That evening, a PLS member went to the woman’s home to rob her. He fired a single shot through the woman’s window when she refused to let him enter the residence, and then fled. Later, in July 2011, Garcia and Kelvin Mejia again plotted to rob the woman to raise bail money for PLS members who had been arrested.
On June 4, 2011, Franklin Mejia and another gang member attacked a PLS associate with a machete on the train tracks in Plainfield because they believed the victim had been associating with a rival gang. The victim survived. On July 2, 2011, Franklin Mejia and Kelvin Mejia sought to obtain a firearm so that Franklin Mejia could kill an older PLS member who was protecting the machete attack victim. Law enforcement officers thwarted the plot.
Kelvin Mejia and Franklin Mejia also distributed cocaine together. Through wiretaps and lawfully intercepted recordings, law enforcement officers intercepted conversations in which Kelvin Mejia and Franklin Mejia arranged drug deals. On July 2, 2011, law enforcement officers searched the Mejias’ residence in Plainfield and seized a small quantity of cocaine.
Law enforcement officers arrested numerous members of PLS in early July 2011. From the Union County Jail, some of the jailed PLS members, including Garcia, Orellana-Carranza and the Mejia brothers, plotted to kill at least three individuals they believed had cooperated with the authorities. To carry out the plot, the jailed PLS members enlisted Romero-Aguirre, who was still free at the time. Romero-Aguirre subsequently instructed PLS members outside the jail to kill the suspected cooperators. Law enforcement officers discovered the plan and intervened before anyone was harmed.
The defendants were originally charged in a 26-count indictment returned by a federal grand jury in September 2013. As of today, 13 of the 14 individuals charged in that indictment have been convicted. One defendant remains a fugitive. Flores is awaiting sentencing.
U.S. Attorney Fishman and Assistant Attorney General Caldwell credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), under Newark Field Office Director John Tsoukaris; and Homeland Security Investigations (ICE-HSI), under the direction of Special Agent in Charge Terence S. Opiola, with the investigation. They also thanked the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Grace H. Park, for its collaboration on the case.
They also thanked the Somerset County Prosecutor’s Office, under the direction of Acting Prosecutor Michael H. Robertson, and the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Andrew C. Carey, for their roles. They also acknowledged the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland, as well as the Plainfield Police Department, Union County Police Department, Union County Sheriff’s Office, Elizabeth Police Department, North Plainfield Police Department, Union County Department of Corrections, Prince George’s County, Maryland, Police Department and the U.S. Marshal’s Service for their assistance.
The government is represented by Assistant U.S. Attorneys James M. Donnelly and J. Jamari Buxton of the U.S. Attorney’s Office Criminal Division in Newark and by Kevin L. Rosenberg, of the Organized Crime and Gangs Section of the Department of Justice.
Defense counsel:
Reyes-Villatoro: Anthony Iacullo Esq. and David Glazer Esq.
Oliva: Henry Klingeman Esq. and Kenneth Kayser Esq.
Moz-Aguilar: John Whipple Esq.
Palencia: Joseph Rubino Esq. and Kelley Sharkey Esq.
Ramirez: Michael Koribanics Esq.
Seven New Jersey MS-13 Members Sentenced to Prison for Racketeering-Related ChargesRead the Press Release
Seven members of the New Jersey branch of the international street gang La Mara Salvatrucha, or MS-13, have been sentenced to prison for their roles in a violent criminal enterprise that included murder, extortion and plots to kill witnesses, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey.
Franklin Mejia, aka Frankbo, 25, and his brother, Kelvin Mejia, aka Machete, 24, both of Plainfield, New Jersey, were each sentenced today to 150 months in prison. Ruben Portillo-Fuentes, aka Sombra, 24, of Plainfield, was sentenced today to 121 months in prison; Julio Adalberto Orellana-Carranza, aka Player, 28, also of Plainfield, was sentenced today to 72 months in prison; and Jose Romero-Aguirre, aka Conejo, 29, of North Plainfield, New Jersey, was sentenced today to 66 months in prison. Franklin Mejia, Kelvin Mejia, Portillo-Fuentes and Orellana-Carranza each previously pleaded guilty before U.S. District Judge Stanley R. Chesler of the District of New Jersey to racketeering conspiracy. Romero-Aguirre previously pleaded guilty to conspiracy to commit murder in aid of racketeering.
