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14 November 2016
North Carolina Tax Return Preparer Sentenced to Prison for Preparing and Filing False Tax Returns with the IRSRead the Press Release
WASHINGTON – A Guilford County, North Carolina resident was sentenced to serve 18 months in prison today for aiding and assisting in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Ripley Rand of the Middle District of North Carolina.
Marvin Flythe admitted that he ran “TAXHOVA,” a tax preparation business in Greensboro, and maintained a YouTube video channel on which he advertised TAXHOVA. Between January 2012 and January 2015, Flythe prepared and filed numerous individual income tax returns for clients on which he reported false business losses and false unreimbursed employee business expenses. Flythe admitted to filing at least 36 false returns for clients, for which $130,949 in fraudulent refunds were paid. Flythe also admitted to filing false personal returns which underreported his income for tax years 2011, 2012 and 2013 and failing to file his 2014 return.
Flythe pleaded guilty in August to four counts of preparing false individual income tax returns for clients. In addition to the term of prison imposed, Flythe was ordered to serve one year of supervised release and to pay restitution in the amount of $105,128.04 to the Internal Revenue Service (IRS).
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of IRS-Criminal Investigation, who conducted the investigation and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand Ramaswamy of the Middle District of North Carolina, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
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Non-Profit Head Ordered to Prison in Fraud SchemeRead the Press Release
HOUSTON – A local minister and head of several area non-profit organizations has been ordered to federal prison for fraud in connection with a natural disaster, announced U.S. Attorney Kenneth Magidson. Jesse Dunn, 58, of Houston, pleaded guilty March 17, 2016.
Today, U.S. District Judge Lynn Hughes, who accepted the guilty plea, handed Dunn a 66-month sentence. He was further ordered to pay $1,305,800 in restitution to the Small Business Administration (SBA). Dunn will also be required to serve a term of five years of supervised release following completion of the prison term.
From about September 2008 to about December 2010, Dunn falsified numerous documents to the SBA in order to receive disaster relief funds. Hurricane Ike made landfall on Sept. 13, 2008. Shortly thereafter, Dunn applied for an SBA loan on two of his properties for disaster relief funds for his non-profit organization the Aldine Community Care Center. The SBA disbursed a total of $1,300,800 to him in order to fix his properties. Several of those disbursements were based on fictitious documents and/or invoices that he had submitted. A great deal of the money was used for his own personal use, such as numerous gambling trips. To this day, the SBA is still owed the outstanding amount from Dunn.
Dunn was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The SBA and the FBI conducted the investigation. Assistant U.S. Attorneys Suzanne Elmilady and Andrew Leuchtmann are prosecuting the case.
Nine Southwest Missouri Residents Indicted for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that nine southwest Missouri residents have been indicted by a federal grand jury in relation to a conspiracy to distribute methamphetamine in Jasper County, Mo.
Donald B. Loomis, 34, Katherine A. Stein, 26, Torrey L. Nigro, 25, Brice J. Bresee, 36, and Kelly C. Walker, 25, all of Joplin, Mo.; Alisha D. Courtney, 46, and Terrance E. Romero, 41, both of Webb City, Mo.; Adrian K. Gire, 30, of Lamar, Mo.; and Lisa M. Allison, 38, of Neosho, Mo., were charged in a 16-count indictment returned under seal on Nov. 2, 2016. That indictment has been unsealed and made public following the arrests and initial court appearances of the defendants.
The federal indictment alleges that Loomis, Stein, Walker, Courtney and Romero participated in a conspiracy to distribute 500 grams or more of methamphetamine in Jasper County from March 1, 2015, to Sept. 24, 2016.
The indictment also alleges that Stein, Nigro, Bresee and Gire participated in a conspiracy to distribute 50 grams or more of methamphetamine in Jasper County from May 10 to May 12, 2016.
In addition to the conspiracies, the indictment charges Stein, Nigro, Bresee and Gire together in one count of distributing 50 grams or more of methamphetamine and in one count of using cell phones to facilitate the drug-trafficking conspiracy.
Romero is also charged with one count of possessing a firearm in furtherance of a drug-trafficking crime and one count of being a felon in possession of a firearm. Romero allegedly was in possession of an F.I.E. Corp. Titan .25-caliber handgun on June 1, 2016.
Courtney is also charged with four counts of distributing methamphetamine.
Walker is also charged with one count of distributing methamphetamine and one count of possessing methamphetamine with the intent to distribute.
Stein and Allison (who is not charged in either of the drug-trafficking conspiracies) are charged together in one count of distributing methamphetamine and in one count of using a cell phone to facilitate a drug-trafficking conspiracy.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Ozarks Drug Enforcement Team, the Joplin, Mo., Police Department, the Webb City, Mo., Police Department, the Newton County, Mo., Sheriff’s Department, the Jasper County, Mo., Sheriff’s Department, the Jasper County, Mo., Prosecuting Attorney’s Office and the Newton County, Mo., Prosecuting Attorney’s Office.
New Haven Man Sentenced to 3 Years in Prison for Federal Assault and Crack Distribution OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROBERT HARRIS, also known as “Skully Mack,” 20, of New Haven, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 36 months of imprisonment, followed by 6 years in supervised release, for gang-related assault and drug distribution offenses.
According to court documents and statements made in court, HARRIS was a member of the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang that operated in New Haven from 2011 through 2015, which was engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies. On December 23, 2014, HARRIS and another RSGB member, Christopher Graham, a.k.a. “Ugg,” committed a violent assault of an individual over a .40 caliber pistol that the victim allegedly stole from him. Graham had called HARRIS to the scene after realizing the victim had stolen the gun. Shortly after HARRIS arrived, the victim showed them where he had hidden the gun. HARRIS then retrieved the gun and pistol whipped the victim with it.
In addition, in June 2014, HARRIS sold approximately 10 grams of crack cocaine to an individual working with law enforcement.
On September 30, 2015, a federal grand jury in New Haven returned a 34-count indictment charging HARRIS, Graham and four other individuals with various racketeering, violent crimes in aid of racketeering, firearms, money laundering and narcotics distribution offenses. Other RSGB members and associates have been charged and convicted separately in state and federal courts in Connecticut and Maine.
HARRIS has been detained since his arrest on October 1, 2015. On February 3, 2016, he pleaded guilty to one count of assault in aid of racketeering and one count of possession with the intent to distribute crack cocaine.
Graham pleaded guilty to one count of assault in aid of racketeering and one count of possession with the intent to distribute crack. On August 24, 2016, he was sentenced to 66 months of imprisonment and five years of supervised release.
This ongoing investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department. The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.
An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted in the District of Connecticut by Assistant U.S. Attorneys Robert M. Spector and Peter D. Markle. A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.
Meriden Construction Company Fined $250K for Filing False Tax ReturnRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that U.S. District Judge Stefan R. Underhill today ordered Meriden-based SRC CONSTRUCTION, INC. to pay a $250,000 fine for filing a false tax return.
According to court documents and statements made in court, SRC CONSTRUCTION, a real estate development and construction management firm, employed an internal accounting department that handled the general ledger, journal entries and bank accounts for the business, including the receipt and payment of invoices. At least one individual employed by the company was responsible for overseeing and coordinating the business and financial matters for the company’s owner. That individual and others under the individual’s control reviewed payments made by the company to employees, vendors and others, and directed how the items should be expensed. The individual instructed others that most, if not all, invoices be paid out of company funds, including a series of expenses that the individual knew were not deductible business expenses. The individual, who also was responsible for providing to the company’s outside accountants all information to prepare audited financial statements and tax returns, knowingly provided to the accountants a substantial number of non-deductible expenses knowing that they were non-business expenses.
In February 2006, SRC CONSTRUCTION willfully made and subscribed a false corporate tax return, a 2004 Form 1120 for the fiscal year ending April 30, 2005, that overstated expenses. As a result, for the 2004 tax year, the company failed to report corporate income totaling $296,642, resulting in tax loss of $112,609.
On July 15, 2016, SRC CONSTRUCTION pleaded guilty to one count of filing a false tax return.
SRC CONSTRUCTION has paid the $250,000 fine, as well as the identified back taxes due of $112,609. The company also itemized for the court the various accounting and other internal changes made as a result of the investigation that are intended to ensure future tax and accounting compliance.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorneys Christopher Schmeisser and Jennifer Laraia.
Men Convicted at Trial for Interfering with a Flight Crew are SentencedRead the Press Release
AMARILLO, Texas — Two men who were convicted after an eight-day trial in June 2016 on the felony offense of interference with a flight crew and aiding and abetting were sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.
Jonathan Khalid Petras, 21, was sentenced by U.S. District Judge Sidney A. Fitzwater to seven months in federal prison, and Wisam Imad Shaker, 23, was sentenced to five months in federal prison. Judge Fitzwater also ordered them to pay $6,890 in restitution, jointly and severally. They must surrender to the Bureau of Prisons on January 3, 2017.
At trial, the government presented evidence that on August 31, 2015, the defendants, both residents of the San Diego area, were aboard Southwest Airlines flight 1522, from San Diego to Chicago. During that flight, the defendants, who were sitting together in two adjacent rows, repeatedly failed to comply with safety instructions, were loud and disruptive, screamed profanities at flight attendants when they were denied alcohol, and some of the men lunged and made other aggressive movements toward the flight attendants.
The flight was diverted to Rick Husband International Airport in Amarillo so law enforcement could remove the defendants from the flight.
The FBI, the Amarillo Police Department and the Rick Husband International Airport Police investigated the case. Assistant U.S. Attorneys Mark Penley, Joshua Frausto and Amy Burch prosecuted the case.
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Mansfield man indicted on child pornography chargesRead the Press Release
A Mansfield man was indicted in federal court on child pornography charges, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Mitchell A. Owens, 29, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct.
Owens knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce. This took place between August and September 2016, according to the indictment.
The indictment also charges that on or about October 11, 2016, Owens possessed a computer hard drive which contained child pornography.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan following an investigation by the Federal Bureau of Investigation, the Mansfield Police Department and the Canton Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Luzerne County Man Pleads Guilty to Large Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Omar Bell, age 33, of Wilkes-Barre, pleaded guilty on November 10, 2016, before Senior U.S. District Court Judge James M. Munley in Scranton to conspiring with others to distribute large amounts of heroin during February through November 2014.
According to United States Attorney Bruce D. Brandler, Bell admitted to regularly obtaining multiple bricks of heroin from Desmond Mercer and his associates and distributing that heroin to customers in Luzerne County. Bell admitted to distributing between 100 and 400 grams of heroin, which is equivalent to between 4,000 and 16,000 retail bags of heroin.
Mercer, the leader of the drug operation, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. Another member of the conspiracy, Antuan Jamison, was sentenced to five years in prison.
Judge Munley scheduled Bell’s sentencing for February 9, 2017. Bell faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Luzerne County District Attorney’s Office, and Kingston Police Department. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 40 years in prison, 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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Louisville man charged in child pornography caseRead the Press Release
New Albany—United States Attorney Josh J. Minkler announced today charges against a Louisville, Ky., man for knowing receipt of child pornography, possession with intent to view child pornography, possession of a computer containing child pornography and destruction of evidence in a federal investigation. Adrian Grisanti, 44, was arrested this morning on the charges.
