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16 November 2016
Mescalero Apache Man Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Paul Raymond Garcia, 19, 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 an involuntary manslaughter charge.
Garcia was arrested in Jan. 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Garcia killed a Mescalero Apache woman when he crashed his vehicle on March 23, 2015, on the Mescalero Apache Indian Reservation in Otero County, N.M. At the time of the crash, Garcia was driving under the influence of alcohol. Garcia was subsequently indicted on the same charge on June 22, 2016.
During today’s proceedings, Garcia pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol. Garcia acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Maryland Man Sentenced to Six Years in Prison for Burglaries in Northwest WashingtonRead the Press Release
WASHINGTON – Dana Dixon, 26, of Silver Spring, Md., was sentenced today to six years in prison for a pair of burglaries carried out in the middle of the day in Northwest Washington in September 2014, U.S. Attorney Channing D. Phillips announced.
Dixon pled guilty in September 2016, in the Superior Court of the District of Columbia, to two counts of second-degree burglary. He was sentenced by the Honorable Zoe Bush. Upon completion of his prison term, Dixon will be placed on three years of supervised release. He also is required to pay restitution to the victims in the amount of $7,284.
According to the government’s evidence, Dixon committed two separate burglaries in Northwest Washington on Sept. 18, 2014. First, Dixon, with two accomplices, Ramone Laird and Emmanuel Sumo, broke into an apartment in the 2900 block of Adams Mill Road NW with a crowbar, stole electronics, cash, and clothing, and in the process ransacked the apartment and damaged the front door. Dixon and his accomplices attempted to enter another apartment inside the building, but were unsuccessful when they could not breach the door with their crowbar.
After leaving the building, Dixon, with his accomplices, broke into another apartment that same day in the 1800 block of Columbia Road NW, and again stole items from inside, ransacked the apartment, and damaged the front door. In response to a 911 call, officers from the Metropolitan Police Department (MPD) apprehended Laird running from the residence with the stolen property from the second burglary in his possession. Sumo and Dixon successfully fled from the police. The police recovered surveillance video showing Dixon, Laird, and Sumo at both apartment complexes prior to the burglaries taking place.
Laird and Sumo, both 22 and both from Silver Spring, Md., were previously sentenced to prison terms for their roles in the burglaries. At the time of his arrest, Dixon was serving a sentence in Maryland after having been convicted of gun offenses.
In announcing the sentence, U.S. Attorney Phillips commended the work of the Metropolitan Police Department’s Third District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisory Paralegal Specialist Sharon Newman, Paralegal Specialist Allison Daniels and Assistant U.S. Attorneys Christopher Macchiaroli and David Misler, who prosecuted the matter.
Manhattan U.S. Attorney Charges 10 Defendants in Conspiracy to Smuggle Aliens into New York CityRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Angel M. Melendez, Special Agent in Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”), today announced the unsealing of an Indictment and a Complaint, which together charge a total of 10 defendants with conspiring to conceal, harbor, and shield from detection, and move and transport, illegal aliens across the Mexico-United States border and into the New York City area. Seven defendants were taken into custody today; three defendants remain at large. The six defendants who were arrested in Texas will be presented and arraigned before United States Magistrate Judges in the Southern and Western Districts of Texas; one of the defendants, CARLOS SANTANA, was arrested in Brooklyn, New York, and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein later today.
As alleged in the Indictment and Complaint unsealed today in Manhattan federal court[1]:
United States v. Maria del Carmen Vasquez et al., 16 Cr. 708
From in or about June 2015 up to and including about October 2016, MARIA DEL CARMEN VASQUEZ, JORGE VASQUEZ-RAMIREZ, JUAN JOSE JIMENEZ BRAVO, MAYTE ZUNIGA BRACHO, ENARDYS FERNANDEZ, CARLOS SANTANA, JORGE GONZALEZ, and ELSA GUADALUPE DURAN conspired to conceal, harbor, and shield from detection, and move and transport, aliens in knowing and reckless disregard of the fact that the aliens had come to, entered, and remained in the United States in violation of law.
During the course of the conspiracy, the defendants each performed various overt acts in furtherance of the conspiracy, including traveling from Texas through the Southern District of New York to transport aliens and to pick up money, making hotel arrangements for aliens, and renting cars for use in transporting aliens to New York City. Certain defendants also attempted to transport aliens across the United States-Mexico border and into Texas.
United States v. Luis Batista Casola et al., 16 Mag. 7320
Similarly, in or about July 2016, LUIS BATISTA CASOLA and YOENDRIS BATISTA MATOS conspired to conceal, harbor, and shield from detection, and move and transport, aliens in knowing and reckless disregard of the fact that the aliens had come to, entered, and remained in the United States in violation of law. During the course of the conspiracy, the defendants accepted money from aliens in exchange for arranging the aliens’ transport from Texas to New York City and other locations in and around the United States.
* * *
Each defendant in United States v. Vasquez, et al. and United States v. Casola et al. faces a maximum term of 10 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
A chart containing the names, ages, and residence information of the defendants who were arrested today is attached.
Mr. Bharara praised the outstanding investigative work of HSI, and expressed gratitude for the coordinated efforts of the Homeland Security Investigation Offices in Laredo, McAllen, San Antonio, and Austin, Texas; as well as the HSI Attaché offices in the Dominican Republic and Mexico, Customs and Border Patrol, and the Department of Homeland Security’s Joint Task Force – Investigations. Mr. Bharara also thanked the U.S. Attorney’s Offices in the Southern and Western Districts of Texas for their assistance and support of the investigation. Mr. Bharara also expressed appreciation for the assistance provided by the Dominican Republic and Mexico; in particular, he recognized the efforts of the Procuraduría General de la República and the Transnational Criminal Investigative Units of the National Police.
These cases are being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Benet Kearney, Frank Balsamello, and Jessica Fender are in charge of the prosecutions.
The charges contained in the Indictment and the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
US v. Maria del Carmen Vasquez et al. indictment.pdf US v. Casola complaint.pdf United States v. Maria del Carmen Vasquez, et al.
NAME
AGE
RESIDENCE
MARIA DEL CARMEN VASQUEZ
41
San Antonio, TX
JORGE VASQUEZ-RAMIREZ
39
San Antonio, TX
JUAN JOSE JIMENEZ BRAVO, a/k/a “Juan Carlos”
34
Laredo, TX
MAYTE ZUNIGA BRACHO
36
McAllen, TX
ENARDYS FERNANDEZ
42
Round Rock, TX
CARLOS SANTANA
42
Brooklyn
JORGE GONZALEZ, a/k/a “Jorgito,” a/k/a “Barbie”
46
Laredo, TX
ELSA GUADALUPE DURAN, a/k/a “Elsa Cruz”
48
Laredo, TX
United States v. Luis Batista Casola et al.
NAME
AGE
RESIDENCE
LUIS BATISTA CASOLA, a/k/a “Cuba,”
48
Laredo, TX
YOENDRIS BATISTA MATOS
28
Laredo, TX
[1] As the introductory phase signifies, the entirety of the texts of the Indictment and Complaint, and the descriptions of the Indictment and Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Manchester Resident Sentenced for Bank RobberyRead the Press Release
CONCORD, N.H. – Andrew Michael Dufresne, a 44-year-old Manchester resident, was sentenced on Tuesday to serve 63 months in prison for robbing the People’s United Bank at 1750 Elm Street in Manchester, announced United States Attorney Emily Gray Rice.
According to court records and statements in court, on April 9, 2014, Cook entered the federally-insured bank and handed a note to a bank teller that stated, “GIVE ME THE MONEY.” Dufresne then reached into the teller’s cash drawer and took several bundles of bills and fled the bank. Bank alarms were activated and the Manchester Police Department released a statement concerning the robbery, including surveillance photos of the defendant. Shortly thereafter, the police received phone calls from individuals who identified Dufresne as the robber.
The defendant was arrested on April 11, 2014, in Methuen after crashing a stolen car in that city. He was prosecuted in Massachusetts on charges unrelated to the bank robbery and is currently incarcerated on those charges. The defendant, who pleaded guilty on June 29, 2016, will serve his federal sentence after completing his current period of incarceration.
This case was investigated by the Manchester Police Department with the assistance of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Helen White Fitzgibbon.
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Louisiana Man Pleads Guilty to Conspiring to Sell Devices to Cheat Vehicle Emissions TestsRead the Press Release
SYRACUSE, NEW YORK – Darren Kattan 31, of Baton Rouge, Louisiana, pled guilty today in Federal Court in Syracuse to one felony count of conspiracy to commit mail fraud in connection with a violation of the Clean Air Act, announced United States Attorney Richard S. Hartunian, and Vernesa Jones-Allen, Special Agent in Charge, EPA-CID, New York Area Office. Kattan will be sentenced by Senior District Judge Norman A. Mordue on March 16, 2017.
In pleading guilty, Kattan admitted that between 2010 and 2013 he designed, built, and sold “simulator devices” which were programmed to fraudulently by-pass motor vehicle emissions inspection tests. In total, members of the conspiracy distributed one hundred and seventy (170) of the simulator devices throughout the United States. Kattan was arrested by Special Agents of the Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”) during a sting operation in Louisiana after he provided the source codes for his devices in exchange for a $10,000 payment.
The charge to which Kattan pled guilty carries a maximum sentence of up to five (5) years in prison, a term of supervised release of up to three (3) years and a fine of up to $250,000.
This case is being investigated by EPA-CID, the New York State Department of Environmental Conservation, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason, United States Department of Justice, Environmental Crimes Section.
Long Island Radiology Company, Zwanger-Pesiri Inc., Pleads Guilty to Federal Health Care Fraud Charges and Agrees to Pay $2.4 Million in Criminal ForfeitureRead the Press Release
Earlier today, at the federal courthouse in Central Islip, New York, Zwanger-Pesiri Inc., a Long Island radiology company, pleaded guilty to two counts of health care fraud for illegally performing and billing for procedures that had not been ordered by treating physicians. After accepting the guilty plea, United States District Court Judge Joanna Seybert approved a settlement with the United States and the State of New York in which Zwanger-Pesiri agreed to forfeit $2.4 million in the criminal case and pay $8,153,727 million to resolve civil liability arising from its fraudulent practices.
The announcement was made by Robert L. Capers, U.S. Attorney for the Eastern District of New York, Scott J. Lampert, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office, and Eric Schneiderman, New York State Attorney General.
As part of the plea agreement and criminal settlement, Zwanger-Pesiri pled guilty to a criminal information charging the company with illegally engaging in schemes to fraudulently obtain reimbursements from Medicare and Medicaid by “bundling” the tests it performed, such that when a patient’s treating physician ordered one test to be performed, Zwanger-Pesiri would automatically perform a related but unordered test. For example, between July 2009 and February 2014, when patients were referred to Zwanger-Pesiri for either a dual energy X-ray absorptiometry (DXA) bone scan or a vertebral fracture assessment (LVA), Zwanger-Pesiri would perform both tests. Similarly, between January 2008 and February 2014, when female patients were referred to Zwanger-Pesiri for either a pelvic or transvaginal ultrasound, Zwanger-Pesiri would perform both tests.
