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17 October 2016
Sitka Couple Sentenced for Drug ConspiracyRead the Press Release
Anchorage, Alaska - United States Attorney Karen L. Loeffler announced today that on October 17, 2016, Luke Roderick Lowe and Marguarite Jean Keicher, both residents of Sitka, Alaska were sentenced in federal court in Juneau for their role in a drug trafficking conspiracy to distribute methamphetamine in Ketchikan, Alaska.
Lowe, 38, and Keicher, 39 were each sentenced by Chief United States District Court Judge Timothy M. Burgess to 120 months of imprisonment and five years of supervised release for their roles in the drug conspiracy and forfeited $1,524.00 in U.S. Currency and firearms involved in the offense. Lowe has been in federal custody since May 1, 2015, and Keicher has been in federal custody since April 22, 2015.
According to information presented to the court by Assistant United States Attorney Jack S. Schmidt, the defendants had moved to Ketchikan from Sitka, Alaska and began distributing methamphetamine from various sources who had obtained the drugs from the Lower 48 using various drug trafficking methods. After the methamphetamine was delivered to Ketchikan, the defendant distributed the drugs to others for subsequent distribution. During the investigation, the defendants’ residence was searched and law enforcement found a total of 72.9 grams of actual methamphetamine and a number of loaded firearms, specifically two semi-auto handguns located in the defendant’s backpacks, a revolver, and assault style rifle located in the defendant’s bedroom in their residence.
Prior to imposing sentence, Judge Burgess indicated the seriousness of the offense and the need to provided treatment as reasons for the sentence.
Ms. Loeffler commended the Drug Enforcement Agency (DEA), Federal Bureau of Investigation and the Ketchikan Police Department-Drug Unit for the investigation leading to the successful prosecution of the above listed defendants.
Sharon Man Sentenced for Tobacco Tax Fraud and Money LaunderingRead the Press Release
BOSTON – A Sharon man was sentenced today in U.S. District Court in Boston in connection with illegally selling tobacco products and laundering the proceeds.
Muhammad Saleem Iqbal, 53, was sentenced by U.S. District Court Judge William G. Young to 42 months in prison, two years of supervised release and restitution of $28,027,946. The Court also ordered forfeiture of hundreds of thousands of dollars in tobacco products and over $150,000 belonging to Iqbal and the tax-evading wholesale tobacco business in which he engaged. In May, 2016, he pleaded guilty to conspiring to defraud Massachusetts of wholesale tobacco taxes and to filing a false personal income tax return.
Iqbal and a business partner operated a wholesale business under the name “Pick N Dip,” in Norwood that sold tobacco products, including cigars and smokeless tobacco (such as snuff and chewing tobacco), as well as other non-tobacco items, to convenience stores, gas stations and other retail businesses. Under state law, smokeless tobacco wholesalers must file an excise tax form monthly and pay a 210% excise tax on smokeless tobacco brought into Massachusetts. Cigar wholesalers must file an excise tax form quarterly and must pay a 40% excise tax on cigars brought into Massachusetts.
In order to evade tobacco taxes, beginning around 2010, Iqbal and his business partner repeatedly purchased tens of thousands of dollars at a time worth of smokeless tobacco and cigars in Pennsylvania where no taxes are imposed for these tobacco products. They then arranged to have these tobacco products covertly transported to Massachusetts for resale, without filing the records required by Massachusetts state law and federal law, and without paying excise taxes.
At the direction of Iqbal and his business partner, their employees repeatedly engaged in large cash transactions in order to conceal and disguise the nature, location, source, ownership and control of the proceeds of their illegal tobacco business and to avoid transaction reporting requirements under federal and state law. Their employees also transported more than $50,000 in cash at a time from Massachusetts to Pennsylvania where the money was used to purchase additional untaxed smokeless tobacco and cigars.
One of Iqbal’s co-defendants, Kaleem Ahmad, is scheduled to be sentenced tomorrow.
United States Attorney Carmen M. Ortiz; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and David W. Hall, Special Agent in Charge of the U.S. Department of State, Boston Field Office, made the announcement today. Valuable assistance was also provided by the Massachusetts Department of Revenue. Assistant U.S. Attorneys Stephen P. Heymann of Ortiz’s Economic Crimes Unit and Doreen Rachel, Chief of Ortiz’s Asset Forfeiture Unit, handled the case.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Charles Nunez, 47, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Nunez will be sentenced to ten years in prison. He also will be ordered to forfeit $70,000 in drug proceeds and five firearms to the United States.
Nunez was arrested on March 12, 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute, carrying a firearm in relation to a drug trafficking crime and being a felon in possession of a firearm on March 12, 2016, in Chaves County, N.M. According to the complaint, on March 12, 2016, the Chaves County Metro Narcotics Task Force executed search warrants on Nunez, his residence and his vehicle, and seized approximately five pounds of methamphetamine, firearms, a large amount of cash, drug paraphernalia, and a police radio scanner.
During today’s proceedings, Nunez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Nunez admitted that on March 12, 2016, agents seized approximately five pounds of methamphetamine and several firearms from his residence. Nunez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Roswell office of the FBI and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Romania Extradites Alleged Leader of "ItalianMafiaBrussels" Drug Trafficking Organization to Colorado for ProsecutionRead the Press Release
DENVER – Filip Lucian Simion, 23, was extradited from Romania to Denver, Colorado so he can face drug trafficking and money laundering charges, Acting United States Attorney Bob Troyer, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Denver Division Special Agent in Charge David Thompson and the Denver Division U.S. Postal Inspector in Charge Craig Goldberg announced. On May 5, 2016, Simion was indicted, along with three others, for importation of controlled substances and money laundering. The defendant made his initial appearance today before U.S. Magistrate Judge Kristen L. Mix. Co-defendant Leonardo Cristea, 25, arrived in the District of Colorado pursuant to an extradition order from Romania on July 29, 2016.
The investigation, which was initiated in July of 2013, resulted in numerous seizures of kilogram quantities of MDMA (3,4 methylenedioxymethamphetamine, a Schedule I controlled substance commonly known as Ecstasy) intended for importation into the United States via the mail from various countries in Europe. The organization operated online as the Darknet vendor “ItalianMafiaBrussels” or “IMB” and used encrypted email and TOR-based online black markets, such as the now defunct Silk Road and Silk Road 2.0, to sell the MDMA, primarily to United States and Canadian customers. The organization accepted payment for the drugs only in bitcoin. In 2014 and 2015, several defendants were charged and convicted in the District of Colorado for distribution of MDMA sourced by the organization.
On May 3, 2016, in a joint U.S./European enforcement action, law enforcement dismantled the ItalianMafiaBrussels Drug Trafficking Organization (DTO), arresting ten defendants during early morning raids in Bruges, Belgium and surrounding areas. The extradited defendants, Filip Lucian Simion and Leonardo Cristea, were arrested simultaneously in Bucharest, Romania. The remaining defendants, including two of the defendants named in the U.S. indictment, will be prosecuted in Belgium.
The nine count indictment charges defendants Leonardo Cristea, Ymran Djavatkhanov, Andy Nestor, and Filip Lucian Simion with conspiracies to distribute and import into the United States controlled substances, in violation of Title 21, United States Code, Sections 846 and 963. The defendants are also charged with substantive counts of importation of controlled substances and aiding and abetting, in violation of Title 21, United States Code, Section 952(a), and Title 18, United States Code, Section 2. In addition, Filip Lucian Simion is charged in several counts of distribution of controlled substances by means of the Internet, in violation of Title 21, United States Code, Section 841(h)(1)(A) and conspiracy to launder money, in violation of Title 18, United States Code, Section 1956(h).
If convicted on any of the counts charged, Filip Lucian Simion and Leonardo Cristea face a maximum possible penalty of 20 years’ imprisonment. The defendants’ criminal history and the amount or weight of the drugs being imported are factors a judge will consider at sentencing.
This case was investigated by the Denver Illicit Digital Economy Working Group, comprised of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, and the Internal Revenue Service, in partnership with the Romanian Central Anti-Narcotics Unit in Bucharest, Romania, and the Belgian Federal Judicial Police, East Flanders Drug Unit in Dendermonde, Belgium. Other United States and international agencies assisting the working group in this investigation included: the Boulder County Drug Task Force, the Arapahoe County Sheriff’s Office, the Boulder County District Attorney’s Office, U.S. Customs and Border Protection offices nationwide, the Department of Justice Office of International Affairs, ATF Atlanta, DEA Chicago, Europol, and Eurojust.
The case is being prosecuted by Assistant U.S. Attorney and Digital Currency Crimes Coordinator Michele R. Korver
The charges contained in the Indictment are allegations, and the defendants named are presumed innocent unless and until proven guilty.
Randolph Man Pleads Guilty to Bank RobberiesRead the Press Release
BOSTON – A Randolph man pleaded guilty today in U.S. District Court in Boston to two bank robberies.
Gary S. Judge, 37, pleaded guilty to two counts of bank robbery before U.S. District Court Judge Richard G. Stearns who scheduled sentencing for Jan. 18, 2017.
On July 28, 2014, an individual, later determined to be Judge, entered a branch of the Century Bank in Braintree carrying a shoe box. He handed the teller a demand note that stated “PUT THE MONEY IN THE BOX NOW, $20’S $50’S AND $100’S. The teller handed Judge $5,622 in cash and Judge exited the bank. After law enforcement officers arrived and interviewed the tellers, details regarding the robbery were immediately disseminated on various law enforcement and public social media sites.
On Aug. 11, 2014, an individual, later determined to be Judge, entered a Milton branch of Citizens Bank carrying a shoe box and handed the teller a note that read, “PUT THE MONEY IN THE BOX NOW!!!$100’s, $50’s, AND $20’s. The teller handed Judge $670 in cash, which he put in the shoe box, and exited the bank. Included in the currency given to Judge was a red dye pack. A bank customer observed red smoke emanating from the shoe box as Judge drove away in a Chrysler SUV with Massachusetts license plates.
A few weeks later, law enforcement officers received a tip that Judge might have been involved in the robberies. A recent picture of Judge matched bank surveillance photographs from the Braintree and Milton robberies and it was also learned that Judge’s wife owned a Chrysler SUV matching the description from the Milton robbery.
Judge was arrested on Dec. 30, 2014 and admitted to robbing the banks.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. The Milton and Braintree Police Department assisted with the investigation. Assistant U.S. Attorney Kenneth G. Shine of Ortiz’s Major Crimes Unit is prosecuting the case.
Philadelphia Man Charged with Theft of Government FundsRead the Press Release
Kenneth Duffy, 64, of Philadelphia, Pennsylvania, was charged by Information with one count of theft of government funds, announced United States Attorney Zane David Memeger. According to the Information[1], the defendant received retirement benefits intended for his mother, after his mother’s death in January 1997 until his fraud was discovered in August 2016. The defendant’s alleged actions resulted in a loss to the government of approximately $235,995.
If convicted, the defendant faces a substantial period of incarceration, a 3‑year period of supervised release, restitution to the government of $235,995, a fine of up to $250,000, and a $100 special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
[1] An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Navy Veteran Convicted of Making False Statement to Receive Disability Benefit PaymentsRead the Press Release
Edmond Deslatte, 46, of Murfreesboro, Tenn., pleaded guilty Friday to making a false statement to a federal agent in connection with an investigation into his disability benefits payments, announced David Rivera, United States Attorney for the Middle District of Tennessee.
During a plea hearing before U.S. District Court Judge Aleta A. Trauger, Deslatte admitted making a false statement during an April 2011 interview with a special agent with the U.S. Department of Veterans Affairs (“VA”) Office of Inspector General (“OIG”). At the time of the April 2011 interview, Deslatte was receiving 100% disability benefit payments from the VA, although he had been working full-time. At his plea hearing, Deslatte admitted that, during his April 2011 interview, he falsely represented to the VA-OIG agent that medication prescribed for his medical condition had rendered him disabled and unable to work. Deslatte further admitted that he had not been taking the medication as he had represented to the VA-OIG agent.
According to Deslatte, he made the misrepresentations in an effort to continue receiving disability benefit payments from the VA. In May 2014 a VA physician determined that Deslatte did not suffer from the medical condition that had supposedly rendered him disabled, and the VA subsequently terminated Deslatte’s disability payments. The intended loss associated with Deslatte’s misrepresentations to the VA was approximately $148,000.
Deslatte faces up to 5 years in prison and a fine of up to $250,000. Deslatte will be sentenced by Judge Trauger on January 19, 2017. Deslatte’s sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
The case was investigated by the VA Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney William F. Abely.
