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23 November 2016
Portland Metro Law Enforcement Partners United Against All Forms of Hate CrimesRead the Press Release
PORTLAND, Ore. – Early last week, the FBI released its annual statistics on hate crimes in the U.S. The report showed a 67 percent increase in hate crimes committed against Muslim Americans in 2015 as well as increases in hate crimes against members of the Jewish, African American, and LGBT communities. Overall, the number of hate crimes reported nationwide increased six percent – a number that does not account for the many hate crimes that go unreported out of shame or fear.
These figures are deeply concerning to members of our law enforcement community in Oregon. Beyond the 2015 statistics, Oregonians may have seen news reports and social media posts about alleged hate crimes and harassment across the country. These reports have caused many in our community to fear for their own or their loved ones’ safety.
“The United States Attorney’s Office, with our local, state, and federal law enforcement partners, wants to reassure community members that we are united in our efforts to combat hate crimes in any form and to repudiate the targeting of individuals because of their actual or perceived race, color, religion, national origin, disability, sexual orientation, gender or gender identity” said Billy J. Williams, United States Attorney for the District of Oregon. “We remain committed to vigorously investigating and prosecuting all hate crimes.”
If you or someone who you know has been a victim of a hate crime, please report this to your local law enforcement authority. If you are concerned about your safety, please call 9-1-1 immediately.
Victims are encouraged to report all hate crimes to their local law enforcement agency and also to the FBI. Links to Oregon police departments and county sheriffs’ offices are listed below:
- List of Oregon Police Departments
- List of Oregon County Sheriffs’ Offices
For crimes committed in Oregon, the FBI Portland Division can be reached at (503) 224-4181. A list of all local FBI offices is available at: https://www.fbi.gov/contact-us/field-offices. Reports to the FBI can also be submitted online from any state via: https://tips.fbi.gov.
Additionally, the Oregon Department of Justice collects reports of hate crimes to ensure these are passed on to the appropriate authority for investigation via the following web form: https://justice.oregon.gov/crimereporting/hatecrime.
If you have questions about your rights or the hate crime reporting process, please contact any of the following law enforcement agencies in the Portland metro area:
- United States Attorney’s Office – District of Oregon: (503) 727-1000
- Oregon Department of Justice: (503) 378-4400
- FBI – Portland Division: (503) 224-4181
- Multnomah County Sheriff’s Office: (503) 823-3333
- Clackamas County Sheriff’s Office: (503) 655-8211
- Washington County Sheriff’s Office: (503) 629-0111
- Portland Police Bureau: (503) 823-0400
- Gresham Police Department: (503) 823-3333
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – The U.S. Attorney’s Office for the Northern District of Georgia announced that pain management physician Dr. Anthony Clavo has agreed to the entry of a consent judgment for $430,000 plus interest to resolve allegations that he violated the False Claims Act by billing Medicare, Medicaid, and TRICARE for medically unnecessary services. The federal government’s portion of the consent judgment is $322,407, and the State of Georgia’s portion is $107,593.
“When physicians bill the government for medical services that are not needed by the patient, they violate the trust placed in them by their patients and the government to provide only medically necessary care,” said U. S. Attorney John Horn. “Healthcare providers should be vigilant about prescribing only medically necessary services for their patients.”
“Those individuals in positions of trust within the healthcare industry have an inherent duty to be forthright in their claims submittals to those government programs that pay for their services. Through the False Claims Act settlement and the associated monetary judgements announced today, the defendant in this case, Dr. Anthony Clavo, understands this and the U.S. Government’s position on this a lot better. The FBI will continue to play a role in ensuring that the federal funds providing these healthcare programs are not abused,” said George Crouch, Acting Special Agent in Charge, FBI Atlanta Field Office.
“Delivering medically unnecessary treatment or failing to document the need for that care can be a serious threat to the health of the patient as well as the federal programs they depend upon,” said HHS OIG SAC Derrick L. Jackson. “Together with our law enforcement partners we will be vigilant in pursuing such offenses.”
“Fighting Medicaid fraud has been and will remain a top priority for our office,” said Attorney General Chris Carr. “People who misuse our medical systems divert funds from those in need of care and abuse Georgia taxpayer dollars. We will continue to work with our statewide and national partners to aggressively pursue these instances.”
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program that serves our Warfighters, their family members, and military retirees,” said Special Agent in Charge John F. Khin, Southeast Field Office. “With DoD's limited resources and budgets, DCIS must continue to aggressively investigate fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs.”
The government alleges that Dr. Clavo submitted or caused the submission of false claims to Medicare, Medicaid, and TRICARE for services that were not medically necessary or where there was insufficient information to determine the amount due the provider during the period from January 1, 2014 through June 22, 2015.
The settlement resolves allegations filed by Herretta Pickens and Teresa Williams, former employees of Dr. Clavo, under the qui tam, or whistleblower, provisions of the False Claims Act, which authorize private parties to sue for false claims on behalf of the United States and share in the recovery. The lawsuit was filed in the Northern District of Georgia and is captioned United States & State of Georgia ex rel. Herretta Pickens & Teresa Williams v. Southern Pain Institute, P.C. d/b/a Southern Spine & Pain Institute et al., No. 1:15-cv-2381 (N.D. Ga.). Ms. Pickens and Ms. Williams will receive a share of the settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, the Defense Criminal Investigative Service, and the Georgia State Attorney General’s Medicaid Fraud Control Unit.
The civil settlement was reached by Assistant United States Attorney Lena Amanti and Georgia Assistant Attorney General Sara Vann.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Ohio Man Sentenced to 20 Years in Prison for Plot to Attack U.S. Government OfficersRead the Press Release
Munir Abdulkader, 22, of West Chester, Ohio, was sentenced to 20 years 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 the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Acting Assistant Attorney General for National Security Mary B. 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 Field Division, Police Chief Joel Herzog of the West Chester Police Department, Superintendent Colonel Paul A. Pride of the Ohio State Highway Patrol and Police Chief Eliot Isaac of the Cincinnati Police Department announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
“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,” said U.S. Attorney Glassman.
Abdulkader previously pleaded guilty to attempting to kill officers and U.S. government employees, conspiracy to provide material support to a foreign terrorist organization and possession of a firearm in furtherance of a crime of violence.
Abdulkader’s plan was 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 Abdulkader at the plea hearing, beginning in at least July 2014 and continuing into 2015, Abdulkader expressed his support for 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 U.S.
Abdulkader communicated with Junaid Hussein and the CHS about a plan to kill an identified military employee on account of his position with the U.S. 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.
Abdulkader 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. Abdulkader pleaded guilty to the three charges in the information on March 24 before U.S. District Judge Barrett. The court documents and proceedings were unsealed in July.
Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the investigation of this case by the JTTF. The JTTF is made up of officers and agents from the Cincinnati Police Department; Colerain Police Department in Cincinnati; Dayton Police Department in Dayton, Ohio; Ohio State Highway Patrol; University of Cincinnati Police Department; U.S. Air Force OSI; FBI; U.S. Immigrations and Customs Enforcement; IRS; U.S. Secret Service; U.S. Postal Inspection Service; West Chester Police Department in West Chester, Ohio; and Xenia Police Department in Xenia, Ohio.
The case is being prosecuted by Assistant U.S. Attorney Tim Mangan for the Southern District of Ohio and Trial Attorney Michael Dittoe of the National Security Division’s Counterterrorism Section.
Monticello Man Pleads Guilty to Armed Bank RobberyRead the Press Release
A man who robbed the F&M Bank in Monticello on July 29, 2016, pled guilty today in federal court in Cedar Rapids.
Brandon Brown, 45, from Monticello, Iowa, was convicted of armed bank robbery. In a plea agreement, Brown admitted he took more than $4,000 from the F&M Bank by brandishing a weapon and pointing the weapon at a bank employee.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Brown remains in custody of the United States Marshal and will remain in custody pending sentencing. Brown faces a possible maximum sentence of 25 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-080-LRR.
Meriden Man Sentenced to 15 Years for Engaging in Sex Acts with Minors, Producing Child PornorgraphyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARK W. IRVIN, 65, of Meriden, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 180 months of imprisonment, followed by 15 years of supervised release, for producing child pornography.
According to court documents and statements made in court, on multiple occasions between approximately 2012 and August 2015, IRVIN engaged in sexual acts with three males who were under the age of 18. He also installed and operated a video camera and a digital video recording device at his residence to record the sexual activity.
On September 8, 2015, law enforcement officers conducted a search of IRVIN’s residence and seized several computers, hard drives, electronic storage media and the digital video recording device. During a forensic analysis of the seized evidence, law enforcement found videos that depicted IRVIN engaged in sexual acts with two of the three males. Law enforcement also found videos and images of naked minors that were taken with a hidden camera in IRVIN’s bathroom.
IRVIN has been detained since his arrest on September 18, 2015. On August 31, 2016, he pleaded guilty to one count of production of child pornography.
IRVIN also is charged with related state offenses.
This matter was investigated by the Meriden Police Department, Homeland Security Investigations, and Connecticut State Police. The case was prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Manhattan U.S. Attorney Announces Arrest of New Jersey Man for Selling Designer Drug over the Internet in Violation of the Federal Analogue ActRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Carl J. Kotowski, the Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, announced today the arrest of ANDREW COOK on a charge of distributing and possessing with intent to distribute methoxetamine hydrochloride (“MXE”), an illegal analogue of the hallucinogenic drug.
The defendant had an initial appearance in the District of New Hampshire today before Magistrate Judge Andrea K. Johnstone.
U.S. Attorney Preet Bharara said: “As alleged, Andrew Cook was the sole proprietor of an illegal online distributor of MXE, a dangerous hallucinogenic drug. Thanks to the work of the DEA, Cook has been arrested and his illegal business taken offline.”
DEA Special Agent in Charge Carl J. Kotowski said: “Today, the men and women of DEA have arrested a dangerous individual. Mr. Cook was hiding behind the anonymity of his computer screen. We will continue to pursue those peddling their drugs whether they are selling them on the street or via the internet.”
According to the Complaint[1] unsealed today in Manhattan federal court:
MXE, a designer drug, is an analogue of a controlled substance and has been “designed” to circumvent drug laws. MXE belongs to the same class of drugs as ketamine, phenycyclidine (“PCP”), and PCE. Drugs in this class produce dissociative anesthetic and hallucinogenic effects.
COOK was the sole owner and operator of an internet business, called Downlow Labs, which shipped various drugs, including MXE, to individuals across the country. COOK operated a drug manufacturing facility at his home in Long Branch, New Jersey. A search of COOK’s residence uncovered, among other things, numerous baggies labeled “methoxetamine,” a pill press, masks, beakers, rubber gloves, shipping supplies, invoices, approximately $14,500 in cash, and approximately 395 grams of MXE.
* * *
COOK, 23, of Long Branch, New Jersey, was charged with one count of distributing and possessing with intent to distribute a controlled substance analogue, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
U.S. Attorney Bharara praised the outstanding investigative work of the DEA New Jersey Tactical Diversion Squad, the New Jersey State Police Hazardous Material Unit, the United States Postal Inspection Service, the Long Branch Police Department, and the Monmouth County Prosecutor’s Office.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Dina McLeod is in charge of the prosecution.
[1] As the introductory phase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Man Sentenced to Federal Prison for Drug ChargeRead the Press Release
BOISE – James Brett John, 30, of Kuna, Idaho, was sentenced today to 92 months in prison for the possession of methamphetamine with intent to distribute, U.S. Attorney Wendy J. Olson announced. John was indicted by a federal grand jury on May 10, 2016. He pleaded guilty to the charge on September 13, 2016. Senior U.S. District Judge Edward J. Lodge sentenced John to 8 years of supervised release following his term of imprisonment.
According to information presented in court, Boise Police officers stopped a vehicle in Ada County, Idaho on May 4, 2016. John, who was a passenger in the vehicle, was arrested on a warrant for violating his parole. Police officers found a bag in John’s pants that contained over an ounce of ethamphetamine, baggies, and a digital scale. Officers also located a glove in the vehicle that contained additional methamphetamine, prescription pain pills, and a synthetic drug known as “a-PVP” or “bath salts.” John admitted to police officers that he intended to sell the methamphetamine.