As part of the civil settlement with the United States and State of New York, Zwanger Pesiri agreed to pay $6,921,490.80 to the United States and $1,232,236.20 to New York State to resolve allegations set forth in a qui tam complaint filed by Donna Geraci and Linda Gibb. Under federal and state False Claims Act statutes, a private individual who has uncovered fraud against the government may file a suit in federal court on behalf of the United States and the State of New York. If the United States and the State are successful in resolving those claims, the individual who filed the complaint may receive a share of the recovery. In addition to resolving civil liability arising from the conduct described in the criminal information, the civil settlement resolves allegations that Zwanger-Pesiri fraudulently billed Medicare and Medicaid programs for procedures performed or supervised by physicians who were not properly credentialed with Medicare and Medicaid programs, or which were performed at an unauthorized practice location.
Finally, as part of the global settlement, Zwanger-Pesiri agreed to enter into a Corporate Integrity Agreement with HHS-OIG that will govern its future conduct and ensure careful oversight of its billing practices.
“Zwanger-Pesiri illegally pursued corporate profits at the expense of federal and state health care providers and taxpayers. Today’s guilty plea and approximate $10.5 million global settlement demonstrates our vigilance in bringing to justice those who put profits first and health care second,” said United States Attorney Capers. Mr. Capers expressed his appreciation to HHS-OIG, the FBI, and the State of New York Attorney General’s Office.
“Zwanger-Pesiri, like all health care providers, must be held to a high standard of ethical behavior,” said Special Agent in Charge Lambert of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region. “Corporate greed must never be a part of medical decision making. HHS-OIG and our law enforcement partners are committed to protecting patient care, and the federally funded health care programs intended for the nation’s most vulnerable citizens.”
“This case reminds us of a growing epidemic that exploits private and public insurers and the people they insure. Health care fraud is often mistaken for a victimless crime, but it victimizes insurers directly and the insured and others indirectly. Those who employ these schemes will most certainly be brought to justice,” said FBI Assistant Director-in-Charge Sweeney.
“These defendants knowingly overbilled Medicaid by millions, draining the program of important resources meant to help some of our most vulnerable individuals,” said Attorney General Schneiderman. “I thank our partners in law enforcement for helping us protect New York taxpayer dollars against fraud and waste. We will continue to vigilantly guard the integrity of Medicaid, and will punish those who steal from our state.”
The federal criminal case was prosecuted by Assistant United States Attorney Lara Treinis Gatz, and its civil claims were litigated by Assistant United States Attorney Robert W. Schumacher. The State of New York’s civil claims were litigated by Carolyn T. Ellis, Chief, Civil Enforcement Division, Medicaid Fraud Control Unit, Office of the Attorney General.
Local Woman Indicted on Federal Fraud ChargesRead the Press Release
St. Louis, MO – Deborah Pierce, St. Louis, Missouri, was indicted today for embezzling more than $380,000 from a joint educational venture between her employer, Webster University, and a Chinese government cultural agency.
According to the indictment, Pierce was appointed the director of the Confucius Institute at Webster University and was entrusted with the oversight of the Institute’s funding, which came mainly from Webster University and the People’s Republic of China. According to the indictment, in September 2013, Pierce established a separate, unauthorized bank account over which she had sole control and directed the funds of the Confucius Institute through it.
Between September 2013 and June 2016, it is alleged that Pierce diverted more than $380,000 to herself from the Institute’s funds by writing checks to cash, checks to herself and paying various personal bills and accounts and those of her family members.
If convicted of mail fraud, Pierce faces a term of imprisonment of up to 20 years, a fine of up to $250,000 or both. Restitution to the victims is mandatory, and the government is seeking to forfeit a money judgment for all of the embezzled funds.
The case was investigated by the FBI and the U.S. Postal Inspection Service with assistance from Webster University. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Lewis County man pleads guilty to using excessive forceRead the Press Release
ELKINS, WEST VIRGINIA – Hunter Lane Barrett, 21, of Weston, West Virginia pled guilty to using excessive force, United States Attorney William J. Ihlenfeld, II, announced.
Barrett, a former correctional officer, pled guilty to two counts of “Deprivation of Rights Under Color of Law.” He admitted to using excessive force against an incarcerated individual while he was employed as a correctional officer at the Tygart Valley Regional Jail.
He faces up to one year in prison and a fine of up to $100,000 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 Sarah W. Montoro and Department of Justice Trial Attorney Olimpia Michel prosecuted the case on behalf of the government. The Federal Bureau of Investigation investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Las Vegas Woman Indicted for Evading Payment of Trust Fund Recovery PenaltiesRead the Press Release
Las Vegas, Nev. - 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.
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Kansas City, Kan., Woman Charged with Setting Fires as Diversion for ShopliftingRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., woman was charged in federal court Wednesday with setting fires as diversions while she was shoplifting at three separate grocery stores, U.S. Attorney Tom Beall said.
Tahmekah D. Henson, 40, Kansas City, Kan., is charged with three counts of arson. The fires are alleged to have been set at the following locations.
-- Save A Lot, 2815 State Avenue, Kansas City, Kan., Nov. 5, 2016.
-- Save A Lot, 2102 Metropolitan, Kansas City, Kan., Nov. 5, 2016.
-- Happy Foods, 5420 Leavenworth Road, Kansas City, Kan., Nov. 5, 2016.
Documents filed in the case allege Henson set fires in store aisles so she could leave the stores with shoplifted meats during the confusion. In each case there were customers and employees in the stores.
If convicted, she faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
KC Man Sentenced for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man who was wounded in a shoot-out with police officers was sentenced in federal court today for illegally possessing a firearm.
Cahlan A. Clay, 28, of Kansas City, was sentenced by U.S. District Judge Roseann Ketchmark to 10 years in federal prison without parole, which is the maximum statutory penalty for this offense.
On May 10, 2016, Clay was found guilty at trial of being a felon in possession of a firearm.
According to trial testimony, two uniformed Kansas City police officers who were heading home from their off-duty shift nearby, heard multiple gunshots from the area of the Club Luna nightclub, 1520 Grand Ave., at approximately 2:45 a.m. on Sept. 23, 2012. Officers saw a crowd of people running away from the parking lot south of 1520 Grand. The officers pushed through the crowd, and when they got to the parking lot, Clay was standing there with a gun in his hand. He saw the officers, raised his gun, pointed it at them, and fired a round in their direction. One of the officers saw a muzzle flash but was unable to return fire because of the people running in his direction.
Clay began running south on Grand Avenue with the officer in pursuit. Clay turned and pointed the gun in the officer’s direction a second time and the officer returned fire, hitting Clay in the leg. Clay fell when he reached the corner of 16th and Grand.
As the officer turned the corner at 16th and Grand, he found Clay, who had been shot twice, sitting on the ground and leaning against a building. Clay had a Jimenez Arms 9mm handgun in his hand, which he pointed at the officer. Clay complied after being told to drop the gun.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Clay has a prior felony conviction for aggravated battery.
This case was prosecuted by Assistant U.S. Attorney Patrick Edwards and Special Assistant U.S. Attorney Courtney R. Pratten. It was investigated by the Kansas City, Mo., Police Department.
Justice Department Sues to Block EnergySolutions’ Acquisition of Waste Control SpecialistsRead the Press Release
Merger Would Eliminate Significant Head-to-Head Competition that Has Led to Lower Prices and Better Service for Customers in 36 States Seeking to Dispose of Low Level Radioactive Waste
The Department of Justice filed a civil antitrust lawsuit today seeking to block EnergySolutions’ proposed $367 million acquisition of Waste Control Specialists – a transaction that would combine the two most significant competitors for the disposal of low level radioactive waste (LLRW) available to commercial customers in 36 states, the District of Columbia and Puerto Rico.
According to the lawsuit filed in the U.S. District Court for the District of Delaware, the transaction would deny commercial generators of LLRW – from universities and hospitals working on life-saving treatments to nuclear facilities producing 20 percent of the electricity in the United States – the benefits of vigorous competition that has led to significantly lower prices, better service and innovation in recent years.
“Since opening its LLRW disposal facility in 2012, Waste Control Specialists has provided EnergySolutions the only real competition it has ever faced,” said Acting Assistant Attorney General Renata Hesse of the department’s Antitrust Division. “This competition has allowed customers to extract better prices and to receive better and more innovative service in the LLRW disposal industry. If consummated, EnergySolutions’ proposed acquisition of Waste Control Specialists would make EnergySolutions the only option for customers in nearly 40 states. And this at a time when projects worth billions of dollars are set to be awarded in the coming years.”
LLRW is the radioactive byproduct of nuclear power generation, scientific research and certain medical treatments. LLRW includes such items as personal protective clothing, tools, water purification filters and resins, hardware from nuclear power plants, and equipment from medical and research institutions. LLRW may only be disposed of in a facility licensed by, or pursuant to an exemption provided by, the Nuclear Regulatory Commission (NRC) or a state acting under an agreement with the NRC. LLRW disposal is an essential service for operating nuclear reactors, research laboratories and medical facilities. Additionally, LLRW disposal is a requirement for the safe decommissioning of such facilities when they reach the end of their useful lives.
According to the department’s complaint, EnergySolutions and Waste Control Specialists are the only two significant competitors providing LLRW disposal services to commercial customers in 36 states, the District of Columbia and Puerto Rico. After nearly two decades of development, Waste Control Specialists became the only new licensed commercial LLRW disposal facility to open since EnergySolutions, and provided EnergySolutions’ only true competition. That competition has led to increased innovation and lower prices for customers. EnergySolutions’ acquisition of Waste Control Specialists would eliminate that competition, with no likelihood of new entry to fill the void.
EnergySolutions Inc. is a Delaware corporation headquartered in Salt Lake City, Utah, and is a wholly-owned subsidiary of Rockwell Holdco Inc., also a Delaware corporation. EnergySolutions is the leading company providing a full range of services related to the disposal of LLRW and the decommissioning of nuclear reactors. In 2015, EnergySolutions’ U.S. revenues from LLRW disposal were approximately $112 million.
Waste Control Specialists LLC is a Delaware limited liability company headquartered in Dallas, Texas, and is a wholly-owned subsidiary of Andrews County Holdings Inc., a Delaware corporation. It operates the only LLRW disposal facility that is licensed to accept all types of LLRW from 36 states, Puerto Rico and the District of Columbia. In 2015, Waste Control Specialists’ revenues were approximately $45 million.
EnergySolutions Complaint
Jury Finds Former Labette Banker Guilty in Embezzlement CaseRead the Press Release
WICHITA, KAN. – A jury today found a former Labette, Kan., banker guilty on federal charges in an embezzlement case, U.S. Attorney Tom Beall said.
Keith L. Shaffer, 61, Altamont, Kan., was convicted on the following charges:
Count one: Misapplication of bank funds.