Nation’s Largest Nursing Home Pharmacy to Pay over $28 Million to Settle Kickback AllegationsRead the Press Release
The nation’s largest nursing home pharmacy, Omnicare Inc., has agreed to pay $28.125 million to resolve allegations that it solicited and received kickbacks from pharmaceutical manufacturer Abbott Laboratories in exchange for promoting the prescription drug, Depakote, for nursing home patients. CVS Health Corporation, which is headquartered in Rhode Island, acquired Ohio-based Omnicare in 2015, approximately six years after Omnicare ended the conduct that gave rise to the settlement.
“Every day, elderly nursing home residents suffering from dementia rely on the independent judgment of our nation’s healthcare professionals for their personal care and their medical treatment,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division. “Kickbacks to entities making drug recommendations compromise their independence and undermine their role in protecting nursing home residents from the use of unnecessary drugs.”
Nursing homes rely on consultant pharmacists, such as those employed by Omnicare, to review their residents’ medical charts at least monthly and make recommendations to their physicians about what drugs should be prescribed for those residents. The settlement announced today resolves allegations that Omnicare solicited and received kickbacks from Abbott in exchange for recommending that physicians prescribe Depakote, an anti-epileptic drug manufactured by Abbott, to elderly nursing home residents.
According to the government’s complaint, Omnicare disguised the kickbacks it received from Abbott in a variety of ways. Abbott allegedly made payments to Omnicare described as “grants” and “educational funding,” even though their true purpose was to induce Omnicare to recommend Depakote. For example, Omnicare allegedly solicited substantial contributions from Abbott and other pharmaceutical manufacturers to its “Re*View” program. Although Omnicare claimed that Re*View was a “health management” and “educational” program, the complaint alleges that it was simply a means by which Omnicare solicited kickbacks from pharmaceutical manufacturers in exchange for increasing the utilization of their drugs on elderly nursing home residents. In internal documents, Omnicare allegedly referred to Re*View as its “one extra script per patient” program. The complaint also alleges that Omnicare entered into agreements with Abbott by which Omnicare was entitled to increasing levels of rebates from Abbott based on the number of nursing home residents serviced and the amount of Depakote prescribed per resident. Finally, the complaint alleges that Abbott funded Omnicare management meetings on Amelia Island, Florida, offered tickets to sporting events to Omnicare management and made other payments to local Omnicare pharmacies.
In May 2012, the United States, numerous states and Abbott entered into a $1.5 billion global civil and criminal resolution that, among other things, resolved Abbott’s liability under the False Claims Act for alleged kickbacks to nursing home pharmacies, including Omnicare and PharMerica Corp. In October 2015, PharMerica agreed to pay $9.25 million to the United States and numerous states to resolve civil liability under the False Claims Act for the alleged kickbacks from Abbott. The settlement announced today resolves Omnicare’s role in that alleged kickback scheme.
“This settlement ensures that some of the most vulnerable amongst us, those suffering from dementia, are provided with the level of care they deserve,” said U.S. Attorney John P. Fishwick Jr. for the Western District of Virginia. “Families and loved ones who make the difficult decision to place those they care about into a nursing home must do so with the confidence that medical decisions are being made with the interests of the patient in mind, not big drug companies.”
Approximately $20.3 million of the settlement will go to the United States, while $7.8 million has been allocated to cover Medicaid program claims by states that elect to participate in the settlement. The Medicaid program is jointly funded by the federal and state governments.
“It is disturbing that any health care corporation would pay kickbacks that corrupt the professional medical decision making process in order to pad their profits,” said Special Agent in Charge Nicholas DiGiulio of the Department of Health and Human Services Office of Inspector General (HHS OIG). “These practices are unacceptable and will not be tolerated.”
The settlement with Omnicare announced today, together with the prior settlements with Abbott and PharMerica, resolves allegations in two lawsuits filed in federal court in the Western District of Virginia by Richard Spetter and Meredith McCoyd, former Abbott employees. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The act also allows the government to intervene and take over the action, as it did in part in this case in May 2014. The United States filed a complaint-in-intervention against Omnicare in December 2014. As part of today’s resolution, McCoyd will receive $3 million from the federal share of the settlement amount.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.”
This matter was jointly handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Virginia, HHS-OIG, the Office of the Attorney General for the Commonwealth of Virginia and the National Association of Medicaid Fraud Control Units.
The cases are captioned United States ex rel. Spetter v. Abbott Labs., et al., Case No. 10-cv-00006 (W.D. Va.) and United States ex rel. McCoyd v. Abbott Labs., et al., Case No. 07-cv-00081 (W.D. Va.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Miami University Agrees to Overhaul Critical Technologies to Settle Disability Discrimination LawsuitRead the Press Release
CINCINNATI – The U.S. Justice Department filed a proposed consent decree today to resolve allegations that Miami University in Oxford, Ohio, violated the Americans with Disabilities Act (ADA) by using inaccessible classroom and other technologies.
Under the consent decree, which is pending court approval, Miami will make significant improvements to ensure that technologies across all its campuses are accessible to individuals with disabilities and will pay $25,000 to compensate individuals with disabilities. The agreement also requires reforms to Miami University’s technology procurement practices. These improvements will benefit all current and future Miami University students with disabilities.
As part of the consent decree, Miami University will, among other things:
- ensure that its web content and learning management systems conform with Web Content Accessibility Guidelines 2.0 AA standards;
- meet with every student who has a disability for which he or she requires assistive technologies or curricular materials in alternate formats, and their instructors, every semester to develop an accessibility plan; and
- procure web technology or software that best meets various accessibility standards.
“Technology in the classroom and across campus provides the backbone for full and equal participation in college life,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This settlement will ensure that students with disabilities can access and receive the full benefit of 21st century technology in higher education.”
“The courage of the students who participated in the United States’ investigation led to this broad agreement that touches the lives of all Miami students with disabilities,” said U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio. “This agreement between the Justice Department and Miami University will ensure full access to technology that is crucial to academic success.”
The Justice Department intervened in this case, Dudley v. Miami University, which was originally brought by a single student. The intervention expanded the case to ensure comprehensive relief under Title II of the ADA for all Miami University students with disabilities. In the complaint, the department alleged that Miami University uses technologies in its programs, services and activities that are inaccessible to individuals with disabilities, including current and former students who have vision, hearing or learning disabilities.
The department further alleged that Miami University failed to make these technologies accessible and otherwise failed to ensure that individuals with disabilities could interact with Miami University’s websites and access course assignments, textbooks and other materials on an equal basis with students who do not have disabilities. These failures deprived current and former students and others with disabilities an equal opportunity to participate in and benefit from all of Miami University’s educational opportunities.
For more information or for a copy of the consent decree, please visit the department’s ADA website at www.ada.gov. Those interested in finding out more about the ADA may also call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD).
Miami University Agrees to Overhaul Critical Technologies to Settle Disability Discrimination LawsuitRead the Press Release
The Justice Department filed a proposed consent decree today to resolve allegations that Miami University in Oxford, Ohio, violated the Americans with Disabilities Act (ADA) by using inaccessible classroom and other technologies.
Under the consent decree, which is pending court approval, Miami University will make significant improvements to ensure that technologies across all its campuses are accessible to individuals with disabilities and will pay $25,000 to compensate individuals with disabilities. The agreement also requires reforms to Miami University’s technology procurement practices. These improvements will benefit all current and future Miami University students with disabilities.
As part of the consent decree, Miami University will, among other things:
- ensure that its web content and learning management systems conform with Web Content Accessibility Guidelines 2.0 AA standards;
- meet with every student who has a disability for which he or she requires assistive technologies or curricular materials in alternate formats, and their instructors, every semester to develop an accessibility plan; and
- procure web technology or software that best meets various accessibility standards.
“Technology in the classroom and across campus provides the backbone for full and equal participation in college life,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This settlement will ensure that students with disabilities can access and receive the full benefit of 21st century technology in higher education.”
“The courage of the students who participated in the United States’ investigation led to this broad agreement that touches the lives of Miami University students with disabilities,” said U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio. “This agreement between the Justice Department and Miami University will ensure full access to technology that is crucial to academic success.”
The Justice Department intervened in this case, Dudley v. Miami University, which was originally brought by a single student. The intervention expanded the case to ensure comprehensive relief under Title II of the ADA for all Miami University students with disabilities. In the complaint, the department alleged that Miami University uses technologies in its programs, services and activities that are inaccessible to individuals with disabilities, including current and former students who have vision, hearing or learning disabilities.
The department further alleged that Miami University failed to make these technologies accessible and otherwise failed to ensure that individuals with disabilities could interact with Miami University’s websites and access course assignments, textbooks and other materials on an equal basis with students who do not have disabilities. These failures deprived current and former students and others with disabilities an equal opportunity to participate in and benefit from all of Miami University’s educational opportunities.
For more information or for a copy of the consent decree, please visit the department’s ADA website at www.ada.gov. Those interested in finding out more about the ADA may also call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD).
Miami University
Merced Man Sentenced to 2 Years in Prison for Growing Marijuana in Sierra National ForestRead the Press Release
FRESNO, Calif. — Emmanuel Castrejon Cardenas, 36, of Merced, was sentenced Monday by U.S. District Judge Lawrence J. O'Neill to two years in prison for conspiracy to cultivate 50 or more marijuana plants, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, individuals transporting large amounts of irrigation and other gardening equipment in the Sierra National Forest in the area of Providence Creek in Fresno County were caught on cameras set up by the U.S. Forest Service to monitor mountain lions. An investigation led agents to a large-scale, multi-plot marijuana cultivation site
On September 7, 2015, Cardenas was arrested after he delivered supplies for the clandestine marijuana cultivation site. The next day, law enforcement agents entered the site, eradicated a large number of marijuana plants, and found another individual, Apolinar Duarte, 36, who possessed a firearm. On May 16, 2016, Cardenas and Duarte pleaded guilty. Duarte was sentenced to five years in prison by Judge O’Neill on August 8, 2016.
This case was the product of an investigation by the U.S. Forest Service. Assistant U.S. Attorney Vincenza Rabenn prosecuted the case.
Maryland Man Indicted with Attempting to Provide Material Support to ISILRead the Press Release
A federal grand jury charged Nelash Mohamed Das, 24, a citizen of Bangladesh residing in Landover Hills, Maryland, with attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Rod J. Rosenstein for the District of Maryland and Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Field Office.
The indictment alleges that from October 2015 to Sept. 30, 2016, Das knowingly attempted to provide material support and resources to a foreign terrorist organization, namely ISIL. Further, the indictment alleges that Das knew that ISIL is a designated foreign terrorist organization and engages in terrorist activity.
According to court documents ISIL members and supporters have posted identifying information about U.S. military personnel in hopes that those inspired by ISIL would carry out attacks against them. Das allegedly planned to kill a U.S. military member in support of ISIL.
If convicted, Das faces a maximum sentence of 20 years in prison.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
U.S. Attorney Rosenstein and Acting Assistant Attorney General McCord commended the FBI’s Joint Terrorism Task Force for its work on the investigation and thanked the prosecutors that are handling the matter.
Man Pleads Guilty to Attempting to Provide Material Support to ISILRead the Press Release
ALEXANDRIA, Va. – Haris Qamar, 26, of Burke, pleaded guilty today to attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
“Mr. Qamar attempted to help ISIL encourage lone wolf attacks in our nation’s capital,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “Ensuring the safety of our community is the top priority of my office, and we will continue to work with our law enforcement partners to locate, identify and prosecute those who choose to engage in terrorist activities.”
“This case demonstrates the reach terrorist organizations have through social media and the threat that they pose to our national security,” said Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office. “When Qamar could not travel overseas he attempted to assist ISIL’s propaganda campaign for the purpose of inspiring lone wolf attacks in the Washington, D.C. area. Qamar operated over numerous social media accounts where he proselytized ISIL’s message and praised the terrorist group when they committed gruesome acts. Today’s plea is the result of the hard work of the FBI’s Joint Terrorism Task Force working around the clock to protect this country from those who seek to do us harm.”
According to the statement of facts filed with the plea agreement, on May 26, Qamar and FBI confidential witness (CW) discussed ISIL’s need of photos of possible targets in and around Washington, D.C., for use in a video that ISIL was purportedly making to encourage lone wolf attacks in the Washington, D.C., area. Qamar offered CW ideas of where to take these photographs, including the Pentagon and numerous landmarks in Arlington and Washington, D.C., which could be targeted for terrorist attacks. On June 3, a conversation was audio and video recorded when CW picked up Qamar in a vehicle and they drove to area landmarks on the list Qamar had developed. Qamar said “bye bye DC, stupid ass kufar, kill’em all”. Qamar and CW met again on June 10 and drove to a location in Arlington to take additional photos for the ISIL video.
