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Thursday 6 October 2016
Smithfield Man Found Guilty of Heroin and Methamphetamine Distribution Charges and Maintaining a DwellingRead the Press Release
GREENVILLE – The United States Attorney’s Office announced that yesterday, FRANKY LOUIS HOSTON, 26, was found guilty in a jury trial of possession with intent to distribute methamphetamine and heroin, and maintaining a dwelling for the purpose of distributing, manufacturing and using methamphetamine and heroin.
HOSTON, along with two others, was indicted by a federal grand jury on December 15, 2015.
In late spring, 2015, a Smithfield Police Officer received information from a confidential source who stated that there was a male in Smithfield that sells heroin. This confidential source stated that the individual was selling multiple ounces of heroin.
At the beginning of June, 2015, another officer of the Smithfield Police Department, received an anonymous tip regarding illegal drug activity HOSTON’s residence on Boyette Circle in Smithfield, North Carolina. As a result, the Smithfield Police Department began to conduct surveillance on the residence. Just as the first concerned citizen noted, Smithfield officers observed multiple vehicles briefly stopping for short times at the residence.
A roadside trash pull was conducted by Smithfield Police Department on July 16, 2015, at the residence. Numerous items commonly associated with narcotics were discovered. A search warrant of the residence was obtained and on July 17, 2015, officers from the Smithfield Police Department arrived at the residence to serve the search warrant.
The defendant along with two others were discovered in the residence. During the search of Hoston’s room, officers found a Diamondback DB380 handgun with six rounds of .380 ammunition in the magazine, and two cell phones. Additionally, officers located two bindles of suspected heroin on a counter between living room and kitchen. While shining their light in the common area, multiple crystals consistent with methamphetamine were illuminated on the floor. In addition, there was a plastic cup containing approximately three fourths of an ounce of crystal methamphetamine in the coffee table. Approximately $6,000.00 was located along with ammunition and heroin in a kitchen cabinet. A large wrapper with meth crystal residue and large scale were located in the laundry room.
In addition to locating a large amount of methamphetamine, heroin, currency, and two loaded pistols in one of the bedrooms, officers located methamphetamine and marijuana, drug paraphernalia, a phone, and $531.00, in another bedroom.
The case was investigated by the Smithfield Police Department, Bureau of Alcohol Tobacco Firearms and Explosives, North Carolina State Crime Lab, and the Johnston County Sheriff's Office. Assistant United States Attorney Katherine Burnette handled the prosecution on behalf of the Eastern District of North Carolina.
Six Fort Campbell Soldiers and Two Others Charged with Stealing and Selling Sensitive Military EquipmentRead the Press Release
Eight individuals, including six Fort Campbell soldiers, were indicted by a federal grand jury in Nashville, Tenn. yesterday and charged in connection with a conspiracy to steal sensitive U.S. Army equipment which was ultimately sold and shipped to anonymous eBay bidders, including some located in foreign nations.
Federal law enforcement agents began arresting those charged early this morning. Five are currently in custody and two others are expected to surrender later.
This announcement was made by U.S. Attorney David Rivera at a mid-morning press conference in Nashville. Rivera was joined by Robert Hammer, Resident Agent in Charge of Homeland Security Investigations (HSI); and Tracey D. Montan᷉o, Special Agent in Charge of the IRS-Criminal Investigation (IRS-CI) in Nashville.
“The actions of the soldiers charged today should in no way stain the honor of the brave men and women who proudly serve in our country’s armed forces and selflessly give everything to protect America’s freedom,” said U.S. Attorney David Rivera. “To the contrary, we never want to allow the illegal and self-serving actions of a few to cast a shadow on the thousands of military heroes who every day place themselves in harm’s way to protect this great nation. Today we seek both to hold accountable all those who seek to financially profit from the illegal sale of stolen, sensitive and restricted military equipment as well as to thank the U.S. military personnel around the world whose dedication and service safeguards us all.”
Those charged in the indictment are:
- John Roberts, 26, of Clarksville, Tenn;
- Cory Wilson, aka Jason Cory Wilson, 42, of Clarksville;
- U.S. Army Sergeant Michael Barlow, 29, of Clarksville;
- U.S. Army Sergeant Jonathan Wolford, 28, of Clarksville;
- U.S. Army Specialist Kyle Heade, 29, of Fort Campbell, Kentucky;
- U.S. Army Specialist Alexander Hollibaugh, 25, of Fort Campbell;
- U.S. Army Specialist Dustin Nelson, 22, of Fort Campbell; and
- U.S. Army Specialist Aaron Warner, 24, of Fort Campbell.
According to the indictment, the soldiers charged stole more than $1 million worth of sensitive military equipment from the U.S. Army installation at Fort Campbell and sold it to others, including Roberts and Wilson, who then re-sold the equipment on eBay. The items sold included sniper telescopes and rifle accessories, machine gun parts and accessories, grenade launcher sights, flight helmets, communication headsets, body armor and medical supplies. Many of these items were advertised as “Army Special Forces” and U.S. Government Issued (“USGI”).
The indictment also alleges that Roberts and Wilson illegally sold certain restricted U.S. Army equipment, including night vision helmet mounts, to eBay customers located in foreign nations including Russia, China, Hong Kong, Kazakhstan, Ukraine, Lithuania, Moldova, Malaysia, Romania, and Mexico. The indictment also alleges that Wilson sold flight helmet mounts, advertised as USGI, to buyers in Russia, China, and Kazakhstan and Roberts sold advanced communications headset helmets to buyers in Russia and China.
The indictment charges each defendant with conspiring to steal or receive U.S. Army property and to sell or convey U.S. Army property without authority. In addition, Roberts was charged with 10 counts of wire fraud and one count of violating the Arms Export Control Act, and Wilson was charged with 7 counts of wire fraud, one count of money laundering, and one count of violating the Arms Export Control Act. Barlow was also charged with three counts of selling or conveying U.S. Army property without authority.
"As reflected by our name, HSI considers the national security interests of our nation among our top priorities,” said Special Agent in Charge Raymond R. Parmer, of HSI New Orleans. “It's especially disturbing when we identify corrupted members of our military who undermine the welfare of this this country, so we, along with our law enforcement partners, shall continue to aggressively investigate this type of criminal activity." Parmer is the Special Agent in Charge of the New Orleans field office with responsibility for Tennessee, Alabama, Arkansas, Mississippi, and Louisiana.
“The security of our nation is also a top priority for IRS Criminal Investigation,” stated Tracey D. Montaño, Special Agent in Charge, IRS-Criminal Investigation. “Those who compromise the safety of the American public and our military personnel in the interest of greed will be held accountable for their actions. IRS-CI remains committed to its partnership with other law enforcement agencies to investigate these types of egregious acts”. Montaño is the Special Agent in Charge of the Nashville Field Office with responsibility for Tennessee, Kentucky, and Arkansas.
Each defendant faces up to five years in prison and a fine of up to $250,000 on the conspiracy charge. Roberts and Wilson face up to 20 years for each count of wire fraud and violating the Arms Export Control Act and Wilson faces up to an additional 20 years on the money laundering charge. In addition, Barlow faces up to 10 years in prison on each conveying charge. The defendants also face forfeiture of the proceeds of their crimes. Any sentences would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
An indictment is merely an accusation and is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty in a court of law.
The case was investigated by HSI, U.S. Army Criminal Investigation Command, and the IRS-CI. The case is being prosecuted by Assistant U.S. Attorneys William F. Abely and Thomas J. Jaworski.
Six Fort Campbell Soldiers and Two Others Charged with Stealing and Selling Sensitive Military EquipmentRead the Press Release
Indictment Alleges Some Restricted Equipment Sold to Customers in Foreign Nations
Eight individuals, including six Fort Campbell soldiers, were indicted by a federal grand jury in Nashville, Tennessee, yesterday and charged in connection with a conspiracy to steal sensitive U.S. Army equipment which was ultimately sold and shipped to anonymous eBay bidders, including some located in foreign nations.
This announcement was made by U.S. Attorney David Rivera for the Middle District of Tennessee at a mid-morning press conference in Nashville. U.S. Attorney Rivera was joined by Resident Agent in Charge Robert Hammer of Homeland Security Investigations (HSI); and Special Agent in Charge Tracey Montan᷉o of the Internal Revenue Service-Criminal Investigation (IRS-CI) in Nashville.
“The actions of the soldiers charged today should in no way stain the honor of the brave men and women who proudly serve in our country’s armed forces and selflessly give everything to protect America’s freedom,” said U.S. Attorney Rivera. “To the contrary, we never want to allow the illegal and self-serving actions of a few to cast a shadow on the thousands of military heroes who every day place themselves in harm’s way to protect this great nation. Today we seek both to hold accountable all those who seek to financially profit from the illegal sale of stolen, sensitive and restricted military equipment as well as to thank the U.S. military personnel around the world whose dedication and service safeguards us all.”
Those charged in the indictment are:
- John Roberts, 26, of Clarksville, Tennessee;
- Cory Wilson aka Jason Cory Wilson, 42, of Clarksville;
- U.S. Army Sargent Michael Barlow, 29, of Clarksville;
- U.S. Army Sargent Jonathan Wolford, 28, of Clarksville;
- U.S. Army Specialist Kyle Heade, 29, of Fort Campbell, Kentucky;
- U.S. Army Specialist Alexander Hollibaugh, 25, of Fort Campbell;
- U.S. Army Specialist Dustin Nelson, 22, of Fort Campbell; and
- U.S. Army Specialist Aaron Warner, 24, of Fort Campbell.
According to the indictment, the soldiers charged stole more than $1 million worth of sensitive military equipment from the U.S. Army installation at Fort Campbell and sold it to others, including Roberts and Wilson, who then re-sold the equipment on eBay. The items sold included sniper telescopes and rifle accessories, machine gun parts and accessories, grenade launcher sights, flight helmets, communication headsets, body armor and medical supplies. Many of these items were advertised as “Army Special Forces” and “U.S. Government Issued” (USGI).
The indictment also alleges that Roberts and Wilson illegally sold certain restricted U.S. Army equipment, including night vision helmet mounts, to eBay customers located in foreign nations including Russia, China, Hong Kong, Kazakhstan, Ukraine, Lithuania, Moldova, Malaysia, Romania and Mexico. The indictment also alleges that Wilson sold flight helmet mounts, advertised as USGI, to buyers in Russia, China and Kazakhstan and Roberts sold advanced communications headset helmets to buyers in Russia and China.
The indictment charges each defendant with conspiring to steal or receive U.S. Army property and to sell or convey U.S. Army property without authority. In addition, Roberts was charged with 10 counts of wire fraud and one count of violating the Arms Export Control Act and Wilson was charged with seven counts of wire fraud, one count of money laundering and one count of violating the Arms Export Control Act. Barlow was also charged with three counts of selling or conveying U.S. Army property without authority.
“As reflected by our name, HSI considers the national security interests of our nation among our top priorities,” said Special Agent in Charge Raymond R. Parmer of HSI New Orleans Field Office. “It's especially disturbing when we identify corrupted members of our military who undermine the welfare of this this country, so we, along with our law enforcement partners, shall continue to aggressively investigate this type of criminal activity.”
Parmer is the Special Agent in Charge of the New Orleans Field Office with responsibility for Tennessee, Alabama, Arkansas, Mississippi and Louisiana.
“The security of our nation is also a top priority for IRS Criminal Investigation,” said Special Agent in Charge Montaño. “Those who compromise the safety of the American public and our military personnel in the interest of greed will be held accountable for their actions. IRS-CI remains committed to its partnership with other law enforcement agencies to investigate these types of egregious acts.”
Montaño is the Special Agent in Charge of the Nashville Field Office with responsibility for Tennessee, Kentucky and Arkansas.
Each defendant faces up to five years in prison and a fine of up to $250,000 on the conspiracy charge. Roberts and Wilson face up to 20 years for each count of wire fraud and violating the Arms Export Control Act and Wilson faces up to an additional 20 years on the money laundering charge. In addition, Barlow faces up to 10 years in prison on each conveying charge. The defendants also face forfeiture of the proceeds of their crimes. Any sentences would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
An indictment is merely an accusation and is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty in a court of law.
The case was investigated by HSI, U.S. Army Criminal Investigation Command and IRS-CI. The case is being prosecuted by Assistant U.S. Attorneys William F. Abely and Thomas J. Jaworski.
Sissonville man pleads guilty to federal methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A Sissonville man pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Jacob Reed, 43, entered his guilty plea to possession with intent to distribute methamphetamine.
Reed admitted that on February 14, 2016, law enforcement conducted a traffic stop of Reed’s vehicle. In a subsequent search of the vehicle, law enforcement discovered a camera bag in the floor of the front passenger side that contained cash and several plastic bags of methamphetamine. Law enforcement also found additional cash and a set of digital scales in the center console of the vehicle. In total, officers recovered over 230 grams of methamphetamine and nearly $15,000 in cash.
Reed faces up to 20 years in federal prison when he is sentenced on January 4, 2017.
The Kanawha County Sheriff’s Office and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Monica D. Coleman is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat illegal drugs in our communities, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Shreveport man pleads guilty to felony possession of firearmsRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Shreveport man pleaded guilty Tuesday to illegally possessing two pistols after being convicted of a felony.
Terrell Kellum, 29, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of felon in possession of a firearm. According to the guilty plea, a member of the public informed law enforcement on November 6, 2015 that an individual was carrying two pistols near the intersection of Linwood and 70th Street in Shreveport. The individual was seen leaving in a vehicle some time later. A Shreveport police officer conducted a traffic stop on the vehicle and searched it. Kellum was found to be in possession of two .380 caliber Lorcin Model L380 pistols. Kellum had been previously convicted of a felony and was not allowed to possess a firearm.