“Protecting the most vulnerable of our society is a responsibility I take personally and remains a high priority in this office,” said Minkler. “Every time child pornography is viewed on the internet it revictimizes a child.”
According to the indictment, in February 2015, the FBI took over a website that contained a network of users who posted and accessed child pornography via hidden network services not readily available to the internet community. Grisanti is alleged to have utilized the website to receive and access files containing child pornography.
According to Assistant United States Attorney Bradley P. Shepard who is prosecuting this case for the government, Grisanti could face a minimum of five years up to 20 years’ imprisonment for knowing receipt of child pornography, and up to 10 years for each count of accessing with intent to view child pornography, up to 20 years for possession of child pornography, and up to 20 years for destruction of evidence if convicted.
An indictment is only charge and not evidence of guilt. All parties are presumed innocent until proven otherwise in federal court.
Last of 17 Defendants Sentenced in Web-Based Steroid Trafficking OperationRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Robert Gonzalez (41, Orlando) to 18 months in federal prison for conspiracy to manufacture, distribute, and possess with the intent to distribute anabolic steroids, and for violating his supervised release on a previous federal conviction. Gonzalez, who was found guilty by a federal jury on August 19, 2016, was the last of 17 defendants to be sentenced for his role in the operation of an Internet-based anabolic steroid trafficking ring that operated out of Central Florida.
According to court documents, the steroid drug trafficking conspiracy operated from 2012 to 2014. Its members were responsible for shipping illegal steroids throughout the United States and internationally. The members of the conspiracy played various roles in the operation of the Internet-based, steroid trafficking operation - some as organizers, others as manufacturers and shippers, some who sent money to China for the purchase of raw steroids, and some who picked up the proceeds of the steroid sales. The group sold all types of illegal steroids, including oral capsules and oil-based injectable steroids. The orders were made through web sites maintained in foreign countries, and the steroids were processed and sent to customers from Central Florida via United States Mail.
In October 2016, David Arroyo, the leader of the steroid trafficking ring, was sentenced to five years in federal prison. Fifteen others previously pleaded guilty and have been sentenced for their roles in this case. One other, Steven Groden, was also found guilty by a federal jury.
This case was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
The following individuals were previously convicted and sentenced for their respective roles in the conspiracy:
Vincent Sperti, 37, Lake Mary
John Walker, 42, Lake Mary
Jeffrey Berrios, 44, Lake Mary
Hunter Rawls, 37, Heathrow
Jeffrey Walker, 23, Lake Mary
Jason Bergstresser, 27, Longwood
Christopher Eaddy, 44, Winter Springs
Allison Eaddy, 33, Winter Springs
John Erber, 42, Lake Mary
Brea Tato, 41, Lake Mary
Guillermo Otero, 32, Deltona
David Centeno, 30, Sanford
Melissa Sperti, 34, Lake Mary
Eric Boccard, 42, Mount Dora
Kentucky man pleads guilty to federal gun and drug chargesRead the Press Release
HUNTINGTON, W.Va. – A Kentucky man pleaded guilty today to federal gun and drug charges, announced United States Attorney Carol Casto. Marques Stephon Dawson, 31, entered his guilty plea to being a felon in possession of a firearm and possession with intent to distribute crack, cocaine, and marijuana.
On August 30, 2016, deputies with the Cabell County Sheriff’s Department executed a search warrant at 1030 21st Street in Huntington. Deputies previously utilized a confidential informant to make multiple controlled purchases of cocaine from Dawson at the residence. During the search, deputies located Dawson inside the residence. Deputies also seized approximately 17 grams of crack cocaine, approximately 137 grams of cocaine, approximately 555 grams of marijuana, digital scales, $1,372 in cash, and a Raven Arms, MP-25, .25 caliber pistol. Dawson was arrested and admitted to selling drugs from the residence from at least May of 2016 because he “needed extra money.” Dawson was prohibited from possessing any firearm under federal law because of a 2013 felony conviction in federal court in Kentucky for possession with intent to distribute crack.
Dawson faces up to 20 years in federal prison for the drug crime and up to 10 years in federal prison for the gun crime for a total of up to 30 years. He is scheduled to be sentenced on February 13, 2017.
The Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before Chief United States District Judge Robert C. Chambers.
This prosecution was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime. This prosecution was also brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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KC Man Pleads Guilty to Producing Child Porn, Faces at Least 15 Years in PrisonRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man pleaded guilty in federal court today to using a two-year-old victim to produce child pornography.
Conner Michael Webb, 28, of Kansas City, pleaded guilty before U.S. District Judge Howard F. Sachs to one count of producing child pornography.
According to today’s plea agreement, the subject of an ongoing federal investigation and prosecution for child pornography in the District of Kansas was arrested in November 2015. Federal agents searched his computer and cell phone and found numerous chat conversations with Webb. During one of those conversations, the Kansas subject (who is not identified in court documents) sent Webb several images and videos of child pornography. Webb sent a pornographic video of the victim, taken with his cell phone, to the Kansas subject.
On Oct. 15, 2015, Webb asked the Kansas Subject to send him something to “get me in the mood” before he picked up the 2-year-old victim, identified in court documents as “Jane Doe.” The Kansas subject sent Webb several images and videos of child pornography on his cell phone. On the afternoon of the same day, Webb sent a pornographic video he had just taken of Jane Doe to the Kansas subject’s cell phone.
A federal search warrant was executed at Webb’s residence on Dec. 2, 2015. Officers seized Webb’s computers, phones and computer media. Webb, who was at home during the search, was arrested.
Webb admitted that he been communicating with the Kansas subject for approximately six years.
Under federal statutes, Webb is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Teresa Moore. It was investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Justice Department Reaches Agreement with City of Yonkers, New York, to Enhance Police Department Policies and ProceduresRead the Press Release
The Justice Department announced today that it has reached an agreement with the city of Yonkers, New York, and the Yonkers Police Department (YPD) to resolve the department’s investigation of YPD and ensure constitutional policing.
The agreement is the result of the department’s investigation of YPD under the Violent Crime Control and Law Enforcement Act of 1994 and the Omnibus Crime Control and Safe Streets Act of 1968. In June 2009, the United States sent the city a technical assistance letter that identified necessary reforms to YPD practices and policies in the areas of use of force, civilian complaints, investigations, supervisory oversight and training. After receiving the department’s technical assistance letter, the city and YPD made substantial changes to its policies and procedures. This agreement implements and further improves those policies and procedures and addresses the department’s remaining concerns.
“This agreement will ensure that the Yonkers Police Department continues to advance constitutional, effective and community-oriented policing,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Through clear policy guidance, data analysis and accountability systems, we believe these reforms will make the entire community safer and strengthen public trust in the police.”
“This agreement ensures that the Yonkers Police Department polices in a way that keeps its citizens safe, while protecting their constitutional rights,” said U.S. Attorney Preet Bharara of the Southern District of New York. “The measures put in place with this agreement, including clear and reasonable use-of-force policies and guidance on how to properly evaluate and respond to use-of-force incidents, will make Yonkers safer for citizens and police alike. We thank the Yonkers Police Department and the city of Yonkers for cooperating with our investigation, and for joining our effort to ensure that the Yonkers Police Department protects its citizens not only from physical harm, but also from violations of their constitutional rights.”
The agreement is carefully tailored to address the department’s remaining concerns while also taking into account and seeking to build upon the positive reforms YPD has already made following the department’s investigation. Under the agreement, the YPD will, among other things:
- maintain and implement clear policies to avoid using excessive and unreasonable force and timely document and review uses of force;
- maintain and implement clear and appropriate policies on investigatory stops and detentions, as well as searches and arrests;
- develop a system to collect data on all investigatory stops and searches, except stops purely for traffic enforcement, whether or not they result in an arrest or issuance of a citation;
- permit onlookers or bystanders to witness, observe, record and/or comment on officer conduct, including stops, detentions, searches, arrests or uses of force, consistent with applicable law and best practices;
- ensure the transparency and accessibility of the misconduct complaint process and investigate all misconduct complaints fully and fairly;
- continue to develop and implement a computerized risk management system to identify and respond to potentially problematic incidents, officers, units, training and tactics;
- continue to maintain and build community relationships and engage constructively with the community to ensure collaborative problem-solving efforts and to increase community confidence in the department;
- develop a survey to measure officer outreach to a cross-section of community members in each precinct, with an emphasis on community partnerships and problem-solving strategies that build mutual respect and trusting relationships with community stakeholders; and
- ensure that officers and supervisors receive appropriate levels of training in constitutional policing.
The agreement also provides that consultants retained by the department will conduct compliance reviews to ensure that YPD has implemented the measures required by the agreement and issue public reports of those compliance reviews.
This case is being handled by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office of the Southern District of New York.
Yonkers Police Department AgreementJustice Department Files Lawsuit Against Washington Potato Company and Pasco Processing Alleging Discrimination Against ImmigrantsRead the Press Release
The Justice Department filed a lawsuit today against two Washington-based companies, Washington Potato Company and Pasco Processing LLC, alleging that they violated the Immigration and Nationality Act (INA) by discriminating against immigrants during the employment eligibility verification process because of their citizenship status.
According to the complaint, from at least November 2013 until at least October 2016, Washington Potato and Pasco Processing requested specific limited documentation for the Form I-9 and/or E-Verify from non-U.S. citizen employees, but allowed U.S. citizens the flexibility to present a variety of documents. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose freely from among the valid documentation that proves their work authorization. The INA prohibits employers from discriminating by unlawfully limiting some workers’ choices based on their citizenship status.
“Federal law protects individuals with legal work authorization from facing discriminatory obstacles during employment eligibility verification,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “All people with legal employment status in the United States must receive an equal opportunity to prove they can work, regardless of their citizenship or immigration status.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php, email [email protected]; or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral for a fee, should contact OSC’s worker hotline for assistance.
Washington Potato ComplaintJackson Man Sentenced to 120 months in Prison for Hobbs Act RobberyRead the Press Release
Jackson—Jeremy Cousin, 29, of Jackson, was sentenced on November 10, 2016, by U.S. District Judge Henry T. Wingate, to 120 months in federal prison followed by three years of supervised release for an attempted Hobbs Act Robbery, announced U.S. Attorney Gregory K. Davis. Cousin was also ordered to pay a $1,500 fine.
In the morning of August 17, 2015, Cousin attempted to rob the Super Star Gas Station located at 914 Terry Road, Jackson, Mississippi. Cousin entered the store, pulled a bandana over his face, brandished a firearm and proceeded to open the door to the area behind the counter. At that moment, the store clerk opened fire and shot Cousin in the leg. After the shooting, the store clerk called 911. The 9mm handgun that was used by Cousin was recovered from the scene.
This case was investigated by the Bureau of ATF and the Jackson Police Department. It was prosecuted by Assistant U.S. Attorney Chris Wansley.
Isleta Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Felipe Lucero, 25, an enrolled member of the Isleta Pueblo who resides in Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.
Lucero was arrested on May 12, 2016, on an indictment charging him with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury. According to the indictment, Lucero committed the crimes on Dec. 27, 2015, on the Isleta Pueblo in Valencia County, N.M.
