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17 November 2016
Career Felon Sentenced to Serve More Than 17 Years in Federal PrisonRead the Press Release
BATON ROUGE, LA –United States Attorney Walt Green announced that Ravious Darnell Thomas, age 49, of Denham Springs, Louisiana, has been sentenced to a total of 215 months in federal prison as a result of possessing a firearm while a convicted felon, possessing crack cocaine and violating the terms of his supervised release.
On July 28, 2015, the Denham Springs Police Department arrested THOMAS. After a search of Thomas’s SUV, police recovered a loaded .22 Magnum pistol and crack cocaine. THOMAS had previously been convicted of federal and state felony offenses that prohibited him from ever possessing any type of firearm. Based on the July 2015 arrest, THOMAS was indicted and convicted of possession of a firearm by a convicted felon and possession of crack cocaine.
U.S. District Court Judge John W. deGravelles today sentenced THOMAS to serve a federal prison term of 180 months on the gun and drug charges. In addition, because THOMAS was on federal supervised release at the time of his July 2015 arrest, as a result of a prior, federal narcotics conviction, the Court also found THOMAS to have violated the terms of his supervised release, and sentenced him to an additional 35 months in federal prison for the violation.
U.S. Attorney Walt Green stated: “One of my highest priorities has been the enforcement of our gun and drug laws. Today’s long jail sentence removes an armed career criminal from our streets.”
This matter was prosecuted by Assistant United States Attorney Lyman E. Thornton III and investigated by the Denham Springs Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy Jr. announced today that Johannes Hiram, 50, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to 188 months in prison and lifetime supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on March 14, 2014, law enforcement officers searched the defendant’s residence on Linview Terrace in Buffalo. The officers recovered a Compaq Presario desktop computer and a Hewlett Packard mini laptop. A subsequent forensic examination determined that the devices contained approximately 750 image files and 20 videos containing child pornography. Over 400 of the image files depicted the violent sexual abuse of children. Some of the images also depicted child victims under the age of 12.
After his arrest in March 2014, Hiram pleaded guilty in Erie County Court on May 28, 2014, to sexual contact with an individual less than 11 years old. As a result, the defendant is already a registered sex offender.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes the Buffalo Police, Cheektowaga Police Department, and Niagara County Sherriff’s Office.
Aryan Brotherhood Gang Member Sentenced to 10 Years in Prison for Murder-for-Hire SchemeRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JEFFERY HOWARD, age 46, of Nicholson, Mississippi, was sentenced today after previously pleading guilty to use of interstate commerce facilities in the commission of murder-for-hire in violation of Title 18, United States Code, Section 1958(a).
U.S. District Judge Carl J. Barbier sentenced HOWARD to a 120-month term of imprisonment to be followed by a three (3) year term of supervised release.
According to court documents, as a result of a Federal Bureau of Investigation (“FBI”) Domestic Terrorism investigation, the New Orleans Joint Terrorism Task Force (“JTTF”) became aware of HOWARD, a known member of the Aryan Brotherhood, a violent white supremacy prison gang. HOWARD, who was allegedly involved in the trafficking of methamphetamine, sold drugs to an undercover law enforcement officer on numerous occasions. During one of the drug sales, HOWARD volunteered that he would be willing to commit a murder in exchange for money. HOWARD later accepted payment to commit a murder.
U.S. Attorney Polite praised the work of the FBI New Orleans Division JTTF for investigating this matter. Assistant United States Attorney Gregory M. Kennedy was in charge of the prosecution
Anchorage Man Sentenced to 10 Months in Federal Prison for Medicaid and Social Security Fraud SchemesRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced that Julio De La Cruz, 53, of Anchorage was sentenced yesterday by Chief U.S. District Judge Timothy M. Burgess to serve 10 months in federal prison for his part in a scheme to defraud the State of Alaska Medicaid Program out of approximately $64,000. In a separate case, Judge Burgess also sentenced De La Cruz to serve 10 months for defrauding the United States Social Security Administration out of approximately $37,000. De La Cruz was also ordered to serve three years of supervised release following his release from incarceration, and was ordered to pay restitution to the State of Alaska Medicaid Program and the U.S. Social Security Administration for the amounts of money which were misappropriated.
According to Assistant U.S. Attorney Joseph Bottini, De La Cruz participated in a scheme with a number of other individuals to falsify timesheets submitted to Medicaid for the payment of personal care assistant (PCA) services allegedly provided to enrolled Medicaid recipients. The Medicaid PCA program provides for the payment of certain services to those in financial need who are eligible to receive them – primarily the elderly or the permanently disabled. The PCA program covers services to assist with everyday living activities, such as bathing, dressing, toileting, transportation and shopping. The goal of the program is to allow the recipient to remain in their home rather than reside in an assisted living facility.
De La Cruz plead guilty earlier this year to conspiring with others to submit false timesheets for payment of PCA services when travel records showed that either the recipients or PCA providers were not in the United States. In the social security fraud case, De La Cruz similarly plead guilty earlier this year to participating in a scheme to have the U.S. Social Security Administration pay supplemental security income benefits to an individual who was not residing in the United States.
In imposing the prison sentences in each case, Judge Burgess noted that each of these social services programs are largely dependent on the honesty of those submitting claims for payment. Judge Burgess also noted that a sentence of incarceration for De La Cruz was important to send the message to the community that the abuse of such trust based systems will not be tolerated.
U.S. Attorney Loeffler commends the State of Alaska Medicaid Fraud Control Unit, the United States Social Security Administration, Office of Inspector General, Homeland Security Investigations, and the Federal Bureau of Investigation for the investigation of these cases.
Alma Brothers Sentenced to 20 Years Each in Federal Prison for Production of Child PornographyRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Brett Karr, age 28 and Adam Karr, age 29, both of Alma, Arkansas, were sentenced today in federal court on three counts each of Production of Child Pornography. Brett and Adam Karr were each sentenced to 240 months in federal prison followed by five (5) years of supervised release on each count to run concurrent with each other. The sentencing hearings took place before the Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
Brett Karr: In August 2015, the River Valley Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant on the residence of Brett and Adam Karr where they seized several digital storage devices. A forensic examination of the devices revealed several videos depicting a nine-year-old child and Brett Karr engaging in sexually explicit conduct. Brett Karr was indicted by a federal grand jury in September 2015 and pleaded guilty in June 2016.
Adam Karr: When the ICAC Task Force initiated the search warrant on the Karr residence in Alma, Adam Karr was also living in the home. Agents found a disc in Adam Karr’s possession labeled with the name of a child that contained fourteen videos and one picture of an eight-year-old child engaging in sexually explicit conduct. Adam Karr admitted that he filmed the videos contained on the disc. Adam Karr was indicted by a federal grand jury in September 2015 and pleaded guilty in June 2016.
“HSI works everyday with our state and local law enforcement partners to ensure the perpetrators of these despicable crimes are brought to justice”, said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “We will continue to aggressively investigate allegations of child exploitation and seek justice for the victims.”
The Karr cases were investigated by Homeland Security Investigations and the ICAC Task Force. Assistant United States Attorney Ashleigh Buckley prosecuted the cases for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov
Allentown Man Charged with Illegal RentryRead the Press Release
Ruben Dario Pena-Ortiz, 43, a/k/a “Willie Diaz Rosa,” a/k/a “Lorenzo Echavaria,” of Allentown, PA, was charged today by Indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about June 1, 2016, Pena-Ortiz, an alien, and native and citizen of the Dominican Republic, was found in the United States after having been deported from the United States on or about August 8, 2004 and November 19, 2013.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Katherine E. Driscoll.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Alaskan Oncologist Indicted for Tax EvasionRead the Press Release
A resident of Big Lake, Alaska was indicted on four counts of tax evasion, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Karen L. Loeffler of the District of Alaska.
Larry Lawson was an oncologist who practiced under Midnight Sun Oncology Inc., an Alaskan business corporation. The superseding indictment alleges that Lawson attempted to evade his 2009 through 2012 individual income tax liabilities by filing false individual and corporate income tax returns that falsely claimed, among other things, charitable contributions. The superseding indictment further alleges that Lawson made a false statement to an Internal Revenue Service (IRS) agent during an audit of his 2009 and 2010 individual income tax returns by stating that he did not receive any items or property in return for money contributed to a non-profit Arizona corporation during those years. According to IRS rules and regulations, if an individual receives a benefit or items or property as a result of making a contribution to a qualified organization, the individual may deduct only the amount of the contribution that exceeds the value of the benefit or items or property received.
Lawson was also charged with one count of obstructing and impeding the internal revenue laws. The superseding indictment alleges that Lawson created and used nominee entities to conceal his individual income. It further alleges that he created From the Vault Inc., a not-for-profit Alaska corporation, that he used as a nominee primarily to acquire and maintain his own personal collection of fossils, dinosaurs, maps, rare books, rare manuscripts, and related material.
If convicted, Lawson faces a statutory maximum sentence of five years in prison for each count of tax evasion and three years in prison for obstructing and impeding the internal revenue laws. Lawson also faces a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Loeffler thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Lori A. Hendrickson and Timothy M. Russo of the Tax Division and Assistant U.S. Attorney Retta-Rae Randall, who are prosecuting the case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the division website.
Alaskan Oncologist Indicted for Tax EvasionRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler of the District of Alaska, and Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division announced today that Larry Lawson, a resident of Big Lake, Alaska, was indicted in October 2016, with one count of tax evasion for 2009. A superseding indictment was returned with additional charges of tax evasion for 2010, 2011, and 2012. Lawson was also charged with one count of obstructing and impeding the internal revenue laws.
Lawson was an oncologist who practiced under Midnight Sun Oncology Inc., an Alaskan business corporation. The superseding indictment alleges that Lawson attempted to evade his 2009 through 2012 individual income tax liabilities by filing false individual and corporate income tax returns that falsely claimed, among other things, charitable contributions. The superseding indictment further alleges that Lawson made a false statement to an Internal Revenue Service (IRS) agent during an audit of his 2009 and 2010 individual income tax returns by stating that he did not receive any items or property in return for money contributed to a non-profit Arizona corporation during those years. According to IRS rules and regulations, if an individual receives a benefit or items or property as a result of making a contribution to a qualified organization, the individual may deduct only the amount of the contribution that exceeds the value of the benefit or items or property received.
The superseding indictment alleges that Lawson created and used nominee entities to conceal his individual income. It further alleges that he created From the Vault Inc., a not-for-profit Alaska corporation, that he used as a nominee primarily to acquire and maintain his own personal collection of fossils, dinosaurs, maps, rare books, rare manuscripts, and related material.
If convicted, Lawson faces a statutory maximum sentence of five years in prison for each count of tax evasion and three years in prison for obstructing and impeding the internal revenue laws. Lawson also faces a period of supervised release and monetary penalties.
U.S. Attorney Loeffler and Principal Deputy Assistant Attorney General Ciraolo thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Lori A. Hendrickson and Timothy M. Russo of the Tax Division and Assistant U.S. Attorney Retta-Rae Randall, who are prosecuting the case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the division website.
23 indicted in methamphetamine conspiracyRead the Press Release
Drug trafficking organizations disrupted on Southwest side of Indianapolis
PRESS RELEASE
Indianapolis—United States Attorney Josh J. Minkler announced today federal charges against 23 individuals who are alleged to be dealing methamphetamine on the Southwest side of Indianapolis.
“Narcotics dealing spawns increased violence in our neighborhoods,” said Minkler. “Those that are in the business of dealing drugs in this community can expect the full brunt of the federal hammer and the consequences that follow.”
In early 2016, law enforcement officials learned that an organization was responsible for bringing large quantities of methamphetamine into neighborhoods on the Southwest side of Indianapolis. Brothers Jose and Juan Zamudio were identified as the local source of supply, bringing methamphetamine and other narcotics into Indianapolis. Once in the hands of the Zamudios, the drugs were redistributed to others for sale.
