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28 November 2016
Frederick Drug Dealer Sentenced to 10 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Jonathan Robert Blackman, age 32, of Frederick, Maryland, today to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute and possess with intent to distribute heroin, powder and crack cocaine, and marijuana; and possession with intent to distribute heroin, cocaine and marijuana. Judge Bennett also entered an order requiring Blackman to forfeit $63,571, and a 12 gauge shotgun with an obliterated serial number.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Frederick County Sheriff Charles A. “Chuck” Jenkins.
According to Blackman’s plea agreement, law enforcement began an investigation into a drug conspiracy involving the distribution of heroin and other drugs in Frederick County and the Baltimore Metropolitan area. The investigation revealed that Blackman was a member of the drug trafficking organization. Evidence revealed numerous calls and texts in which Blackman coordinated drug sales in and around the Frederick area. Law enforcement subsequently executed a search warrant at Blackman’s residence and recovered: $63,571 in cash; 300.5 grams of heroin; 16.4 grams of cocaine; and 976 grams of marijuana.
Blackman admitted that the amount of heroin reasonably foreseeable to him in, and in furtherance of, this conspiracy amounts to between one and three kilograms of heroin.
United States Attorney Rod J. Rosenstein praised HSI-Baltimore and the Frederick County Sheriff’s Office Narcotics Task Force. Mr. Rosenstein thanked Assistant United States Attorney Jason D. Medinger, who is prosecuting this Organized Crime Drug Enforcement Task Force case.
Four more defendants plead guilty in multistate drug conspiracyRead the Press Release
HUNTINGTON, W.Va. – Four additional defendants who participated in a multistate drug ring pleaded guilty today to various federal drug charges, announced United States Attorney Carol Casto. Atari Seantay Brown, 39, entered his guilty plea to distribution of heroin. Sean Lee Braggs, 26, entered his guilty plea to conspiracy to distribute heroin. Deandra Sheen Jones, 41, entered her guilty plea to conspiracy to distribute heroin and crack. Samuel E. Nelson, III, 37, entered his guilty plea to possession with intent to distribute heroin.
From the summer of 2014 to May 2016, Brown helped lead a conspiracy to distribute large quantities of drugs in the Huntington area, including heroin and crack. During the conspiracy, Brown arranged for the transportation of large quantities heroin and cocaine from Michigan to the Huntington area. Agents were able to make numerous controlled purchases of heroin from Brown and others during the investigation. Brown admitted at his hearing that, on September 2, 2016, a confidential informant working at the direction of the Drug Enforcement Administration contacted him to arrange for the purchase of heroin. Brown met with the informant at an apartment located at 333 14th Street in Huntington which the group used to store and distribute drugs. Inside the apartment, Brown sold approximately 10 grams of heroin to the informant in exchange for $1,200. Brown also admitted that he possessed firearms during the conspiracy, that he maintained the 14th Street apartment to distribute drugs, and that he served as a leader of the conspiracy.
Braggs admitted that he assisted Brown and others by conducting distributions of heroin in the Huntington area, by transporting drugs from Michigan to Huntington, and by transporting money from Huntington to Michigan. On April 18, 2016, Braggs was traveling from Huntington to Michigan when his vehicle broke down in Ohio. Brown arranged for a tow truck to tow the vehicle to Michigan. Agents surveilling Brown and Braggs contacted members of the Ohio Highway Patrol and a trooper subsequently conducted a traffic stop of the tow truck in northern Ohio. Agents discovered that Braggs’ vehicle contained a hidden compartment behind the rear seat which could be accessed through electronic controls. Agents discovered $181,490 in cash concealed in the hidden compartment which Braggs admitted constituted proceeds from drug sales in the Huntington area.
Jones admitted that she assisted Brown by transporting cocaine from Michigan concealed in a rental vehicle. Jones admitted that she also transported cash from Huntington to Michigan and helped Brown acquire additional quantities of heroin in Michigan. On March 26, 2016, Jones arranged for Brown to receive approximately 100 grams of heroin which Brown distributed to Nelson. On April 30, 2016, Jones transported approximately 1 kilogram of cocaine to Huntington at Brown’s direction. The cocaine was concealed in the spare tire of a rental vehicle Jones was driving and Jones was aware Brown intended to convert the cocaine to crack for distribution.
Nelson admitted that he acquired large quantities of heroin from Brown which Nelson transported to the Louisville, Kentucky area for distribution. On April 18, 2016, Nelson traveled from Louisville to acquire heroin from Brown at the 14th Street apartment. Agents observed Nelson meet with Brown and a trooper with the West Virginia State Police subsequently conducted a traffic stop of Nelson’s vehicle as he traveled on 16th Street Road toward Interstate 64 to return to Louisville. Agents searched Nelson’s vehicle and discovered approximately 130 grams of heroin concealed in the dashboard of the vehicle.
On May 18, 2016, after a federal grand jury returned an indictment, agents executed arrest warrants and search warrants at eight residences in Detroit, Michigan, Proctorville, Ohio, and Huntington. During the searches, agents seized large quantities of heroin, cocaine, crack, and marijuana, an additional $120,531 in cash, and a total of 41 firearms.
All four defendants face up to 20 years in federal prison and are each scheduled to be sentenced on March 6, 2017.
These prosecutions arose out of a long-term investigation led by the Drug Enforcement Administration, with assistance from the West Virginia State Police, the Putnam County Sheriff’s Department, the Huntington Police Department, the Huntington FBI Drug Task Force, the Ohio Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service, which resulted in charging 12 defendants for offenses related to the distribution of heroin, crack, marijuana and alprazolam in Huntington.
Six defendants have previously pleaded guilty for their roles in this drug ring. Matthew Michael Meadows, Arthur James Canada, Tanisha Lynette Wooding, Parker Wyatt Mays, Corey Bruce Toney and Roy Bills have all pleaded guilty to federal drug charges and are awaiting sentencing.
Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. The plea hearings were held before Chief United States District Judge Robert C. Chambers.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
Former Rocky Hill Resident Admits Stealing Social Security BenefitsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARYANNE STEPHENS, 68, of Ireland, formerly of Rocky Hill, Conn., pleaded guilty today before Chief U.S. District Judge Janet C. Hall in New Haven to one count of theft of public money for stealing Social Security retirement benefits that had been deposited into her deceased mother-in-law’s bank account.
According to court documents and statements made in court, STEPHENS’ mother-in-law began receiving Social Security retirement benefits in 1971. Her mother-in-law died in October 1998. However, approximately $204,000 in Social Security retirement benefits were directly deposited into her mother-in-law’s bank account after her death.
In pleading guilty, STEPHENS admitted that, from approximately March 2004 to December 2010, she forged her mother-in-law’s signature on bank checks in order to fraudulently obtain approximately $126,000 in Social Security retirement benefits that were deposited into her mother-in-law’s bank account after her mother-in-law had died.
Chief Judge Hall scheduled sentencing for February 28, 2017, at which time STEPHENS faces a maximum term of imprisonment of 10 years, a fine of up to $250,000 and restitution in the amount of $125,938.
STEPHENS surrendered her passport and has been released on a $200,000 bond since her arrest on April 20, 2016.
This matter is being investigated by the Social Security Administration Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
Former Lewiston Man Pleads Guilty to Crack ConspiracyRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Lamar Young, 29, formerly of Lewiston, Maine, pled guilty today in U.S. District Court to conspiring to distribute and possess with intent to distribute 28 grams or more of cocaine base, commonly known as “crack.”
According to court records, in late 2012 and early 2013, Young and other conspirators acquired crack and cocaine powder from suppliers in Massachusetts, brought it to Maine, turned the powder into crack as necessary, packaged it for distribution, and sold it out of an apartment in Lewiston to customers in that area.
Young faces between five and 40 years in prison, a $5,000,000 fine and at least four years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Lewiston Police Department; and the Maine Drug Enforcement Agency.
Former Healthcare Employee Sentenced to Prison for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Montgomery, Alabama – A Montgomery woman was sentenced today to 26 months in prison for her involvement in a stolen identity refund fraud scheme, announced U.S. Attorney George L. Beck Jr. of the Middle District of Alabama, and Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to court documents, Alana Wells worked at a healthcare company where she had access to patient information protected from disclosure under the Health Insurance Portability and Accountability Act of 1996. Wells admitted that she stole the names, dates of birth, and social security numbers of patients from her employer’s database and provided these identities to co-conspirator Fredrick Hill. Hill then provided the stolen personal identification information to another co-conspirator, Christopher Davis, who, along with others, used the information to file fraudulent federal tax returns seeking refunds with the Internal Revenue Service (IRS).
Wells pleaded guilty in July 2016 to conspiracy to commit wire fraud and identity theft and to one count of aggravated identity theft. In addition to the term of prison imposed, Wells was ordered to serve three years of supervised release and to pay restitution to the IRS in the amount of $225,081.
U.S. Attorney Beck and Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jason H. Poole and Kathryn A. Kimball of the Tax Division and Assistant U.S. Attorney Jonathan S. Ross of the Middle District of Alabama, who are prosecuting this case.
Former Healthcare Employee Sentenced to Prison for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
A Montgomery, Alabama woman was sentenced today to 26 months in prison for her involvement in a stolen identity refund fraud scheme, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney George L. Beck Jr. of the Middle District of Alabama.