According to statement of facts, during numerous conversations with CW, Qamar expressed his interest and excitement in the extreme violence ISIL is known for. Qamar said he loved the bodies, blood and beheadings, and he recalled watching a video of a Kurdish individual being slaughtered, and liked the cracking sound made when the individual’s spinal cord was torn. On several occasions Qamar said he could slaughter someone and described how he would do it. Qamar also stated that he admired lone wolf attackers because they love Islam so much that they are willing to die as martyrs for Islam and in the same conversation, Qamar and CW discussed suicide bombings. CW said that he did not believe in suicide bombings, but Qamar responded “I believe in it 100 percent.”
According to statement of facts, on Sept. 11, 2015, terrorists connected with ISIL posted a “kill list” to the internet containing the names and addresses of U.S. military members. A few days later, Qamar told CW that the residences of several service members who appeared on the “kill list” were near Qamar’s own home, and that Qamar had observed undercover police cars near those residences. On Sept. 16, 2015, Qamar tweeted his prayer that Allah “give strength to the mujahideen to slaughter every single US military officer.”
According to statement of facts, additionally, on Sept. 25, 2015, Qamar told CW that he tried to join the ISIL in 2014, and purchased a plane ticket from Newark, New Jersey to Istanbul, Turkey. However, Qamar did not show up for the flight as his parents prevented him from going by controlling his passport. Qamar said his parents threatened to notify law enforcement and said that he fought with his father and called his father a traitor to Islam. On Nov. 18, 2015, CW asked Qamar if his father gave him back his passport would he go and join ISIL, and in response, Qamar said if that happened, “I’m done, I leave.”
Qamar faces a maximum penalty of 20 years in prison when sentenced on Jan. 6, 2017. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Division, made the announcement after the charges were unsealed. Assistant U.S. Attorney Gordon D. Kromberg is prosecuting the case with assistance from the National Security Division’s Counterterrorism Section.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-mj-300.
Man Believed to Have Placed Improvised Explosive Device in Nederland Shopping Complex ArrestedRead the Press Release
DENVER – David Michael Ansberry, born in 1952, originally from California, was arrested over the weekend in Chicago, Illinois, in connection with the placing of an improvised explosive device in a shopping area in Nederland, Colorado, the FBI, Boulder County Sheriff’s Office (BCSO), the Nederland Police Department, the Boulder County District Attorney’s Office and ATF announced. Ansberry made his initial appearance in Chicago yesterday and will be brought to Colorado to face the charge.
Ansberry, who was identified as the person allegedly placing the device following an intensive investigation by law enforcement, has been charged with attempted destruction of a building or property by means of fire or explosive. If convicted, Ansberry faces not less than 5 years, and not more than 20 years in federal prison, and up to a $250,000 fine.
The investigation is ongoing, but authorities believe based upon the information discovered to date that this was an isolated incident. If members of the public believe they have information regarding this incident they are asked to call the FBI at 303-629-7171.
“Thanks to the tireless work of this team of law enforcement professionals, a man who is charged with placing a dangerous device in a public place is in custody,” said Acting U.S. Attorney Bob Troyer. “The FBI, Boulder County Sheriff’s Office, the Nederland Police Department, and the ATF pulled together, dismantled this explosive device, and tracked down the man who allegedly made and placed it. Outstanding work all around.”
This case was investigated by the FBI, the Boulder County Sheriff’s Office, the Nederland Police Department, and ATF. Substantial assistance was provided by the Boulder County District Attorney’s Office. Ansberry is being prosecuted by Assistant U.S. Attorney Gregory Holloway and Trial Attorney Mara Kohn with the Counter Terrorism Section of the National Security Division.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a violation of federal law has a Constitutional right to be indicted by a federal grand jury. The charges contained in the Complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
Lanham Man Sentenced to over Seven Years in Federal Prison for Bank Fraud ConspiracyRead the Press Release
Baltimore, Maryland – On October 14, 2016, U.S. District Judge George L. Russell III sentenced Junaidu Saljan Savage, a/k/a James Kamara, age 30, of Lanham, Maryland, to 87 months in prison, followed by five years of supervised release, for conspiring to commit bank fraud and for aggravated identity theft arising from a scheme to defraud a bank by using account holders’ personal information to take over their accounts. Judge Russell also ordered Savage to pay restitution of $36,400. A federal jury convicted Savage on March 15, 2016.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Terrence P. McKeown of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge Brian Ebert of the United States Secret Service - Washington Field Office; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to testimony at his six-day trial, from January 1, 2012 through April 2012, Savage conspired with Jayad Zainab Ester Conteh, Paul Anthony Williams and others to defraud a bank. Conteh, a bank teller, looked up bank account holder information on the computer system without authorization and disclosed the account holders’ personal identifying information to Savage and other co-conspirators. Using that information, Savage would call the bank pretending to be the account holder, change certain account information and order checks on the compromised account to be delivered by overnight mail. Savage and other co-conspirators would obtain those checks, including by intercepting the checks upon delivery at the actual account holders’ addresses. Wilson cashed the checks at bank branches in Maryland.
Trial evidence showed that as a result of the conspiracy at least seven bank account holders’ accounts were improperly accessed, with intended losses of more than $120,000.
Jayad Zainab Ester Conteh, age 24, of Glenarden, Maryland, was convicted after trial and sentenced to 64 months in prison for conspiring to commit bank fraud, bank fraud, aggravated identity theft and unauthorized access to a computer to obtain banking information. Judge Russell also entered an order that Conteh pay $36,400 in restitution to the victim bank and forfeit $36,400.
According to court documents and trial testimony, in July 2014, after Conteh had reported to prison to begin serving her sentence, Savage went to visit her relatives. An audio and video recording of the meeting revealed that Savage told Conteh’s relatives that he was involved in her criminal conduct and would pay the restitution ordered by the Court. In late August 2014, Savage’s girlfriend provided $6,000 in cash to a relative of Conteh as partial payment of Conteh’s restitution.
Co-conspirator Paul Anthony Wilson, a/k/a Anthony Johnson, age 53, of Washington, D.C., was arrested while attempting to cash a check on the account of one of the victims. Wilson pleaded guilty to his role in the conspiracy and was sentenced to 39 months in prison.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service, Secret Service and Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Thomas P. Windom and Ray D. McKenzie, who prosecuted the case.
Kentucky veteran sentenced to two years in prison after federal jury found him guilty of defrauding the Veterans Health AdministrationRead the Press Release
HUNTINGTON, W.Va. – A Kentucky man was sentenced today to two years in federal prison and ordered to pay $789,472 in restitution for defrauding the Veterans Health Administration, announced United States Attorney Carol Casto. Phillip M. Henderson, 51, of Olive Hill, was previously found guilty by a federal jury sitting in Huntington following a five-day jury trial. The jury required only an hour of deliberations before finding Henderson guilty.
Henderson served in the United States Army from 1983 to 1986. After he was discharged, Henderson filed multiple claims for benefits with the United States Department of Veterans Affairs (VA). In 1995, Henderson received a diagnosis from the VA of Retinitis Pigmentosa, an inherited and degenerative eye disease which can lead to total blindness. After this diagnosis, Henderson continued to undergo VA eye examinations through 2013, during which time VA medical staff continued to conduct tests to determine the extent of his vision loss. The results of these tests relied significantly, if not completely, on Henderson’s cooperation and accurate reporting of his vision levels.
Witnesses for the United States, including four medical doctors, testified that Henderson falsely responded to the vision testing and significantly misrepresented his vision loss. Witnesses further testified that Henderson pretended he could barely read the letters on the eye charts and pretended that his peripheral vision was severely reduced. As part of his scheme to defraud the VA, Henderson did not reveal that he had a Kentucky driver’s license and that he could and did drive.
Henderson received the maximum disability and healthcare benefits he could get for his claimed disability and vision loss. VA benefits representatives testified that from 1996 to 2015, Henderson received approximately $697,000 in disability compensation. In addition to this monthly monetary compensation, Henderson also received an $11,000 grant to purchase an automobile in 2006, which was intended for another person to drive Henderson, and another $10,000 grant towards the installation of an in-ground swimming pool, which was intended for his exercise and to maintain his well-being as a blind veteran. Furthermore, Henderson received the maximum healthcare benefits possible for him and his family based upon his claimed diagnosis and vision loss. During the same time period, Henderson received the highest priority in getting medical treatment from the VA, free medical and dental services, free prescriptions, reimbursement for travel from his home in Kentucky to the VA Medical Center in Huntington for medical appointments, free training for the blind in Connecticut and Alabama for extended periods of time, and free equipment designed to assist the blind, such as canes, computers, talking telephones, and night vision goggles.
The United States Department of Veterans Affairs – Office of Inspector General, Pittsburgh Resident Agency, and the Federal Bureau of Investigation conducted the investigation. Assistant United States Attorneys Eumi Choi and Jennifer Rada Herrald handled the prosecution and tried the case before a federal jury. Chief United States District Judge Robert C. Chambers imposed the sentence.
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Kearney Man Sentenced to 11 months Incarceration for Selling Misbranded Drugs over the InternetRead the Press Release
United States Attorney Deborah R. Gilg announced that Paul D. Martin, 46, of Kearney, Nebraska, was sentenced on October 17, 2016, to 11 months incarceration by United States District Judge Laurie Smith Camp, for selling misbranded products containing ingredients that increased the risk of cancer. Martin was indicted after FDA Investigators learned that he continued selling foreign products with banned ingredients after being warned that doing so was illegal. The sales occurred over the Internet and through the US mail. Martin pled to one count each of Delivery of Misbranded Drugs, Mail Fraud, and Wire Fraud.
“Selling purported dietary supplements drugs that contain undeclared drug ingredients places the public’s health at risk,” said Acting Special Agent in Charge Spencer E. Morrison, FDA Office of Criminal Investigations’ Kansas City Field Office. “Our office will continue to target our resources to ensure that medicines for U.S. consumers are safe, effective, and properly labeled.”
After serving his 11 month sentence, Martin will be required to serve a Term of Supervised Release of 2 years.
This case was the result of an investigation by the Department of Health and Human Service, Food and Drug Administration.
Justice Department Settles Immigration-Related Discrimination Claim Against American Cleaning CompanyRead the Press Release
The Justice Department reached a settlement today with American Cleaning Company (ACC) resolving claims that the company discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA). ACC is a maintenance and janitorial company based in Brighton, Massachusetts.
The department’s investigation found that from at least Jan. 15, 2009, until at least Sept. 30, 2015, ACC routinely required workers who are not U.S. citizens to produce specific documents for the Form I-9 and E-Verify processes, whereas U.S. citizens were permitted to choose whatever valid documentation they wished to prove their work authorization. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present to prove their work authorization. It is unlawful for an employer to limit employees’ choice of documentation because of their citizenship or immigration status.
Under the terms of the settlement agreement, ACC will pay $195,000 in civil penalties, train its human resources staff on the anti-discrimination provision of the INA and review and revise its policies and procedures to conform to the requirements of the INA’s anti-discrimination provision.
“Federal law prohibits discrimination against workers based on their citizenship or immigration status, including during the employment eligibility verification process,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This Civil Rights Division will continue to protect the rights of lawful, authorized workers to do their jobs without facing discriminatory barriers.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation and intimidation.
To learn more about the 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, immigration status or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.
American Cleaning Company Settlement AgreementJustice Department Reaches Agreement with University of New Mexico to Protect Students from Sexual Assault and HarassmentRead the Press Release
ALBUQUERQUE – The Justice Department reached an agreement today with the University of New Mexico (UNM) to ensure that UNM responds swiftly and effectively to allegations of sexual harassment, including sexual assault, involving students. The agreement resolves the department’s findings of UNM’s non-compliance with Title IX of the Education Amendments of 1972 and Title IV of the Civil Rights Act of 1964.
The department issued a letter of findings on April 22, 2016, after a 16-month investigation into complaints from students alleging that UNM did not respond adequately to their reports of sexual assault. The agreement announced today details specific steps UNM will take to strengthen its procedures, training and practices for investigating and resolving allegations of sexual assault and harassment; to help students, faculty and staff understand their reporting options, duties and obligations with respect to sexual harassment; and to ensure that members of the campus community know where to turn for help. Under the agreement, UNM will:
- provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault;
- ensure that the training includes information about reporting duties, details on where to go for assistance and information on grievance procedures and potential outcomes;
- revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt, reliable, impartial and equitable resolution of sexual harassment and sexual assault allegations;
- adequately investigate or respond to all allegations of sexual harassment, including allegations of retaliation for reporting sexual harassment;
- take prompt and effective steps to eliminate any hostile environment that may arise, prevent its recurrence and address its effects; and
- ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
“No student should ever feel afraid or unsafe at school because his or her campus fails to effectively respond to sexual assault and harassment,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We commend UNM for taking proactive steps to ensure that the entire community of students, staff and faculty fully understand the university’s obligation to respond fairly, promptly and reliably to all incidents of sexual assault and harassment.”