The case is the result of a joint investigation by the Boise Police Department and the Organized Crime and Drug Enforcement Task Force (OCDETF), which includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Man Pleads Guilty to Attempted Enticement of a Minor and Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – David J. Rancourt, age 61, of Palmer, Massachusetts, pled guilty today to attempted coercion and enticement of a minor for prohibited sexual activity, and to having distributed, received, and possessed child pornography.
The announcement was made by U.S. Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
As part of his plea, Rancourt admitted that he posted an online advertisement titled “Dad looking for a son,” in which he solicited sexual role-play encounters with a boy. Following email and instant message exchanges with a Colonie Police Department officer acting undercover, Rancourt travelled to Albany in order to meet at a prearranged time and place to engage in sexual activities with a person he believed to be a 14-year-old boy. He also sent and received child pornography using a phone-based instant messaging application and possessed child pornography on his phone.
Rancourt faces at least 10 years and up to life in prison on the attempted coercion and enticement charge, and at least 5 years and up to 20 years in prison for receiving and distributing child pornography. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. 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. U.S. District Judge Mae A. D’Agostino is scheduled to sentence Rancourt on March 23, 2017.
This case was investigated by the Colonie Police Department and the FBI, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Lockport Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Bob Odrzywolski, 73, of Lockport, NY, who was convicted of being a felon in possession of firearms, was sentenced to time served and three years supervised release by U.S. District Judge Elizabeth A. Woldford.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that the defendant, a convicted federal felon, obtained ammunition from a local retailer. Subsequently, a search warrant was executed at Odrzywolski’s Crosby Road residence. During the search, officers recovered seven handguns and approximately 6000 rounds of ammunition. The defendant was previously convicted of a federal crime and could not legally possess firearms.
The sentencing is the result of an investigation by the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.Justice Department Files Housing Discrimination Suit Against Tinley Park for Refusing to Approve Low-Income Housing DevelopmentRead the Press Release
WASHINGTON – The Justice Department filed a civil lawsuit today against the village of Tinley Park, alleging that the southwest suburb violated the Fair Housing Act when it refused to approve a low-income housing development in response to race-based community opposition.
The suit alleges that in 2015, the Buckeye Community Hope Foundation sought to build a 47-unit apartment complex for low-income individuals just outside of Tinley Park’s downtown. The project would be financed through Low Income Housing Tax Credits administered by the Illinois Housing and Development Authority. The suit alleges that Tinley Park discriminated against prospective tenants of the proposed development when it refused to approve the project despite the Tinley Park Planning Department’s finding that the project was in “precise conformance” with the applicable building requirements. Under Tinley Park’s zoning ordinances, Tinley Park’s Plan Commission should have approved the project and allowed construction to begin. Instead, the lawsuit alleges that in response to vocal and, at times, race-based community opposition, Tinley Park trustees requested the Plan Commission table consideration of the project. The Plan Commission did so, stalling the project indefinitely.
“Our office is committed to fighting unlawful discrimination wherever it occurs, including in fair housing,” said United States Attorney Zachary T. Fardon of the Northern District of Illinois. “Where appropriate, we will pursue local governments that try to reduce affordable housing opportunities for discriminatory purposes.”
“The Fair Housing Act requires that cities make housing-related zoning and land use decisions based on the merits – not on race,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department's Civil Rights Division. “When discrimination interferes with the housing and zoning approval process, entire communities suffer.”
The lawsuit was filed in the U.S. District Court for the Northern District of Illinois. The suit seeks a court order requiring Tinley Park to approve the development and to take other action to ensure compliance with the Fair Housing Act. It also seeks monetary damages for persons harmed by Tinley Park’s actions as well as a civil penalty. A separate suit brought by Buckeye against Tinley Park is also pending in the Northern District of Illinois.
The lawsuit is an allegation of unlawful conduct. The allegations must still be proven in federal court.
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
Justice Department Files Housing Discrimination Lawsuit Against Tinley Park, Illinois, for Refusing to Approve Low-Income Housing DevelopmentRead the Press Release
The Justice Department filed a civil lawsuit today against the village of Tinley Park, Illinois, alleging that the suburb of Chicago violated the Fair Housing Act when it refused to approve a low-income housing development in response to race-based community opposition.
The suit alleges that in 2015, the Buckeye Community Hope Foundation sought to build a 47-unit apartment complex for low-income individuals just outside of Tinley Park’s downtown. The project would be financed through Low Income Housing Tax Credits administered by the Illinois Housing and Development Authority. The suit alleges that Tinley Park discriminated against prospective tenants of the proposed development when it refused to approve the project despite the Tinley Park Planning Department’s finding that the project was in “precise conformance” with the applicable building requirements. Under Tinley Park’s zoning ordinances, Tinley Park’s Plan Commission should have approved the project and allowed construction to begin. Instead, the lawsuit alleges that in response to vocal and, at times, race-based community opposition, Tinley Park trustees requested the Plan Commission table consideration of the project. The Plan Commission did so, stalling the project indefinitely.
“The Fair Housing Act requires that cities make housing-related zoning and land use decisions based on the merits – not on race,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “When discrimination interferes with the housing and zoning approval process, entire communities suffer.”
“Our office is committed to fighting unlawful discrimination wherever it occurs, including in fair housing,” said U.S. Attorney Zachary T. Fardon of the Northern District of Illinois. “Where appropriate, we will pursue local governments that try to reduce affordable housing opportunities for discriminatory purposes.”
The lawsuit was filed in the U.S. District Court for the Northern District of Illinois. The suit seeks a court order requiring Tinley Park to approve the development and to take other action to ensure compliance with the Fair Housing Act. It also seeks monetary damages for persons harmed by Tinley Park’s actions as well as a civil penalty. A separate suit brought by Buckeye against Tinley Park is also pending in the Northern District of Illinois.
The lawsuit is an allegation of unlawful conduct. The allegations must still be proven in federal court.The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
Illegal Alien Sentenced to More Than Fifteen Years for Possession with Intent to Distribute HeroinRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Fredy Herney Nieto-Marin (37, Revere, Massachusetts) to 15 years and 8 months in federal prison for possession with intent to distribute heroin. Because Nieto-Marin (a Columbian citizen) is an illegal alien, he is subject to deportation after serving his prison term. Nieto-Marin pleaded guilty on January 19, 2016.
According to court documents, Nieto-Marin met with a confidential source (CS) working for the Drug Enforcement Administration regarding potential drug deals. Nieto-Marin met with the CS on Nieto-Marin’s way back to Massachusetts, after dropping off $45,000 for a prior drug deal. During the meeting with the CS, Nieto-Marin told the CS about a large amount of heroin that was hidden inside Nieto-Marin’s car. A police canine subsequently located approximately 453 grams of heroin that had been concealed inside a hidden compartment in Nieto-Marin’s car.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Illegal Alien Sentenced to More Than Fifteen YearsRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Fredy Herney Nieto-Marin (37, Revere, Massachusetts) to 15 years and 8 months in federal prison for possession with intent to distribute heroin. Because Nieto-Marin (a Columbian citizen) is an illegal alien, he is subject to deportation after serving his prison term. Nieto-Marin pleaded guilty on January 19, 2016.
According to court documents, Nieto-Marin met with a confidential source (CS) working for the Drug Enforcement Administration regarding potential drug deals. Nieto-Marin met with the CS on Nieto-Marin’s way back to Massachusetts, after dropping off $45,000 for a prior drug deal. During the meeting with the CS, Nieto-Marin told the CS about a large amount of heroin that was hidden inside Nieto-Marin’s car. A police canine subsequently located approximately 453 grams of heroin that had been concealed inside a hidden compartment in Nieto-Marin’s car.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Houston Man Sentenced on Drug Charge Involving LRGP GangRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Earl Brown, Sr., 55, of Houston, Texas, who was convicted of conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine and money laundering conspiracy, was sentenced to 135 months in prison by U.S. District Judge Lawrence J. Vilardo.
According to Assistant U.S. Attorney George C. Burgasser, who handled the case, Franklin Richards was a major supplier of cocaine to a drug trafficking organization in Buffalo known as L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. Richards obtained multiple kilograms of cocaine on a regular basis from the defendant Earl Brown which was shipped or transported from the Houston area to Buffalo. Richards then distributed cocaine to Dewayne Gray, who was the leader of the L.R.G.P. organization. Gray, in turn, processed much of the cocaine into crack cocaine which was later sold by various L.R.G.P. members. The cocaine was sold at various locations in the Broadway/Fillmore area of Buffalo.
Brown was also involved in money laundering activities. On December 14, 2012, Franklin Richards attempted to send $112,000 in drug proceeds to the defendant but the money was seized at the Buffalo Niagara International Airport.
Brown was arrested along with seven other defendants; all have been convicted.
The sentencing is the culmination of an investigation on the part of: Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the New York State Police, under the direction of Major Steven Nigrelli; and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
High School Teacher Arrested for Possessing and Receiving Child PornographyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (“HSI”), and George P. Beach II, the Superintendent of the New York State Police (“NYSP”), announced the arrest of NICHOLAS PAGLIUCA, a teacher at a high school in the town of Mamaroneck, stemming from his possession and receipt of child pornography. PAGLIUCA was arrested today and will be presented today before United States Magistrate Judge Judith C. McCarthy in White Plains federal court.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Nicholas Pagliuca, a teacher at a local high school, tapped into a website full of illegal child pornography to download images and videos. Investigation and prosecution of these crimes are critical in protecting our children.”
HSI Special Agent-in-Charge Angel Melendez said: “Individuals who take pleasure in downloading videos and photos of young children being sexually exploited need to be brought to justice, especially those whose jobs give them access to children, as in this case. HSI is putting child predators on notice that we will not stop tracking and arresting these depraved individuals until the threat to children is no more.”
Superintendent George P. Beach II said: “Anyone involved in child pornography, promoting the acts of child predators, or who performs predatory acts against children must understand that such crimes will not be tolerated. We will continue to work with our partners to thoroughly investigate and prosecute these illicit activities. Children must be protected, not preyed upon.”
According to the Complaint[1] filed today in federal court:
In October 2012, an individual who was later identified as PAGLIUCA registered for a 30-day subscription to a website that is a popular means for individuals to trade child pornography images and videos. PAGLIUCA downloaded hundreds of files containing images and videos of child pornography, many of which depicted prepubescent children engaged in sexual activity with adults or other children. Using the email address PAGLIUCA used to register with the website, agents with HSI and officers of the NYSP confirmed PAGLIUCA’s identity and his occupation as a teacher at a public high school in Mamaroneck, New York. PAGLIUCA was arrested at his residence in Somers, New York.
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NICHOLAS PAGLIUCA, 65, of Somers, New York, is charged with one count of possession of child pornography (Count One), which carries a maximum sentence of 20 years in prison, and one count of receipt of child pornography (Count Two), which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Any individuals who believe they have information concerning NICHOLAS PAGLIUCA that may be relevant to the investigation should contact HSI at through its toll-free hotline at 1-866-DHS-2ICE; TTY for hearing impaired: (802) 872-6196. This hotline is staffed around-the-clock by investigators.
Mr. Bharara praised the efforts of HSI and the New York State Police in this investigation. He added that the investigation is continuing.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Gillian Grossman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.
Fort Defiance Couple Sentenced to Prison for Health Care FraudRead the Press Release
PHOENIX – This week, Sylvia Begay, 50, of Fort Defiance, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 28 months in federal prison, followed by a three-year term of supervised release, and ordered to pay more than $2.1 million in restitution. Additionally, Virgil Begay, 53, of Fort Defiance, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 21 months in federal prison, followed by a three-year term of supervised release, and ordered to pay more than $1.3 million in restitution. The Begays had previously pleaded guilty to health care fraud.
The Begays generated millions of dollars in fraudulent payments to themselves by falsely billing Arizona’s Health Care Cost Containment System (AHCCCS) for tens of thousands of medical transports that never occurred. AHCCCS is Arizona’s Medicaid agency that offers health care programs to Arizona residents who meet certain income and other requirements. The Begays owned and operated companies that provided non-emergency medical transportation for AHCCCS recipients on the Navajo reservation. From December 2010 through May 2013, Ms. Begay’s company, Hozho Nahasdlii Health Care at Home, submitted more than 24,000 false claims to AHCCCS for medical transports that never occurred, generating approximately $2,174,207 in fraudulent payments from AHCCCS to Ms. Begay. From May 2012 through May 2013, Mr. Begay’s company, Beauty Way Transport, submitted more than 16,000 false claims to AHCCCS for medical transports that never occurred, generating approximately $1,367,588 in fraudulent payments from AHCCCS to Mr. Begay.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Bridget Minder and Peter Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-15-08252-GMS-PHX
RELEASE NUMBER: 2016-098_Begay
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former U.S. Air Force Fire Chief Pleads Guilty to Procurement Violation and Wire FraudRead the Press Release
WASHINGTON – U.S. Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that James E. Podolske Jr., 59, of Panama City, Florida, pleaded guilty yesterday to one count of wire fraud and a violation of the Procurement Integrity Act.