According to court documents, Alana Wells worked at a healthcare company where she had access to patient information protected from disclosure under the Health Insurance Portability and Accountability Act of 1996. Wells admitted that she stole the names, dates of birth and social security numbers of patients from her employer’s database and provided these identities to co-conspirator Fredrick Hill. Hill then provided the stolen personal identification information to another co-conspirator, Christopher Davis, who, along with others, used the information to file fraudulent federal tax returns seeking refunds with the Internal Revenue Service (IRS).
Wells pleaded guilty in July 2016 to conspiracy to commit wire fraud and identity theft and to one count of aggravated identity theft. In addition to the term of prison imposed, Wells was ordered to serve three years of supervised release and to pay restitution to the IRS in the amount of $225,081.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Beck commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jason H. Poole and Kathryn A. Kimball of the Tax Division and Assistant U.S. Attorney Jonathan S. Ross of the Middle District of Alabama, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Florida Man Pleads Guilty to Making Illegal Campaign Contributions for the 2012 U.S. Presidential ElectionRead the Press Release
A Windermere, Florida, man pleaded guilty today to illegally making political contributions in the names of others to a presidential candidate’s primary campaign committee, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Thomas E. Delahanty II of the District of Maine.
Michael A. Liberty, 56, pleaded guilty to one count of making political contributions in the names of others before U.S. District Judge D. Brock Hornby of the District of Maine.
According to admissions made in connection with his guilty plea, between May and June 2011, Liberty made $22,500 in primary contributions through nine employees, associates and family members to the principal campaign committee of a candidate for President of the United States, when, in fact, Liberty paid for all of the contributions.
The FBI investigated the case. Trial Attorney Ryan J. Ellersick of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald E. Clark of the District of Maine are prosecuting the case.
Florida Man Pleads Guilty to Making Illegal Campaign Contributions for the 2012 U.S. Presidential ElectionRead the Press Release
Contact: Donald E. Clark
Assistant United States Attorney
Tel: (207) 780-3257
Ryan J. Ellersick, Trial Attorney
Public Integrity Section
Department of Justice
Tel: (202) 514-2007Portland, Maine: United States Attorney Thomas E. Delahanty II and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, announced that Michael A. Liberty, 56, of Windermere, Florida pled guilty today in U.S. District Court to illegally making political contributions in the names of others to a presidential candidate’s primary campaign committee.
According to admissions made in connection with his guilty plea, between May and June 2011, Liberty made $22,500 in primary contributions through nine employees, associates and family members to the principal campaign committee of a candidate for President of the United States, when, in fact, Liberty paid for all of the contributions.
The defendant faces up to 2 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation.
Felon in Possession of A Firearm Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Anthony Odell Lee, 33, of Millry, Alabama, was sentenced in federal court this morning for his illegal possession of a firearm after having been convicted of a prior felony offense. In September of 2016, Lee pled guilty to the charge.
United States District Court Judge William H. Steele imposed a sentence of 30 months’ imprisonment in Lee’s case, and ordered that he served a three-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Lee will be subject to testing and treatment for drug abuse. Judge Steele also ordered that Lee pay $100 in special mandatory assessments.
The case was investigated by the Choctaw County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
District Man Sentenced to 10 Years in Prison for Pair of Armed Robberies in Northeast WashingtonRead the Press Release
WASHINGTON – Jamah Harris, 25, of Washington, D.C., was sentenced today to a 10-year prison term on charges involving a pair of armed robberies that he committed the same night in Northeast Washington, announced U.S. Attorney Channing D. Phillips.
Harris was found guilty in August 2016 by a jury in the Superior Court of the District of Columbia of two counts of armed robbery and two counts of possession of a firearm during a crime of violence. He was sentenced by the Honorable Zoe Bush. After his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, the robberies took place on Aug. 25, 2014. In the first incident, at approximately 8:10 p.m., the victim, a retired electrician who has lived his entire life in Washington D.C., was robbed at gunpoint outside his home on Bladensburg Road NE. Harris and an accomplice approached the man and demanded he empty his pockets. Scared for his life, he gave up his wallet and cash.
The second robbery took place less than 10 minutes later. This victim, a mechanic who runs a car repair shop, was robbed at gunpoint outside his business on Evarts Road NE. The victim reported that a 1997/1998 Mercedes Benz E32 had pulled up just past his shop. Harris and his accomplice got out of the Mercedes, pointed what appeared to be a shotgun and a small handgun at the victim’s face, and demanded his money. The victim gave Harris his money.
After Harris and his accomplice returned to their Mercedes, one of them dropped a wallet just before driving away. That wallet was later identified as the first victim’s wallet. Additionally, the entire second incident was captured on surveillance video, and evidence showed that the defendant’s 1997 Mercedes E32 was in the area of the robberies.
After the defendant was identified as the perpetrator, Metropolitan Police Department (MOD) detectives located Harris on Sept. 16, 2014, and attempted to stop him. Harris fled in his Mercedes and officers chased him to the Bladensburg, Md., Waterfront, where Prince George’s County, Md, police officers apprehended him after he jumped into the Anacostia River. A weapon similar to the description provided by the two victims was recovered from Harris’s house during the execution of a search warrant. Harris’s accomplice has not been apprehended.
In announcing the sentence, U.S. Attorney Phillips praised the work of those who investigated the case from the Metropolitan Police Department and the Prince George’s County Police Department. He also commended the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Jennifer Kerkhoff, Kimberley Nielsen, Jeffrey Nestler, and Stephen Rickard; Elizabeth Trosman, Chief of the Appellate Division; Paralegal Specialists Zoe Antwi and Tiffany Fogle, and Litigation Technology Specialist Kimberly Smith. Finally, he commended the work of Assistant U.S. Attorneys Richard Barker and J. Matt Williams, who prosecuted the case, and Nebiyu Feleke, who indicted the case.
District Man Pleads Guilty to Federal Narcotics ChargeRead the Press Release
WASHINGTON – Azeik Keys, 39, of Washington, D.C., pled guilty today to a federal narcotics offense stemming from a law enforcement search that uncovered drugs in a safe kept in his residence, announced U.S. Attorney Channing D. Phillips and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Keys pled guilty in the U.S. District Court for the District of Columbia to a charge of possession with intent to distribute cocaine. The charge carries a statutory maximum of 20 years in prison. Under federal sentencing guidelines, Keys faces a likely range of 46 to 57 months in prison. The plea agreement calls for him to pay a forfeiture money judgment in the amount of $1,370. The Honorable Emmet G. Sullivan scheduled sentencing for March 1, 2017.
The federal case is related to another matter in which Keys was found guilty of failing to register as a sex offender and felony threats, following a trial in the Superior Court of the District of Columbia. Keys was sentenced in September 2016 to a six-year prison term on those charges.
Keys was convicted in 2004 in the Superior Court of the District of Columbia of first-degree sex abuse, sentenced to a six-year prison term, and ordered to register as a sex offender. He was required to register quarterly for the rest of his life. In 2013, he was convicted in the District of Columbia of failing to register as a sex offender. He registered the following year, using his parents’ address in Northeast Washington. Despite moving from that residence, he continued to register that address between November 2014 and April 2015 as his own.
The U.S. Marshals Service began an investigation in January 2015, and Keys’s true residence was ultimately located in an apartment building in Southeast Washington. He was apprehended on April 17, 2015, in a bedroom of that residence. Inside the bedroom, Deputy U.S. Marshals observed in plain view a small amount of marijuana and packaging materials. They subsequently obtained a warrant to search the bedroom and a safe located on the dresser. They found a loaded handgun, cocaine, and approximately $1,370 inside the safe, and an additional loaded handgun inside of the bedroom.
In announcing the plea, U.S. Attorney Phillips and Marshal Hughes commended the work of those who investigated the case from the U.S. Marshals Service, particularly Deputy Marshals William Straw, Justin Bankert, and Jesse Miller. They expressed appreciation for the assistance provided by the U.S. Drug Enforcement Administration (DEA) and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Catherine O’Neal and Legal Assistant Peter Gaboton. Finally, they commended the work of Assistant U.S. Attorney Jamila Hodge, who is prosecuting the federal case.
Department of Justice and Federal Trade Commission Support Federal Energy Regulatory Commission’s Reexamination of Market Power AnalysisRead the Press Release
Agencies Urge Consideration of Broad Range of Evidence When Assessing Potential for Exercise of Market Power
The Department of Justice’s Antitrust Division and the Federal Trade Commission have submitted a comment in response to the U.S. Federal Energy Regulatory Commission’s (FERCs) Notice of Inquiry addressing how FERC assesses market power with respect to mergers and electricity sales at market-based rates.
Based on their experience analyzing market power, especially with respect to competition and mergers in electricity markets, the agencies encouraged FERC not to rely solely on structural indicators of market power, such as market share or concentration, when assessing market power under the Federal Power Act. Due to certain features specific to electricity markets, even firms with relatively small market shares may be able to exercise market power. Therefore, FERC should consider evidence such as whether a proposed combination of assets would enhance the ability and incentive of a firm to raise prices.
“We commend FERC for opening its inquiry,” said Acting Assistant Attorney General Renata Hesse of the Department of Justice’s Antitrust Division. “Electricity is a cornerstone of modern life – lighting our homes, driving important industries and powering cutting-edge technologies. We endorse a more comprehensive approach that goes beyond market share percentages and concentration when assessing market power in this critical industry.”