“We are deeply committed to civil rights enforcement, and sexual assault and sexual harassment are civil rights issues,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “Students have the right to live and learn in a safe educational environment, and this agreement provides the foundation that UNM will build on to ensure that this right is both recognized and respected.”
UNM fully cooperated with the department’s investigation and in crafting an agreement that will provide for accountability to the public and for prompt and effective implementation of remedial measures.
The investigation was conducted jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office of the District of New Mexico. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Mexico is available on its website at www.justice.gov/usao/nm.
The enforcement of Title IV and Title IX, both of which bar sex discrimination by public institutions of higher learning, is a top priority of the Civil Rights Division. For more information about the administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.
DOJ UNM AgreementJustice Department Reaches Agreement with University of New Mexico to Protect Students from Sexual Assault and HarassmentRead the Press Release
The Justice Department reached an agreement today with the University of New Mexico (UNM) to ensure that UNM responds swiftly and effectively to allegations of sexual harassment, including sexual assault, involving students. The agreement resolves the department’s findings of UNM’s non-compliance with Title IX of the Education Amendments of 1972 and Title IV of the Civil Rights Act of 1964.
The department issued a letter of findings on April 22, 2016, after a 16-month investigation into complaints from students alleging that UNM did not respond adequately to their reports of sexual assault. The agreement announced today details specific steps UNM will take to strengthen its procedures, training and practices for investigating and resolving allegations of sexual assault and harassment; to help students, faculty and staff understand their reporting options, duties and obligations with respect to sexual harassment; and to ensure that members of the campus community know where to turn for help. Under the agreement, UNM will:
- provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault;
- ensure that the training includes information about reporting duties, details on where to go for assistance and information on grievance procedures and potential outcomes;
- revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt, reliable, impartial and equitable resolution of sexual harassment and sexual assault allegations;
- adequately investigate or respond to all allegations of sexual harassment, including allegations of retaliation for reporting sexual harassment;
- take prompt and effective steps to eliminate any hostile environment that may arise, prevent its recurrence and address its effects; and
- ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
“No student should ever feel afraid or unsafe at school because his or her campus fails to effectively respond to sexual assault and harassment,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We commend UNM for taking proactive steps to ensure that the entire community of students, staff and faculty fully understand the university’s obligation to respond fairly, promptly and reliably to all incidents of sexual assault and harassment.”
“We are deeply committed to civil rights enforcement, and sexual assault and sexual harassment are civil rights issues,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “Students have the right to live and learn in a safe educational environment, and this agreement provides the foundation that UNM will build on to ensure that this right is both recognized and respected.”
UNM fully cooperated with the department’s investigation and in crafting an agreement that will provide for accountability to the public and for prompt and effective implementation of remedial measures.
The investigation was conducted jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office of the District of New Mexico. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Mexico is available on its website at www.justice.gov/usao/nm.
The enforcement of Title IV and Title IX, both of which bar sex discrimination by public institutions of higher learning, is a top priority of the Civil Rights Division. For more information about the administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.
UNM AgreementJury Convicts New York Man for Selling Oxycodone in Vermont over A Six-Year PeriodRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on October 13, 2016, a Burlington jury convicted Michael J. Foreste, aka “Beast,” of Valley Stream, New York of 10 charges related to his oxycodone trafficking in Vermont over a six-year period. Specifically, the jury convicted Foreste, age 36, of (1) conspiring to distribute oxycodone in Vermont from about 2008 through June 2014; (2) seven counts charging distribution of oxycodone; and (3) two counts charging money laundering. The jury returned a not guilty verdict relating to an additional count charging oxycodone distribution. The verdict was returned following a trial spanning two weeks. Senior United States District Judge William K. Sessions III presided over the trial.
The Fourth Superseding Indictment charged Foreste with working with others to sell oxycodone from 2008 through June 2014, including Andre Clarke, Carol Clarke and Dannis Hackney. During that period, Andre Clarke served as a New York City police officer. Earlier this year, Clarke pled guilty to his role in the conspiracy and resigned from the NYPD. His sentencing is scheduled for November 7. In September 2016, Hackney pled guilty to several charges relating to his involvement in the oxycodone scheme. He is also awaiting sentencing. Carol Clarke is under federal indictment for conspiring to distribute oxycodone and awaiting trial.
According to prosecutors, Carol Clarke, who lived in Brooklyn, received a monthly prescription for hundreds of oxycodone to treat her sickle cell disease. She diverted the pills to her brother, Andre Clarke, of Long Island, who supplied them to Foreste. In the early part of the conspiracy, Foreste brought the pills to Vermont himself and sold them with the help of certain local addicts. In April 2012, however, Vermont State Police stopped Foreste in a vehicle on Interstate 91 North and seized 659 oxycodone pills from his person. Based on this event, Foreste sustained a federal conviction in 2013 for possession with intent to distribute oxycodone. He remained on pretrial release throughout that earlier case. After April 2012, Foreste began working with Hackney, of Chittenden County, who sold Foreste’s pills to Burlington area addicts. Foreste eventually began mailing the pills to Hackney via the U.S. Mail Express Mail system. The Clarkes, Foreste, and Hackney transferred drug proceeds using various bank accounts, resulting in Foreste’s two convictions for money laundering. The evidence presented at trial demonstrated that Foreste’s drug distribution in Vermont yielded him illicit profits in excess of $500,000 over the course of the conspiracy. Foreste and Hackney have been in custody since their arrests in June 2014.
Foreste’s sentencing is expected to occur in approximately four months, but is not yet scheduled. He faces a maximum term of imprisonment of twenty years on each count.
The conviction of Foreste was the culmination of a multi-agency investigation and prosecution that began in mid-2014. The collaborative effort was spearheaded by Homeland Security Investigations, with assistance from the Federal Bureau of Investigation, the Drug Enforcement Administration, the Vermont State Police, the Burlington Police Department, and the NYPD. Foreste is represented by Mark Kaplan, of Burlington, and Natasha Sen, of Brandon. The case was prosecuted by Assistant United States Attorneys Christina E. Nolan and Kevin J. Doyle.
Jacksonville Felon Convicted of Possessing A FirearmRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury found Lamar Ivory (25, Jacksonville), also known as “Thug Life,” guilty of possessing a firearm after having been convicted of a felony. He faces a minimum mandatory penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for January 12, 2017.
According to evidence presented at trial, in early 2015, Ivory was a crack cocaine dealer in the north Phillips Highway area of Jacksonville. On April 30, 2015, a Jacksonville Sheriff’s Office patrol officer conducted a traffic stop on a vehicle that had been reported stolen. Ivory was a passenger in the vehicle and was apprehended, along with the driver. During a search of the vehicle, a Sig Sauer P226 9mm pistol was located in the glove compartment directly in front of the passenger seat where Ivory had been sitting.
A trace on the firearm determined that the owner was a Jacksonville criminal defense attorney and firearms collector. The attorney, who subsequently was prosecuted for being in possession of firearms while an unlawful user of crack cocaine, informed agents that Ivory had taken the pistol from him after he had retrieved it from a pawn shop on April 17, 2015. The attorney testified that he knew Ivory by the street name “Thug Life” and that Ivory had been his dealer.
At the time of his arrest, Ivory had multiple prior felony convictions, including armed robbery and drug sales, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in our communities.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Mac D. Heavener and Laura Cofer Taylor.
Iraqi Refugee Convicted of Attempting to Provide Material Support to ISILRead the Press Release
Omar Faraj Saeed Al Hardan, the 24-year-old Houston resident charged with attempting to provide material support or resources to a designated foreign terrorist organization, has pleaded guilty.
U.S. Attorney Kenneth Magidson, Acting Assistant Attorney General for National Security Mary B. McCord, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Division and Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations in Houston made the announcement.
Al Hardan, a refugee born in Iraq, pleaded guilty today to one count of attempting to provide material support – specifically himself – to the Islamic State of Iraq and the Levant (ISIL). Al Hardan entered the U.S. as a refugee on or about Nov. 2, 2009. Prior to entering the country, Al Hardan was in at least two refugee camps in Jordan and Iraq. After being admitted into the U.S. as an Iraqi refugee, he was granted legal permanent residence status on or about Aug. 22, 2011, and had resided in Houston.
In April 2014, federal agents began investigating Al Hardan who had been communicating with a California man whom he understood was associated with Al-Nusrah front. In those communications, the individual had told Al Hardan that he had previously traveled to Syria to fight for Al-Nusrah and discussed plans to return to Syria with Al Hardan to fight for Al-Nusrah.
Beginning in June 2014 and continuing through 2015, Al Hardan also developed a relationship with a Confidential Human Source (CHS). During that time, they discussed traveling overseas to support ISIL in fighting jihad and various ways to assist ISIL. Al Hardan also said he wanted to be trained in building remote transmitter/receiver detonators for improvised explosive devices, wanted to learn to use cell phones as the remote detonators and wanted to build remote detonators for ISIL. Al Hardan indicated he taught himself how to make remote detonators by accessing online training videos and other resources he found online and showed the CHS a circuit board he built to be used as a transmitter for a detonator.
On Nov. 5, 2014, Al Hardan took an oath of loyalty to ISIL, according to the plea agreement. Two days later, Al Hardan and the CHS participated in approximately one hour of tactical weapons training with an AK-47 that Al Hardan indicated he wanted.
During the investigation, Al Hardan had also posted many statements on social media in support of ISIL. One of those included a photo of a Humvee with an ISIL flag. Above the photo, Al Hardan posted, “ISIS yesterday in Iraq, today in Syria and Allah willing, tomorrow in Jerusalem.” He also made numerous statements about his plans to travel to Syria and fight alongside ISIL and become a martyr. In one instance he said “I want to blow myself up. I want to travel with the Mujahidin. I want to travel to be with those who are against America. I am against America.”
Upon his arrest in January 2016, investigators discovered training CDs on how to build remote detonators, electronic circuitry components, tools used to build circuitry, multiple cell phones (that had not been activated), a prayer list for committing Jihad and becoming a martyr and the ISIL flag.
Al Hardan has been and will remain in custody pending his sentencing hearing, set for Jan. 17, 2017. At that time, he faces up to 20 years in federal prison and a possible $250,000 fine.
The FBI’s Joint Terrorism Task Force and HSI conducted the investigation with the assistance of the Houston Police Department. Assistant U.S. Attorneys S. Mark McIntyre and Ralph Imperato are prosecuting the case with assistance of the National Security Division’s Counterterrorism Section.
Iraqi Refugee Convicted of Attempting to Provide Material Support to ISILRead the Press Release
HOUSTON – Omar Faraj Saeed Al Hardan, the 24-year-old Houston resident charged with attempting to provide material support or resources to a designated foreign terrorist organization, has pleaded guilty.
U.S. Attorney Kenneth Magidson, Acting Assistant Attorney General for National Security Mary B. McCord, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Division and Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Houston made the announcement.
Al Hardan, a refugee born in Iraq, pleaded guilty today to one count of attempting to provide material support – specifically himself – to the Islamic State of Iraq and the Levant (ISIL). Al Hardan entered the United States as a refugee on or about Nov. 2, 2009. Prior to entering the country, Al Hardan was in at least two refugee camps in Jordan and Iraq. After being admitted into the U.S. as an Iraqi refugee, he was granted legal permanent residence status on or about Aug. 22, 2011, and had resided in Houston.
In April 2014, federal agents began investigating Al Hardan who had been communicating with a California man whom he understood was associated with Al-Nusrah front. In those communications, the individual had told Al Hardan that he had previously traveled to Syria to fight for Al-Nusrah and discussed plans to return to Syria with Al Hardan to fight for Al-Nusrah.
Beginning in June 2014 and continuing through 2015, Al Hardan also developed a relationship with a Confidential Human Source (CHS). During that time, they discussed traveling overseas to support ISIL in fighting jihad and various ways to assist ISIL. Al Hardan also said he wanted to be trained in building remote transmitter/receiver detonators for improvised explosive devices, wanted to learn to use cell phones as the remote detonators and wanted to build remote detonators for ISIL. Al Hardan indicated he taught himself how to make remote detonators by accessing online training videos and other resources he found online and showed the CHS a circuit board he built to be used as a transmitter for a detonator.
On Nov. 5, 2014, Al Hardan took an oath of loyalty to ISIL, according to the plea agreement. Two days later, Al Hardan and the CHS participated in approximately one hour of tactical weapons training with an AK-47 that Al Hardan indicated he wanted.
During the investigation, Al Hardan had also posted many statements on social media in support of ISIL. One of those included a photo of a Humvee with an ISIL flag. Above the photo, Al Hardan posted, “ISIS yesterday in Iraq, today in Syria and Allah willing, tomorrow in Jerusalem.” He also made numerous statements about his plans to travel to Syria and fight alongside ISIL and become a martyr. In one instance he said “I want to blow myself up. I want to travel with the Mujahidin. I want to travel to be with those who are against America. I am against America.”