Count four: Wire fraud
Count five: Misappropriation of insurance funds
Counts six, seven and eight: Making a false statement on a federal tax return
Count two was dismissed before trial. He was acquitted on count three.
During trial, prosecutors presented evidence that while Shaffer was a bank employee he diverted more than $134,000 in commissions on sales of insurance belonging to the bank into his personal account. Shaffer was managing a bank subsidiary called Labette Insurance Company. He was a salaried employee of the bank and all commissions paid on sales by Labette Insurance belonged to the bank. As part of the scheme he submitted false information to the bank and to the Internal Revenue Service.
Sentencing is set for Feb. 6. He faces the following potential penalties:
Counts one: Up to 30 years in federal prison and a fine up to $1 million on each count.
Count four: Up to 20 years and a fine up to $250,000.
Count five: Up to 10 years and a fine up to $250,000.
Counts six, seven and eight: Up to three years and a fine up to $25,000 on each count.
Beall commended the Internal Revenue Service, FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.
Isleta Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Juan Larry Lujan, 63, a member and resident of Isleta Pueblo, N.M., pled guilty today in federal court in Santa Fe, N.M., to an abusive sexual contact charge.
Lujan was arrested in Feb. 2016, on an indictment charging with sexually abusing a child under the age of 12, on the Isleta Pueblo in Valencia County, N.M.
During today’s proceedings, Lujan pled guilty to a felony information charging him with abusive sexual contact. In entering the guilty plea, Lujan admitted sexually abusing a child under the age of 12 sometime between Nov. 30, 2011 through Nov. 30, 2013.
At sentencing, Lujan faces a maximum penalty of life in prison. He will also be required to register as a sex offender. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI. The case was prosecuted by Assistant U.S. Attorney Joseph Spindle as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Inmate Charged with Assault and Possession of ContrabandRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Johnny Biggs, age 37, inmate at United States Penitentiary, Canaan, was indicted on November 15, 2016, by a federal grand jury for possession of a dangerous weapon and possession of contraband.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Biggs attacked another inmate with a weapon fashioned from a padlock tied to a sock. The victim suffered multiple lacerations to his head, face, and back.
The case was investigated by the Federal Bureau of Investigation and officers at USP Canaan. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the assault offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Idaho Man Sentenced for Distribution of Meth Resulting in DeathRead the Press Release
GREAT FALLS – Thomas Joseph Wehner Jr., 40, of Moyie Springs, Idaho, was sentenced today to serve 210 months in prison and 6 years on supervised release for distribution of methamphetamine resulting in death. The charges stemmed from a six-count indictment in February of this year. Wehner entered a guilty plea to the single count in August. U.S. District Court Judge Brian Morris issued the sentence.
Had the case proceeded to trial, the United States was prepared to prove that on September 22, 2015, deputies in Boundary County, Idaho, responded to a report of a business burglary. The business owner told authorities that chainsaws, gold, numerous firearms, and his truck had been stolen during the preceding night. The business owner told authorities two days later that he had visited Wehner’s home to discuss a business issue and observed a chainsaw he believed to be one of the ones stolen in the partially opened trunk of a car.
On September 30, 2015, Meagher and Broadwater County deputies, along with Montana Highway Patrol Officers, responded to a high speed pursuit between White Sulphur Springs and Townsend. The driver eventually stopped and law enforcement identified the vehicle as belonging to Wehner, although he was not in the vehicle when it was stopped. Through communication with Boundary County deputies, Montana law enforcement determined that the vehicle contained one of the firearms that had been reported stolen, and that Wehner had at one point been in the vehicle.
The morning of October 1, Great Falls police officers were dispatched to a report of a dead male. The deceased victim’s wife told law enforcement that Wehner had shown up at her house the previous evening with several water bottles of what he said was “pure dope.” The defendant and the victim proceeded to drink out of one of the bottles and the victim became agitated and died sometime during the early morning. One of the recovered water bottles was sent to the DEA lab for testing and was determined to contain a half gram of methamphetamine with a purity of 100%. An autopsy revealed that the victim had died after ingesting a lethal amount of methamphetamine.
Almost simultaneously, Judith Basin County deputies responded to a call from a woman in Hobson, MT. She said that the defendant had shown up at her home that morning driving a rental vehicle. He was behaving erratically and stated that there was a dead body lying on the ground in Great Falls. She later called the authorities again to inform them that Wehner was at a nearby bank. Detectives found him at the bank, and Wehner agreed to accompany them to the police station to be interviewed. In Wehner’s rented vehicle, detectives found hydrocodone pills, a black suitcase with two water bottles and a ziplock bag that contained methamphetamine. Wehner admitted that he had provided the methamphetamine to the victim and had intended to provide him with some of the drug to sell. He also admitted to the Idaho burglary.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department, along with the Drug Enforcement Agency, The Montana Highway Patrol, the Meagher, Broadwater, Judith Basin, and Cascade County Sheriff’s Offices, and the Boundary County, Idaho Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Jessica Betley.
High-Ranking Ms-13 Member Sentenced to 13 Years in PrisonRead the Press Release
NEWARK, N.J. – A high-ranking member of the international street gang “Mara Salvatrucha” (also known as MS-13) was sentenced today to 13 years in prison for participating in a racketeering conspiracy, which included acts of extortion, drug distribution, and conspiracy to commit murder, U.S. Attorney Paul J. Fishman announced today.
Joel Antonio Cortez, a/k/a “Pee Wee,” 42, who is currently serving a state prison sentence in California, was sentenced today by U.S. District Court Judge Stanley R. Chesler to 156 months in prison. Cortez previously pleaded guilty to one count of racketeering conspiracy.
According to documents filed in this case and statements made in court:
Cortez and Amilcar Romero, a/k/a “Chi Chi,” 47, served as the top deputies to Jose Juan Rodriguez-Juarez, 34, the alleged leader of MS-13’s “national program,” which was an effort to bring all local MS-13 sets, or “cliques,” operating in the United States under a single, cohesive leadership structure.
By autumn 2013, Rodriguez-Juarez had assigned Romero to serve as the primary point-of-contact between the leadership of Mara Salvatrucha in the United States and El Salvador, while Cortez assumed responsibility for recruiting Mara Salvatrucha cliques on the east coast of the United States to join the national program. Both are also alleged to have ordered acts of violence, including Cortez’s authorization of a November 2013 murder plot in Hudson County. Law enforcement learned of the murder plot during the course of the investigation and arrested the New Jersey-based conspirators before it could be completed. Cortez and Romero also ordered east coast-based gang members to collect money on behalf of the gang by force and violence.
In addition, Romero and Cortez collaborated with MS-13 gang leaders in New Jersey, Virginia, Maryland, and elsewhere to establish a distribution chain for cheap Mexican cartel drugs, including heroin and crystal methamphetamine. Part of the profit from that drug distribution chain would then be funneled back to the gang’s leadership in California to further promote the gang’s criminal activity.
Cortez is currently serving a 22-year prison sentence imposed in California State court in 2004 for second-degree robbery. Cortez’s federal sentence will run concurrently with his state sentence.
Romero previously pleaded guilty to one count of racketeering conspiracy. He was sentenced by Judge Chesler to five years in prison, which will be served consecutively to a 44-year prison sentence imposed by California state court in 1997 for attempted murder.
Rodriguez-Juarez pleaded guilty to one count of racketeering conspiracy and one count of conspiracy to distribute controlled substances. He has yet to be sentenced.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation. The investigation also involved substantial assistance from multiple FBI field offices, including the Los Angeles, California, office. U.S. Attorney Fishman also thanked the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, and the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Grace H. Park, for their work on this case. He also acknowledged the U.S. Attorney’s Office for the Central District of California for its assistance.
The government is represented by Assistant U.S. Attorneys James M. Donnelly and J. Jamari Buxton of the U.S Attorney’s Office Criminal Division in Newark.
Defense counsel:
Cortez: Howard B. Brownstein, Esq., Union City, New Jersey
Romero: John P. McDonald Esq., Somerville, New Jersey
Rodriguez-Juarez: E. Alexander Jardines, Esq., Union City, New Jersey
High-Level International Drug Trafficker Sentenced to 16 Years in PrisonRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SERGIO GRIMALDO age 34, a citizen of Mexico, was sentenced today after previously pleading guilty to conspiracy to possess and distribute 5 kilograms or more of cocaine. GRIMALDO’s organization distributed more than one-thousand kilograms of cocaine throughout United States, to include Jackson, Mississippi, Pensacola, Florida, New York City, New York, and Houma, Louisiana.
U.S. District Judge Sarah S. Vance sentenced GRIMALDO to serve 195 months incarceration, to be followed by 5 years of supervised release.
According to court documents, in September 2009, Drug Enforcement Administration Agents seized cocaine hydrochloride in Houma and in April of 2010, the Drug Enforcement Administration conducted a controlled purchase of cocaine hydrochloride from a co-conspirator in Beaumont, Texas.
GRIMALDO was extradited from Mexico in July 2014, based on a warrant from the Eastern District of Louisiana. EFRAIN GRIMALDO, co-defendant and the brother of SERGIO GRIMALDO, was convicted of the same offense following a jury trial and was sentenced to 405 months imprisonment. SERGIO GRIMALDO was also affiliated with NOE JUAREZ, the former Houston Police Officer who was convicted by a federal jury on drug and firearm charges and was sentenced to 365 months imprisonment.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration New Orleans Office, DEA Houston HIDTA Task Force, Terrebonne Parish Sheriff’s Office, Louisiana State Police Troop C, Houma Police Department and Lafourche Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorneys John F. Murphy and Theodore R. Carter III were in charge of the prosecution.
Harrisburg Man Sentenced for Firearm ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Christopher Fleisher, age 36, of Harrisburg, Pennsylvania, was sentenced today by United States District Court Judge William W. Caldwell in Harrisburg to 46 months’ imprisonment for firearm charges.
According to United States Attorney Bruce D. Brandler, Fleisher pled guilty to being a felon in possession of a firearm. The charge stems from an incident that occurred on June 4, 2015 in Harrisburg and involved a stolen .38 caliber Smith and Wesson handgun.
The case was investigated by the Harrisburg Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Harrisburg Police Department and the Commonwealth of Pennsylvania’s Office of Probation and Parole. Prosecution of the case was assigned to Assistant United States Attorney William A. Behe.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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Georgia Postal Employee Indicted for His Role in a Stolen Identity Refund Fraud SchemeRead the Press Release
A federal grand jury sitting in Macon, Georgia returned an indictment against a resident of Columbus, Georgia on Nov. 9, which was unsealed today, for his role in a stolen identity refund fraud conspiracy, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney G.F. Peterman III for the Middle District of Georgia.