FBI Safe Streets working with IMPD and other federal/state/local officials used a number of investigative techniques to uncover the conspiracies and served 40 warrants at various locations early this morning. As a result of the investigation, over 94 firearms were seized along with 19 pounds of methamphetamine 35 pounds of marijuana, 1 kilogram of cocaine, 1.5 kilograms of heroin and $85,000 in cash.
Operation Glass Houses was a joint investigation between the FBI, IMPD, IRS –Criminal Investigation, ATF, DEA, Homeland Security Investigations, Indiana State Police, Marion County Sheriff’s Office, Marion County Prosecutor’s Office, Carmel PD, Fishers PD, Noblesville PD, Hamilton County Drug Unit, Putnam County Sheriff’s Office, Terre Haute PD, Vigo County Sheriff’s Office and the Clinton IN. PD.
Charged today include: Daryl Albertson, 44
Jessica Dreyer, 40
Amanda Nelson Craft, 40
Kimberly Gaskins, 44
Jose Zamudio, 36
Christian Morales, 27
Alejandro Garcia, 34
Adrian Bennett, 33
Jeffrey Rush, 49
Samantha Barton, 40
Joseph Coltharp, 49
James Smotherman, 42
Anthony Plymate, 47
Falisha Shatz, 38
Jessica Dreyer, 40
Christopher Williams, 34
Juan Zamudio, 31
Maria Gonzalez, 36
Evelyn Perez, 22
Jeremy Perdue, 34
Gerardo Nunez, 26
David Silnes, 41
Timothy Berry, 29
Armando Bautista, 37“The FBI’s message is clear and unequivocal,” said FBI Special Agent in Charge W. Jay Abbott. “We will continue to work together with our federal, state, and local law enforcement partners to rid the streets throughout Indiana of dangerous and violent offenders. Today’s operation illustrates our commitment to using our combined resources to attack these criminal enterprises.”
IRS Criminal Investigation Special Agent in Charge James D. Robnett stated, “Drug trafficking organizations thrive on financial gain and perpetuate criminal violence in our city. IRS Criminal Investigation brings its financial expertise to an investigation and we are privileged to be working with other federal, state and local law enforcement partners to keep our communities safe.”
“Since the start of 2016, a goal of the Indianapolis Metropolitan Police Department has been to increase collaboration with our federal law enforcement partners,” said Chief Troy Riggs. “This particular investigation serves as an example of law enforcement working cooperatively to address citizen’s concerns about narcotics trafficking in their neighborhoods. I would like to thank our federal, state, and local partners for their help in dismantling this high-level narcotics organization within Indianapolis.”
According to Assistant United States Attorney Michelle Brady who is prosecuting this case for the government, all defendants face a sentence of 10 years to life if convicted of all counts.
An indictment is only charge and not evidence of guilt. All parties are presumed innocent until proven otherwise in federal court.
16 November 2016
York Man Guilty of Federal Child Sexual Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Charles Clarke, age 43, of York, Pennsylvania pleaded guilty on November 15, 2016, before Senior Judge Sylvia Rambo in Harrisburg to production, possession and transportation of child pornography.
According to United States Attorney Bruce D. Brandler, between 2010 and 2015, Clarke sexually assaulted a minor child on multiple occasions and videoed that abuse. Clarke was arrested by the Southwestern Regional Police Department on September 26, 2015 and charged with rape of a child and associated offenses. When Clarke’s home was searched, multiple computers, hard drives, thumb drives and CDs were seized. The Federal Bureau of Investigation forensically examined this evidence and discovered that Clarke had downloaded and saved child pornography images on a number of the devices. Further investigation revealed that in 2010, Clarke transported images of child pornography across state lines, from Iowa to Pennsylvania.
The case is being investigated by the Federal Bureau of Investigation and the Southwestern Regional Police Department. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The production of child pornography charge carries a mandatory minimum sentence of 15 years in prison and the maximum penalty under federal law is 70 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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Worley Man Admits to Mail TheftRead the Press Release
COEUR D’ALENE – Delbert William Lee, Jr., 44, of Worley, Idaho, pleaded guilty today to theft of mail matter, U.S. Attorney Wendy J. Olson announced. Lee was indicted by a federal grand jury in Coeur d'Alene on April 19, 2016.
At the plea hearing, Lee admitted to stealing mail from a post office box located in Worley, Idaho. The victim shared a post office box with Lee’s co-conspirator, Twilla Marie St. Pierre, 39, of Worley, Idaho. The mail stolen by Lee and St. Pierre contained checks belonging to the victim.
The charge of theft of mail matter is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for March 8, 2017, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene. St. Pierre pleaded guilty to theft or receipt of stolen mail matter on October 18, 2016, and she scheduled to be sentenced on January 18, 2017.
The case was investigated by Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Woman Sentenced to Three Years in Prison for Bank FraudRead the Press Release
SAN JUAN, Puerto Rico– Miosotis Ribot-Figueroa (Ribot) was sentenced before US District Court Judge Gustavo Gelpí to 36 months in prison, three years of supervised release, an order to forfeit her home in the Municipality of Gurabo, and an order to pay a restitution of $451,950.77 for bank fraud and aggravated identity theft charges, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. José F. González-Guzmán (González) was sentenced to five years of probation, was ordered to forfeit a Vessel, a 2002 Doral International Model 360SE named Cizañas, and was ordered to pay a restitution of $4,134.35 for one charge of monetary transaction in property derived from specified unlawful activity. Both defendants had plead guilty on April 26, 2016.
On December 9, 2015, a Federal grand jury returned a seventy-nine count indictment with multiple counts of bank fraud, wire fraud, aggravated identity theft, and four counts of monetary transactions in property derived from specified unlawful activity. The Federal Bureau of Investigation (FBI) was in charge of the investigation.
According to the indictment, which was filed on December 9, 2015, these charges stem from a scheme utilized by Ribot from approximately May to October 2014 to make thirty-four unauthorized bank transfers from the bank account of her employer to bank accounts controlled by Ribot and/or González totaling approximately $490,165.42. Ribot was employed as an assistant controller for a Puerto Rico company that sold, distributed, and provided service for medical equipment.
As a part of the scheme, Ribot logged into her employer’s computer network and accessed their bank’s system for processing payments and bank transfers to vendors and customers. Ribot then processed thirty-four unauthorized bank transfers to herself and González. Ribot submitted false and fraudulent invoices to correspond to the fraudulent bank transfers. Ribot also submitted false information into a journal voucher system to reflect that the bank transfer had been authorized by a supervisor. In doing so, Ribot utilized the names and signature of others to further the scheme to defraud, which constituted the aggravated identity count.
The case was prosecuted by Assistant U.S. Attorney Seth Erbe.
Walter Porter Sentenced to Life for Murder-for-HireRead the Press Release
U.S. Attorney Kenneth A. Polite announced WALTER PORTER, a/k/a “Moonie,” a/k/a “Urkel,” age 40, of New Orleans, was sentenced today for his participation in the November 2010 murder of Christopher “Tiger” Smith.
On March 9, 2016, a federal jury found PORTER guilty as charged for use of interstate commerce facilities in the commission of murder-for-hire, causing death through the use of a firearm, and conspiracy to possess firearms.
U.S. District Judge Sarah S. Vance sentenced PORTER to life imprisonment on Count 2 (conspiracy to use interstate commerce facilities in the commission of murder-for-hire), and on Count 3 (causing death through the use of a firearm), while sentencing him to 240 months, the statutory maximum, on Count 4 (conspiracy use and carry firearms). All sentences were run concurrently to each other. Today’s sentence will also run concurrently with PORTER’s life sentence imposed on November 9, 2016, for his involvement as a HANKTON gang associate.
According to court documents, on November 21, 2010, at 8:10 pm, Christopher Smith was found by Jefferson Parish Sheriff (“JPSO”) deputies lying in the doorway of his Gretna apartment, after having been shot at least twenty times. Smith was pronounced dead at the scene. JPSO’s investigation ultimately revealed that NEMESSIS BATES paid co-defendants, PORTER and AARON SMITH, a/k/a “Beadie,” a/k/a “Beedie,” $20,000 to murder Christopher Smith. AARON SMITH previously pled guilty and awaits sentencing. BATES was sentenced to life in prison.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorneys Liz Privitera and Greg Kennedy were in charge of the prosecution.
Wallace Couple Sentenced to Lengthy Prison Terms for Conspiring to File Fraudulent Income Tax ReturnsRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announces that on November 15, 2016, in federal court, Chief United States District Judge James C. Dever III, sentenced WALDA LUNA, 46, and PERFECTO RUANO, 57, both of Wallace, North Carolina, to lengthy terms of imprisonment and ordered them to pay nearly $3,000,000 in restitution to the Internal Revenue Service. The Court also issued an order, forfeiting $1,789,520 seized by the Arkansas State Police during a traffic stop in May, 2014, and four properties owned by the defendants in Duplin County.
On June 20, 2016, LUNA and RUANO pled guilty to conspiracy to file fraudulent income tax returns using Individual Taxpayer Identification Numbers (ITINs). The ITIN program enables aliens, who earn income in the United States, to file income tax returns and pay taxes. The wage and tax statements attached to these ITIN returns were bogus. The individuals never worked for those employers and never paid the taxes through withholdings claimed on the fraudulent returns. The couple used five post office boxes and four physical addresses in Duplin County to receive hundreds of fraudulent refund checks, seeking millions of dollars from the United States Treasury.
RUANO was sentenced to 57-months to be followed by three-years of supervised release. LUNA, who also pled guilty to filing a false individual income tax return in her name and aggravated identity theft for fraudulently claiming two individuals as dependents on her return to increase her refund, was sentenced to a total of 81-months. Since LUNA is not a United States citizen and is subject to deportation after serving her sentence.
United States Attorney John S. Bruce stated, "Our office was pleased to partner with IRS-Criminal Investigations Division, Homeland Security Investigations, U.S. Postal Inspection Service, and the Duplin County Sheriff's Office in this significant case. Refund fraud and identify theft are serious problems that victimize all law-abiding taxpayers as well as individual victims"
IRS Special Agent in Charge of the Charlotte Field Office, Thomas J. Holloman, III, commented that these sentences “show how seriously the courts take federal tax crimes.” Agent Hollomon stated the IRS remains diligent in “enforcing the law directed at those who attempt to defraud our nation’s tax system.”
Nick S. Annan, Special Agent in Charge of ICE Homeland Security Investigations, Atlanta Region, explained that such crimes “not only steal directly from hard-working taxpayers but also pose a serious threat to national security by introducing forged and fraudulent identity documents.”
The Internal Revenue Service’s Criminal Investigation Division led the investigation of this case with the assistance of the United States Department of Homeland Security, the United States Postal Inspection Service, and the Duplin County Sheriff’s Office.
Assistant United States Attorney Susan B. Menzer represented the government.
U.s. Attorney Wifredo Ferrer to Speak at Naturalization Ceremony with Uscis District Director Linda SwacinaRead the Press Release
United States Attorney for the Southern District of Florida Wifredo A. Ferrer will participate and deliver remarks at a special naturalization ceremony conducted by the U.S. Citizenship and Immigration Services (USCIS) at the USCIS office in Miami, Florida on FRIDAY, NOV. 18, AT 11:00 A.M. EST. District Director Linda Swacina of the USCIS will administer the Oath of Allegiance to 170 candidates from 27 countries who will become America’s newest citizens.
The 170 naturalization candidates originate from the following 27 countries: Argentina, Bahamas, Brazil, Canada, Colombia, Cuba, Dominican Republic, Ecuador, El Salvador, France, Guatemala, Haiti, Honduras, Hungary, Israel, Italy, Jamaica, Mexico, Morocco, Nicaragua, Nigeria, Peru, Russia, Spain, Thailand, Uruguay, and Venezuela.