Kellum faces up to 10 years in prison, three years of supervised release, forfeiture of the seized items and a $10,000 fine. A sentencing date of February 10, 2017 was set.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Jonathan S. Drucker is prosecuting the case.
Seven Men Plead Guilty for Illegally Harvesting and Selling American EelsRead the Press Release
Between the dates of October 4 and October 6, seven individuals pleaded guilty in Federal District Court in Portland, Maine, to trafficking more than $1.9 million worth of juvenile American eels, also known as “elvers,” in violation of the Lacey Act.
Yarann Im, Mark Green, John Pinkham, Thomas Reno, Michael Bryant and George Anestis each pleaded guilty to selling or transporting elvers in interstate commerce, that they had harvested illegally, or knew had been harvested illegally, in various East Coast states, including Virginia, New Jersey, Massachusetts, and Rhode Island, among others. Thomas Choi pleaded guilty to exporting elvers that he knew had been harvested illegally in New Jersey, Massachusetts, and elsewhere.
The guilty pleas were announced today by Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division and Director Dan Ashe of the United States Fish and Wildlife Service (USFWS). The pleas were the result of “Operation Broken Glass,” a multi-jurisdiction USFWS investigation into the illegal trafficking of American eels.
“Without the robust enforcement of our nation’s wildlife laws, trafficking in species like the protected American eel will undermine vital marine resources to the point of no return,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The American eel is a unique and economically important species in river systems along the U.S. east coast. These convictions should send a strong message that we will investigate and prosecute poaching as a serious crime, standing side by side with our state law enforcement partners.”
“Skyrocketing prices for juvenile American eels in Asia have led to a surge in poaching and trafficking in this unique species, threatening to wipe it out in the rivers of the Northeast,” said Director Ashe. “The prosecution of these poachers demonstrates our resolve to work with our state and federal law enforcement partners to halt illegal trade in American eels and sustain the species for future generations. The success and scope of Operation Broken Glass would not have been possible without this unparalleled collaboration, which will serve as a model for future investigations.”
“Elver landings are one of Maine’s largest revenue producing marine resources,” said Maine Marine Patrol Colonel Jon Cornish. “Strong enforcement of both state and federal statutes are a key to the success of this fishery. Maine Marine Patrol is proud to have been a participant within Operation Broken Glass. These cases represent the results of what can be accomplished when agencies partner effectively.”
“This investigation is an example of excellent collaboration between wildlife law enforcement agencies at the federal, state, and local level,” said Assistant Administrator Eileen Sobeck of NOAA Fisheries. “NOAA’s Office of Law Enforcement will continue to support investigations to ensure that those fishermen who obey the rules reap the benefits of fair competition and those who do not are caught and justice served.”
“The waters of New Jersey provide ideal conditions for migrating juvenile American eels,” said Director Dave Chanda of the New Jersey Department of Environmental Protection’s Division of Fish &Wildlife. “Despite laws banning American eel harvest, New Jersey continues to experience pressure from those looking to illegally target this highly desired resource to meet overseas demand. In their pursuit of financial gain, these individuals demonstrated deliberate indifference to the health and viability of our state's natural resource.”
Eels are highly valued in east Asia for human consumption. Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in the population of these eels. As a result, harvesters have turned to the American eel to fill the resulting void.
American eels spawn in the Sargasso Sea, an area of the North Atlantic Ocean bounded on all sides by ocean currents. They then travel as larvae from the Sea to the coastal waters of the eastern United States, where they enter a juvenile or elver stage, swim upriver and grow to adulthood in fresh water. Elvers are exported for aquaculture in east Asia, where they are raised to adult size and sold for food. Harvesters and exporters of American eels in the United States can sell elvers to east Asian buyers for more than $2000 per pound.
Because of the threat of overfishing, elver harvesting is prohibited in the United States in all but three states: Maine, South Carolina and Florida. Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities. Although Florida does not have specific elver-related regulations, the limited population of elvers in Florida waters makes commercial elver fishing impossible.
The seven defendants all illegally harvested, sold, transported, or exported elvers, knowing they had been harvested in violation of state law. Further, as a means of concealing the illegal sale and export of elvers, the defendants used Maine or Florida eel harvest licenses, whether theirs or someone else’s, to claim in required paperwork that the elvers were obtained legally from Maine or Florida waters. Elver export declaration packages submitted to the USFWS included this false documentation in order to disguise the illegal origins of the elvers and to facilitate their export from the United States to buyers in east Asia.
The offenses in the case are felonies under the Lacey Act, each carrying a maximum penalty of five years’ incarceration, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.
Operation Broken Glass was conducted by the USFWS and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, MA Division of Natural Resources, North Myrtle Beach, SC Police Department and the Atlantic States Marine Fisheries Commission.
The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller.
Scott County man sentenced in federal court for drug conspiracyRead the Press Release
Distributed heroin, methamphetamine and prescription painkillers
PRESS RELEASE
Indianapolis - United States Attorney Josh J. Minkler, announced today the sentencing of a Scottsburg man for his role in distributing large quantities of prescription drugs, heroin and methamphetamine to the Scott County area. Bennito L. Rodriguez, 39, was sentenced today to 20 years’ imprisonment by U.S. District Judge Sarah Evans Barker.
“Scott County was targeted by an organization with the goal of infesting that community with drugs, including the prescription painkiller Opana,” said Minkler. “This became an epidemic and local law enforcement asked for our help. Today, I am pleased to announce that the organization has been dismantled and justice has been served.”
In June 2015, agents from the Drug Enforcement Administration (DEA) in Indianapolis began working with Scott County law enforcement officials to determine the source of the powerful prescription painkiller Opana (oxymorphone) and methamphetamine which were prevalent in Austin, Indiana, and other parts of Scott County. Investigators quickly determined that Bennito L. Rodriguez and his wife Brooklynn G. Mack both of Scottsburg, orchestrated the supply of Opana and methamphetamine for redistribution into the Scott County community.
Through various investigative techniques law enforcement officials determined that Rodriguez and Mack would obtain their supply of methamphetamine and Opana from sources in Louisville, Kentucky, Indianapolis and Detroit, Michigan. The two then organized a redistribution network using other members of the conspiracy to sell the drugs in Scott County. In total, Rodriguez was responsible for bring nearly 10,000 Opana pills as well as pound quantities of methamphetamine and heroin into the Scott County area.
Nine other defendants have agreed to plead guilty and are awaiting sentencing:
Brooklynn G. Mack, 30, Scottsburg, IN.
Rashawn A. Vaughn, a/k/a Ray, 42, Louisville, KY.
Eric L. Gude, 37, Indianapolis
Rashaan S. Perkins, a/k/a Phil, a/k/a D, 22, Detroit, MI.
Anthony L. Hardy, 40, Indianapolis
James D. Haney, 57, Austin, IN.
Justin M. Roberts, a/k/a Booger, 39, Austin, IN.
Travis D. Brock, 35, Scottsburg, IN.
Michael A. Doyle, 39, Scottsburg, IN.
“Heroin and opioid prescription drug abuse is priority number one for the DEA,” said Assistant Special Agent in Charge Greg Westfall with the DEA Indianapolis office. “Studies show that 80 percent of the new heroin users started with prescription painkillers. This case shows that people who poison our communities with drugs will be identified and prosecuted to the fullest extent.”
"We are very pleased with the cooperation our local agencies have gotten from the DEA and the U.S. Attorney’s Office in this investigation. They have resources that are not available in state prosecutions, which make these types of outcomes difficult for us to pursue locally,” said Scott County Prosecutor, Jason Mount. “We are happy to see that this offender will not be able to bring any more harm to our community for quite some time, and we look forward to continuing our partnership with the federal authorities."
According to Drug and Violent Crime Chief Bradley A. Blackington who prosecuted this case for the government, Rodriguez must serve 10 years of supervised release following his sentence and pay a $5,000 fine.
Sarasota Woman Pleads Guilty to Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Mazie Hill (50, Sarasota) has pleaded guilty to one count of conspiracy to commit theft of government property and identity theft. She faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Hill and others processed debit and credit cards in other people’s names containing tax refunds generated by fraudulent tax returns through a Square, Inc. account. Square, Inc. is a merchant processor that provides terminals to businesses to process credit and debit card payments. Hill and others set up the merchant accounts related to a restaurant located in the Middle District of Florida where Hill worked. The accounts were supposed to be used to process payments for restaurant and bar services only. Instead, they were used to process credit and debit card transactions for both legitimate restaurant-related sales and for tax fraud transactions using prepaid debit cards such as Green Dot. After the payments were processed, Square, Inc. electronically transferred the funds to Hill’s bank account and to the accounts of others, where the proceeds were shared and used for personal items.
The Green Dot cards containing fraudulent tax refunds were brought to Hill at the restaurant by others. Often, Hill and her co-conspirators would swipe the cards in declining amounts until a transaction was accepted. Between August and November 2012, Hill conducted 115 successful transactions with Green Dot cards had been funded with false tax refunds, in the amount of nearly $90,000. Almost $55,000 in transactions were declined.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joseph Hatchett, age 40, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Hatchett pleaded guilty to the charge on June 17, 2016.
The charge related to Hatchett failing to register as a convicted sex offender between January 15, 2016, and March 10, 2016.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.
Johnny Lunderman, age 33, was sentenced to 15 months in custody, 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Lunderman was indicted by a federal grand jury on May 17, 2016. He pled guilty on August 8, 2016.
Lunderman was convicted of Sexual Abuse of a Minor in federal court in August 2009. He was sentenced to 40 months of custody, followed by 5 years of supervised release. Lunderman is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In December 2015, Lunderman registered with an address in Rapid City. On April 3, 2016, Lunderman was arrested in Jackson County, South Dakota, and charged with Driving Under the Influence. He was subsequently released on bond, and a federal warrant was issued for his arrest. On April 7, 2016, a Rapid City police officer conducted a compliance check at Lunderman’s address and discovered he no longer resided there. On April 20, 2016, Lunderman was arrested in Kyle, South Dakota, without incident. Lunderman did not update his sex offender registration between April 4, 2016, and April 20, 2016, as required by law.
This case was investigated by the U.S. Marshals Service and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Lunderman was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Patrick Black Spotted Horse, age 27, was indicted on January 20, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On March 8, 2010, Black Spotted Horse was sentenced to 40 months in federal custody for Sexual Abuse of a Minor. As a result of his conviction, he is required to register as a sex offender. It is alleged that between December 3, 2015, and January 20, 2016, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Providence Resident Pleads Guilty to Trafficking 14-Year-OldRead the Press Release
PROVIDENCE, R.I. – Paul J. Monteiro, a/k/a “Peezy,” 31, of Providence, pleaded guilty in federal court in Providence today to sex trafficking of a minor, admitting to the court that he transported a 14-year-old girl from Rhode Island to New Jersey for the purpose of engaging in commercial sexual activity.
Monteiro and the minor female were located in a hotel room in Franklin Township, New Jersey, on April 6, 2015, by agents and officers from Homeland Security Investigations (HSI), the FBI and Franklin Township police.
Monteiro’s guilty plea is announced by United States Attorney Peter F. Neronha; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England; Lieutenant Colonel Kevin M. Barry, Acting Superintendent of the Rhode Island State Police; and Harold H. Shaw, Special Agent in Charge of the Boston Field Office of the FBI.
According to information presented to the court, on March 23, 2015, the National Center for Missing and Exploited Children reported to Rhode Island State Police that they had received a report of a juvenile female from Rhode Island who had allegedly been sexually molested by an adult male and that she was afraid to end the relationship due to threats of bodily harm.
Rhode Island State Police determined that the young female was reported missing on November 20, 2014, from a group home in Rhode Island. Through further investigation, Rhode Island State Police learned that the girl had traveled to New Jersey with an individual identified as “Peezy.”
On April 6, 2015, Rhode Island State Police tracked a cell phone in the possession of the missing teenager to Franklin Township, New Jersey. HSI and FBI agents, and police officers from Franklin Township located the missing girl and Paul Monteiro in a hotel room in Franklin Township. Monteiro was arrested by Franklin Township police on New Jersey state charges and detained. A court authorized search of a cell phone belonging to Monteiro resulted in the discovery of photographs of the 14-year-old girl that had been posted in advertisements on Backpage.com offering the young victim for commercial sex.
Monteiro, who has been detained since his arrest on April 6, 2015, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on December 22, 2016.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
President Obama Grants CommutationsRead the Press Release
Today, the President granted commutation of sentence to the following 102 individuals:
· Benjy Neil Allums – Niceville, FL
Offense: Conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and 500 grams or more of a mixture and substance containing a detectable amount of cocaine; Northern District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (June 28, 2005)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Anthony Anderson – Trenton, TN
Offense: Conspiracy to possess with intent to distribute and to distribute in excess of 50 grams of a mixture or substance containing cocaine base, and in excess of five kilograms of a mixture or substance containing cocaine; Southern District of Indiana
Sentence: 240 months' imprisonment; 10 years' supervised release (July 25, 2006)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Martavious Devonn Anderson – High Point, NC
Offense: Conspiracy to distribute cocaine base (crack); Middle District of North Carolina
Sentence: 262 months' imprisonment; 10 years' supervised release (July 2, 2009)Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Norwood Wallace Barber, Jr. – Harrisonburg, VA
Offense: Conspiracy to distribute cocaine base; Western District of Virginia
Sentence: Life imprisonment; 10 years' supervised release; $2,500 fine (December 21, 2005)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment and unpaid balance of fine remitted.
· Shawn Leo Barth – Bismarck, ND
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession of a controlled substance with intent to distribute methamphetamine; distribution of a controlled substance methamphetamine; possession with intent to distribute a controlled substance marijuana; possession of a firearm in furtherance of a drug trafficking crime; felon in possession of a firearm/ammunition; District of North Dakota
Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (March 22, 2004)Commutation Grant: Prison sentence commuted to a term of 322 months' imprisonment.