During today’s proceedings, Lucero pled guilty to assault with a dangerous weapon and admitted that on Dec. 27, 2015, he injured the victim by intentionally driving a motor vehicle into the victim.
At sentencing, Lucero faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Isleta Tribal Police Department. Assistant U.S. Attorney Joseph Spindle is prosecuting the case.
Huntington heroin dealer sentenced to over seven years in federal prison for drug crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man was sentenced today to seven and a half years in federal prison for a heroin crime, announced United States Attorney Carol Casto. Lamont Walter Haywood, 38, previously pleaded guilty to distribution of heroin.
Haywood admitted that on January 22, 2015, he sold heroin to a confidential informant working with the Huntington FBI Drug Task Force. The drug deal took place at Star Communications, located on 8th Avenue in Huntington, and was captured on video. Haywood further admitted that he was responsible for selling up to 700 grams of heroin during 2014 and 2015.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Gregory McVey is responsible for the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
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Huntington drug dealer pleads guilty to federal heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington heroin dealer pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Gerald Harris, 23, entered his guilty plea to distribution of heroin.
On March 22, 2016, Harris sold approximately 11.8 grams of heroin to a confidential informant working with the Drug Enforcement Administration Task Force. Harris met the confidential informant on Rear Monroe Avenue in Huntington to conduct the sale.
Harris faces up to 20 years in federal prison when he is sentenced on February 14, 2017.
The Drug Enforcement Administration Task Force conducted the investigation. Assistant United States Attorney Gregory McVey is handling the prosecution. The plea hearing was held before Chief United States District Judge Robert C. Chambers.
This case was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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High-Ranking Gangster Disciple Sentenced to More Than 17 Years in Federal PrisonRead the Press Release
Memphis, TN – A high-ranking member of the Gangster Disciples has been sentenced to 210 months in federal prison for felony possession and distribution of cocaine. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentence today.
According to information presented in court, Kevin Coleman aka "Booger," 34, of Covington, Tennessee, holds the rank of chief enforcer for the Covington region of the Gangster Disciples. A violent criminal organization present in more than 30 states, the Gangster Disciples are organized into different positions, including board members and governor-of-governors who each control geographic regions; governors, assistant governors, chief enforcers, and chief of security for each state or regions within the state where the Gangster Disciples are active.
Beginning in July 2014, agents with the Federal Bureau of Investigation (FBI) began investigating members of the Gangster Disciples in the Tipton County area. They later identified Coleman as the Chief Enforcer/Assistant Chief Enforcer for the Covington region.
As the Chief Enforcer, Coleman was tasked with administering punishment to members who violated gang rules. He also permitted other members to illegally possess firearms and commit violent actions when deemed necessary.
Because of his position of authority, Coleman was required to have a firearm at all times, or have another armed gang member accompany him. During the investigation, agents became aware of two instances in which Coleman ordered the physical punishment of two fellow gang members.
Law enforcement also discovered that Coleman regularly conspired with others to obtain cocaine from other high-level members of the Gangster Disciples for distribution.
On November 3, 2015, law enforcement officers conducted a knock-and-talk at Coleman’s residence. At the time, Coleman was on probation and, as part of his probation, agreed to a provision allowing law enforcement to search him or his residence without a warrant.
When Coleman came to the front door, law enforcement asked if he possessed anything illegal. He admitted to having cocaine on his kitchen table. A search was conducted on his residence and the cocaine was recovered. Agents also seized $1,100 in drug proceeds, a scale, and .45 caliber ammunition.
After waiving his Miranda rights, Coleman informed agents that he had been buying and selling cocaine since around 2011. He admitted to purchasing ounce quantities of cocaine once a week for distribution.
In June 2016, Coleman proceeded to trial. However, after the government presented their first witness, he pleaded guilty before U.S. District Judge Samuel H. Mays Jr. to one count of unlawfully possessing with the intent to distribute and distributing more than 500 grams of cocaine.
On Monday, November 14, Judge Mays sentenced Coleman to 210 months in federal prison.
This case was investigated by the Federal Bureau of Investigation, 25th Judicial District Attorney General’s Office, and the Tipton County Sheriffs Office.
Special Assistant U.S. Attorney Samuel Stringfellow prosecuted this case on the government’s behalf.
Hartford Man Sentenced to 10 Years in Federal Prison for Sex Trafficking of a MinorRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROMANE ST. CHRISTOPHER McKENZIE, also known as “Wookie,” “Rude” and “Rude Boy,” 24, of Hartford, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 120 months of imprisonment, followed by five years of supervised release, for sex trafficking of a minor.
According to court documents and statements made in court, on November 18, 2014, a case worker with the Connecticut Department of Children and Families informed the Enfield Police Department that a 15-year-old girl was advertising prostitution services on Backpage.com. The advertisement listed the girl’s location as Enfield. Later that day, Enfield police contacted the number in the advertisement and engaged in a ruse negotiation to purchase the girl’s services. At the conclusion, the police were told to go to a local motel where they encountered the minor victim in a room. The room contained evidence of prostitution and was rented by McKENZIE. McKENZIE, who was present at the motel, was arrested at that time.
The investigation revealed evidence that McKENZIE knew that the minor victim was 15-years-old, that he had paid for Backpage.com advertisements on behalf of the minor victim and others, and that he trafficked the minor victim and others at motels in Enfield and Windsor Locks. The investigation included analysis of numerous text messages between McKENZIE and the minor victim, and between the minor victim and prospective prostitution clients. The investigation also revealed that McKENZIE sold crack cocaine to the minor victim.
McKENZIE has been detained since his arrest. On August 2, 2016, he pleaded guilty to one count of sex trafficking of a minor.
McKENZIE, a citizen of Jamaica, faces immigration proceedings when he is released from prison.
This matter was investigated by the Federal Bureau of Investigation and the Enfield Police Department, with the assistance of the Connecticut Department of Children and Families. The case was prosecuted by Assistant U.S. Attorneys Vanessa Richards and David Novick.
Guatemalan man charged with illegally reentering U.S.Read the Press Release
A federal grand jury returned an indictment charging a Guatemalan citizen with re-entering the United States illegally, said said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Julio Lopez-Rodriguez, 41, was found in Cleveland after being deported to Guatemala in 2003 following an aggravated felony conviction, according to the indictment.
Assistant United States Attorney Karrie D. Howard is prosecuting the case following an investigation by the United States Immigration and Custom Enforcement, Department of Homeland Security.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Gary, Indiana Couple Sentenced to Federal Prison for Robbing Bank in Carrizo SpringsRead the Press Release
In Del Rio this morning, 44-year-old Luis Gonzalez of Gary, IN, was sentenced to four years in federal prison followed by three years of supervised release for the robbery of Capital Bank of Texas in Carrizo Springs, TX, in October of last year, announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On August 2, 2016, Gonzalez’s 36–year-old common-law wife Lidia Igartua, who has familial ties to Carrizo Springs, was sentenced to 21 months in federal prison followed by three years of supervised release for her role in the robbery.
On February 25, 2016, both Gonzalez and Igartua pleaded guilty to one count of bank theft. By pleading guilty, Gonzalez admitted that he robbed Capital Bank of Texas in Carrizo Springs on October 14, 2015, by use of force, violence and/or intimidation when he produced a note to a bank teller threatening violence and the use of a firearm. Gonzalez fled the bank with $7,712.00 in U.S. Currency. By pleading guilty, Igartua admitted to planning and purchasing disguises prior to the robbery, and being a recipient of proceeds from the bank robbery.
FBI arrested Igartua on the same day as the bank robbery; Gonzalez, the day after. Both defendants have since remained in federal custody.
Subsequent to the defendants being arrested, FBI agents recovered $7,200 of the stolen funds. At sentencing, United States District Judge Alia Moses ordered that both defendants pay—joint and several—the unrecovered amount of $512.00 in restitution to Capital Bank of Texas.
This case was investigated by FBI and prosecuted by Assistant United States Attorneys Katie Griffin and Lewis Thomas.
Fresno County Felon Convicted of Illegal Possession of FirearmRead the Press Release
FRESNO, Calif. — Gary Lee Ortiz, 41, of Auberry, pleaded guilty today to being a felon in possession of a handgun with an obliterated serial number, Acting United States Attorney Phillip A. Talbert announced.
According to the plea agreement, Ortiz will pay restitution to the U.S. Forest Service for damaging public land and natural resources as a result of marijuana cultivation activities near his residence in the Mill Creek area.
According to court documents, on June 8, 2015, Ortiz possessed the firearm at his residence when law enforcement officers located a marijuana cultivation operation on Ortiz’s property and also on adjacent land in the Sierra National Forest. Law enforcement officers eradicated the plants and seized a total of four firearms. One of the firearms was a Herbert Schmidt, model E 15, .22 LR caliber revolver with the serial number obliterated. At the time, Ortiz was a convicted felon and prohibited from possessing a firearm.
Ortiz is scheduled for sentencing on March 6, 2017, by U.S. District Judge Lawrence J. O’Neil. He faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service, the Bureau of Alcohol, Tobacco Firearms and Explosives, the California Department of Fish and Wildlife, the Fresno County Sheriff’s Office, and the Fresno County Probation Department. Assistant United States Attorney Karen Escobar is prosecuting the case.
Four Southland Residents Sentenced in Scheme to DefraudRead the Press Release
LOS ANGELES – Four defendants were sentenced today in connection with a fraudulent Orange County, California, debt relief firm, the Justice Department and U.S. Postal Inspection Service announced. The defendants all worked at Nelson Gamble and Associates and Jackson Hunter Morris and Knight, companies that offered to settle credit card debts but instead took victims’ payments as undisclosed up-front fees.
“These scams take advantage of consumers already struggling with debt,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with its law enforcement partners to protect consumers from fraud, especially when they are targeted based on their financially vulnerable conditions.”
“Pretending to operate as a law firm, these defendants falsely promised hope to struggling debtors,” said United States Attorney Eileen M. Decker. “But the promises were empty as the ‘debt relief’ firm was nothing more than an advance fee scheme designed to line the pockets of the defendants.”
“We are gratified by today’s sentencing, on behalf of the many unsuspecting victims who sought financial relief, only to be further burdened by these criminals,” said Inspector in Charge Regina L. Faulkerson of Criminal Investigations, U.S. Postal Inspection Service. “We applaud the work of the Justice Department’s Consumer Protection Branch in bringing these fraudulent credit repair conspirators to justice.”
The sentences were imposed Monday by U.S. District Judge Dale Fischer. The four defendants all previously pleaded guilty for their roles in the scheme.
Jeremy Nelson, 31, of Dana Point, was sentenced to serve 87 months in prison and ordered to pay $4,225,924 in restitution. Nelson admitted to being the owner and CEO of the companies and overseeing the scheme
Elias Ponce, 30, of Santa Ana, was sentenced to serve 42 months in prison and ordered to pay $2,340,373 in restitution. Ponce worked in the “customer service” department and handled complaints.
Christopher Harati, 33, of Long Beach, was sentenced to serve 27 months in prison and ordered to pay $408,403 in restitution. Harati worked with Ponce in customer service at the companies.
Athena Maldonado, 32, of Lake Forest, was sentenced to serve one month in prison and six months home confinement and ordered to pay $130,224 in restitution. Maldonado handled complaints and held herself out as the vice president of the company’s “legal department.”