Upon his arrest in January 2016, investigators discovered training CDs on how to build remote detonators, electronic circuitry components, tools used to build circuitry, multiple cell phones (that had not been activated), a prayer list for committing Jihad and becoming a martyr and the ISIL flag.
Al Hardan has been and will remain in custody pending his sentencing hearing, set for Jan. 17, 2017. At that time, he faces up to 20 years in federal prison and a possible $250,000 fine.
The FBI’s Joint Terrorism Task Force and HSI conducted the investigation with the assistance of the Houston Police Department. Assistant U.S. Attorneys S. Mark McIntyre and Ralph Imperato are prosecuting the case with assistance of the National Security Division’s Counterterrorism Section.
Hudson Man Pleads Guilty to Stealing Deceased Mother's Social Security BenefitsRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Robert Duquette, 74, of Hudson, pleaded guilty today in the United States District Court for the District of New Hampshire to one count of Theft of Public Money.
According to court records and statements in Court, Duquette’s mother was receiving widow’s benefits from the Social Security Administration at the time of her death in October 2006. After her death, Social Security continued to deposit these monthly benefits into a bank account Duquette held jointly with his mother. Duquette failed to advise Social Security that it was making payments erroneously to his deceased mother. Instead, he withdrew the monies from the account and used them for his own personal expenses for over seven years. Because his mother’s death was not reported to Social Security, Duquette was able to convert approximately $101,250 in Social Security benefits to his own use.
Duquette is scheduled to be sentenced on January 24, 2017.
The case was investigated by the Social Security Administration’s Office of the Inspector General and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Hershey Woman Sentenced to 9 Years for Distributing Child PornographyRead the Press Release
Rayanne Paulman, 35, of Hershey, Nebraska, was sentenced in federal court in Lincoln for conspiring to distribute child pornography. The Honorable Richard G. Kopf, Senior United States District Court Judge, sentenced Paulman to 9 years of imprisonment. There is no parole in the federal system. After her release from prison, Paulman will begin a ten-year term of supervised release.
Paulman sent a number of sexually explicit images of prepubescent children over Facebook Messenger. A search warrant was executed at her residence on December 11, 2015. Forensic analysis of her digital devices revealed 6 videos of child pornography. Paulman distributed some of these images with her boyfriend. In addition to the images, text messages were recovered. Those messages involved discussions about the child pornography exchanged between Paulman and her boyfriend. Other messages discussed certain children known to the two of them that they could sexually abuse.
This case was investigated by the North Platte Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Glenmont Woman Pleads Guilty to Social Security FraudRead the Press Release
ALBANY, NEW YORK – Tammy A. Grumme, age 41, of Glenmont, New York, pled guilty today to stealing nearly $80,000 from the Social Security Administration (SSA), including $40,629 in benefits intended for her son.
The announcement was made by U.S. Attorney Richard S. Hartunian and John F. Grasso, Special Agent in Charge of the SSA Office of the Inspector General, New York Field Office.
As part of her plea, Grumme admitted that in 2011, 2012, and 2013, she submitted forms to the SSA claiming that she cared for her son and that her son resided with her when her son was no longer in her custody and did not live with her. Grumme also admitted that she reported that her son resided with her because she knew she would not be entitled to benefits if he resided elsewhere. As a result of her misrepresentations, she received $37,629 in benefits she was not entitled to receive and an additional $40,629 in benefits that should have been paid to her son.
Grumme faces up to 10 years in prison, a $250,000 fine, and post-imprisonment supervised release of up to 3 years when she is sentenced on February 14, 2017 by Senior United States District Judge Frederick J. Scullin, Jr. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Former Vice Chairman of the Joint Chiefs of Staff Pleads Guilty to Federal Felony in Leak InvestigationRead the Press Release
Washington, D.C. – Retired General James E. Cartwright, age 67, of Gainesville, Virginia, pleaded guilty today to making false statements in connection with the unauthorized disclosure of classified information.
The announcement was made by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Attorney General for National Security Mary B. McCord; and Assistant Director in Charge Paul M. Abbate of the Federal Bureau of Investigation - Washington Field Office
“People who gain access to classified information after promising not to disclose it must be held accountable when they willfully violate that trust,” said U.S. Attorney Rod J. Rosenstein. “We conducted a thorough and independent investigation that included collecting tens of thousands of documents through subpoenas, search warrants and document requests, and interviewing scores of current and former government employees. The evidence showed that General Cartwright disclosed classified information without authorization to two reporters and lied to federal investigators. As a result, he stands convicted of a federal felony crime and faces a potential prison sentence.”
“General Cartwright violated the trust that was placed in him by willfully providing information that could endanger national security to individuals not authorized to receive it and then lying to the FBI about his actions,” said Acting Assistant Attorney General McCord. “With this plea, he will be held accountable.”
“Today, General Cartwright admitted to making false statements to the FBI concerning multiple unauthorized disclosures of classified information that he made to reporters,” said Assistant Director in Charge Abbate. “This was a careful, rigorous, and thorough multi-year investigation by special agents who, together with federal prosecutors, conducted numerous interviews to include Cartwright. The FBI will continue to take all necessary and appropriate steps to thoroughly investigate individuals, no matter their position, who undermine the integrity of our justice system by lying to federal investigators.”
According to his plea agreement, Cartwright is a retired U.S. Marine Corps four-star general who served as the Vice Chairman of the Joint Chiefs of Staff from August 31, 2007, to August 3, 2011, and as Commander of the U.S. Strategic Command from 2004 to 2007. During that time, Cartwright held a top secret security clearance with access to sensitive compartmented information (SCI).
Cartwright signed more than 36 non-disclosure agreements related to Department of Defense programs. The forms explain that the recipient is obligated by law and regulation not to disclose classified information without authorization. The forms also contain warnings that any breach of the agreement may violate federal criminal law. In addition, Cartwright received annual training about handling classified information.
On September 1, 2011, Cartwright retired from the U.S. Marine Corps. Upon his retirement, Cartwright maintained his top secret clearance. The clearance enabled him to engage in consulting and private employment, including sitting on a special committee of the board of directors of a defense contractor, which oversaw the company’s classified U.S. government contracts.
At the time of his retirement, Cartwright again signed a “Classified Information Non-Disclosure Agreement,” which included warnings “that unauthorized disclosure…by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation.”
Between January and June 2012, Cartwright disclosed classified information to two reporters without authorization. Some of the information disclosed to the reporters was classified at the top secret level. Each reporter included the classified information in published articles. In addition, classified information that Cartwright communicated to one reporter was included in a book.
FBI agents interviewed Cartwright on November 2, 2012. During the interview, Cartwright gave false information to the interviewing agents, including falsely stating that he did not provide or confirm classified information to the first reporter and was not the source of any of the quotes and statements in that reporter’s book. In addition, Cartwright falsely stated that he had never discussed a particular country with the second reporter, when in fact, Cartwright had confirmed classified information about that country in an email to the reporter.
Cartwright faces a maximum sentence of five years in prison for making false statements to federal investigators. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court. U.S. District Judge Richard J. Leon has scheduled sentencing for January 17, 2017.
U.S. Attorney Rod J. Rosenstein and Acting Assistant Attorney General McCord commended the FBI for its work in the investigation and thanked Assistant U.S. Attorneys Leo J. Wise and Deborah A. Johnston, Justice Department National Security Division Counterintelligence and Export Control Section Trial Attorney Elizabeth Cannon, and U.S. Attorney’s Office National Security Chief Harvey Eisenberg, who are handling the prosecution.
Former Vice Chairman of the Joint Chiefs of Staff Pleads Guilty to Federal Felony in Leak InvestigationRead the Press Release
Retired General James E. Cartwright, 67, of Gainesville, Virginia, pleaded guilty to making false statements in connection with the unauthorized disclosure of classified information. The guilty plea was entered in the District of Columbia.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Rod J. Rosenstein for the District of Maryland and Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office.
“General Cartwright violated the trust that was placed in him by willfully providing information that could endanger national security to individuals not authorized to receive it and then lying to the FBI about his actions,” said Acting Assistant Attorney General McCord. “With this plea, he will be held accountable.”
“People who gain access to classified information after promising not to disclose it must be held accountable when they willfully violate that promise,” said U.S. Attorney Rosenstein. “We conducted a thorough and independent investigation included collecting tens of thousands of documents through subpoenas, search warrants and document requests, and interviewing scores of current and former government employees. The evidence showed that General Cartwright disclosed classified information without authorization to two reporters and lied to federal investigators. As a result, he stands convicted of a federal felony offense and faces a potential prison sentence.”
“Today, General Cartwright admitted to making false statements to the FBI concerning multiple unauthorized disclosures of classified information that he made to reporters,” said Assistant Director in Charge Abbate. “This was a careful, rigorous, and thorough multi-year investigation by special agents who, together with federal prosecutors, conducted numerous interviews, to including Cartwright. The FBI will continue to take all necessary and appropriate steps to thoroughly investigate individuals, no matter their position, who undermine the integrity of our justice system by lying to federal investigators.”
According to his plea agreement, Cartwright is a retired U.S. Marine Corps four-star general who served as the Vice Chairman of the Joint Chiefs of Staff from Aug. 31, 2007, to Aug. 3, 2011, and as Commander of the U.S. Strategic Command from 2004 to 2007. During that time, Cartwright held a top secret security clearance with access to sensitive compartmented information (SCI).
Cartwright signed more than 36 non-disclosure agreements related to Department of Defense programs. The forms explain that the recipient is obligated by law and regulation not to disclose classified information without authorization. The forms also contain warnings that any breach of the agreement may violate federal criminal law. In addition, Cartwright received annual training about handling classified information.
On Sept. 1, 2011, Cartwright retired from the U.S. Marine Corps. Upon his retirement, Cartwright maintained his top secret clearance. The clearance enabled him to engage in consulting and private employment, including sitting on a special committee of the board of directors of a defense contractor, which oversaw the company’s classified U.S. government contracts.
At the time of his retirement, Cartwright again signed a “Classified Information Non-Disclosure Agreement,” which included warnings “that unauthorized disclosure…by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation.”
Between January and June 2012, Cartwright disclosed classified information to two reporters without authorization. Some of the information disclosed to the reporters was classified at the top secret level. Each reporter included the classified information in published articles. In addition, the classified information that Cartwright communicated to one reporter was included in a book.
FBI agents interviewed Cartwright on Nov. 2, 2012. During the interview, Cartwright gave false information to the interviewing agents, including falsely stating that he did not provide or confirm classified information to the first reporter and was not the source of any of the quotes and statements in that reporter’s book. In addition, Cartwright falsely stated that he had never discussed a particular country with the second reporter, when in fact, Cartwright had confirmed classified information about that country in an email to the reporter.
Cartwright faces a maximum sentence of five years in prison for making false statements to federal investigators. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court. U.S. District Judge Richard J. Leon has scheduled sentencing for January 17, 2017.
Acting Assistant Attorney General McCord and U.S. Attorney Rosenstein commended the FBI for its work in the investigation and thanked Assistant U.S. Attorneys Leo J. Wise and Deborah A. Johnston of the District of Maryland, Trial Attorney Elizabeth Cannon of the National Security Division’s Counterintelligence and Export Control Section and National Security Chief Harvey Eisenberg of the U.S. Attorney’s Office, who are handling the prosecution.
Former Leavenworth Prison Guard Sentenced for Taking BribesRead the Press Release
KANSAS CITY, KAN. - A former guard at the U.S. Penitentiary in Leavenworth was sentenced to two years on probation Monday for taking bribes, Acting U.S. Attorney Tom Beall said. In addition, he was ordered to serve six months home confinement and pay $4,800 in fines.
Michael Harston, 53, Kansas City, Mo., pleaded guilty to one count of conspiracy to accept bribes and one count of accepting bribes. In his plea, he admitted accepting bribes to provide inmates with tobacco, which is contraband. Inmates coordinated with their families and friends outside prison to pay Harston. They paid Harston as much as $1,000 for one six-ounce can of Bugler loose tobacco.
Beall commended the FBI, the Justice Department’s Office of Inspector General Special, USP Leavenworth SIS and Assistant U.S. Attorney Leena Ramana for their work on the case.
Former Hancock County, West Virginia, Sheriff’s Deputy convicted of using excessive forceRead the Press Release
WHEELING, WEST VIRGINIA – Former Sheriff’s Deputy Mark A. Cowden, 51, of Weirton, West Virginia, was convicted by jury today of using excessive force against an arrestee, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and United States Attorney William J. Ihlenfeld, II, of the Northern District of West Virginia.