· Ronald Baskin – Madison, WI
Offense: Possession with intent to distribute five grams or more of cocaine base (crack cocaine); Western District of Wisconsin
Sentence: 262 months' imprisonment; eight years' supervised release (October 1, 2007)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Desmond Belle – Columbia, SC
Offense: Conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base; District of South Carolina
Sentence: 262 months' imprisonment; 10 years' supervised release (September 24, 2008)Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Michael Jay Bertram – Dumont, IA
Offense: Possession with intent to distribute a mixture of methamphetamine containing more than 50 grams of pure methamphetamine after having been previously convicted of a felony drug offense; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (February 23, 2011)Commutation Grant: Prison sentence commuted to a term of 168 months' imprisonment, conditioned upon enrollment in residential drug treatment.
· Randy Boler – Indiana, PA
Offense: Conspiracy to possess with the intent to distribute 50 grams or more of crack cocaine; Middle District of Pennsylvania
Sentence: 327 months' imprisonment; five years' supervised release; $2,500 fine (April 18, 2002); amended to 267 months' imprisonment (December 18, 2002)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Christopher Steven Bowen – Kalamazoo, MI
Offense: Conspiracy to distribute more than 50 grams of cocaine base; Western District of Michigan
Sentence: Life imprisonment; 10 years' supervised release; $6,000 fine (May 26, 2005)Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment and unpaid balance of fine remitted.
· Gary Brown – Portland, ME
Offense: Possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; District of Maine
Sentence: Life imprisonment; 10 years' supervised release (October 11, 2006)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Philander Butler – Memphis, TN
Offense: Possession of 120 grams cocaine base with intent to distribute; Western District of Tennessee
Sentence: Life imprisonment; 10 years' supervised release (September 13, 1999)Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment.
· Ivan Calhoun – Cleveland, TN
Offense: Conspiracy to distribute 50 grams or more of methamphetamine mixture; Eastern District of Tennessee
Sentence: 262 months' imprisonment; eight years' supervised release (March 1, 2004); amended to 238 months' imprisonment (August 1, 2005)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Alonzo Devon Campbell – Bay City, MI
Offense: Distribution of five grams or more of cocaine base; Eastern District of Michigan
Sentence: 240 months' imprisonment; eight years' supervised release (February 13, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Angel Cardona – Wilmington, DE
Offense: Conspiracy to possess with the intent to distribute cocaine; Northern District of Ohio
Sentence: 210 months' imprisonment; four years' supervised release (December 15, 2003)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Lemond Carmickel – St. Louis, MO
Offense: Possession with the intent to distribute cocaine; Eastern District of Missouri
Sentence: 360 months' imprisonment; eight years' supervised release (February 25, 2000)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Arthur Clinkscale – Youngstown, OH
Offense: Possession with intent to distribute cocaine base; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (November 19, 2002)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Marc Collins – St. Louis, MO
Offense: Conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base (mixture); Southern District of Indiana
Sentence: 210 months' imprisonment; 10 years' supervised release; $1,000 fine (March 4, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Aaron Keith Covington – Newport News, VA
Offense: Conspiracy to distribute and possess with intent to distribute cocaine and cocaine base; distribution of cocaine base (four counts); possess with intent to distribute cocaine base (six counts); distribution of cocaine (six counts); possess with intent to distribute cocaine (two counts); money laundering; Eastern District of Virginia
Sentence: Life imprisonment; 10 years' supervised release (April 6, 2000)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Eladio Cruz – Newark, NJ
Offense: Conspiracy to distribute more than 50 grams of a mixture and substance containing cocaine base (crack cocaine); District of New Jersey
Sentence: 262 months' imprisonment; five years' supervised release (June 24, 2002)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Virgil Leon Darville – Boynton Beach, FL
Offense: Conspiracy to distribute at least 50 grams of cocaine base and at least 500 grams of powder cocaine; Southern District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release (February 20, 2009)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Ernest Mordeau Deas – Stone Mountain, GA
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; District of South Carolina
Sentence: 240 months' imprisonment; eight years' supervised release (January 18, 2006)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Nicholas Jolise Deering – Des Moines, IA
Offense: Possession with intent to distribute at least 50 grams of cocaine base; Southern District of Iowa
Sentence: 223 months' imprisonment; 10 years' supervised release (June 29, 2010)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Delvin R. Dixon – Rockford, IL
Offense: Conspiracy to distribute cocaine; Southern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (February 10, 2009)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Martin Leroy Dwyer – Columbia, SC
Offense: Conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base (commonly known as "crack" cocaine), five kilograms or more of powder cocaine, and a quantity of marijuana; District of South Carolina
Sentence: 262 months' imprisonment; five years' supervised release (July 17, 2008); amended to 188 months' imprisonment (August 23, 2010)Commutation Grant: Prison sentence commuted to expire on May 4, 2017.
· Nathan Robert Engel – Willmar, MN
Offense: Distribution of methamphetamine; Southern District of Iowa
Sentence: 262 months' imprisonment; 10 years' supervised release (August 21, 2008)Commutation Grant: Prison sentence commuted to a expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Julio Figueroa – Philadelphia, PA
Offense: 1. Conspiracy to distribute and possess with intent to distribute five kilogramsor more of cocaine; unlawfully maintaining a place for the manufacture of controlled substances; distribution of cocaine and aiding and abetting (four counts); Eastern District of Pennsylvania
2. Supervised release violation (conspiracy to distribute 500 grams of cocaine; distribution of 500 grams or more of cocaine and aiding and abetting); Eastern District of Pennsylvania
Sentence: 1. 360 months' imprisonment; 10 years' supervised release (June 19, 2008)
2. 6 months’ imprisonment (consecutive) (November 4, 2008)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Anthony P. Flemming – Pittsburgh, PA
Offense: Possession with intent to distribute and/or distribution of five (5) grams or more of a mixture and substance containing a detectable amount of cocaine base; possession with intent to distribute five (5) grams or more of a mixture and substance containing a detectable amount of cocaine base; possession with intent to distribute less than 500 grams of a mixture and substance containing a detectable amount of cocaine (two counts); Western District of Pennsylvania
Sentence: 188 months' imprisonment; five years' supervised release (March 22, 2007)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Leroy Fondren, Jr. – Kansas City, KS
Offense: Possession with intent to distribute 50 grams or more of cocaine base; use of a firearm during a drug trafficking crime; District of Kansas
Sentence: 180 months' imprisonment; five years' supervised release (March 26, 2007)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Todd Fitzgerald Frazier – Largo, FL
Offense: Possession with intent to distribute 50 grams or more of cocaine base, crack cocaine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 10, 2005)Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Leticia Garcia – Weslaco, TX
Offense: Conspiracy to distribute heroin; possession with intent to distribute heroin; Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (July 18, 2008)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Lee Aaron George – Beaumont, TX
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Eastern District of Texas
Sentence: 240 months' imprisonment; 10 years' supervised release (April 14, 2010)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Alvin Green – Los Angeles, CA
Offense: Conspiracy to distribute and possess with intent to distribute 50 or more grams of cocaine base, aiding and abetting; use of a communications facility to possess with intent to distribute cocaine base, aiding and abetting (two counts); money laundering, aiding and abetting; District of Colorado
Sentence: Life imprisonment; three years' supervised release (April 7, 2004)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Roosevelt Hamlin – Chicago, IL
Offense: Distribution of cocaine base (crack); Central District of Illinois
Sentence: 360 months' imprisonment; 10 years' supervised release (May 5, 2010)Commutation Grant: Prison sentence commuted to a term of 236 months' imprisonment.
· Lancell Maurice Harris – Little Rock, AR
Offense: Possession of cocaine with intent to distribute (two counts); carrying a firearm during a drug-trafficking crime (two counts); Eastern District of Arkansas
Sentence: 421 months' imprisonment; four years' supervised release (December 1, 1993); amended to 397 months' imprisonment (July 1, 2008); amended to 363 months' imprisonment (November 3, 2011); amended to 360 months' imprisonment (November 25, 2014)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Lavelle Henderson – Topeka, KS
Offense: Continuing criminal enterprise; money laundering; District of Kansas
Sentence: Life imprisonment; five years' supervised release (November 22, 2002)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Lincoln Cardell Henderson – Kansas City, MO
Offense: Conspiracy to distribute 50 grams or more of “crack” cocaine; possession with intent to distribute 50 grams or more of “crack” cocaine; Western District of Missouri
Sentence: Life imprisonment; 10 years' supervised release (August 31, 2004)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Marty Herndon – Jenkinsville, SC
Offense: Possession with the intent to distribute five grams or more of cocaine base (crack cocaine); District of South Carolina
Sentence: 262 months' imprisonment; eight years' supervised release (April 13, 2004)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Willi J. Hill – Indianapolis, IN
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; possession with intent to distribute cocaine base; Southern District of Indiana
Sentence: 500 months' imprisonment; five years' supervised release; $25,000 fine (January 11, 1995)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Dontae Lamont Hunt – Atlanta, GA
Offense: Possession with intent to distribute more than five grams of cocaine base (two counts); carrying a firearm during and in relation to a drug trafficking crime; District of Oregon
Sentence: 240 months' imprisonment; eight years' supervised release (September 23, 2005)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Arthur Jarrod Jackson – Dallas, TX
Offense: Possession with intent to distribute crack and aiding and abetting; carrying or use of a firearm during a drug crime and aiding and abetting; felon in possession of a firearm; Northern District of Texas
Sentence: 420 months' imprisonment; five years' supervised release (May 19, 1994)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Jesse Jackson, Jr. – Fort Worth, TX
Offense: Conspiracy to distribute 50 grams or more of cocaine base and to distribute five kilograms or more of cocaine; distribution of cocaine base and aiding and abetting; Northern District of Texas
Sentence: 320 months' imprisonment; five years' supervised release (December 3, 1996)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Rodrickus Antonio Jamison – Portsmouth, VA
Offense: Distribution of five grams or more of cocaine base; Western District of Virginia
Sentence: 188 months' imprisonment; four years' supervised release (July 31, 2006)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Cesar R. Jara – El Paso, TX
Offense: Possession with intent to distribute 1,000 kilograms or more of marijuana; Western District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (February 10, 2006)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· James Curtis Johnson – Fayetteville, NC
Offense: Distribution of 55.4 grams of cocaine base; Eastern District of North Carolina
Sentence: 262 months' imprisonment; five years' supervised release (March 20, 2002)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Christian Jones – Fountain, CO
Offense: Possession with intent to distribute 500 grams or more of cocaine and five grams or more of cocaine base; District of Colorado
Sentence: 262 months' imprisonment; eight years' supervised release (February 20, 2002)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Mark Louis Katzin, Sr. – Philadelphia, PA
Offense: Conspiracy to distribute methamphetamine; Use of a communication facility in furtherance of a drug trafficking offense; Eastern District of Pennsylvania
Sentence: 240 months' imprisonment; 10 years' supervised release (May 15, 2002)Commutation Grant: Prison sentence commuted to expire on May 1, 2017.
· Roger Law – Boise, ID
Offense: Possession with intent to distribute methamphetamine (two counts); possession of a listed chemical with knowledge of its wrongful intended use; possession with intent to distribute marijuana; District of Idaho
Sentence: Life imprisonment; 10 years' supervised release; $2,000 fine (November 8, 2001)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, and unpaid balance of fine remitted, conditioned upon enrollment in residential drug treatment.
· Jefferson Levine – Hollywood, FL
Offense: Possession with intent to distribute 50 grams or more of cocaine base; Southern District of Florida
Sentence: Life imprisonment; five years' supervised release (July 16, 2001)Commutation Grant: Prison sentence commuted to a term of 327 months' imprisonment.
· Brandon J. Lewis – Houston, TX
Offense: Drug trafficking conspiracy; use of telephone in furtherance of a drug trafficking crime; Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (February 17, 2009)Commutation Grant: Prison sentence commuted to a term of 120 months' imprisonment.
· David Fitzgerald Lightner – Charlotte, NC
Offense: Conspiracy to possess with intent to distribute and distribute a quantity of cocaine base; possess with intent to distribute a quantity of cocaine base and aid and abet same; Western District of North Carolina
Sentence: Life imprisonment; $25,000 fine (May 16, 1994)Commutation Grant: Prison sentence commuted to expire on October 6, 2017, and unpaid balance of fine remitted.
· Gerald Lofton – Warren, OH
Offense: Conspiracy to possess and distribute cocaine base; felon in possession of a firearm; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (June 18, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Maria Conchita Marino – West Point, NE
Offense: Conspiracy to distribute methamphetamine; Southern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (February 29, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Victor Matias, Jr. – Baraboo, WI
Offense: Conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine; knowingly and intentionally distribute cocaine (three counts); knowingly and intentionally possess with intent to distribute cocaine; Western District of Wisconsin
Sentence: 360 months' imprisonment; five years' supervised release (March 29, 2001); amended to 292 months' imprisonment (March 16, 2015)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Jerald McCullough – Altoona, PA
Offense: Possession with intent to distribute 50 grams or more of cocaine base; Western District of Pennsylvania
Sentence: 240 months' imprisonment; 10 years' supervised release (July 2, 2009)Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Lamont Alvin McElveen – Darlington, SC
Offense: Possession with intent to distribute 50 grams or more of cocaine base, commonly known as crack cocaine; District of South Carolina
Sentence: Life imprisonment; 10 years' supervised release (March 29, 2004)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Jimmy Phillip Medina – Ogden, UT
Offense: Possession with intent to distribute methamphetamine; District of Utah
Sentence: 240 months' imprisonment; 10 years' supervised release (April 27, 2005)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Joseph Mike – Charlotte, NC
Offense: Conspiracy to possess with intent to distribute cocaine; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (October 1, 2010)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Ricky Gene Minor – Niceville, FL
Offense: Attempt to manufacture methamphetamine; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (August 22, 2001)Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Arlana Doris Moore – Grand Falls, TX
Offense: Conspiracy to manufacture 50 grams or more of actual methamphetamine and possession of pseudoephedrine list I chemicals with intent to manufacture methamphetamine; Western District of Texas
Sentence: Life imprisonment; 10 years' supervised release (August 25, 2010)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Rodger Lee Moran – Des Moines, IA
Offense: Conspiracy to distribute at least 50 grams of actual methamphetamine; Southern District of Iowa
Sentence: Life imprisonment; 10 years' supervised release (June 25, 2009)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Krishna Mote – Montross, VA
Offense: Conspiracy to distribute and possess with intent to distribute in excess of 280 grams of cocaine base (crack) and in excess of 500 grams of cocaine; distribution and possession with intent to distribute cocaine base (crack), aid and abet; Middle District of Pennsylvania
Sentence: Life imprisonment; 10 years' supervised release (May 15, 2013)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Robert Lee Nickens – Front Royal, VA
Offense: Conspiracy to distribute more than 50 grams of crack cocaine; Western District of Virginia
Sentence: 262 months' imprisonment; seven years' supervised release; $500 fine (March 31, 2005)Commutation Grant: Prison sentence commuted to expire on November 5, 2016.