Two other co-defendants were previously sentenced. Roberto Contreras, aka Demonio, 28, of Bound Brook, New Jersey, was sentenced on Dec. 1, 2016, to 180 months in prison. Jose Garcia, aka Chucky, 24, of Plainfield, was sentenced on Dec. 5, 2016, to 240 months in prison. Contreras and Garcia were convicted following trial before Judge Chesler. Contreras was convicted of racketeering conspiracy and accessory after the fact to murder in aid of racketeering. Garcia was convicted of racketeering conspiracy, murder-for-hire conspiracy, travel in interstate commerce with intent to commit murder and two counts of conspiracy to commit murder in aid of racketeering.
According to the plea agreements and evidence presented at trial, MS-13 is a national and transnational gang with branches or “cliques” operating throughout the United States, including in Plainfield. All of the defendants were members of the Plainfield Locos Salvatruchas (PLS) Clique of MS-13 that operated in Union, Somerset and Middlesex Counties in New Jersey. Santos Reyes-Villatoro, aka Mousey, founder of the gang, and Mario Oliva, aka Zorro, both of Bound Brook, New Jersey, and Contreras all served as “First Word,” or leader, of PLS. From 2007 through 2011, MS-13 members from PLS committed five murders in furtherance of MS-13’s objectives, along with other attempted murders and violent attacks, including the following.
According to evidence presented at trial and to admissions made in connection with plea agreements, on Feb. 27, 2010, Oliva drove a female member of MS-13 to an empty parking lot in Piscataway, New Jersey, and murdered her because she was suspected of working with law enforcement. Oliva then fled New Jersey with the assistance of Contreras and hid from law enforcement with the MS-13 Pinos Clique in Oxon Hill, Maryland.
On Jan. 10, 2011, four Maryland MS-13 members drove to Plainfield and were arrested shortly before meeting with Garcia to carry out a murder-for-hire they had arranged with him. Also on Jan. 10, 2011, Contreras and other MS-13 members were in a car when they spotted a suspected 18th Street gang member in front of a restaurant. Contreras stopped the vehicle and an MS-13 member exited, approached the suspected rival gang member and shot him in the head.
On May 7, 2011, Portillo-Fuentes approached an individual sitting outside a residence in Plainfield and fired a handgun at the individual, striking him the chest, in order to intimidate the victim and establish MS-13’s control of the area. The victim survived. On May 8, 2011, Garcia and another MS-13 member assaulted a suspected member of the 18th Street gang at a park in Plainfield. During the assault, Garcia placed a gun to the victim's head and threatened to kill the victim.
In addition, Orellana-Carranza was assigned a “mission” to kill a rival gang member by PLS’s leadership. Garcia assisted Orellana-Carranza by arranging for Kelvin Mejia to supply Orellana-Carranza with a handgun. After retrieving the weapon, on June 11, 2011, Orellana-Carranza went out in search of an 18th Street gang member to kill, but was ultimately unsuccessful.
Also according to admissions and trial evidence, on June 15, 2011, Portillo-Fuentes spotted a member of the 18th Street gang on a busy street in Plainfield, jumped out of a vehicle and swung a machete at the individual’s head and neck areas. Later that evening, Kelvin Mejia, Franklin Mejia and a PLS associate robbed two individuals in a park, while all three were armed with guns. During the robbery, Franklin Mejia fired a shot near one victim’s head, missing the victim’s head but grazing their hand.
The plea agreements and trial evidence established that on June 24, 2011, Garcia, Kelvin Mejia, Franklin Mejia and others plotted to rob an elderly woman who ran an underground liquor store at her residence in Plainfield. That evening, a PLS member fired a single shot through the woman’s window when she refused to let him enter the residence, and then fled. In July 2011, Garcia and Kelvin Mejia again plotted to rob the woman to raise bail money for PLS members who had been arrested.