Nelson and Ponce both pleaded guilty to one count of conspiracy to commit mail and wire fraud. Harati and Maldonado pleaded guilty to a separate Information charging one count of conspiracy to commit wire fraud. A fifth defendant, John Vartanian, 57, of Newport Beach, California, pleaded guilty to conspiracy in July in connection to his role as a salesman at the companies. He is scheduled to be sentenced on Nov. 21.
Members of the conspiracy at times portrayed Nelson Gamble and Jackson Hunter as law firms or attorney-based companies. Clients were told the companies would negotiate favorable settlements with creditors. Clients made monthly payments expecting the money to go toward settlements. The conspirators instead took at least 15 percent of the total debt as company fees, with the first six months of payments going almost entirely toward undisclosed up-front fees.
The scheme ran from February 2010 to September 2012. Nelson changed the name of the company from Nelson Gamble to Jackson Hunter in 2011. Nelson and his co-conspirators told victims that Nelson Gamble had gone bankrupt and that Jackson Hunter was an unrelated company that had taken over some of the accounts. Nelson and his co-conspirators blamed past problems on Nelson Gamble and denied requests for refunds of money paid to Nelson Gamble. Some victims who previously demanded refunds accepted the explanation that Nelson Gamble was bankrupt and did not pursue complaints against Jackson Hunter.
In September 2012, the Federal Trade Commission (FTC) brought a civil case against Nelson and the companies, alleging that the defendants misrepresented debt relief services offered to consumers. (See https://www.ftc.gov/enforcement/cases-proceedings/122-3030-x120048/nelson-gamble-associates-llc-et-al). The case was settled by entry of a consent decree in August 2013.
Principal Deputy Assistant Attorney General Mizer commended the Postal Inspection Service team assigned to the Civil Division’s Consumer Protection Branch for their investigative efforts. He thanked the U.S. Attorney’s Office for the Central District of California for their contributions to the case and expressed appreciation to the FTC for referring the case to the Consumer Protection Branch. The case is being prosecuted by trial attorneys Alan Phelps and James Harlow of the Consumer Protection Branch.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Four California Residents Sentenced in Scheme to Defraud Consumers Through Debt Relief FirmsRead the Press Release
Four defendants were sentenced today in connection with a fraudulent Orange County, California, debt relief firm, the Justice Department and U.S. Postal Inspection Service announced. The defendants all worked at Nelson Gamble and Associates and Jackson Hunter Morris and Knight, companies that offered to settle credit card debts but instead took victims’ payments as undisclosed up-front fees.
“These scams take advantage of consumers already struggling with debt,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with its law enforcement partners to protect consumers from fraud, especially when they are targeted based on their financially vulnerable conditions.”
“We are gratified by today’s sentencing, on behalf of the many unsuspecting victims who sought financial relief, only to be further burdened by these criminals,” said Inspector in Charge Regina L. Faulkerson of Criminal Investigations, U.S. Postal Inspection Service. “We applaud the work of the Justice Department’s Consumer Protection Branch in bringing these fraudulent credit repair conspirators to justice.”
The sentences were imposed Monday by U.S. District Court Judge Dale Fischer of the Central District of California in Los Angeles. The four defendants all previously pleaded guilty for their roles in the scheme.
Jeremy Nelson, 31, of Dana Point, California, was sentenced to serve 87 months in prison and ordered to pay $4,225,924 in restitution. Nelson admitted to being the owner and CEO of the companies and overseeing the scheme
Elias Ponce, 30, of Santa Ana, California, was sentenced to serve 42 months in prison and ordered to pay $$2,340,373 in restitution. Ponce worked in the “customer service” department and handled complaints.
Christopher Harati, 33, of Long Beach, California, was sentenced to serve 27 months in prison and ordered to pay $408,403 in restitution. Harati worked with Ponce in customer service at the companies.
Athena Maldonado, 32, of Lake Forest, California, was sentenced to serve one month in prison and six months home confinement and ordered to pay $130,224 in restitution. Maldonado handled complaints and held herself out as the vice president of the company’s “legal department.”
Nelson and Ponce both pleaded guilty to one count of conspiracy to commit mail and wire fraud. Harati and Maldonado pleaded guilty to a separate Information charging one count of conspiracy to commit wire fraud. A fifth defendant, John Vartanian, 57, of Newport Beach, California, pleaded guilty to conspiracy in July in connection to his role as a salesman at the companies. He is scheduled to be sentenced on Nov. 21.
Members of the conspiracy at times portrayed Nelson Gamble and Jackson Hunter as law firms or attorney-based companies. Clients were told the companies would negotiate favorable settlements with creditors. Clients made monthly payments expecting the money to go toward settlements. The conspirators instead took at least 15 percent of the total debt as company fees, with the first six months of payments going almost entirely toward undisclosed up-front fees.
The scheme ran from February 2010 to September 2012. Nelson changed the name of the company from Nelson Gamble to Jackson Hunter in 2011. Nelson and his co-conspirators told victims that Nelson Gamble had gone bankrupt and that Jackson Hunter was an unrelated company that had taken over some of the accounts. Nelson and his co-conspirators blamed past problems on Nelson Gamble and denied requests for refunds of money paid to Nelson Gamble. Some victims who previously demanded refunds accepted the explanation that Nelson Gamble was bankrupt and did not pursue complaints against Jackson Hunter.
In September 2012, the Federal Trade Commission (FTC) brought a civil case against Nelson and the companies, alleging that the defendants misrepresented debt relief services offered to consumers. (See https://www.ftc.gov/enforcement/cases-proceedings/122-3030-x120048/nelson-gamble-associates-llc-et-al). The case was settled by entry of a consent decree in August 2013.
Principal Deputy Assistant Attorney General Mizer commended the Postal Inspection Service team assigned to the Civil Division’s Consumer Protection Branch for their investigative efforts. He thanked the U.S. Attorney’s Office for the Central District of California for their contributions to the case and expressed appreciation to the FTC for referring the case to the Consumer Protection Branch. The case is being prosecuted by trial attorneys Alan Phelps and James Harlow of the Consumer Protection Branch.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Former KC Postal Carrier Pleads Guilty to Conspiracy to Distribute PCP Through the MailRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Kansas City, Mo., postal carrier pleaded guilty in federal court today for her role in a conspiracy to distribute multi-kilogram quantities of PCP through the mail.
Carol Barfield, 65, pleaded guilty before U.S. District Judge Howard F. Sachs to the her role in the drug-trafficking conspiracy. Co-defendant Michael Garrett, 57, of Victorville, Calif., pleaded guilty on Sept. 1, 2016, to his role in the conspiracy and to using a telephone to distribute PCP.
Barfield and Garrett participated in a conspiracy to distribute PCP from Nov. 2, 2015, to March 4, 2016. Garrett mailed bottles of PCP from California to separate addresses on Barfield’s Kansas City, Mo., postal route. Barfield, at Garrett’s instruction, would then deliver the packages to their intended recipients rather than to the false addresses provided on the labeling.
According to today’s plea agreement, Garrett mailed a total of 15 parcels to separate addresses on Barfield’s carrier route from Nov. 2 to Dec. 16, 2015. Each of the parcels weighed in excess of 10 pounds. Barfield scanned all of the suspicious mailings as “delivered” on her route.
During the approximate time period these suspicious packages were being delivered, there were numerous phone calls between Barfield and Garrett, including several phone calls on the mailing and the delivery dates of all the suspicious packages.
On March 1, 2016, surveillance video identified Garrett mailing four parcels at the Victorville post office. The four parcels, which listed a false name and address for the sender, were mailed to separate addresses on Barfield’s postal route, but were addressed to individuals who did not reside at those addresses. On March 4, 2016, federal agents set up surveillance on Barfield’s postal route. Barfield loaded the parcels into her postal vehicle. She scanned the first parcel as delivered, but she did not actually deliver the parcel.
Barfield became suspicious that she might be under surveillance, according to the plea agreement, so she scanned another parcel as undeliverable. Barfield delivered one of the parcels as addressed and left it at the front steps of the residence. However, shortly after delivery, the actual homeowner arrived. Noticing he was not the listed recipient on the package, the homeowner picked up the package and, upon finding Barfield still in the neighborhood, returned it to her. For the last parcel, Barfield scanned the package as “no secure location” and left a delivery notice receipt at the listed address. Barfield subsequently rescanned the first parcel as “undeliverable as addressed,” returning all four packages to the post office.
Agents opened the suspicious parcels, which each contained two 64-ounce plastic Welch’s Grape Juice bottles of PCP. The total weight of the liquid from the eight bottles was approximately 13.45 kilograms.
Barfield told investigators that Garrett had mailed packages to her route five or six different times, and that it was usually three packages each time. Barfield stated that on some occasions Garrett would fly into Kansas City after mailing the packages and she would hand them directly to him. Other times, she would give them to an acquaintance of Garrett. If she did not give the packages to Garrett or his acquaintance, she would leave them at the address on the package, knowing Garrett or one of his people would come by and pick it up.
Barfield told investigators that, in exchange, Garrett bought her clothes, fixed her car, and provided her with spending money. She stated Garrett basically took care of her and gave her money to help out. Barfield said that the most money Garrett gave her at one time was $500, but she did not know how much total cash she had received from him.
Under federal statutes, Barfield is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Justin G. Davids. It was investigated by the U.S. Postal Inspection Service and the Drug Enforcement Administration.
Former High-Ranking Louisiana Army National Guardsman Indicted on Fraud and False Statements ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RANDY M. KILEY, SR., 63, of Slidell, a former Sergeant Major in the Louisiana Army National Guard, was charged Thursday, November 10th, with wire fraud and making false statements in furtherance of an alleged scheme to defraud the United States Department of Defense.
According to the Indictment, KILEY devised a scheme to defraud the U.S. Department of Defense by misrepresenting his marital status to receive increased Basic Allowance for Housing and Family Separation Allowance pay. In furtherance of his scheme, KILEY knowingly submitted false documents.
The Indictment alleges that in or about July 2005, KILEY and his former spouse divorced, and KILEY failed to immediately notify officials at the Louisiana Army National Guard of the change in his marital status as required. The Indictment also alleges that between in or about July 2005 through in or about July 2014, KILEY submitted four forms requesting Basic Allowance for Housing and Family Separation Allowance pay and falsely claimed that he was either married or not divorced. Based on these misrepresentations, which KILEY knew to be false at the time, he received more Basic Allowance for Housing and Family Separation Allowance pay than he was entitled.
KILEY faces a possible maximum sentence of twenty years of imprisonment, a $250,000 fine, and/or five years of supervised release.
U. S. Attorney Kenneth Allen Polite, Jr. reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service in investigating this matter. Assistant U.S. Attorney Marquest J. Meeks is in charge of the prosecution.
Former Fresno Business CFO Sentenced to over 5 Years in Prison for Embezzlement and Money LaunderingRead the Press Release
Fresno, Calif. —Anthony Lester, 53, of Fresno, was sentenced today by U.S. District Judge Dale A. Drozd to five years and four months for mail fraud and money laundering in connection with his embezzlement of $306,000 from a Fresno business, Acting U.S. Attorney Phillip A. Talbert announced.