The comment also addressed proper considerations when determining geographic markets and urged consideration of serial acquisitions in its merger analysis. The agencies also encouraged FERC to consider gathering more information from merger applicants to inform its market power analyses. The comment notes that electricity markets can involve annual sales of billions of dollars, so that even a small percentage increase in the price due to an exercise of market power can substantially harm electricity consumers.
Cumberland County Man Guilty of Possession of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gary Stinson Smith, age 60, of Mechanicsburg, Pennsylvania, pled guilty today before United States District Court Judge John E. Jones, III, to possession of child pornography.
According to United States Attorney Bruce D. Brandler, Smith admitted to possessing images depicting child pornography. After obtaining a search warrant, law enforcement officers searched the defendant’s computer in November 2015 and located images and movies containing child pornography.
This case was investigated by the United States Postal Inspection Service and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Daryl Bloom.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Court Orders Defendant to Repay $20,438.38 in FEMA Theft CaseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that United States District Court Chief Judge William H. Steele sentenced Nicole Latasha Myatt on November 28, 2016 to serve a term of five (5) years on probation for committing Theft of Public Money on May 21, 2014 in violation of 18 USC § 641. Chief Judge Steele also ordered the defendant to pay restitution in the amount $20,438.38 as a condition of the defendant’s probation.
The investigation revealed that on May 2, 2014, the United States Government declared multiple counties in Alabama major disaster areas as a result of severe storms, tornadoes, straight-line winds, and flooding which struck the area between April 28, 2014 through May 5, 2014. During the course of the investigation, the authorities discovered that the defendant submitted fraudulent documents on May 21, 2014 to the Federal Emergency Management Agency (FEMA) in order to receive disaster assistance money unlawfully. The defendant previously pled guilty before the Court on August 22, 2016.
This case was investigated by the Department of Homeland Security, Office of Inspector General. The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.
Coeur d’Alene Man Sentenced for Federal Child Pornography CrimeRead the Press Release
COEUR D’ALENE – Kody Ray Gibbs, 29, of Coeur d’Alene, Idaho, was sentenced today in United States District Court to 78 months in prison followed by 15 years of supervised release, for possession of sexually explicit images of minors, U.S. Attorney Wendy J. Olson announced. Gibbs pleaded guilty on June 22, 2016.
According to the plea agreement, in February 2016, a woman purchased an “open box” tablet-computer from a local Coeur d’Alene business. When she powered on the tablet, she found that it contained images of child pornography. The Coeur d’Alene Police were called. Detectives determined that Gibbs had purchased the computer previously and returned it for a refund. Gibbs was located, interviewed, and admitted to downloading child pornography.
As a result of his conviction, Gibbs will be required to register as a sex offender. Gibbs will also be required to complete sex offender treatment following his prison sentence.
The case was investigated by the Coeur d’Alene Police Department and the Kootenai County Prosecutor’s Office. They participate in the Idaho Internet Crimes Against Children (ICAC) Task Force, a statewide coalition of local, state and federal law enforcement and prosecution agencies, focused on apprehending and prosecuting individuals who use the Internet to criminally exploit children. For more information about the Idaho ICAC Task Force and a list of all the participating agencies, visit www.icactaskforce.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Clintwood Man Pleads Guilty to Cockfighting ChargeRead the Press Release
ABINGDON, VIRGINIA – A Virginia man, who sponsored animals during cockfights at the Big Blue Sportsmen’s Club in McDowell, Kentucky, was the seventh person convicted of federal charges related to his criminal conduct as part of the larger cockfighting conspiracy, United States Attorney John P. Fishwick Jr. announced today.
Jimmy Crate Willis, 78, of Clintwood, Virginia, pled guilty today to one count of conspiracy to knowingly sponsor and exhibit an animal in an animal fighting venture.
“The practice of cockfighting is not only illegally under federal law but it is a violent, heinous and brutal act of cruelty for these animals,” United States Attorney Fishwick said today. “We are proud those involved in this investigation have held responsible those who raised and fought these animals and shut down this venue for such brutal and barbaric acts.”
Five defendants who have already been sentenced for their roles at Big Blue were sentenced to terms of imprisonment ranging from 6 to 18 months. Another defendant, Russell Peaks, of Pound, pled guilty earlier this month and will be sentenced on January 30, 2017. Two remaining defendants are scheduled for trial in Big Stone Gap in April 2017.
Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney/Virginia Assistant Attorney General Michelle Welch are prosecuting these cases on behalf of the United States. The case is being investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office. In addition, the following agencies assisted in the arrests or related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.
Cleveland Police Crisis Intervention Team policies released for public commentRead the Press Release
Today, new Crisis Intervention Team (CIT) policies developed by the Cleveland Division of Police in cooperation with the Consent Decree Monitoring Team, the Department of Justice, the Mental Health Response Advisory Committee which work with the Alcohol, Drug Addiction and Mental Health Services (ADAMHS) Board of Cuyahoga County and the United States Attorney’s Office were released for public comment and feedback. Mayor Frank G. Jackson and Chief of Police Calvin D. Williams welcome and encourage the public to participate in this feedback process prior to submitting the policies to Judge Oliver Solomon for filing.
“The Crisis Intervention Team Policies are a major component for the City in implementing the Consent Decree,” said Mayor Frank G. Jackson. “These new policies will continue to create the conditions that foster positive interactions between our police and the communities they serve.”
“These policies are the result of collaborative efforts and reflect national best practices,” said U.S. Attorney Carole S. Rendon. “They will ensure that our most vulnerable citizens get the help they need. We welcome the public’s input as we continue our ongoing reform efforts.”
“The Cleveland Division of Police and the community led Mental Health Response Advisory Committee have produced a crisis intervention policy that will serve as a model for other cities,” said Monitoring Team member and crisis intervention expert Dr. Randolph Dupont. “Cleveland has a right to be proud of this work.”
“The Cleveland Division of Police is committed to ensuring that the policies set in place for our officers reflect best practice along with safe tactics.” said Chief Calvin D. Williams. “The revision of the Crisis Intervention Team order is yet another step toward making sure that we are providing optimum service to the citizens we are proud to serve each day.”
“These Crisis Intervention Team policies solidify our community’s goal of making Cleveland a city where everyone – including people living with mental illness and addiction - is treated safely with dignity and respect,” stated William M. Denihan, CEO of the ADAMHS Board of Cuyahoga County.
“Today, another milestone in the Consent Decree compliance process has been reached,” said Consent Decree Implementation Coordinator, Gregory A. White. “This was another outstanding collaborative effort between the Cleveland Division of Police, the Mental Health Response Advisory Committee, the monitoring team, the Department of Justice and the United States Attorney’s Office. Special recognition should also go to the Policy Sub-Committee of the Mental Health Response Advisory Committee, chaired by Common Pleas Judge Hollie L. Gallagher and Gabriella Celeste, Director of Child Policy at Case Western Reserve University Center for Child Studies. Final public comment is now welcome prior to the policies being filed for approval under the Consent Decree.”
A public meeting to discuss the proposed policies will be held on December 13, 2016 at two locations and at separate times.
- The first public meeting is December 13th, 1:00 p.m. at the Murtis Taylor Human Services System, 13422 Kinsman Road, Cleveland, Ohio 44120
- The second public meeting is December 13th, 6:00 p.m. at the Urban Community School, 4909 Lorain Avenue, Cleveland, Ohio 44102
View the proposed policies and provide feedback here: http://www.clevelandpolicemonitor.net/crisis-intervention
Branson Man Sentenced for Trading Meth for Stolen FirearmsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Branson, Mo., man was sentenced in federal court today for trading methamphetamine in exchange for stolen firearms.
Gerald E. Waters, 55, of Branson, was sentenced by U.S. District Judge M. Douglas Harpool to 10 years in federal prison without parole.
On Sept. 21, 2016, Waters pleaded guilty to possessing methamphetamine with the intent to distribute and to possessing firearms in furtherance of a drug-trafficking crime.
On May 14, 2015, a federal agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives contacted the Branson, Mo., Police Department regarding his investigation of a burglary of a federally licensed firearms dealer in Carroll County, Arkansas. During an interview with suspects in the burglary, the agent learned that someone had traded firearms to Waters in exchange for drugs.
A Branson detective contacted Waters at the Shady Oak Motel. Law enforcement officers found two Cobra Enterprise .38-caliber derringers, a Phoenix Arms .22-caliber semi-automatic pistol, and a loaded Armscor of the Philippines 9mm semi-automatic pistol, all of which had been reported stolen from the firearms dealer in Arkansas, inside a safe in the motel room.
Officers searched the room and found 130.9 grams of methamphetamine, drug paraphernalia, and a water bottle with $592 inside, all inside another safe in the motel room.
This case was prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Branson, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Bala Cynwyd Man Charged with Damaging Protected ComputersRead the Press Release
Adam Flanagan, of Bala Cynwyd was charged on November 22, 2016, by Indictment[1] with twelve counts of damaging protected computers announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of 90 years’ imprisonment, up to 3 years of supervised release after release from prison, a $3,000,000 dollar fine, and a $1200 special assessment.
Flanagan is charged with accessing computers that remotely read water meters installed by his previous employer and changing passwords and radio transmission frequencies, rendering the computers inoperable.