Following a five-day trial, a jury found Cowden guilty of “Deprivation of Rights.” Evidence presented at trial established that Cowden, who was then serving as a Lieutenant with the Hancock County Sheriff’s Office, used excessive force upon an arrestee in handcuffs in the lobby of the Hancock County Sheriff’s Office in January of 2015. Jurors were shown evidence that Cowden forced the arrestee face-first into a brick wall, slammed the arrestee’s head into the wall, and then punched the arrestee in the back of the head with a closed-fist. The entire incident was captured by video surveillance.
“When law enforcement officials flout the law they take an oath to uphold, their actions erode trust in our public institutions,” said Principal Deputy Assistant Attorney General Gupta. “Like all communities, the people of Hancock County expect and deserve a justice system anchored in accountability. The Justice Department will continue to prosecute criminal misconduct that offends the core purpose and mission of law enforcement.”
“When Mark Cowden became a deputy sheriff he promised to serve and protect all citizens,” said U.S. Attorney Ihlenfeld. “He broke that promise when he physically assaulted a handcuffed man. His actions should not reflect upon the vast majority of officers who bravely perform their jobs each day with professionalism and integrity.”
The Federal Bureau of Investigation began investigating the matter in March 2016 when the case was referred to it by the U.S. Attorney’s Office. Assistant U.S. Attorney Jarod J. Douglas of the Northern District of West Virginia and Trial Attorney Nicholas Murphy from the Civil Rights Division’s Criminal Section prosecuted the case.
Cowden faces up to ten years in prison and a fine of up to $250,000 as a result of his conviction. Under the Federal Sentencing Guidelines, the actual sentence imposed for each charge will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Cowden was found not guilty of “Obstruction of Justice - Falsification of Documents.”
Senior U.S. District Judge Frederick P. Stamp, Jr., presided.
Former Hancock County, West Virginia, Sheriff’s Deputy Convicted of Using Excessive ForceRead the Press Release
Former Hancock County, West Virginia, Sheriff’s Deputy Mark A. Cowden, 51, of Weirton, West Virginia, was convicted by jury today of using excessive force against an arrestee, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney William J. Ihlenfeld II of the Northern District of West Virginia.
Following a five-day trial, a jury found Cowden guilty of one count of deprivation of rights. Evidence presented at trial established that Cowden, who was then serving as a lieutenant with the Hancock County Sheriff’s Office, escorted a handcuffed arrestee into a Hancock County building in order to process his arrest. Once Cowden and five other officers entered the building with the arrestee, Cowden slammed the handcuffed arrestee face-first into a brick wall and punched him in the head.
“When law enforcement officials flout the law they take an oath to uphold, their actions erode trust in our public institutions,” said Principal Deputy Assistant Attorney General Gupta. “Like all communities, the people of Hancock County expect and deserve a justice system anchored in accountability. The Justice Department will continue to prosecute criminal misconduct that offends the core purpose and mission of law enforcement.”
“When Mark Cowden first became a deputy sheriff, he promised to serve and protect all citizens,” said U.S. Attorney Ihlenfeld. “He broke that promise when he physically assaulted a handcuffed man. His actions should not reflect upon the vast majority of officers who bravely perform their jobs everyday with professionalism and integrity.”
Cowden faces up to 10 years in prison and a fine of up to $250,000.
The case was investigated by the FBI. Assistant U.S. Attorney Jarod J. Douglas of the Northern District of West Virginia and Trial Attorney Nicholas Murphy from the Civil Rights Division’s Criminal Section prosecuted the case.
Former Bullitt County, Kentucky, Deputy Sheriff Sentenced to 27 Months in Prison for Civil Rights ViolationsRead the Press Release
Former Bullitt County, Kentucky, Sheriff’s Deputy Matthew Corder, of Louisville, Kentucky, was sentenced today to 27 months in prison for willfully depriving a county resident of his constitutional rights, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney John E. Kuhn Jr. of the Western District of Kentucky.
The evidence presented at trial established that Corder abused his authority as a sworn law enforcement officer by retaliating against a Bullitt County resident who insulted him. Corder went after the man, unlawfully entered the man’s home, tased him in the back, arrested him without probable cause and charged him with crimes that he did not commit, causing the man to sit in jail for weeks and lose his job. The charges that Corder falsely levied against the victim – disorderly conduct, fleeing and evading and resisting arrest – were eventually dismissed.
“By violating the law and abusing the public’s trust, Corder undermined the integrity of the justice system in Bullitt County,” said Principal Deputy Assistant Attorney General Gupta. “Every day, the vast majority of law enforcement officials work tirelessly and honorably to keep communities safe yet those who flout the law do a disservice to their colleagues and their profession. The Justice Department will continue its steadfast efforts to ensure that when officers violate civil rights, we hold them accountable for their misconduct.”
“As they serve and protect, police are entrusted with immense power and authority,” said U.S. Attorney Kuhn. “And it is absolutely critical that their power and authority be used lawfully and responsibly. Matthew Corder abused that authority, and today he is held to account. His actions are not representative of the good and honorable work that distinguishes our law enforcement agencies in the Western District of Kentucky.”
Corder was sentenced today by U.S. District Judge David J. Hale of the Western District of Kentucky.
This case was investigated by the FBI’s Louisville Division, and was prosecuted by Assistant U.S. Attorney Amanda Gregory of the Western District of Kentucky and Trial Attorney Christopher J. Perras of the Civil Rights Division’s Criminal Section.
Former Bullitt County, Kentucky, Deputy Sheriff Matthew Corder Sentenced to 27 Months in Prison for Civil Rights ViolationsRead the Press Release
LOUISVILLE, Ky. – A former deputy with the Bullitt County, Kentucky, Sheriff’s Office was sentenced today to 27 months in federal prison and one year of supervised release, by United States District Judge David J. Hale, for willfully depriving a county resident of his constitutional rights, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and United States Attorney John E. Kuhn Jr. of the Western District of Kentucky. There is no parole in the federal prison system.
The evidence presented at trial established that Matthew Corder, of Louisville, Kentucky, abused his authority as a sworn law enforcement officer by retaliating against a Bullitt County resident who insulted him. Corder went after the man, unlawfully entered the man’s home, tased him in the back, arrested him without probable cause and charged him with crimes that he did not commit, causing the man sit in jail for weeks and to lose his job. The charges that Corder falsely levied against the victim – disorderly conduct, fleeing and evading and resisting arrest –were eventually dismissed.
“As they serve and protect, police are entrusted with immense power and authority,” stated U.S. Attorney John Kuhn, “and it is absolutely critical that their power and authority be used lawfully and responsibly. Matthew Corder abused that authority, and today he is held to account. His actions are not representative of the good and honorable work that distinguishes our law enforcement agencies in the Western District of Kentucky.”
“By violating the law and abusing the public’s trust, Corder undermined the integrity of the justice system in Bullitt County,” said Principal Deputy Assistant Attorney General Gupta. “Every day, the vast majority of law enforcement officials work tirelessly and honorably to keep communities safe yet those who flout the law do a disservice to their colleagues and their profession. The Justice Department will continue its steadfast efforts to ensure that when officers violate civil rights, we hold them accountable for their misconduct.”
Corder was convicted of two counts of willfully depriving a Bullitt County man of his constitutional rights under color of law, by a federal jury, in Louisville, on July 22, 2016. The four-day trial included testimony from the victim, the victim’s sister and the other officer on scene, which corroborated the victim’s account. The instructors from the police academy who trained Corder also testified to the fact that he knew what the law permits and knew that his conduct violated the victim’s constitutional rights. Evidence included Corder’s false arrest report as well as body-camera footage of the arrest.
Corder was further ordered by the court to pay restitution to the victim in an amount to be determined within 90 days.
This case was investigated by the FBI’s Louisville Division, and was prosecuted by Assistant U.S. Attorney Amanda Gregory of the Western District of Kentucky and Trial Attorney Christopher J. Perras of the Civil Rights Division’s Criminal Section.
Former Arkansas State Judge Charged with Fraudulently Dismissing Cases and Tampering with WitnessesRead the Press Release
A former Arkansas State Judge was charged in an indictment unsealed today for perpetrating a fraud and bribery scheme in which he dismissed cases on his docket in exchange for personal benefits, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.
O. Joseph Boeckmann, 70, of Wynne, Arkansas, was charged with eight counts of wire fraud and honest services wire fraud, 11 counts related to bribery and two counts of witness tampering in an indictment filed on Oct. 4, 2016, in the Eastern District of Arkansas. Boeckmann was arrested today and made his initial appearance this afternoon.
As alleged in the indictment, from 2010 to 2015, Boeckmann served as a district judge for the First Judicial District of Arkansas. In his capacity as a district judge, Boeckmann dismissed traffic citations and misdemeanor criminal charges for young men in exchange for acts that he claimed were “community service,” but which actually benefited Boeckmann himself. The indictment alleges that on some occasions, Boeckmann used his access to these individuals during their purported “community service” in order to take photographs of the men in compromising positions. On other occasions, he allegedly dismissed cases in exchange for photographing the men while they were naked, among other things.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI investigated this case with assistance of the Arkansas State Police and the Arkansas Judicial Discipline and Disability Commission. Trial Attorneys Jonathan Kravis and Peter Halpern of the Criminal Division’s Public Integrity Section and Special Prosecutor Jack McQuary of the Arkansas Prosecuting Attorney’s Association are prosecuting the case.
Federal Jury Convicts El Paso Man in Connection with Murder-For-Hire PlotRead the Press Release
In El Paso, 41-year-old Samuel Velasco Gurrola faces mandatory life in federal prison after a jury convicted him this afternoon of his role in a murder-for-hire plot announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, Drug Enforcement Administration (DEA) Special Agent in Charge Will R. Glaspy, and Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist.
Jurors convicted Gurrola of three counts of conspiracy to commit murder in a foreign country and four counts of conspiracy to cause foreign travel for murder for hire. According to evidence presented in during trial, in 2008, Velasco Gurrola was married to Ruth Sagredo Escobedo. At the time, Velasco Gurrola was under indictment in El Paso County for aggravated sexual assault of a child and indecency with a child.
Evidence further revealed that from September 2008 until November 2008, the defendant conspired with his brother, 30-year-old Emmanuel Velasco Gurrola and his sister, 44-year-old Dalia Valencia, and others to kill Sagredo while in Mexico in order to prevent her from testifying in the State case.
Testimony revealed that Samuel Velasco Gurrola arranged to have Sagredo’s father and sister killed in an attempt to lure Sagredo to Mexico. On October 3, 2008, Francisco Maria Sagredo Villareal, Gurrola’s father-in-law, was murdered in his house in Ciudad Juarez, Chihuahua, Mexico. On November 20, 2008, Francisco’s daughter, Cinthia Sagredo Escobedo, was murdered in Ciudad Juarez. Two days later, while traveling to her sister Cinthia’s funeral, Ruth Sagredo Escobedo was ambushed and murdered.
Prior to jury selection, Emmanuel Velasco Gurrola pleaded guilty to three counts of conspiracy to kill in a foreign country and one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute; Dalia Valencia pleaded guilty to one count of conspiracy to violate the RICO statute. Emmanuel Velasco Gurrola and Dalia Valencia both face up to life in federal prison. Sentencings are scheduled as follows: Emmanuel Velasco Gurrola – December 6, 2016; Dalia Valencia – December 15, 2016; and, Sammy Velasco Gurrola -- January 25, 2017. All three remain in federal custody pending sentencing.
This investigation was conducted by the Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation with assistance from the United States Marshals Service and the El Paso Police Department. Assistant United States Attorneys Daphne Newaz and John Gibson are prosecuting this case on behalf of the Government.
Federal Grand Jury Returns Indictment Charging Maryland Man with Attempting to Provide Material Support to ISILRead the Press Release
Greenbelt, Maryland – A federal grand jury charged Nelash Mohamed Das, age 24, a citizen of Bangladesh residing in Landover Hills, Maryland, today with attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a foreign terrorist organization.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Attorney General for National Security Mary B. McCord; and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
The indictment alleges that from October 2015 to September 30, 2016, Das knowingly attempted to provide material support and resources to a foreign terrorist organization, namely ISIL. Further, the indictment alleges that Das knew that ISIL is a designated foreign terrorist organization and engages in terrorist activity.
According to court documents ISIL members and supporters have posted identifying information about United States military personnel in hopes that those inspired by ISIL would carry out attacks against them. Das allegedly planned to kill a U.S. military member in support of ISIL.
If convicted, Das faces a maximum sentence of 20 years in prison.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein commended the FBI’s Joint Terrorism Task Force for its work in the investigation Mr. Rosenstein thanked his office’s national security prosecutors that are handling the matter, and recognized the Justice Department’s National Security Division, Counterterrorism Section, for its support.