According to admissions and evidence presented at trial, on June 4, 2011, Franklin Mejia and another PLS member attacked a PLS associate with a machete on the train tracks in Plainfield because they believed the victim had been associating with a rival gang. The victim survived. On July 2, 2011, Franklin Mejia and Kelvin Mejia sought to obtain a firearm so that Franklin Mejia could kill an older PLS member who was protecting the machete attack victim. Law enforcement officers thwarted the plot.
Evidence at trial demonstrated that in July 2011, numerous PLS members were in custody at the Union County Jail, during which time Garcia and Esau Ramirez, aka Panda, along with other jailed members, plotted to kill at least three individuals they believed had cooperated with the authorities. On Aug. 1, 2011, Ramirez instructed Romero-Aguirre, who was free at the time, to “work as fast as possible” in eliminating the suspected cooperators. Romero-Aguirre subsequently instructed PLS members outside the jail to kill the suspected cooperators. Law enforcement officers discovered the plan and intervened before anyone was harmed.
According to evidence presented at trial, PLS members were also responsible for at least two attempted murders of suspected Latin King members and machete attacks in May 2011 and June 2011 on the train tracks passing through Plainfield.
To date, 13 of the 14 individuals charged in this case have been convicted. One defendant remains a fugitive. One defendant, Cruz Flores, aka Bruja, awaits sentencing.
The FBI’s Newark Division; U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations; and ICE Homeland Security Investigations investigated the case. The Union County Prosecutor’s Office assisted in the investigation. The Somerset County, New Jersey, Prosecutor’s Office ; the Middlesex County, New Jersey, Prosecutor’s Office; the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland; the Plainfield Police Department; Union County Police Department; Union County Sheriff’s Office; Elizabeth, New Jersey, Police Department; North Plainfield Police Department; Union County Department of Corrections; Prince George’s County, Maryland, Police Department; and the U.S. Marshals Service also provided assistance. Former Trial Attorney Kevin L. Rosenberg of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys James M. Donnelly and J. Jamari Buxton of the District of New Jersey are prosecuting the case.
Saltville Man Sentenced on Federal Drug ChargeRead the Press Release
ROANOKE, VIRGINIA – A Saltville, Virginia man, who previously pled guilty to a federal drug conspiracy charge, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick announced.
Charles William Sturgill, 41, of Saltville, previously pled guilty to one count of conspiracy to distribute methamphetamine. Today in District Court, Sturgill was sentenced to 240 months in federal prison.
“We will continue to devote as many resources as available to fight the scourge of methamphetamine abuse in the Western District of Virginia,” United States Attorney Fishwick said today.
The investigation of the case was conducted by the Drug Enforcement Administration, the Virginia State Police, the Wythe County Sheriff’s Office, the Smyth County Sheriff’s Office and the United States Marshals Service. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Rosebud Man Charged with Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Lloyd One Star, age 26, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 28, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2015, and March 7, 2016, One Star knowingly and intentionally distributed a mixture and substance containing a detectable amount of methamphetamine. Also, on March 7, 2016, One Star and his co-defendant knowingly and intentionally possessed with intent to distribute said methamphetamine.
The charges are merely accusations and One Star is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
One Star was released on bond pending trial which has been set for January 24, 2017.
Rideout Health to Pay Civil Monetary Penalties to Resolve Controlled Substance Act ClaimsRead the Press Release
SACRAMENTO, Calif. — Rideout Health will pay the United States $2,425,000 to settle the federal claims of alleged violations of the Controlled Substances Act by three of Rideout Health’s facilities in Yuba and Sutter Counties: Rideout Memorial Hospital, Fremont Medical Center, and Feather River Surgery Center, United States Attorney Phillip A. Talbert announced today.
In addition, Rideout Health has agreed to a three-year compliance plan. The payment and plan resolve the United States= claims that the three Rideout Health facilities failed to properly record and maintain thousands of transactions involving controlled substances in violation of the Controlled Substances Act and its implementing regulations.
The settlement also resolves the United States’ contention that the system Rideout Health used during that time to distribute controlled substances between these facilities failed to provide sufficient security controls. This settlement arises from a Drug Enforcement Administration (DEA) investigation that began after DEA received information from the California State Board of Pharmacy that Fremont Medical Center’s DEA Registration had expired, and that from October 23, 2012, to October 23, 2014, pharmacy technicians at Rideout Memorial Hospital were transporting controlled substances between Rideout Health facilities with little or no security controls in place.