The case was investigated by Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael L. Levy.
[1]An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Armed heroin dealer sentenced to life imprisonment without paroleRead the Press Release
Indianapolis - United States Attorney Josh J. Minkler, announced today the sentencing of an Indianapolis man after his conviction for armed heroin dealing and money laundering. Daniel L. Stewart, 33, was sentenced to life imprisonment without the possibility of parole by U.S. District Judge William T. Lawrence.
“Much of the violence in Indianapolis is the result of armed drug dealing,” said Minkler. “Mr. Stewart will spend the rest of his life in a federal prison. This shows how seriously federal law enforcement takes this problem.”
Indianapolis Metropolitan Police officers stopped Stewart for a traffic violation on the City’s Northside in January, 2015. As a result of that stop, officers recovered a loaded 9mm handgun as well as heroin, methamphetamine and cocaine. Officers obtained a search warrant for Stewart’s apartment near Eagle Creek and recovered a kilogram (over 2 pounds) of heroin, two kilograms of cocaine, over 900 grams of methamphetamine, five firearms and over $487,000 in cash. The money was bundled in $1,000 and $10,000 increments in various locations at the apartment.
Stewart was not legally permitted to carry a firearm because he has five prior felony convictions for drug crimes dating back to 2002.
“I applaud the efforts of the US Attorney’s Office and our detectives on the successful prosecution of Mr. Stewart,” said IMPD Chief Troy Riggs. “Arresting and prosecuting armed narcotics traffickers continues to be a priority to the Indianapolis Metropolitan Police Department. We will continue our efforts target violent offenders terrorizing our community.”
IRS Criminal Investigation Special Agent in Charge James Robnett said, “The life sentence of Mr. Stewart sends a loud message that we stand united with the rest of the law enforcement community in our resolve to financially disrupt crimes against our communities. IRS Criminal Investigation has the financial investigators and expertise critical to locating and following the money. The streets of Indianapolis and the communities we live in are a top priority!”
Assistant United States Attorneys Michelle P. Brady and Peter Blackett prosecuted this case for the government.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Jerome Megaile Henry, 24, of Mobile, was sentenced in federal court this morning on drug and gun charges. In August of 2016, Henry pled guilty to one count of possession with intent to distribute marijuana and one count of using, carrying, and possessing a firearm in furtherance of and in relation to a drug trafficking felony.
United States District Court Judge William H. Steele imposed a sentence of one month on the drug count, and 60 months on the gun count, and ordered that they run consecutively. Judge Steele also ordered that Henry will commence a five-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Henry will be subject to testing and treatment for drug abuse. Judge Steele also ordered that Henry pay $200 in special mandatory assessments and he ordered the forfeiture of the firearm used in the commission of the offenses.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Albuquerque Man Pleads Guilty to Violating Federal Firearms and Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Jeffrey Burlingame, 59, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms and drug trafficking laws.
Burlingame was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. The complaint alleged that Burlingame committed the crime on Feb. 24, 2016, in Bernalillo County, N.M. According to the complaint, on that day, law enforcement agents executed a search warrant at the Albuquerque residence of another person. The agents seized methamphetamine, cash, firearms, ammunition and drug paraphernalia from Burlingame, who was present at the time the search warrant was executed.
Burlingame was indicted on March 23, 2016, and charged with possession of methamphetamine with intent to distribute and carrying a firearm in relation to a drug trafficking crime on Feb. 24, 2016, in Bernalillo County.
During today’s proceedings, Burlingame pled guilty to carrying a firearm in relation to a drug trafficking crime and possession of methamphetamine with intent to distribute. In entering the guilty plea, Burlingame admitted that on Feb. 24, 2016, he was in possession of 450.55 grams of pure methamphetamine and a firearm and ammunition when law enforcement agents executed a search warrant at a residence in Albuquerque.
At sentencing, Burlingame faces a maximum penalty of 20 years in prison on the methamphetamine charge. He also faces a mandatory minimum penalty of five years and a maximum of life in prison on the firearms charge which must run consecutive to the sentence imposed on the methamphetamine charge. Burlingame remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Meth Trafficking ChargeRead the Press Release
ALBUQUERQUE – Willie Griffin, 44, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Griffin will be sentenced to five years in prison followed by a term of supervised release to be determined by the court.
Griffin and his co-defendant Gonzalo Revet, 48, also of Albuquerque, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Griffin was arrested on an indictment charging him with distribution of methamphetamine on April 27, 2016 and May 2, 2016. The indictment was subsequently superseded on July 28, 2016, charging Griffin and Revet with conspiracy to distribute methamphetamine between April 2016 and July 2016, and distributing methamphetamine on April 27, 2016 and May 2, 2016.
During today’s change of plea hearing, Griffin entered a guilty plea to distributing methamphetamine, and admitted that on May 2, 2016, he distributed more than 50 grams of methamphetamine. Griffin remains in custody pending a sentencing hearing, which has yet to be scheduled.
Revet has entered a plea of not guilty to the superseding indictment. Revet is currently scheduled for trial in Dec. 2016.
To date, 12 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque offices of ATF and DEA, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.
Albuquerque Man Charged with Using Explosive Device to Damage or Destroy Building Used in Interstate CommerceRead the Press Release
ALBUQUERQUE – David A. Hickman, 28, of Albuquerque, N.M., has been charged with using an explosive device to damage or destroy a building – the Old Navy store in the Pavilions at San Mateo shopping center in Albuquerque – used in interstate commerce. The charge against Hickman was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD), and Chief David Downey of the Albuquerque Fire Department (AFD).
Hickman made his initial appearance in federal court this morning on a criminal complaint charging him with maliciously damaging or destroying, or attempting to damage or destroy, by means of fire or explosive, a building used in interstate commerce. Hickman remains temporarily detained pending a preliminary hearing and a detention hearing, both of which have yet to be scheduled.
According to the criminal complaint, APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI. Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area. The criminal complaint alleges that, when the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire.
If convicted on the charge in the criminal complaint, Hickman faces a statutory penalty of not less than five years and not more than 20 years in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The investigation of this case, which is continuing, is being conducted by the Albuquerque Division of the FBI, the ATF office in Albuquerque, APD and AFD. Assistant U.S. Attorney Fred J. Federici is prosecuting the case.
Hickman ComplaintAkron man charged with sexually exploiting 14-year-oldRead the Press Release
An Akron man was indicted in federal court for sexually exploiting a 14-year-old, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Benny T. Hunt, 40, was charged with enticement, sexual exploitation of a child and distributing visual depictions of a minor engaged in sexually explicit conduct.
Hunt knowingly used a cellular phone with Internet connectivity to persuade, induce, entice, and coerce a 14-year-old girl, to engage in sexual activity for which Hunt could be charged with a criminal offense. This took place between June and August, according to the indictment.
Hunt used, persuaded, enticed and coerced a minor to engage in sexually explicit conduct, as defined in Title 18, United States Code, Section 2256(2), for the purpose of producing a visual depiction of such conduct, and such visual depiction was produced using materials that had been mailed, shipped and transported in and affecting interstate and foreign commerce, and such visual depiction was actually transported and transmitted, using any means and facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce, according to the indictment
He also knowingly distributed, using any means and facility of interstate and foreign commerce, visual depictions of a 14-year-old girl engaged in sexually explicit conduct, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Youngstown office of the Federal Bureau of Investigation, the Ohio Attorney General’s Office Bureau of Criminal Investigation and the Girard Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
25 November 2016
St. Francis Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Jason Poorman, age 40, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Aggravated Sexual Abuse of a Child is up to life in custody and/or a $250,000 fine, any term of years, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution also may be ordered.
The Indictment alleges that between March 19, 2004, and May 6, 2005, in Parmalee, South Dakota, Poorman did knowingly engage in a sexual act with a child who had not attained the age of 12 years.
The charges are merely an accusation and Poorman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Poorman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Interstate Domestic ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Interstate Domestic Violence was sentenced on November 21, 2016, by U.S. District Court Judge Karen E. Schreier.
Jerrid Lee Morris, age 26, was sentenced to 46 months in custody, followed by 3 years of supervised release, and a $100 federal special assessment.
Morris was indicted on the charge by a federal grand jury on September 1, 2015. He pled guilty on September 2, 2016.
On August 8, 2015, Morris told an adult female dating partner of his that they were traveling from Sioux Falls, South Dakota, to Omaha, Nebraska, for the purpose of having her dance as a stripper. However, he really intended to have her engage in prostitution. When she resisted, Morris placed a knife against her cheek and threatened to harm her.
This case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Morris was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on November 22, 2016, by U.S. District Judge Roberto A. Lange.
Blair Has Horns, age 35, was sentenced to time served of 4 months in custody, 2 years of supervised release with 4 months of home confinement, and a a $100 special assessment to the Federal Crime Victims Fund.
Has Horns was indicted by a federal grand jury on March 15, 2016. He pled guilty on August 30, 2016.
The conviction stemmed from an incident that occurred on January 5, 2016. Has Horns was incarcerated on unrelated tribal charges and was an inmate at the Adult Correctional Facility in Rosebud, South Dakota. Has Horns became belligerent with a correctional officer and spit on him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Has Horns was immediately released to home confinement.
Rosebud Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Laverne White Horse, age 27, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 17, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 13, 2016, in Todd County, South Dakota, White Horse assaulted a federal law enforcement officer.