According to the indictment, Harold Coley worked as a mail carrier for the U.S. Postal Service and his postal route was in Columbus, Georgia. In 2012, Coley became involved in a stolen identity tax refund conspiracy. Coley’s co-conspirators, including Keshia Lanier, obtained stolen personal identification information from several sources, including from an Alabama state database and then prepared and filed false federal income tax returns for tax years 2011 and 2012. Coley provided his co-conspirators with addresses on his postal route to which the fraudulently obtained tax refund checks could be mailed. Several of these addresses did not exist or were for vacant homes. Coley was paid a fee to divert and provide these checks to his co-conspirators.
If convicted, Coley faces a statutory maximum sentence of 10 years in prison for the conspiracy count, 20 years in prison for each mail fraud count, five years in prison for each theft of mail count, and a mandatory minimum sentence of two years in prison for aggravated identity theft. In addition to the charges, Coley faces a forfeiture claim of approximately $924,000, a period of supervised release, and monetary penalties.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Peterman commended special agents of Internal Revenue Service-Criminal Investigation, the U.S. Secret Service, and the U.S. Postal Service Office of Inspector General, who conducted the investigation, and Trial Attorney Michael C. Boteler of the Tax Division and Assistant U.S. Attorney Crawford L. Seals of the Middle District of Georgia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Georgia Postal Employee Indicted for His Role in A Stolen Identity Refund Fraud SchemeRead the Press Release
WASHINGTON – A federal grand jury sitting in Macon, Georgia returned an indictment against a resident of Columbus, Georgia on Nov. 9, which was unsealed today, for his role in a stolen identity refund fraud conspiracy, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney G.F. Peterman III for the Middle District of Georgia.
According to the indictment, Harold Coley worked as a mail carrier for the U.S. Postal Service and his postal route was in Columbus, Georgia. In 2012, Coley became involved in a stolen identity tax refund conspiracy. Coley’s co-conspirators, including Keshia Lanier, obtained stolen personal identification information from several sources, including from an Alabama state database and then prepared and filed false federal income tax returns for tax years 2011 and 2012. Coley provided his co-conspirators with addresses on his postal route to which the fraudulently obtained tax refund checks could be mailed. Several of these addresses did not exist or were for vacant homes. Coley was paid a fee to divert and provide these checks to his co-conspirators.
If convicted, Coley faces a statutory maximum sentence of 10 years in prison for the conspiracy count, 20 years in prison for each mail fraud count, five years in prison for each theft of mail count, and a mandatory minimum sentence of two years in prison for aggravated identity theft. In addition to the charges, Coley faces a forfeiture claim of approximately $924,000, a period of supervised release, and monetary penalties.
An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Peterman commended special agents of Internal Revenue Service-Criminal Investigation, the U.S. Secret Service, and the U.S. Postal Service Office of Inspector General, who conducted the investigation, and Trial Attorney Michael C. Boteler of the Tax Division and Assistant U.S. Attorney Crawford L. Seals of the Middle District of Georgia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Fourth Defendant Convicted in Scheme that Defrauded Software Company of More Than $16 Million Worth of Virtual CurrencyRead the Press Release
FORT WORTH, Texas – A Whittier, California, man was convicted today of wire fraud in connection with his involvement in a scheme to defraud a software company of more than $16 million, announced U.S. Attorney John Parker of the Northern District of Texas and Assistant Attorney General for the Criminal Division Leslie R. Caldwell.
Anthony Clark, 24, was convicted, following a three-day jury trial before U.S. District Judge Reed C. O’Connor, on an indictment charging one count of conspiracy to commit wire fraud. He faces a maximum statutory penalty of 20 years in federal prison, a $250,000 fine and restitution. Sentencing has been scheduled for February 27, 2017.
Evidence presented at trial showed that Clark and three co-conspirators defrauded software company Electronic Arts (EA). EA is the publisher of a video game called FIFA Football, in which players can earn “FIFA coins,” a virtual in-game currency generally earned based on the time users spend playing FIFA Football. Due to the popularity of FIFA Football, a secondary market has developed whereby FIFA coins can be exchanged for U.S. currency. Clark and his co-conspirators circumvented multiple security mechanisms created by EA in order to fraudulently obtain FIFA coins worth over $16 million. Specifically, Clark and his co-conspirators created software that fraudulently logged thousands of FIFA Football matches within a matter of seconds, and as a result, EA computers credited Clark and his co-conspirators with improperly earned FIFA coins. Clark and his co-conspirators subsequently exchanged their FIFA coins on the secondary market for over $16 million.
Co-conspirators Nick Castellucci, 24, of, New Jersey; Ricky Miller, 24, of Arlington, Texas; and Eaton Zveare, 24, of Lancaster, Virginia, previously pleaded guilty and await sentencing.
The FBI and Internal Revenue Service Criminal Investigation investigated the case. Assistant U.S. Attorneys Brian Poe and C. Heath of the Northern District of Texas and Senior Counsel Ryan Dickey of the Criminal Division’s Computer Crime and Intellectual Property Section are in charge of the prosecution.
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Fourth Defendant Convicted in Scheme That Defrauded Software Company of over $16 Million Worth of Virtual CurrencyRead the Press Release
A Whittier, California man was convicted today of wire fraud in connection with his involvement in a scheme to defraud a software company of over $16 million, announced Assistant Attorney General for the Criminal Division Leslie R. Caldwell and U.S. Attorney John R. Parker of the Northern District of Texas.
Anthony Clark, 24, was convicted by a jury sitting in Fort Worth, Texas, of one count of conspiracy to commit wire fraud. Sentencing has been scheduled for February 27, 2017.
Evidence presented at trial showed that Clark and three co-conspirators defrauded software company Electronic Arts (EA). EA is the publisher of a video game called FIFA Football, in which players can earn “FIFA coins,” a virtual in-game currency generally earned based on the time users spend playing FIFA Football. Due to the popularity of FIFA Football, a secondary market has developed whereby FIFA coins can be exchanged for U.S. currency. Clark and his co-conspirators circumvented multiple security mechanisms created by EA in order to fraudulently obtain FIFA coins worth over $16 million. Specifically, Clark and his co-conspirators created software that fraudulently logged thousands of FIFA Football matches within a matter of seconds, and as a result, EA computers credited Clark and his co-conspirators with improperly earned FIFA coins. Clark and his co-conspirators subsequently exchanged their FIFA coins on the secondary market for over $16 million.
Co-conspirators Nick Castellucci, 24, of New Jersey; Ricky Miller, 24, of Arlington, Texas; and Eaton Zveare, 24, of Lancaster, Virginia, previously pleaded guilty and await sentencing.
The FBI and the Internal Revenue Service investigated the case. Senior Counsel Ryan Dickey of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Brian Poe and Candina Heath of the Northern District of Texas are prosecuting the case.
Four Gang Members Charged with Armed Robbery of New Jersey Bar, Violent Kidnapping of Taxi DriverRead the Press Release
NEWARK, N.J. – Four 18th Street gang members from Bergen County, New Jersey, and Rockland County, New York, were charged today with various offenses arising from their armed robbery of a Hawthorne, New Jersey, bar and the violent carjacking of a taxi that took place shortly afterwards, U.S. Attorney Paul J. Fishman announced.
Wilbur Jonathan Barahona, 20, of Ridgewood, New Jersey, Guillermo Carillo-Iraheta, 19, of Suffern New York, Juan Chiliseo-Vega, 19, of Suffern, and Jostin Reyes, 21, of Waldwick, New Jersey, were charged by complaint with conspiracy to commit Hobbs Act Robbery, carjacking, use of a firearm during a crime of violence, and kidnapping. All four appeared this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
Balmore Carillo-Iraheta, 19, of Suffern, and Oscar Avalos-Cortez, 22, of New City, New York, are also charged in the same complaint with conspiracy to commit Hobbs Act robbery. They had their initial appearances before U.S. Magistrate Judge Mark Falk on Nov. 1, 2016 and U.S. Magistrate Judge James B. Clark on Nov. 10, 2016, respectively. All six defendants, with the exception of Avalos-Cortez, have been detained. Avalos-Cortez was released on a $150,000 unsecured bond.
According to the complaint:
On Dec. 25, 2016, Barahona, Guillermo Carillo-Iraheta, Chiliseo-Vega, Reyes, Balmore Carillo-Iraheta, and Avalos-Cortez robbed a bar at gunpoint in Hawthorne, New Jersey, while Avalos-Cortez operated the getaway vehicle.
Later that evening, Barahona, Guillermo Carillo-Iraheta, Chiliseo-Vega, and Reyes robbed a taxicab driver at gunpoint, hit the taxicab driver in the head with a beer bottle, and sliced his throat with a knife before leaving him on the side of the New York State Thruway near Woodbury, New York. The taxicab driver survived.
The kidnapping charge carries a maximum potential penalty of life imprisonment. The carjacking charge carries a maximum potential penalty of 25 years in prison. The conspiracy charge carries a maximum potential penalty of up to 20 years in prison. The charge of brandishing a weapon in connection with the carjacking offense carries a mandatory penalty of seven years in prison.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, as well as the Ridgewood and Hawthorne Police Departments, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Karen D. Stringer of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Four Defendants in North Idaho Drug Trafficking Organization Plead GuiltyRead the Press Release
COEUR D'ALENE – Jessica Nadine Frederick, 26, of Spokane, Washington, Sean Lee Jackson, 27, of Las Vegas, Nevada, Steven Wayne Jackson, 30, of Las Vegas, Nevada and Kristin Rene Wilson, 28, of Riverside, California pled guilty in federal court to conspiracy to distribute controlled substances, U.S. Attorney Wendy J. Olson announced. Frederick, Sean Jackson and Steven Jackson pled guilty on November 15, 2016. Wilson pled guilty this morning. In addition to pleading guilty to the drug charge, Wilson and Sean Jackson pled guilty to conspiracy to launder money. The defendants were indicted by a federal grand jury in Coeur d'Alene, Idaho, on January 20, 2016. In total, 11 defendants were indicted in the case and to date seven have pled guilty.
During the plea hearings, each defendant admitted to being part of the Loren Toelle Drug Trafficking Organization (DTO). Each defendant admitted to helping sell and transport heroin and oxycodone pills which traveled through Nevada, Washington, Idaho, Montana and North Dakota. Specifically, the defendants admitted the DTO operated from at least 2009 and continued until February 4, 2016. Each defendant also admitted to making sure the profits went back to the DTO and agreed to forfeit any interest in real property, jewelry or cash held by them or conspirators as outlined in the indictment. Wilson and Sean Jackson admitted to helping launder proceeds for the DTO by depositing drug proceeds into bank accounts, Money Tree or MoneyGram accounts in an attempt to hide the money or try to make it appear as if it was from a legitimate source.
Frederick and Steven Jackson each face up to 20 years in prison, at least 3 years supervised release, a maximum fine of $1,000,000, and a $100 special assessment.
Wilson and Sean Jackson each face at least 5 years and up to 40 years in prison, at least 4 years of supervised release, a maximum fine of $4,000,000 and a $100 special assessment.
Sentencing is set for March 7 and 8, 2017, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Coeur d'Alene.