USCIS is asking new citizens and their families and friends to share the experiences and photos from their ceremonies via Twitter using the hashtag #newUScitizen. For more information about USCIS visit www.uscis.gov.
WHAT:
U.S. Citizenship and Immigration Services conducting a special naturalization ceremony
WHO:
U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer
USCIS Miami and Caribbean District Director Linda Swacina
USCIS Miami Field Office Director Yeseira Diaz
USCIS Senior Immigration Services Officer Melissa Andrews
WHEN:
FRIDAY, NOVEMBER 18, 2016
11:00 a.m. EST
WHERE:
Department of Homeland Security
United States Citizenship and Immigration Services
8801 NW 7th Avenue, Miami FL 33150
OPEN PRESS
NOTE:
Media should RSVP to USCIS Public Information Officer Ana Santiago at [email protected]. All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials.
Two Tennessee Residents Indicted for Conspiracy and Employment Tax FraudRead the Press Release
Impeded IRS Efforts to Collect and Failed to Pay Over $2.8 Million in Payroll Taxes
A federal grand jury sitting in Memphis, Tennessee returned an indictment on Nov. 10, which was unsealed yesterday, charging two Tennessee residents with conspiring to defraud the United States and failing to account for and pay over employment tax, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Edward L. Stanton III for the Western District of Tennessee.
Mark and Jayton Stinson were each arrested Tuesday and charged with one count of conspiring to defraud the United States and five counts of failing to truthfully account for and pay over payroll taxes. Mark Stinson was also charged with five counts of filing false tax returns, one count of theft of government funds, and one count of aggravated identity theft.
According to the indictment, from 2005 through 2015, the Stinsons operated a temporary staffing company that provided services to businesses in Tennessee and elsewhere. The staffing company’s standard contract with its customers provided that the staffing company was responsible for withholding employment tax from its employees’ wages and paying over the amounts withheld to the Internal Revenue Service (IRS).
It is alleged that the Stinsons failed to pay over $2.8 million in employment tax to the IRS, failed to timely file employment tax returns and filed false employment tax returns. The indictment further alleges that despite having the same line of business and substantially the same customers, the Stinsons changed the name and structure of the company multiple times after accumulating employment tax liabilities, operating as Jayton Stinson Connex Staffing & Janitorial Service, Connexx Staffing Services LLC, Connexx Staffing Services Inc. and Complete Employment Agency.
The Stinsons are also alleged to have conspired to impede IRS collection efforts of the company’s payroll tax liabilities. For example, the Stinsons are alleged to have made false representations to the IRS about their control of the staffing company and their knowledge of their responsibility to truthfully account for and pay over the employment taxes, placed the staffing company in the names of nominees who did not have control over the business operations, and established payment arrangements intended to impede an IRS levy placed on their customer payments. It is further alleged that the Stinsons used the withheld funds to pay for personal expenses, including a Mercedes-Benz, a Cadillac Escalade, mortgage payments and private school tuition for their children.
If convicted, the Stinsons face a statutory maximum sentence of five years in prison for the conspiracy count and for each count of failing to pay over employment taxes. Mark Stinson also faces a statutory maximum sentence of three years in prison for each false return count, 10 years in prison for theft of government funds and a mandatory sentence of two years in prison for the aggravated identity theft charge, which will be in addition to any other term of imprisonment he receives. Both defendants also face a period of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Stanton commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Damon Griffin and Trial Attorney Nathan Brooks of the Tax Division, who are prosecuting the case.
An indictment merely alleges that crimes have been committed. Defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Two Northern California Real Estate Investors Agree to Plead Guilty to Bid Rigging at Public Foreclosure AuctionsRead the Press Release
Investigations Have Yielded 59 Plea Agreements to Date
Two Northern California real estate investors have agreed to plead guilty today for their role in a conspiracy to rig bids at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
California real estate investors John Michael Galloway and Nicholas Diaz each pleaded guilty to one count of bid rigging in U.S. District Court for the Northern District of California in Oakland today. Both were charged in an indictment returned by a federal grand jury in the Northern District of California on December 3, 2014.
According to court documents, between June 2008 and January 2011, John Michael Galloway and Nicholas Diaz conspired with others not to bid against one another, instead designating a winning bidder to obtain selected properties at public real estate foreclosure auctions in Contra Costa County. The selected properties were then awarded to the conspirators who submitted the highest bids in the second, private auctions. The private auctions often took place at or near the courthouse steps where the public auctions were held.
The department said that the primary purpose of the conspiracies was to suppress and eliminate competition in order to obtain selected real estate offered at Contra Costa County public foreclosure auctions at noncompetitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with remaining proceeds, if any, paid to the homeowner.
The guilty pleas entered today were the result of the department in its ongoing investigation into bid rigging at public real estate foreclosure auctions in San Francisco, San Mateo, Contra Costa and Alameda counties, California. To date, 59 individuals have agreed to plead or have pleaded guilty. In addition, indictments are pending against 16 real estate investors. These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office, in connection with the president’s Financial Fraud Enforcement Task Force.
The president established the task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.
For more information about the task force, please visit www.StopFraud.gov. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Twelve Men Charged in ‘ATM Skimming’ Conspiracy Targeting Multiple New Jersey Bank LocationsRead the Press Release
NEWARK, N.J. – Twelve men were charged as part of a scheme that used secret card-reading devices and pinhole cameras installed on PNC and Bank of America ATMs to steal at least $428,581, U.S. Attorney Paul J. Fishman of the District of New Jersey and Assistant Attorney General Leslie R. Caldwell of the Criminal Division announced today.
Bogdan Viorel Rusu, 36, of Howard Beach, New York; Marcel Peckham, a/k/a “Marcel Enescu Cismas,” 43, of Little Neck, New York; Catalin Mihai Dragomir, 32, of Glendale, New York; Eduard Vasilica Ticu, 28, of Glendale; Stefan Dumitru, 28, of Astoria, New York; 39, an unidentified defendant known as “Zoltan Nagy,” 39 of Bayside, New York; Silvester Florentin Papp, 24, of Ridgewood, New York; Joel Abel Garcia, 34, of Bronx, New York; Vasilica Adrian Hanganu, 35, of Bayside; Florian Calin Crainic, 46, of Des Plaines, Illinois; Gabriel Mares, 43, of College Point, New York; and his brother Florin Mares, 48, of College Point, are each charged by complaint with one count of conspiracy to commit bank fraud.
All of the defendants were arrested yesterday and this morning, with the exception of Nagy, who is still at large. Those who were apprehended, with the exception of Crainic, appeared this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court. Crainic was scheduled to appear today in Illinois federal court.
According to the complaint:
The scheme, which was allegedly led by Rusu, sought to defraud financial institutions and their customers by illegally obtaining customer account information, including account numbers and personal identification numbers. Between March 2015 and July 2016, the conspirators allegedly installed electronic equipment at ATMs at several banks across New Jersey. The “skimming” equipment included pinhole cameras and electronic devices capable of recording bank customer information encoded on the magnetic stripe of credit and debit cards.
The conspirators then transferred the stolen card data to counterfeit bank cards and subsequently used that data to withdraw cash from the compromised accounts. For example, on one occasion in January 2016, one of the defendants used counterfeit ATM cards encoded with stolen bank account information at four different Bank of America locations on the same day.
The conspirators are alleged to have stolen at least $428,581 from Bank of America.
U.S. Attorney Fishman and Assistant Attorney General Caldwell credited special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Terence Opiola in Newark, as well as the U.S. Secret Service’s Boston and New York field offices and the East Longmeadow, Cambridge, and Medford, Massachusetts, police departments with the investigation. They also thanked the Middlesex County, Massachusetts, DA’s office; the U.S. Attorney’s Office of the Eastern District of New York and the U.S. Attorney’s Office, District of Massachusetts Springfield Division, as well as the Bank of America Security and Fraud Section, the PNC Bank Security Division and TD Bank, for their assistance in this case.
The government is represented by Assistant U.S. Attorney Kelly Graves of the U.S. Attorney’s Office Criminal Division in Newark and Trial Attorney Marianne Shelvey of the Justice Department’s Criminal Division Organized Crime and Gang Section.
The charges and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Twelve Men Charged in ‘ATM Skimming’ Conspiracy Targeting Multiple New Jersey Bank LocationsRead the Press Release
NEWARK, N.J. – Twelve men were charged as part of a scheme that used secret card-reading devices and pinhole cameras installed on PNC and Bank of America ATMs to steal at least $428,581, U.S. Attorney Paul J. Fishman of the District of New Jersey and Assistant Attorney General Leslie R. Caldwell of the Criminal Division announced today.
Bogdan Viorel Rusu, 36, of Howard Beach, New York; Marcel Peckham, a/k/a “Marcel Enescu Cismas,” 43, of Little Neck, New York; Catalin Mihai Dragomir, 32, of Glendale, New York; Eduard Vasilica Ticu, 28, of Glendale; Stefan Dumitru, 28, of Astoria, New York; 39, an unidentified defendant known as “Zoltan Nagy,” 39 of Bayside, New York; Silvester Florentin Papp, 24, of Ridgewood, New York; Joel Abel Garcia, 34, of Bronx, New York; Vasilica Adrian Hanganu, 35, of Bayside; Florian Calin Crainic, 46, of Des Plaines, Illinois; Gabriel Mares, 43, of College Point, New York; and his brother Florin Mares, 48, of College Point, are each charged by complaint with one count of conspiracy to commit bank fraud.
All of the defendants were arrested yesterday and this morning, with the exception of Nagy, who is still at large. Those who were apprehended, with the exception of Crainic, appeared this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court. Crainic was scheduled to appear today in Illinois federal court.
According to the complaint:
The scheme, which was allegedly led by Rusu, sought to defraud financial institutions and their customers by illegally obtaining customer account information, including account numbers and personal identification numbers. Between March 2015 and July 2016, the conspirators allegedly installed electronic equipment at ATMs at several banks across New Jersey. The “skimming” equipment included pinhole cameras and electronic devices capable of recording bank customer information encoded on the magnetic stripe of credit and debit cards.
The conspirators then transferred the stolen card data to counterfeit bank cards and subsequently used that data to withdraw cash from the compromised accounts. For example, on one occasion in January 2016, one of the defendants used counterfeit ATM cards encoded with stolen bank account information at four different Bank of America locations on the same day.
The conspirators are alleged to have stolen at least $428,581 from Bank of America.
U.S. Attorney Fishman and Assistant Attorney General Caldwell credited special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), under the direction of Special Agent in Charge Terence Opiola in Newark, as well as the U.S. Secret Service’s Boston and New York field offices and the East Longmeadow, Cambridge, and Medford, Massachusetts, police departments with the investigation. They also thanked the Middlesex County, Massachusetts, DA’s office; the U.S. Attorney’s Office of the Eastern District of New York and the U.S. Attorney’s Office, District of Massachusetts Springfield Division, as well as the Bank of America Security and Fraud Section, the PNC Bank Security Division and TD Bank, for their assistance in this case.
The government is represented by Assistant U.S. Attorney Kelly Graves of the U.S. Attorney’s Office Criminal Division in Newark and Trial Attorney Marianne Shelvey of the Justice Department’s Criminal Division Organized Crime and Gang Section.
The charges and allegations contained in the complaints are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Twelve Individuals Charged in ATM Skimming ConspiracyRead the Press Release
Twelve individuals were charged with allegedly executing a scheme to defraud customers of Bank of America and PNC Bank through conduct known as “ATM skimming,” according to complaints that were unsealed following the arrest of the majority of the defendants, announced Assistant Attorney General Leslie R. Caldwell of the Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey
Bogdan Viorel Rusu, 36, of Howard Beach, New York; Marcel Peckham, aka Marcel Enescu Cismas, 43, of Little Neck, New York; Catalin Mihai Dragomir, 32, of Glendale, New York; Eduard Vasilica Ticu, 28, also of Glendale; Stefan Dumitru, 28, of Astoria, New York; an unidentified defendant, known as Zoltan Nagy, 39, of Bayside, New York; Silvester Florentin Papp, 24, of Ridgewood, New York; Joel Abel Garcia, 34, of Bronx, New York; Gabriel Mares, 43, of College Point, New York; Florian Calin Crainic, 46, of Des Plaines, Illinois; Florin Mares, 48, also of College Point; and Vasilica Adrian Hanganu, 35, also of Bayside, are each charged by complaint with one count of conspiracy to commit bank fraud. All of the defendants have been arrested, with the exception of Nagy, who remains at large.
