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Wednesday 24 August 2016
Prior Felon from Albuquerque Sentenced to Eight Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trinidad Gallegos, 47, of Albuquerque, N.M., was sentenced today in federal court to eight years in federal prison followed by three years of supervised release for his conviction on federal firearms charges, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.
Gallegos was arrested in July 2015, on an indictment charging him with assaulting a federal law enforcement officer with a deadly weapon and being a felon in possession of a firearm and ammunition on Aug. 20, 2014, in Bernalillo County, N.M. On that day, Gallegos was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Gallegos has been convicted of possession of a controlled substance, possession and uttering of counterfeit obligations and securities, making false statement, larceny, forgery, conspiracy to commit unlawful taking of a vehicle, possession of methamphetamine with intent to distribute, possession of a firearm or destructive device by a felon and felon in possession of a firearm and ammunition.
On Nov. 19, 2015, Gallegos pled guilty to being a felon in possession of firearms and ammunition. Gallegos admitted that on Aug. 20, 2014, he possessed a shotgun and ammunition in a tow truck. As he attempted to flee from law enforcement officers, Gallegos crashed the tow truck into a vehicle driven by a federal law enforcement officer. Gallegos admitted that after colliding with the officer, he backed the tow truck down the street and crashed into another vehicle. Gallegos then ran away and broke into homes as he attempted to evade arrest. Gallegos acknowledged that as a convicted felon, he was not allowed to possess firearms or ammunition.
This case was investigated by the Albuquerque offices of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Paul Mysliwiec prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
President of Two Nonprofits Sentenced to One Year in Prison for Stealing Nearly $500,000 from State of MinnesotaRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of ROBERTA BARNES, 59, to 12 months in prison. BARNES pleaded guilty in December 2014 to using two nonprofit entities to defraud the State of Minnesota for more than $480,000. BARNES was sentenced today before Chief U.S. District Judge John R. Tunheim in U.S. District Court in Minneapolis, Minn.
According to her guilty plea and documents filed in court, BARNES was the president of two St. Paul-based nonprofit organizations, Agape House for Mothers (“Agape”) and Sierra Young Family Institute (“Sierra”). Through Agape and Sierra, BARNES won approximately $1.7 million in grant funds from by the Minnesota Department of Health (“MDH”) and the Minnesota Housing Finance Agency (“MHFA”).
From 2002 until May 2012, BARNES applied for and received grant money from MDH and MHFA to combat teen pregnancy and provide housing assistance to needy families. Instead, BARNES spent more than $480,000 of the grant funds on personal expenses for herself and her family; she attempted to conceal her fraud scheme by creating fraudulent invoices that reflected false expenses incurred by Agape and Sierra.
This case is the result of an investigation conducted by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services.
Assistant U.S. Attorney Benjamin Langner prosecuted this case.
Defendant Information:ROBERTA BARNES, 59
St. Paul, Minn.Convicted:
• Mail Fraud, 1 countSentenced:
• 12 months + 1 day in prison
• 2 years supervised release
• Restitution to be determinedPhiladelphia Doctor Convicted in Scheme to Defraud Social SecurityRead the Press Release
Philadelphia - A jury yesterday convicted Dr. Frederick Douglas Burton, 68 of Conshohocken of two counts of mail fraud and attempted mail fraud for lying to help a friend apply for social security disability benefits.
In 2013, Dr. Burton signed two letters which falsely stated that his friend, another doctor named Dennis Erik Fluck Von Kiel, was suffering from post-traumatic stress disorder and could not work as a result. The letters falsely stated that Dr. Burton had been treating Dr. Von Kiel for PTSD for seven years, and that Dr. Von Kiel's condition had recently worsened to the point where he could no longer work and would not be able to work for at least the next twelve months. Dr. Burton was charged with mailing the letters to lawyers who specialized in bringing claims for social security disability benefits.