Pursuant to the terms of a plea agreement, Podolske acknowledged that while an official with the U.S. Air Force, he knowingly disclosed defense department contract bid information to give a competitive advantage to a corporate defense contractor.
Podolske further acknowledged that between 2009 and 2013, he used his position as Chief of Air Force Fire Services to defraud approximately 25 business entities or individuals out of tens of thousands of dollars per year intended for charity. Podolske organized an awards banquet and “charity” golf outing to coincide with a conference sponsored by the International Association of Fire Chiefs. Podolske admitted that he actively solicited donations for his golf outing from contractors and subcontractors who sought to do business with the Air Force and Department of Defense, including several in the Eastern District of Wisconsin. Some of the donations were forwarded to charities as intended; however, many donations were deposited in Podolske’s personal bank account. He acknowledged using these charitable donations for his personal expenses, including to pay off credit card debt, pay for vacations and for gambling at Gulf Shore casinos.
At sentencing, Podolske faces up to 25 years in prison, $500,000 in fines and three years of supervised release. The government will also seek the forfeiture of assets equivalent to the proceeds of his criminal activity. Pursuant to the terms of the plea agreement Podolske resigned his position as Fire Chief of the U.S. Air Force effective Oct. 21, 2016.
The U.S. Air Force Office of Special Investigations, the FBI, the Defense Criminal Investigation Service and the Naval Criminal Investigation Service investigated the case. Assistant U.S. Attorney Daniel R. Humble of the Eastern District of Wisconsin is prosecuting the case.
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Former Lincolnton Resident Pleads Guilty to Failing to Report Federal Prison, Contempt of CourtRead the Press Release
CHARLOTTE, N.C. – Dania Ramos, 41, formerly of Linconton, N.C., appeared before U.S. Magistrate Judge David C. Keesler today and pleaded guilty to failing to report to federal prison and contempt of court, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Rose is joined in making today’s announcement by Thomas J. Holloman III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI).
According to filed documents and today’s court proceedings, on March 20, 2012, U.S. District Court Judge Robert J. Conrad, Jr. sentenced Ramos to 48 months in prison for her role in a false claims conspiracy, in case number 3:11cr75-04. The conviction stemmed from Ramos’s role in a conspiracy to defraud the government by filing fraudulent tax returns seeking refunds totaling more than $5 million, by using stolen identity information of individuals in Puerto Rico.
At her sentencing hearing, Ramos was ordered to abide by the previously imposed conditions of release, including that she immediately advise the court, defense counsel, and the U.S. Attorney in writing before any change of address; that she surrender to serve any sentence imposed; and that she travel only in the Western District of North Carolina. Ramos was specifically advised by the court that the U.S. Marshals would send her a letter telling her when she would begin serving her sentence.
According to filed documents and today’s court proceedings, on April 16, 2012, the U.S. Probation Office received information that Ramos could not be located or contacted. On or about May 8, 2012, the U.S. Marshals Service sent a report notification to Ramos via certified mail directing Ramos to report to FCI/SFF Hazelton WV on June 12, 2012. Ramos failed to report as required and her whereabouts remained unknown until December 23, 2015, when Ramos was arrested at the border of Mexico and the United States in Texas attempting to enter the United States.
Ramos is currently in federal custody. The failure to report charge carries a maximum prison term of 5 years and a $250,000 fine. The criminal contempt charge carries a maximum prison term of life imprisonment or a fine. A sentencing date for the defendant has not been set yet.
The investigation was handled by the IRS-CI. The prosecution for the government is being handled by Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte.
Former Attorney Sentenced for Veterans’ Benefits FraudRead the Press Release
BOSTON – A former attorney was sentenced yesterday in U.S. District Court in Boston in connection with a scheme to defraud a veteran.
Matthew J. McCarthy, 48, of Lowell, Mass., was sentenced by U.S. District Court Judge F. Dennis Saylor, IV, to six months in prison, six months of home confinement, and ordered to pay restitution of $36,105. In August 2016, McCarthy pleaded guilty to one count of theft of public money.
In early 2000, McCarthy, an attorney at the time, was appointed as a guardian for a 64-year old veteran. Between October 2009 and March 2011, McCarthy appropriated the benefits deposited into the veteran’s bank account by the Department of Veterans’ Affairs. McCarthy wrote checks to himself and third parties from the veterans’ bank account, endorsed and cased the checks, appropriating approximately $36,000.
United States Attorney Carmen M. Ortiz and Donna Neves, Special Agent in Charge of the Department of Veterans Affairs, Office of the Inspector General, Northeast Field Office, made the announcement. Assistant U.S. Attorney Giselle J. Joffre of Ortiz’s Major Crimes Unit prosecuted the case.
Florida Woman Guilty of Interstate Stolen Credit Card SchemeRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Chelsea Miller, age 19, of Stuart, Florida, pleaded guilty on November 22, 2016, before United States District Court Judge John E. Jones, III, to conspiring to use stolen credit cards.
According to United States Attorney Bruce D. Brandler, Miller conspired with others to use stolen credit cards to purchase electronic merchandise and gift cards from stores in central Pennsylvania, such as Target and Best Buy. The defendants engaged in this conduct for approximately eight months from 2014 to 2015. Miller and her co-defendants travelled from Florida to Pennsylvania breaking into cars to steal credit cards and identification documents in order to buy iPads, iPods, MacBooks and other electronic merchandise and gift cards.
The case was investigated by the United States Secret Service, the Lower Paxton Township Police Department, and numerous other law enforcement agencies. The case was prosecuted by Assistant United States Attorney William A. Behe.
The maximum penalty under federal law is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Five Men Convicted and Sentenced for Illegal ReentryRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Michael Cruz Mejia, 21, and Sinai Aguilar-Rodriguez, 30, originally from Mexico but most recently of Buffalo, NY, along with Salustio Lopez-Marquez, 38, Everardo Lopez-Marquez, 36, and Joanathan Lopez-Marquez, 22, originally from Mexico but most recently of Cheektowaga, NY, pleaded guilty to illegal re-entry into the United States and were sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr.
Special Assistant United States Attorney Brian J. Counihan, who handled the case, stated that the five defendants were taken into custody in the early morning hours of August 8, 2016, while playing basketball in Orchard Park. The defendants were found in the United States after having been previously deported and removed from the United States to Mexico.
Joanathan Lopez-Marquez was previously removed from the United States on one occasion. Cruz-Mejia, Aguilar-Rodriguez, Salustio Lopez-Marquez had each previously been removed twice, while Everardo Lopez-Marquez had previously been removed three times. Following sentencing, United States Immigration and Customs Enforcement took custody of the defendants. All five worked for Sergio Ramses Mucino who was arrested on October 18, 2016, on charges of harboring illegal aliens.
The pleas and sentencings are the result of an investigation by the Orchard Park Police Department, under the direction of Chief Mark Pacholec, U.S. Border Patrol, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
Fairhope Doctor Charged with Illegal Drug DistributionRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Richard Snellgrove, M.D. of Fairhope, Alabama has been indicted and arraigned on charges that he prescribed various Controlled Substances outside the usual course of professional practice and not for a legitimate medical purpose.
The six-count Indictment alleges that on five different occasions, Dr. Snellgrove prescribed Controlled Substances in the names of different individuals knowing and intending that the Controlled Substances go to an individual identified in the Indictment as “M.R.” These five prescriptions were for methadone, hydrocodone, lorazepam, and fentanyl. All five of these prescriptions were allegedly written outside the usual course of professional practice and not for a legitimate medical purpose. Count Six alleges that on August 18, 2016, Dr. Snellgrove prescribed 75mcg/hr fentanyl patches directly to M.R. outside the usual course of professional practice and not for a legitimate medical purpose.
“It is disheartening when trusted professionals are engaged in the diversion of controlled substances,” said DEA Special Agent in Charge Stephen G. Azzam. “Doctors have an obligation to ensure that prescription medications are getting into the hands of legitimate patients. This investigation is the result of DEA’s continued commitment to hold accountable those who participate in illegally dispensing Controlled Substances in our communities,” stated Azzam.
“The West Bend Police Department and the City of West Bend want to thank the DEA agents in Alabama, and the U.S. Attorney's Office in the Southern District of Alabama for their outstanding work and level of cooperation with the City of West Bend Police Department in clearing this case,” said Chief Kenneth Meuler, City of West Bend Police Department. “We have all experienced way too many deaths in our communities due to prescription drug abuse. Investigations and indictments like today’s are steps that will save lives in the future,” stated Meuler.
This matter was investigated by DEA-Mobile and the West Bend, Wisconsin Police Department. This case will be prosecuted by the U.S. Attorney’s Office for the Southern District of Alabama.
As in all criminal cases, an Indictment is only an allegation made by a grand jury. Dr. Richard Snellgrove is presumed innocent until proven guilty.
Fairhaven Man Sentenced for Making Hoax Distress Calls to U.S. Coast GuardRead the Press Release
BOSTON – A Fairhaven man was sentenced yesterday in U.S. District Court in Boston in connection with sending three false distress messages to the U.S. Coast Guard over the radio.
Roger Martin, 47, was sentenced by U.S. District Court Judge Richard G. Stearns to one year of probation and ordered him to pay $7,182 in restitution to the U.S. Coast Guard. In August 2016, Martin pleaded guilty to three counts of sending false distress messages to the U.S. Coast Guard and one count of identity fraud.
Martin, in three separate calls, claimed that he was on a boat in the Cape Cod Canal that was sinking. During the calls he impersonated a resident of Fairhaven, providing a name, street address and, on one occasion, date of birth. Martin had obtained the date of birth through the improper use of a law enforcement database through his former employment as a Bristol Country Sheriff’s dispatcher. In response to the calls, the U.S. Coast Guard and local law enforcement expended resources ascertaining that there was no true emergency and attempting to track down the hoax caller.
United States Attorney Carmen M. Ortiz, Richard Cox, Special Agent in Charge of the U.S. Coast Guard Investigative Service and Chief Michael Myers of the Fairhaven Police Department, made the announcement. The case was prosecuted by Assistant U.S. Attorney Giselle J. Joffre of Ortiz’s Major Crimes Unit.
Ex- Network Engineer Sentenced for Cyber Attack on Former Employer and ClientsRead the Press Release
BOSTON – A Massachusetts man was sentenced yesterday in U.S. District Court in Boston for hacking into and damaging the computer networks of his former employer and three of his former clients.
Kamlesh Patel, 39, of Lowell, was sentenced by U.S. District Court Judge Leo T. Sorokin to 24 days in jail, one year of home detention and five years of probation and ordered him to pay $137,896. In July 2016, Patel pleaded guilty to causing damage without authorization to internet-connected computers and using means of identification to commit the offenses.
Patel worked as a senior network engineer at Northborough-based Baesis Inc., a company that offered network maintenance and security services. In October 2010, after Baesis terminated Patel, he used a colleague’s network credentials to access Baesis’ computer network and delete the company’s image server, a computer that stored copies of clients’ network configurations.
Beginning in late January 2011, Patel again used his former colleague’s credentials to access Baesis’ network and access the networks of three former clients. Patel used specialized software to delete data from all four companies’ networks. Following Patel’s actions, the victim companies temporarily lost use of their networks, including internet and e-mail access. One company lost access to its internet telephone system for several weeks.
United States Attorney Carmen M. Ortiz and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The U.S. Attorney’s Office acknowledges Baesis, Inc. for its assistance with the investigation. Assistant U.S. Attorney Seth B. Kosto of Ortiz’s Cybercrime Unit prosecuted the case.
El Salvadoran Man Who Fled from Law Enforcement Officers Charged with Illegal Reentry After DeportationRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Francisco Obidio Portillo-Fuentes (26, El Salvador) with illegally reentering the United States after having been deported. If convicted, he faces a maximum penalty of two years in federal prison. Portillo-Fuentes made his initial appearance in federal court today, in Jacksonville, and was ordered temporarily detained. A formal detention hearing is set for November 28, 2016, at 2:00 p.m.