The charge is merely an accusation and White Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
White Horse was released on bond pending trial, which is set for January 3, 2017.
Pine Ridge Man Charged with Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Discharge of a Firearm during the Commission of a Crime of Violence.
James Robert Dowty, age 27, was indicted on November 16, 2016. Dowty appeared before U.S. Magistrate Judge Daneta Wollmann on November 22, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Dowty killing a young female on July 20, 2016, at Pine Ridge by shooting her with a gun.
The charges are merely accusations and Dowty is presumed innocent until and unless proven guilty.
The investigation is being conducted 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 Eric Kelderman is prosecuting the case.
Dowty was remanded to the custody of the U.S. Marshals Service pending trial.
Member of South L.A. Street Gang Pleads Guilty in Federal Racketeering Case, Admitting Drug Dealing and Armed RobberiesRead the Press Release
LOS ANGELES – A longtime member of the Five Deuce Broadway Gangster Crips (BGC) street gang has pleaded guilty to federal charges and admitted to trafficking in narcotics and participating in a series of armed robberies that targeted bank customers and small businesses.
Akia Pete, also known as “Studda Box,” 35, of Gardena, pleaded guilty on Friday, November 18 to conspiring to violate the federal RICO statute and conspiring to traffic in narcotics.
Pete pleaded guilty before United States District Judge S. James Otero, who is scheduled to sentence the defendant on March 13.
Pete was an active participant in the BGC’s drug trafficking activities and worked to help the gang maintain its “territorial monopoly,” according to a plea agreement filed in federal court. Pete also participated in robbery crews that, “armed with firearms, tasers and zip ties, would follow victims home from banks and rob them of their cash,” in one case taking $10,000 in cash from a victim business owner.
Pete also admitted to being a member of the “Baby Gremlins,” a violent enforcement clique within the gang that would “encourage younger members of the BGC to engage in violence against rivals and insubordinate members.”
As a result of last week’s guilty plea, Pete faces a statutory maximum sentence of 60 years in federal prison. Pete will also be subject to a mandatory minimum penalty of five years for distributing crack cocaine. After completing his prison term, Pete has agreed to accept a provision of supervised release that will prohibit him from residing in the gang’s claimed South Los Angeles territory.
“Street gangs victimize innocent people, bringing drugs and violence into our communities,” said United States Attorney Eileen M. Decker. “It is a top priority of my office to pursue prosecutions that remove the leadership of such gangs from the streets and cripple their ability to operate, in order to make our communities safer.”
“The defendant and his co-conspirators targeted residents with intimidation and violence in an area they unlawfully claimed to control,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Field Office. “The FBI will continue to build cases aimed at dismantling criminal enterprises by working with local police to identify the street gangs plaguing Los Angeles communities with violent crime and narcotics trafficking.”
Pete was one of 72 people named in a 112-count indictment targeting the BGC that was unsealed in 2014. The gang, which was formed in the 1970s, allegedly has grown into a violent criminal enterprise that conducts regular meetings, espouses a strict set of rules, and exacts punishments, including death, against those who cooperate with law enforcement.
In addition to committing crimes in its claimed territory east of the Harbor Freeway, the indictment alleges that the Broadway Crips sell drugs near the Skid Row section of downtown Los Angeles. “This area is desirable to the gang because it is close to Skid Row, where there is a large and vulnerable customer base of drug addicts and mentally ill persons,” according to the indictment.
Seventy-one of the defendants named in the indictment have now appeared in federal court to face charges in the indictment (the final defendant is in state custody), which include conspiracy to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO), violent crimes in aid of racketeering, a series of robberies that targeted bank customers, weapons offenses and various drug trafficking charges.
With Pete’s guilty pleas last week, over 40 defendants have now been convicted in the case, including the three lead defendants in the RICO case – Tyrine Martinez, Tracy Harris and Roosevelt Sumpter – each of whom pleaded guilty this past summer to federal charges. Earlier this month, Sumpter was sentenced to 20 years in federal prison. Martinez and Harris are scheduled to be sentenced by Judge Otero on December 19, at which time both defendants will face potential life sentences and mandatory minimum prison terms of 15 and 10 years, respectively.
Three other top defendants in the case are scheduled to go on trial January 3. Other defendants are scheduled to go on trial on December 6 and April 5.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into the BGC, which was called Operation “Gremlin Riderz,” was conducted by the FBI and the Los Angeles Police Department under the auspices of the FBI’s Task Force on Violent Crime in the City of Los Angeles, which is one of several dozen Safe Streets Task Forces around the nation.
This case is being prosecuted by Assistant United States Attorney Mack Jenkins of the Public Corruption and Civil Rights Section, and Assistant United States Attorneys Max B. Shiner and Wilson Park of the Violent and Organized Crime Section.
Man Serving Time in Prison Agrees to Pay Civil Penalties for Submitting False Claims After 2013 Storm “Atlas”Read the Press Release
United States Attorney Randolph Seiler announces that Karl Knutson, age 28, currently serving time in prison for making false claims to the U.S. Department of Agriculture Farm Service Agency Livestock Indemnity Program for cattle lost during the October 2013 winter storm Atlas, has agreed to settle the civil claims associated with his conduct. Knutson recently reached an agreement with the government wherein he will pay $15,000 in civil penalties for his violations of the False Claims Act.
The False Claims Act, (31 U.S.C. § 3729) imposes a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained, on persons who knowingly submit false claims to the government. Earlier this year, Knutson admitted to knowingly submitting false claims, claiming to have lost 129 head of cattle during the storm, knowing he had only lost no more than 13, and was sentenced (on the criminal charge) to 12 months of imprisonment, followed by 3 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and a fine of $7,380.04. The settlement agreement resolves the civil liability for his conduct.
The United States Attorney’s Office places a high priority on both criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. The investigation in this case was conducted by the U.S. Department of Agriculture, Office of Inspector General (OIG). Assistant United States Attorneys Benjamin Patterson and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Kyle Man Charged with Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.
Marlin Iron Crow, age 43, was indicted on November 16, 2016. Iron Crow appeared before U.S. Magistrate Judge Daneta Wollmann on November 22, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Iron Crow killing another man by assaulting him in the head on November 11, 2016, at Porcupine.
The charge is merely an accusation and Iron Crow is presumed innocent until and unless proven guilty.
The investigation is being conducted 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 is prosecuting the case.
Iron Crow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kadoka Woman Pleads Not Guilty to FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kadoka, South Dakota, woman has been indicted by a federal grand jury for eight counts of Wire Fraud, Aggravated Identity Theft, and eight counts of Bank Fraud.
Tammy Twiss, a/k/a Tammy Eisenbraun, age 38, was indicted on November 16, 2016. Twiss appeared before U.S. Magistrate Judge Daneta Wollmann on November 18, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 30 years in custody and/or a $1,000,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Twiss using her ex-husband’s name, along with his parents’ banking information, to conduct fraudulent wire transfers. Twiss electronically withdrew in excess of $20,000 from her ex-in-laws’ bank account.
The charges are merely accusations and Twiss is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Service. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Twiss was released on bond pending trial. A trial date has been set for January 24, 2017.
Eagle Butte Man Indicted for Escape from CustodyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Escape from Custody.
Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 10, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may be ordered.
The Indictment alleges that on October 19, 2016, in the District of South Dakota, LeCompte knowingly escaped from the custody of the U.S. Marshals Service, in that he failed to return to the Hughes County Jail in Pierre, South Dakota following a funeral furlough, as ordered by the U.S. District Court.
The charge is merely an accusation and LeCompte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
LeCompte was remanded to the custody of the U.S. Marshals Service pending trial, the date of which has not been set.
Eagle Butte Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for three counts of Distribution of a Controlled Substance.
Jeremiah James Little Wounded, age 36, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 16, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and payment of $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 7, 18, and 22, 2016, at Eagle Butte, Little Wounded knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Little Wounded is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Little Wounded was released on bond pending trial, the date of which has not been set.
Eagle Butte Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for three counts of Distribution of a Controlled Substance.
Jordan Paul Cass, age 31, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 1, 23, and 24, 2016, at Eagle Butte, Cass knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Cass is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Cass was remanded to the custody of the U.S. Marshals Service pending trial, which has not been set.
Eagle Butte Man Indicted for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury on one count of Conspiracy to Distribute a Controlled Substance, two counts of Distribution of a Controlled Substance, and four counts of Possession of a Firearm by a Prohibited Person.
Charlie Warren Marshall, age 26, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 2016, and pled not guilty to the Indictment.
The maximum penalties upon conviction of the charges is 40 years in prison and/or a $5,000,000 fine, a lifetime of supervised release, and a payment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2015, and November 8, 2016, in the District of South Dakota, Marshall conspired with others to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance, and actually distributed methamphetamine on two specific occasions. The Indictment further alleges that Marshall unlawfully received and possessed firearms when he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance.
The charges are merely accusations and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial, the date for which has not been set.
Dupree Man Indicted for AssaultsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and four counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Miles Condon, age 25, was initially indicted on October 12, 2016, on a four count Indictment. On November 9, 2016, the indictment was superseded, to add another count of Assault with a Dangerous Weapon, and two more counts of Assaulting a Federal Officer. He appeared before U.S. Magistrate Judge Mark Moreno on November 16, 2016, and pled not guilty to the Superseding Indictment.