Dr. Von Kiel had previously pleaded guilty to 17 charges, including the same two mail fraud and attempted mail fraud charges for which the jury convicted Dr. Burton. Dr. Von Kiel is serving a 41-month sentence.
Sentencing of Dr. Burton is scheduled for December 5, 2016.
The case was investigated by IRS Criminal Investigations and the FBI. It is being prosecuted by Assistant United States Attorney Mark B. Dubnoff.
Pennsylvania man sentenced for oxycodone distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – William Montague, III, 25, of Darby, Pennsylvania was sentenced to 50 months in prison for oxycodone distribution, United States Attorney William J. Ihlenfeld, II, announced.
Montague admitted to distributing oxycodone in Monongalia County, WV. He pled guilty in March 2016 to one count of “Distribution of Oxycodone.”
Assistant United States Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force investigated.
U.S. District Judge Irene M. Keeley presided.
Pennsylvania Man Sentenced on Federal Drug ChargeRead the Press Release
ROANOKE, VIRGINIA – A Pennsylvania man, who previously pled guilty to federal heroin charges, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
Orlando Sanchez, 30, of Reading, Pennsylvania, previously guilty today to one count of conspiracy to distribute 100 grams or more of heroin. Today in District Court, Sanchez was sentenced to 60 months in federal prison.
“Heroin addiction is increasing at alarming rates,” United States Attorney Fishwick said today. “We will continue to work to prosecute those who trafficking in this dangerous drug while also providing support for prevention and treatment programs for those addicted to this deadly substance.”
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Town of Vinton Police Department, the Roanoke City Police Department and the Roanoke County Police Department. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Overdose Investigation Leads to Heroin Distribution Charges Against Waterbury ManRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that JAMES HAYES, also known as “T.Y.,” 32, of Waterbury, was arrested on heroin distribution offenses earlier this week. The charges stem from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
HAYES is charged by criminal complaint with possession with intent to distribute, and distribution of, heroin, and conspiracy to distribute heroin. The charges carry a maximum term of imprisonment of 20 years on each count.
According the complaint, on June 16, 2016, Monroe Police and emergency medical personnel responded to a residence in Monroe on report of a possible heroin overdose and found an unresponsive 32-year-old female on the floor of her bedroom. The victim was pronounced deceased shortly thereafter. Investigators seized various items that were located in the bedroom, including several empty wax folds and one wax fold that contained suspected heroin. It is alleged that HAYES distributed heroin that was consumed by the victim shortly before her death.
HAYES was arrested on August 22, 2016. He appeared yesterday before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was ordered detained.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, Monroe Police Department and Waterbury Police Department. The Task Force includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe, Fairfield and Manchester Police Departments, and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.
Oregon man charged with cyberstalking, making interstate threatsRead the Press Release
An Oregon man was charged with cyberstalking and other offenses for making numerous threats to his former co-workers and law enforcement officials.
Michael A. Hagar, 46, was charged with one count of cyberstalking and two counts of interstate threatening communication.
Hagar was employed at a Goodyear store in Salem, Oregon, from 2011 through 2013. He was employed by Eaton in Portland, Oregon, from 2014 through 2015. He was involuntarily terminated from both positions, according to the indictment.
Hager sent numerous threatening e-mails to at least seven former co-workers at Eaton and Goodyear in 2015 and 2016, as well as threatening emails to law enforcement officials in Oregon. The e-mails he sent traveled through Eaton and Goodyear data centers in Northeast Ohio, according to the indictment.
In 2016, Hagar was personally served with a temporary stalking protective order ordering him to stop any contact with an Eaton employee identified as R.G. He was also arrested for trespassing on Goodyear property in Oregon, according to the indictment.
On May 30, 2016, he sent an email to R.G. and Oregon law enforcement officials with the subject line: “I AM GOING TO RUIN EVERYONE OF YOU(R) LIVES,” according to the indictment.