“Hospitals have a duty to ensure that controlled substances are not diverted for nonmedical use,” said U.S. Attorney Talbert. “When a pharmacy or hospital has record keeping problems, it is impossible to know exactly how many controlled substances are on hand. Without that knowledge, and without proper security controls, the potential for diversion into our community escalates and jeopardizes the public health and safety.”
“Healthcare providers are the gatekeepers of controlled substances in their possession,” said DEA Special Agent in Charge John J. Martin. “With prescription drug misuse rates alarmingly high, proper accountability and security reduces the opportunity for diversion to unintended users. DEA will continue to use every investigative tool available in response to the prescription drug epidemic.”
Since the investigation began, Rideout Health has worked with the DEA and the United States Attorney’s Office to develop a detailed compliance plan to address the deficiencies in Rideout Health’s handling of controlled substances. Rideout Health also took proactive steps to reorganize its Compliance Department to improve controls with respect to the purchase, storage and dispensing of controlled substances. The compliance plan with the DEA is designed to advance Rideout Health’s ability to meet its record keeping requirements and enhance its ability to detect and prevent drug diversion.
Assistant United States Attorneys M. Anderson Berry and Kurt A. Didier handled the case with assistance from Diversion Investigators from DEA’s Sacramento Field Office.
Reno Man Sentenced for Bank Robbery with A Dangerous Weapon Resulting in DeathRead the Press Release
RENO, Nev. - A Reno man who was found guilty by a jury for a 2013 bank robbery in south Reno and for killing a customer was sentenced on Monday by U.S. District Judge Miranda M. Du to life in prison on both counts and ordered that the counts run consecutive, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
“The defendant was callous and killed an innocent man who was trying to prevent the bank robbery,” said U.S. Attorney Bogden. “Using a firearm to rob a bank is a serious offense and we will continue to work with our law enforcement partners to ensure violent criminals are brought to justice.”
Van McDuffy, aka Van McDuffie, 69, was indicted on Oct. 20, 2013. He was found guilty on Aug. 17, 2016, of bank robbery with a dangerous weapon resulting in death and use of a firearm during and in relation to a crime of violence causing death.
On Oct. 16, 2013, McDuffy entered a Bank of America and approached a teller demanding money while showing the teller a gun. A customer at the teller being robbed told McDuffy to “get out of here.” McDuffy turned and shot the customer who died at the scene. McDuffy took the money from the first teller and then moved to a second teller. He pointed the gun at the second teller while demanding money before fleeing the bank. An off-duty Reno Police Department officer was in the bank at the time of the robbery and followed McDuffy out of the bank. The off-duty officer was able to apprehend McDuffy across the street from the bank at a bus stop.
The case was a joint investigation by the FBI and the Reno Police Department; and prosecuted by Assistant U.S. Attorney Megan Rachow.
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Quaker City man accused of obstructing justice and threatening agentsRead the Press Release
A federal grand jury indicted Jesse M. Smith, 38, of Quaker City, Ohio, today for obstructing the proceedings of a federal grand jury and threatening two federal agents, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
The indictment alleges in the first count that Smith obstructed the proceedings of a federal grand jury in Cleveland, Ohio, by producing false and misleading documents in response to a subpoena. The second count of the indictment alleges that Smith threatened to harm a special agent of the United States Department of Agriculture on September 19, 2016. The last count of the indictment alleges that Smith threatened to shoot a different special agent of the USDA four days later on September 23, 2016.
The USDA Office of Inspector General conducted the investigation along with the FBI. The case is being prosecuted by Assistant United States Attorneys Duncan T. Brown and Brad J. Beeson.
If convicted, the court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Prior Sex Offender from Albuquerque Facing Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Randal Gordon Paul, 47, of Albuquerque, with federal child pornography charges. Paul was detained pending trial.