According to the complaint, the co-conspirators – led by Rusu – sought to defraud financial institutions and their customers by illegally obtaining customer account information, including account numbers and personal identification numbers. Between March 2015 and July 2016, the co-conspirators allegedly installed electronic equipment at ATMs at several banks across New Jersey. The “skimming” equipment allegedly included pinhole cameras and electronic devices capable of recording bank customer information encoded on the magnetic stripe of credit and debit cards. The co-conspirators allegedly transferred the stolen card data to counterfeit bank cards and subsequently used that data to withdraw cash from the compromised accounts using various means. For example, on one occasion in January 2016, one of the defendants used counterfeit ATM cards encoded with stolen bank account information at four different Bank of America locations on the same day.
The co-conspirators are alleged to have stolen at least $428,000 from Bank of America customers in New Jersey.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigation’s Newark, New Jersey, Division; U.S. Secret Service’s Boston and New York Field Offices; East Longmeadow, Massachusetts, Police Department; Cambridge, Massachusetts, Police Department; and Medford, Massachusetts, Police Department investigated the case with assistance from Bank of America Security and Fraud Section, PNC Bank Security Division and TD Bank. The Middlesex County, Massachusetts, District Attorney’s Office; U.S. Attorney’s Office of the Eastern District of New York and U.S. Attorney’s Office of the District of Massachusetts Springfield Division assisted in the investigation and prosecution. Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Kelly Graves of the District of New Jersey are prosecuting the case.
Three Sentenced for Armed Robbery, Killing of Store ClerkRead the Press Release
ABINGDON, VIRGINIA – Three people who went on an armed robbery spree that ended with the killing of a store clerk in Mt. Airy, North Carolina in 2012, were sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Previously, Joshua Robert Berry, 32, of Bluewell, Virginia, pled guilty to two counts of armed robbery, two counts of brandishing a firearm during those armed robberies, one count of conspiring to commit armed robbery and one count of using a firearm in the commission of an armed robbery that resulted in the death of another person. Yesterday in District Court, Joshua Berry was sentenced to 734 months in federal prison.
Two others involved in the crime spree, Emmanuel William Foster, 27, of Bluewell, Virginia, previously pled guilty to two counts of armed robbery, two counts of brandishing a firearm during those armed robberies, one count of conspiring to commit armed robbery and one count of using a firearm in the commission of an armed robbery that resulted in the death of another person. Yesterday in District Court, Foster was sentenced to 749 months in federal prison.
Sarah Looney Berry, 28, of Bluewell, Virginia, previously pled guilty to one count of conspiring to commit armed robbery and one count of using a firearm in the commission of an armed robbery that resulted in the death of another person. Yesterday Sarah Berry was sentenced to 412 months in federal prison for her role in the conspiracy.
“These three individuals acted in a violent and irresponsible manner that ultimately robbed a man of his life,” United States Attorney Fishwick said today. “The sentences imposed today righteously punish these three for the manner in which they terrorized a community for well over a month while they committed violent armed robbery after violent armed robbery. I am glad to see justice done here today.”
According to evidence presented at previous hearings by First Assistant United States Attorney Anthony P. Giorno and Assistant United States Attorney Zachary T. Lee, Joshua Beery, Foster, and Sarah Berry, conspired to commit a series of armed robberies in Virginia, West Virginia and North Carolina from April 2012 through May 2012.
Joshua Berry previously admitted that on April 29, 2012, he and Foster robbed the Marquee Cinema in Wytheville, Virginia. Both men carried firearms during the robbery and were wearing black hoodies with bandanas covering their faces. Joshua Berry said they entered the business with their weapons drawn and ordered the manager to empty the registers. When they were told there was no money in the registers, Joshua Berry and Foster took the manager, and another employee, into a back room and told them to open a safe. As the manager was having trouble opening the safe, Foster put his handgun to the manager’s head and threatened to kill him if the other employee did not get the safe open. The manager was able to open the safe, which contained $4,317. Video from a nearby Wal-Mart showed a dark colored, four-door sedan, matching a vehicle commonly operated, at that time, by Sarah Berry, waiting in the parking lot behind the theater. Sarah Berry admitted in federal court to driving Joshua Berry and Foster away from the robbery in the sedan.
Joshua Berry also admitted that on May 21, 2012 he and Foster robbed the Abingdon Cinemall. The two men once again entered the business wearing black hoodies, but this time wore full-face masks and sunglasses and once again had guns drawn. When the manager observed the men entering the business, she ran to her office, one of the men saw her and chased her. Foster and Joshua Berry robbed the cash registers of the business and left with approximately $200 in cash. Video surveillance from Abingdon High School, which is located nearby, showed a pick-up truck waiting behind the business with its lights on during the robbery. Sarah Berry admitted to using her father’s pick-up truck during the robbery to drive Foster and Joshua Berry away from the scene.
On May 25, 2012, at approximately 11:50 p.m., Joshua Berry and Foster entered Eddie’s Zip Foods in Mt. Airy, North Carolina. The store owner, Donald Arnder, and his employee, Gerardo Rojas, were reviewing the days’ receipts and getting ready to close the store at midnight. The two men entered the store with Joshua Berry carrying a rifle and Foster carrying a handgun. Joshua Berry admitted today that he and Foster entered the store and that Foster and Arnder, who had a .38 caliber revolver, exchanged gunfire. Foster shot Arnder twice with a .9 mm handgun, once in the arm and once in the abdomen. Arnder died at the scene. During the exchange, Foster was shot once. After Joshua Berry carried Foster to Sarah Berry’s waiting car, the two brought Foster to a nearby residence and tried to remove the bullet themselves. When they could not get the bullet out, they took Foster to a hospital in Bland, Virginia for treatment. Foster was eventually transferred to a trauma center in Roanoke, Virginia for treatment.
The investigation of the case was conducted by the Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mt. Airy, North Carolina, Police Department, the Abingdon Police Department, the Wytheville Police Department and the Bluefield, West Virginia Police Department. First Assistant United States Attorney Anthony P. Giorno and Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Tax Defier Sentenced for $1 Million Tax EvasionRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Peculiar, Mo., man associated with “sovereign citizens” groups was sentenced in federal court today for tax evasion totaling nearly $1 million over the past decade.
Harold R. Stanley, 62, of Peculiar, was sentenced by U.S. District Judge Roseann Ketchmark to five years in federal prison without parole. Today’s sentencing includes a sentencing enhancement for obstruction of justice. Stanley was taken into custody at the conclusion of today’s hearing.
On June 2, 2016, Stanley was found guilty at trial of one count of tax evasion and one count of endeavoring to obstruct and impede the due administration of the internal revenue laws. Evidence submitted during the trial established that Stanley had a substantial income but deliberately and willfully refused to pay any federal income tax.
Stanley, an electrical engineer, was hired by companies as a consultant and received $971,604 from self-employment from 2005 to 2009 as an independent contractor. According to court documents, Stanley is a tax defier who failed to file any tax returns for 2005 and 2006. Stanley has participated in “sovereign citizens” groups that believe the federal income tax system is voluntary and that they do not have to pay their fair share in taxes.
For tax years 2007 through 2009, Stanley filed substantially correct returns but left the tax line entry blank and failed to submit any payment. According to court documents, Stanley has not filed a tax return for tax years 2010 through 2015.
The total criminal tax loss, including relevant conduct, for 2005 through 2015 totals $980,025. Stanley was convicted at trial of evading taxes from 2005 through 2009. During that time, Stanley had taxable income of $686,829; the criminal tax loss for 2005 through 2009 is $259,900. In sentencing Stanley today, the court also considered his tax evasion from 2010 through 2015 as relevant conduct.
Court documents also cite several actions taken by Stanley that constituted a willful attempt to obstruct the administration of justice in this case.
Stanley submitted fake money orders for payment to the Internal Revenue Service, returned documents to the Internal Revenue Service claiming that the tax assessments were satisfied because they were “Accepted for Value,” filled out payment vouchers with his name in all capital letters but didn’t submit payment and submitted a false criminal referral to IRS – Criminal Investigation.
After his arrest, Stanley filed a civil suit against the Commissioner of Internal Revenue, an employee of the IRS, and an Assistant United States Attorney. On July 22, 2016, the District Court dismissed the case with prejudice. The court wrote that “by filing his complaint in this court, Mr. Stanley attempted to throw a wrench into his criminal proceedings in the Western District of Missouri and re-present the same arguments that he had previously and unsuccessfully litigated in other federal courts including the United States Tax Court, the Western District of Missouri, and the Eighth Circuit Court of Appeals.”
On June 9, 2016, after the verdict in this case, a claim for damages was filed on behalf of Stanley, alleging that “Chief Magistrate Judge Sarah W. Hayes, Judge Roseann A. Ketchmark & District Attorney Paul Becker trying to collect an IRS debt in violation of 18 USC section 8 and when the 26 CFR states its voluntary and a civil action not criminal.” The claim for damages alleges personal injury in the amount of $55 million.
This case was prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by IRS-Criminal Investigation.
South Bend Woman Sentenced to 78 Months’ ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Barbara West, 33, of South Bend, Indiana was sentenced before South Bend District Court Judge Jon. E. DeGuilio for possession with intent to distribute and distribution of methamphetamine.
West was sentenced to 78 months’ imprisonment and 3 years supervised release.
According to documents filed in this case, on multiple occasions, West sold methamphetamine to undercover officers from her residence on Kenilworth Road in South Bend. During the execution of a search warrant, officers found multiple drugs, drug paraphernalia along with money and several firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the South Bend Police Department The case was handled by Assistant United States Attorney Kenneth M. Hays.
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Seminary Man Pleads Guilty to Drug ChargeRead the Press Release
Jackson, Miss – Elijah Moore, 76, from Seminary, Mississippi, pleaded guilty on November 15, 2016, before U.S. Senior District Judge David C. Bramlette III, to possession of more than 100 kilograms of marijuana with the intent to distribute, announced U.S. Attorney Gregory K. Davis and FBI Special Agent in Charge Donald Alway.
Moore admitted to possessing the marijuana in the tractor trailer he was operating when he was stopped for running a stop sign on Exit 15 off Highway 20 in Warren County, Mississippi on August 8, 2015. He will be sentenced on February 7, 2017 and faces a maximum penalty of 40 years in prison and a $5 million fine.
This case was investigated by the Federal Bureau of Investigation, Mississippi Bureau of Narcotics, Mississippi Highway Patrol and the Hattiesburg Police Department. It is being prosecuted by Assistant U.S. Attorney Jerry Rushing.
Schuylkill County Man Charged with Attempted Enticement of A Minor for Sex and Transporting Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Tate, age 34, of Gordon, Pennsylvania, was indicted on November 15, 2016, for attempting to entice a minor to engage in illegal sexual activity and transporting child pornography.
According to United States Attorney Bruce D. Brandler, the indictment alleges that between October 17, 2016 and November 9, 2016, Tate used the internet to attempt to persuade and entice a minor to engage in illegal sexual activity, and during that same time period transported child pornography by any means, including by computer.
If convicted, Tate faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the attempted enticement of a minor charge, and a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison for transporting child pornography.