According to the
criminal complaint , Portillo-Fuentes was a passenger in a pick-up truck parked at a Gate gas station in Yulee, Florida on November 22, 2016, when the truck was approached by a uniformed Border Patrol agent. The driver of the pick-up truck was engaged in a conversation with the Border Patrol agent when Portillo-Fuentes exited the truck and fled on foot. Two Nassau County Sheriff’s Office deputies, who were in the area for an unrelated call, gave chase. An extensive search for Portillo-Fuentes was conducted throughout the day on November 22, 2016, and Portillo-Fuentes was located and arrested by the U.S. Marshals and Jacksonville Sheriff’s Office deputies that evening.After being arrested, Portillo-Fuentes told Border Patrol agents that he had been born in El Salvador and had last entered the United States on or about November 19, 2016, by wading across the Rio Grande river near Laredo, Texas. Computer database checks confirmed that Portillo-Fuentes had been previously deported from the United States on two separate occasions, in 2011 and 2016.
A criminal complaint is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Border Patrol, with assistance from the U.S. Marshals Service, the Nassau County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Florida Highway Patrol, and U.S. Customs and Border Protection - Field Operations. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.
CEO of Berlin, New Hampshire Business Sentenced in Multi-Million Dollar Bank Fraud Case and Outside Accountant Pays Civil PenaltyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Arnold Hanson, 66, of Nashua, New Hampshire, was sentenced by Chief Judge Christina Reiss yesterday based on his conviction for conspiracy to make false statements to a financial institution. Chief Judge Reiss sentenced Hanson to six months of home confinement and six months of curfew as part of a three-year term of supervised release. The court also sentenced Hanson to pay $300,000 in restitution by January 1, 2017.
As part of the sentencing, Hanson admitted to submitting or causing to be submitted inflated figures for assets of Isaacson Structural Steel, Inc., including inventory, to Passumpsic Savings Bank, and other banks participating in loans totaling over $12 million, including a $2 million loan guaranteed by the Small Business Administration in late 2010. Hanson was part owner and Chief Executive Officer of ISSI, which before its bankruptcy was one of the largest businesses in the North Country. ISSI fabricated steel used in commercial construction. It entered into construction contracts to provide not only the steel for commercial buildings but also to provide subcontractor services, principally the erection of the steel. ISSI purchased steel and fabricated the various pieces of steel needed for each contract at its Berlin, Hampshire location and then shipped the steel to building sites. Several weeks ago, ISSI’s CFO Steven Griffin was sentenced to two years of home confinement based on his guilty plea to submitting false financial statements.
According to court records, between August 2007 and April 2011, ISSI officers regularly submitted false and inflated figures to the banks regarding the value of ISSI’s assets. ISSI submitted these false statements about assets in borrowing base certificates and financial statements. ISSI regularly inflated its assets by a million dollars or more. For example, in August 2007, ISSI officers discussed, and then submitted to the bank, inflated figures for the amount of money owed to ISSI for work done in connection with 303 Third St., a construction project in Boston. In early 2011, officers participated in the submission of an ISSI’s draft financial statement for the financial year 2010, which contained significant overstatements about ISSI’s inventory. That financial statement had an inventory representation of approximately $12 million dollars. In fact, the value of the inventory was less than $2 million. Inventory was thus inflated by over $10 million. In April 2011, the banks learned about issues with ISSI’s inventory figures. By June 2011, ISSI was in bankruptcy, and its assets were later liquidated. In the end, the banks lost millions of dollars as a result of the fraud. At the sentencing hearing, the government represented its view that Griffin was more culpable than Hanson. Indeed, at times, Griffin lied to Hanson when he asked about financial information.
At the sentencing hearing, Hanson asked the Court to sentence him below the advisory sentencing guideline range of 46 to 57 months in jail. The government also moved for a below guidelines sentence in light of Hanson’s substantial cooperation in the investigation and prosecution of Griffin. Chief Judge Reiss agreed that in light of a variety of factors a jail sentence should not be imposed. The Court imposed a limit on Hanson’s freedom by imposing a lengthy period of home confinement and curfew.
This week, David Driscoll, ISSI’s outside accountant, agreed to settle a related, civil bank fraud case. The government filed a civil complaint alleging that Driscoll participated in the filing of false financial information on behalf of ISSI. Driscoll had responsibility for the yearly audit of ISSI’s assets, and according to the complaint knowingly prepared audit information that he knew contained inflated assets. At the time, Driscoll also served as a member of the Passumpsic Savings Bank board of directors. Driscoll agreed to pay a total of $100,000 in penalties associated with his conduct as an outside accountant. The government gave Driscoll credit for other penalties and costs that Driscoll has paid in connection with his conduct, including a civil penalty paid to the Federal Deposit Insurance Corporation, which regulates financial institutions. Driscoll has paid the federal government an additional $37,000 to settle the pending civil case. As part of the settlement, Driscoll did not admit liability in connection with the allegations in the complaint, which has been dismissed in light of the settlement.
The United States is represented in this matter by Assistant U.S. Attorneys Paul Van de Graaf and Timothy Doherty. Hanson is represented by George Ostler, Esq. Driscoll is represented by Craig Nolan, Esq. The investigation was conducted by the Federal Bureau of Investigation, the Office of Inspector General for the Federal Deposit Insurance Corp., and the Office of Inspector for the Small Business Administration.
Bowman Man Sentenced for Importing "Molly" from ChinaRead the Press Release
Contact Person: Jane B. Taylor (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Bradley Lewis Felder, 27, was sentenced by United States District Court Judge Terry L. Wooten to a term of imprisonment of 144 months, or 12 years. Felder pled guilty in June of this year to his involvement in a Conspiracy to Possess with Intent to Distribute and to Distribute a Quantity of 3,4-Methylenedioxyethylcathinone Hydrochloride (commonly known as "Molly") and 50 kilograms of more of Marijuana, a violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846.
At Felder’s guilty plea hearing, an attorney for the Government told Judge Wooten that, in the summer of 2013, agents from the Drug Enforcement Administration began investigating Bradley Felder who they learned was involved in the importation and distribution of both high-grade marijuana and “molly” in and around Richland and Lexington Counties. As the investigation progressed, agents established that Felder was importing high-grade marijuana from northern California, and “molly” from an unknown source of supply in China. Agents discovered that Felder rented various houses and apartments in and around Richland and Lexington Counties for the primary purpose of using the addresses to receive shipments of “molly.” Felder paid friends to accept the delivery of the drug packages; sometimes he paid in cash, other times he paid with marijuana.
During the investigation that led to Felder’s arrest, agents intercepted approximately 9 packages of “molly,” each containing kilogram quantities, being shipped to South Carolina from China, and seized approximately $150,000 in cash from Felder. On August 31, 2015, Special Agents and Task Force Officers of the Midlands HIDTA group arrested Felder, in the parking garage of the Gates of Williams Brice apartments. Following Felder’s arrest, agents seized an additional $47,837.90 cash, a loaded .45 caliber pistol, and two watches valued at approximately $64,000.00. Agents also seized several cell phones from Felder; one of those phones held photographs of huge amounts of money. One picture, taken in Felder’s apartment a month prior to his arrest, showed money stacked on the kitchen counter. The money had been heat-sealed in plastic, and stacked in large bundles. Another photograph showed a small closet and on the shelves of the closet were large Tupperware-like containers full of cash.
Agents confronted Felder about the money that was pictured on his phone. On February 2, 2016, Felder led agents to a location where he had buried a large bag of money in Bowman, SC. Agents seized the bag which contained over $1.7 million dollars. [Photograph attached.]
At sentencing, Judge Wooten ordered Felder to forfeit the money that had been seized from him; Judge Wooten’s order included a money judgment against the defendant in the amount of $11 million dollars.
The case was investigated by agents of the Midlands HIDTA Task Force, comprised of agents from South Carolina Law Enforcement Division (SLED), the Kershaw County Sheriff’s Office, the Orangeburg County Sheriff’s Office, Orangeburg Public Safety, the Columbia Police Department, the 5th Circuit Solicitor’s Office, the Richland County Sheriff’s Office and the Lexington County Sheriff’s Office, and with assistance from the United States Postal Service and Homeland Security Investigation. Assistant United States Attorney Jane B. Taylor of the Columbia office prosecuted the case.
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Bluffton Woman Indicted for Bank Fraud and Wire FraudRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Charleston, South Carolina ---- Acting United States Attorney Beth Drake announced today that on November 9, 2016, Lecelle Theresa Montgomery of Bluffton, South Carolina, was charged in a 10 count Indictment with Bank Fraud (5 counts), a violation of 18 U.S.C. §1344, and Wire Fraud (5 counts), a violation of 18 U.S.C. §1343.
The indictment alleges that beginning in or about 2008, and continuing to about 2012, Montgomery knowingly executed a scheme to commit Bank Fraud by obtaining money under the control of a financial institution by means of false and fraudulent pretenses, promises and representations.
With regard to the 5 counts of Wire Fraud, the indictment alleges that during the same period, Montgomery, acting as a financial advisor, authorized to use a credit card belonging to an investor for incidental expenses related to the investor’s illness, devised a scheme to defraud an investor by means of false and fraudulent pretenses, promises, and representations by using the investor’s credit card to make personal purchases.
The maximum penalties that Montgomery could receive for Bank Fraud is 30 years imprisonment and a $1,000,000 fine. The maximum penalties she could receive for Wire Fraud is 20 years imprisonment, a fine of $250,000, supervised release of not more than 3 years, and a $100 fine.
The case was investigated by the Federal Bureau of Investigation and is assigned to Assistant United States Attorney Matt Austin of the Charleston office for prosecution.
Ms. Drake stated that the charges in this Indictment are merely accusations and that the remaining defendants are presumed innocent until and unless proven guilty.
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Ballston Spa Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Parker S. Sikand, age 24, of Ballston Spa, New York, pled guilty today to distributing, receiving and possessing child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Sikand admitted that while living in Troy, New York, in September and October 2012, he distributed, received and possessed videos depicting children, some as young as 2-3 years old, engaged in sexual acts. He admitted to distributing and receiving these videos through an Internet peer-to-peer file-sharing service, and to possessing them on a laptop computer and a separate computer hard drive.
Sikand faces at least 5 years and up to 20 years in prison, a fine of up to $250,000, a term of post-imprisonment supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. 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. U.S. District Judge Mae A. D’Agostino is scheduled to sentence Sikand on March 23, 2017.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Albany Felon Pleads Guilty to Possessing Semi-Automatic Rifle and HandgunRead the Press Release
ALBANY, NEW YORK – Jason Twiss, age 28, of Albany, New York, pled guilty yesterday to illegally possessing two firearms, attempting to possess heroin with the intent to distribute it, and carrying firearms in relation to a drug trafficking crime.
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, Twiss admitted that on December 10, 2014, he drove to Kingston, New York, for the purpose of purchasing heroin that he could then sell. While parked in the Kingston Hospital parking lot, Twiss carried and displayed a loaded Ruger .22 caliber semi-automatic rifle with a 30-round magazine, and a loaded Glock 9 millimeter semi-automatic pistol, to guard against the potential theft of the money he had brought to purchase the narcotics.
As a felon, Twiss could not legally possess either the Ruger or the Glock.
Twiss faces at least 5 years and up to life in prison, a fine of up to $750,000, and a term of post-imprisonment supervised release of at least 3 years and up to life when he is sentenced on March 13, 2017 by Senior U.S. District Judge Thomas J. McAvoy. 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 ATF and the Kingston Police Department, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
A Thanksgiving Message from U.S. Attorney Deirdre Daly: Stand up to HateRead the Press Release
This Thanksgiving, particularly after our highly-contested presidential election, is a time to reflect on our country’s bedrock principles. These values include our commitment to tolerance and cultural understanding, our celebration of diversity and our respect for our fellow citizens, no matter their race, religion, ethnicity, sexual orientation or political viewpoint. Over the last year and particularly the last few weeks in Connecticut and throughout the country, we have seen these values increasingly give way to hatred, intolerance and bigotry.