This case is being prosecuted by Assistant U.S. Attorneys Daniel J. Riedl and Om Kakani following an investigation by the FBI.
If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
New Haven Man Sentenced to 66 Months in Prison for Federal Assault and Narcotics OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that CHRISTOPHER GRAHAM, also known as “Ugg,” 29, of New Haven, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 66 months of imprisonment, followed by five years of supervised release, for federal assault and narcotics offenses.
On September 30, 2015, a federal grand jury in New Haven returned a 34-count indictment against GRAHAM and five co-defendants charging various racketeering, violent crimes in aid of racketeering, firearms, money laundering and narcotics distribution offenses. The indictment described a criminal enterprise known as the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang that operated in New Haven from 2011 through 2015, which was engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies.
GRAHAM was a member of the RSGB in 2014. As part of his gang membership, on December 23, 2014, he committed a violent assault of an individual over a .40 caliber pistol that the victim allegedly stole from him. GRAHAM committed the assault along with another RSGB member whom he had called to the scene after realizing the victim had stolen the gun.
In addition, on multiple occasions between October 2014 and December 2014, GRAHAM either distributed or possessed with the intent to distribute crack cocaine.
GRAHAM has been detained since his arrest on October 6, 2015. On January 22, 2016, he pleaded guilty to one count of assault in aid of racketeering and one count of possession with the intent to distribute crack cocaine.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department. The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.
An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted by Assistant U.S. Attorneys Robert M. Spector and Peter D. Markle. A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.
New Carrollton Man Sentenced to Three Years in Federal Prison for Stealing over $110,000 in Social Security BenefitsRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Calelah John Lattisaw, age 58, of New Carrollton, Maryland, today to three years in prison, followed by three years of supervised release, for wire fraud arising from a scheme to steal $110,107 in social security benefits. Judge Hollander ordered that Lattisaw be taken into custody immediately to begin serving his sentence.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General, Philadelphia Field Division; and John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury - Office of Inspector General.
According to his guilty plea, in February 1993, Lattisaw began receiving Supplemental Security Income through the Social Security Administration (SSA) for a disability. In order to receive benefits, Lattisaw was required to report to SSA information regarding his income, resources and living arrangements. Lattisaw admitted that at the time of his application, he concealed from SSA that he was living with two other individuals, both of whom were also receiving SSA benefits.
In addition, Lattisaw took steps to hide additional income and assets from SSA. Specifically, in 1997, Lattisaw was living with his sister-in-law, S.L., who died on November 23, 1997. At the time of her death S.L. was receiving Social Security Survivor Benefits, as well as a D.C. pension, administered by the U.S. Treasury. Both benefits were paid by direct deposit to her bank account. Prior to her death, Lattisaw was added as a co-signor to S.L.’s bank account under the name John. H. Lattisaw, using the social security number of another individual, B.K. Neither SSA, nor the U.S. Treasury were advised of S.L’s death. Although Lattisaw knew that he had no legal entitlement to S.L.’s beneifts, he withdrew virtually all of the SSA and pension benefits from S.L.’s account via ATM withdrawals and debit purchases. Lattisaw did not advise SSA of this additional income, and because he had used an alias and the SSN of another person on the bank account, any check run by SSA to locate additional income would have been unsuccessful.
In 2003, while Lattisaw was receiving S.L.’s benefits and his own SSI benefits, Lattisaw married an elderly woman, M.B. Shortly after marrying M.B., Lattisaw attempted to sell her home, but her family blocked the sale and had the marriage annulled. In 2006, Lattisaw moved M.B. out of her nursing facility and into the home he shared with his girlfriend. Lattisaw remarried M.B. and became power of attorney over one of her bank accounts and the co-signor on another bank account, again using his alias, John H. Lattisaw, and B.K.’s SSN. M.B. died on June 11, 2006 at Lattisaw’s home. Five days later, Lattisaw liquidated a certificate of deposit at one of M.B’s accounts and withdrew $161,000. Lattisaw subsequently deposited those funds into a new account opened in the name of his alias, using B.K.’s SSN. Lattisaw did not report the change in his living conditions, nor this additional income to SSA.