· Tesmone Darin Paschal – Maryville, TN
Offense: Possession with intent to distribute 50 grams or more of cocaine base; aided and abetted in the possession of a firearm by a convicted felon; Eastern District of Tennessee
Sentence: 300 months' imprisonment; 10 years' supervised release (April 2, 2007)Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Randy Patterson – Dalton, GA
Offense: Conspiracy to distribute 500 grams or more of methamphetamine mixture; Eastern District of Tennessee
Sentence: 262 months' imprisonment; 10 years' supervised release (November 3, 2003)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Karl Eugene Peacock – Bossier City, LA
Offense: Conspiracy to violate 21 U.S.C. § 841(a)(1); possession of a firearm in furtherance of drug trafficking; Western District of Louisiana
Sentence: 241 months' imprisonment; five years' supervised release (May 13, 2005); amended to 240 months' imprisonment (November 1, 2014)Commutation Grant: Prison sentence commuted to a term of 217 months' imprisonment.
· Raul Perez – Miami, FL
Offense: Conspiracy to possess with intent to distribute cocaine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (September 27, 2001)Commutation Grant: Prison sentence commuted to a term of 292 months' imprisonment.
· Jerry Pirtle – Springfield, IL
Offense: Distribution of 50 or more grams of cocaine base (crack); Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (May 5, 2008)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Ronald Pirtle – Bronx, NY
Offense: Conspiracy to possess with intent to distribute cocaine base (incorrectly listed on the judgment as cocaine); District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (December 22, 2004)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Cornelius D. Porter – Mount Rainer, MD
Offense: Felon in possession of a firearm and ammunition; possession with intent to distribute cocaine; possession with intent to distribute more than five grams of cocaine base; District of Maryland
Sentence: 360 months' imprisonment; eight years' supervised release (December 9, 2002)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Derrick Drake Price – Midland, TX
Offense: 1. Conspiracy to distribute more than 5 grams of cocaine base; WesternDistrict of Texas
2. Violation of supervised release (possession with intent to distribute cocaine base); Western District of Texas
Sentence: 1. 188 months' imprisonment; five years’ supervised release (October 25,
2004)
2. 60 months' imprisonment (consecutive) (October 25, 2004)
Commutation Grant: Prison sentence commuted to a term of 211 months' imprisonment, conditioned upon enrollment in residential drug treatment.
· John Purcell – Philadelphia, PA
Offense: Conspiracy to distribute and manufacture methamphetamine; manufacturing methamphetamine, aiding and abetting; Eastern District of Pennsylvania
Sentence: 240 months' imprisonment; 10 years' supervised release (May 16, 2007)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Jason Rakel – Shreveport, LA
Offense: Conspiracy to violate 21 U.S.C. § 841(a)(1); Western District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (February 22, 2006)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Ronald Lee Razz – West Palm Beach, FL
Offense: Maintaining a drug-involved premises; possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute five grams or more of cocaine base; Southern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (April 14, 2006)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Andre Lefell Reese – San Angelo, TX
Offense: Conspiracy to possess with intent to distribute and distribution of 50 grams or more of cocaine base and aiding and abetting; distribution of less than five grams of cocaine base within 1,000 feet of public elementary school and aiding and abetting; possession with intent to distribute more than 50 grams of cocaine base within 1,000 feet of public elementary school and aiding and abetting; Northern District of Texas
Sentence: Life imprisonment; 10 years' supervised release (May 1, 1998)Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.
· Jose Ramon Rivas – Philadelphia, PA
Offense: Conspiracy to distribute cocaine base ("crack"); Eastern District of Pennsylvania
Sentence: 240 months' imprisonment; 10 years' supervised release (June 22, 2005)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Chris Robinson – Winchester, TN
Offense: Conspiracy to distribute five kilograms or more of cocaine hydrochloride; use of a communication device (two counts); Eastern District of Tennessee
Sentence: Life imprisonment; eight years' supervised release (April 5, 2007)Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Kevin Dwayne Rodgers – Big Spring, TX
Offense: Conspiracy to possess with intent to distribute 50 grams or more of methamphetamine; Western District of Texas
Sentence: 240 months' imprisonment; 10 years' supervised release (October 23, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Eduardo Rodriguez-Velez – Mayaguez, PR
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; District of Puerto Rico
Sentence: Life imprisonment; 10 years' supervised release (October 31, 2007)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Dameon Russell – Saginaw, MI
Offense: 1. Supervised release violation (Possession with intent to distributecocaine base); Eastern District of Michigan
2. Conspiracy to possess with intent to distribute five grams or more of cocaine base; possession with intent to distribute five grams or more of cocaine base; distribution of cocaine base (four counts); Eastern District of Michigan
Sentence: 1. 30 months' imprisonment; eight years’ supervised release (October 14,
2010)
2. 292 months' imprisonment (concurrent); (December 15, 2010); amended to 210 months' imprisonment; six years' supervised release (January 24, 2013)
Commutation Grant: Prison sentence commuted to a term of 168 months' imprisonment.
· Jose Elias Salinas – Houston, TX
Offense: Conspiracy to possess with intent to distribute 500 grams or more of a mixture of methamphetamine, 5 kilograms or more of cocaine, and 100 grams or more but less than one kilogram of heroin; Eastern District of Texas
Sentence: 180 months' imprisonment; five years' supervised release (October 13, 2010)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Russell Charles Seidel – Mandan, ND
Offense: Conspiracy to possess with intent to distribute and distribute a controlled substance, aiding and abetting; District of North Dakota
Sentence: Life imprisonment; 120 months' supervised release (June 28, 2011)Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Eugene Durst Self – Odessa, TX
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine base; Western District of Texas
Sentence: Life imprisonment; 10 years' supervised release (October 29, 2009)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Frank Lavelle Sharpe – Pinetta, FL
Offense: Distribution of cocaine base (four counts); Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (January 14, 1999)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Bart Ellis Shoupe – San Antonio, TX
Offense: Conspiracy to possess with intent to distribute marijuana; Western District of Texas
Sentence: 235 months' imprisonment; 10 years' supervised release (June 20, 2003)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Kenny Siepker – Carroll, IA
Offense: Conspiracy to distribute 500 grams or more of methamphetamine mixture; unlawful drug user in possession of a firearm; possession with intent to distribute methamphetamine while on pretrial release; Northern District of Iowa
Sentence: 372 months' imprisonment; 10 years' supervised release (October 11, 2002)Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.
· Christopher Alan Simmons – Moline, IL
Offense: Conspiracy to distribute crack cocaine; possession with intent to distribute crack cocaine; Central District of Illinois
Sentence: Life imprisonment; 10 years' supervised release (August 7, 2009)Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Kamal Sims – Evansville, IN
Offense: Conspiracy to distribute 50 grams or more of cocaine base (mixture); Southern District of Indiana
Sentence: 240 months' imprisonment; 10 years' supervised release (December 18, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· James Harold Smith – Waynesboro, VA
Offense: Conspiracy to distribute methamphetamine; possession of a firearm in furtherance of a drug trafficking crime (two counts); Western District of Virginia
Sentence: 411 months' imprisonment; five years' supervised release (November 2, 2006)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Alan Jerome Spears – Cleveland, OH
Offense: Possession with the intent to distribute and distribution of cocaine base (crack); possession with the intent to distribute cocaine base (crack); Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (January 15, 2002)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Lamarcus Walthugh Stilling – Seffner, FL
Offense: Possession with intent to distribute five grams or more of cocaine base; Middle District of Florida
Sentence: 188 months' imprisonment; eight years' supervised release (March 6, 2009)Commutation Grant: Prison sentence commuted to a term of 168 months' imprisonment.
· Charles E. Stokes – Gifford, FL
Offense: Possession with intent to distribute cocaine base; Southern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (June 3, 1996)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· James A. Stone – Detroit, MI
Offense: Conspiracy to possess with intent to distribute in excess of 50 grams of cocaine base; possession with intent to distribute in excess of 50 grams of cocaine base; possession with intent to distribute cocaine base, and aiding and abetting; Eastern District of Kentucky
Sentence: Life imprisonment (June 23, 2000)Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Ausby Stowers – St. Paul, MN
Offense: Possession with intent to distribute cocaine base; District of Minnesota
Sentence: 262 months' imprisonment; 10 years' supervised release (April 19, 2002)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Shane Alan Taylor – Colorado Springs, CO
Offense: Conspiracy to manufacture methamphetamine; District of Utah
Sentence: 240 months' imprisonment; five years' supervised release; $3,039.03 restitution (April 26, 2005)Commutation Grant: Prison sentence commuted to expire on October 6, 2018 and unpaid balance of restitution obligation remitted, conditioned upon enrollment in residential drug treatment.
· Chip J.W. Teague – Sallisaw, OK
Offense: Possess with intent to distribute methamphetamine; possession of firearm moved in interstate commerce (three counts); possession of firearm during drug trafficking crime (two counts); possess with intent to distribute methamphetamine; manufacture methamphetamine (two counts); maintain place for manufacture of methamphetamine; Eastern District of Oklahoma
Sentence: 495 months' imprisonment; five years' supervised release (May 25, 2000)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Lawrence Kemp Tennille – Detroit, MI
Offense: Conspiracy with intent to possess with intent to distribute in excess of 50 grams of a mixture or substance containing detectable amount of cocaine base, a Schedule II controlled substance; Eastern District of Kentucky
Sentence: Life imprisonment (September 12, 1997)Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Wilfredo Vasquez – New Port Richey, FL
Offense: 1. Conspiracy to possess with intent to distribute five kilograms or more ofcocaine; possession with intent to distribute five kilograms or more of cocaine; Middle District of Florida
2. Supervised release violation (conspiracy to import narcotics); Middle District of Florida
Sentence: 1. Life imprisonment (February 19, 2002)
2. 27 months' imprisonment (consecutive) (March 7, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Manuel Viera – Miami, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine hydrochloride; Middle District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release (August 21, 2009)Commutation Grant: Prison sentence commuted to a term of 120 months' imprisonment.
· Shannon Alexander Washington – Lexington, KY
Offense: Possession with intent to distribute cocaine base; carrying firearm and ammunition during and in relation to drug trafficking crime; Eastern District of Kentucky
Sentence: Life plus 60 months' imprisonment; 10 years' supervised release (September 28, 2007); amended to 240 months' imprisonment (October 6, 2008)Commutation Grant: Prison sentence commuted to expire on October 6, 2018, conditioned upon enrollment in residential drug treatment.
· Henry Lee White – Orlando, FL
Offense: Possession with intent to distribute cocaine base; using and carrying a firearm during and relation to a drug trafficking crime; Middle District of Florida
Sentence: 420 months' imprisonment; five years' supervised release (October 21, 1998); amended to 340 months’ imprisonment (May 18, 1999)Commutation Grant: Prison sentence commuted to expire on February 3, 2017.
· Charles M. Woolsey – West Baden Springs, IN
Offense: Possession of 500 grams or more of methamphetamine (mixture); possession with intent to distribute cocaine; possession of marijuana; possession of a firearm in furtherance of drug trafficking; prohibited person in possession of a firearm; Southern District of Indiana
Sentence: 300 months’ imprisonment; 10 years' supervised release (October 27, 2006); amended to life imprisonment (October 21, 2008)Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.
Pine Ridge Man Sentenced for Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder was sentenced on October 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Terry Goings III, a/k/a Baby T, age 23, was sentenced to 210 months’ custody, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Goings pleaded guilty to the charge on April 29, 2016. The charge related to Goings and others striking the victim with a cinder block, kicking the victim in the head and face, beating the victim with a stick, and striking the victim in the back of his head with a machete on July 12, 2015. The cause of death was multiple blunt trauma injuries to the head, including a skull fracture and hemorrhaging.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Goings was immediately returned to the custody of the U.S. Marshals Service.
Parkersburg man headed to federal prison for heroin crimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison today for a drug crime, announced United States Attorney Carol Casto. Lawrence Matthew Garner, 34, previously pleaded guilty to possession with intent to distribute heroin. In today’s hearing, he was sentenced to two years and nine months for that offense. He was also sentenced to an additional two years in prison for violating his federal supervised release. The sentences will be served consecutively.
Garner admitted that on July 16, 2015, he was arrested by members of the South Charleston Police Department for delivery of a controlled substance. During a search incident to arrest, officers found over 37 grams of heroin in Garner’s possession.