Recently, such incidents have escalated. In New Haven, swastikas were painted on walls and doors of Wilbur Cross High School. In Danbury, swastikas were painted on a home and a car. In Ridgefield, a synagogue received mail with swastikas and pictures of Nazis. In East Windsor, a video surfaced of an individual dressed in Ku Klux Klan garb riding a motorcycle around a bonfire. In Windsor Locks, a Jewish man was verbally harassed because of his faith. In Meriden, two men attacked a man who held a sign supporting the President-elect. There are reports of Muslim children and children of immigrants being bullied in schools. And just over one year ago, a man fired four bullets from a high-powered rifle into the Baitul Aman Mosque in Meriden. He was subsequently convicted of a federal hate crime.
Last week, the FBI released its statistics on hate crimes committed in 2015. In Connecticut, 44 law enforcement agencies reported 93 hate-related incidents. Nationally, there were more than 7,000 victims of such crimes. These numbers are deeply sobering for all Americans. Equally disturbing, the FBI report showed a 67 percent increase in hate crimes committed against Muslim Americans as well as increases in these crimes against Jewish people, African Americans and LGBT individuals. Overall, reported hate crimes increased by six percent from the prior year – a number that does not account for those hate crimes that may go unreported out of the victims’ shame, fear or desire not to stand out further and bystanders’ belief that others will report the incident.
The Connecticut United States Attorney’s Office, together with local, state and federal law enforcement, is committed to enforcing the broad array of hate crimes laws that protect vulnerable minorities. Last month marked the seventh anniversary of one of those laws: The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. This landmark statute was named for two men who were killed for the most un-American of reasons – because they were different from their attackers – Matthew Shepard in his sexual orientation and James Byrd Jr. in his race. This Act is just one of the tools available to law enforcement and prosecutors working to combat any discriminatory or violent acts that erode our diverse democracy.
But we cannot act on incidents that we do not know about, and we cannot understand the true scope of the problem without accurate reporting. My office is encouraging those local law enforcement agencies who do not participate in reporting hate-related incidents to the FBI to join the 95 agencies statewide that do. We are also training local law enforcement officers about hate crimes laws and cultural competency so that they are better equipped to assess situations they may encounter.
Above all, I ask each of you to take a stand against hate. Serve as an ally if you witness harassment or, worse, violence against your fellow citizens. Record video of incidents that can be used for investigations. And most importantly, report any incidents to your local police department or to the FBI. Your vigilance can help us ensure the freedom to which all Americans are entitled.
Deirdre M. Daly
U.S. Attorney, District of Connecticut
November 23, 2016
22 November 2016
Vagos Motorcycle Club Prospect Indicted on Federal Drug ChargesRead the Press Release
BOISE – David Allen Oney Jr., 35, of Nampa, Idaho made an initial appearance today for the crime of distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. A federal grand jury indicted Oney on November 8, 2016.
The three count indictment alleges that Oney knowingly distributed five grams or more of actual methamphetamine on December 31, 2015 and February 2, 2016, and fifty grams or more of actual methamphetamine on January 6, 2016.
Oney appeared in court today and entered a not guilty plea to all three counts. Trial is scheduled for January 23, 2017, at the federal courthouse in Boise before Chief U.S. District Judge B. Lynn Winmill.
The crime of distributing five grams or more of actual methamphetamine is punishable by at least five years and a maximum of forty years imprisonment, four years supervised release, a $5,000,000 fine and a $100 special assessment. The charge of distributing over fifty grams of actual methamphetamine is punishable by at least ten years and not more than life imprisonment, at least five years supervised release, a $10,000,000 fine, and $100 special assessment.
The indictment is the result of an investigation by the Treasure Valley Metro Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Task Force was created approximately eleven years ago and is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sheriff’s Office, and Idaho Department of Probation and Parole. The Task Force conducts complex long-term investigation of criminal gangs.
The charges are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office, and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Union President from Ocean County, New Jersey, Gets over Three Years in Prison for Embezzling $350,000 in Union FundsRead the Press Release
TRENTON, N.J. – The founder of the United Security and Police Officers of America (USPOA) was sentenced today to 37 months in prison for embezzling hundreds of thousands of dollars in union funds for his personal use, U.S. Attorney Paul J. Fishman announced.
Assane Faye, 61, of Toms River, New Jersey, was previously convicted of all counts of an indictment charging him with two counts of embezzling union funds and seven counts of mail fraud arising from unemployment insurance fraud. Faye was convicted following a three-week trial before U.S. District Judge Peter G. Sheridan, who imposed the sentence today in Trenton federal court.
According to the documents filed in this case and the evidence presented at trial:
As the founder, national president, and director of the USPOA, as well as a signatory on the USPOA checking account, Faye was obligated to hold and disperse funds of the USPOA solely for the benefit of the union and its members.
Yet in Feb. 2010, without approval of the USPOA Executive Board, Faye put a woman identified in the indictment as “Individual 1,” whom with he had a prior romantic relationship, on the USPOA payroll for $800 a week, purportedly to act as a USPOA organizer in New York. She received additional allowances of $1500 for monthly medical coverage, as well as disbursements for mileage, tolls, parking and vehicle tune-ups. Individual 1 had limited ability to communicate in English, lacked labor organizing experience, and did not own a personal vehicle. As such, Faye’s representations to the Executive Board of her organizing successes were fictional. In addition, Faye had access to both Individual 1’s personal data and bank accounts.
For three and one half years, the union dispersed over $244,000 to Individual 1 while she performed no services for the union. Individual 1 testified that, for at least six months of every year she was on the payroll, she resided in her home country of Senegal. During that time, Faye withdrew approximately $180,000 of her union salary and expense payments for his personal use.
In addition, Faye submitted to the USPOA inflated reimbursement vouchers purportedly for mileage and wear and tear on his personal car, even though he was using rental vehicles. Faye even submitted false vouchers when he traveled outside the United States to Paris, Dubai, China and Milan.
Lastly, despite controlling and collecting disbursements from the USPOA operating account, between April 5, 2010 and June 30, 2010, Faye also committed seven counts of mail fraud by misrepresenting his employment status and fraudulently collecting over $7,000 in unemployment payments from New Jersey’s Unemployment Insurance Division.
In addition to the prison term, Judge Sheridan sentenced Faye to three years of supervised release and ordered him to pay restitution of $350,000.
U.S. Attorney Fishman credited the Department of Labor, Office of Inspector General (OIG), under the supervision of Acting Supervisory Agent in Charge Jonathan Mellone, and the Office of Labor Management Standard (OLMS) under the supervision of District Director Andriana Vamvakas for the investigation and trial support leading to today’s sentence.
The government is represented by Senior Litigation Counsel V. Grady O’Malley and Assistant U.S. Attorney Josh Hafetz of the U.S. Attorney’s Office’s Organized Crime and Gang Unit in Newark.
Defense counsel: Andrea Bergman and Lisa Van Hoeck, Federal Public Defenders
U.S. Attorney and Onondaga County District Attorney Hold Roundtable Meeting with Police Commanders on Prosecuting Heroin Overdose DeathsRead the Press Release
SYRACUSE, NEW YORK – Federal and Onondaga County prosecutors held a Law Enforcement Executive Roundtable meeting today with local and New York State police agencies to discuss policies and procedures for investigating drug overdose deaths and prosecuting those responsible for them, announced United States Attorney Richard S. Hartunian and Onondaga County District Attorney William J. Fitzpatrick.
The meeting was held in the United States Attorney’s Office for the Northern District of New York in Syracuse. Among the topics discussed were the elements of available criminal charges under federal and state law for distribution of a controlled substance that results in death or serious physical injury. Prosecutors, Chiefs of Police, and command level law enforcement supervisors discussed investigative techniques, evidence handling, coordination with federal law enforcement agencies, and consultation with prosecutors during the current opioid drug and heroin epidemic. Local agencies are the first responders for drug overdoses and their officers frequently administer Narcan (naloxone), an antidote that will temporarily counteract the effects of lethal opioid drug ingestion. Local police agencies also spearhead criminal investigations of drug overdose deaths during the critical initial phase where evidence is gathered and witnesses interviewed.
Attendees heard a presentation from Onondaga County Medical Examiner Dr. Robert Stoppacher, whose office is vital to the investigation of homicide cases under both federal and state law.
In addition to the United States Attorney’s Office and the Onondaga County District Attorney’s Office, command level executives from the following law enforcement agencies participated in today’s meeting:
United States Drug Enforcement Administration (DEA)
New York State Police
Syracuse Police Department
Onondaga County Sheriff’s Office
Town of Dewitt Police Department
Town of Manlius Police Department
Town of Cicero Police Department
Village of Baldwinsville Police Department
Town of Camillus Police Department
New York State University Police
Town of Geddes Police Department
Village of Liverpool Police Department
Village of Skaneateles Police Department
Village of North Syracuse Police Department
Village of Solvay Police Department
There will be further coordination between police and prosecutors on this important criminal justice/public health initiative in the future.
U.S. Attorney Zane David Memeger Announces His ResignationRead the Press Release
PHILADELPHIA – Zane David Memeger, United States Attorney for the Eastern District of Pennsylvania (EDPA), has announced his resignation effective midnight on December 23rd. U.S. Attorney Memeger has served as the U.S. Attorney for the Eastern District of Pennsylvania since May 6, 2010.
“It has been the highest honor and most fulfilling duty of my legal career to have served as the United States Attorney for the Eastern District of Pennsylvania,” said U.S. Attorney Memeger. “Having served in this challenging and demanding job for the last six and a half years, the time has come for me to step away to focus on my family and explore new opportunities in the private sector.”
During his tenure as United States Attorney, Mr. Memeger expanded the office’s core enforcement mission by implementing novel youth crime prevention and prisoner reentry programs as part of a three-part strategy to combat violent crime in Philadelphia. Those efforts included a partnership with Strawberry Mansion High School, the implementation of restorative justice “youth courts” in schools to deal with minor disciplinary infractions, and the development of the reentry film “Pull of Gravity.” Additionally, Mr. Memeger served for three-years (2014-16) on the Attorney General’s Advisory Committee (AGAC), a national committee established in 1973 to serve as the voice of the United States Attorneys and advise the Attorney General on legal and policy issues that impact U.S. Attorneys’ Offices nationwide. In that capacity, he also chaired the AGAC’s Health Care Fraud Working Group.
With a focus on prosecuting cases involving national security, public corruption, healthcare and financial fraud, civil rights, large scale dangerous drug dealing, violent crime, child exploitation, and offenses against other vulnerable victims, some of the signature achievements during his tenure include:
- Secured guilty pleas from Colleen Larose, a/k/a “Jihad Jane,” Mohamed Hassan Khalid, and Jamie Paulin Ramirez for conspiring to provide material support to terrorist groups in South Asia and Europe by soliciting funds for terrorists, soliciting passports and travel documents for terrorists, and recruiting men and women in an effort to wage violent jihad.
- Secured a guilty plea and a 15-year sentence for Siarhei Baltuski, an international arms smuggler for violating the Arms Export Control Act by organizing a network of buyers in the United States to obtain and illegally export to Belarus high-tech military hardware such as Scorpion Thermal Weapon Sights and other night vision targeting devices.
- Secured a guilty verdict against then U.S. Congressman Chaka Fattah, Sr. and four criminal associates for RICO conspiracy and related public corruption offenses involving the misuse of campaign and grant funds, bribery, and money laundering.
- Secured convictions and prison sentences against several municipal court and traffic court judges who fixed cases and obstructed justice by lying to federal agents and the grand jury.
- Secured convictions and prison sentences against more than 25 police and law enforcement officers who abused their authority by engaging in acts of theft, extortion, drug trafficking, and obstruction of justice.
- Secured convictions of Joseph Dougherty, a high-level union official with Ironworkers Local 401, and 10 union members and associates who were sentenced to significant prison terms for engaging in a RICO conspiracy involving a systematic pattern of extortion, arson, and assault to force non-union companies to hire union workers.
- Secured convictions and prison sentences against Anthony DeMarco and his co-conspirators who operated a multi-million dollar mortgage fraud scheme that victimized homeowners facing eviction. Also obtained a civil injunction stopping the foreclosures.
- Secured convictions in multiple identity theft rings, including Miguel Bell, sentenced to 15 years in prison, who along with ten bank employees, a car dealership employee, and eight check runners and other recruiters, attempted to steal more than $2 million dollars from his victims’ bank accounts.
- Resolved off-label marketing allegations for Risperdal against Johnson & Johnson (J&J) and its subsidiary Janssen Pharmaceuticals, Inc. through a misdemeanor guilty plea and a False Claims Act (FCA) settlement, contributing $1.6 billion to a Department-wide global settlement of $2.2 billion against J&J. The EDPA’s Risperdal resolution was the largest single drug settlement to date.