Had SSA been aware of Lattisaw’s income, resources, or living arrangements, he would not have qualified for SSI benefits. Between 2000 and 2015, Lattisaw received $110,107 in SSI benefits to which he was not entitled.
United States Attorney Rod J. Rosenstein commended the Social Security Administration - Office of Inspector General and U.S. Department of the Treasury - Office of Inspector General for their work in the investigation and thanked Special Assistant U.S. Attorney Lauren E. Perry and Assistant U.S. Attorney Tamera L. Fine, who prosecuted the case.
Muskogee Man Sentenced to 60 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that DEAUNDRE DEANGELO CHATMAN, age 30, of Muskogee, Oklahoma, was sentenced to 60 months imprisonment, followed by 3 years of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The charge is a result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation Violent Crime Task Force. The defendant was indicted in February, 2016.
The Indictment alleged that on or about November 13, 2015, within the Eastern District of Oklahoma, the defendant having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Edward Snow represented the United States.
Muldrow Man Sentenced to 106 Months for Charges Relating to Firearm Possession in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that EDWARD ROBERT SALDANA II, age 30, of Muldrow, Oklahoma, was sentenced to 46 months for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2) and POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE AND OXYCODONE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
SALDANA was sentenced to 60 months for POSSESSION OF FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME, in violation of Title 18, United States Code, Section 924(c)(1)(A). The sentences were ordered to run consecutive for a total of 106 months in the custody of the Bureau of Prisons. The Court also imposed a term of 3 years of supervised release.
The charges arose from an investigation by the Sallisaw Police Department and the Drug Enforcement Administration. The defendant was indicted in February, 2016 and pled guilty in March, 2016.
The Indictment alleged that on or about December 10, 2015, within the Eastern District of Oklahoma, the defendant, knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine and a mixture or substance containing a detectable amount of oxycodone, Schedule II controlled substances.
It further alleged that on the same date, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and did so in furtherance of a drug trafficking crime.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Chris Wilson represented the United States.
Mississippi Man Sentenced to Eight Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, was sentenced today to serve 96 months in prison for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
On March 13, Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Dakhlalla to serve a 15-year term of supervised release.
Dakhlalla pleaded guilty to conspiring with Jaelyn Delshaun Young, 20, also of Starkville, to provide material support to ISIL. Young pleaded guilty to the same charge on March 30 and was sentenced to serve 12 years in prison to be followed by 15 years of supervised release on Aug. 11.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case was prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Man Sentenced to Eight Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
WASHINGTON – Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, was sentenced today to serve 96 months in prison for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
On March 13, Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Dakhlalla to serve a 15-year term of supervised release.
Dakhlalla pleaded guilty to conspiring with Jaelyn Delshaun Young, 20, also of Starkville, to provide material support to ISIL. Young pleaded guilty to the same charge on March 30 and was sentenced to serve 12 years in prison to be followed by 15 years of supervised release on Aug. 11.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case was prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Businessman Charged with Bribery of Former Corrections CommissionerRead the Press Release
Jackson, Miss – Guy E. "Butch" Evans, 61, of Jackson, has been charged with paying bribes and kickbacks to former Mississippi Department of Corrections Commissioner (MDOC) Christopher B. Epps in exchange for exclusive access to sell insurance products to MDOC employees, announced Acting U.S. Attorney Harold Brittain, and FBI Special Agent in Charge (SAC) Donald Alway.
Evans is charged in a two count indictment with conspiracy to commit honest services wire fraud and bribery. According to the indictment, beginning in 2012 and continuing until 2014, Evans gave Epps bribes and kickbacks in exchange for the exclusive access to sell insurance products to MDOC employees. The indictment alleges that, beginning in January 2013 and continuing through May 2014, Evans received approximately $4,300 per month from the products sold through his exclusive access and he made cash payments to Epps ranging from $1,400 to $1,700 per month.