On August 19, 2016, after a four-day trial, a jury found Lester guilty on all seven counts charged in the indictment. According to evidence at trial, between August 2010 and January 2012, Lester embezzled and stole money from his former employer. While an employee at Century Builders and Highlands Energy Services, he held supervising positions in the accounting department, including Chief Financial Officer. In those capacities, Lester had responsibilities regarding management of the companies’ finances and financial transactions and had access to and control over some of the companies’ checking accounts and credit cards. Lester used this access to defraud the companies. He also attempted to frame his predecessor and other employees of the companies by falsely associating them with the PayPal accounts.
According to court documents, Lester transferred money from one of the companies’ checking accounts into what purported to be the companies’ PayPal account. Then he transferred the money to one of his own personal PayPal accounts. Additionally, he transferred money from two of the companies’ credit cards to his personal PayPal account. Thereafter, he attempted to launder the proceeds of his fraudulent scheme and conceal his embezzlement by transferring money from his personal PayPal account to his personal bank accounts. None of these transactions were authorized by the companies, and none were for legitimate business purposes of the companies. In total, Lester embezzled approximately $306,000 from his former employer.
“Financial crimes are a concern in every type and size of business, and sadly it often involves the most trusted individuals,” said Ryan L. Spradlin, special agent in charge of HSI San Francisco. “The crimes not only rob businesses of vital revenue, but they also undermine the trust of employees and customers alike.”
In addition to prison sentence, Lester was ordered to pay $306,319 in restitution to the companies.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Fresno Police Department. Assistant United States Attorneys Patrick R. Delahunty and Patrick J. Suter prosecuted the case.
Former Federal Contract Employee Pleads Guilty to Falsifying Timesheets at Two AgenciesRead the Press Release
WASHINGTON – Daniel J. Glauber, who worked as a federal contract employee, pled guilty today to a charge of making a false statement for falsifying timesheets while working at two separate federal agencies, announced U.S. Attorney Channing D. Phillips, Norbert E. Vint, Deputy Inspector General for the Office of Personnel Management (OPM), and Russell Decker, Acting Inspector General of the National Security Agency (NSA).
Glauber, 44, who now resides in Fort Worth, Texas, pled guilty in the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of six to 12 months of incarceration and a fine of up to $20,000. The plea agreement calls for him to pay $70,646 in restitution. The Honorable Richard J. Leon scheduled sentencing for Feb. 17, 2017.
According to the government’s evidence, Glauber was hired in April 2012, under contract, as a systems administrator at OPM. He was required to perform his duties on-site and work a standard 40-hour work week. Additionally, and unbeknownst to OPM, in May of 2012, he was hired as a subcontractor to work at NSA on computer systems. Here, too, his duties called for him to work a standard 40-hour work week and on-site.
From May through August of 2012, Glauber worked at both OPM and NSA, but neither agency was aware that he was working for the other. OPM’s Office of the Inspector General reviewed building access reports and confirmed that Glauber billed 323.75 hours for the time period ranging from May through August 2012 in which he was not actually present at his work site. He was paid $43,706 for these hours, and subsequently was terminated by OPM. However, it was only after his termination that OPM learned of the other employment at NSA.
NSA investigators later reviewed building records and uncovered a discrepancy of 269.5 hours in which Glauber had submitted timesheets for hours in which he did not work on-site. He was paid $26,940 for these hours.
In announcing the plea, U.S. Attorney Phillips, Deputy Inspector General Vint, and Acting Inspector General Decker commended the work of Special Agent Christopher Sulhoff, OPM, Office of the Inspector General, and the investigators who worked on the case from the National Security Agency, Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kaitlyn Krueger, Christopher Toms, and Jessica Mundi, and Assistant U.S. Attorney Teresa A. Howie, who is prosecuting the case.
Former Bibb County Bank President Charged with Bank Fraud for Creating Fraudulent Loans for HimselfRead the Press Release
BIRMINGHAM –Federal prosecutors today charged a former Bibb County bank president with bank fraud for issuing 31 fraudulent loans in the names of other people or businesses and using the proceeds for himself, announced U.S. Attorney Joyce White Vance and the U.S. Secret Service Special Agent in Charge Michael Williams.
The U.S. Attorney’s Office filed a 31-count information in U.S. District Court charging JOHN KEVIN VANN, 55, of Tuscaloosa, with devising a scheme to defraud his employer, BankTrust Bank, which became Trustmark National Bank, of more than $100,000 between Oct. 11, 2011, and March 7, 2014.
In a plea agreement filed in conjunction with the information, Vann agrees to plead guilty to one count of bank fraud, pay $120,774 in restitution to Trustmark National Bank, and consent to forfeit the same amount to the government as proceeds of illegal activity. Vann acknowledges in the plea agreement that he has worked in the banking industry for more than 20 years and served as the community bank president of Bibb County, or in an equivalent position, between 2011-2014. In that role, Vann had access to customer names, addresses and other personal information, and used that information to execute his fraud, according to the plea agreement.
Vann took out 31 loans from the bank using the names of other individuals or business entities without their permission, and forged bank paperwork in his capacity as community president, he acknowledges in his plea agreement. Vann redirected the proceeds of the loans to himself, to businesses he controlled, and to his creditors, according to the plea agreement.
The maximum penalty for bank fraud is 30 years in prison and a $1 million fine.
The U.S. Secret Service investigated the case, which Assistant U.S. Attorney Erica Williamson Barnes is prosecuting.
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Former Autonomy CFO Charged with Wire FraudRead the Press Release
Defendant Allegedly Defrauded Hewlett-Packard Company in the Acquisition of Autonomy for $11 Billion
A federal grand jury indicted Sushovan Hussain, 52, a citizen and resident of the United Kingdom, with conspiracy to commit wire fraud and multiple counts of wire fraud. According to the indictment filed last Nov. 10, Hussain allegedly engaged in a scheme to defraud purchasers and sellers of securities of Autonomy Corporation plc (Autonomy) and Hewlett-Packard Company about the true performance of Autonomy’s business, its financial condition and its prospects for growth.
According to the indictment, Hussain, was the former Chief Financial Officer (CFO) of Autonomy, a company incorporated in the United Kingdom. Autonomy maintained dual headquarters in San Francisco and Cambridge. In 2010, about 68 percent of Autonomy’s reported revenues came from the United States and other countries in the Americas.
The case involves the acquisition by Palo Alto-based Hewlett-Packard Company and Hewlett-Packard Vision B.V., a wholly-owned subsidiary of HP (collectively HP), of Autonomy. On Aug. 18, 2011, HP entered into an offer agreement with Autonomy and publicly announced its offer to acquire Autonomy for approximately $11 billion. On Oct. 3, 2011, HP’s acquisition of Autonomy closed and HP acquired control of Autonomy.
According to the indictment, between 2009 and 2011, Hussain artificially inflated Autonomy’s revenues by backdating written agreements to record revenue in prior periods; recorded revenue on contracts that were subject to side letters or other contingencies that impacted revenue recognition; improperly recorded revenue for reciprocal or roundtrip transactions; and made false and misleading statements to Autonomy’s independent auditor about transactions allegedly supporting the recognition of revenue and other items in Autonomy’s financial statements. In so doing, Hussain allegedly issued materially false and misleading quarterly and annual financial statements on behalf of Autonomy. The indictment further alleges that defendant and others provided these financial statements to HP during the time that HP was considering whether to purchase Autonomy.
In addition, the indictment alleges that Hussain caused Autonomy to make materially false and misleading statements directly to HP regarding Autonomy’s financial condition, performance and business during the negotiations between HP and Autonomy leading up to the Aug. 18, 2011, acquisition announcement. Allegedly, Hussain made false and misleading statements about the nature of Autonomy’s products, concealed Autonomy’s non-appliance hardware sales and made other false and misleading statements during HP’s “due diligence” of Autonomy. In sum, the indictment charges Hussain with one count of conspiracy to commit wire fraud and 14 counts of wire fraud.
No federal court appearance has yet been scheduled for the defendant.
An indictment merely alleges that crimes have been committed and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 20 years in prison and a fine of $250,000, plus restitution, for each count of wire fraud and for the conspiracy count. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence.
Assistant U.S. Attorneys Robert S. Leach and Adam A. Reeves are prosecuting the case with the assistance of Phillip Villanueva and Bridget Kilkenny. The prosecution is the result of a multi-year investigation involving the FBI and the U.S. Securities and Exchange Commission.
Former Autonomy CFO Charged with Wire FraudRead the Press Release
SAN FRANCISCO - A federal grand jury indicted Sushovan Hussain with conspiracy to commit wire fraud and multiple counts of wire fraud. According to the indictment filed last Thursday, November 10, 2016, Hussain allegedly engaged in a scheme to defraud purchasers and sellers of securities of Autonomy Corporation plc (“Autonomy”) and Hewlett-Packard Company about the true performance of Autonomy’s business, its financial condition, and its prospects for growth.
According to the indictment, Hussain, 52, a citizen and resident of the United Kingdom, was the former Chief Financial Officer (CFO) of Autonomy, a company incorporated in the United Kingdom. Autonomy maintained dual headquarters in San Francisco and Cambridge. In 2010, about 68% of Autonomy’s reported revenues came from the United States and other countries in the Americas.
The case involves the acquisition by Palo Alto-based Hewlett-Packard Company and Hewlett-Packard Vision B.V., a wholly-owned subsidiary of HP (collectively HP), of Autonomy. On August 18, 2011, HP entered into an Offer Agreement with Autonomy and publicly announced its offer to acquire Autonomy for approximately $11 billion. On October 3, 2011, HP’s acquisition of Autonomy closed and HP acquired control of Autonomy.
According to the Indictment, between 2009 and 2011, Hussain artificially inflated Autonomy’s revenues by backdating written agreements to record revenue in prior periods; recorded revenue on contracts that were subject to side letters or other contingencies that impacted revenue recognition; improperly recorded revenue for reciprocal or roundtrip transactions; and made false and misleading statements to Autonomy’s independent auditor about transactions allegedly supporting the recognition of revenue and other items in Autonomy’s financial statements. In so doing, Hussain allegedly issued materially false and misleading quarterly and annual financial statements on behalf of Autonomy. The indictment further alleges that defendant and others provided these financial statements to HP during the time that HP was considering whether to purchase Autonomy.
In addition, the indictment alleges that Hussain caused Autonomy to make materially false and misleading statements directly to HP regarding Autonomy’s financial condition, performance, and business during the negotiations between HP and Autonomy leading up to the August 18, 2011, acquisition announcement. Allegedly, Hussain made false and misleading statements about the nature of Autonomy’s products, concealed Autonomy’s non-appliance hardware sales, and made other false and misleading statements during HP’s “due diligence” of Autonomy. In sum, the indictment charges Hussain with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and fourteen (14) counts of wire fraud, in violation of 18 U.S.C. § 1343.
No federal court appearance has yet been scheduled for the defendant.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of twenty (20) years in prison, and a fine of $250,000, plus restitution, for each count of wire fraud and for the conspiracy count. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Robert S. Leach and Adam A. Reeves are prosecuting the case with the assistance of Phillip Villanueva and Bridget Kilkenny. The prosecution is the result of a multi-year investigation involving the FBI and the United States Securities and Exchange Commission.