- Secured a $38 million dollar settlement with Extendicare Health Services Inc. to resolve FCA allegations related to deficiencies in the operation of its skilled nursing homes.
- Secured misdemeanor guilty pleas and prison sentences for four corporate executives at Synthes Inc. who violated federal drug laws by failing to stop illegal clinical trials of Norian XR bone cement, resulting in three patient deaths.
- Secured the conviction of the Botsvynyuk Brothers who were sentenced to prison terms of 20 years to life imprisonment for operating a human trafficking organization that smuggled young Ukranian immigrants into the United States and used physical force, threats of force, sexual assault, and debt bondage to keep the victims in involuntary solitude.
- Secured a life sentence for Linda Weston who pled guilty to running a criminal enterprise that held disabled adults in dungeon like conditions in order to steal their social security benefits, two of whom died while in her captivity.
- Obtained a consent decree with the School District of Philadelphia requiring that the school district take affirmative steps to address and prevent anti-Asian immigrant violence at South Philadelphia High School.
- Conducted a review of 25 of the most popular restaurants in Philadelphia to determine and ensure compliance with the Americans with Disabilities Act (ADA).
- Secured a 25-year sentence for Dr. Norman Werther who was convicted by a jury of running a multi-million dollar pill mill operation that illegally distributed more than 700,000 pills containing oxycodone, and was also convicted of causing the death of a patient through his illegal distribution of oxycodone.
- Secured convictions and prison sentences ranging from 15 years to life imprisonment for more than a hundred armed career criminals and violent criminals who sold drugs and committed violent robberies with guns.
- Secured a death penalty sentence for Kaboni Savage who was convicted by a jury of killing 12 people, including killing the family of a cooperating witness by firebombing their home.
As of December 24th, Louis D. Lappen will assume leadership of the office as Acting U.S. Attorney. Mr. Lappen is currently the First Assistant U.S. Attorney and has served in the Department of Justice since 1997. He is a graduate of the University of Pennsylvania and the Duke University School of Law.
- Secured guilty pleas from Colleen Larose, a/k/a “Jihad Jane,” Mohamed Hassan Khalid, and Jamie Paulin Ramirez for conspiring to provide material support to terrorist groups in South Asia and Europe by soliciting funds for terrorists, soliciting passports and travel documents for terrorists, and recruiting men and women in an effort to wage violent jihad.
U. S. Steel Corporation Agrees to End Litigation, Improve Environmental Compliance at Its Three Midwest Facilities, Pay Civil Penalty of $2.2 Million and Perform Projects to Aid Communities Affected by U. S. Steel’s PollutionRead the Press Release
The United States, together with the states of Indiana and Illinois and the Michigan Department of Environmental Quality, announced today that U. S. Steel Corporation (U. S. Steel) has agreed to resolve Clean Air Act litigation initiated by the United States and the three states in August 2012, by undertaking measures to reduce pollution at its three Midwest iron and steel manufacturing plants in Gary, Indiana; Ecorse, Michigan; and Granite City, Illinois. As part of the agreement, U. S. Steel will perform seven supplemental environmental projects totaling $1.9 million, to protect human health and the environment in the communities affected by U. S. Steel’s pollution, including a project to remove lighting fixtures containing toxic chemicals in public schools. In addition, U. S. Steel will expend $800,000 for an environmentally beneficial project to remove contaminated transformers at its Gary and Ecorse facilities and pay a $2.2 million civil penalty. The agreement is memorialized in a consent decree lodged today in federal district court in the Northern District of Indiana.
“Defendant U. S. Steel, a major global iron and steel manufacturer, has agreed to curtail significant pollution from its three Midwest plants,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This outstanding settlement, whose results will especially benefit the three environmental justice communities most closely affected by defendant’s pollution, is another example of how the Department of Justice, U.S. Environmental Protection Agency (EPA) and our state counterparts often work hand-in-hand to enforce our federal and state clean air act laws to protect the health and welfare of our citizens.”
“Today’s settlement protects communities in the Midwest from air pollution and puts important environmental projects to work,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “Making sure companies comply with the law that protects clean air is an important way EPA safeguards the health of communities across the country.”
Under the consent decree, U. S. Steel will immediately repair, and later replace, a bell top on a blast furnace used for making molten iron at its Great Lakes Works facility in Ecorse. The bell top, through which raw materials are placed inside the furnace, has a worn seal that is causing increased emissions of hazardous pollutants and particulate matter. The new bell top is designed to eliminate those increased emissions. U. S. Steel will also implement improvements (following a third-party study) at its Great Lakes Works’ steel-making shop to reduce emissions causing opacity. At its Gary Works facility, U. S. Steel will repair a large opening in a metal shell that surrounds a blast furnace. The repair will eliminate excess emissions from that furnace.
Since 2008, U. S. Steel has worked with the state of Illinois to improve its environmental compliance at the Granite City Works facility, including installation of a new baghouse to control particulate matter and rebuilding its Electro-Static Precipitator. Under the consent decree, which resolves not only joint federal/state claims but also claims brought separately by the state of Illinois, U. S. Steel agrees to maintain the effective operation of its pollution control equipment and continue the work practices that have resulted in improved environmental compliance.
Many children in the Southwest Detroit, Ecorse and Gary areas attend schools that are lit by fluorescent ballasts that may contain polychlorinated biphenyls (PCBs). As part of the settlement, U. S. Steel will conduct a joint federal/state supplemental environmental project (SEP) in which the company will remove and properly dispose of such PCB-contaminated ballasts and replace them with non-toxic, energy-efficient lighting. U. S. Steel will also conduct another SEP to install vegetative buffers composed of trees, bushes and shrubs on public lands near high-traffic roadways in Southwest Detroit. Such buffers are intended to reduce the transport of particulate matter emissions from heavily trafficked areas and thus improve downwind air quality.
“These measures to improve air quality in Southwest Detroit and Ecorse are an important step to helping communities who suffer the most from violations of laws designed to protect human health and the environment,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
“We welcome the settlement with U. S. Steel and look forward to the improvements to be made at its Ecorse facility, schools in Ecorse and Detroit and along high traffic roadways in Southwest Detroit,” said Director C. Heidi Grether of the Michigan Department of Environmental Quality. “More importantly, we welcome the improvement in the air quality of the region that we expect will come from these changes.”
In addition, U. S. Steel will purchase a new street sweeper, equipped with enhanced collection capability, for use by the city of Granite City to reduce dust emissions. Other SEPs, state-only, that U. S. Steel has agreed to undertake include the removal and proper disposal of waste tires that have been dumped at locations in Gary, replacement of some exterior doors in Granite City public schools with energy-efficient doors and creation of a greenway and transit bike trail within Granite City.
“Today’s consent decree should be welcome news to the residents of this district and everyone who lives in the greater St. Louis metropolitan area,” said U.S. Attorney Donald S. Boyce for the Southern District of Illinois. “Air pollution is a serious problem that continues to threaten our world, and we applaud U. S. Steel for its ongoing cooperation and the improvements it has agreed to make to bring its Granite City facility into full compliance. This office remains committed to enforcing the nation's environmental laws in the Southern District of Illinois."
“I applaud the united, collaborative effort by all parties who worked to resolve this matter and to hold accountable those responsible for polluting the environment,” said Indiana Attorney General Greg Zoeller. “No one should be subjected to living and working in a polluted environment.”
Today’s settlement, lodged with the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court. To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.
U. S. Steel Corporation Agrees to End Litigation, Improve Environmental Compliance at Its Three Midwest Facilities, Pay Civil Penalty of $2.2 Million and Perform Projects to Aid Communities Affected by U. S. Steel’s PollutionRead the Press Release
WASHINGTON – The United States, together with the states of Indiana and Illinois and the Michigan Department of Environmental Quality, announced today that U. S. Steel Corporation (U. S. Steel) has agreed to resolve Clean Air Act litigation initiated by the United States and the three states in August 2012, by undertaking measures to reduce pollution at its three Midwest iron and steel manufacturing plants in Gary, Indiana; Ecorse, Michigan; and Granite City, Illinois. As part of the agreement, U. S. Steel will perform seven supplemental environmental projects totaling $1.9 million, to protect human health and the environment in the communities affected by U. S. Steel’s pollution, including a project to remove lighting fixtures containing toxic chemicals in public schools. In addition, U. S. Steel will expend $800,000 for an environmentally beneficial project to remove contaminated transformers at its Gary and Ecorse facilities and pay a $2.2 million civil penalty. The agreement is memorialized in a consent decree lodged today in federal district court in the Northern District of Indiana.
“Defendant U. S. Steel, a major global iron and steel manufacturer, has agreed to curtail significant pollution from its three Midwest plants,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This outstanding settlement, whose results will especially benefit the three environmental justice communities most closely affected by defendant’s pollution, is another example of how the Department of Justice, U.S. Environmental Protection Agency (EPA) and our state counterparts often work hand-in-hand to enforce our federal and state clean air act laws to protect the health and welfare of our citizens.”
“Today’s settlement protects communities in the Midwest from air pollution and puts important environmental projects to work,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “Making sure companies comply with the law that protects clean air is an important way EPA safeguards the health of communities across the country.”
Under the consent decree, U. S. Steel will immediately repair, and later replace, a bell top on a blast furnace used for making molten iron at its Great Lakes Works facility in Ecorse. The bell top, through which raw materials are placed inside the furnace, has a worn seal that is causing increased emissions of hazardous pollutants and particulate matter. The new bell top is designed to eliminate those increased emissions. U. S. Steel will also implement improvements (following a third-party study) at its Great Lakes Works’ steel-making shop to reduce emissions causing opacity. At its Gary Works facility, U. S. Steel will repair a large opening in a metal shell that surrounds a blast furnace. The repair will eliminate excess emissions from that furnace.
Since 2008, U. S. Steel has worked with the state of Illinois to improve its environmental compliance at the Granite City Works facility, including installation of a new baghouse to control particulate matter and rebuilding its Electro-Static Precipitator. Under the consent decree, which resolves not only joint federal/state claims but also claims brought separately by the state of Illinois, U. S. Steel agrees to maintain the effective operation of its pollution control equipment and continue the work practices that have resulted in improved environmental compliance.
Many children in the Southwest Detroit, Ecorse and Gary areas attend schools that are lit by fluorescent ballasts that may contain polychlorinated biphenyls (PCBs). As part of the settlement, U. S. Steel will conduct a joint federal/state supplemental environmental project (SEP) in which the company will remove and properly dispose of such PCB-contaminated ballasts and replace them with non-toxic, energy-efficient lighting. U. S. Steel will also conduct another SEP to install vegetative buffers composed of trees, bushes and shrubs on public lands near high-traffic roadways in Southwest Detroit. Such buffers are intended to reduce the transport of particulate matter emissions from heavily trafficked areas and thus improve downwind air quality.
“These measures to improve air quality in Southwest Detroit and Ecorse are an important step to helping communities who suffer the most from violations of laws designed to protect human health and the environment,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
“We welcome the settlement with U. S. Steel and look forward to the improvements to be made at its Ecorse facility, schools in Ecorse and Detroit and along high traffic roadways in Southwest Detroit,” said Director C. Heidi Grether of the Michigan Department of Environmental Quality. “More importantly, we welcome the improvement in the air quality of the region that we expect will come from these changes.”
In addition, U. S. Steel will purchase a new street sweeper, equipped with enhanced collection capability, for use by the city of Granite City to reduce dust emissions. Other SEPs, state-only, that U. S. Steel has agreed to undertake include the removal and proper disposal of waste tires that have been dumped at locations in Gary, replacement of some exterior doors in Granite City public schools with energy-efficient doors and creation of a greenway and transit bike trail within Granite City.
“Today’s consent decree should be welcome news to the residents of this district and everyone who lives in the greater St. Louis metropolitan area,” said U.S. Attorney Donald S. Boyce for the Southern District of Illinois. “Air pollution is a serious problem that continues to threaten our world, and we applaud U. S. Steel for its ongoing cooperation and the improvements it has agreed to make to bring its Granite City facility into full compliance. This office remains committed to enforcing the nation's environmental laws in the Southern District of Illinois."
“I applaud the united, collaborative effort by all parties who worked to resolve this matter and to hold accountable those responsible for polluting the environment,” said Indiana Attorney General Greg Zoeller. “No one should be subjected to living and working in a polluted environment.”