Acting U.S. Attorney Harold Brittain stated: "Corrupt individuals who place the integrity of government at risk will be held accountable for their actions. The U.S. Attorney’s Office and our law enforcement partners remain unwavering in our commitment to root out public corruption at all levels and to restore the public trust."
FBI Special Agent in Charge Donald Alway applauded the investigators and prosecutors, whose hard work and determined efforts revealed these additional participants in this conspiracy of public corruption and led to the charges announced today. "Individuals and companies who do business with the government are held to a high standard of accountability," said Alway. "When these individuals decide to use the government to supplement themselves at the public’s expense, they can expect the FBI to come knocking to hold them accountable. The FBI in Mississippi will continue to work alongside our local, state and federal law enforcement partners to identify and investigate those that criminally exploit the government."
Evans made his initial appearance today before U.S. Magistrate Judge F. Keith Ball. The case has been set for trial on October 3, 2016 before U.S. District Judge Henry T. Wingate. The maximum penalty for the conspiracy count is 20 years in prison and a $250,000.00 fine. The maximum penalty for the bribery count is 10 years in prison and a $250,000.00 fine.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Mary Helen Wall.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Mexican National Charged with Illegal Re-EntryRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg charged a Mexican national, Heriberto Barrueta-Diaz, age 28, with illegal re-entry into the United States by a previously deported alien. He was previously convicted of illegal entry in Arizona and removed from the United States in 2010.
This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement. Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 2 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican National Charged with Illegal Re-EntryRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg has charged Gerardo Medina with illegal re-entry into the United States by a previously deported felon. Medina, 28, is a native and citizen of Mexico. He was previously convicted of simple assault in Adams County and of illegal entry into the United States. He was previously removed from the United States in 2008 and 2011.
This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement. Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Memphis Man Sentenced to Life for Sex Trafficking of MinorsRead the Press Release
U.S. Attorney Kenneth A. Polite announced TIMOTHY JONES a/k/a “Lucci,” “King Lucci,” “Lucci Loco,” age 26, was sentenced for his role in sex trafficking two minors into the New Orleans area for the purposes of those minors engaging in prostitution. In February 2016, JONES was convicted by a federal jury on all eight counts with which he was charged, including conspiracy to commit sex trafficking, sex trafficking two minor females through the use of force, fraud, and coercion, transporting a minor across state lines for the purpose of her engaging in prostitution.
U.S. District Judge Martin L.C. Feldman sentenced JONES to life imprisonment, restitution in the amount of $13,688.00 ($5,046 to minor victim 1 and $8,642.00 to minor victim 2), a special assessment of $800.00, and supervised release after the term of imprisonment.
According to evidence presented at trial, in early December 2013, JONES met and began recruiting Minor Victim 1, a 17-year-old female from Baton Rouge, to work for him in prostitution, performing numerous “dates” per day, based on quotas he set for her. JONES promised Victim 1 that she would enjoy a better life replete with travel, luxury, and safety by joining “Team Lucci,” JONES’s name for the “stable” of prostitutes he operated. For approximately three weeks, Minor Victim 1 worked for JONES, before escaping the New Orleans area. JONES “paid” Minor Victim 1 a total of $10 for her work. JONES beat Victim 1 for a variety of transgressions, including not being respectful, not earning enough money from prostitution, and trying to leave him. He also forced Minor Victim 1 to have sex with him as a way to ensure her submission and to “try out” the product he sold.