The case against Garner was investigated by the South Charleston Police Department. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. United States District Judge Thomas E. Johnston imposed the sentence.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
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Owner of Los Angeles Medical Supply Company Sentenced to 60 Months in Prison for Multimillion-Dollar Medicare Fraud SchemeRead the Press Release
A Los Angeles man who was the owner of a medical supply company was sentenced to 60 months in prison for his role in a scheme that fraudulently billed more than $4 million to Medicare.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, Assistant Director in Charge Deirdre L. Fike of the FBI’s Los Angeles Field Office and Special Agent in Charge Christian Schrank of the U.S. Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Los Angeles Region made the announcement.
Valery Bogomolny, 44, was convicted of six counts of health care fraud following a jury trial on Nov. 6, 2015, before U.S. District Court Judge S. James Otero of the Central District of California. In addition to the prison sentence, Judge Otero ordered Bogomolny to pay $1,266,860.03 in restitution.
According to evidence presented at trial, between January 2006 and October 2009, Bogomolny used his company, Royal Medical Supply, to bill Medicare $4 million for power wheelchairs (PWCs), back braces and knee braces that were medically unnecessary, not provided to beneficiaries or both. The evidence further showed that Bogomolny created false documentation to support his false billing claims, including creating fake reports of home assessments that never occurred. PWCs were delivered to beneficiaries who were able to walk without assistance and Bogomolny signed documents stating that he had delivered equipment when, in fact, the equipment was not actually delivered.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Central District of California. Fraud Section Trial Attorneys Ritesh Srivastava and Claire Yan are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 2,900 defendants who collectively have billed the Medicare program for over $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Owner of Los Angeles Medical Supply Company Sentenced to 5 Years in Federal Prison for Multimillion-Dollar Medicare Fraud SchemeRead the Press Release
LOS ANGELES – A West Los Angeles man who was the owner of a medical supply company has been sentenced to five years in federal prison for his role in a scheme that fraudulently billed more than $4 million to Medicare.
Valery Bogomolny, 44, of Westwood, was sentenced yesterday by United States District Judge S. James Otero, who also ordered the defendant to pay $1,266,860 in restitution.
The sentencing of Bogomolny was announced today by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; United States Attorney Eileen M. Decker; Assistant Director in Charge Deirdre L. Fike of the FBI’s Los Angeles Field Office; and Special Agent in Charge Christian Schrank of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Los Angeles Region.
Bogomolny was found guilty by a federal jury in November 2015 of six counts of health care fraud. According to evidence presented at trial, between January 2006 and October 2009, Bogomolny used his company, Royal Medical Supply in the Beverly Grove district of Los Angeles, to bill Medicare $4 million for power wheelchairs, back braces and knee braces that were medically unnecessary, not provided to beneficiaries or both.
The evidence further showed that Bogomolny created false documentation to support his false billing claims, including creating fake reports of home assessments that never occurred. Power wheelchairs were delivered to beneficiaries who were able to walk without assistance. In other cases, Bogomolny signed documents stating that he had delivered equipment when, in fact, the equipment was not actually delivered.
“Royal Medical Supply was a complete fraud,” said United States Attorney Eileen M. Decker. “Many purported patients lived over 100 miles away from the storefront, most of the prescriptions were issued under the names of doctors either associated with or the victims of fraud, and most of the patients never received the equipment paid for by Medicare. Mr. Bogomolny supervised this scheme victimizing U.S. taxpayers, warranting this significant sentence.”
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Central District of California. DOJ Fraud Section Trial Attorneys Ritesh Srivastava and Claire Yan prosecuted the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, which now operates in nine cities across the country, has charged over 2,900 defendants who collectively have billed the Medicare program for more than $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
New Haven Man Pleads Guilty to Distributing Fentanyl-Laced Cocaine Involved in Overdose DeathRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that EMETH SOLOMAN, 43, of New Haven, waived his right to be indicted and pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of possession with intent to distribute, and distribution of, cocaine. The charge stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on June 23, 2016, 17 individuals in New Haven overdosed after consuming narcotics. Three of the victims died. An investigation conducted by the DEA and New Haven Police Department revealed that many or all of the victims believed the substance they were consuming was cocaine. However, DEA laboratory testing indicated the cocaine was laced with fentanyl, a powerful opioid that can be at least 50 times more powerful than heroin.
The investigation revealed that SOLOMAN purchased a quantity of the fentanyl-laced cocaine from his supplier, Frank Pina. SOLOMAN intended to, and did, in fact, consume some of the cocaine and sold the remainder to his niece for her consumption. SOLOMAN’s niece overdosed and died.
When questioned by federal law enforcement officers shortly after the overdose death of his niece, SOLOMAN intentionally provided false information concerning his knowledge of Pina’s drug trafficking activities and his involvement in his niece’s overdose death. SOLOMAN’s false statements during an ongoing public health crisis significantly impeded law enforcement’s investigation and efforts to ensure that the lethal cocaine/fentanyl mixture was removed from circulation on the streets of New Haven.
Judge Shea scheduled sentencing for January 16, 2017, at which time SOLOMAN faces a maximum term of imprisonment of 20 years.
Pina was arrested on June 27, 2016. On August 4, 2016, he pleaded guilty to one count of possession with intent to distribute, and distribution of, controlled substances. He is scheduled to be sentenced on October 31, 2016.
This investigation is being conducted by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and the New Haven Police Department. The Tactical Diversion Squad includes members from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe, Fairfield and Manchester Police Departments, and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Avi M. Perry.
New Hampshire Man Pleads Guilty to $2.25 Million Internet Steroids DistributionRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a New Hampshire man, who formerly lived in Kansas City, Mo., pleaded guilty in federal court today to his role in a $2.25 million conspiracy to sell anabolic steroids over the Internet.
Michael G. Peters, 28, of Pelham, N.H., pleaded guilty before U.S. Chief District Judge Greg Kays to participating in a conspiracy to manufacture and distribute anabolic steroids and to a conspiracy to commit money laundering.
By pleading guilty today, Peters admitted that he and co-conspirators operated an Internet-based company, Power Trip, which sold various anabolic steroids to customers throughout the United States.
Peters became involved in the steroids and money-laundering conspiracies in June 2012. Initially his role was primarily to collect the illegal drug proceeds from customers who were required to pay via MoneyGram and Western Union, and also later via debit cards. Conspirators used stolen identities to produce or obtain debit cards, such as Green Dot MoneyPak, MyVanilla, ReloadIT, NetSpend ReloadIT and BlackHawk. They required their customers to send payments to these cards in order to conceal and disguise the proceeds of the illegal transactions.
Peters became more involved in purchasing supplies and assisting in the steroid manufacturing process, as well as handling online customer orders and shipping steroids to customers. Peters further acted in recruiting others to obtain their means of identification, which was used to produce various access devices that would be used to obtain the illegal drug proceeds.
In late summer 2013, Peters relocated the operation to the Kansas City, Mo., area, but relocated to North Carolina in the fall of 2014 in an effort to avoid detection of the operation.
Peters was arrested on Dec. 23, 2014, in a residence in North Carolina that was being used to manufacture and distribute illegal anabolic steroids. Peters was in possession of anabolic steroids (Oxandrolone and Methandrostenolone, Schedule III controlled substances). Also in the residence were firearms, numerous unauthorized debit cards, several vials with PowerTrip labels, a PowerTrip customer list, sheets of PowerTrip labels and various steroid product shipping labels. Peters also had a notebook that contained a handwritten recipe for the manufacture of several anabolic steroids offered for sale by PowerTrip.
During the conspiracy, Peters personally sent more than $3,000 in drug proceeds to China via Western Union and MoneyGram. Conspirators sent a total of approximately $200,000 in drug proceeds to China to purchase additional raw materials to manufacture anabolic steroids.
According to today’s plea agreement, a reasonable conservative estimate of the dosage units of anabolic steroids which were reasonably foreseeable to Peters is over 60,000 dosage units of Testosterone Propionate, Halotestin, and other anabolic steroids. This estimate is based upon the ingredients and amounts indicated in the steroid recipe notebook recovered when Peters was arrested in North Carolina.
Utilizing the least expensive raw ingredients for the manufactured finished product (Testosterone Propionate), and utilizing the known dollar amount of raw ingredients purchased by Peters and other conspirators (approximately $200,000, less shipping costs), would yield nearly 1 million grams of raw materials that could manufacture approximately 90,000 vials (approximately 900,000 dosage units based upon a 10 – 100mg dosage unit per vial). PowerTrip sold this product for $25 per vial, which results in a conservative estimate of gross proceeds of at least $2.25 million in sales.
Under federal statutes, Peters is subject to a sentence of up to 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
Peters must forfeit to the government $2.25 million, which was derived from the proceeds of the illegal drug trafficking.
This case is being prosecuted by Assistant U.S. Attorney Jess E. Michaelsen. It was investigated by the U.S. Postal Inspection Service and the Drug Enforcement Administration.
Nashville Woman Sentenced for Aggravated Identity Theft and Former Metro Nashville Police Officer Sentenced for Unauthorized Use of Police ComputerRead the Press Release
Lakenya Anderson, 37 of Nashville, Tennessee, was sentenced today by Chief U.S. District Court Judge Kevin H. Sharpe, to serve 12 months and one day in prison, to be followed by one year of supervised release, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Anderson was also ordered to pay restitution of $4,000.00 to the IRS.
On July 1, 2016, Anderson pleaded guilty to one count of a 16-count indictment filed on December 9, 2015, charging her and co-defendant, Mackovis Peebles, Jr., with conspiracy to commit wire fraud, filing false claims and aggravated identity theft. As part of the plea agreement, Anderson admitted that on March 7, 2012, she asked Mackovis Peebles, an officer with the Metropolitan Nashville Police Department (MNPD), to obtain the social security numbers of her mother and her father so that she could file income tax returns in their names. On or about March 7, 2012, Peebles used a MNPD issued computer to search for information on Anderson's mother and father. After the search, he provided the social security numbers for both individuals to Anderson without any legitimate law enforcement purpose.
On March 8, 2012, Anderson used the social security numbers and birth dates of her parents that were provided to her by Peebles to file tax returns with the IRS for the tax year 2011, in the names of Anderson's parents, falsely claiming a refund was due to each of them in the amount of $1,000. Anderson received the refund from the IRS claimed for her mother in the form of a bank card. The refund claimed for her father was eventually received in the form of a check which Anderson cashed, keeping part of the money for herself.
Anderson also filed tax returns for the tax year 2011 in the names of two other individuals, that she knew, one of whom was living and one who she knew was deceased in 2010, falsely claiming a refund was due to each of them in the amount of $1,000. Anderson received one refund in the form of a check that was cashed for her by Peebles and one in the form of a bank card. Anderson received at least $1,000 in IRS tax refunds to which she was not entitled.
None of the four individuals whose names Anderson used to file the tax returns above gave her permission to file the returns, and none was entitled to the refund claimed on the returns she filed. When Anderson was confronted by law enforcement officers, she admitted that she asked Peebles to run her parents' names in his police computer to get information she could use to file the tax returns.
On May 17, 2016, Peebles pleaded guilty to one count of a Superseding Information charging him with computer fraud, specifically exceeding authorized access. Peebles admitted that, as a Metro Nashville Police officer, he was trained, tested and certified in the use of the National Crime Information Center (NCIC) system which is a data base that includes a wide range of personal information about individuals. Based on this training and certification, Peebles was allowed to access the NCIC system for legitimate law enforcement purposes.
Peebles admitted that he accessed personal information of Anderson’s parents and provided their social security numbers to Anderson without any legitimate law enforcement purpose in order to maintain his personal relationship with Anderson. On August 22, 2016, Peebles was sentenced to 2 years of probation and ordered to pay a fine of $2,000.00.
This investigation was conducted by IRS-Criminal Investigation, the Federal Bureau of Investigation, the Tennessee Bureau of Investigation, and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Jimmie Lynn Ramsaur represented the government.
McLaughlin Man Charged with Aggravated AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Maurice Thundershield, age 22, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on October 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 5, 2016, Thundershield aided and abetted in the assault of another individual with a bat, causing serious bodily injury.
The charge is merely an accusation and Thundershield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Thundershield was released on bond pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Leonard Red Horse, age 32, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on October 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 5, 2016, Red Horse assaulted another individual with a bat, causing serious bodily injury.
The charge is merely an accusation and Red Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Red Horse was temporarily remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Manhattan U.S. Attorney to Host Education Forums on Opioid Abuse EpidemicRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that he, along with representatives from the Drug Enforcement Administration (“DEA”), the medical field, and representatives from the community, will host a number of education forums to discuss how best to confront the epidemic of opioid abuse that is ravaging so many of our communities, and the federal government’s response.
Manhattan U.S. Attorney Preet Bharara said: “Close to 80 Americans die every day from opioid abuse. Indeed, more people die from drug overdoses now than automobile accidents or guns. This growing epidemic is everywhere – in our cities, our suburbs and our rural communities. This problem will not be solved by prosecutions alone, although law enforcement certainly must play its part. All of us – law enforcement, pharmaceutical companies, schools and parents – must work together to combat the scourge of opioid abuse. And that effort starts with education. That is why, over the coming weeks, I will be holding education forums in communities throughout our District to discuss this evolving challenge and will be talking about how our Office, the DEA, and others can help.”
Since 2000, the rate of deaths from drug overdoses has increased 137 percent, including a 200 percent increase in the rate of overdose deaths involving opioids (prescription opioid pain relievers and heroin). Drug overdoses are the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes and deaths from firearms. Each day, 78 Americans die of an opioid overdose. This increase mirrors large increases in heroin use across the country and has been shown to be closely tied to opioid pain reliever misuse and dependence. Past misuse of prescription opioids is the strongest risk factor for heroin initiation and use, specifically among persons who report past-year dependence or abuse. The increased availability of heroin, combined with its relatively low price (compared with diverted prescription opioids) and high purity, are major drivers of the upward trend in heroin use and overdose.[1]
Mr. Bharara will host the first educational forum on Thursday, October 20, 2016, from 6:30 p.m. to 8:00 p.m. at New York University School of Law. Parents, teachers, medical professionals, and members of the public are encouraged to attend to learn more about the urgent challenge of opioid addiction. Attendees are encouraged to RSVP here.