Federal Jury Convicts Two Former Postal Employees in Scheme to Defraud Worker's Compensation ProgramRead the Press Release
DALLAS — Following a nearly one-week trial before U.S. District Judge Sam A. Lindsay, two former employees of the U.S. Postal Service were convicted on felony offenses stemming from their scheme to defraud the Department of Labor’s (DOL) Office of Worker’s Compensation Program (OWCP), announced U.S. Attorney John Parker of the Northern District of Texas.
McArthur Baker, 69, and Tonya Evans, 52, both of Dallas, were each convicted on one count of conspiracy to defraud the U.S. with respect to claims and one count of false statements or fraud to obtain federal employees’ compensation. The conspiracy count carries a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. The false statements or fraud count carries a maximum statutory penalty of five years in federal prison and a $250,000 fine. Both will remain on bond pending sentencing, which is set for March 6, 2017.
The government presented evidence at trial that Baker and Evans engaged in a scheme to receive kickbacks in exchange for their completion of falsified medical documentation that was used by co-conspirators to defraud DOL’s OWCP. The government presented further evidence that Baker also falsified forms related to travel he purportedly made for medical services, and as a result, received funds from DOL to which he was not entitled.
Baker began working for the U.S. Postal Service in 1982; he was assigned to work as a mail handler equipment operator. Between 1984 and 2007, Baker filed eight different claims for disability, claiming he suffered from various injuries. As a result of these claims, Baker stopped working in approximately December 2007. He never returned to work but continued to receive disability compensation from December 2007 until at least October 2009. He received more than $68,000 in worker’s compensation payments. He retired from the U.S. Postal Service in October 2009 but he continued to receive disability medical care paid for through DOL, and he continues to be eligible for disability medical care.
Evans began working for the U.S. Postal Service in November 1985; she worked as a clerk primarily with the parcel post distribution machine. She filed disability claims in August 2001, August 2003, and August 2008 claiming that she suffered from various injuries. As a result of these claims, Evans was placed on worker’s compensation in 2001. She received more than $340,000 in worker’s compensation payments. In March 2010, she applied for disability retirement that was approved in October 2011.
Convicted co-conspirator, Larry Washington, was a licensed professional counselor and ran several businesses known as AAA Mental Health, LLC, Mind Spa, Inc., Solutions Health and Rehabilitation, and Convergence Emergence Diversion. Through these businesses, Washington purportedly provided patients with counseling, pain management, chiropractic services, physical therapy, and massage services. His patients were former postal and Veterans Administration employees who had suffered on-the-job injuries and were eligible to receive medical services and worker’s compensation related to those injuries. Earlier this year, Washington pleaded guilty to one count of conspiracy to commit health care fraud and was sentenced in May 2016 to 78 months in federal prison and ordered to pay $7.7 million in restitution.
To maintain and enhance his billings with OWCP, Washington asked claimants, including Baker and Evans, to falsify medical documentation, called “mood inventories,” that indicated they had received services on days they had not. Baker and Evans completed numerous mood inventory forms that contained false information about the days on which Baker and Evans received treatment from Washington or someone working for Washington. Baker and Evans received approximately $100 for each form they completed.
Over the course of the fraud, Baker received a total of $3,000 from Washington; Evans received $6,000.
As a result of Baker’s falsified documentation, Washington was able to fraudulently bill $105,125 from OWCP. As a result of Evans’ falsified documentation, Washington was able to bill $202,438 from OWCP.
The government presented further evidence that Baker submitted falsified documentation related to travel he purportedly made to receive medical services from Washington and others. He also requested reimbursement for twice the amount of mileage he would have received had he actually received the purported services. As a result, based on fraudulent travel forms he submitted, Baker received more than $3,000.
In addition to Baker and Evans, 20 claimants, four doctors or medical providers, a senior claims examiner at DOL, a claims representative, a Postal employee detailed to the Postal Service Health Resource Management Office, and a medical provider’s employee were charged and convicted in the scheme.
In total, the defendants were able to collectively fraudulently bill the federal government through the OWCP for more than $9.5 million and receive more than $8.7 million in government payments based on their fraudulent billing. The DOL made approximately $11.4 million in payments to these claimants for their compensation and medical services.
The investigation was led by the U.S. Postal Service Office of Inspector General, and the Department of Labor Office of Inspector General, with assistance from Internal Revenue Service Criminal Investigation, U.S. Treasury Office of Inspector General, Social Security Administration Office of Inspector General/Cooperative Disability Investigations Unit, and the U.S. Department of Veterans Affairs Office of Inspector General.
Assistant U.S. Attorney P.J. Meitl and Special Assistant U.S. Attorneys Nicole Dana and Jennifer Bray are in charge of the prosecution.
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El Departamento De Justicia Interpone Demanda Contra Las Empresas Washington Potato Company Y Pasco Processing Acusándolas De Discriminación Contra InmigrantesRead the Press Release
El Departamento de Justicia interpuso hoy una demanda contra dos empresas con sede en el estado de Washington—Washington Potato Company y Pasco Processing LLC—alegando que violaron la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar contra empleados inmigrantes durante el proceso de verificación de la elegibilidad para trabajar con base en su estatus de ciudadanía.
Según la denuncia, desde al menos noviembre del 2013 hasta al menos octubre del 2016, Washington Potato y Pasco Processing solicitaron documentación limitada específica correspondiente al Formulario I-9 y/o E-Verify a los empleados que no eran ciudadanos de EE.UU., mientras le permitieron a empleados ciudadanos de EE.UU. la flexibilidad de presentar una variedad de documentos. Según INA, se debe permitir a todos los trabajadores, incluso los que no son ciudadanos de EE.UU., que elijan libremente entre la documentación válida para comprobar su autorización para trabajar. INA prohíbe que los empleadores discriminen al limitar ilícitamente las opciones que se les permite a los trabajadores con base en su estatus de ciudadanía.
"Las leyes federales protegen a las personas con autorización legal para trabajar ante los obstáculos discriminatorios durante la verificación de la elegibilidad para trabajar," dijo la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, encargada de la División de Derechos Civiles del Departamento de Justicia. "Todas las personas con estatus legal para trabajar en los Estados Unidos deben tener igualdad de oportunidades para comprobar que pueden trabajar, independientemente de su estatus de ciudadanía o estatus migratorio."
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés) es responsable de hacer cumplir la disposición antidiscriminatoria de INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus de ciudadanía y origen nacional en la contratación, despido o reclutamiento o en la recomendación de empleo por comisión; las prácticas documentales injustas; las represalias y la intimidación.
Para mayor información sobre las protecciones contra la discriminación en el empleo conforme a las leyes de inmigración, llame a la línea directa de la OSC para trabajadores al 1‑800-255-7688 (1-800-237-2515, TTY para las personas con dificultades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para las personas con dificultades auditivas); inscríbase a un seminario gratis en línea al www.justice.gov/crt/about/osc/webinars.php, correo electrónico [email protected]; o visite el sitio web de la OSC al www.justice.gov/crt/about/osc.
Los postulantes o empleados que crean que les han obligado a cumplir con requisitos documentales diferentes con base en su estatus de ciudadanía, estatus migratorio u origen nacional; o que hayan sufrido discriminación por motivos de su estatus de ciudadanía, estatus migratorio u origen nacional en la contratación, despido o reclutamiento o en la recomendación de empleo por comisión; deben comunicarse con la línea directa de la OSC para trabajadores para solicitar ayuda.
District Man Sentenced to 12 Years in Prison for Sexual Abuse of 7-Year-Old GirlRead the Press Release
WASHINGTON - A 37-year-old man from Washington, D.C. was sentenced today to 12 years in prison for sexually abusing a seven-year-old child, announced U.S. Attorney Channing D. Phillips.
The man, who is not identified here to protect the privacy of the victim, pled guilty in September 2016, in the Superior Court of the District of Columbia, to one count of attempted first-degree child sexual abuse with aggravating circumstances and one count of second-degree child sexual abuse with aggravating circumstances. He was sentenced by the Honorable José M. Lopez. Following his prison term, the man will be placed on five years of supervised release. He also must register as a sex offender for the remainder of his life.
According to the government’s evidence, the defendant moved into his girlfriend’s home in Southeast Washington around December 2015, and sexually abused her daughter on multiple occasions until he was discovered by a family member on Aug. 14, 2016. When interviewed by Metropolitan Police Department (MPD) detectives, the defendant admitted to the abuse.
In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Youth and Family Services Division. He also commended those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan, Paralegal Specialist Angelina Slagle, and Assistant U.S. Attorney Julianne Johnston, who prosecuted the case.
Detroit man sentenced to federal prison for role in heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who participated in a heroin conspiracy in 2014 was sentenced today to three years and 10 months in federal prison, announced United States Attorney Carol Casto. Rasheed T. Latham, 28, previously pleaded guilty to conspiracy to distribute heroin.
Between March and July 2014, Latham conspired with other individuals to distribute heroin in the Point Pleasant area of Mason County. During the conspiracy, Latham and others would frequently transport heroin from Columbus and Chillicothe to a residence in Gallipolis where they would store and prepare it for distribution. Members of the conspiracy would then distribute the heroin to customers in Gallipolis and to customers who traveled from Point Pleasant. Latham and others also frequently traveled to Point Pleasant where they used various residences to distribute the drugs.
The Drug Enforcement Administration Task Force, which includes the Putnam County Sheriff’s Department and the Gallia-Meigs County, Ohio, Major Crimes Task Force, conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Defendant Sentenced to 12 Months for Gun ChargeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Kalvin Johnson, 35, of Pine Hill, Alabama, was sentenced today to 12 months of imprisonment by Senior U.S. District Judge Callie V. S. Granade for being a felon in possession of a firearm. The judge ordered that Johnson undergo 3 years of supervised release upon completing his term of imprisonment, undergo substance abuse testing and treatment, and pay a $100 mandatory special assessment.
On January 8, 2014, Johnson was convicted of dog fighting, a felony offense, in Circuit Court in Jefferson County, Alabama. On September 30, 2014, Thomasville Police Department officers found Johnson in possession of a loaded Glock model 19 semiautomatic pistol, marijuana, oxymorphine, and digital scales in his truck on Highway 5 in Clarke County, Alabama. In January 2016, Johnson was indicted by a Federal Grand Jury for the Southern District of Alabama for being a felon in possession of a firearm. On August 15, 2016, Johnson pled guilty to the gun charge.
The case was investigated by the Thomasville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Dallas Woman Sentenced to 150 Months in Federal Prison on Methamphetamine ConvictionRead the Press Release
DALLAS — A Dallas woman, Manuela Esperanza Pavon, 35, was sentenced this morning by U.S. District Judge David C. Godbey to 150 months in federal prison, following her guilty plea in April 2016 to one count of conspiracy to distribute methamphetamine, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, on November 10, 2015, Pavon, who admits that her license was suspended, was stopped by the Dallas County Sheriff’s Office for a traffic violation. The deputy advised her that he was going to tow her vehicle since she did not have a valid driver license.
During an inventory of her vehicle, the deputy located a purse on the front passenger floorboard area, and he asked if it belonged to Pavon. She said that it did. Inside the purse, the deputy located a plastic bag containing a crystal-like substance that later tested positive for one kilogram of methamphetamine. Pavon admitted she possessed the methamphetamine with the intent to distribute it.