The case was investigated by CDA Police, Drug Enforcement Administration (DEA) Federal Bureau of Investigation (FBI), Internal Revenue Service, Criminal Investigations (IRS-CI), Kootenai County Sheriff, North Idaho Violent Crimes Task Force (NIVCTF), and U.S. Customs and Border Protection.
The indictments are the result of a joint investigation of the Organized Crime and Drug Enforcement Task Force (OCDETF), which included the cooperative law enforcement efforts of the Federal Bureau of Investigation, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and U.S. Marshals Service and the North Idaho Violent Crime Task Force.
The OCDETF program is a federal multi agency, multi jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Former Orange County Resident Pleads Guilty to Fleeing United States to Avoid Prosecution in Health Care Fraud CaseRead the Press Release
LOS ANGELES – A medical doctor who was facing charges in a federal health care fraud case when he fled the United States 14 years ago and faked his own death in Russia has pleaded guilty to federal charges related to his flight from justice.
Tigran Svadjian, 58, a naturalized U.S. citizen originally from Armenia who was residing in Newport Beach prior to fleeing the country in September 2002, pleaded guilty yesterday before United States District Judge Michael W. Fitzgerald.
Svadjian pleaded guilty to unlawful flight to avoid prosecution, the sole count in an indictment that was returned by a federal grand jury on September 2, 2016.
In a case filed in 2002 in Sacramento, Svadjian was charged in a scheme to defraud Medi-Cal by submitting bills for tests that had not been performed, in many cases because the “patients” were dead. After being ordered to appear in federal court in the Eastern District of California for an arraignment in that case, he went to Russia, leaving behind his wife and children.
On October 24, 2002, the United States Embassy in Moscow received notification that Svadjian had died of pneumonia and that his body had been cremated. The Embassy issued a report documenting the death, and Svadjian’s defense counsel submitted that report to federal prosecutors. In January 2013 after lengthy and unsuccessful attempts to locate Svadjian or to obtain further confirmation of his death, prosecutors in the Eastern District of California dismissed the health care fraud case.
During his change of plea hearing yesterday, Svadjian admitted that he paid a Russian police officer in 2002 to fake his death and submit an official report about his death to the United States Embassy. Soon after, Svadjian relocated to Hurghada, Egypt, where he occasionally worked as a scuba instructor.
Svadjian was taken into custody by Egyptian authorities on August 1 – nearly 14 years after he fled the United States. Svadjian had been deported to Egypt by Ukrainian authorities after they determined he was travelling on a fraudulent Lithuanian passport. Egyptian authorities discovered in his residence an old United States passport with his true name.
“Although this defendant’s attempted flight from justice delayed his prosecution, he could not escape it,” said United States Attorney Eileen M. Decker. “This defendant developed an elaborate hoax to avoid prosecution, a scheme that involved faking his death and assuming a false identity. But he seriously underestimated the dedication of the Department of Justice, and he now faces the prospect of a lengthy stay in federal prison.”
“Mr. Svadjian’s luck in deceiving authorities in the U.S. and abroad for many years ultimately ran out,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “FBI Agents around the world took part in bringing Mr. Svadjian back to face the consequences of his actions. This case demonstrates not only the global reach of the FBI, but our commitment to holding accountable individuals who flee from justice, regardless of how far they run or how much time has passed.”
Judge Fitzgerald is scheduled to sentence Svadjian on February 9, at which time the defendant faces a statutory maximum sentence of five years in federal prison.
This case was investigated by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorney Bryant Y. Yang of the General Crimes Section.
Former Employee of Albuquerque Halfway House Sentenced to Prison for Sexually Abusing Female InmatesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General, Dallas Field Office, announced that a former employee of a halfway house in Albuquerque, N.M., was sentenced this morning to 100 months in federal prison followed by five years of supervised release for sexually abusing six female inmates who were under his custodial authority.
Eric Trujillo, 36, of Albuquerque, N.M., was arrested in Nov. 2015, on a seven-count indictment charging him with aggravated sexual abuse and sexual abuse of persons in official detention. The indictment charged Trujillo with sexually abusing four women who were living at a halfway house in Bernalillo County, N.M., that provided lodging and other services for federal inmates under a contract with the U.S. Bureau of Prisons. According to the indictment, Trujillo committed the crimes between June 2012 and March 2014, while he was employed as a resident monitor by the halfway house.
The indictment was superseded on March 23, 2016, to add two more sexual abuse charges. The new charges alleged that between May 2012 and Sept. 7, 2012, Trujillo sexually assaulted two more women who were residing at the halfway house.
Trujillo pled guilty in federal court on May 23, 2016, to a six-count felony information charging him with sexually abusing persons in official detention. In entering the guilty plea, Trujillo admitted that between May 2012 and March 2014, he engaged in sexual acts with six female inmates who were living at the halfway house pursuant to a contract with the U.S. Bureau of Prisons. Trujillo acknowledged that at the time, he was employed as a resident monitor and guard by the halfway house and that the victims were in official detention and under his custodial, supervisory and disciplinary authority.
This case was investigated by the Dallas Field Office of the Department of Justice Office of the Inspector General with assistance from the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Sarah J. Mease.
Former Correctional Officer, Two Others Indicted for Smuggling Oxycodone into Shelby County JailRead the Press Release
Memphis, TN –A Shelby County Correctional Officer and two other individuals have been indicted for their roles in a scheme to smuggle prescription opioids and other contraband inside the Shelby County Correctional Center. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee; Michael T. Gavin, Special Agent in Charge of the Federal Bureau of Investigation’s Memphis Division; and Bill Gupton, Director of the Shelby County Division of Corrections, announced the indictments today.
"Committing criminal acts like those alleged threatens the reputation of the many correctional officers who perform their jobs with honor and integrity every day," said U.S. Attorney Stanton. "This indictment should serve as a reminder that no one is excluded from criminal prosecution."
According to the indictments, Kevin Thomas, 38; Kalon Jennings, 29; and Aaron Travonta Wallace, 26; all of Memphis, Tennessee; attempted to smuggle oxycodone and other contraband into the Shelby County Correctional Center. The defendants’ criminal behavior was revealed during an undercover investigation law enforcement conducted between April 2015 and August 2016.
In addition to the smuggling of oxycodone, the investigation revealed that Jennings, a correctional officer, sold numerous inmates’ social security numbers in exchange for cash on two separate occasions.
"These indictments represent the successful cooperative efforts of the FBI and its partners to target those who would attempt to smuggle contraband into a Correctional Center and the corrupt Correctional Officers who assist them," said Gavin. "The FBI will continue to aggressively pursue those who choose to break the law, no matter where that may occur."
"Once we discovered the scheme, our staff immediately reported these actions to area law enforcement agencies," said Gupton. "This multi-agency investigation led to the arrests. It should send a clear message to our staff at the corrections center that the net is always out there. If policy violations or criminal actions occur, there will be swift consequences."
Thomas and Wallace are each being charged with one count of attempting to unlawfully possess with the intent to distribute and distribute oxycodone. If convicted, they face up to 20 years in federal prison and a fine of up to $1 million.
Jennings is being charged with two counts of attempting to unlawfully possess with the intent to distribute and distribute oxycodone. If convicted, he faces up to 20 years in federal prison and a fine of up to $1 million per count.
Jennings is also being charged with two counts of unlawfully possessing and using the social security numbers of numerous inmates during the commission of a felony violation. If convicted, he faces a mandatory sentence of two years in federal prison, which is consecutive to any other term of imprisonment. He also faces a fine of up to $250,000.
This case is being investigated by the FBI’s Tarnished Badge Task Force and the Shelby County Correctional Center.
Assistant U.S. Attorney Kevin Whitmore is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Former Bank Vice President Sentenced for EmbezzlingRead the Press Release
BOSTON – A former vice president of Lenox National Bank was sentenced yesterday in U.S. District Court in Springfield for embezzling more than $150,000 from the bank.
Joseph E. Leskovitz, 53, of Lenox, Mass., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 22 months in prison, three years of supervised release and ordered to pay $154,783 in restitution. In July 2016, he pleaded guilty to three counts of embezzlement of bank funds and one count of money laundering.
Between approximately 2009 and February 2014, Leskovitz was the vice president of Lenox National Bank, which was acquired in 2015 by Adams Community Bank. Leskovitz stole money from certificates of deposits he was entrusted to manage for family members and clients. In addition, Leskovitz opened a loan in the name of a family member without the family member’s knowledge and stole the loan proceeds.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Assistant U.S. Attorney Karen L. Goodwin of Ortiz’s Springfield Branch Office prosecuted the case.
Former AFLAC Employee Convicted in Scheme to Defraud Insurance Company out of $4 Million through Bogus Disability ClaimsRead the Press Release
SANTA ANA, California – A former sales representative for AFLAC has been found guilty of federal fraud charges stemming from a scheme that bilked the insurance company out of $4 million with fake disability claims.
Patricia Diane Smith Sledge, 60, of Redlands, was convicted late Tuesday in the scheme involving fictitious employers and “employees” who falsely claimed to have suffered injuries that prevented them from working.
At the conclusion of a two-week trial, the jury convicted Sledge of six counts of mail fraud. The jury also found that Sledge committed two counts of witness tampering while on bond in this case.
United States District Judge James V. Selna, who presided over the trial, ordered Sledge to return to court for a sentencing hearing on March 20, 2017, at which time the defendant will face a statutory maximum sentence of 160 years in federal prison.
The evidence presented at trial showed that Sledge, who was residing in Irvine while working for the company formally known as American Family Life Assurance Company, sold disability insurance policies to bogus companies and people who supposedly worked for those companies. Sledge then orchestrated the filing of fraudulent disability claims and directed the purported employees to doctors that would sign off on the fake injury claims.
As a result of the false claims, AFLAC suffered losses of approximately $4 million.
Sledge made money both from the commissions related to the sale of the fraudulent insurance policies and from kickbacks she received from the supposedly injured “employees.”
“Using knowledge she gained as a company insider, this defendant was able to game the system, causing her employer to suffer millions of dollars in losses,” said United States Attorney Eileen M. Decker. “While her scheme went unnoticed for a period of time, her employer was able to uncover the conduct and referred the matter to federal authorities. This cooperation from the victim and a thorough investigation by law enforcement has resulted in this successful prosecution.”
Sledge was also found guilty of witness tampering for encouraging potential witnesses to lie to federal investigators and discouraging them from cooperating in the investigation. Both counts related to conduct after Sledge became aware of the federal investigation, and one count stemmed from conduct after she was indicted in this case and freed on bond in 2012.
“Defendant Sledge illegally misused the authority granted to her as a licensed insurance agent in California for her own personal gain, at the expense of her trusted employer,” said Deirdre Fike, the Assistant Director in Charge of the FBI's Los Angeles Field Office. “In addition, the defendant's brazen attempt of witness tampering to tilt the justice system in her favor further demonstrates her lack of respect for the rule of law. The lengthy prison sentence the defendant faces should serve as a warning to anyone contemplating insurance fraud.”