The maximum penalty upon conviction of the two non-officer related assault charges is up to 10 years in custody. The maximum penalty upon conviction of the four officer-related assault charges is up to 8 years in custody. In each instance, the maximum fine is up to a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
The original Indictment alleged that on August 3, 2016, in Dupree, Condon unlawfully assaulted the victim with a golf club, and that the victim sustained serious bodily injury as a result of the assault. The Indictment also alleges that on August 3, 2016, and again on September 7, 2016, in Dupree, Condon forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with a federal law enforcement officer who was engaged in, and on account of, the performance of his official duties, and that said conduct involved physical contact with the federal officer.
The Superseding Indictment alleges additional offenses, including that on October 13, 2016, Condon forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with law enforcement officers who were assisting a federal officer in arresting the defendant on the original indictment, and that said conduct involved physical contact with the federal officers. The Superseding Indictment also alleges that the defendant kicked a federal corrections officer with shod feet after he arrived at the jail following his arrest.
The charges are merely accusations and Condon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Ziebach County Sheriff’s Office. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Condon was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 13, 2016.
BNI and URS to Pay $125 Million Resolving Alleged False Claims Regarding Deficient Nuclear Quality Procurements at the Waste Treatment Plant and Improper Payments to Lobby CongressRead the Press Release
Richland, WA – Today, the United States Attorney’s Office (USAO) for the Eastern District of Washington and the Department of Justice Civil Frauds Section (DOJ) announced a settlement agreement with federal contractor Bechtel National Inc., Bechtel Corp., (BNI) and AECOM, on behalf of URS Corp., and URS Energy & Construction Inc. (URS) (collectively “the defendants’). The settlement resolves allegations that BNI and URS, in the design and on-going construction of the U.S. Department of Energy’s (DOE) Waste Treatment & Immobilization Plant project (“WTP”) at the Hanford Site, falsely represented and charged DOE for deficient goods and services, which failed to be of the highest quality for nuclear facilities.
The settlement agreement, which requires BNI and URS to pay $125 million, also resolves allegations that BNI illegally used taxpayer dollars to pay for a multi-year Congressional lobbying campaign to acquire, among other things, more taxpayer dollars for BNI’s continued work on the WTP project.
The WTP is located at the DOE’s Hanford Site near Richland, Washington. Between 2001 and the present, the DOE has paid billions of dollars to the defendants to design and build the WTP, which is being built to treat hundreds of millions of gallons of dangerous radioactive waste currently stored at the Hanford Site. Key to the Plant’s ultimate ability to function is the requirement that certain
project components of the facility purchased by BNI and URS, and paid for by DOE, comply with the nuclear industry’s rigorous quality assurance standards and procedures. According to allegations accepted by the United States, for over 13 years -- from January 1, 2001, to June 30, 2013 -- BNI and URS knowingly submitted false claims for payment while failing to comply with the rigorous nuclear quality requirements for the DOE’s WTP project. It is further alleged that BNI’s and URS’ knowing false claims were not limited to just deficient parts, but also extended in some cases to testing used to resolve various technical issues in the proper design and/or construction of the WTP.
According to court documents, the case began in February of 2012, when whistleblowers (known as Relators) Gary Brunson, Dr. Donna Busche, and Dr. Walter Tamosaitis, filed a qui tam complaint under seal alleging, among other things, that BNI and URS had provided deficient goods and services to DOE on the WTP Contract. At that time the relators also alleged that BNI illegally used taxpayer dollars to lobby Congress.
When a relator(s) files a qui tam complaint, the False Claims Act requires the United States to investigate the allegations and thereafter elect to either intervene and take over the lawsuit or to decline to intervene and allow the relator(s) to go forward with the litigation on behalf of the United States. In this case, court documents show that on November 1, 2016, after more than a three and a half year investigation, the United States chose to “partially intervene” and adopt some of the Relators’ allegations, specifically, those allegations involving deficient nuclear quality procurements and illegal lobbying. Court records show that after the United States’ decision to partially intervene, the defendants, the Relators and the United States reached a negotiated settlement that provides for the global resolution of all of the Relators’ False Claims Act (FCA) allegations. In exchange for dismissal of the qui tam lawsuit, the defendants have agreed to pay $125 million to the United States, but denied any wrongdoing.
Michael C. Ormsby, United States Attorney for the Eastern District of Washington, said: “The allegations the United States chose to intervene in, including claims that BNI – URS recklessly purchased deficient materials and services with taxpayer money for more than a decade, are deeply concerning given the obvious importance of nuclear safety at the WTP. The WTP, once completed, is supposed to work safely to clean Hanford once and for all of millions of gallons of radioactive waste.” U.S. Attorney Ormsby also said: “With this settlement it is our hope that DOE will continue to move forward in its mission of environmental clean-up and restoration at Hanford, and will have greater confidence that its
contractors will not undermine those important efforts for their own short-term financial gain.”
The allegations resolved by the settlement agreement also include claims that BNI illegally used taxpayer dollars to improperly lobby Congress in direct violation of, among other things, the Byrd Amendment (1989), which prohibits federal contractors from using tax dollars to influence or attempt to influence federal officials in connection with their contract. BNI’s improper lobbying efforts allegedly included, but were not limited to, using taxpayer dollars to pay D.C. lobbyists to actively downplay to specific members of Congress the significance of concerns raised in 2009 by the Defense Nuclear Facilities Safety Board (“DNFSB”) relative to the design – construction of the WTP. Based on internal BNI emails referenced in the relators’ qui tam complaint, BNI’s alleged taxpayer funded lobbying of Congress also included an attempt to secure an additional $50 million in public funds in 2011 which was thought to be put in jeopardy by the DNFSB’s concerns. These alleged lobbying efforts - as well as others - were in direct violation of the Byrd Amendment (31 U.S.C. § 1352).
U.S. Attorney Ormsby said: “The use of federal taxpayer dollars to pay lobbyists in an attempt to elicit more taxpayer dollars is unacceptable.” USA Ormsby went on to say: “Illegal lobbying contravenes the established lawful process that is designed to provide independent federal oversight of contractors’ performances. As alleged, Defendants’ attempts to lessen the effectiveness of the Defense Nuclear Facility Safety Board (DNFSB), the only federal government agency with independent technical oversite on the WTPS project, and charged with identifying the nature and consequences of potential threats to public health and safety at Hanford, is shameful and must be blunted, penalized and deterred in the starkest manner possible.”
This case was investigated by the Department of Energy Office of Inspector General (DOE - OIG) and the Federal Bureau of Investigation. The United States was represented by the United States Attorney’s Office for the Eastern District of Washington and the Department of Justice Civil Frauds Section. The DOE and its Office of General Counsel also provided assistance. The relators were represented by the Lambert Firm.
The case is entitled: United States ex rel. Brunson, Busche, and Tamosaitis v. Bechtel National, In., Bechtel Corp., URS Corp., and URS Entergy & Construction, Inc., Case No. 2:13-CV-05013-EFS (E.D. Wash). A copy of the settlement agreement is attached.
23 November 2016
Winchester Man Admits Hacking into Website to Send Threats and Intimidate PeopleRead the Press Release
LEXINGTON, Ky. — A Winchester, Ky., man has admitted to conspiring to hack into a website dedicated to athletics at an Ohio high school, and using the site to defame the website owner and threaten and intimidate other people.
Today, in federal court, Deric Lostutter, 29, pleaded guilty to conspiring to illegally access a computer without authorization, and to lying to an FBI agent. Noah McHugh, Lostutter’s co-conspirator, previously pleaded guilty in September 2016 to accessing a computer without authorization.
Lostutter admitted that in December 2012, he and McHugh hacked into a fan’s website, created for Steubenville High School sports teams, to bring attention to a rape for which two Steubenville High School football players had been arrested in August 2012 and were being held in custody. Lostutter filmed a video wearing a mask and wrote a manifesto, which were both posted on the website to harass and intimidate people, and to gain publicity for Lostutter’s and McHugh’s online identities. Specifically, the messages threatened to reveal personal identifying information of Steubenville High School students, and made false claims that the administrator of the fan website was involved in child pornography and directed a “rape crew.”
As part of the same hack, Lostutter and McHugh accessed the administrator’s private email account, and then publicly posted a link to download the administrator’s emails on the fan website. Lostutter and McHugh changed the website so no one could access anything regarding athletics and could only view the video, the manifesto, and the link to the administrator’s private emails. Lostutter and McHugh then used their online identities in social media and news interviews to promote themselves and their hack.
In 2013, Lostutter lied to the FBI by stating in an investigative interview that he had not written the manifesto posted to the website, that he had not accessed the password-protected section of the fan website, and that he had not changed the administrator password for the website, which prevented the administrator from regaining control of his own website.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the plea.
The investigation was conducted by the FBI. Assistant U.S. Attorney Neeraj Gupta prosecuted this case on behalf of the federal government.
Lostutter is scheduled to appear before Judge Danny C. Reeves for sentencing on March 8, 2017. Under federal law, each count carries a maximum of 5 years in prison. Any sentence will be imposed by the Court after consideration of the U.S. sentencing guidelines and the applicable federal statutes.