The Drug Enforcement Administration and the Dallas County Sheriff’s Office investigated the case. Assistant U.S. Attorney Phelesa Guy was in charge of the prosecution.
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Dallas Methamphetamine Traffickers SentencedRead the Press Release
DALLAS — Two Dallas men who were convicted on methamphetamine trafficking conspiracy charges were sentenced last week by Chief U.S. District Judge Barbara M. G. Lynn to lengthy federal prison terms, announced U.S. Attorney John Parker of the Northern District of Texas.
Jose Mario Chavez-Bravo, a/k/a “Rafael Lua-Maguna” and “Mickey,” 27, was sentenced to 200 months in federal prison. Rafael Hurtado, a/k/a “Rafi,” and “Ralphie,” was sentenced to 135 months in federal prison. Each pleaded guilty in May 2016 to one count of conspiracy to distribute a controlled substance.
Chavez-Bravo admitted that during the conspiracy, he possessed with the intent to distribute and/or distributed at least eight kilograms of methamphetamine. On February 9, 2015, Chavez-Bravo spoke to a male over his cell phone about turning over some drug proceeds (“about $300”) to the male. The next day, Chavez met with the male at the Texas Motel on West Davis Street in Dallas and delivered to him a box containing approximately $300,000 in cash drug proceeds. In fact, Chavez-Bravo admitted that during the conspiracy, he collected or delivered a total of $569,305 in drug proceeds.
Hurtado admitted that on several occasions during the conspiracy, he received quantities of methamphetamine from methamphetamine distributor, Tommy Rodriguez, and then distributed the drugs in exchange for payment. In fact, during the conspiracy, Hurtado possessed with the intent to distribute and/or distributed 11 kilograms of methamphetamine.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney Phelesa Guy prosecuted the case.
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DEA to Announce Comprehensive Strategy to Address Fentanyl/Heroin Abuse, Opioid Misuse, and Violent Crime in Manchester, NHRead the Press Release
Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration (DEA) New England Field Division, announced today that Manchester, New Hampshire, will be the first city in the Northeast where the DEA will implement the new, comprehensive 360 Degree Strategy to address prescription opioid misuse, heroin abuse and violent crime.
A news conference announcing Manchester’s selection as the first city in the region for the DEA strategy is scheduled for Tuesday, November 15, 2016 at 10:00 A.M. at the Manchester Boys & Girls Club, 555 Union Street, Manchester, NH 03104
Moderator Jon C. DeLena, Assistant Special Agent in Charge, DEA Manchester District Office
Speakers at the announcement include:
- Michael J. Ferguson, Special Agent in Charge, DEA New England Field Division
- Emily Gray Rice, United States Attorney, District of New Hampshire
- Joseph Foster, Attorney General, State of New Hampshire
- Ted Gatsas, Mayor of Manchester
- James Vara, Governor’s Advisor on Addiction and Behavioral Health
- Nick Willard, Chief of Police, City of Manchester
- William Goodman, MD, MPH, FCCP, Chief Medical Officer and VP Medical Affairs, Catholic Medical Center
- Mary Forsythe-Taber, Executive Director, Makin It Happen Coalition for Resilient Youth
- Tracy Bachert, Parent/Community Volunteer
The goals of the new strategy include stopping the deadly cycle of prescription opioid misuse and heroin abuse by dismantling the drug trafficking organizations and gangs fueling violence on the streets and addiction in communities. The strategy importantly includes partnerships with healthcare professionals, social service organizations and government service agencies that are best positioned to provide long-term help and support to effectuate drug-free communities.
Just some of the national and local partners that are participating in the new strategy include the U.S. Attorney’s Office District of New Hampshire, New Hampshire Attorney General Office, Manchester Police Department, Makin It Happen Coalition, Manchester Boys & Girls Club, Partnership for Drug Free New Hampshire and many others.
Members of the media wishing to attend the press conference are asked to contact DEA Public Information Officer/Special Agent Timothy Desmond by Monday, November 14, at desk (617) 557-2463.
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Compton Man Sentenced to over 13 Years in Federal Prison in Sex Trafficking Case Involving Sexual Assault of a Minor GirlRead the Press Release
LOS ANGELES – A Compton man who admitted to sex trafficking a 15-year-old girl, subjecting her to a month of sexual abuse, and advertising the victim as a prostitute was sentenced today to 160 months in federal prison.
Darrius Marques Sutton, also known as “Biz,” 26, was sentenced by United States District Judge Terry J. Hatter Jr., who said he would have imposed a longer sentence had Sutton not been sentenced previously to more than four years in state prison on related pimping charges.
“This defendant’s conduct was horrific and warranted the lengthy sentence imposed by the court today,” said United States Attorney Eileen M. Decker. “He repeatedly sexually assaulted children, and he filmed the assaults – at times laughing during the attacks. His callous behavior and willingness to sell the bodies of his young victims for his own financial gain is abhorrent and demonstrates a complete lack of respect for all women and girls.”
In the federal case, Sutton pleaded guilty in June to one count of sex trafficking of a child.
Over the course of month-long spree in 2011, Sutton “repeatedly engaged in violent sexual assaults on young women, and [he] appears to have taken delight in subjecting his victims to inhumane and humiliating treatment while breaking them into his stable of prostitutes,” prosecutors wrote in a sentencing memorandum filed with the court.
At today’s sentencing hearing, prosecutors said that, over a five-month period, Sutton had posted at least 60 advertisements for prostitution on Backpage.com, some of which offered minor victims.
“It is difficult to imagine sexual assaults more egregious than defendant’s. As defendant admits, he repeatedly raped…a 15-year-old girl, and recorded himself and others doing so – at times while she was unconscious, including on at least one occasion with a vodka bottle,” prosecutors wrote in court papers, which noted a video recorded by Sutton in which he violently punches a young woman in the face, apparently breaking her nose.
Sutton is one of four men who were indicted by a federal grand jury in August 2015. The federal case followed a state court prosecution of the men in which Sutton was convicted of conspiracy to pimp a minor. In the state case, Sutton was sentenced to 52 months in prison.
The three other men named in the indictment are:
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Darius Dajohn Burks, 28, of Los Angeles, who pleaded guilty earlier this year;
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Edwin Donnell Franklin, 29, of Bellflower, who pleaded guilty earlier this year; and
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Leprinceton Dewon Burks, also known as “Dapper P” and “Pete Williams,” 32, of Carson, who is scheduled to go on trial before Judge Hatter on March 28.
This case was investigated by the FBI’s Innocence Lost Task Force and the Los Angeles Police Department Detective Support and Vice Division, Human Trafficking Unit.
This case was prosecuted by Assistant United States Attorney David M. Herzog of the Violent and Organized Crime Section and Assistant United States Attorney Jennie L. Wang of the Cyber and Intellectual Property Crimes Section
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Cleveland man charged with enticement, sexual exploitation of a childRead the Press Release
A Cleveland man was charged with enticement, sexual exploitation of a child and receiving visual depictions of a minor engaged in sexually explicit conduct, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Kevin D. Wyrock, 49, knowingly used a cellular phone with Internet connectivity, to persuade, induce, entice, coerce and attempt to persuade, induce, entice and coerce a 12-year-old girl, to engage in sexual activity for which Wyrock could be charged with a criminal offense. This took place in October 2015, according to the indictment.
The indictment also charges that during that same time period, Wyrock used, persuaded, enticed and coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, knowing and having reason to know that such visual depiction would be transported and transmitted, using any means and facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce, and such visual depiction was actually transported and transmitted, using any means and facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce.
The indictment also charges that during that same time period, Wyrock knowingly received, using any means and facility of interstate and foreign commerce, numerous digital files, which files contained visual depictions of a real minor engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan following an investigation by the Cleveland and Miami offices of the Federal Bureau of Investigation and the Juniper (Florida) Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cleveland man charged for bank robberies and escapeRead the Press Release
A federal grand jury indicted Derrick Swinney, 46, of Cleveland, on one count of escape and two counts of bank robbery, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
The indictment alleges that on or about January 13, 2016, Swinney walked away from the Oriana House, a correctional halfway house in Cleveland, after having been released from federal prison following a 2005 conviction for bank robbery.
The indictment further alleges that Swinney robbed the Key Bank at 3110 W. 117th Street, in Cleveland, on September 20, and again on October 4, 2016, of a total of $4,870.
The U.S. Marshal Service conducted the investigation in conjunction with the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Karrie D. Howard.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Chicago Drug Dealer Sentenced to 35 Years in Prison for Trying to Kill a Federal InformantRead the Press Release
CHICAGO — A drug dealer who sold crack cocaine and heroin on Chicago’s West Side and western suburbs was sentenced today to 35 years in prison for trying to murder a federal informant who was assisting law enforcement.
KELSEY JONES and his associates tried to kill the informant on two occasions in the spring of 2014 in retaliation for the informant’s cooperation with the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. In the first attempt, Jones’ younger brother, TOBY JONES, fired several shots through the front door of an apartment in the informant’s building in Oak Park. The informant was not injured, but an innocent victim was wounded. The second attempt occurred a week later, when Kelsey Jones approached the informant’s vehicle outside of the same building and fired several shots, wounding the informant and another occupant. Both victims survived, as did the victim of the first shooting.
Kelsey Jones, 40, and Toby Jones, 39, both of Chicago, were convicted earlier this year of conspiring with each other in the attempted murder of the informant, as well as gun and drug charges. Toby Jones was sentenced in May to 40 years in prison.
“Defendant’s crimes are among the most serious of federal offenses,” Assistant U.S. Attorney Sean J.B. Franzblau argued in the government’s sentencing memorandum in Kelsey Jones’ case. “When a federal undercover operation disrupted his drug trade, defendant had the audacity to join his brother Toby in an attempt to murder the informant.”
In handing down the sentence today for Kelsey Jones, Judge Amy J. St. Eve also found that he obstructed justice by lying at a 2015 suppression hearing in a failed effort to prevent the jury from hearing about admissions he made to ATF agents after his arrest.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and George Lauder, Acting Special Agent in Charge of the Chicago Field Division of ATF. The Oak Park Police Department assisted in the investigation.
Testimony at trial revealed that Toby Jones led a small group of cocaine and heroin dealers, and actively sought to obtain firearms in connection with his drug dealing activities. In December 2013, a confidential informant introduced an undercover ATF agent to Toby Jones, and for the next several months the agent and the informant purchased crack cocaine from him. Toby Jones also planned to purchase from the undercover agent a firearm with a high-capacity magazine in exchange for crack cocaine.
On March 26, 2014, Toby Jones sent one of his drug dealers, WESLEY FIELDS, to meet with the undercover agent and purchase the gun. Fields was arrested by federal authorities shortly after he arrived at the meeting. Toby Jones thereafter began a week-long effort to track down and murder the confidential informant who set up the deal, culminating in the shootings in Oak Park.
Fields, of Chicago, pleaded guilty to participating in a drug conspiracy and possessing a firearm. He was sentenced in May to nine years and nine months in prison.
The government is represented by Mr. Franzblau and Assistant U.S. Attorney Brian Hayes.