In early January 2014, JONES and a co-conspirator recruited Minor Victim 2, a sixteen-year-old female, in Memphis and coerced her to work for him in prostitution. JONES then took Minor Victim 2 to Louisville, Kentucky, to work in prostitution. Thereafter, JONES transported Minor Victim 2 to New Orleans to work for him in prostitution. Minor Victim 2 worked for JONES, under his direction and the supervision of his co-conspirator, until February 11, 2014, when a United States Marshals Task Force recovered her and arrested JONES at a hotel in downtown New Orleans.
JONES required Victim 1 and Victim 2 to give him all of the money they earned from engaging in prostitution. JONES advertised prostitution dates with Victim 1 and Victim 2 using an online classified website and also forced them to solicit prostitution dates on Bourbon Street and on Chef Menteur Highway. JONES instructed both victims on how much to charge for sex, how to solicit “dates,” and how to avoid detection by law enforcement. He also instructed them to steal credit cards, wallets, cash, and other valuables from customers. Other females testified at trial that JONES exploited them in a similar manner.
JONES used a variety of means to control his victims, whom he knew were minors. JONES beat Victim 1 and Victim 2 to punish them for disrespecting him or not earning enough money. He also slapped and punched them to keep them from leaving him. Once, after JONES located Minor Victim 2 when she tried to escape Jones’s control, Jones used a ruse to lure her to a hotel room, where he sadistically beat her. Further, while in front of Minor Victim 1 and Minor Victim 2, JONES brutally beat other females who worked for him as prostitutes as a means of threatening and intimidating his minor victims into complying with his demands. When Minor Victim 2 said that she could no longer handle the pressure of being alone in a strange city and felt ill, JONES told her that she had to earn him more money—“real” money—before he would let her have medicine or return home.
“Sex trafficking of minors is one of the most reprehensible criminal offenses imaginable,” said U.S. Attorney Polite. “A life sentence for this defendant sends the strongest message possible: our community will not tolerate this heinous conduct. Just as importantly, we are committed to helping the victims to recover from these crimes and move forward with productive lives.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation – New Orleans Division and the U.S. Immigration and Customs Enforcement – Homeland Security Investigations, with cooperation from the FBI’s Memphis Field Office in investigating this matter. Assistant United States Attorneys Jordan Ginsberg and Jonathan L. Shih were in charge of the prosecution.
Maryland Woman Sentenced to 12 Months in Prison for Conspiring to Taking Part in Scheme Involving Prescription and Health Care FraudRead the Press Release
WASHINGTON – Novella White, 53, of Accokeek, Md., was sentenced today to 12 months in prison on federal charges of conspiracy to obtain controlled substances by prescription fraud and participating in a health care fraud scheme, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
White pled guilty on April 14, 2016, in the U.S. District Court for the District of Columbia. She was sentenced by the Honorable Richard J. Leon. He also ordered her to pay $5,442 in restitution representing her share of illegal proceeds obtained from various health care plans. Following her prison term, she will be placed on three years of supervised release.
A co-defendant, Claire Elizabeth Rice, 69, of Silver Spring, Md., pled guilty on Feb. 25, 2016 to the same charges. Rice was sentenced on July 1, 2016, to a 10-month prison term. As part of the plea agreement, Rice agreed to pay $16,175, representing her share of illegal proceeds.
Both defendants were charged in a federal indictment returned in 2014. In her plea, White admitted to a statement of offense concerning her conduct. She admitted that, from 2008 to 2013, she passed 127 forged prescriptions for drugs, including oxycodone, a synthetic opiate, in the name of practicing cardiologist with offices in Northwest Washington. Ninety-one of the prescriptions were written in the name of Rice, her friend, who was never a patient of the doctor.
White, a former employee of the doctor, left her job as a receptionist in January 2010, but took a blank prescription pad from the office when she left. White was not a health care professional and did not have authority to write prescriptions for herself or for Rice.