Two others have been prosecuted for acting as fake employers and fake employees in this scheme.
The case against Sledge and the others involved in the scheme is the result of an investigation by United States Department of Labor - Officer of Inspector General, the Federal Bureau of Investigation, and California’s Department of Insurance.
This case is being prosecuted by Assistant United States Attorney Vibhav Mittal of the Santa Ana Branch Office and Assistant United States Attorney Joshua O. Mausner of the General Crimes Section.
Floridian Charged with Defrauding First Commonwealth BankRead the Press Release
PITTSBURGH - A resident of Bal Harbour, Florida, has been indicted by a federal grand jury in Pittsburgh on charges of bank fraud, United States Attorney David J. Hickton announced today.
The three-count indictment named Edmund M. Abramson, 81, is the sole defendant.
According to the indictment, Abramson lied about his assets and falsified financial statements in order to obtain loans from First Commonwealth Bank.
The law provides for a maximum total sentence of 70 years in prison, a fine of $1,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal charges filed in W.Va. Division of Highways pay-to-play schemeRead the Press Release
WHEELING, WEST VIRGINIA – Four individuals and a corporation are facing federal charges for conspiring to steer West Virginia Division of Highways projects to a South Carolina business in exchange for bribes and kickbacks, United States Attorney William J. Ihlenfeld, II, announced.
Bruce E. Kenney, III, Andrew P. Nichols, James Travis Miller, and Mark R. Whitt have been charged in a scheme which caused $1.5 million worth of highway work to be routed to the Dennis Corporation, a Columbia, South Carolina engineering consulting firm. Bayliss and Ramey, Inc., a Putnam County highway electrical contractor, has also been charged.
Kenney, age 60, of Norfolk, Virginia, is alleged to have used his position in the Traffic Engineering Division of the Division of Highways to bypass normal state procedures and funnel structure inspection work to the Dennis Corporation in exchange for covert payments totaling nearly $200,000. Kenney was charged by Information today with honest services wire fraud conspiracy and conspiracy to impede the Internal Revenue Service.
Nichols, age 38, of Lesage, West Virginia, formerly served as the manager of the West Virginia Division of the Dennis Corporation while also working as an engineering professor. He is alleged to have managed the financial relationships of his co-conspirators, to have ensured that payments were made, and to have lied to federal agents about his involvement in the scheme. Nichols was indicted earlier this month on charges of conspiracy to commit honest services wire fraud and money laundering, along with obstructing justice and making false statements. The indictment was unsealed this morning.
Miller, age 40, of Hurricane, West Virginia, also worked for the Division of Highways before leaving to work for the Dennis Corporation. He is alleged to have delivered covert payments to Kenney in exchange for official actions that were done in favor of Dennis Corporation. Miller was charged by Information today with money laundering conspiracy.
Whitt, 52, of Winfield, West Virginia, was the president and owner of Bayliss and Ramey, Inc., which was awarded the statewide signal maintenance contract in 2009. Whitt allegedly used the contract to funnel construction work to Dennis Corporation. He benefitted financially for helping to conceal the illegal flow of funds from the Division of Highways to Dennis Corporation. Whitt was charged by Information today with wire fraud conspiracy.
Bayliss and Ramey, Inc. submitted invoices with a twenty percent mark-up to ensure that it would be compensated for its role in the scheme. This mark-up by Bayliss and Ramey caused the State of West Virginia to pay a higher price than it should have for engineering services. The corporation was charged by Information today with wire fraud conspiracy.The criminal conduct in this matter occurred from 2008 until 2014. The investigation began in September 2015 when information about the scheme was provided to the U.S. Attorney’s Office.
Each individual defendant faces the possibility of incarceration. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of each defendant. Each defendant is presumed innocent unless and until proven guilty.
Assistant U.S. Attorneys Jarod J. Douglas and Sarah W. Montoro are prosecuting the case on behalf of the government. The case is being investigated by the U.S. Attorney’s Public Corruption Unit, which includes the Federal Bureau of Investigation, the West Virginia Commission on Special Investigations, IRS-Criminal Investigation, and the West Virginia State Police. The investigation is ongoing.
Ihlenfeld commended the efforts of all of the investigators, and encouraged citizens with information regarding public corruption in their community to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS (855-982-3337), or to send an email to [email protected].Federal Jury Convicts San Angelo Man for Role in Conspiracy to Distribute MethamphetamineRead the Press Release
LUBBOCK, Texas — Late yesterday, following a one-day trial before Senior U.S. District Judge Sam R. Cummings, a federal jury convicted Richard Jasso, 39, of San Angelo, Texas, on one count of distribution and possession with intent to distribute 50 grams of more of methamphetamine and aiding and abetting, announced U.S. Attorney John Parker of the Northern District of Texas.
The government filed a notice of enhancement because Jasso has two previous “felony drug offenses.” If the Court finds those convictions are final and valid, then, by statute, the Court must impose a life sentence, without parole. A sentencing date was not set.
Jasso has been in custody since his arrest on July 13, 2016, when numerous defendants, most from the San Angelo area, were arrested in a joint Organized Crime Drug Enforcement Task Force (OCDETF) operation led by the Drug Enforcement Administration (DEA), the Texas Department of Public Safety, and the San Angelo Police Department. Twelve defendants, including the drug trafficking organization’s leader, Rudolfo Ledesma Castaneda, Jr., 31, were charged in an indictment with various felony offenses stemming from their respective roles in a methamphetamine distribution conspiracy that operated in San Angelo.
The government presented evidence at trial that Jasso delivered 54 net grams of pure methamphetamine to an individual working at the direction of the Drug Enforcement Administration. The buy took place in San Angelo.
With Jasso’s conviction, all 12 defendants charged in the indictment have been convicted and await sentencing. One defendant, Jesse Huerra, 31, was convicted at trial in San Angelo in September 2016 on methamphetamine distribution and firearm charges. He faces a mandatory life sentence.
The DEA, Bureau of Alcohol, Tobacco, Firearms and Explosives, Texas Department of Public Safety and the San Angelo Police Department investigated the case.
Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
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Federal Indictment: Topeka Man Fired Gun During RobberyRead the Press Release
TOPEKA, KAN. – A federal grand jury returned an indictment Wednesday charging a Topeka man with a robbery in which he is alleged to have fired a gun, U.S. Attorney Tom Beall said.
Audley M. Crable, 28, Topeka, Kan., is charged with one count of commercial robbery and one count of discharging a firearm in furtherance of the robbery. The indictment alleges that on Nov. 19, 2011, Crable discharged a gun while he robbed Mo’s Express at 810 Southeast 15th in Topeka, severely injuring two employees.
If convicted, he faces up to 20 years and a fine up to $250,000 on the robbery charge, and a consecutive sentence of not less than 10 years on the firearms charge, and a fine up to $250,000 on both charges. The FBI and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER GRAND JURY INDICTMENTS
Luis Antonio Aguilera Martinez, 22, who is in custody, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 1, 2016, in Coffey County, Kan.
If convicted, he faces up 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Kevin Martin, 35, who is in custody at the Wyandotte County Detention Center, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Nov. 5, 2016, in Wyandotte County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Federal Court in Florida Bars Former LBS Tax Services Franchisor from Owning Tax Return Preparation Businesses and Preparing Tax Returns for OthersRead the Press Release
Courts also Order Defendants to Disgorge Ill-Gotten Gains totaling $10.5 Million
Today, a federal district court in Orlando, Florida barred the former LBS Tax Services franchisor, Walner Gachette, from preparing tax returns and entered a $5 million judgment against him. According the government’s complaint, Gachette was responsible for growing LBS Tax Services from a single store in Orlando in 2008 to 239 stores in 2013 located in Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Texas, with a stated goal of 1,000 stores by 2016. Since September 2014, the United States filed 11 lawsuits in Orlando, Miami and Tampa, Florida against Gachette and 14 former LBS franchisees and managers to bar each from owning or operating a tax return preparation business and preparing tax returns for others.
The former LBS Tax Services franchisees and managers sued by the government include Douglas Mesadieu of Orlando, Florida; Jean Demesmin of Mt. Dora, Florida; Tonya Chambers of Winter Garden, Florida; Kerny Pierre-Louis of Windermere, Florida; Jehoakim Victor of Orlando, Florida; Lauri Rodriguez of Tampa, Florida; Demetrius Scott of Orlando, Florida; Jason Stinson of Longwood, Florida; Wilfred Antoine of Lake Worth, Florida; Milot Odne of Tampa, Florida; Alexander Baraz of Spring Hill, Florida; Patrick Clarke of Hallandale Beach, Florida; Ruby Rodriguez of Orlando, Florida; and Christopher Lawrence of Coral Springs, Florida. The government alleged that many of these former LBS franchisees and managers initially operated their tax returns preparation stores as “LBS Tax Services,” but later changed their stores’ names. The United States also sued Kenneth Aikens of Brooklyn, New York, who worked for Lawrence as a tax preparer and manager before Aikens assumed ownership of several tax return preparation stores in the Miami area, according to the government’s complaint.
According to the United States’ complaints, at least 239 tax preparation stores were affiliated with LBS Tax Services in 2013. These 239 stores – 192 of which were owned by the defendants – prepared more than 55,000 federal income tax returns, according to the government’s complaints. The United States alleged that the defendants targeted primarily low-income customers with deceptive and misleading advertisements (one such advertisement frequently used by the defendants’ stores suggests that potential customers will receive a tax refund of more than $3,000 “per child”), prepared and filed false tax returns that unlawfully increased their customers’ refunds, and profited by charging excessive preparation fees – all at the expense of their customers and the U.S. Treasury.
According to the complaints, fraudulent schemes and practices occurred at the defendants’ stores which overstated customers’ federal income tax refund by:
- Falsely claiming the Earned Income Tax Credit by inflating or decreasing a customer’s income or deductions;
- Claiming improper filing statuses that increase the amount of the standard deduction (e.g. claim the head of household status for married customers who are ineligible to do so);
- Fabricating self-employment businesses and related business income and expenses;
- Fabricating deductions such as charitable contributions and unreimbursed employee business expenses, including improperly deducting business mileage based on customers’ nondeductible commuting mileage; and
- Falsely claiming education credits.
In addition to these fraudulent schemes and practices, the defendants charged excessive fees for each additional tax form attached to the tax return, according to the government’s complaints. After preparing and filing the returns based on the unlawful practices detailed above, the defendants allegedly subtracted fees directly from the refunds. According to the complaints, the defendants’ customers were often unaware of the fees that the defendants reaped. In an attempt to increase their profits, the defendants’ stores allegedly implemented “$999 charge weeks,” during which the stores would charge as many customers as possible $999 for the preparation of a tax return, according to the government’s complaints.