West Chester Man Sentenced to 20 Years for Plot to Attack U.S. Government OfficersRead the Press Release
CINCINNATI – Munir Abdulkader, 22, of West Chester, Ohio, was sentenced to 240 months in prison and lifetime supervised release for plotting to murder a military base employee and attack a Cincinnati area police station in the name of ISIL.
Acting Assistant Attorney General for National Security Mary McCord, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division, West Chester Police Chief Joel Herzog, Ohio State Highway Patrol Superintendent Colonel Paul A. Pride and Cincinnati Police Chief Eliot Isaac announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
Abdulkader previously pleaded guilty to attempting to kill officers and employees of the United States, material support of a foreign terrorist organization and possession of a firearm in furtherance of a crime of violence.
The plan was for Abdulkader to murder a specific employee of a military base at the employee’s home. He planned to videotape the murder so that it could be used in an ISIL propaganda video to further ISIL’s cause. Following the murder, Abdulkader would then launch a violent attack on a police station in the Cincinnati area.
In preparation for the attacks, Abdulkader conducted surveillance of the police station, received a targeting package about the victim, went to a shooting range, learned how to operate certain firearms, and practiced shooting the firearms. He also bought an AK-47 assault rifle for the attack.
According to the statement of facts admitted by Adbulkader at the plea hearing, beginning in at least July 2014 and continuing into 2015, Abdulkader expressed his support for the Islamic State in Iraq and the Levant (“ISIL”) on Twitter accounts. From approximately March 2015 to mid-April 2015, Abdulkader began speaking with a Confidential Human Source (CHS) about his desire and intention to travel to Syria in order to join ISIL as a fighter.
During that same time, Abdulkader made plans and preparations to travel to Syria to join ISIL as a fighter. Namely, he secured a passport, saved money for the trip and researched the logistical details of traveling to Syria and joining ISIL. In late April, though, Abdulkader expressed concerns about the ability to travel and postponed his original departure date of May 2, 2015.
During May 2015, Abdulkader was in electronic communication with one or more individuals located overseas who he understood were members of ISIL. One of those individuals was a member of ISIL identified as Junaid Hussein. Through their communications, Junaid Hussein directed and encouraged Abdulkader to plan and execute a violent attack within the United States.
Abdulkader communicated with Junaid Hussein and the CHS about a plan to kill an identified military employee on account of his position with the United States government. The plan included abducting the employee at the employee’s home and filming the execution of the employee.
After killing the employee, Abdulkader planned to execute a violent attack on a police station in the Southern District of Ohio using firearms and Molotov cocktails.
Adbulkader was arrested on May 21, 2015 by the FBI Joint Terrorism Task Force (JTTF), after a controlled purchase and possession of the AK-47 assault rifle.
The defendant was charged by criminal complaint on May 22, 2015 and a bill of information was filed on March 2, 2016. Abdulkader pleaded guilty to the three charges in the information on March 24, 2016, before U.S. District Judge Barrett. The court documents and proceedings were unsealed in July.
“Using social media to communicate with the now-deceased Syria-based ISIL terrorist Junaid Hussain, Abdulkader coordinated and planned violent murders of military members and police officers,” said Acting Assistant Attorney General McCord. “Identifying and stopping such ISIL-directed and inspired plots is and will remain one of our highest priorities.”
“Abdulkader placed himself under the direction and control of an evil foreign terrorist organization and plotted with that organization to conduct multiple murderous attacks in the Cincinnati area,” U.S. Attorney Glassman said. “The sentence of twenty years in prison, followed by a lifetime of federal supervision, is fully warranted by the egregious facts of this case. It will protect the public from this defendant.”
Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the investigation of this case by the JTTF. The case is being prosecuted by Assistant U.S. Attorney Tim Mangan and Michael Dittoe of the Justice Department’s National Security Division Counterterrorism Section.
The JTTF is made up of officers and agents from the Cincinnati Police Department, Colerain Police Department, Dayton Police Department, Ohio State Highway Patrol, University of Cincinnati Police Department, United States Air Force OSI, FBI, United States Immigrations and Customs Enforcement, United States Internal Revenue Service, United States Secret Service, United States Postal Inspection Service, West Chester Police Department and Xenia Police Department.
Utica Man Pleads Guilty to Possession of a Firearm as a Convicted FelonRead the Press Release
SYRACUSE, NEW YORK - Harold Jones, 23, of Utica, New York, pled guilty today to being a felon in possession of a firearm and ammunition.
The announcement was made by U.S. Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his plea, Jones admitted that on April 20, 2016, he possessed a Smith & Wesson .40 caliber pistol and Twelve (12) rounds of .40 caliber ammunition. Jones was prohibited from possessing the pistol and ammunition because he has prior felony convictions for a New York drug offense and for Attempted Burglary.
Jones faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced on March 23, 2017 by Senior U.S. District Judge Frederic J. Scullin. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown
United States Settles Lawsuit Against Energy Department Contractors for Knowingly Mischarging Costs on Contract at Nuclear Waste Treatment PlantRead the Press Release
The Justice Department announced today that Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.) have agreed to pay $125 million to resolve allegations under the False Claims Act that they made false statements and claims to the Department of Energy (DOE) by charging DOE for deficient nuclear quality materials, services, and testing that was provided at the Waste Treatment Plant (WTP) at DOE’s Hanford Site near Richland, Washington. The settlement also resolves allegations that Bechtel National Inc. and Bechtel Corp. improperly used federal contract funds to pay for a comprehensive, multi-year lobbying campaign of Congress and other federal officials for continued funding at the WTP. Bechtel Corp. and Bechtel National Inc. are Nevada corporations. URS Corp. is headquartered in California, and URS Energy & Construction Inc. is headquartered in Colorado.
“The money allocated by Congress for the Waste Treatment Plant is intended to fund the Department of Energy’s important mission to clean up the contaminated Hanford nuclear site, and this mission is undermined if funds are wasted on goods or services that are not nuclear compliant or to further lobbying activities,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “This settlement demonstrates that the Justice Department will work to ensure that public funds are used for the important purposes for which they are intended.”
“The environmental clean-up and restoration of the land that comprises the Hanford Nuclear Reservation is one of the single most important projects in this region,” said U.S. Attorney Michael C. Ormsby of the Eastern District of Washington. “It is imperative that funds allocated for this project be used appropriately and judiciously – the public expects nothing less. This office and our DOJ and DOE counterparts take allegations of contractor abuse seriously and place a priority on investigating and pursuing enforcement when those allegations could impact the safety and security of our citizens.”
“The DOE Office of Inspector General is committed to ensuring the integrity of Departmental contracts and financial expenditures,” said Acting Inspector General Rickey R. Hass. “We will continue to steadfastly investigate allegations of fraudulent diversion of tax dollars throughout DOE programs and appreciate the support of DOJ attorneys in these matters.”
Between 2002 and the present, DOE has paid billions of dollars to the defendants to design and build the WTP, which will be used to treat dangerous radioactive wastes that are currently stored at DOE’s Hanford Site. The contract required materials, testing and services to meet certain nuclear quality standards. The United States alleged that the defendants violated the False Claims Act by charging the government the cost of complying with these standards when they failed to do so. In particular, the United States alleged that the defendants improperly billed the government for materials and services from vendors that did not meet quality control requirements, for piping and waste vessels that did not meet quality standards and for testing from vendors who did not have compliant quality programs. The United States also alleged that Bechtel National Inc. and Bechtel Corp. improperly claimed and received government funding for lobbying activities in violation of the Byrd Amendment, and applicable contractual and regulatory requirements, all of which prohibit the use of federal funds for lobbying activities.
The allegations resolved by this settlement were initially brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Gary Brunson, Donna Busche, and Walter Tamosaitis, who worked on the WTP project. The False Claims Act permits private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery. The Act also permits the government to intervene in such a lawsuit, as it did in part in this case. The whistleblowers’ reward has not yet been determined.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Eastern District of Washington, the DOE Office of the Inspector General and the FBI.
The claims asserted against defendants are allegations only, and there has been no determination of liability. The case is United States ex rel. Brunson, Busche, and Tamosaitis v. Bechtel National, Inc., Bechtel Corp., URS Corp., and URS Energy & Construction, Inc., Case No. 2:13-cv-05013-EFS (E.D. Wash.).
U.S. Department of Justice Encourages Reporting of Human Rights ViolationsRead the Press Release
Representatives from the Human Rights and Special Prosecutions Section of the U.S. Department of Justice traveled to Miami for a roundtable meeting with community stakeholders to combat and encourage reporting of, human rights violations.
U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer, Deputy Chief Kathleen O’Connor, Human Rights and Special Prosecutions Section of the U.S. Department of Justice, and Special Agent in Charge Xanthi C. Mangum, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
“The U.S. Attorney’s Office and our federal law enforcement partners have taken an aggressive stance against perpetrators of human rights violations,” stated U.S. Attorney Wifredo Ferrer “Although we have successfully brought to justice a number of human rights violators, there is still much more work to be done to protect our nation’s residents, refugees and asylum seekers. We implore the community to report human rights violators who are living among us in the South Florida community.”
On November 3, 2016, as part of an effort to foster dialogue between those who investigate and enforce human rights laws in the United States and members of the community, the U.S. Attorney’s Office for the Southern District of Florida, the Human Rights and Special Prosecutions Section of the U.S. Department of Justice, the FBI, and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations hosted a roundtable meeting with community groups in the South Florida region that provide services to immigrants. This forum, titled No Safe Haven: Keeping Immigrants Safe from Human Rights Violators, brought together stakeholders, including immigrant and refugee service providers, immigration attorneys, non-governmental organizations, local and state law enforcement, medical service providers, educators, and representatives from other federal agencies.