Rice caused the forged prescriptions that she obtained to be billed to health care plans such as Express Scripts and Blue Cross and Blue Shield. The health plans were defrauded the costs of filling these various prescriptions. White presented forged prescriptions in her own name as well, and caused them to be billed to one of four different health insurance plans which she maintained: Safeway Informed RX, Blue Cross Blue Shield, United Health, and Medco Health, which were the victims of the health care fraud charges.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Special Agent in Charge DiGiulio commended the work of those who investigated the case from the FBI’s Washington Field Office and the HHS Office of the Inspector General. They also expressed appreciation for the work of Assistant U.S. Attorneys John P. Dominguez and Jennifer Kerkhoff, who prosecuted the case.
Manhattan U.S. Attorney Announces $2.95 Million Settlement with Hospital Group for Improperly Delaying Repayment of Medicaid FundsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Scott J. Lampert, Special Agent in Charge of the New York Field Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), Eric Schneiderman, New York State Attorney General, and Thomas P. DiNapoli, the New York State Comptroller, today announced a $2,950,000 settlement of a civil fraud lawsuit against Beth Israel Medical Center d/b/a Mount Sinai Beth Israel (“Beth Israel”), St. Luke’s-Roosevelt Hospital Center d/b/a Mount Sinai St. Luke’s and Mount Sinai Roosevelt (“St. Luke’s Roosevelt,” and together with Beth Israel, the “Hospitals”), and Continuum Health Partners, Inc. (“Continuum,” and together with the Hospitals, “Defendants”) for willfully delaying repayment of over $ 800,000 in Medicaid overpayments. The settlement resolves claims under the federal False Claims Act and the New York State False Claims Act.
Manhattan U.S. Attorney Preet Bharara said: “When Continuum learned that it had received over $800,000 in potential overpayments from Medicaid in 2011, it had an obligation under the law to return those funds within 60 days. Instead, Continuum delayed repayment for more than two years and only fully repaid the Medicaid program in 2013. With this settlement, Continuum has made admissions and is paying $2.95 million for its fraud on Medicaid.”
HHS-OIG Special Agent in Charge Scott J. Lampert said: “Any threat to the financial health of Medicaid is a threat to the vulnerable citizens who depend upon it for critical services. Today’s settlement should send a message to providers that this behavior will not be tolerated, and we will pursue justice in these cases.”
Attorney General Eric Schneiderman said: “Repaying Medicaid for false claims is not only vital to the integrity of the program, but it is also the law. We will not allow hospitals to drain important resources from the system, and will continue to ensure that the program is properly reimbursed for the funds that it is owed.”
New York State Comptroller Thomas P. DiNapoli said: “Our audits of the defendants revealed $700,000 in Medicaid overpayments. After we were contacted about this matter, we quickly partnered with law enforcement to recover taxpayer dollars, including further overpayments that came to light only afterwards. I thank U.S. Attorney Preet Bharara and his office for their perspicacity in seeing that justice was served. There have been too many cases of Medicaid waste, fraud and abuse, and we will continue to partner with law enforcement to combat Medicaid fraud statewide.”
The United States Complaint-In-Intervention (the “Complaint”) alleges that between 2009 and 2010, CONTINUUM erroneously submitted claims to Medicaid for payment due to a software error. In 2010, Continuum was alerted to the software error by the New York State Comptroller. In February 2011, an internal investigation by CONTINUUM identified approximately 900 claims totaling over $1 million that may have been wrongly submitted to and paid by Medicaid. This list, created by the whistleblower who filed this qui tam lawsuit, contained all of the claims that were affected by the software glitch. Rather than using the list to repay the claims, CONTINUUM terminated the whistleblower, failed to bring this list to the attention of the Government and took nearly two years to complete its repayments. Specifically, between 2009 and 2010, DEFENDANTS erroneously billed 444 claims to Medicaid. These claims were identified in the whistleblower’s list on February 4, 2011, yet DEFENDANTS did not fully repay these claims until March 2013, i.e., nearly two years later, in violation of a Federal law requiring recipients of Government funds to repay the Government within 60 days of discovering the overpayment.