Paul was arrested on Dec. 2, 2016, on a criminal complaint alleging that he possessed and distributed visual depictions of minors engaged in sexually explicit activity from June 14, 2015 through Nov. 16, 2016, in Bernalillo County, N.M. According to the criminal complaint, the investigation into Paul began in Nov. 2014, after an email address belonging to Paul, allegedly was used to register an account with a website known to show images of minors engaged in sexually explicit conduct. Further investigation revealed that Paul was a registered sex offender with two prior convictions: in 1996 for lewd and lascivious acts with a child under 14 and in 1998 for aggravated sexual abuse. On Nov. 16, 2016, law enforcement searched Paul’s residence and allegedly found a computer containing a video and at least 30 images of child pornography.
If convicted of the possession charge in the criminal complaint, Paul faces a statutory penalty of a mandatory minimum of ten years and a maximum of 20 years in prison. If convicted of the distribution charge in the criminal complaint, Paul faces a statutory penalty of a mandatory minimum of 15 years and a maximum of 40 years in prison. Paul faces enhanced penalties because of his status as a prior sex offender. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Laboratory. Assistant U.S. Attorney Holland S. Kastrin is prosecuting the case 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, visit http://www.justice.gov/psc/.
Prior Owners of Sully's Pub, West Des Moines, Plead Guilty to Tax Fraud ChargesRead the Press Release
DES MOINES, IA - On December 5, 2016, James Perin, age 66, and Mardeen Perin, age 62, of West Des Moines, Iowa, appeared before Chief United States Magistrate Judge Celeste F. Bremer and pleaded guilty to tax fraud charges arising out of their operation of Sully's Pub in 2013, announced United States Attorney Kevin E. VanderSchel. The Perins admitted to failing to report cash earned through the business that was then deposited into personal bank accounts without being reported on either business or personal tax returns.
Mardeen Perin pleaded guilty to aiding and assisting in the preparation of a false return, in violation of Title 26, United States Code, Section 7206(2). James Perin pleaded guilty to making and subscribing a false return, in violation of Title 26, United States Code, Section 7206(1).
Both defendants face potential maximum penalties under the statute of up to three years of imprisonment and three years of supervised release following any term of imprisonment.
Sentencings are presently scheduled for April 12, 2016, before Chief United States District Court Judge John A. Jarvey.
The investigation was conducted by the Internal Revenue Service (IRS) – Criminal Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pineville man pleads guilty to possessing child pornographyRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that a Pineville man pleaded guilty Monday to possession of child pornography.
George Jeffus, 73, of Pineville, La., pleaded guilty before U.S. District Judge Dee D. Drell to one count of possession of child pornography. According to the guilty plea, Pineville police received a report concerning Jeffus possessing possible child pornography. His home was searched, and 136 images and five video files of child pornography were found on electronic storage devices.
Jeffus faces up to 20 years in prison, five years to life of supervised release, forfeiture of items that were seized during the investigation and a $250,000 fine. Additionally, he is required to register as a sex offender. A sentencing date of March 16, 2017 was set.
Homeland Security Investigations, the Rapides Parish Sheriff’s Office and the Pineville Police Department investigated the case. Assistant U.S. Attorney Jamilla A. Bynog is prosecuting the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
Pine Ridge Man Indicted for Aggravated Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for three counts of Aggravated Sexual Abuse of a Minor.
Benton Rowland, age 32, was indicted on November 16, 2016. Rowland appeared before U.S. Magistrate Judge Daneta Wollmann on November 30, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Rowland sexually abusing a minor between 2008 and 2014 at Manderson and Pine Ridge.
The charges are merely accusations and Rowland is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Rowland was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 7, 2017.
Owner of Parsippany-Based Diagnostic Testing Facility Sued for Submitting False Claims to Federal Health Care ProgramsRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man and his diagnostic testing company are being sued by the government for knowingly submitting false claims to Medicare for thousands of diagnostic testing services he did not render, U.S. Attorney Paul J. Fishman announced today.
Vijay Patel, 59, of Parsippany, New Jersey, owner and operator of Mobile Diagnostic Testing of NJ LLC of Parsippany, New Jersey, pleaded guilty Dec.15, 2014, to a criminal information charging him with health care fraud related to this conduct. Today’s civil complaint alleges Vijay Patel violated the False Claims Act.