District Man Pleads Guilty to Murder Charge for Killing Man After Home InvasionRead the Press Release
WASHINGTON – Joseph Jennings, Jr., 35, of Washington, D.C., pled guilty today to a charge of second-degree murder while armed for killing a man this year after breaking into his condominium in Northwest Washington, U.S. Attorney Channing D. Phillips announced.
Jennings pled guilty in the Superior Court of the District of Columbia. He is to be sentenced Dec. 16, 2016, by the Honorable Michael Ryan.
According to the government’s evidence, Jennings spent the early morning of Jan. 22, 2016 getting high at his residence in Southeast Washington. Later that morning, according to the government’s evidence, Jennings joined with two other men in a plan to break into a condominium in the 400 block of M Street NW and steal marijuana. At about 9:48 a.m., Jennings used an object to forcibly pry open the locked front door to the building. One of his accomplices waited nearby, while Jennings and the other man continued inside. As they attempted to gain entry to the unit through a sliding glass balcony door, the victim, Matthew Shevlin, fled out of the front door and began screaming for help.
Jennings chased Mr. Shevlin, and a struggle ensued before Mr. Shevlin got away. The other man, meanwhile, took a mason jar of marijuana from the apartment. Mr. Shevlin threw a flower pot at the man’s head and got into a second struggle with Jennings. During this struggle, Jennings shot Mr. Shevlin, 37, who later died of multiple gunshot wounds.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate James Brennan and Supervisory Paralegal Specialist Sharon Newman. Finally, he expressed appreciation for the work of Assistant U.S. Attorney David Misler, who is investigating and prosecuting the matter.
Crips Gang Member Sentenced to 11 Years in Federal Prison for Armed Robbery and Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Donte Powell, a/k/a “Rain,” age 29, of Washington, D.C. and Columbia, Maryland, on October 14, 2016, to 11 years in prison followed by three years of supervised release for robbery, and being a felon in possession of a firearm. Powell is currently serving a 20-year state sentence for an unrelated armed robbery and Judge Russell ordered that the federal sentence was to be served consecutive that sentence.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Gary Gardner of the Howard County Police Department; Howard County State’s Attorney Dario Broccolino; and Chief Richard McLaughlin of the Laurel Police Department.
According to his plea agreement, Powell is a member of the Crips gang and is affiliated with the set called “Dogghouse Crips.” Powell admitted that on January 21, 2014, he and co-defendant Avery Terry robbed the CVS Pharmacy in Elkridge, Maryland at gun point. A store video camera recorded the robbery, including the distinctive clothing worn by the robbers. Powell was armed with a black handgun. Powell had a previous felony conviction and was prohibited from possessing a gun or ammunition.
On January 26, 2014, Howard County Police arrested Desmick Lewis in connection with a January 23, 2014 robbery and homicide. At the time of his arrest, Lewis was in a car driven by Avery Terry. Police recovered a black .38 caliber revolver, different from the gun used in the CVS robbery, from under the driver’s seat where Terry was sitting.
A Howard County detective who was investigating the CVS robbery was also participating in the execution of the arrest warrant that day. The detective noticed clothing in Terry’s car that matched the distinctive clothing worn by the Powell and Terry during the CVS robbery on January 21. Law enforcement executed a search warrant at Terry’s home and recovered a mask and other clothing matching that worn by one of the CVS robbers.
Powell was arrested on February 3, 2014 in Laurel. According to Laurel Police, an officer spotted a car without its lights on just after 1 a.m., traveling the wrong way on a one-way street. When officers began pursuing the driver, they saw a naked man jump out of the passenger side of the car. The driver crashed shortly thereafter, flipping the car. The naked man told police he was the victim of an armed robbery. After Powell’s arrest, a loaded .40 caliber pistol was recovered from the car. That gun was subsequently identified as the gun used in the CVS robbery. Powell pleaded guilty to the armed robbery and was sentenced to 20 years in prison. While serving his sentence, Powell continued to state his allegiance to the Crips gang in recorded jail calls and in letters.
Subsequent investigation revealed Powell and Terry had additional knowledge of the January 23, 2014, robbery/homicide. Evidence presented at the sentencing reflected that Powell, Terry, Lewis, and others involved in the robbery/homicide met after the murder and discussed what had happened. Call records show that between January 21 and January 26, 2014, there were also frequent telephone communications between Powell, Terry, Lewis, and others involved in the robbery/homicide.
Avery Terry, age 23, of Laurel, Maryland, pleaded guilty in U.S. District Court to the robbery of the CVS Pharmacy on January 21, 2014, in Elkridge, Maryland, and to using and brandishing a firearm during that robbery. In addition, Terry pleaded guilty to being an accessory after the fact to the January 23, 2014 robbery and murder. Terry was sentenced to 181 months in prison.
Desmick Lewis, age 24, of Columbia, pleaded guilty in Howard County Circuit Court to his role in the January 23, 2014 robbery and murder and was sentenced to life in prison
United States Attorney Rod J. Rosenstein commended the ATF, Howard County Police Department, Laurel Police Department, and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Sandra Wilkinson and Lauren E. Perry, who prosecuted the case.
Casey County, Kentucky, Convicted Felon Guilty of Multiple Charges Including Sale and Distribution of A Controlled Substance and Being an Armed Career CriminalRead the Press Release
BOWLING GREEN, Ky. – A Casey County, Kentucky felon recently pleaded guilty in United States District Court before District Judge Greg N. Stivers, to multiple charges including being an armed career criminal, possession and distribution of a controlled substance, and possession of firearms by a convicted felon, announced United States Attorney John E. Kuhn, Jr.
Jerry Wayne Threatt II, age 39, of Liberty, Kentucky pleaded guilty to all charges in a ten count indictment and agreed to a sentence of 180 months in prison on October 11, 2016. Threatt remains in the custody of the United States Marshals Service and is scheduled for sentencing hearing in Bowling Green, before Judge Stivers on January 5, 2017, at 10am CST.
According to the plea agreement, Threatt sold a firearm and crystal methamphetamine, from his Liberty, Kentucky, home to a confidential informant on September 8, 2015, and on September 30, 2015. Further, on October 23, 2015, Threatt was observed and recorded selling a firearm and crystal meth to an informant in a grocery store parking lot located in Liberty.
In addition to the prison sentence, Threatt will forfeit a vehicle; U.S. currency totaling $3,290; a Jimenez Arms 9millimeter semi-automatic handgun; a KELTEC 9millimeter semi-automatic pistol; a Para-Ordinance, Model P16, 40 caliber pistol; a Hi-Point, Model JH 45 caliber pistol; a Ruger, 9 millimeter semi-automatic pistol; and Remington, Model 110012 gauge shotgun.
This case is being prosecuted by Assistant United States Attorney Randy Ream and is being investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kentucky State Police (DESI West), and Casey County (Kentucky) Sheriff’s Department.
Cahokia men sentenced to federal prison for armed robberyRead the Press Release
On October 13, 2016, Undray Webb, 27, and Durand Harper, 27, both of Cahokia, Illinois, received federal prison terms for armed robbery, Donald S. Boyce, United States Attorney for the Southern District of Illinois announced today.
Webb was sentenced to 21 years in prison. On November 5, 2015, Webb had pled guilty to all six counts of an indictment, which charged him with two counts of Conspiracy to Interfere with Commerce by Robbery and Interference with Commerce by Robbery, which are violations of the Hobbs Act, and with two counts of Use and Carry of a Firearm During a Crime of Violence in connection with the armed robbery of the Alps Grocery Store that occurred in Cahokia on December 11, 2014 and the armed robbery of Shop n’ Save that occurred in Cahokia on January 11, 2015. In addition to the prison sentence, Webb was also ordered to pay $8,700 in restitution to the victims and a $600 special assessment. Webb will be on federal supervised release for 5 years once he is released from prison.
Harper was sentenced to four years in prison. On January 14, 2016, Harper had pled guilty to all three counts of an indictment, which charged him with Conspiracy to Interfere with Commerce by Robbery, Interference with Commerce by Robbery, and Use of a Firearm During a Crime of Violence, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today. The Armed Robbery counts arise from the federal Hobbs Act, which makes it a crime to obstruct, delay or affect interstate commerce by robbery, and is used by United States Attorney Boyce as a way to combat armed robbery in
the Southern District of Illinois. Following his prison sentence, Harper will be on federal supervised release for 3 years. Harper was also ordered to pay restitution in the amount of $7,000.
Documents filed in the U.S. District Court establish that on December 11, 2014, Webb, Lamarcus Jackson and Byron Holton entered the Alps Grocery Store, located at 800 Upper Cahokia Road, in Cahokia, Illinois, masked and armed with three firearms. Webb, Jackson and Holton pointed the firearms at the store employees and took approximately $1,700 from the registers and a safe and fled the store.
The documents further establish that one month later, on January 11, 2015, Webb, Jackson, Holton, and a fourth conspirator, Devante Hodges entered the Shop n’ Save, located at 1028 Camp Jackson Road in Cahokia, Illinois, masked, gloved and armed with firearms. Webb, Jackson, Holton and Hodges pointed the firearms at employees and customers within the store. Holton jumped the service counter and demanded the employees place money from the safe into a black book bag while Webb, Jackson and Hodges stood guard at the door with their firearms. Webb, Jackson, Holton and Hodges then left the store and fled the area in a getaway vehicle being driven by Harper. Approximately $7,000 was stolen during the robbery.
During an interview by law enforcement, Webb admitted to being one of the three gunmen who robbed the Alps Grocery Store and identified Holton and Jackson as the other two gunmen. Webb also admitted to being one of the four gunmen who robbed the Shop n’ Save a month later and identified Holton, Jackson and Hodges as the other three gunmen and Harper as the getaway driver. Webb admitted that he received approximately $1,000 in proceeds from the Shop n’ Save robbery.
Harper was also interviewed by law enforcement. During the interview Harper identified Holton, Webb, Jackson and Hodges as the four men who robbed the Shop n’ Save at gunpoint. Harper admitted that he was aware of their plan to rob the grocery store at gunpoint and that he drove the four gunmen away from the area of the Shop n’ Save after the robbery. Harper received approximately $300 in proceeds for his participation in the robbery.
In February of 2016, Jackson pled guilty to a six-count indictment, and in June of 2016, was sentenced to 44 ½ years in prison. In July of 2015, Hodges pled guilty to a three count indictment, and in November of 2015 was sentenced to 9 ½ years in prison. On October 3, 2016, Holton was tried and found
guilty by a jury of one count of Conspiracy to Interfere with Commerce by Robbery. He is scheduled to be sentenced on February 9, 2017.
The case was investigated by the Cahokia Police Department, the Sauget Police Department and the Federal Bureau of Investigation. The case is assigned to Assistant United States Attorney Ali Summers for prosecution.
Brookline Man Convicted by Federal Jury of Million Dollar Insider Trading SchemeRead the Press Release
BOSTON – A Brookline man was convicted today by a federal jury in Boston of conspiracy and securities fraud after tipping off two friends in connection with an insider trading scheme that netted more than $1 million in illegal profits.
Amit Kanodia, 49, was convicted following a six-day jury trial of one count of conspiracy and 10 counts of securities fraud, with each count representing the purchase of Cooper Tire securities by co-conspirators Iftikar Ahmed and Steven Watson. Kanodia was acquitted of eight additional counts of securities fraud related to other purchases made by Ahmed and Watson. U.S. District Court Judge Nathaniel G. Gorton scheduled sentencing for Jan. 18, 2017 at 3pm. Ahmed remains a fugitive from justice. Watson has pleaded guilty and is set to be sentenced in November.
In the spring of 2013, Kanodia tipped off his two friends, Ahmed and Watson, about the contemplated acquisition of Cooper Tire & Rubber Company by India-based Apollo Tyre. Kanodia learned about the possible acquisition from his wife who was the General Counsel of Apollo at the time. In the months leading up to the public announcement of the acquisition, both Ahmed and Watson purchased shares and options in Cooper Tire which trades on the New York Stock Exchange. On the day of the announcement, Cooper Tire’s share price increased 41% and Ahmed and Watson began selling their interests in the company for a combined profit of more than $1 million. Both Ahmed and Watson paid Kanodia a portion of their illegal profits.
The conspiracy statute provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain/loss, whichever is greater. The securities fraud statute provides for a sentence of no greater than 20 years in prison, five years of supervised release and a fine of $5 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The U.S. Attorney’s Office received valuable assistance from the Securities & Exchange Commission. Assistant U.S. Attorneys Sarah E. Walters, Chief of Ortiz’s Economic Crimes Unit, and Brian Perez-Daple, also of Ortiz’s Economic Crimes Unit are prosecuting the case.