The case was investigated by Homeland Security Investigations, United States Postal Inspectors, and the Pennsylvania State Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Sacramento Man Sentenced to 10 Years in Prison for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Albert Lee Mitchell, 69, of Sacramento, was sentenced today by U.S. District Judge Kimberly J. Mueller to 10 years in prison to be followed by a lifetime of supervised release, for receipt of child pornography, Acting U.S. Attorney Phillip A. Talbert announced.
A federal jury found Mitchell guilty after a five-day trial in June 2016. According to evidence presented at trial, on November 5, 2012, agents executed at a search warrant at Mitchell’s residence after they identified an IP address located there offering files of child pornography. At the time of the search, dozens of images of suspected child pornography were set to be downloaded from a file-sharing network on Mitchell’s computer. Mitchell admitted to ownership of the computer and to being its sole user. A forensic review of the computer and other devices found in Mitchell’s home office revealed a collection of thousands of depictions of child pornography.
Mitchell obstructed justice by lying under oath at trial and trying to blame a former friend for his crime. To bolster his defense, Mitchell testified about a computer password that he alleged his friend had stolen. Mitchell presented a defense suggesting that the password had then been found in a box containing his friend’s belongings.
“Not only did the defendant have no regard for his victims, but he also blatantly disrespected the judicial system. The sentence that was handed down was well deserved,” said Ryan L. Spradlin, special agent in charge of HSI San Francisco. “HSI continues to work diligently with our law enforcement partners to pursue sexual predators who take advantage of innocent children.”
At sentencing, Judge Mueller found that Mitchell committed a serious crime and compounded it by presenting a perjured defense at trial. She commented that Mitchell had a right to go to trial, but that he “didn’t have the right to obstruct justice,” which she noted was a “significant aggravating factor.” Judge Mueller also found that the images had been carefully catalogued and arranged, indicating an “obsessive interaction” with the images.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys Audrey B. Hemesath and Josh F. Sigal prosecuted the case.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Rochester Man Pleads Guilty to Assaulting A Federal Court Security OfficerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Swyn B. Nelson, 48, of Rochester, NY, pleaded guilty to assault on a federal officer, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 8 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that, in the morning on October 5, 2016, a federal Court Security Officer was stationed inside the front entrance of the Kenneth B. Keating Federal Building, 100 State Street, Rochester, New York. At that time, he was performing his official duties, which included controlling access to the building, assisting in screening individuals entering the building for any prohibited items (including cameras, cell phones, weapons and explosives) and directing such individuals through a walk-through metal detector. Court Security Officers are employed by a private company pursuant to a security contract with the United States Marshal’s Service. Pursuant to the contract, Court Security Officers are responsible for, among other things, entrance control, roving patrol, stationary post assignments, and escort duties at the Kenneth B. Keating Federal Building.
Later in the morning on October 5, 2016, the defendant entered the front entrance of the Kenneth B. Keating Federal Building to report to the United States Probation Office. When the Court Security Officer asked for photo identification, the defendant threw his wallet and personal items into a tray in such a way that it caused some of the items to bounce out of the tray. The defendant stated that he was at the building to report to his Probation Officer. The defendant was asked to wait before entering the walk-through metal detector. The defendant did not comply with this order. As a result, the defendant was asked to walk through the metal detector a second time. The defendant did so and his personal items were then returned to him. At that time, the defendant raised his voice, stating “I want to shout at you,” and then walked aggressively toward the Court Security Officer in a restricted area (which is marked off by stanchions, rope and a table). The Court Security Officer ordered the defendant out of the restricted area. The defendant then charged at the Court Security Officer and struck the Court Security Officer on the right side of the head with a closed fist.
The plea is the result of an investigation by the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.Sentencing is scheduled for December 20, 2016, at 3:00 p.m., before Judge Larimer.
Retired Wichita Police Lt. Sentenced for Embezzlement, Mail FraudRead the Press Release
WICHITA, KAN. - A retired Wichita police lieutenant Wednesday was sentenced to two years on probation for filing false documents so he would be paid for providing armed engagement training for law enforcement officers, U.S. Attorney Tom Beall said. He also was ordered to pay $56,400 in restitution.
Kevin P. Vaughn, 52, Wichita, Kan., who retired in March 2015 after 28 years with the Wichita Police Department, pleaded guilty to one count of embezzlement of public funds and one count of mail fraud.
In his plea, Vaughn admitted he falsified reports to make it appear his company, Red Mist Tactical, had completed all of 15 eight-hour classes as the company’s contract required. The money for the training came from a grant by the U.S. Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) to the Kansas Highway Patrol and the North Central Regional Planning Commission.
Vaughn admitted he:
- Falsely reported conducting training in McPherson, Kan., on May 27 and May 28, 2015. In fact, the training sessions took place on June 3 and 4, 2015, after the deadline in the contract for the training to be completed. He forged officers’ signatures on sign-up sheets.
- Falsely reported conducting eight hours of training on May 22, 2015, during the Wichita Police Department Ladies Range Day. In fact, the training lasted four hours and it was not approved by the police department.
- Falsely reported offering training in Sumner County on April 27 and May 1, 2015. In fact, there was no training on those days.
- Falsely reported offering training in Sumner County on April 20, 21, 22, 23 and 24, 2015. In fact, there was no training on those days.
Beall commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Debra Barnett for their work on the case.
Retired Fulton County Jailer and Contract Suppliers Charged with Kickbacks Tied to 3.3 Million Construction Project on Fulton County Detention CenterRead the Press Release
Jailer allegedly received kickbacks totaling $175,000 from contractors
PADUCAH, Ky. – United States Attorney John E. Kuhn, Jr., joined by Kentucky Attorney General Andy Beshear, and FBI Special Agent in Charge Amy S. Hess, announced charges today against retired Fulton County Kentucky Jailer Ricky Parnell and four contractors, who performed work on the $3.3 million 2015 Fulton County Detention Center expansion, for their roles in a conspiracy to defraud Fulton County citizens, through kickbacks and inflated costs associated with the project.
Ricky D. Parnell, 59, of Hickman, Kentucky; Ronald D. Armstrong, 60, of Dresden, Tennessee; Jimmy Boyd, 56, of South Fulton, Tennessee; Michael Homra, 79, of Fulton, Kentucky; and Daniel C. Larcom, 42, of Union City, Tennessee were charged by grand jury indictment on November 15, 2016 with Honest Services Fraud and multiple counts of Wire Fraud. The defendants were arraigned in United States District Court in Paducah, before Magistrate Judge Lanny King.
According to the indictment, between April 2015 and August 2016, Parnell, who served as the Fulton County Jailer from 1990 until earlier this year, used his official position to enrich himself by soliciting and accepting gifts and payments from defendants Armstrong, Boyd, Homra and Larcom, in exchange for influencing the Fulton County Fiscal Court to award the defendants contracts on the project.
Parnell allegedly directed Armstrong, Boyd, Homra and Larcom to intentionally overcharge Fulton County for services and supplies provided as part of jail projects. Parnell would then present the inflated invoices and contracts to the Fulton County treasurer for payment to the defendants and their respective companies. In turn, the defendant contractors would use the excess proceeds to pay kickbacks, in the form of both cash and checks, to Parnell. According to the indictment, Parnell received at least $175,000 in money and other things of value.
In addition, defendants Armstrong, Boyd, Homra, and Larcom allegedly took steps to cover up their activities and dealings with Parnell, including using cash to provide Parnell with kickbacks, structuring withdrawals from banks to use for these kickbacks, and creating false and inflated invoices for services and materials in order to satisfy the cash kickbacks allegedly demanded by Parnell.
If convicted at trial, the defendants could be sentenced to no more than 20 years in prison per count, pay a $250,000 fine for each count, and be sentenced to serve a three-year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Nute Bonner and is being investigated by the Kentucky Attorney General’s Office and the Federal Bureau of Investigation (FBI).
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
U.S. Attorney John Kuhn and Attorney General Andy Beshear (rt) announce federal charges in PaducahPreviously-Convicted Embezzler Sentenced to 18 Months in Prison for Shirking Restitution ObligationsRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Patrick Miles announced today that Daniel Lawrence Broton, age 56, of Sparta, Michigan, was sentenced by U.S. District Judge Janet T. Neff to 18 months in prison for lying on a financial affidavit submitted to the U.S. Attorney’s Office to aid in the collection of a restitution judgment against Broton from a 2006 criminal case. In addition to his prison term, Broton was sentenced to two years of supervised release and ordered to pay a mandatory special assessment of $100.
Broton was formerly the financial comptroller and the chief financial officer of the Little River Band of Ottawa Indians. In 2005, Broton was charged with, and pled guilty to, defrauding the Little River Band of Ottawa Indians of $500,000 in construction funds devoted to their casino project. He was sentenced for this offense in 2006 by U.S. District Judge Robert Holmes Bell to three years in prison, three years of supervised release, $508,392.28 in restitution, a forfeiture money judgment of $500,000, and a mandatory special assessment of $400.
In 2009, after completing his sentence and receiving early discharge from supervised release, Broton started a rustic furniture making company called Backwoods Casual. Backwoods Casual created furniture and home décor suitable for cabins and lakefront homes using cedar logs. In 2013, the U.S. Attorney’s Office sent a financial affidavit to Broton to obtain information about his post-release financial status to assist with the collection of his outstanding restitution debt and criminal monetary penalties. Since his release, Broton had not paid a dime. Broton returned the financial affidavit to the U.S. Attorney’s Office and claimed to have no employment, no occupation, and no income. In fact, Broton started his business at least by 2011, was earning income, and had the capacity to make payments towards his restitution debt. He completed and returned a second affidavit in 2015 and similarly lied about his financial condition to continue to avoid paying restitution. On March 31, 2016, a federal grand jury indicted Broton for making false statements. Broton pled guilty to the offense on July 14, 2016.
In announcing the sentence, U.S. District Judge Janet T. Neff recognized Broton’s education and professional history as an accountant. She noted that his false statements were “not an accident” but rather a calculated means to keep his income and avoid paying restitution on his prior criminal judgment. The 18-month prison sentence was the maximum suggested sentence under the U.S. Sentencing Guidelines.
U.S. Attorney Miles stated: “The U.S. Attorney’s Office relies on financial affidavits to obtain an accurate picture of a defendant’s post-release financial condition to aid its post-judgment debt collection efforts. Broton’s sentence should serve as a warning to all defendants who consider making false statements on financial affidavits to the U.S. Attorney’s Office to avoid payment on their criminal monetary obligations. It re-victimizes victims, undermines the court’s judgment, and you will be prosecuted.”
“Today’s sentencing is a direct result of the excellent partnership between the IRS Criminal Investigation and the U.S. Attorney’s Office,” said Manny Muriel, Special Agent in Charge, IRS Criminal Investigation. “This sentence should serve as a deterrent to those who attempt to evade payment of their court-imposed restitution.”
The case was investigated by the Internal Revenue Service Criminal Investigation and prosecuted by Assistant U.S. Attorney Joel S. Fauson.
END
Preston County man charged with illegal acquisition of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – A federal grand jury sitting in Martinsburg, West Virginia, returned an indictment charging Cory Jean Gainey, 24, of Reedsville, West Virginia, with illegally acquiring a firearm, United States Attorney William J. Ihlenfeld, II, announced.
In October 2015, Gainey allegedly provided a false statement to a licensed firearms dealer stating that he was the actual purchaser of the firearm when in fact he was buying it for another individual.
Gainey was charged with one count of “Conspiracy to Provide a False Statement During the Purchase of a Firearm” and one count of “False Statement During the Purchase of a Firearm.” He faces up to ten years in prison and a fine up to $250,000 for each count. 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 Traci M. Cook is handling the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Monongalia County Sheriff’s Department, and the Morgantown Police Department is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Port Sulphur Oysterman Pleads Guilty to $300,000 B.P. FraudRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Louisiana announced that STEVE COLLINS TURNER, SR., age 73, of Port Sulphur, pled guilty to mail fraud in connection with a false claim of $300,000 related to the BP Oil Spill.