According to the complaint:
Patel had an associate who was a cardiologist and also a participant in the Medicare program. From around 2009 through 2012, the cardiologist’s Medicare contractor had placed him on so-called “pre-payment review,” which was initiated to ensure that the doctor was submitting claims within established rules and regulations, and which required him to submit documentation, including medical records, to support the services being billed to Medicare. Under pre-payment review, claims for reimbursement that did not have the documentation necessary to support the services being billed are rejected by the Medicare contractor.
From August 2011 through December 2012, Patel and the cardiologist defrauded Medicare by submitting claims to Medicare for diagnostic testing services that the doctor had performed in December 2010 through September 2012, enabling him to evade Medicare’s pre-payment review. Patel submitted the cardiologist’s claims through his company and his brother’s company, Biosound Medical Services Inc. (Biosound), as if Mobile Diagnostic and Biosound had performed the services instead of the doctor. Once Patel received the Medicare reimbursement money paid to the two companies for diagnostic testing services the cardiologist had performed, Patel transferred a portion of the payment to the doctor and kept a substantial portion for himself.
U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, New York Region, with the investigation leading to the filing of today’s complaint.
The government is represented by Assistant U.S. Attorneys Nicole F. Mastropieri and Bernard J. Cooney of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $1.32 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
The case is captioned United States v. Vijay Patel, et al. (D.N.J.).
Ohio man guilty of failing to register as sex offenderRead the Press Release
WHEELING, WEST VIRGINIA – Thomas Hammerstone, 34, of Bellaire, Ohio, pled guilty in federal court today for failing to register as a sex offender, United States Attorney William J. Ihlenfeld, II, announced.
Hammerstone admitted to traveling in interstate commerce and failing to register and update his registration as a sex offender. He faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The United States Marshals Service investigated.
U.S. Magistrate Judge James E. Seibert presided.
Ohio County man pleads guilty to heroin traffickingRead the Press Release
WHEELING, WEST VIRGINIA – Rainell Peter Freeman, 25, of Wheeling, West Virginia, pled guilty to distributing heroin, United States Attorney William J. Ihlenfeld, II, announced.
Freeman admitted to distributing heroin in Ohio County, West Virginia in April 2016 and pled guilty to two counts of “Distribution of Heroin.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Ohio County man charged with illegal possession of a firearmRead the Press Release
WHEELING, WEST VIRGINIA – An Ohio County, West Virginia, man has been charged with unlawfully possessing a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Mark A. Simmons, age 46 of Wheeling Island, who had previously been convicted of the felony offense of “Failure to Register or Provide Notice of Registration” in Marshall County, allegedly possessed a Beretta pistol in Ohio County in November 2016. Simmons faces up to ten years in prison and a fine of $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is handling the case on behalf of the government. The matter was investigated by the Wheeling Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.New York City Man Sentenced to Federal Prison for Stock Trading SchemeRead the Press Release
DENVER – Michael Todd Osborn, age 46, of New York, was sentenced by U.S. District Court Judge Christine M. Arguello on last week to serve 77 months in prison followed by 3 years of supervised release for wire fraud and money laundering, announced Acting U.S. Attorney Robert C. Troyer and IRS Criminal Investigation Special Agent in Charge Steven Osborne. He was taken into custody at the end of the sentencing hearing.
Osborn and his co-defendant Corey Earl Engelen were indicted by a federal grand jury in Denver on February 11, 2015. Osborn pled guilty on February 9, 2016 and was sentenced on December 1, 2016. Osborn was ordered to pay a fine of $100,000 and restitution of $695,000 to the investors of this his fraudulent scheme.
According to the indictment and plea agreement, beginning in October 2009 and continuing until July 2010, Osborn devised a scheme to defraud investors. He told them that he would use their funds to trade stocks on their behalf. In fact, he did no trading, and he and his Colorado associate used the investors’ money for their own personal benefit and purposes other than trading. Osborn held himself out to investors as an experienced trader of stocks and other securities and a veteran in the equity/swing trading business. He sold investors units in the CU Equity Swing Fund I, LLC and the 10x Leveraged Oscillator Fund, through which he represented he would conduct short-term trading. Investors typically learned of the investment opportunity through a friend or trusted associate.
Osborn falsely represented that he had a prime trading account through which he would be able to leverage the funds invested and thereby reap greater profits than from unleveraged trading and falsely represented that the investors’ funds were protected from fraud, larceny, and embezzlement by a fidelity bond with Lloyds of London.