Border Brothers Gang Member Sentenced to 12 Years’ Imprisonment Following Convictions for Forced Labor, Robbery, and Firearms-Related OffenseRead the Press Release
SAN FRANCISCO – Michael “Guantes” Acosta was sentenced this morning to twelve years’ imprisonment for his role in a 2013 jewelry robbery, a high-speed chase and crash that ended in Oakland, Calif., and a scheme to prostitute an underage female victim against her will for 30 days, announced United States Attorney Brian J. Stretch and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin. The sentence was handed down by Honorable Jon S. Tigar, U.S. District Judge.
The sentence follows a guilty plea entered June 10, 2016. According to the plea agreement, Acosta, 23, of Oakland, admitted that in January of 2013, he conspired with three other people to rob a jewelry store owner at gunpoint. The owner was transporting a briefcase full of jewelry from his home to the store when Acosta, with the help of other Border Brothers members and associates, robbed him in the driveway of the storeowner’s home. Acosta further admitted that after the stolen jewelry was sold, he obtained $15,000 for his share of the robbery proceeds and used the funds to purchase a black Mercedes. In late March of 2013, Acosta used the Mercedes to transport an underage victim to a residence of another Border Brothers member where Acosta and others forced the underage female to stay at the co-conspirator’s residence for over 30 days. Acosta also assisted others with prostituting the victim and keeping her against her will at the residence. In addition, in August of 2013, Acosta led police on a high speed chase through residential streets in Oakland. Acosta crashed the black Mercedes into the front yard of a home and his car landed on top of another vehicle. At the time of his arrest, Acosta was in possession of a loaded semi-automatic pistol and several balloons containing heroin. Acosta was charged with conspiracy to commit robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a); carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c); possession of a controlled substance, in violation of 21 U.S.C. § 844; and forced labor, in violation of 18 U.S.C. §§ 1589(a) and 2. Pursuant to his plea agreement, Acosta pleaded guilty to all the charges except carrying a firearm during and in relation to a crime of violence, which was dismissed.
In addition to the prison term, Judge Tigar sentenced Acosta to three years of supervised release and ordered him to pay $86,570 in restitution. Acosta has been in custody since his arrest in 2013 and will begin serving his sentence immediately.
Assistant U.S. Attorney Cynthia Frey is prosecuting the case with the assistance of Daniel Charlier-Smith and Elise Etter. The prosecution is the result of an investigation by HSI and the Oakland Police Department.
Boone County heroin dealer pleads guilty to federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Boone County drug dealer pleaded guilty today to a federal heroin crime, announced United States Attorney Carol Casto. Christopher Priestley, 38, of Bloomingrose, entered his guilty plea to distribution of heroin.
Priestley admitted that he sold heroin to a confidential informant working with law enforcement on four occasions from July to December 2015. The drug deals took place in Bloomingrose and Seth in Boone County.
Priestley faces up to 20 years in federal prison when he is sentenced on January 12, 2017.
The U.S. Route 119 Drug Task Force conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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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Atlantic County, New Jersey, Man Sentenced to 33 Months in Prison for Possessing Child Pornography, Sending Lewd Image to A MinorRead the Press Release
CAMDEN, N.J. - An Egg Harbor Township, New Jersey, man was sentenced today to 33 months in prison for using online messaging applications to solicit nude photos from minors and transmit a lewd photo to a girl, U.S. Attorney Paul J. Fishman announced.
Zackary McFerren, 24, previously pleaded guilty before U.S. District Judge Jerome B. Simandle to an information charging him with one count of possession of child pornography and one count of transferring obscene matter to a minor. Judge Simandle imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
McFerren admitted that between March 2015 and May 2015, he possessed multiple images of child pornography on his home computer. He also admitted that in April 2015, he used the “Kik” messaging application under the screen name “Emily” to communicate with a minor girl in the Philadelphia area. McFerren admitted that during the conversations, he asked the minor girl and her friend to take nude photographs of themselves and their genitalia. The girl then sent McFerren at least 14 such photographs.
In addition, McFerren admitted that in September 2015, he used Snapchat to send a picture of his penis to a Florida girl who was under the age of 16.
In addition to the prison term, Judge Simandle sentenced McFerren to five years of supervised release and fined him $2,000.
U.S. Attorney Fishman credited the FBI’s Child Exploitation Task Force, including special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and detectives of the Atlantic County Prosecutor’s Office, under the direction of Prosecutor James P. McClain, with the investigation leading to today’s sentencing. He also thanked the FBI’s Philadelphia Division, the Egg Harbor Township Police Department and the Bay County, Florida, Sheriff’s Office for their assistance.
The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney's Office Criminal Division in Camden.
Defense counsel: Edward Crisonino, Esq., Collingswood, New Jersey
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Houston James David Green, 24, of Chunchula, Alabama, was sentenced to 10 years in federal prison this morning. Green had entered a guilty plea to two charges, conspiracy to possess with intent to distribute methamphetamine and carrying a firearm in furtherance of a drug trafficking felony, in April of this year. Court documents reveal that Green was arrested three times in four months, and each time law enforcement officers found him in possession of methamphetamine ice, cash and guns.
United States District Court Judge Kristi K. Dubose imposed the 10-year sentence after observing at the sentencing hearing that the likelihood of recidivism was high, based on her review of the facts of his case. The sentence consisted of five years on the drug count and five years on the gun count, to be served consecutively. She also ordered that Green will commence a five-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Green will be subject to testing and treatment for drug abuse. Judge Dubose also ordered that Green pay $200 in special mandatory assessments. The judge entered a separate forfeiture order for each of the guns seized from Green during the investigation.
The case was investigated by the Mobile County Sheriff’s Office, the Saraland Police Department, the Citronelle Police Department and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Americans with Disabilities Act Settlement Removes Architectural Barriers at A Reading YMCA FacilityRead the Press Release
PHILADELPHIA – The YMCA of Reading & Berks County has entered into a settlement agreement with the United States to resolve an allegation that a YMCA facility located at 631 Washington Street in Reading, Pennsylvania, contains architectural barriers in violation of the Americans with Disabilities Act.
The settlement arises out of a complaint that the United States received alleging that the YMCA’s facility on Washington Street is not accessible to individuals who have mobility impairments. After conducting an investigation, the United States identified architectural barriers to access relating to a parking area, entrance signs, swimming pool lift, and a restroom facility.
To resolve the matter, the YMCA of Reading & Berks County has agreed to modify the facility’s family-friendly restroom in a manner that complies with the applicable standards for accessible design under the Americans with Disabilities Act. The YMCA of Reading & Berks County has also agreed provide a van accessible parking space located on the shortest accessible route to the facility’s entrance ramp and to install a directional sign indicating the location of an accessible entrance at all inaccessible entrances at the facility. In addition, the YMCA of Reading & Berks County has agreed to install a vertical sign identifying the accessible parking spaces, and a directional sign indicating the location of the facility’s accessible toilet/bathing room at all inaccessible toilet/bathing rooms. The YMCA of Reading & Berks County has further agreed to install a new swimming pool lift that complies with the standards for accessible design.
The YMCA of Reading & Berks County agreed to take these actions on a timetable, and the United States reserved its right to review the facility’s compliance at any time.
The U.S. Attorney’s Office for the Eastern District of Pennsylvania is committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about architectural barriers to access under the Americans with Disabilities Act may access www.ada.gov, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at www.ada.gov/filing_complaint.htm.
The case was handled by Assistant U.S. Attorneys Paul W. Kaufman and Michael S. Macko.
Albuquerque Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Darrel Salazar, 48, of Albuquerque, N.M., pled guilty today in federal court to brandishing a firearm during an attempted armed bank robbery. The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD).
Salazar was arrested on Jan. 12, 2016, by the FBI on a criminal complaint charging him with attempted bank robbery. According to the complaint, on Jan. 11, 2016, Salazar attempted unsuccessfully to rob the branch of the Bank of America located at 3101 Carlisle Blvd. NE in Albuquerque. The criminal complaint alleged that, Salazar entered the bank where he allegedly passed a note demanding cash to a bank teller and brandished a firearm at the teller in an effort to rob the bank. Salazar left the bank without obtaining any cash and was apprehended shortly thereafter in the vicinity of a nearby convenience store by APD officers.
Salazar was subsequently indicted on Feb. 9, 2016, and charged with robbing the Wells Fargo Bank located at 5555 Montgomery Blvd., on Jan. 11, 2016; the attempted bank robbery of the Bank of America located at 3101 Carlisle Blvd. on Jan. 11, 2016, and brandishing a firearm during the attempted bank robbery of the Bank of America on Jan. 11, 2016. According to the indictment, Salazar committed the crimes in Bernalillo County, N.M.
During today’s proceedings, Salazar pled guilty to brandishing a firearm during a crime of violence. In entering the guilty plea, Salazar admitted that on Jan. 11, 2016, he entered the Bank of America on 3101 Carlisle Blvd. in Albuquerque, armed with a firearm. Salazar further admitted that he approached the bank teller, passed a handwritten note demanding money and brandished a firearm at the teller when the teller failed to comply with his demand.
At sentencing, Salazar faces a mandatory minimum penalty of seven years and a maximum of life in prison. Salazar remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and APD. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Accountant Sentenced for Filing False Tax ReturnsRead the Press Release
BOSTON – A Granby, Mass. accountant was sentenced today in U.S. District Court in Worcester in connection with filing false tax returns.
James Lowe, 53, was sentenced by U.S. District Court Judge Timothy S. Hillman to four months in prison and one year of supervised release, with the first three months to be served in home detention. In June 2016, he pleaded guilty to three counts of filing false corporate tax returns for his accounting business and three counts of filing false personal income tax returns from 2011 to 2013.
Lowe was the owner of an accounting and tax return preparation business in Chicopee. From 2011 to 2013, Lowe under-reported his income on both his corporate and personal income tax returns by not disclosing certain checks generated from his accounting business. Rather than depositing the checks into his business bank account, Lowe cashed some of these checks and deposited some of them into his personal bank account. The false tax returns resulted in more than $118,000 in tax loss.
United States Attorney Carmen M. Ortiz and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Alex Grant prosecuted the case.
6.5-Year Prison Sentence for California to Connecticut Marijuana Distribution and Money Laundering ConspiracyRead the Press Release
FRESNO, Calif. — Thanousone Volarat, 36, of Fresno, was sentenced Monday by United States District Judge Dale A. Drozd to six years and six months in prison for conspiring to manufacture and distribute marijuana, money laundering, and escaping from the Fresno County Jail, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, beginning in 2009, Volarat and his co-conspirators began purchasing marijuana from sources in California and Oregon. In 2010, Volarat moved to California in order to grow and distribute marijuana for profit under the guise of medicinal marijuana. He was involved in distributing the marijuana both inside and outside of California. Between October 2010 and July 2011, Volarat and his co-conspirators shipped 11 packages of marijuana grown in Fresno and Madera counties primarily to addresses in Connecticut. The marijuana packages were seized by agents.
To finance the distribution conspiracy, proceeds from the marijuana sales were sent from Connecticut to Fresno and other places on the West Coast through structured wires or money transfers. In order to avoid currency transaction reports that banks file for any deposit or withdrawal above $10,000, the defendants kept the deposits and withdrawal below $10,000, a process known as structuring. Structured deposits were made at banks in Connecticut, which were immediately followed by structured withdrawals at bank branches on the West Coast. Human couriers also carried large amounts of the marijuana proceeds on airline flights between the East and West Coasts. Between October 2009 and September 2011, Volarat and his co-conspirators transferred approximately $3 million in marijuana proceeds from the East Coast to the West Coast.
After Volarat was arrested, he was held at the Fresno County Jail pending trial. He was taken to a Fresno medical facility to receive out-patient treatment. While there, he was permitted to use a restroom, where he slipped off his handcuffs, unlocked a back door, and fled. He remained out of custody for nearly a month until he was recaptured by the United States Marshals Service in Los Angeles County. In sentencing Volarat, Judge Drozd noted that his criminal activities were extremely large in scale and also noted that Volarat faces severe ongoing medical issues.
This case was the product of an investigation by the Organized Crime Drug Enforcement Task Force, a program that focuses on large-scale drug trafficking organizations and enables cooperative work between local, state, and federal law enforcement. Drug Enforcement Administration offices in Connecticut and Fresno, East Central Narcotics Task Force in Connecticut, United States Postal Inspector, Internal Revenue Service-Criminal Investigation, the United States Marshals Service, and the Fresno and Madera County Sheriff’s Offices participated in the investigation. Eastern District of California Assistant United States Attorneys Laurel J. Montoya and Kevin Rooney, and District of Connecticut Assistant United States Attorney Geoffrey Stone prosecuted the case.
Volarat’s co-defendants, Phonephitack Volarat and Adam Khamvongsay, have been previously sentenced to federal prison for their involvement in the conspiracy.