The Gulf Coast Claims Facility (GCCF) made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion that occurred on April 20, 2010. The GCCF required individuals to verify loss of income. According to the Bill of Information, TURNER applied for an Emergency Advance Payment seeking $300,000 in damages for lost money because of the Deepwater Horizon Disaster by submitting false documentation. TURNER submitted false documents regarding oyster buying businesses showing he sold oysters to the businesses when he really did not.
TURNER faces a possible maximum sentence of twenty years imprisonment, followed by 3 years of supervised release, and a $100 special assessment. Additionally, TURNER may be ordered to pay restitution. U.S. District Judge Susie Morgan set sentencing for February 22, 2017.
The U.S. Attorney’s Office praised the work of the Special Agents of the U.S. Secret Service in investigating this matter. Assistant U.S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
Pocahontas County man charged with illegal possession of a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – A federal grand jury sitting in Martinsburg, West Virginia, returned an indictment charging Archie Ray Arbogast, 40, of Dunmore, West Virginia, with illegally possessing a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Arbogast, who had previously been convicted of the felony offense “Possession of Material Use in the Manufacture of Methamphetamine” in federal court in the Northern District of West Virginia, was allegedly found in possession of a .22 caliber rifle, in Pendleton County, West Virginia in May 2016.
Arbogast was charged with one count of “Unlawful Possession of Firearm.” He faces up to ten years in prison and a fine up to $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is handling the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshals Service, and the West Virginia State Police is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Plummer Man Pleads to Theft and Possession of Stolen FirearmsRead the Press Release
COEUR D’ALENE – Kyle Eugene Goddard, 28, of Plummer, Idaho, pleaded guilty today to theft of firearms from a licensed dealer’s inventory and possession of stolen firearms, U.S. Attorney Wendy J. Olson announced. Goddard was indicted by a federal grand jury in Coeur d'Alene on August 16, 2016.
According to Goddard’s admissions at the plea hearing, on July 23, 2016, he stole two firearms, a Taurus 709 Slim 9mm and a Springfield Armory XD 40, from Bargain Barn located in Plummer, Idaho.
The charges of possession of stolen firearm and theft of firearms from a licensed dealer’s inventory are each punishable by up to 10 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release.
Sentencing is set for March 7, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
The case was prosecuted as part of Idaho’s Project Safe Neighborhoods Program, which seeks to reduce gun violence in Idaho.
Parkersburg man sentenced to federal prison for possessing child pornographyRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to two years in federal prison for possessing over 600 images of child pornography, announced United States Attorney Carol Casto. John Leslie Hess, 64, previously pleaded guilty to possession of child pornography. After completing his prison term, he will be on federal supervised release for 10 years, the first of which will be served on home confinement. Hess will also be required to register as a sex offender.
Hess admitted that on March 2, 2015, he possessed images of prepubescent minors engaged in sexual acts. The images were contained on his personal computers and multiple media devices found at his residence in Parkersburg. The investigation revealed that Hess was using a peer-to-peer file sharing program to download, receive, and distribute child pornography.
The FBI, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the Parkersburg Police Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case is being brought as part of an ongoing initiative of the United States Attorney’s Office to combat child sexual exploitation and abuse in the Southern District of West Virginia.
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Overdose Investigation Leads to Heroin Distribution Charge against Waterbury ManRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that TEDDY STUART LOPEZ, JR., also known as “Chico” and “Junior,” 20, of Waterbury, pleaded guilty today in Hartford federal court to one count of possession with intent to distribute and distribution of heroin. The charge stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents or statements made during court proceedings, on May 10, 2016, North Haven Police and emergency medical personnel responded to a report of an unresponsive man on the Hartford Turnpike in North Haven. The 23-year-old man, who had a history of substance abuse, was transported to the hospital where he later died. The victim’s family later turned over to law enforcement a wax fold of heroin. The investigation revealed that the victim most likely purchased heroin from LOPEZ in Waterbury earlier that day.
Between July 5 and July 8, 2016, investigators made two controlled purchases of heroin from LOPEZ.
LOPEZ was arrested on July 19, 2016. At the time of his arrest, LOPEZ possessed four bundles of heroin. A subsequent search of LOPEZ’s residence revealed 15 bundles of heroin, $1,600 in cash, a grinder, a digital scale, cutting agents, cellular telephones, and drug packaging material.
LOPEZ is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on February 18, 2017, at which time he faces a maximum term of imprisonment of 20 years.
LOPEZ is released on bond and residing in Rhode Island pending sentencing.
This matter is being investigated by the DEA’s New Haven Task Force, which includes DEA agents and task force officers from the North Haven, East Haven, West Haven, New Haven, Hamden, Branford, Ansonia, Derby, and Meriden Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Peter S. Jongbloed.
Oklahoma City Man Sentenced to 120 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that ROBERT LEROY CRAWLEY, age 37, of Oklahoma City, Oklahoma, was sentenced to 120 months imprisonment for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1).
The Indictment alleged that on or about October 20, 2015, within the Eastern District of Oklahoma, the defendant, ROBERT LEROY CRAWLEY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Hugo Police Department, and the Federal Bureau of Investigation.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Ohio Man Pleads Guilty to Stealing $144k from a Montgomery Masons ChapterRead the Press Release
Montgomery, Alabama– Arthur Lee Campbell, III (55), from Mount Hope, Ohio, pled guilty to a charge of bank theft, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama. At the time of the charge, Campbell was residing in Autauga County, Alabama.
The charges stemmed from an investigation that revealed Campbell stole approximately $144,700.00 belonging to the Montgomery Chapter #22 of the Royal Arch Masons of the State of Alabama. According to court documents, Campbell was serving as Secretary for the organization and he was authorized to handle the financial affairs of the Chapter. After being entrusted with this authority, Campbell began stealing the funds.
Evidence shows that he made two cash withdrawals that totaled around $8684.00, and deposited two checks written from the Chapter’s account into his own personal bank account that together totaled $136,000.00. Additional evidence indicated that Campbell used the money to pay personal expenses and obligations associated with his gambling activities.
The maximum punishment for this charge is 10 years imprisonment, a fine of $250,000, and restitution to the victim. Sentencing is scheduled for February 17, 2017.
This case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Robert Randolph Neeley and Curtis Ivy, Jr.
North Suburban Businessman Sentenced to Nine Months in Federal Prison for Failing to Pay Taxes on Cash ReceiptsRead the Press Release
CHICAGO — A north suburban man who operated a manufacturing business in Wisconsin was sentenced to nine months in federal prison for failing to pay taxes on more than $2.3 million in cash receipts.
HERBERT C. WATTS, the owner and president of Branko Perforating FWD Inc., of Bristol, Wisc., failed to report cash receipts as income on his taxes for the calendar years 2009 to 2014. During those years, Branko received more than $2.3 million in cash from the sale of scrap metal to a Cicero-based company. The scrap sales were not reported in Branko’s business records, and the cash income was concealed from accountants who prepared tax returns for Watts and the company.
The case is part an ongoing investigation of cash transactions in the local scrap metal industry that has resulted in several other convictions.
Watts, 70, of Grayslake, pleaded guilty earlier this year to filing a false tax return. In addition to the nine-month prison term, U.S. District Judge John Robert Blakey on Tuesday fined Watts $10,000. Prior to sentencing, Watts paid the taxes he owed to the federal government and the state of Illinois.
“Defendant’s conduct was little more than repetitive evasion motivated by greed,” Assistant U.S. Attorney Patrick King argued in the government’s sentencing memorandum. “Evasion feeds on itself, reducing respect for the integrity of the tax system and leading to more cheating.”
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and James D. Robnett, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago.
Nine Twin Cities Men Sentenced for Providing Material Support to ISILRead the Press Release
Nine men were sentenced this week in U.S. District Court in Minneapolis for conspiring to provide material support to ISIL. GULED OMAR, 22, was sentenced today to 35 years in prison. MOHAMED FARAH, was sentenced to 30 years in prison. ABDIRAHMAN DAUD, 22, was sentenced to 30 years in prison.
The announcement was made by United States Attorney for the District of Minnesota Andrew M. Luger, FBI Special Agent in Charge of the Minneapolis Division Richard T. Thornton, and Acting Assistant Attorney General for National Security Mary B. McCord.
“ISIL remains one of the most dangerous terror organizations in the world,” said United States Attorney Luger. “The defendants sentenced today remind us that this ideology ruins the lives of those who ascribe to it. Omar, Daud and Farah will spend the next several decades in prison because of their unbreakable desire to kill on behalf of ISIL. I commend the agents and officers of the FBI-led JTTF for continuing to keep Minnesotans safe.”
“The sentences handed down today reflect the true gravity of the defendants' crimes to betray their country, travel overseas, and ultimately join a terrorist organization dedicated to the murder of innocent people,” said FBI Special Agent in Charge for the Minneapolis Division Richard T. Thornton. “We hope these sentences will serve as a strong message that those who support terrorism will face justice. The FBI, through our Joint Terrorism Task Force, remains dedicated to working with our community partners to disrupt threats posed by ISIL and their supporters.”
“This case -- culminating in the sentencings of nine young men in the last three days -- demonstrates our commitment to disrupting those who would conspire to travel to Syria to fight with ISIL,” said Acting Assistant Attorney General McCord. “Counterterrorism is the National Security Division’s highest priority, and we will continue to work to stem the flow of foreign fighters abroad and to bring to justice those who seek to provide material support to designated foreign terrorist organizations.”
As proven at trial, between May 2014 and their arrests on April 19, 2015, these three defendants and their co-conspirators made multiple attempts to join ISIL in Syria. In May 2014, defendant OMAR and two other members of the conspiracy made an attempt to join ISIL by traveling across the United States – Mexico border near San Diego. This planned failed when members of defendant OMAR’s family prevented his travel.
Defendant OMAR again attempted to join ISIL in Syria on November 6, 2014, by first flying from Minneapolis/St. Paul International Airport to San Diego, California. Again, defendant OMAR planned to cross the United States – Mexico border near San Diego and travel onward to Syria to join ISIL. Before he could board the flight in Minnesota, OMAR was stopped at the airport and prevented from boarding the plane. In order to fund this second attempt to join ISIL in Syria, OMAR intended to use federal financial aid provided to him by the United States Department of Education to attend college.
Also in November 2014, defendant FARAH was one of four co-conspirators to take a Greyhound bus to New York City and attempt to board a flight to Europe. Defendant FARAH’s ultimate destination was Syria, where he planned to join and fight with ISIL. Federal agents in New York prevented defendant FARAH and his three co-conspirators from traveling.
In April 2015, defendants DAUD and FARAH drove from Minneapolis to San Diego, Calif., where they intended to purchase fake passports, cross the border into Mexico, travel to Syria to join ISIL. Unbeknownst to them, the individual from whom they purchased the fake passports was a law enforcement officer and both were arrested by federal agents immediately after obtaining the phony travel documents.
Eleven Minnesotans have been charged as part of this conspiracy to provide material support to ISIL. The men are all associates and friends of one another. Six defendants pleaded guilty before trial and two, ABDI NUR and MOHAMED ROBLE, joined ISIL in Syria.
This case is the result of an investigation conducted by members of the FBI-led Joint Terrorism Task Force (JTTF). The JTTF includes members from the following departments: the United States Marshals Service, Minnesota Bureau of Criminal Apprehension, Bloomington Police Department, St. Paul Police Department, Ramsey County Sheriff’s Office, Hennepin County Sheriff’s Office, Federal Air Marshals Service, Customs and Border Protection, Department of Defense, Immigration and Customs Enforcement, Minneapolis Police Department, Burnsville Police Department, Department of State, the Airport Police, Criminal Investigation Division of the IRS, and the FBI.
This case was prosecuted by Assistant U.S. Attorneys Andrew Winter, John Docherty and Julie Allyn, with assistance from the Department of Justice National Security Division’s Counterterrorism Section.