Through the case against Gachette and the other lawsuits, federal courts in Orlando and Miami, permanently barred Gachette, Mesadieu, Demesmin, Chambers, Pierre-Louis, Scott, Antoine, Lawrence, Aikens, Victor, and Rodriguez from owning tax preparation businesses and preparing tax returns. In addition, these courts have also ordered many of the defendants to disgorge to the United States the proceeds that they received through their tax preparation businesses. Judgments were entered in favor of the United States and against Gachette in the amount of $5 million, against Lawrence in the amount of $1.4 million, against Demesmin, Pierre-Louis, and Scott in the amount of $1 million each, against Aikens and Chambers in the amount of $500,000 each, and against Antoine in the amount of $100,000.
In addition to these final judgments and permanent injunctions, courts have entered preliminary injunctions in cases still pending against Stinson, Odne and Baraz. Odne and Baraz consented to these preliminary injunctions; however, Stinson did not. The Eleventh Circuit Court of Appeals upheld the preliminary injunction against Stinson issued by a federal court in Orlando, Florida. The preliminary injunctions bar these individuals from owning and operating tax preparations businesses and preparing tax returns while the lawsuits against them are pending.
Return preparer fraud is one of the IRS's Dirty Dozen Tax Scams for 2016. The IRS has some tips on their website for choosing a tax preparer. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Elkhart Man Sentenced to 151 Months’ ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Omar Loza, 33, of Elkhart, Indiana was sentenced before South Bend District Court Judge Jon. E. DeGuilio for possessing with intent to distribute and distribution of cocaine.
Loza was sentenced to 151 months’ imprisonment and 3 years supervised release.
According to documents filed in this case, Loza was involved in a group that shipped cocaine from Texas to Elkhart, Indiana. Loza then arranged for shipments to be transported to Columbus, Ohio.
This case was investigated by the Drug Enforcement Administration and the Internal Revenue Service Criminal Investigation Division. The case was handled by Assistant United States Attorney Frank E. Schaffer.
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Eight Charged in Federal Drug Trafficking ConspiracyRead the Press Release
GALVESTON, Texas – A total of eight people are set to appear in federal court today in relation to a drug trafficking conspiracy involving cocaine and methamphetamine, announced U.S. Attorney Kenneth Magidson
Those charged include Agusto Lazo-Aguirre, 39, Marco Antonio Duran-Millan, 29, Rafael Ortuno Carreno, 36, and Gabriel Santiago-Ochoa, 30, all of Houston; Tony Perez, 23, of Dickinson; and Carlos Chayane Morales, 26, Francisco Solano-Huerta, 58, and Juana Guadalupe Joya, 47, all of Galveston.
They are all set for a detention hearing today at 1:00 p.m. before U.S. Magistrate Judge John Froeschner in Galveston.
Authorities arrested Perez, Solano, Joya and Duran during an enforcement action late last week. The other four had already been in custody.
The eight-count indictment charges all of defendants with conspiring from July 1, 2015, to Feb. 22, 2016, to possess with intent to distribute more than 50 grams of methamphetamine or more than 500 grams of a mixture or substance containing methamphetamine and more than five kilograms of cocaine.
Carreno, Lazo-Aguirre and Duran-Millan are also charged as illegal aliens who unlawfully possessed one or more firearms.
In addition, Morales is charged with three counts of possession with intent to distribute methamphetamine, while Lazo-Aguirre, Perez and Ochoa are each charged with one of these substantive counts.
If convicted of the drug conspiracy offense, the eight defendants face a minimum of 10 years and up to life in prison and a possible $10 million fine. Those charged in the substantive possession count face the dame penalties, while the illegal aliens in possession of firearms charges carry a possible 10-year-term of imprisonment.
The Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; FBI; Galveston Police Department; and the Galveston County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Kenneth Cusick is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.
Drug Arrests Lead to Recovery of 119 Pounds of Cocaine and Stacks of CashRead the Press Release
NEWPORT NEWS, Va. – Four men were indicted here this morning for their involvement in a large-scale cocaine trafficking conspiracy. When the men were arrested law enforcement officers seized approximately 54 kilograms (119 pounds) of cocaine and 100 bundles of shrink wrapped cash containing $5,000 to $10,000 each.
Marvin O’Neal Carter, Sr., 49, of Newport News; Michael Stephen Kuna, 42, of Canada; Daniel Rodriguez, 49, and Hilario Rodriguez, 50, both of California; were charged with conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. Carter was also charged with possession with intent to distribute 500 grams or more of cocaine, possession with intent to distribute heroin, possession of a firearm during a drug trafficking crime and maintaining a drug involved premises. In addition to the conspiracy charge, Daniel and Hilario Rodriguez were charged with interstate travel in aid of racketeering.
According to court documents, agents observed the arrival of a tractor trailer at a garage leased by Carter. The tractor trailer eventually off-loaded the trailer next to the garage, and agents observed Michael Kuna, and Daniel and Hilario Rodriguez arrive and park in Carter’s garage parking lot. The four men then allegedly worked together to unload cocaine from hidden compartments located underneath the trailer. A short time later, Kuna was observed loading two large duffel bags with green straps into a vehicle before leaving the area. Law enforcement agents conducted a traffic stop on Kuna and located the two duffle bags which emanated with the odor of wet currency.
According to court documents, as Kuna was being detained, agents executed two federal search warrants on the garage and trailer. During the search, approximately 54 kilograms of cocaine and 100 bundles of cash in $5,000 to $10,000 stacks were recovered. The search of the garage also led to the recovery of a firearm and a quantity of heroin, in addition to approximately $42,000 in cash from a safe.
Each defendant faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison, if convicted. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Jonathan F. Trimble, Acting Special Agent in Charge of the FBI’s Norfolk Field Office; Richard W. Myers, Chief of Newport News Police; and Terry L. Sult, Chief of Hampton Police Division, made the announcement after the indictment was filed. Assistant U.S. Attorney Howard J. Zlotnick and Special Assistant U.S. Attorney Amy E. Cross are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16-cr-76.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Dracut Attorney Pleads Guilty to Filing False Tax ReturnsRead the Press Release
BOSTON – A Dracut attorney pleaded guilty in U.S. District Court in Boston yesterday to filing false federal tax returns.
John F. Paczkowski, 73, pleaded guilty to two counts of filing false personal tax returns for 2009 and 2010. U.S. District Judge George A. O’Toole scheduled sentencing for Feb. 16, 2017.
Paczkowski operated a legal office in Dracut as a sole practitioner. In this capacity, he was required by the Massachusetts Board of Bar Overseers and the Rules of Professional Conduct to hold client funds in a trust separate from his own funds. However, Paczkowski embezzled and misappropriated funds from the trust account and used clients’ funds for his own uses. Paczkowski failed to report to the IRS more than $630,000 he took from clients and failed to pay more than $192,000 in federal taxes.
The charging statute provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by the federal district judge based on the U.S. Sentencing Guidelines and other sentencing factors.
United States Attorney Carmen M. Ortiz and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Victor A. Wild of Ortiz’s Economic Crimes Unit prosecuted the case.
Derek Fields Found Guilty by Jury TrialRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Derek Fields, 30, of South Bend, Indiana was found guilty, after a 3-day jury trial, of kidnapping, transmitting a ransom demand, discharging a weapon during a crime of violence and felon in possession of a firearm. He is the last of three co-defendants to be tried in this matter. Ivan Brazier was convicted on July 13, 2016 of kidnapping and extortion and is scheduled to be sentenced on December 14, 2016. Lindani Mzembe was convicted on August 24, 2016 of kidnapping, extortion, felon in possession, and use of a firearm in a crime of violence, and is scheduled to be sentenced on December 1, 2016.
According to documents filed in this case, Fields and his codefendants possessed firearms as felons to unlawfully confine or kidnap an individual against their will and demanded a ransom for that individual. A firearm was discharged, hitting the victim, during the kidnapping.
This case was prosecuted as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Federal Bureau of Investigation; South Bend Police Department and the St. Joseph County Metro Homicide. This case was prosecuted by Assistant United States Attorneys John M. Maciejczyk and Joel Gabrielse.
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Cosby Resident Sentenced to Serve Ten Years in Prison for Possession of Marijuana for Distribution and Violation of Supervised ReleaseRead the Press Release
GREENEVILLE, Tenn. –George Mooneyham, 57, of Cosby, Tenn., was sentenced on Nov. 16, 2016, by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 120 months in federal prison.
In July 2016, Mooneyham pleaded guilty to possession with the intent to distribute marijuana. At the time of the investigation into his distribution of marijuana, Mooneyham was already under the supervision of a federal probation officer, following service of a prison sentence for his 2004 conviction for distribution of cocaine in the U.S. District Court for the Eastern District of Tennessee. Mooneyham’s participation in new criminal activity was a violation of the terms of his supervised release. The court sentenced Mooneyham to 60 months for the marijuana distribution conviction and to a consecutive 60 months for violation of the terms of his supervised release for a net effective sentence of 120 months.
Agencies involved in this investigation included the Cocke County Sheriff’s Office, Drug Enforcement Administration, U.S. Marshal Service, and U.S. Probation. Assistant U.S. Attorney, J. Gregory Bowman, represented the United States.
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Congressional Staffer Pleads Guilty to Failure to File Income Tax ReturnsRead the Press Release
ALEXANDRIA, Va. – Isaac Lanier Avant, of Arlington, a congressional staffer employed by the U.S. House of Representatives since 2000, pleaded guilty today to willfully failing to file an individual income tax return.
According to the statement of facts filed with the plea agreement, despite earning more than $165,000 each year from 2008 through 2013, Avant failed to timely file personal income tax returns for any of those years. Avant filed returns for tax years 2006 and 2007, but those returns each contained false deductions. In May 2005, Avant caused a form to be filed with his employer that falsely claimed he was exempt from federal income taxes. Avant did not have any federal tax withheld from his paycheck until the IRS mandated that his employer begin withholding in January 2013.
As part of his plea agreement, Avant agreed to pay restitution in the amount of $153,522 to the IRS, and faces a maximum penalty of one year in prison, a term of supervised release, and monetary penalties when sentenced on Jan. 17, 2017. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Caroline D. Ciraolo, Principal Deputy Assistant Attorney General of the Justice Department’s Tax Division, made the announcement after the plea was accepted by Magistrate Judge Theresa C. Buchanan. Assistant U.S. Attorney Jack Hanly and Assistant Chief Todd Ellinwood of the Tax Division are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-mj-385.
Congressional Staffer Pleads Guilty to Failure to File Income Tax ReturnRead the Press Release
A congressional staffer pleaded guilty today to willfully failing to file an individual income tax return, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Dana J. Boente for the Eastern District of Virginia.
According to court filed documents, Issac Lanier Avant, a resident of Arlington, Virginia, is a staff member who has been employed by the U.S. House of Representatives since approximately 2000. Despite earning more than $165,000 each year from 2008 through 2013, Avant failed to timely file personal income tax returns for any of those years. Avant filed returns for tax years 2006 and 2007, but those returns each contained false deductions.
In May 2005, Avant caused a form to be filed with his employer that falsely claimed he was exempt from federal income taxes. Avant did not have any federal tax withheld from his paycheck until the Internal Revenue Service (IRS) mandated that his employer begin withholding in January 2013.