Bradenton Man Convicted of Possessing Firearm, Ammunition, and HeroinRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Brandon Williams (31, Bradenton) guilty of possessing a firearm and ammunition as a convicted felon and possessing heroin with the intent to distribute it. He faces a maximum penalty of 10 years in federal prison for the firearm count and up to 20 years in federal prison for the heroin count. His sentencing is scheduled for February 17, 2017. Williams was indicted on July 28, 2015.
According to evidence presented at trial, on June 13, 2015, Williams possessed a loaded .40 caliber firearm and approximately 2 grams of heroin. He attempted to dispose of both as law enforcement authorities arrived at the scene. As a previously convicted felon, Williams was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Carlton C. Gammons.
Bank CEO Sentenced to PrisonRead the Press Release
Brian Hartline, 52, of Collegeville, PA, was sentenced today by U.S. District Court Judge C. Darnell Jones, II, to a term of imprisonment of 14 months and fined $50,000 for his role in a fraud conspiracy to obtain $13.5 million in public funds for NOVA Bank. On April 27, 2016, Hartline and co-defendant Barry Bekkedam were found guilty of conspiracy to defraud the United States, TARP fraud, and two counts of false statements to the federal government. Hartline had served as President and Chief Executive Officer of NOVA Bank and co-defendant Bekkedam had served as Board Chairman. Their scheme involved the Troubled Asset Relief Program (TARP) and was devised to defraud the government of more than $13 million.
Bekkedam and Hartline, with others, formed NOVA Bank in 2002. Bekkedam also owned and operated a financial advisory company, Ballamor Capital Management, and advised Ballamor clients to invest in NOVA. But in 2008, NOVA faced risk of failure because of bad loans and investments. In October 2008, NOVA Financial Holdings, Inc., of Berwyn, Penn., the parent company of NOVA Bank, applied for approximately $13.5 million through the U.S. Department of the Treasury Troubled Asset Relief Program. In June 2009, NOVA Bank was approved to receive the TARP funds on the condition that the bank raised $15 million in additional, private capital.
Bekkedam and Hartline devised a scheme to make NOVA bank appear more financially sound than it was – that new money was being invested in the bank. As part of the scheme, the defendants arranged for NOVA Bank to loan money to three individuals to transfer to NOVA’s parent company so it would appear as though the bank had new capital from an outside investor. In fact, the “new money” investment was the bank’s own money.
The bank ultimately did not receive TARP funds, and in October 2012, the bank failed and was closed by state and federal banking regulators.
The case was investigated by the Federal Bureau of Investigation, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), Internal Revenue Service Criminal Investigations, the Federal Deposit Insurance Corporation Office of Inspector General, the Office of Inspector General of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau. This case was prosecuted by Assistant United States Attorney David J. Ignall.
Amherst man charged with mailing threatening communicationRead the Press Release
A federal grand jury indicted Michael G. Roby, 46, of Amherst, on charges of mailing a letter threatening the lives of a male victim and his family, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
The indictment alleges that on or about June 15, 2016, Roby knowingly caused to be delivered by the United States Postal Service a letter to the victim that contained threats to injure the victim as well as the victim’s mother, brother, wife, and son.
The Amherst Police Department and the Federal Bureau of Investigation conducted the investigation. The case is being prosecuted by Assistant United States Attorney Ranya Elzein.
If convicted, the Court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
11 November 2016
U.S. Attorney speaks at two Lafayette ceremonies honoring military on Veterans DayRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley was guest speaker at two Veterans Day events dedicated to those who serve our nation’s military.
The U.S. Attorney was keynote speaker at the Lafayette Memorial Park Cemetery annual Veterans Day Service at 3 p.m. The event featured Junior ROTC members, a singer, pledge recitation, invocation and the placing of a wreath to honor fallen soldiers. She was also guest speaker at Honorfest at 6 p.m. at Parc International hosted by Townsquare Media that featured inspirational messages, a video presentation and country music star Trace Adkins. It also featured local music artists such as Kipp Sonnier, Steve Grisaffe and Jeff Dugan who entertained the veterans and visitors. A portion of the proceeds of Honorfest goes to American Legion Post 69 in Lafayette. Finley spoke about sacrifices that military members and their families makes every day. She reminded those attending that we owe thanks to them for the freedoms they protect.
Assistant U.S. Attorney Daniel J. McCoy spoke on Thursday, November 10, 2016 at the St. Thomas More High School Veterans Day ceremony. McCoy served as guest speaker addressing the student about the importance of veterans to our nation. The event also featured patriotic music being played by the high school band and a mass.
“Our military members should never be forgotten,” Finley stated. “We don’t always acknowledge the soldiers, sailors and airman who continue to serve and sacrifice. They come from all walks of life and many backgrounds and are bonded by their dedication to our nation.”
A 1991 Cum Laude graduate of SULC, Finley was recommended by Senator Mary Landrieu and appointed by President Barack Obama on Jan. 20, 2010 to serve as the top federal law enforcement officer in the Western District of Louisiana. She was confirmed by the U.S. Senate on May 28, 2010, and took the oath of office on June 2, 2010, as the first woman appointed to serve as U.S. Attorney in the State of Louisiana.
Finley is responsible for overseeing federal criminal prosecutions occurring in 42 of the 64 parishes in the State for crimes ranging from acts of terrorism to public corruption, complex white collar crimes, investment schemes, organized crimes and gang activities, civil rights, internet-related crimes, drug trafficking, firearms violations, violent crimes, child exploitation, environmental crimes, tax evasion, illegal immigration and alien smuggling, among other criminal activity. She is also charged with defending the United States in civil cases and collecting debts owed to the United States.
Before joining the U.S. Attorney's Office, Finley was on active duty with the U.S. Air Force, stationed at England Air Force Base in Louisiana and Shaw Air Force Base in South Carolina. She served as a Lieutenant Colonel in the U.S. Air Force Reserves where she was a Judge Advocate assigned to the 8th Air Force Global Strike Command located at Barksdale Air Force Base. Prior to being at the 8th Air Force, she was assigned to the 2nd Bomb Wing Judge Advocate General's Office at Barksdale Air Force Base. Her duties as a JAG officer have included serving as a hearing officer for criminal cases and administrative discharge boards, working in the areas of contract and labor law and military justice as well as providing legal assistance services for active duty, reservists and dependents of the military.
Daniel J. McCoy serves as the Executive Officer of the Navy Reserve, Defense Institute of International Legal Studies unit in Newport, R.I., in addition to being an assistant U.S. Attorney in Lafayette. He attended the U.S. Naval Academy and received a bachelor’s degree of science in political science, with distinction, in May 1996. Following his graduation, McCoy was commissioned as an ensign, and completed Surface Warfare Officer’s School in Newport, R.I., in March 1997. He has served in various operations and missions all over the world throughout his career. He was selected for the Law Education Program early in his career and attended Tulane University School of Law in New Orleans. He received the degree of Juris Doctor, cum laude, in May 2004. In addition to his work as an attorney in the Navy, he also served as an instructor and has earned numerous medals for his service.
Topsfield Attorney Sentenced for Filing False Tax ReturnsRead the Press Release
BOSTON – A Topsfield man was sentenced in U.S. District Court in Boston late yesterday for filing false tax returns with the Internal Revenue Service (IRS) over the course of four years.
John H. Molloy, Jr., 53, was sentenced by U.S. District Court Judge George A. O’Toole, Jr., to one year of probation and ordered to pay restitution of $332,019 to the IRS, a fine of $5,000, and complete 100 hours of community service. In August 2016, Molloy pleaded guilty to four counts of filing false tax returns.
Molloy, an attorney, maintains offices in Jamaica Plain and Revere. A substantial portion of Molloy’s law practice involved representing victims of automobile accidents. From 2006 to 2009, Molloy deposited settlement checks from automobile insurers into his business accounts, but used these business accounts to pay personal expenses. All of these funds were income to Molloy and should have been reported to the IRS; however, Molloy actively concealed almost
$1 million of income from the IRS over a four-year period. When accountants asked Molloy which funds in his business accounts should be reported to the IRS, Molloy told them that substantial chunks of money were not income and did not need to reported—even though he knew this was untrue. From 2006 to 2009, Molloy failed to report $979,341 of income to the IRS, failing to pay $332,019 in taxes.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony DiPaolo, Chief of Investigations of the Massachusetts Insurance Fraud Bureau, made the announcement. Assistant U.S. Attorney David S. Schumacher of Ortiz’s Criminal Division prosecuted the case.
Jury Convicts Home Health Agency Owner in $13 Million Medicare Fraud ConspiracyRead the Press Release
A federal jury in the Southern District of Texas convicted a Houston-based home-health agency owner for her role in a $13 million Medicare fraud scheme and money laundering.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth Magidson of the Southern District of Texas, Special Agent in Charge D. Richard Goss of Internal Revenue Service-Criminal Investigation’s (IRS-CI) Houston Field Office, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Special Agent in Charge C.J. Porter of the Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Dallas Regional Office made the announcement.
Marie Neba, 52, of Sugarland, Texas, co-owner of Fiango Home Healthcare Inc. (Fiango) was convicted yesterday of one count of conspiracy to commit health care fraud, three counts of health care fraud, one count of conspiracy to pay and receive health care kickbacks, one count of payment and receipt of health care kickbacks, one count of conspiracy to launder monetary instruments and one count of making false statements. A week into the trial, her co-owner and husband, Ebong Tilong, 52, also of Sugarland, pleaded guilty to one count of conspiracy to commit health care fraud, three counts of healthcare fraud, one count of conspiracy to pay and receive healthcare kickbacks, three counts of payment and receipt of healthcare kickbacks and one count of conspiracy to launder monetary instruments. Neba and Tilong are scheduled to be sentenced on Feb. 17, 2017.
According to the evidence presented at trial and admissions made in connection with Tilong’s plea, from February 2006 through June 2015, Neba, Tilong and others conspired to defraud Medicare by submitting over $13 million in false and fraudulent claims for home-health services to Medicare through Fiango. Neba and Tilong paid illegal kickbacks to physicians in exchange for authorizing medically unnecessary home-health services for Medicare beneficiaries. Using the money that Medicare paid for such fraudulent claims, Neba and Tilong paid illegal kickbacks to patient recruiters for referring Medicare beneficiaries for home-health services. Neba and Tilong also paid illegal kickbacks to Medicare beneficiaries for allowing them to bill Medicare using their Medicare information for home-health services that were not medically necessary or not provided. Neba and Tilong falsified medical records to make it appear as though the Medicare beneficiaries qualified for and received home-health services.
According to the evidence presented at trial and Tilong’s admissions, from February 2006 to June 2015, Neba and Tilong received more than $13 million from Medicare for home-health services that were not medically necessary or not provided to Medicare beneficiaries.
To date, three others have pleaded guilty in connection with the scheme: Nirmal Mazumdar, M.D., the former medical director of Fiango, pleaded guilty to a scheme to commit health care fraud; and Daisy Carter and Connie Ray Island, two patient recruiters for Fiango, pleaded guilty to conspiracy to commit health care fraud. Mazumdar, Carter and Island all await sentencing.
The IRS-CI, FBI and HHS-OIG investigated the case under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Southern District of Texas. Trial Attorney William S.W. Chang and Senior Trial Attorney Jonathan T. Baum of the Fraud Section are prosecuting the case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.