Today’s settlement, lodged with the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court. To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.
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16-1371
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Two Georgia Men Sentenced for Stealing Government BenefitsRead the Press Release
ATLANTA - John W. Jackson, Jr., and Corry Sandlin, have been sentenced in federal district court for stealing their deceased parent's government benefits. Each defendant lied to the government about their parent’s deaths, and continued to receive benefits destined for the deceased.
“Both defendants got away with their lies for years, stealing large sums of taxpayer dollars,” said U. S. Attorney John Horn. “Theft like this directly impacts others who receive these types of benefits. These two together stole over $500,000 of government money, meant to sustain those who have paid into the system, and expect to have something in retirement.”
“The OIG is committed to working with the Social Security Administration to detect and investigate deceased payee fraud cases, in which individuals conceal death information from SSA to fraudulently receive Social Security benefits intended for the deceased. We thank the U.S. Attorney’s Office in Northern Georgia for prosecuting these and other deceased payee fraud cases,” stated Margaret Moore-Jackson, Special Agent-in-Charge of the Social Security Office of the Inspector General’s Atlanta Field Division.
According to U.S. Attorney Horn, the charges and other information presented in court: Defendant Jackson's father died in 1980 and the Social Security Administration (SSA) continued to pay his retirement benefits until 2014. When initially questioned in 2015 by Social Security agents about his father's whereabouts, Jackson told the agents this father had run away with a younger woman a year prior and he did not know where his father was. Only after interviewing another family member did the SSA learn that Jackson's father had died decades earlier. Eventually, the SSA was able to determine that Jackson's father died in 1980. In total, Social Security paid out and Jackson improperly received $241,171.60.
Sandlin’s mother died in 2004. After her death, the SSA continued to pay her spousal retirement benefits and Defense Finance & Accounting Services (DFAS) continued to pay her survivor benefits. In fact, Sandlin not only never informed the SSA of his mother's death, he completed and submitted 11 annual certifications to DFAS swearing that she remained eligible for the benefits. The SSA paid out $126,103.00 and DFAS paid out $145,716.00, after Sandlin's mother's death. In total, Sandlin improperly received a total of $271,819.00
John W. Jackson, Jr., 70, of Decatur, Georgia, has been sentenced to ten months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $241,171.6. Jackson has been convicted on these charges on July 25, 2016, after he pleaded guilty.
Corry Sandlin, 68, of Marietta, Georgia, has been sentenced to one year, and three months in prison to be followed by three years of supervised release and ordered to pay restitution in the amount of $254,965.14
This case was investigated by the Social Security Administration - Office of the Inspector General.
Special Assistant United States Attorney Diane C. Schulman prosecuted the case.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Toledo man pleads guilty to hate crime for beating African-American strangerRead the Press Release
Robert Paschalis, 25, of Toledo, pleaded guilty today to a federal hate crime for beating an African-American stranger he saw on the street. Paschalis’s co-defendant, Charles Butler, pleaded guilty to the same crime on Nov. 9.
The plea was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.
According to his guilty plea, on May 18, 2016, Paschalis and Butler drove past the victim, A.W., on the street while A.W. was unloading items from his truck. The two men circled back, got out of their own truck and began attacking A.W. while yelling racial slurs. Butler grabbed a broom from the back of A.W.’s truck and struck A.W. with it multiple times. Paschalis admitted during his plea that the beating occurred because A.W. is African American.
The beating stopped only when two off-duty Ohio state police officers happened on the scene and pulled Butler and Paschalis away. A.W. suffered an orbital fracture and damage to his right eye. Butler later posted on Facebook that the attack was “in the name of the White Race.”
“Hate violence harms individuals and threatens the diversity of entire communities,” said Principal Deputy Assistant Attorney General Gupta. “This vicious attack on an African-American man simply going about the routines of daily life offends human decency. We cannot undo the harms inflicted, but these convictions help vindicate everyone’s right to live free from racial violence.”
“Northern Ohio is a mosaic of different races, ethnicities and backgrounds,” said U.S. Attorney Rendon. “This defendant tried to strike at the diversity we cherish by participating in an unprovoked attack based solely on the victim’s race. He is now likely headed to prison, while we will continue to work together to ensure that everyone’s civil rights are protected.”
“These individuals engaged in a violent assault against another person based on his race and are now being held accountable,” said Special Agent in Charge Anthony. “The FBI will continue to work with our law enforcement partners to ensure hate crimes are thoroughly investigated and prosecuted to the greatest extent of the law.”
This case is being investigated by the FBI Cleveland Division’s Toledo Resident Agency, in cooperation with the Toledo Police Department and the Lucas County, Ohio, Prosecutor’s Office. The case is being prosecuted by Assistant U.S. Attorney Michael Freeman of the Northern District of Ohio and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.
Three-year Crackdown by U.S. Attorney and District Attorney Keep Career Criminals in Prison Longer, Communities SaferRead the Press Release
Assistant U. S. Attorney Andrew R. Haden (619) 546-6961
NEWS RELEASE SUMMARY – November 22, 2016
SAN DIEGO –Steven Doyle Burton, a documented Skyline PIRU gang member, was sentenced in federal court recently to 15 years in prison for possession of crack cocaine with intent to distribute and for being a felon in possession of firearms and ammunition.
Burton’s case is one of more than 100 prosecuted in federal court over the last three years under a renewed emphasis on gun crimes by the U.S. Attorney’s Office.
In 2013, U.S. Attorney Laura E. Duffy committed additional resources to the aggressive prosecution of firearms cases – particularly those involving career felons who would get more significant sentences in federal court versus state court. The aim was to work with the San Diego County District Attorney’s Office to use federal statutes to their fullest extent to protect communities from the most dangerous felons.
“This collaborative effort is working,” said U.S. Attorney Laura Duffy. “These career criminals are getting sentences that are as much as three times longer than what they would’ve received in state court, and that means our communities are safer.”
“Our gang prosecutors routinely coordinate and cooperate with the U.S. Attorney’s Office to reduce gang violence and keep our neighborhoods safer,” District Attorney Bonnie Dumanis said. “Our common goal is to determine which agency can best hold an offender accountable.”
Without the increased emphasis on firearms-related cases, Burton would have been prosecuted by the state, where he would have been eligible for a 50 percent reduction that didn’t apply on the federal side. In contrast, by statute all federal prisoners are required to serve a minimum of 85 percent of their prison sentence.
Duffy tapped Assistant U.S. Attorney Andrew Haden to head the U.S. Department of Justice’s Project Safe Neighborhoods program in this district. The nationwide program aims to reduce gun and gang crime. Duffy directed Haden to coordinate with the District Attorney’s Office and law enforcement agencies to aggressively prosecute firearms cases.
Since then, the U.S. Attorney’s Office has federally prosecuted more than one hundred cases involving firearms that would not typically have been pursued.
In Burton’s case, a federal jury found him guilty earlier this year.
At trial, the jury heard the testimony of several officers from the San Diego Police Department’s Crime Suppression Team (CST) who had arrested Burton with approximately 38 grams of crack cocaine, along with multiple firearms and $35,700 in cash.
A career criminal, Burton had been previously convicted in Superior Court in San Diego in 2005 and 2014 for dealing crack cocaine. Burton was referred by the San Diego District Attorney’s Office Gang Unit for federal prosecution via the Project Safe Neighborhoods program after his most recent arrest. He was sentenced on November 15, 2016.
The largest source of cases for the PSN program has been the San Diego District Attorney’s Office. Specifically, the Gang Unit began to strategically refer cases involving firearms for federal prosecution. In doing so, they have attempted to identify individuals that pose a significant threat to citizens of San Diego who – for a variety of reasons – are not being deterred by the California criminal justice system.
For example, the first firearms case brought under the renewed program was U.S. v. Catlin, 13-CR-1568-JLS. Catlin was known to law enforcement as a prominent leader within the 5/9 Brim street gang in southeast San Diego. Despite his notoriety, Catlin had been able to avoid a serious criminal conviction after receiving a five-year prison sentence for dealing crack cocaine in 2002.
In March 2013, Catlin was caught by officers from the San Diego Police Department in possession of a loaded firearm. Because it had been more than a decade since his last criminal conviction, Catlin was perceived as likely to receive a probationary sentence in state court. Instead, Catlin was prosecuted federally and was sentenced to 71 months in federal prison.
After the successful prosecution of Catlin, the San Diego Police Department Gang Suppression Team (“GST”) continued to refer cases for federal prosecution. Those cases often highlighted the dangerous scenarios that officers face on patrol in southeast San Diego.
In another example, several officers from the GST, including Jonathon DeGuzman, testified at a federal trial in 2015 in support of U.S. v. Angulo, 15-CR-2713-GPC. Angulo had been arrested during a traffic stop for being a felon in possession of a firearm. After being convicted, Angulo was sentenced to 48 months in federal prison by U.S. District Court Judge Gonzalo P. Curiel. Officer DeGuzman was killed in the line of duty approximately seven months later, on July 28, 2016.
The Department of Homeland Security has also been a source of firearms cases prosecuted under the renewed PSN commitment. Sergio Garcia-Rico from Chula Vista was sentenced to five years and eight months in prison after admitting to buying weapons and ammunition at gun shows across California intending to sell them to members of a drug cartel in Mexico.
Finally, although they have played a significant role in every federal firearms case brought via the PSN program, the Bureau of Alcohol Tobacco Firearms & Explosives (“ATF”) has also referred their own independent firearms investigations for prosecution.
The cases referred by ATF have been diverse. They have included cases involving individuals who illegally purchased firearms in Arizona and were transporting them to California, like former Border Patrol Agent Rene Martinez in U.S. v. Martinez, 16-CR-462. ATF has also brought cases involving the illegal manufacturing and selling of assault-style firearms within San Diego, like U.S. v. Soukkeo, et al., 14-CR-3004-LAB.
Investigations into the unlawful sale of assault-style firearms often lead ATF to potentially larger criminal activity. In April, Jessie Soto pleaded guilty in federal court to unlawfully selling assault-style firearms and for conspiring to have someone murdered by a Mexican hitman – who was actually an ATF agent working in an undercover capacity. Soto is scheduled to be sentenced on December 16, 2016. U.S. v. v. Soto, 16-CR-248-JLS.
DEFENDANT Case Number 16cr746-AJB
Steven Doyle Burton Age: 36 San Diego, CA
SUMMARY OF CHARGES
Possession of Crack Cocaine with Intent to Distribute, in violation of Title 21 US.C. 841(a)(1),
Maximum penalty: 40 years’ imprisonment and $5 million fine
Felon in possession of Firearms, in violation of Title 18 U.S.C. 922(g)(1)
Maximum penalty: 10 years’ imprisonment and $1 million fine
Felon in possession of Ammunition, in violation of Title 18 U.S.C. 922(g)(1)
Maximum penalty: 10 years’ imprisonment and $1 million fine
AGENCY
Bureau of Alcohol Tobacco Firearms & Explosives
Texas Man Pleads Guilty to Transportation of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JAMES PUCKETT, age 46, of Livingston, Texas, pled guilty today to crimes involving the sexual exploitation of children.
PUCKETT admitted to viewing, receiving, and sending child pornography on the Internet using email and a KIK user name. HSI computer forensic examiners located images depicting the sexual victimization of children on the defendant’s Padfone X Mini after he was encountered by federal agents at Port Fourchon. The emails distributed by PUCKETT contained images depicting the rape, bondage, and sexual exploitation of pre-pubescent children.
PUCKETT faces a mandatory minimum sentence of not less than five (5) years and not more than twenty (20) years imprisonment, followed by up to a lifetime term of supervised release, and a $250,000 fine. PUCKETT will also be required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act. U.S. District Judge Jay Zainey set sentencing for February 21, 2017.
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.”
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Taylor County man pleads guilty to unlawful possession of a stolen firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Michael Andrew Christopher Shaver, 22, of Grafton, West Virginia, pled guilty today to a federal firearms charge, United States Attorney William J. Ihlenfeld, II, announced.
In November 2015, Shaver stole a 40 caliber firearm in Harrison County, West Virginia. He pled guilty today to one count of “Possession of a Stolen Firearm.” He faces up to 10 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Taylor County Sheriff’s Department, and the Veteran Affairs Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Tahlequah Woman Pleads Guilty to Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MATILDA KAY BIRDTAIL, age 21, of Tahlequah, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), punishable by not more than 20 years imprisonment, and up to a $1,000,000.00 fine or both.