The Human Rights and Special Prosecutions Section of the U.S. Department of Justice works with other federal government agencies and community stakeholders to identify and prosecute human rights violators and other international criminals. Offenses such as murder, rape, physical or mental torture, and the recruitment or use of children as soldiers, are considered human rights violations and are a priority for the Department of Justice. Our united mission is to ensure that the United States is not a haven to those who commit such atrocities. The U.S. Attorney’s Office for the Southern District of Florida seeks to bring the perpetrators to justice, while striving to protect and improve lives. The U.S. Attorney’s Office has a specialized section that focuses on the protection of some of the most vulnerable segments of our communities, that have fallen victim to human rights atrocities. The U.S. Attorney’s Office has utilized immigration fraud statutes and other legal provisions to hold those accountable who carry out international rights violations. In, U.S. v. Eriberto Mederos, the defendant hid the fact that he had tortured political prisoners on behalf of Cuba’s communist government and was convicted of making false statements to obtain U.S. citizenship. In U.S. v. Charles “Chuckie” Taylor, the Southern District of Florida obtained the nation’s first conviction for overseas torture and the defendant was sentenced to 97 years in prison.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at [email protected] or toll-free at 1-800-813-5863, or through the HSI tip line at 1-866-DHS-2-ICE or to complete their online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.
Two Orlando Residents Sentenced to Federal Prison for Possession of Stolen Guns from A Federally Licensed Firearms DealerRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Kimberly Carnell White, Jr. (28, Orlando) and James Romando Harris, II (28, Orlando) to 72 months and 84 months in prison, respectively, for possession of firearms by convicted felons. Both White and Harris pleaded guilty on August 24, 2016.
According to court documents, a federally licensed firearms dealer in Marion County was burglarized during the morning of May 5, 2016. Later that day, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information that White had several firearms to sell from a location he claimed to have “hit.” That same day, undercover agents from the Orange County Sheriff’s Office (OCSO) purchased five firearms from White and Harris. The serial numbers of those firearms matched those of the firearms that had been stolen from the licensed dealer. Both White and Harris have prior felony convictions and are therefore prohibited from possessing firearms or ammunition under federal law.
On May 13, 2016, the OCSO, the ATF, and the Orlando Police Department executed federal search warrants at the Orlando residences where the undercover transactions had been conducted, and where other firearms had been seen. During the execution of those warrants, law enforcement recovered seven firearms from one residence and four firearms from the other residence. Of those 4 firearms, four had serial numbers matching those of the firearms reported stolen from the federally licensed dealer. In total, investigators seized 16 firearms, including 9 that had been reported stolen from the firearms dealer.
These arrests were the result of a multi-agency investigation focused on the recovery of the firearms. This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, the Marion County Sheriff’s Office, the Belleview Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. Unites States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Two Orlando Residents Sentenced to Federal Prison for Possession of Stolen Guns from a Federally Licensed Firearms DealerRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Kimberly Carnell White, Jr. (28, Orlando) and James Romando Harris, II (28, Orlando) to 72 months and 84 months in prison, respectively, for possession of firearms by convicted felons. Both White and Harris pleaded guilty on August 24, 2016.
According to court documents, a federally licensed firearms dealer in Marion County was burglarized during the morning of May 5, 2016. Later that day, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information that White had several firearms to sell from a location he claimed to have “hit.” That same day, undercover agents from the Orange County Sheriff’s Office (OCSO) purchased five firearms from White and Harris. The serial numbers of those firearms matched those of the firearms that had been stolen from the licensed dealer. Both White and Harris have prior felony convictions and are therefore prohibited from possessing firearms or ammunition under federal law.
On May 13, 2016, the OCSO, the ATF, and the Orlando Police Department executed federal search warrants at the Orlando residences where the undercover transactions had been conducted, and where other firearms had been seen. During the execution of those warrants, law enforcement recovered seven firearms from one residence and four firearms from the other residence. Of those 4 firearms, four had serial numbers matching those of the firearms reported stolen from the federally licensed dealer. In total, investigators seized 16 firearms, including 9 that had been reported stolen from the firearms dealer.
These arrests were the result of a multi-agency investigation focused on the recovery of the firearms. This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, the Marion County Sheriff’s Office, the Belleview Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. Unites States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Stuart Resident Convicted of Federal Offenses Related to Armed Robberies in Florida and KentuckyRead the Press Release
On November 21, 2016, Todd Erling Becker, 46, of Stuart, Florida, was convicted of committing and conspiring to commit fives robberies with a firearm at business located in Stuart, Vero Beach, and Orlando, Florida and Lexington, Kentucky.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge for the Federal Bureau of Investigation (FBI), Miami Field Office, Ken Mascara, Sheriff, St. Lucie County Sheriff’s Office, William Snyder, Sheriff, Martin County Sheriff’s Office, Deryl Loar, Sheriff, Indian River County Sheriff’s Office, Jerry Demings, Sheriff, Orange County Sheriff’s Office, and Mark Barnard, Police Chief, Lexington Police Department, Kentucky, made the announcement.
A federal jury in the Southern District of Florida convicted Becker of one count of conspiracy to commit robbery affecting interstate and foreign commerce, three counts of robbery affecting interstate commerce, and three counts of using a firearm in the furtherance of a crime of violence. Becker faces a minimum of 57 years’ and a maximum of life imprisonment. Becker is scheduled to be sentenced on February 3, 2017 before U.S. District Judge Donald L. Graham.
According to the court record, including evidence presented at trial, between August 13, 2013 and August 21, 2014, Becker and various accomplices robbed four convenience stores catering to Latin communities in Stuart and Vero Beach, Florida and Lexington, Kentucky. Additionally, Becker and an accomplice robbed a cash exchange business in Orlando, Florida. On all five occasions, a disguised gunman entered the stores with a semi-automatic handgun and demanded money from the store clerks. For four of the five robberies, Becker served as the lookout and the driver of the vehicle used to flee from the crime scenes. During the robbery in Vero Beach, Florida Becker entered the store with the gunman and bound the store clerk before fleeing.
During the robbery in Lexington, Kentucky, during business hours, the gunman entered the Latin market and demanded money while pointing his semi-automatic handgun at multiple customers, including young children. The gunman fired two shots at employees. Shortly after the shots were fired, Becker drove to the location, picked up the gunman, and fled back to Florida.
Mr. Ferrer commended the investigative efforts of the FBI, St. Lucie County Sheriff’s Office, Martin County Sheriff’s Office, Indian River County Sheriff’s Office, Orange County Sheriff’s Office, and Lexington Police Department in Kentucky. The case is being prosecuted by Assistant U.S. Attorney Daniel E. Funk and Special Assistant U.S. Attorney Ryan Butler.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Sentencings for November 18 - November 21, 2016Read the Press Release
Pauline Irene Hemicker, 33, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 21, 2016, for conspiracy to distribute methamphetamine. Hemicker was arrested in Casper, Wyoming. She received 151 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $100.00 special assessment and $250.00 in restitution. This case was investigated by the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigation.
John Charles Adams, 46, of Gillette, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 18, 2016, for being a felon in possession of a firearm. Adams was arrested in Casper, Wyoming. He received 12 months and one day of imprisonment, to be followed by two years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
J.D. Lynn Cathcart, 31, of Carpenter, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on November 18, 2016, for being a felon in possession of firearms. Cathcart was arrested in Carpenter, Wyoming. He received 57 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and a $400.00 fine. This case was investigated by the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justin Dale Carpenter, 31, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 18, 2016, for being a felon in possession of a firearm. Carpenter was arrested in Casper, Wyoming. He received 12 months and one day of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Daniel Leigh Delaney, 33, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on November 18, 2016, for being a felon in possession of a firearm. Delaney was arrested in Cheyenne, Wyoming. He received 60 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment
and a $400.00 fine. This case was investigated by the Cheyenne Police Department, the Wyoming Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Kevin Paul Brown, 26, of Fort Washakie, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 18, 2016, for aggravated sexual abuse. Brown was arrested in Cheyenne, Wyoming. He received 60 months of imprisonment, to be followed by ten years of supervised release, and was ordered to pay a $100.00 special assessment and $5889.53.00 in restitution. This case was investigated by the Federal Bureau of Investigation.
Rockford Man Indicted on Child Pornography ChargesRead the Press Release
ROCKFORD — A Rockford man has been indicted by a federal grand jury on child pornography charges.
NATHAN R. TAUCK, 25, was charged Thursday with one count of enticing and coercing a minor victim to engage in sexually explicit conduct that exhibited the minor’s genitals and pubic area for the purpose of producing a visual depiction of the sexually explicit conduct; and four counts of transporting child pornography via the internet.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago.
The charge of enticing a minor victim to engage in sexually explicit conduct carries a mandatory minimum sentence of 15 years in prison and a maximum of 30 years, and a $250,000 maximum fine; each count of transporting child pornography carries a mandatory minimum sentence of five years in prison and a maximum of 20 years, as well as $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The government is represented by Assistant U.S. Attorney Michael D. Love.