A second forum will be held Thursday, December 1, 2016, at Pace Law School in White Plains, New York, and a third forum will be held Thursday, December 8, 2016, at Fordham University in the Bronx, New York. Details concerning these forums will be available on our website www.justice.gov/usao-sdny.
[1] http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6450a3.htm
Manatee County Man Sentenced to More Than Four Years for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – United States District Judge Virginia Covington today sentenced Ledale Johnson (51, Bradenton) to four years and three months in federal prison on charges relating to tax refund fraud and identity theft. He also was ordered to pay restitution in the amount of $57,415 to the Internal Revenue Service.
According to the plea agreement and court documents, Johnson conspired with others in a scheme involving the filing of false tax returns that generated tax refunds, which were then downloaded onto prepaid debit cards in other people’s names, including deceased individuals. On several dates from October 2011 through March 2012, Johnson possessed and used unauthorized and counterfeit debit cards that had been loaded with fraudulent tax refunds. Funds from these fraudulent tax returns were withdrawn by Johnson at local ATMs, used to purchase money orders, or otherwise spent at local merchants on personal items. On two separate occasions, Johnson was found to be in possession of numerous fraudulent cards during traffic stops by law enforcement.
Attempts were made to file fraudulent income tax returns seeking refunds of more than $250,000, with nearly $58,000 obtained in fraudulent tax refunds.
This case was investigated by the Manatee County Sheriff’s Office, the Bradenton Police Department, and the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen. This case is part of an ongoing initiative dedicated to combating the growing problem of identity theft and the fraudulent filing of electronic tax claims.
Las Cruces Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Donnail Lee Bailey, Jr., 29, of Las Cruces, N.M., pled guilty yesterday in federal court to violating the federal firearms laws without the benefit of a plea agreement.
Bailey was arrested on June 18, 2016, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on April 1, 2016, in Dona Ana County, N.M.
During yesterday’s proceedings, Bailey pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition. Bailey was prohibited from possessing firearms or ammunition on April 1, 2016, because of his previous felony convictions for robbery and possession of a controlled substance.
At sentencing, Bailey faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.
Justice Department Awards $7 Million to Improve Responses to Violence, Including Officer ShootingsRead the Press Release
Attorney General Loretta E. Lynch today announced that the Office for Victims of Crime (OVC) in the Office of Justice Programs (OJP) awarded $7 million to help communities respond to high profile violence, including shootings that involve law enforcement officers. The award, made to the International Association of Chiefs of Police (IACP) in collaboration with the National Association for the Advancement of Colored People (NAACP) and the Yale School of Medicine, will help cities develop strategies to defuse tension and promote healing following events that cause collective community trauma.
“Violence does not occur in a vacuum,” said Attorney General Loretta E. Lynch. “It has a powerful effect on the psyche of an entire community, stirring painful emotions and raising difficult tensions. The Department of Justice is determined to stand with our citizen and law enforcement partners as they grapple with the aftermath of painful incidents. As part of that commitment, these vital grants will help communities acknowledge the effects of violence, address collective trauma, and promote unity and healing where it is needed most.”
The grant, awarded by OVC as part of its Vision 21 Initiative, will provide resources to law enforcement agencies to develop, implement and assess preventive and responsive trauma-informed interventions intended to promote community engagement and address the consequences of violent acts, including shootings of and by law enforcement officers. The IACP and its partners, in consultation with OVC, will select up to six demonstration sites to create and test evidence-based models. They will also provide training and technical assistance to the sites and recruit and train a rapid response team that will be deployed to help law enforcement agencies and communities in the wake of a crisis. The rapid response team comprises consultants and subject matter experts from law enforcement departments, victim assistance organizations and mental health agencies.
This award strengthens the Department of Justice’s commitment to building bridges of trust between communities and the agencies that serve them. Vision 21 is designed to marshal data, research and technology to help criminal justice agencies and victim service organizations meet both the long-standing and emerging challenges facing crime victims in the United States. The initiative is central to OJP’s efforts to improve the effectiveness of the justice system and heighten confidence in the system’s operations.
Justice Department Announces Statewide Investigation into Conditions in Alabama’s Prisons for MenRead the Press Release
WASHINGTON – The Justice Department announced today that it has opened a statewide investigation into the conditions in Alabama’s prisons for men. The investigation will focus on whether prisoners are adequately protected from physical harm and sexual abuse at the hands of other prisoners; whether prisoners are adequately protected from use of excessive force and staff sexual abuse by correctional officers; and whether the prisons provide sanitary, secure and safe living conditions.
“The Constitution requires that prisons provide humane conditions of confinement,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We hope to work cooperatively with the state of Alabama in conducting our inquiry and ensuring that the state’s facilities keep prisoners safe from harm.”
“Our obligation is to protect the civil rights of all citizens, including those who are incarcerated,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama. “This investigation provides us with an opportunity to work collaboratively with the state of Alabama to assess current conditions and ensure constitutionally sufficient conditions exist for all prisoners.”
“The vulnerability of a prisoner makes it even more important that basic hygiene and safe accommodations are afforded the inmates,” said U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.
“I am very pleased to have my office join the Northern and Middle Districts of Alabama as well as the Civil Rights Division in opening an investigation into the Alabama prison system,” said U.S. Attorney Kenyen R. Brown of the Southern District of Alabama. “All citizens, even those who are incarcerated, should expect sanitary conditions of habitation that are free of physical harm and sexual abuse.”
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate violations of prisoners’ constitutional rights that result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Alabama are conducting this investigation. Individuals with relevant information are encouraged to contact the department via phone at (205) 244-2001 or by email at [email protected].
Justice Department Announces Statewide Investigation into Conditions in Alabama’s Prisons for MenRead the Press Release
The Justice Department announced today that it has opened a statewide investigation into the conditions in Alabama’s prisons for men. The investigation will focus on whether prisoners are adequately protected from physical harm and sexual abuse at the hands of other prisoners; whether prisoners are adequately protected from use of excessive force and staff sexual abuse by correctional officers; and whether the prisons provide sanitary, secure and safe living conditions.
“The Constitution requires that prisons provide humane conditions of confinement,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We hope to work cooperatively with the state of Alabama in conducting our inquiry and ensuring that the state’s facilities keep prisoners safe from harm.”
“Our obligation is to protect the civil rights of all citizens, including those who are incarcerated,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama. “This investigation provides us with an opportunity to work collaboratively with the state of Alabama to assess current conditions and ensure constitutionally sufficient conditions exist for all prisoners.”
“The vulnerability of a prisoner makes it even more important that basic hygiene and safe accommodations are afforded the inmates,” said U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.
“I am very pleased to have my office join the Northern and Middle Districts of Alabama as well as the Civil Rights Division in opening an investigation into the Alabama prison system,” said U.S. Attorney Kenyen R. Brown of the Southern District of Alabama. “All citizens, even those who are incarcerated, should expect sanitary conditions of habitation that are free of physical harm and sexual abuse.”
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate violations of prisoners’ constitutional rights that result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Alabama are conducting this investigation. Individuals with relevant information are encouraged to contact the department via phone at (205) 244-2001 or by email at [email protected].
Justice Department Announces Statewide Investigation into Conditions in Alabama’s Prisons for MenRead the Press Release
The Justice Department announced today that it has opened a statewide investigation into the conditions in Alabama’s prisons for men. The investigation will focus on whether prisoners are adequately protected from physical harm and sexual abuse at the hands of other prisoners; whether prisoners are adequately protected from use of excessive force and staff sexual abuse by correctional officers; and whether the prisons provide sanitary, secure and safe living conditions.
“The Constitution requires that prisons provide humane conditions of confinement,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We hope to work cooperatively with the state of Alabama in conducting our inquiry and ensuring that the state’s facilities keep prisoners safe from harm.”
“Our obligation is to protect the civil rights of all citizens, including those who are incarcerated,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama. “This investigation provides us with an opportunity to work collaboratively with the state of Alabama to assess current conditions and ensure constitutionally sufficient conditions exist for all prisoners.”
“The vulnerability of a prisoner makes it even more important that basic hygiene and safe accommodations are afforded the inmates,” said U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.
“I am very pleased to have my office join the Northern and Middle Districts of Alabama as well as the Civil Rights Division in opening an investigation into the Alabama prison system,” said U.S. Attorney Kenyen R. Brown of the Southern District of Alabama. “All citizens, even those who are incarcerated, should expect sanitary conditions of habitation that are free of physical harm and sexual abuse.”
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate violations of prisoners’ constitutional rights that result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Alabama are conducting this investigation. Individuals with relevant information are encouraged to contact the department via phone at (205) 244-2001 or by email at [email protected]
Justice Department Announces Statewide Investigation into Conditions in Alabama's Prisons for MenRead the Press Release
The Justice Department announced today that it has opened a statewide investigation into the conditions in Alabama’s prisons for men. The investigation will focus on whether prisoners are adequately protected from physical harm and sexual abuse at the hands of other prisoners; whether prisoners are adequately protected from use of excessive force and staff sexual abuse by correctional officers; and whether the prisons provide sanitary, secure and safe living conditions.
“The Constitution requires that prisons provide humane conditions of confinement,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We hope to work cooperatively with the state of Alabama in conducting our inquiry and ensuring that the state’s facilities keep prisoners safe from harm.”
“Our obligation is to protect the civil rights of all citizens, including those who are incarcerated,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama. “This investigation provides us with an opportunity to work collaboratively with the state of Alabama to assess current conditions and ensure constitutionally sufficient conditions exist for all prisoners.”
“The vulnerability of a prisoner makes it even more important that basic hygiene and safe accommodations are afforded the inmates,” said U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.
“I am very pleased to have my office join the Northern and Middle Districts of Alabama as well as the Civil Rights Division in opening an investigation into the Alabama prison system,” said U.S. Attorney Kenyen R. Brown of the Southern District of Alabama. “All citizens, even those who are incarcerated, should expect sanitary conditions of habitation that are free of physical harm and sexual abuse.”
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate violations of prisoners’ constitutional rights that result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Alabama are conducting this investigation. Individuals with relevant information are encouraged to contact the department via phone at (205) 244-2001 or by email at [email protected].
Judge Sentences Pittsburgh Man for Role in Cross-Country Cocaine Trafficking RingRead the Press Release
PITTSBURGH - A Pittsburgh resident has been sentenced in federal court to 18 months’ imprisonment on his conviction of conspiracy to distribute cocaine, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Kelvin Whittle, 58.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Kelvin Whittle was intercepted over the wire conspiring with others to possess with intent to distribute and distribute cocaine, which was shipped from California to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Whittle.
Judge Sentences Munhall to Almost 4 Years in Prison for Conspiring to Distribute HeroinRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 46 months’ imprisonment on his conviction of conspiracy to distribute heroin, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on William Blair, 35, of Munhall, Pa.
According to information presented to the court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, William Blair was intercepted over the wire conspiring with others to possess with intent to distribute and distribute heroin, which the conspirators obtained in Cleveland, Ohio, and transported to the Western District of Pennsylvania for further distribution.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Blair.
Jacksonville Man Sentenced for Heroin Distribution and Firearm OffensesRead the Press Release
NEW BERN – The United States Attorney’s Office announced that yesterday in federal court, United States District Judge Louise W. Flanagan sentenced JUAN RAMIREZ-MARTINEZ, a/k/a Panda, 28, a legal resident of Mexico living in Jacksonville, to 128 months imprisonment, followed by 3 years of supervised release.
RAMIREZ-MARTINEZ was named in a seven-count Indictment filed on March 16, 2016. On May 11, 2016, RAMIREZ-MARTINEZ pled guilty to four counts, including Conspiracy to Possess With Intent to Distribute a Quantity of Heroin; Possession With Intent to Distribute a Quantity of Heroin; Possession of a Firearm by an Illegal Alien; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
During the investigation, multiple controlled purchases and seizures of heroin were conducted from the conspirators with the use of confidential informants (CI’s). Based on these controlled purchases and information regarding trips taken by RAMIREZ-MARTINEZ to resupply, the defendant is accountable for at least 308 grams of heroin. He is also considered to have possessed a firearm in connection with his drug trafficking activities.
Investigation of this case was conducted by the Jacksonville Police Department, Onslow County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Laura Howard represented the government.
Israeli Owner of Mall Kiosk Businesses Pleads Guilty to Immigration and Money Laundering ChargesRead the Press Release
NEWPORT NEWS, Va. – Eyal Katz, 38, of Israel, pleaded guilty today to charges related to his role in an immigration fraud and money laundering scheme.
According to the statement of facts filed with the plea agreement, Katz, operating from an office in Tel Aviv, Israel, would identify, recruit and send foreign nationals from Israel to the United States on B-2 visitor visas. Once those foreign nationals were in the United States, they would be sent to work for one of several business entities, known collectively as RASKO; a mall-based kiosk business in Virginia, Georgia, Pennsylvania and New Jersey through which they sold Dead Sea Salt products. Katz and co-conspirators would provide housing and transportation to the foreign nationals. From 2011 through the present, the conspirators, led by Omer Gur in the United States and Katz in Israel, recruited over 140 foreign nationals from Israel to work at the kiosks, in violation of the workers’ B-2 visitor visa status. From 2012 through 2014, RASKO received over $14 million through its kiosk based sales. Several million dollars from these sales were then routed to Israel based accounts, including accounts controlled by Katz, and spent on lodging, travel, kiosk rentals and other expenses of the scheme. To date, nine of the ten charged defendants in the case have been arrested. Katz is the ninth defendant to plead guilty.