Sentencing is scheduled for Jan. 17, 2017. Avant faces a statutory maximum sentence of one year in prison, a term of supervised release and monetary penalties. As part of his plea agreement, Avant agreed to pay restitution in the amount of $153,522 to the IRS.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Boente thanked special agents of IRS-Criminal Investigation and the FBI, who conducted the investigation, and Assistant U.S. Attorney Jack Hanly and Assistant Chief Todd Ellinwood of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Clinton Man Sentenced to Almost Six Years for Pharmacy RobberyRead the Press Release
Contact: F. Todd Lowell
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that James J. Senior, 40, of Clinton, Maine was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 71 months in prison and three years of supervised release for pharmacy robbery. He was also ordered to pay restitution. Senior pleaded guilty on June 11, 2015.
Court records show that on March 31, 2015, Senior entered the Rite Aid Pharmacy in Newport, Maine, approached the pharmacy counter, presented a note that demanded oxycodone and threatened that employees would be harmed if they did not comply. While Senior waited, he told the employees to “hurry up” and “get moving.” He absconded with three bottles of oxycodone and hydrocodone-ibuprofen pills.
Law enforcement officers released a video of the robbery. After receiving a tip, they confirmed that Senior was the robber by comparing the video footage to a known photograph of Senior. Officers also recovered the three pill bottles that Senior had discarded a short distance from the pharmacy. The next day, Senior surrendered to the Waterville Police Department and admitted that he was the robber.
In imposing sentencing, Judge Woodcock noted the defendant’s “horrendous” criminal history involving 17 convictions -- including felony drug trafficking and felony assault and battery convictions -- and the “chilling” nature of the robbery.
The investigation was conducted by the Newport Police Department, the Maine State Police, the Waterville Police Department, and the Federal Bureau of Investigation.
Central Oregon Man Indicted for Carjacking, Kidnapping, and Firearms OffensesRead the Press Release
EUGENE, Ore. – On Wednesday, November 16, 2016, Edwin Enoc Lara, 31, of Redmond, Oregon was indicted by a federal grand jury in Eugene, Oregon for carjacking, kidnapping, and two counts of brandishing a firearm. The defendant’s federal charges are related to an alleged July 2016 carjacking and kidnapping of a female victim in Salem, Oregon and taking her to California.
Lara is currently in custody in Deschutes County, Oregon where he is facing state charges for aggravated murder in connection with the death of Kaylee Sawyer. Lara is also facing separate state charges in Siskiyou County, California including attempted murder and assault.
An indictment is only an accusation of a crime, and a defendant should be presumed innocent unless and until proven guilty. If convicted of the federal charges, Lara faces a mandatory minimum sentence of seven years and up to life in prison on the firearm charges, a maximum sentence of fifteen years for carjacking and twenty years for kidnapping.
This case is being investigated by the FBI in collaboration with the Redmond Police Department, Bend Police Department, Deschutes County Sheriff’s Office, Oregon State Police, and other local law enforcement agencies in California. Nathan J. Lichvarcik, Assistant United States Attorney for the District of Oregon, is prosecuting the case.
California Woman Sentenced to Two Years in Prison for Drug Trafficking Crimes in KodiakRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that Priscilla Ramirez, 27, of Stockton, California, was sentenced yesterday by Chief U.S. District Judge Timothy M. Burgess to serve two years in prison for possession of heroin, methamphetamine, and cocaine with intent to distribute, followed by three years of supervised release. Judge Burgess also ordered the forfeiture of $4,500 in drug proceeds found in Ramirez’s possession.
In June 2016, in Kodiak, Alaska, Ramirez was contacted by the Kodiak Police, and a bag she had in her possession was searched. Inside the bag, police officers found 117 grams of heroin, 27 grams of methamphetamine, 6.9 grams of cocaine, and $4,500 in drug proceeds. Ramirez’s phone was also searched by law enforcement and there were several messages to and from Ramirez where she discussed quantities, types, and prices of illegal drugs for sale.
Prior to imposing sentence, Judge Burgess noted the seriousness of the crime given the type and quantity of illegal narcotics that were found in her possession for distribution.
U.S. Attorney Loeffler commends the Kodiak Police, the Kodiak Coast Guard Investigative Service, and the DEA for the successful investigation and prosecution of this case.
Buffalo Man Indicted for Distributing Fentanyl Which Resulted in DeathRead 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 a federal grand jury has returned an indictment charging Carlique DeBerry, 38, of Buffalo, NY, with distribution of fentanyl causing death and possession with intent to distribute fentanyl. The charges carry a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the indictment, on February 25, 2016, the defendant distributed a quantity of fentanyl that was used by an individual identified as R.G. which resulted in R.G.’s death.
Details of the charges were not immediately available as a detention hearing— during which prosecutor’s typically set forth the facts underlying the charges contained in the indictment—which had been scheduled for this afternoon before U.S. Magistrate Judge Michael J. Roemer was cancelled. Instead, DeBerry agreed to be detained pending the resolution of the charge against him.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The indictment is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, under the direction of Michael C. Mikulka, Special Agent-in-Charge of the New York Region, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent in Charge Scott Lampert.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Bowie Man Pleads Guilty to Misusing a Social Security Number to Fraudulently Obtain a Medical LicenseRead the Press Release
Greenbelt, Maryland – Oluwafemi Charles Igberase, a/k/a Charles John Nosa Akoda, age 54, of Bowie, Maryland, pleaded guilty on November 15, 2016, to misusing a Social Security Account number to fraudulently obtain a medical license in Maryland.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General, Philadelphia Field Division; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Special Agent in Charge Drew Grimm of the U.S. Office of Personnel Management - Office of Inspector General; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to his plea agreement, Igberase entered the United States in October 1991 on a nonimmigrant visa. In November 1991, January 1995, and September 1998, Igberase obtained fraudulent social security numbers using other names and false identifying information. Between 1992 and 1998, Igberase obtained three certifications from the Educational Commission for Foreign Medical Graduates (ECFMG) under different names, dates of birth and fraudulent social security numbers, in order to practice medicine and get into a residency program in the United States. The ECFMG Committee on Medical Education Credential subsequently revoked or suspended two certifications in December 1995, after learning that they were fraudulently obtained. In 1998, after receiving his third ECFMG certification in the name Charles John Nosa Akoda, Igberase was admitted to a residency program in New Jersey. Igberase was dismissed from the program two years later after officials learned that the social security number he used did not belong to him.
In 2011, Igberase also used the third social security number to fraudulently apply for federal education loans for his children. That same year, using a fourth fraudulent social security number that belonged to another individual, and other fraudulent documents in the name Charles John Nosa Akoda, Igbergase obtained a medical license in Maryland, after completing a U.S. residency program. He went on to practice obstetrics and gynecology and obtained medical privileges at a hospital in Prince George’s County.
In 2012, Igberase, using the Akoda identity, submitted a Medicare Enrollment Application, which was denied based in part on their determination that Igberase did not provide an accurate social security number.
A search warrant executed at Igberase’s residence recovered a false social security card in the Akoda name, a false Nigerian passport for Akoda, a false U.S. visa in the Akoda name, and fraudulent or altered documents related to immigration, medical diplomas, medical transcripts, letters of recommendation and birth certificates.
Igberase and the government have agreed that if the Court accepts the plea agreement Igberase will be sentenced to six months in prison, followed by six months of home detention as part of three years of supervised release. U.S. District Judge Paul W. Grimm has scheduled sentencing for February 27, 2017 at 1:00 p.m.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, the Offices of Inspector General for the Social Security Administration, Department of Health and Human Services and Office of Personnel Management, the FBI, and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Kelly O’Connell Hayes and Michael T. Packard, who are prosecuting the case.
Boise Man Sentenced to 48 Months in Prison for Possession of Child PornographyRead the Press Release
BOISE – Allan Ebel, 63, of Boise, Idaho was sentenced today in United States District Court to 48 months in prison followed by five years of supervised release, and a $5,000 fine, for possession of child pornography, U.S. Attorney Wendy J. Olson announced. Ebel pleaded guilty on August 10, 2016.
According to the plea agreement, an electronic device at Ebel’s residence downloaded images of child pornography from a website based in Switzerland on at least six occasions in August of 2014. In July of 2015, agents with the Department of Homeland Security, with assistance from the Boise Police Department and the Ada County Sheriff’s Office, executed a search warrant at Ebel’s residence in Boise, Idaho, seizing numerous computers and electronic storage devices. Agents with the Department of Homeland Security conducted a forensic examination of the devices, and discovered images of child pornography saved in folders on a desktop computer and an external hard drive, and evidence that the devices were owned and used by Ebel. In the plea agreement, Ebel admitted possessing 4,688 images and 31 videos containing child pornography on the desktop computer and external hard drive.
Senior U.S. District Judge Edward J. Lodge also ordered Ebel to forfeit a computer and an external hard drive used in the commission of the charged offenses. As a result of his conviction, Ebel will be required to register as a sex offender.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, with assistance from the Boise Police Department and the Ada County Sheriff's Office, and 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.”
Baltimore Man Exiled to 10 Years in Federal Prison for Illegal Possession of a Firearm by a Previously Convicted FelonRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced James Kingsborough, age 26, of Baltimore, Maryland, today to 10 years in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm. Kingsborough was convicted by a federal jury on June 22, 2016.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore Police Commissioner Kevin Davis; and Baltimore City State’s Attorney Marilyn Mosby.
According to the evidence presented at the two-day trial, on June 17, 2015, at approximately 11:25 a.m., Baltimore Police officers saw Kingsborough bent over at the waist appearing to be injured. The officers approached Kingsborough inquiring if he was “OK.” Kingsborough responded he was “on the box,” meaning he had on an electronic monitoring device. Kingsborough departed abruptly and walked across the intersection of North Franklintown Road and West Franklin Street. As he walked, the officers saw him adjusting his waistband and altering his gait in a manner suggesting he had a firearm. Kingsborough went into a nearby barber shop and an officer followed him inside. Kingsborough turned around, grabbed his right midsection, and walked towards the officer. The officer instructed Kingsborough to show his hands, but Kingsborough refused. The officer attempted to grab Kingsborough, who shifted out of the officer’s grasp, but the officer was able to grab the back of Kingsborough’s shirt as he squirmed past the officer. Kingsborough and officer struggled through the shop’s front door and the second officer approached them. A firearm dropped from Kingsborough’s waistband onto the ground and Kingsborough and the second officer began struggling. The first officer, fearing for the safety of his fellow officer, deployed his Taser. The officers arrested Kingsborough and recovered the firearm, a .380 caliber handgun, loaded with .380 hollow point rounds.
Kingsborough is prohibited from possessing a firearm or ammunition as a result of four previous felony convictions, including a conviction for attempted second degree murder. This offense occurred less than five months after Kingsborough’s release from prison on that conviction.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys David Metcalf and John W. Sippel, Jr. who prosecuted the case.