Defendant Information:
GULED ALI OMAR, 22
Minneapolis, Minn.
Convicted:
- Conspiracy to Murder Outside the United States, 1 count
- Conspiracy to Provide Material Support to a Designated Foreign Terrorist Organization (the Islamic State of Iraq and the Levant), 1 count
- Attempting to Provide Material Support to a Designated Foreign Terrorist Organization, 2 counts
- Attempted Financial Aid Fraud, 1 count
Sentenced:
- 35 years in prison
- Supervised release for a term of life
MOHAMED ABDIHAMID FARAH, 22
Minneapolis, Minn.
Convicted:
- Conspiracy to Murder Outside the United States, 1 count
- Conspiracy to Provide Material Support to a Designated Foreign Terrorist Organization (the Islamic State of Iraq and the Levant), 1 count
- Attempting to Provide Material Support to a Designated Foreign Terrorist Organization, 2 counts
- Perjury, 1 count
- False Statement, 1 count
Sentenced:
- 30 years in prison
- Supervised release for a term of life
ABDIRAHMAN YASIN DAUD, 22
Minneapolis, Minn.
Convicted:
- Conspiracy to Murder Outside the United States, 1 count
- Conspiracy to Provide Material Support to a Designated Foreign Terrorist Organization (the Islamic State of Iraq and the Levant), 1 count
- Attempting to Provide Material Support to a Designated Foreign Terrorist Organization, 1 count
Sentenced:
- 30 years in prison
- Supervised release for a term of life
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Nine Minnesota Men Sentenced for Providing Material Support to ISILRead the Press Release
The last three of nine men were sentenced this week in U.S. District Court in Minneapolis for conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and for conspiracy to murder outside the U.S.
Guled Omar, 22, of Minneapolis, Minnesota, was charged with one additional count of attempting to provide material support to a designated foreign terrorist organization and one count of attempted financial aid fraud. Omar was sentenced to 35 years in prison. Mohamed Abdhihamid Farah, 22, of Minneapolis was charged with one additional count of attempting to provide material support to a designated foreign terrorist organization, one count of perjury and one count of making a false statement. Farah was sentenced to 30 years in prison. Abdirahman Yasin Daud, 22, of Minneapolis was sentenced to 30 years in prison. All three defendants were also sentenced to lifetime supervised release.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Andrew M. Luger for the District of Minnesota and Special Agent in Charge Richard T. Thornton of the FBI’s Minneapolis Division.
“This case -- culminating in the sentencings of nine young men in the last three days -- demonstrates our commitment to disrupting those who would conspire to travel to Syria to fight with ISIL,” said Acting Assistant Attorney General McCord. “Counterterrorism is the National Security Division’s highest priority and we will continue to work to stem the flow of foreign fighters abroad and to bring to justice those who seek to provide material support to designated foreign terrorist organizations.”
“ISIL remains one of the most dangerous terror organizations in the world,” said U.S. Attorney Luger. “The defendants sentenced today remind us that this ideology ruins the lives of those who ascribe to it. Omar, Daud and Farah will spend the next several decades in prison because of their unbreakable desire to kill on behalf of ISIL. I commend the agents and officers of the FBI-led Joint Terrorism Task Force (JTTF) for continuing to keep Minnesotans safe.”
“The sentences handed down today reflect the true gravity of the defendants’ crimes to betray their country, travel overseas and ultimately join a terrorist organization dedicated to the murder of innocent people,” said Special Agent in Charge Thornton. “We hope these sentences will serve as a strong message that those who support terrorism will face justice. The FBI, through our Joint Terrorism Task Force, remains dedicated to working with our community partners to disrupt threats posed by ISIL and their supporters.”
As proven at trial, between May 2014 and their arrests on April 19, 2015, these three defendants and their co-conspirators made multiple attempts to join ISIL in Syria. In May 2014, defendant Omar and two other members of the conspiracy made an attempt to join ISIL by traveling across the U.S. – Mexico border near San Diego. This planned failed when members of defendant Omar’s family prevented his travel.
Omar again attempted to join ISIL in Syria on Nov. 6, 2014, by first flying from the Minneapolis/St. Paul International Airport in Minneapolis to San Diego, California. Again, defendant Omar planned to cross the United States – Mexico border near San Diego and travel onward to Syria to join ISIL. Before he could board the flight in Minnesota, Omar was stopped at the airport and prevented from boarding the plane. In order to fund this second attempt to join ISIL in Syria, Omar intended to use federal financial aid provided to him by the U.S. Department of Education to attend college.
Also in November 2014, Farah was one of four co-conspirators to take a Greyhound bus to New York, New York, and attempt to board a flight to Europe. Farah’s ultimate destination was Syria, where he planned to join and fight with ISIL. Federal agents in New York prevented defendant Farah and his three co-conspirators from traveling.
In April 2015, Daud and Farah drove from Minneapolis to San Diego, where they intended to purchase fake passports, cross the border into Mexico and travel to Syria to join ISIL. Unbeknownst to them, the individual from whom they purchased the fake passports was a law enforcement officer and both were arrested by federal agents immediately after obtaining the phony travel documents.
Eleven Minnesotans have been charged as part of this conspiracy to provide material support to ISIL. The men are all associates and friends of one another. Six defendants pleaded guilty before trial and two, Abdi Nur and Mohamed Roble, joined ISIL in Syria.
This case is the result of an investigation conducted by members of the FBI-led JTTF. JTTF includes members from the following departments: the U.S. Marshals Service, Minnesota Bureau of Criminal Apprehension, Bloomington Police Department in Minnesota, St. Paul Police Department in Minnesota, Ramsey County Sheriff’s Office in Minnesota, Hennepin County Sheriff’s Office in Minnesota, Federal Air Marshals Service, Customs and Border Protection, Department of Defense, Immigration and Customs Enforcement, Minneapolis Police Department, Burnsville Police Department in Minnesota, Department of State, the Airport Police, IRS-Criminal Investigation Division and the FBI.
This case was prosecuted by Assistant U.S. Attorneys Andrew Winter, John Docherty and Julie Allyn of the District of Minnesota, with assistance from the National Security Division’s Counterterrorism Section.
New Carlisle Man Sentenced for Producing, Distributing Images of Child RapeRead the Press Release
DAYTON, OHIO – James Edward Risner, III, 34, of New Carlisle, Ohio, was sentenced in U.S. District Court to 480 months in prison for production and distribution of child pornography.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, Clark County Sheriff Gene A. Kelly and Clark County Prosecutor D. Andrew Wilson announced the sentence handed down yesterday by U.S. District Judge Timothy S. Black.
According to the statement of facts in this case, Risner engaged in various sexual activities on multiple occasions with a 7-year-old female who was in his care. Risner photographed the sexual activities, ultimately creating nearly 70 digital pornographic photographs, and posted them online to at least one website.
Risner pleaded guilty on September 8 to one count of production and one count of distribution.
Risner was sentenced this morning to 15 years to life in prison on related child rape charges in Clark County Common Pleas Court. As part of his plea agreement, Risner will serve his local sentence concurrently with his federal one. He was also sentenced to a lifetime of supervised release.
“Actions like Risner’s extensive manipulation of this child victim result in lifelong and devastating physical, psychological, and emotional suffering,” U.S. Attorney Glassman said.
U.S. Attorney Glassman commended the cooperative investigation by the Clark County Sheriff’s Office and FBI, as well as Assistant United States Attorney Dwight K. Keller and Special Assistant United States Attorney Amy M. Smith who are representing the United States in this case.
Nevada Woman Indicted for Evading Payment of Trust Fund Recovery PenaltiesRead the Press Release
Concealed Personal Funds and Assets from IRS Collection Efforts
A Las Vegas, Nevada resident was charged by a superseding indictment today in the District of Nevada for attempted tax evasion announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Daniel G. Bogden for the District of Nevada.
According to the superseding indictment, Maria Larkin aka Maria Bella-Larkin, owned and operated Five Star Home Health Care Inc. (FSHHC) from 1996 through 2009 and was responsible for collecting, accounting for, and paying over income, social security, and Medicare tax withheld from employees’ wages. The tax withheld is referred to as “trust fund tax” because the employer holds those funds in trust until the amounts are paid over to the Internal Revenue Service (IRS) on behalf of the employee. If a responsible person willfully fails to pay over trust fund taxes, the IRS may impose a penalty equal to the amount of the trust fund taxes on the responsible person. This penalty is known as the trust fund recovery penalty.
The superseding indictment alleges that from 2004 through 2009, FSHHC failed to pay over the tax withheld from its employees’ wages and, as a result, the IRS assessed trust fund recovery penalties against Larkin equal to the amount withheld and not paid over.
According to the superseding indictment, Larkin willfully attempted to evade and defeat the payment of the trust fund recovery penalties assessed against her by concealing and attempting to conceal from the IRS her access to personal funds and assets. Specifically, the superseding indictment alleges that Larkin purchased a home in the name of a nominee, engaged in currency transactions with financial institutions in amounts less than $10,000 to prevent the filing of currency transaction reports, changed the name of her business and placed the business in the name of a nominee, and provided false information to the IRS regarding her ability to pay the trust fund recovery penalties.
An indictment merely alleges that crimes have been committed. Defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Larkin faces a statutory maximum sentence of five years in prison, a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Bogden commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney John Mulcahy of the Tax Division, and Assistant U.S. Attorneys Cristina Silva and Alexandra Michael, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Navajo Man Sentenced to 12 Years for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Gary John Bedoni, 60, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today in federal court in Albuquerque, N.M., to 144 months in prison for his voluntary manslaughter conviction. Bedoni will be on supervised release for three years following his prison sentence.
Bedoni was arrested on Feb. 10, 2016, on a criminal complaint charging him with assaulting a woman resulting in serious bodily injury on Jan. 31, 2016, on the Navajo Indian Reservation in San Juan County, N.M. According to the criminal complaint, Bedoni caused the victim to suffer a fractured neck, spinal cord trauma, bruising to her chest and arms, and the victim was unable to move her arms or legs.
Bedoni was subsequently indicted on March 8, 2016, and charged with second degree murder of the victim in San Juan County.
On July 21, 2016, Bedoni entered a guilty plea to a felony information charging him with voluntary manslaughter. In entering the guilty plea, Bedoni admitted that on the night of January 31, 2016, he pushed the victim down some steps causing her to sustain broken vertebrae and spinal cord trauma. Bedoni acknowledged that the victim died from complications of those injuries on February 20, 2016.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys David Adams and Nicholas Marshall prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Navajo Man Pleads Guilty to Discharging a Firearm During Crime of ViolenceRead the Press Release
ALBUQUERQUE – Norman Yazzie, 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to using and discharging a firearm during a crime of violence. Under the terms of his plea agreement, Yazzie will be sentenced to ten years in prison followed by a term of supervised release to be determined by the court.
Yazzie was arrested in May 2016, on a criminal complaint charging him with assault and firearms offenses on April 29, 2016, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Yazzie shot the victim with a rifle in the forehead and the knee resulting in serious bodily injury.
Yazzie was subsequently indicted on May 24, 2016, and charged with assault with a dangerous weapon, a rifle, with intent to do bodily harm, assault resulting in serious bodily injury and using and discharging a firearm during a crime of violence. According to the indictment, the offenses took place on April 29, 2016 in San Juan County.
During today’s proceedings, Yazzie pled guilty to discharging a firearm during a crime of violence. In entering the guilty plea, Yazzie admitted that on April 29, 2016, he shot the victim in the head and knee with a rifle. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
National Community Policing WeekRead the Press Release
On September 30, 2016, President Barack Obama proclaimed October 2-8, 2016 as National Community Policing Week. On October 3, 2016, the Department of Justice announced the designation of October 2-8, 2016 as National Community Policing Week, the first ever designation by the Justice Department, and an extension of the Attorney General’s 12-city Community Policing Tour that highlighted collaborative programs and policing practices designed to advance public safety, strengthen police-community relations, and foster mutual respect between law enforcement and citizens.