Katz was indicted by a federal grand jury on February 10, and was arrested in Romania and extradited to the United States in June. Katz faces a maximum penalty of 25 years in prison when sentenced on Jan. 17, 2017. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Robin Blake, Special Agent in Charge of the Washington, D.C. Regional Office, U.S. Department of Labor, Office of Inspector General; and Jonathan F. Trimble, Acting Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after the plea was accepted by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Brian J. Samuels, Lisa R. McKeel and Kevin Hudson are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:116-cr-17.
Hobbs Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Enrique Miramontes, 42, of Hobbs, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Miramontes was arrested on June 8, 2016, and was charged by criminal complaint with possession of methamphetamine with intent to distribute and possession of firearms in furtherance of a drug trafficking crime. According to the complaint, on June 7, 2016, in Lea County, N.M., law enforcement officers executed a search warrant at Miramontes’ residence in Hobbs, and seized approximately 462 grams of methamphetamine, two firearms and ammunition.
During yesterday’s proceedings, Miramontes pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Miramontes admitted that on June 7, 2016, law enforcement officers, who were executing a search warrant at his residence, found methamphetamine in a shed at his residence. Miramontes further admitted that he intended to sell the methamphetamine.
At sentencing, Miramontes faces a maximum penalty of 20 years in prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of Homeland Security Investigations and the Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Greensburg Man Charged with Making and Using Fake U.S. Secret Service CredentialsRead the Press Release
PITTSBURGH – A resident of Greensburg, Pa., has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy to produce false identification documents, use of a false U.S. Secret Service badge, and an unauthorized use of the U.S. Secret Service seal on a fake U.S. Secret Service identification card, United States Attorney David J. Hickton announced today.
The three-count indictment, returned on October 4, named Christopher Diiorio, 53, of Greensburg, PA.
According to the indictment, Christopher Diiorio conspired with others to produce false United States Secret Service identification cards. He also misrepresented that he was an agent of the United States Secret Service, possessed, and displayed an imitation United States Secret Service badge to a hotel manager in order to obtain the government rate for a hotel stay. Finally, he misrepresented that he was an agent of the United States Secret Service and displayed the false United States Secret Service identification card during an encounter with a local police officer.
The law provides for a maximum total sentence of twenty years and six months in prison, a fine of $505,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul E. Hull is prosecuting this case on behalf of the government.
The United States Secret Service conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Glenn County Sheriff's Office Detective Receives U.S. Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
SACRAMENTO, Calif. – Today, at a ceremony in Washington, DC, Attorney General Loretta Lynch presented Detective Greg Felton of the Glenn County Sheriff's Office the U.S. Attorney General’s Award for Distinguished Service in Community Policing for field operations, Acting U.S. Attorney Phillip A. Talbert announced.
Detective Felton is being recognized for his work in field operations. He works with multiple agencies to strengthen collaboration and integrate services while handling complex criminal investigations. During the past year, Detective Felton has been a driving force and team leader in the creation of the Glenn County System-wide Mental Health Assessment and Response Team, a collaborative multiagency team that responds to incidents such as school or community threats, suicidal behavior, and bullying. His ability to remain calm in any situation helps to quickly resolve a crisis situation.
The Attorney General’s Award for Distinguished Service in Community Policing recognizes individual state, local, or tribal sworn police officers and deputies for exceptional efforts in community policing. The winning officer or deputy and/or deputies have demonstrated active engagement with the community in one of three areas: 1) Innovations in Community Policing; 2) Criminal Investigations; or 3) Field Operations.
Acting U.S. Attorney Talbert stated: “We are pleased that the work of Detective Felton has been recognized nationally as part of National Community Policing Week. Community policing encourages collaboration between law enforcement agencies and community members to improve public trust and safety. It uses all parties’ shared interest in safe neighborhoods as the foundation for deeper understanding, mutual respect, and closer partnership. Detective Felton exemplifies the core principles of community policing.”
Ft. Thompson Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.
Lucas Paul Evans, a/k/a Abdul Evans, a/k/a Lucas Harrison, a/k/a Abdul Salom Harrison, a/k/a Abubarker Harrison, a/k/a Abubarker Shabazz Evans, age 29, was sentenced to 94 months in custody, 4 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Crime Victims Fund.
Evans was indicted by a federal grand jury on April 19, 2016, for Conspiracy to Distribute a Controlled Substance. He pled guilty to Conspiracy to Distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, on July 19, 2016.
Prior to sentencing, Evans admitted to distributing over 396 grams of methamphetamine in and around the Crow Creek Sioux Indian Reservation in South Dakota. Evans admitted making thirteen trips from Ft. Thompson to Utah to obtain methamphetamine for distribution in South Dakota, each time bringing back an ounce (28.3 grams) of methamphetamine. He purchased each ounce for $800, and would sell it in South Dakota for $300-$350 per 3.54 grams, or for over $8,400 an ounce. Evans stated that he primarily distributed to two individuals on the reservation and estimated he earned $3,000 per month while distributing drugs. Other interviews conducted by law enforcement corroborated Evans’ admissions.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Evans was immediately turned over to the custody of the U.S. Marshals Service.
Former Springfield Man Sentenced for Defacing Islamic Center, Burning Qur'anRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Springfield, Mo., man was sentenced in federal court today for violating the civil rights of others by leading a conspiracy to deface The Islamic Center of Springfield with graffiti and burn two copies of the Qur’an.
Adam David Smock, 24, of Edgewater, Calif., formerly of Springfield, was sentenced by U.S. District Judge Roseann Ketchmark five years’ probation with conditions of the probation to include 14 days’ incarceration, payment of $10,440 in restitution and performance of 40 hours of community service. Smock will meet with and personally apologize to the leadership of the Islamic Center of Springfield for his crime.
On Dec. 29, 2015, Smock pleaded guilty to participating in a conspiracy to oppress, threaten, and intimidate worshippers at the Islamic Center of Springfield in the free exercise and enjoyment of their Constitutional right to the free exercise of their religious beliefs.
Joshua Daniel Lobsien, 24, of Orland, Calif., formerly of Springfield, was sentenced on July 13, 2016, after pleading guilty to defacing religious property. The court sentenced Lobsien to five years of probation, including 20 hours of community service, and ordered him to pay $5,220 in restitution. If the Islamic Center of Springfield, or an Islamic Center located near Lobsien’s residence, is willing to have him perform his community service on its premises, then that is the location where Lobsien should perform his community service. Lobsien has personally apologized to the leadership of the Islamic Center of Springfield for his crime.
The Islamic Center of Springfield, 2151 E. Division St., provides services common to most religious establishments, including regular prayer service, a venue for individuals to pray on their own, community activities and a forum for charitable fund-raising.
Both Lobsien and Smock were 18 years old at the time of the offense. They admitted that, along with a 14-year-old minor, they spray-painted graffiti on the exterior walls of the Islamic Center of Springfield on Jan. 7, 2011. The graffiti included explicit and offensive language in addition to such statements as “Bash Back,” “Now is our time!” and “You bash us in Pakistan we bash here.”
Smock and Lobsien also admitted that on April 10, 2011, they partially burned two copies of the Qur’an (the Muslim holy book) and transported the Qur’ans to the Islamic Center of Springfield. Smock left the burned Qur’ans directly in front of the main doors to the Islamic Center, approximately 30 feet away from the building. Lobsien left a computer-printed note on the mat in front of the main doors. The note contained the image of a goat’s or ram’s head, and the following text:
“To: Sincere Followers of Allah,
“Today, we show the Muslim Nation that its oppressive religion won't go without a fight, not from soldiers, but from average citizens willing to fight for America – for there are three (sic) burned Qur'ans that lay spread in the driveway. For we grow tired of Anti-Zionism. The Islamification of Europe. Terroristic regimes. And worst of all, the membership of 1.5 billion Muslims that stain the earth. And we vow one thing: Islam will not survive.
“Death to Islam!”
Smock admitted that it was his idea to commit the acts and that he persuaded his co-conspirators to participate. He also admitted that he selected the Islamic Center of Springfield for vandalism because of the religious nature of the property, in order to threaten and intimidate worshippers, so as to hinder and interfere with the worshippers’ enjoyment of their Constitutional right to the free exercise of religion.
The total cost of restoration and repair of the damage to the Islamic Center of Springfield, including sandblasting and applying anti-graffiti paint, is $15,662
This case was prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the FBI and the Springfield, Mo., Police Department.
Former Purchasing Agent for the Jicarilla Apache Nation Sentenced for Federal Embezzlement ConvictionRead the Press Release
ALBUQUERQUE – The former purchasing agent for the Jicarilla Apache Nation was sentenced today in federal court in Albuquerque, N.M., to three years of probation and ordered to pay $5,000 in restitution for embezzling funds from the Jicarilla Apache Nation.
Vanessa Cohoe, now known as Vanessa Vicenti, 46, formerly of Dulce, N.M., was charged in an indictment filed on Dec. 17, 2015, with theft of funds belonging to the Jicarilla Apache Nation, an organization receiving more than $10,000 in federal funds. The indictment alleged that Cohoe committed the crime by embezzling approximately $23,039.23 from the Tribe between Dec. 2010 and May 2011. The indictment also charged Cohoe with embezzling more than $1000 in funds belonging to an Indian Tribal organization by using the Jicarilla Apache Nation’s credit card on eight separate occasions between Jan. 2011 and April 2011.
On May 17, 2016, Cohoe pled guilty to the theft charge, and admitted embezzling funds belonging to the Jicarilla Apache Nation. The plea agreement states that Cohoe committed the crime while employed as the purchasing agent for the Jicarilla Apache Nation, a position she held from Feb. 2007 through June 2011. In that capacity, Cohoe had access to and use of the Tribe’s Sam’s Club credit card for authorized purchases. From Jan. 2010 through May 2011, Cohoe made unauthorized purchases using the Tribe’s credit card for gift cards, alcohol, groceries, clothes and cosmetics for herself and her family. Cohoe concealed her embezzlement scheme by intercepting the credit card bills and modifying them before submitting them to the billing department for payment. Cohoe was suspended from her position in May 2011 and was terminated after a full investigation in June 2011.
This case was investigated by the Farmington office of the FBI. Assistant U.S. Attorney Kristopher N. Houghton prosecuted the case.
Former Pine Lawn Lieutenant Sentenced on Federal ChargesRead the Press Release
St. Louis, MO –Former Pine Lawn Lieutenant Steven Blakeney was sentenced to 51 months in prison on criminal civil rights charges arising from his arrest in 2013 of a candidate for the office of Mayor of the City of Pine Lawn.
According to testimony presented at trial, on March 31, 2013, Blakeney, while a police officer with the City of Pine Lawn Police Department, conspired with others to cause the arrest of a mayoral candidate based on false allegations and without probable cause. Blakeney ordered another person to falsely report that the mayoral candidate had stolen a campaign poster from a local business and then arranged for the candidate to be arrested.
Blakeney was convicted in January of one felony count of conspiracy against rights; one count of deprivation of rights under color of law and one count of falsification of records. He appeared today for sentencing before United States District Judge Stephen N. Limbaugh, Jr., who had the defendant remanded into the custody of United States Marshals.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Reginald Harris handled the case for the U.S. Attorney’s Office.
Former Iowa City Head Shop Owner Sentenced to 30 Years in Federal Prison for Selling Synthetic DrugsRead the Press Release
A man who owned and operated a head shop in Iowa City in 2014 was sentenced yesterday to 30 years in federal prison.
Robert Carl Sharp, age 37, from Peoria, Illinois, received the prison term after an October 5, 2015 guilty plea to three counts of possessing with intent to distribute and conspiring to manufacture and distribute a synthetic drug called AB‑FUBINACA.
Court documents reflect that in 2012, in Peoria, Illinois, Sharp began selling, and later manufacturing, smokeable synthetic cannabinoid products which are commonly known as “Spice,” “incense,” or K2. Sharp sold these products in packets that marketed the substances as incense, and contained a warning that the products were “not for human consumption,” although Sharp knew the products were actually intended for human consumption. The synthetic cannabinoids in these products were actually research chemicals that have not been tested or approved as safe for human consumption, and which have unpredictable short-term effects and unknown long-term effects on users.
Sharp eventually moved to Iowa and opened a head shop called Pipe Dreamz in downtown Iowa City. He employed another individual, Wayne Watkins, to manufacture synthetic cannabinoid products called “Gods of Aroma,” “Bizarro,” “AK-47 Cherry Popper,” “Bling Bling Monkey,” “Super Nova,” and “Darkness.” Sharp would order synthetic cannabinoid chemicals and also purchase bulk quantities of dried damiana leaves, a plant material that resembles dried marijuana. Watkins would dilute the synthetic cannabinoid chemical in acetone, and then spray the mixture on the damiana leaves. Watkins would then add some flavoring and package the substances into the various brands sold by Sharp.
On May 7, 2015, Sharp’s store, his house and storage unit in Center Point, along with Watkins’s house in Cedar Rapids, and the Pipe Dreamz store in Iowa City, were all searched by federal law enforcement. During the searches, officers seized thousands of synthetic cannabinoid products, including the sprayed-on plant variety and a liquid form of the synthetic cannabinoids that was designed for use in e‑cigarettes. Officers seized an active manufacturing lab in Watkins’s house.
At the plea hearing, Sharp stated he was told by the individuals from whom he purchased the substances that he was buying legal chemicals. He admitted at the plea hearing, however, that despite those statements from his suppliers, he believed there was a high probability that the substances he received and distributed were regulated by federal drug laws, but took deliberate actions to avoid learning of the true identity of the substances by not having them tested by a laboratory.