The Information alleged that on or about December 13, 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.
The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.
Assistant United States Attorney Shannon Henson represented the United States.
Tahlequah Man Pleads Guilty to Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DONALD WAYNE TRAMMEL, age 41, of Tahlequah, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(B), punishable by not less than 5 years and not more than 40 years imprisonment, and up to a $5,000,000.00 fine or both.
The Information alleged that in or about November through December 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.
The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.
Assistant United States Attorney Shannon Henson represented the United States.
Sureno Gang Member Sentenced to 100 Months ImprisonmentRead the Press Release
Yakima – Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Angel Jose Rangel, age 34, of Yakima, Washington, was sentenced today after having previously plead guilty on August 17, 2016, to being a Felon in Possession of a Firearm. United States District Judge Stanley A. Bastian sentenced Rangel to a 100-month term of imprisonment, to be followed by a three-year term of court supervision after he is released from Federal prison.
According to information disclosed during the court proceedings, on June 21, 2015, the Defendant and two other men entered a bar in Yakima, Washington. The three men were dressed in the color blue. Security officers recognized the blue to be associated with the Sureno street gang. The three men walked over to a group of males who were wearing the color red. Security officers were aware that the color red is associated with the Norteno street gang. Shortly thereafter all of the men quickly exited the bar and proceeded to fight in the parking lot. Security guards rushed outside to stop the fight. The Defendant was losing the fight so he ran to his vehicle and obtained a firearm. The Defendant returned to the parking lot and began waving the firearm while yelling expletives. Security guards and others convinced the Defendant not to shoot anyone. The Defendant and his two friends entered a vehicle and departed from the scene.
Officers with the Yakima Police Department (“YPD”) quickly arrived at the scene. Officers reviewed the video footage. An experienced YPD gang officer identified the Defendant and other individuals who had been involved in the gang fight. The officer was aware that the Defendant was known to be a high ranking Sureno gang member.
A few hours later, YPD officers responded to a second bar in regards to a gang fight in progress. A YPD officer observed the Defendant seated in a vehicle. The Defendant was arrested for a community supervision violation. Police obtained a search warrant and found two loaded firearms inside of the vehicle. A loaded pistol was recovered directly beneath where the Defendant had been seated.
The Defendant has a lengthy criminal history which includes convictions for Drive-By Shooting (1997); Drive-By Shooting (1999); Unlawful Possession of a Firearm (2005); Possession of a Dangerous Weapon (2005); Possession of Methamphetamine (2005); Second Degree Robbery (2006); Third Degree Assault (2007); and Second Degree Assault with a Deadly Weapon (2009).
Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, “the United States Attorney’s Office and our law enforcement partners are committed to protect our community from gang related violence. The United States Attorney’s Office will continue to seek lengthy sentences to remove dangerous gang members from our streets. In this case, the Yakima Police Department Gang Unit conducted a thorough investigation, conducted dozens of interviews, and collected all of the evidence to ensure that justice would prevail.”
The investigation was completed by the Yakima Police Department, the Eastern Washington Violent Gangs Safe Streets Task Force/Yakima, and the Department of Homeland Security. This case was prosecuted by Tom Hanlon, an Assistant U.S. Attorney for the Eastern District of Washington.
Stevens Point Man Sentenced for Robbery of Six Banks and Credit UnionsRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on November 21, 2016, Jason A. Kiedrowski (age: 39) of Stevens Point, Wisconsin, appeared in federal court in Green Bay and was sentenced for the crime of entering a financial institution with the intent to commit larceny in violation of Title 18 United States Code Section 2113(a).
As a condition of the plea agreement, Kiedrowski acknowledged that he was responsible for the following robberies throughout Wisconsin: Fox Communities Credit Union in Grand Chute on February 10, 2015; Royal Credit Union in Eau Claire on March 19, 2015; Hometown Bank in Fond du Lac on March 24, 2015; Educational Employee’s Credit Union in Janesville on April 10, 2015; First National Bank in Appleton on June 18, 2015; Unison Credit Union in De Pere on July 7, 2015.
While handing down his sentence, Chief U.S. District Judge William C. Griesbach noted Kiedrowski’s "atrocious" criminal history and his pattern of "preying on people." He rejected the defendant’s assertion that he did not intend to scare anyone as evidenced by the fact that he not used a weapon during the robberies. Judge Griesbach called the robberies "very serious" and highlighted the "lifelong impact" the defendant’s actions had on his victims, many of whom addressed the court at the hearing. Judge Griesbach determined that protection of the public was his foremost concern, and that a "fair and appropriate sentence" called for a 10 year sentence in federal prison to be served following the completion of the defendant’s current 7 year state prison sentence. Kiedrowski was ordered to pay $15,050 in restitution and will serve 3 years on Supervised Release following the completion of his federal sentence.
The case was investigated by the Grand Chute Police Department, the Eau Claire Police Department, the Fond du Lac Police Department, the Janesville Police Department, the Appleton Police Department, the De Pere Police Department, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Daniel R. Humble.
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Statement by Attorney General Loretta E. Lynch on the Departure of Zane David Memeger from the U.S. Attorney’s Office for the Eastern District of PennsylvaniaRead the Press Release
Attorney General Loretta E. Lynch released the following statement on the planned departure of U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania:
“For the last six and a half years, U.S. Attorney Zane David Memeger has served the people of the Eastern District of Pennsylvania – and all of the American people – with great distinction. Under his outstanding leadership, his office has prosecuted terrorists, corrupt public officials, dangerous drug dealers and other violent offenders, child predators, human traffickers and perpetrators of serious fraud. He also has worked diligently to help the Department of Justice implement its Smart on Crime program to make our criminal justice system more fair and effective. During his time in office, he has helped – and encouraged other U.S. Attorneys’ offices across the country – to implement novel youth crime prevention and prisoner reentry programs as part of a three-part strategy to combat violent crime. And as a member of the Attorney General’s Advisory Committee and as chair of the committee’s Health Care Fraud Working Group, he has provided sound counsel and good judgment to both me and my predecessor, Attorney General Eric Holder. There is no doubt that our country is safer and stronger thanks to Zane’s exceptional contributions and dedicated efforts. I want to thank him for his distinguished service and I wish him the very best in his future endeavors.”
South Glens Falls Woman Sentenced for Social Security FraudRead the Press Release
ALBANY, NEW YORK – Roberta L. Rivers, age 58, of South Glens Falls, New York, was sentenced today to serve 5 months of home confinement, and 3 years of supervised release, for stealing over $112,000 in benefits from the Social Security Administration (SSA).
The announcement was made by U.S. Attorney Richard S. Hartunian and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.
As part of her May 17, 2016 guilty plea, Rivers admitted that she withheld information from the SSA that would have made her ineligible to receive the Supplemental Security Income (SSI) and Survivors Insurance benefits she collected from July 2002 through November 2013. Rivers did not report that she had remarried and resided with her husband, a change in circumstance she was required to disclose.
Senior District Court Judge Gary L. Sharpe also ordered Rivers to pay $112,072 in restitution to the SSA.
This case was investigated by the SSA Office of the Inspector General and was prosecuted by Special Assistant U.S. Attorney Jason W. White.
South Florida Leader of Almighty Imperial Gangsters Nation Pleads Guilty to Racketeering Conspiracy Including Multiple MurdersRead the Press Release
A leader of the Almighty Imperial Gangsters Nation pleaded guilty today to participating in a racketeering conspiracy involving murder, attempted murder, aggravated battery, aggravated assault and narcotics distribution.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Michael J. Anderson of the FBI’s Chicago Division and Special Agent in Charge George L. Piro of the FBI’s Miami Division made the announcement.
Victor Emmanuel Lopez, aka Magic, 29, of Miami, pleaded guilty before U.S. District Judge Cecelia M. Altonaga of the Southern District of Florida to one count of conspiracy to conduct and participate in the affairs of the Almighty Imperial Gangsters Nation through a pattern of racketeering activity. Sentencing has been scheduled for Jan. 31, 2017.
According to admissions made in connection with his plea, Lopez joined the Chicago-area chapter of the Almighty Imperial Gangsters Nation in approximately 2001 and received authorization to initiate a new chapter in South Florida. Lopez admitted that as the leader of the South Florida Imperial Gangsters, in 2006, he directed a fellow member to shoot into a vehicle, resulting in one person’s death; in 2011, he ordered the murder of a witness in a state investigation against him; and in 2007, participated in a drive-by shooting of a suspected rival gang member in which he shot a bystander.
In addition, Lopez admitted that he and other members of the Almighty Imperial Gangsters Nation earned money for members and financed the gang’s activities through trafficking in controlled substances, including cocaine, cocaine base, heroin, ecstasy and marijuana.
The FBI’s Miami and Chicago Field Offices investigated the case with the Miami-Dade, Florida, Police Department; the City of Miami Police Department; the Chicago Police Department; the Franklin Park, Illinois, Police Department; and the East Chicago Police Department. The U.S. Attorney’s Office of the Northern District of Indiana; the State Attorney’s Offices of Miami-Dade and Broward County, Florida; the State Attorney’s Office in Cook County, Illinois; the Florida Department of Corrections and the Broward County Sheriff’s Office assisted with this case. Trial Attorneys Joseph A. Cooley, Rebecca A. Staton and Nicholas J. Regalia of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case with the U.S. Attorney’s Office of the Southern District of Florida’s Forfeiture Section.
Sex Trafficker Sentenced to 20 Years in PrisonRead the Press Release
PROVIDENCE, R.I. – Dujuan Harris, 35, of Providence, R.I., was sentenced today by U.S. District Court Chief Judge William E. Smith to 20 years in federal prison for trafficking a 17-year-old girl from Texas to Rhode Island for the purpose of offering her for commercial sexual activity, announced United States Attorney Peter F. Neronha, Providence Police Chief Colonel Hugh T. Clements, Jr., and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
Chief Judge William E. Smith imposed the sentence after Harris withdrew a motion he filed to withdraw his December 16, 2015, guilty plea to sex trafficking of a child and possessing child pornography. During a sentencing hearing in April 2016, Harris indicated to the court that he wanted to withdraw his guilty plea. He filed a motion to that effect on June 3, 2016, which the government opposed.
At the time of his guilty plea, Harris admitted to the court that he befriended the victim on the Internet, and that he continued to communicate with her via cell phone, text messages and Skype. Harris admitted that in June 2015, he facilitated the victim’s travel to Rhode Island by paying travel expenses to Boston via bus and then drove her to Providence. Once in Providence, Harris took photographs of the victim in various stages of undress and repeatedly posted them in ads on Backpage.com, offering the victim for commercial sexual activity. An investigation by Providence Police and Homeland Security Investigations determined that the response to the ad was immediate and that numerous sexual encounters with the victim for a fee were arranged.
On June 30, 2015, HSI agents, Providence Police detectives and members of the Human Trafficking Task Force located the victim in Harris’ apartment in Providence and rescued her. Investigators discovered numerous nude photographs of the 17-year-old victim on Harris’ cell phone.
United States Attorney Peter F. Neronha commented, “The defendant here is a remorseless, recidivist, and manipulative predator who deserves the longest possible sentence. Every day that he walks the street is a day that children are at risk. His efforts at manipulation here were as transparent as glass, and he fooled no one but himself. May he reflect on that as he serves his entirely deserved, very lengthy sentence in federal prison.”
Matthew J. Etre, Special Agent in Charge of HSI for New England added, “This sentencing will ensure that Dujuan Harris will be unable to harm other juveniles for a long time. We will continue to pursue those engaged in commercial sex trafficking with the help of our partners in Providence and beyond. This case serves as a good example of how partnerships between federal and local law enforcement can serve as a significant deterrent to those seeking to exploit children.”
“The Providence Police Department, along with our federal and local law enforcement partners, will continue to work vigilantly to remove people like Harris from the streets of our city and state,” said Providence Police Chief Hugh T. Clements. “Subjects who prey on young women for solicitation of sexual activity are a high priority for our investigators, and this sentencing should serve as an example to criminals in the sex trafficking game.”
Since his arrest and detention at the ACI, despite a no-contact order, Harris contacted the victim more than 100 times.
The case was prosecuted by Assistant U.S. Attorneys Terrence P. Donnelly and Ly T. Chin.
United States Attorney Peter F. Neronha thanks prosecutors from the Rhode Island Department of the Attorney General who assisted the United States Attorney’s Office in the prosecution of this matter.
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