In response to the Department of Justice’s designation of Oct. 3-7, 2016, as National Community Policing Week, U.S. Attorney Alicia Limtiaco for the Districts of Guam and the Northern Mariana Islands (NMI), announced that proclamations by the Governor of Guam Eddie Calvo and the Governor of the NMI Ralph Torres were held and a legislative resolution by Senator Frank Aguon, Jr., in Guam was presented designating October 3-7, 2016, as National Community Policing Week.
Community policing is a public safety philosophy based on partnership and cooperation between law enforcement and the communities that law enforcement are sworn to protect and serve. At the heart of community policing is the idea that all members of the community, both officer and civilian, have a stake in the safety of our neighborhoods, our villages, and in our islands where we live and work.
Community policing is about strengthening the relationship between law enforcement and our community, to foster dialogue, and promote and increase trust, mutual respect and understanding among our law enforcement and community members in our shared efforts to build stronger, safer and more just communities for our families, for our children and for all persons making Guam and the NMI their home.
In July 2014, the U.S. Attorney’s Office organized and held a ceremony commemorating the 50th Anniversary of the Civil Rights Act of 1964 and spoke about the Department of Justice’s commitment to diversity and inclusion, and promoting and protecting equal opportunity and the civil rights of all protected classes. Shortly thereafter and in response to issued raised by our Lesbian Gay Bisexual and Transgender (LGBT) community, our LGBT Community Coalition was formed. In our efforts to be inclusive, the Coalition expanded to include those persons who identify as Queer or Questioning (Q) and those who are Intersex (I), and is now known as our LGBTQI Community Coalition.
FIRST-EVER ROUNDTABLE MEETING OF LGBTQI COMMUNITY COALITION AND LAW ENFORCEMENT/GOVERNMENT AGENCIES
First-Ever Roundtable Meeting of LGBTQI Community and Law Enforcement/Government AgenciesIn commemoration of National Community Policing Week and in response to the call to action to engage our law enforcement and community in dialogue to strengthen our relationship and build trust, U.S. Attorney Limtiaco invited our LGBTQI Community Coalition, law enforcement and government agencies to participate in a roundtable meeting to build upon our collaborative efforts to address and be responsive to the needs and issued faced by our LGBTQI community, law enforcement and government agencies, including identifying and responding to hate crimes; developing a network of reliable resources and support services; and engaging in crime prevention efforts, so that by working together we improve the overall quality of life for everyone.
On Guam, a roundtable meeting with the LGBTQI Community Coalition, law enforcement and government agencies was held in October 2016. This was the first time a roundtable meeting was held for the purpose of engaging stakeholders in a dialogue and discussion of the issues and concerns affecting our LGBTQI community.
LGBTQI leaders and members of Guam’s Alternative Lifestyle Association (GALA) and ISA Guam were invited to participate. GALA is a community based organization that exists to strengthen the quality of life for gay, lesbian, bisexual and transgendered persons, their families and friends through Support, Education, & Advocacy. GALA upholds a society that embraces social diversity through love and respect for all. ISA Guam is an organization dedicated to supporting and advocating for LGBT equality, specifically Guam’s LGBT community and supporters.
Law Enforcement, government agencies, and organizations in attendance were the U.S. Attorney’s Office, Guam Airport Security Police, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Guam Department of Corrections, Guam Department of Labor, Guam Department of Public Health and Social Services, Guam Department of Youth Affairs, Federal Bureau of Investigation (FBI), Guam Customs and Quarantine Agency, Guam Department of Education, Guam Police Department, Guam Department of Revenue and Taxation, Guam Fire Department, Guam National Guard, Guam Port Authority Police, Marianas Regional Fusion Center/Guam Homeland Security, Office of Senator Benjamin Cruz, 33rd Guam Legislature, Office of Senator Nerissa Underwood, 33rd Guam Legislature, Guam Family Law Office, Transportation Security Administration, U.S. Department of Labor, and U.S. Passport Office.
In the NMI, the roundtable meeting with the LGBTQI Community Coalition, law enforcement and government agencies was held in November 2016. This was also the first time a roundtable meeting was held in the NMI for the purpose of engaging stakeholders in a dialogue and discussion of the issues and concerns affecting our LGBTQI community.
Law Enforcement, government agencies, and organizations in attendance were the U.S. Attorney’s Office, NMI Ports Police, ATF, NMI Department of Finance, NMI Department of Corrections, NMI Department of Labor, NMI Department of Public Health and Social Services, NMI Department of Youth Services, FBI, NMI Department of Finance/Division of Customs, NMI Department of Public Safety, NMI Department of Finance/Division of Revenue and Taxation, U.S. Department of Homeland Security/Customs and Border Protection (CBP), and Transportation Security Administration.
LGBTQI leaders and members of PRIDE Marianas in the NMI and GALA Guam were invited to participate. PRIDE Marianas is a new non-profit LGBT organization in the NMI established to celebrate the diversity of LGBT individuals in the NMI and promote awareness and understanding of LGBT issues.
The roundtable meetings in Guam and the NMI were well-received by all participants with positive comments about the importance of increasing and improving the dialogue with and strengthening support of the LGBTQI community. There were over 50 participants in attendance in Guam and over 20 participants in the NMI.
COMMEMORATING NATIONAL COMMUNITY POLICING WEEK
Proclamation Signing in Guam for National Community Policing Week with Lt. Governor Raymond Tenorio, Chief of Police Jose Cruz and his staff, U.S. Attorney Alicia Limtiaco, staff members of the U.S. Attorney’s Office: AUSA Stephen Leon Guerrero, Victim Witness/Law Enforcement Coordinator Salome Blas, Secretary to U.S. Attorney Carmelleta San Nicolas, FLU Legal Assistant Michelle Perez and Legal Assistant Noreen Davis, Senator Frank Blas Aguon, Jr., Fire Chief Joey San Nicolas, Deputy U.S. Marshal John San Nicolas, TSA Assistant Federal Security Director-Law Enforcement Tyron Guillory and TSA Deputy Assistant Federal Security Director Robert Cochran, HSI RAC Shaun Harris, Guam Customs and Quarantine Agency Acting Chief Darlene Merfalen, and other law enforcement officers U.S. Attorney Alicia Limtiaco with Senator Frank Blas Aguon, Jr. at the Resolution Reading in Guam for National Community Policing Week U.S. Attorney Alicia Limtiaco with NMI Department of Public Safety Commissioner Robert Guerrero and Governor of the NMI Ralph Torres at the Proclamation Signing for National Community Policing WeekROUNDTABLE MEETING OF LGBTQI COMMUNITY COALITION AND LAW ENFORCEMENT/GOVERNMENT AGENCIES
Roundtable Meeting with Guam LGBTQI Community Coalition, Law Enforcement and Government Agency Heads Roundtable Meeting with Guam LGBTQI Community Coalition, Law Enforcement and Government Agency Heads Roundtable Meeting with NMI LGBTQI Community Coalition, Law Enforcement, and Government Agency HeadsNambe Pueblo Man Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Anthony Nieto, 29, an enrolled member of Nambe Pueblo who resides in Zuni, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Nieto will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.
Nieto was arrested on June 21, 2016, on an indictment charging him with assaulting his intimate partner and causing her to suffer serious bodily injury. According to the indictment, Nieto committed the crime on Aug. 16, 2015, in Nambe Pueblo in Santa Fe County, N.M.
During today’s proceedings, Nieto pled guilty to the indictment and admitted assaulting the victim on Aug. 16, 2015, by striking and kicking her, and causing her to suffer serious bodily injury. More specifically, Nieto admitted that the victim sustained bruising on her face, arms and lower extremities as a result of the assault.
Nieto has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by the FBI office in Santa Fe and the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney David Adams.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Monroe County Man Faces Additional Charges of Sex Trafficking and Drug TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton returned a superseding indictment on November 15, 2016, charging Thurman Stanley, age 39, of East Stroudsburg, with four new counts of sex trafficking by force and coercion, two new counts of attempted sex trafficking, and a new drug trafficking charge, conspiracy to commit sex trafficking by force and coercion, and three counts of interstate transportation of others for purposes of prostitution.
According to United States Attorney Bruce D. Brandler, the superseding indictment alleges that Stanley forced and coerced several females to engage in prostitution in Monroe County and elsewhere, transported females from Pennsylvania to New York, Iowa, and North Dakota to engage in prostitution, and trafficked in illegal drugs.
The superseding indictment alleges that Stanley and/or his co-conspirators used social network sites to recruit females for prostitution; used cell phones to post ads on adult escort websites to solicit customers; rented hotel and motel rooms in Monroe County and elsewhere for purposes of prostitution; provided heroin and other illegal drugs to the prostitutes; and used force, threats, and coercion to carry out prostitution activities. The indictment alleges that the conduct occurred between December 2013 and December 2015.
If convicted of the charges, Stanley faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison for each of the sex trafficking charges, up to 10 years in prison on each of the interstate prostitution charges, and up to 20 years in prison on the drug trafficking charge
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and Bismarck, North Dakota detectives. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Miami-Dade County, Florida, Man Charged with Conspiracy to Commit Health Care FraudRead the Press Release
NEWARK, N.J. – A Florida man has been charged in connection with his role in establishing fake medical facilities in New Jersey and billing insurance companies for services that were never performed, U.S. Attorney Paul J. Fishman announced.
Eduardo Arango Chong, 21, of Hialeah, Florida, was arrested Nov. 15, 2016, and will appear today before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court. He was charged by complaint, along with Osmaro Ruiz, 31, of Homestead, Florida, with one count of conspiracy to commit health care fraud. Ruiz remains at large. Another conspirator, Raymel Betancourt, 25, was charged with healthcare fraud in a separate complaint in June 2015.
According to the complaint:
From September 2014 through June 26, 2015, the defendants allegedly established fictitious health service providers in Union County, New Jersey, and elsewhere. These “phantom providers” repeatedly submitted false claims to insurance companies for medical services, including injections and physical therapy services, that were never actually performed. They allegedly submitted claims for more than $6 million and the insurance companies paid hundreds of thousands of dollars to the phantom providers.
The defendants allegedly recruited people with legitimate health insurance policies from real companies, offering them money in exchange for allowing the phantom providers to use this information.
The fake providers also used health insurance information for individuals who were not aware that fraudulent claims were being submitted on their behalf. The conspirators logged on to an electronic healthcare network used by medical practices to check patient insurance coverage. They used valid member IDs and then entered a series of consecutive potential member IDs until one of the numbers was linked to someone with a valid health insurance plan and accepted by the network.
Checks and proceeds issued by the insurance companies were cashed or deposited into bank accounts established by the conspirators.
The counts of conspiracy to commit health care fraud with which the defendants are charged carry a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Fishman credited special agents of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates, and special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Karen D. Stringer of the Criminal Division.
U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $1.29 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug, and Cosmetic Act and other statutes.
The charges and allegations in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Mescalero Apache Man Pleads Guilty to Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Michael Ellis Treas-Baca, 31, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to a sexual abuse charge. Under the terms of his plea agreement, Treas-Baca will be sentenced to 78 months in prison followed by a term of supervised release to be determined by the court. Treas-Baca will also be required to register as a sex offender when he completes his prison sentence.
Treas-Baca was arrested on April 7, 2016, on a criminal complaint charging him with sexually abusing a Mescalero Apache woman on Sept. 13, 2015, on the Mescalero Apache Indian Reservation in Otero County, N.M.
During today’s proceedings, Treas-Baca pled guilty to a felony information charging him with sexual abuse. In entering the guilty plea, Treas-Baca admitted that on Sept. 13, 2016, he sexually abused the victim while the victim was unconscious and physically incapable of declining participating in the sexual act. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.