Osborn instructed investors to wire their funds to accounts held in the name of Infinite One, LLC, which he represented to be the trading accounts he would use for the trades. In fact, the accounts were not trading accounts and were never used for trading. They were merely checking accounts held by Osborn’s associate in Colorado. Once the investors had wired funds, Osborn provided them “blotters,” which contained detailed records of trades he had purportedly made.
The information provided to the investors was false, as Osborn had never made the trades, and certainly no profits had been realized. Instead, Osborn used the funds for his own personal benefit, including purchasing a Mercedes-Benz, paying for family vacations, paying his attorney and a victim in an unrelated criminal case, and paying his ordinary living expenses and debts.
“These are the worst kind of thieves. They carefully and deliberately go to great lengths to lie and steal the savings of innocent people,” said Acting U.S. Attorney Bob Troyer. “IRS Criminal Investigators are excellent at tracking down thieves like this. It is their work, with our Assistant U.S. Attorney, that sends these folks where they belong.”
“This sentencing demonstrates the excellent partnership between IRS-CI and the U.S. Attorney’s Office in working together to stop the criminal behavior of those who prey on investors for their own personal financial gain,” said Steven Osborne, Special Agent in Charge, IRS-Criminal Investigation, Denver Field Office. “IRS Criminal Investigators will continue to use their financial expertise to identify and trace laundered funds in these types of investor fraud schemes.”
Engelen pled guilty on October 13, 2016 to one count of money laundering and is scheduled to be sentenced by Judge Arguello on January 31, 2017.
This case was investigated by Internal Revenue Service – Criminal Investigation with assistance from the Special Enforcement Program of the Internal Revenue Service. This case was prosecuted by Assistant U.S. Attorneys Linda Kaufman and Bishop Grewell.
Middlesex County, New Jersey, Man Charged with Racketeering and Related OffensesRead the Press Release
NEWARK, N.J. – A New Brunswick, New Jersey, man appeared in federal court today to face racketeering and other charges in connection with multiple brothels that employed illegal aliens throughout New Jersey, U.S. Attorney Paul J. Fishman announced.
Wilmer Chavez Romero, a/k/a “Charmin,” 27, is charged by indictment with one count each of racketeering, racketeering conspiracy, assault with a dangerous weapon in aid of racketeering, and conspiracy to harbor aliens resulting in death; two counts of using a firearm for a violent crime; and two counts of murder in aid of racketeering. He was arraigned today before U.S. District Judge William H. Walls in Newark federal court. Trial is scheduled for Jan. 3, 2017.
According to the indictment:
Chavez Romero allegedly served as an enforcer for an enterprise that provided prostitution services in Cumberland, Essex, Mercer, Middlesex, Monmouth and Ocean counties. The purpose of the enterprise, which primarily employed illegal aliens in brothels throughout New Jersey, was to promote prostitution, assist illegal aliens to enter the United States, harbor illegal aliens, and to commit murder, assault, and robbery. The enterprise expanded its territory and reputation through the use of intimidation, violence, threats of violence, assaults, and murder. Chavez Romero acted at the direction of the leaders of the enterprise, identified in the indictment as “Individual 1” and “Individual 3.”
The leaders oversaw brothels in New Brunswick, Trenton, Orange, Asbury Park, Lakewood, and Bridgeton. Individual 1, Chavez Romero and others allegedly threatened, committed, attempted to commit, and assisted in the commission of murder, assault, and robbery. The purpose of these alleged crimes was to thwart rival brothels, exact revenge, punish enterprise members and associates who had been disloyal, and silence people they believe were cooperating with law enforcement.
Chavez Romero allegedly committed robbery, burglary, assault, and murder in furtherance of the enterprise and conspired to conceal, harbor and shield from detection aliens for the purpose of commercial advantage and private financial gain. In relation to this, two people were murdered.
The racketeering and racketeering conspiracy charges are both punishable by life in prison. The assault with a dangerous weapon in aid of racketeering charge is punishable by a maximum potential penalty of 20 years in prison. The charges of murder in aid of racketeering, use of a firearm during a violent crime, and conspiracy to harbor aliens resulting in death are all punishable by a potential penalty of death or life imprisonment. All counts in the indictment are punishable by a $250,000 fine.