Sharp was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sharp was sentenced to 360 months’ imprisonment. A special assessment of $300 was imposed. Sharp was also ordered to pay forfeiture of $200,000 that represented proceeds of his drug dealing. He must also serve a 3‑year term of supervised release after the prison term. There is no parole in the federal system. Watkins was previously sentenced to 115 months’ imprisonment.
The investigation of Sharp and raids of his business, home, and other related locations in May 2014 were a part of a coordinated DEA takedown called Project Synergy Phase II. The second phase of Project Synergy, which began January 2014, culminated on May 7, 2014, in 29 states, and involved more than 45 DEA offices serving nearly 200 search warrants. On that date, authorities seized hundreds of thousands of individually packaged, ready-to-sell synthetic drugs as well as hundreds of kilograms of raw synthetic products to make thousands more. Additionally, more than $20 million in cash and assets were seized.
Sharp is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Iowa City Police Department and as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services; and the Internal Revenue Service. The case was prosecuted by Assistant United States Attorney Dan Chatham.
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-31-1-LRR.
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Former Hospital Orderly Sentenced to Prison for Aggravated Identity TheftRead the Press Release
LITTLE ROCK—Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, Special Agent in Charge Diane Upchurch, of the Little Rock Field Office for the Federal Bureau of Investigations (FBI), and Tracey D. Montaño, Special Agent in Charge of the Internal Revenue Service (IRS) Criminal Investigation Division announced today that United States District Judge Kristine G. Baker sentenced Sir John Ashley Holliday, 28, of Dallas, Texas, to two years in federal prison for aggravated identity theft and theft of government funds, and ordered him to pay $13,191 in restitution to the Internal Revenue Service. Holliday was also ordered to serve three years of supervised release.
Holliday was formerly employed as an orderly at the Arkansas State Hospital, a Little Rock psychiatric facility. At his change of plea hearing before Judge Baker on May 19, 2016, Holliday admitted that he stole patient names and social security numbers that he obtained during his employment at the State Hospital.
Holliday used the stolen information to file fraudulent federal income tax returns in the patients’ names which claimed refunds on wages never actually earned. Holliday then obtained refunds from the fraudulent returns in the form of debit cards totaling $13,191, which he later spent as his own.
Holliday pleaded guilty to aggravated identity theft and theft of government funds. The FBI, IRS–Criminal Investigation Division, and United States Secret Service investigated this matter. Assistant United States Attorney Alexander D. Morgan prosecuted the case for the United States.
Former Hospital Employee Indicted on Federal Charges Involving Forged Prescriptions for OxycodoneRead the Press Release
WASHINGTON – Sherrell Washington, 30, a former hospital employee, was indicted today on federal charges alleging that she forged prescriptions taken from her workplace to obtain oxycodone, announced U.S. Attorney Channing D. Phillips, Karl C. Colder, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA), and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Washington, of Washington, D.C., was indicted by a grand jury in the U.S. District Court for the District of Columbia on eight counts of distribution of oxycodone and eight counts of obtaining a controlled substance by fraud. She will be arraigned at a later date.
According to the government’s evidence, at the time of the conduct alleged in the indictment, Washington was an administrative assistant at Medstar Georgetown University Hospital. She is accused of forging and filling prescriptions for oxycodone in eight separate instances, from April 20 through June 13, 2016, involving a total of 600 pills. Washington allegedly forged the prescriptions by using a blank pad belonging to a nurse-practitioner.
Washington was arrested on Aug. 12, 2016, and initially was charged in the Superior Court of the District of Columbia. She pleaded not guilty in that case, which will now be dismissed as the matter is moved to U.S. District Court.
Opioids historically have been used as painkillers, but they also have great potential for misuse. Repeated use of opioids greatly increases the risk of developing an opioid use disorder. While these medicines have a legitimate medical use for alleviating pain, they are in such great demand that opioids and heroin are now the number one drug threat to our region and to the nation. The Justice Department is taking a three-fold approach to the epidemic: 1) prevent further tragedies by raising awareness regarding the opioid and heroin epidemic; 2) focus on enforcement priorities and highlight best practices; and 3) deploy resources for treatment.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Phillips, Special Agent in Charge Colder, and Interim Chief Newsham commended the work of those who investigated the case from the DEA and MPD. They also acknowledged the work of Assistant U.S. Attorney Jillian Willis, who handled the Superior Court matter, and Assistant U.S. Attorneys Jamila Hodge and Vincent W. Caputy, who are prosecuting the federal charges.
Federal Indictment Charges Four Conspirators in Fraudulent Credit Card SchemeRead the Press Release
Greenbelt, Maryland – A federal grand jury has indicted Hussain Abdullah, age 39 of Forestville, Maryland; Shazad Khan, age 56, of Maryland; Patricia Lynn Hiter, age 50, of Lawrenceville, Georgia: and James Edward Foster, age 60, of Woodbridge, Virginia, on charges related to a scheme to use victims’ stolen identity information to obtain credit. The conspirators allegedly used the fraudulent credit cards to obtain money and merchandise. The indictment was returned on August 17, 2016, and unsealed today.
Hiter and Foster are scheduled to have their initial appearances in U.S. District Court in Greenbelt today at 3:45 p.m. Abdullah had his initial appearance on Monday and was detained pending a detention hearing on Friday, October 7, 2016 at 2:30 p.m. Khan is currently serving a state sentence on unrelated charges and will have his initial appearance at a later date.
The indictments were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Brian J. Ebert of the United States Secret Service – Washington, D.C. Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to the indictment, Abdullah obtained and helped obtain the personal identifying information (PII) of others, without their knowledge or consent. The indictment alleges that from October 2014 through July 2016, Abdullah, Khan, Hiter, Foster and their co-conspirators, including Bland Shivers, used this information to create fake driver’s licenses in the names of the victims. Khan, Hiter, Foster, Shivers and others then allegedly used the driver’s licenses to apply for credit at retail stores, and used the credit cards they obtained to purchase merchandise and gift cards worth over $135,000. Prosecutors have stated that they believe there are at least 33 victims of the scheme, including nine victims specifically mentioned in the indictment - seven that were residents of Montgomery County, Maryland, and two that were residents of Washington, D.C.
If convicted, the defendants face a maximum sentence of 30 years in prison for wire fraud conspiracy, and a mandatory two years in prison, consecutive to any other sentence imposed, for aggravated identity theft.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Bland Shivers, age 50, of New Bern, North Carolina, previously pleaded guilty to the wire fraud conspiracy and aggravated identity theft and is awaiting sentencing.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the U.S. Secret Service National Capitol Region Multi-Agency Task Force, the Montgomery County Police Department and Prince George’s County Police Department for their investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Leah J. Bressack and Arun Rao, who are prosecuting the case.
Federal Grand Jury Indicts Pharmacist and Others for Scheme to Sell Stolen HIV MedicationRead the Press Release
BATON ROUGE, LA – United States Attorney Walt Green announced that, in September, a federal grand jury returned a sealed Indictment against ALVIN WATTS, III, age 35, of Addis, Louisiana, TROY TAYLOR, 35, of White Castle, Louisiana, BRODERICK “CHRIS” LANDRY, 37 of White Castle, Louisiana, and FRANCIS “FRANK” ASIEDU DEBRAH, 38 of Waldorf, Maryland. The first count in the Indictment charges all four individuals with conspiracy to possess, transport, and traffic in embezzled pre-retail medical products, and to transport stolen property in interstate commerce, in violation of Title 18, United States Code, Section 371.
The Indictment alleges that these four individuals participated in a scheme to unlawfully enrich themselves by, among other things, trafficking in and transporting HIV pharmaceutical drugs that had been stolen from the Washington, D.C. Department of Health Pharmacy Warehouse where DEBRAH worked. The Indictment alleges that DEBRAH and another individual not named in the Indictment, stole HIV medication from the Washington, D.C. Department of Health Pharmacy Warehouse, and then sold the drugs to WATTS who operated a pharmacy called “Doc Your Dose” in Gross Tete, Louisiana. The Indictment alleges that WATTS sent TAYLOR and LANDRY to Washington, D.C. as couriers to purchase the stolen prescription drugs for cash. The Indictment further alleges that once TAYLOR and LANDRY returned the stolen prescription drugs to Louisiana, WATTS sold them to customers of his pharmacy.
In addition to the conspiracy count, the Indictment also charges all four men with trafficking in embezzled pre-retail medical products, in violation of Title 18, United States Code, Section 670, and charges WATTS, TAYLOR, and LANDRY with transporting stolen goods in interstate commerce, in violation of Title 18, United States Code, Section 2314. Finally, the Indictment charges WATTS with one count of receipt, possession, or sale of stolen property, in violation of Title 18 United States Code, Section 2315. The Indictment also includes a forfeiture allegation related to proceeds of the offenses.
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the U.S. Food and Drug Administration’s Office of Criminal Investigations, with assistance from other FDA components, and the Louisiana State Attorney General’s Office Medicaid Fraud Control Unit. The matter is being prosecuted by Assistant United States Attorneys Peter Smyczek and Kevin Sanchez.
NOTE: An Indictment is an accusation by the Grand Jury. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Fairfield Man Indicted on Drug and Gun ChargesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Wesley Keith Smith, 33, of Fairfield, charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Fairfield City police officers executed a search warrant on a car used by Smith and found methamphetamine in a satchel located in the trunk, along with a digital scale, cash, clear plastic baggies, and two firearms. Officers also executed a search at a residence in Fairfield where Smith was known to reside and found an additional firearm and narcotics distribution paraphernalia. Smith has previously been convicted of an offense that makes it unlawful for him to possess firearms.
This case is the product of an investigation by the Fairfield Police Department and the FBI Vallejo County Violent Crimes Task Force. Assistant United States Attorney Owen Roth is prosecuting the case.
If convicted, Smith faces a mandatory minimum sentence of 10 years, a maximum statutory penalty of life in prison and a $10,250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Energy Company Employee Indicted on Fraud and Tax ChargesRead the Press Release
PITTSBURGH – A resident of Waynesburg, Pa., has been indicted by a federal grand jury in Pittsburgh on charges of wire fraud, mail fraud, impeding and obstructing the Internal Revenue Laws, and income tax evasion, United States Attorney David J. Hickton announced today.
The seven-count indictment, returned on October 4, named Kevin C. Conklin, 54, as the sole defendant.
According to the Indictment, Conklin was employed by Mountain Energy Company, Ltd., an energy company headquartered in Aleppo Pennsylvania that operated oil and natural gas wells in the Western District of Pennsylvania. As part of his employment, Conklin oversaw the day-to-day operations of Mountain Energy and managed the financial matters of Mountain Energy.
From January 2008 through December 2012, Conklin engaged in a scheme to defraud Mountain Energy and fraudulently obtained hundreds of thousands of dollars of Mountain Energy’s funds. As part of the fraudulent scheme, Conklin used checks drawn on Mountain Energy’s business bank account to pay for personal expenses, including payments for Conklin' s home, personal credit card bills, college tuition for his daughter, an engagement ring for his son and automobile payments for a personal vehicle. Conklin falsely recorded in the financial database of Mountain Energy, the payee information and purpose of the Mountain Energy’s checks used by Conklin for his personal expenses. As part of the scheme, Conklin concealed from Mountain Energy’s tax preparer and the Internal Revenue Service, the expenditure of Mountain Energy’s funds to pay for his personal expenses.
Conklin faces a maximum sentence of 20 years imprisonment and a fine of $250,000 for each of the two counts charging him with wire fraud and mail fraud, a maximum sentence of three years imprisonment and a fine of $250,000 for the count charging him with impeding and obstructing the Internal Revenue Service, and a maximum sentence of five years imprisonment and a fine of $250,000 for each of the four counts charging him with income tax evasion. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Elkhart Woman Sentenced to Prison for Mail Fraud Scheme Involving over $1.6 Million in LossRead the Press Release
DES MOINES, IA – On October 6, 2016, Andrea G. Baker, 50, of Eklhart, Iowa, appeared before the Honorable Rebecca Goodgame Ebinger and was sentenced to 27 months of imprisonment for mail fraud, announced United States Attorney Kevin E. VanderSchel. Baker was also ordered to serve three years of supervised release following her term of imprisonment and was ordered to pay $1,656,583.11 in restitution.
Baker pled guilty to one count of mail fraud on June 2, 2016. From around July 2000 until August 2014, Baker served as treasurer for the Ames Chi Omega Alumnae Association ("Chi Omega"). Over the course of fourteen years, she utilized her position as treasurer to engage in a scheme to use funds from Chi Omega for her personal benefit. This included mailing checks from Chi Omega’s account to pay for personal credit card expenses, depositing Chi Omega funds into personal bank accounts, and obtaining United States currency from Chi Omega’s account for her personal use. To conceal her misconduct, Baker made materially false entries and material omissions in Chi Omega’s financial records. Over the course of the fourteen-year period, Baker fraudulently received $1,656,583.11 in funds from Chi Omega.
This matter was investigated by the Federal Bureau of Investigation, with the cooperation of the Ames Chi Omega Alumnae Association. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Eagle Butte Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Sexual Contact With a Minor was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.
Jasyn Curley, age 21, was sentenced to 12 months in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Curley was indicted by a federal grand jury on December 8, 2015, for Sexual Contact With a Person Incapable of Consent and Sexual Contact With a Minor. He pled guilty to Sexual Contact With a Minor on July 19, 2016.
On July 15, 2015, the victim, who was between 12 and 16 years of age, began drinking alcohol with Curley and another friend. She did not know Curley prior to that time. The victim drank to the point she became incapacitated. When the victim’s father returned home from work he found Curley in a bed with the victim, who was passed out. He went to call the police. When the father returned to the bedroom, he saw Curley was leaned over the victim with his hand down her pants, while she was still passed out. The victim’s father told Curley to stop, but he did not do so.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Curley was immediately turned over to the custody of the U.S. Marshals Service.