U.S. Attorney Fishman credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Terence S. Opiola in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Sharon Ashe and Meredith Williams of the U.S. Attorney’s Office Narcotics/OCDETF Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Kevin F. Carlucci Esq., Assistant Federal Public Defender, Newark
Mexican national indicted for illegal reentry, failure to register as sex offenderRead the Press Release
A federal Grand Jury returned an indictment charging Raymond Castaneda, 43, a Mexican citizen, with unlawfully re-entering the United States and failing to register as a sex offender, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Castaneda, who in 1994 was convicted of Indecency with a Child in Henderson County, Texas and deported to Mexico in 2008, was found in Painesville, according to the indictment.
Assistant United States Attorney Karrie D. Howard is prosecuting the case following an investigation by the U.S. Marshals Service.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Methamphetamine Trafficker Sentenced to over 17 Years in PrisonRead the Press Release
SAN JOSE – Jose Vazquez-Barron, AKA Chepa, was sentenced yesterday to 210 months (17.5 years) in prison for his role in a conspiracy to possess with intent to distribute methamphetamine, announced United States Attorney Brian J. Stretch and Drug Enforcement Administration Special Agent in Charge John J. Martin. The sentence follows a guilty plea entered August 15, 2016, in which Vasquez-Barron admitted he conspired to possess with the intent to distribute methamphetamine.
According to the plea agreement, Vasquez-Barron, 29, of San Jose, admitted that between February and October of 2015, he conspired with others to possess and distribute methamphetamine. In his plea agreement, Vasquez-Barron described two transactions that occurred as part of the conspiracy. First, on May 20, 2015, he sold 448 grams of actual methamphetamine to an undercover officer in exchange for $4,800. Second, on September 1, 2015, Vasquez-Barron sold over 500 grams of methamphetamine to an undercover officer. In addition to these transactions, Vasquez-Barron acknowledged he conspired with others to possess with the intent to distribute an additional 7 kilograms of methamphetamine; the distribution did not occur because the drugs were seized on October 4, 2015.
Vasquez-Barron was indicted by a federal grand jury on October 8, 2015. He was charged with one count of conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(viii), and two counts of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(viii). Pursuant to his plea agreement, Vasquez-Barron pleaded guilty to one count of conspiracy, in violation of 21 U.S.C. §§ 846.
The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge. In addition to the prison term, Judge Davila sentenced Vasquez-Barron to a 5-year period of supervised release. The defendant has been in federal custody since October 5, 2015, and will begin serving his sentence immediately.
Assistant U.S. Attorneys Bill Gullotta and Chinhayi Cadet are prosecuting the case with the assistance of Theresa Benitez and Lakisha Holliman. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Media AdvisoryRead the Press Release
Contact Person: Beth Drake: (803) 929-3000
COLUMBIA, SOUTH CAROLINA – Acting United States Attorney Beth Drake, Solicitor Barry Barnette, Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco and Firearms, and local law enforcement leaders will hold a press conference Wednesday, December 7, 2016, at the Spartanburg County Courthouse to discuss the county-wide domestic violence initiative known as “Home Front.”
WHEN: Wednesday, December 7, 2016 TIME: 10:00 a.m. WHERE: Spartanburg County Courthouse
180 Magnolia Street
Spartanburg, SC 29306
East CourtroomNOTE: All media must present government-issued photo identification (such as driver’s license). Press inquiries regarding logistics should be directed to Murray Glenn, 864-809-4892. All media should be in place 20 minutes prior to start. Please plan for the extra time needed to process equipment and personnel through courthouse security.
Street parking is available on two sides of the courthouse. Parking is also available in the surface lot directly behind the courthouse.
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McHenry County Man Indicted on Child Pornography ChargesRead the Press Release
ROCKFORD — A Solon Mills man was indicted today by a federal grand jury on charges of child pornography.
WAYNE GIBBONS, 66, was charged with two counts of transporting child pornography via the Internet in June 2013.
Each count of transporting child pornography carries a mandatory minimum sentence of five years in prison and a maximum of 20 years, as well as a $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorney Michael D. Love.