DEFENDANTS moved to dismiss the Government’s Complaint and, in a first-of-its-kind decision, Judge Edgardo Ramos denied the motion in an opinion that was referred to in the New York Law Journal as “the most significant case interpretation” of the “reverse false claims provision” of the federal False Claims Act. Brian Feldman, Health Care Overpayments and Reverse False Claims, New York Law Journal, September 8, 2015.
Today, U.S. District Judge Edgardo Ramos approved a settlement to resolve the Government’s claims against DEFENDANTS. Under that settlement, DEFENDANTS agree to pay $2,950,000 to resolve the claims under the federal and New York false claims acts. In the settlement, DEFENDANTS admit, acknowledge and accept responsibility for the following conduct:
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During the relevant time period, the Hospitals had managed care agreements with Healthfirst, Inc. (“Healthfirst”), a managed-care organization (“MCO”), and rendered care to numerous patients who obtained their Medicaid managed-care plans through Healthfirst.Pursuant to their contracts with Healthfirst, the Hospitals obtained from Healthfirst contractually fixed managed-care payments for services rendered to the Healthfirst beneficiaries.
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Pursuant to Medicaid regulations, the Hospitals were entitled to receive as payment for services rendered to Medicaid managed-care patients only the amount paid by the MCO and were not permitted to seek additional payments from Medicaid or, with certain limited exceptions, the patients.
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Beginning in or around 2009, due to a software compatibility issue, the Healthfirst remittances contained coding that caused the Hospitals and Continuum to mistakenly submit claims on behalf of the Hospitals to the Medicaid program, as a secondary payor, for additional payment for services rendered to enrollees of Healthfirst, above and beyond what they had received from Healthfirst for these services, and Medicaid paid Beth Israel and St. Luke’s Roosevelt for such claims.
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In September 2010, the New York Office of the State Comptroller (the “Comptroller”) brought to Continuum’s attention a small number of claims submitted by Continuum on behalf of the Hospitals that had been wrongly billed to Medicaid as a secondary payor.
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In late 2010 and January 2011, Relator and other Continuum staff members gathered and analyzed Continuum’s billing data in order to discover possibly affected claims.
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On February 4, 2011, Relator sent an email to certain members of Continuum’s management, attaching a spreadsheet (“Relator’s Spreadsheet”) containing 890 claims of which 444 had been erroneously billed to Medicaid.
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Continuum terminated Relator on February 8, 2011.Continuum reimbursed Medicaid in February 2011, for only five of the improperly submitted claims.
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In March 2011, and continuing through February 2012, the Comptroller brought additional affected claims to Continuum’s attention, at which time Continuum would return the overpayments.
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Continuum never brought Relator’s analysis to the attention of the Comptroller.
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Continuum did not fully reimburse Medicaid for claims erroneously billed to Medicaid for over two years and did so in more than thirty tranches after February 2011, beginning in April 2011 and concluding in March 2013.
The Complaint in this case was filed under the federal False Claims Act, which punishes violators who submit false claims to the Government or knowingly attempt to avoid an obligation to repay federal funds. The allegations of fraud stated in the Complaint were first brought to the attention of the Government by a whistleblower, who filed a lawsuit under the qui tam provisions of the False Claims Act. Those provisions allow private parties who have knowledge of fraud committed against the Government to file suit on behalf of the Government and share in any recovery. The United States may then intervene and file a complaint, as it did here.
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Mr. Bharara praised the investigative work of the Office of the State Comptroller. He also thanked the U.S. Department of Health and Human Services, Office of Inspector General, and the Office of the New York Attorney General for their assistance in this case.
The case is being handled by the Office’s Civil Frauds Unit. Civil Frauds Co-Chief Rebecca C. Martin and Assistant U.S. Attorneys Jean-David Barnea and Jacob Bergman are in charge of this matter.
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Man Sentenced to Almost Six Years in Federal Prison for Arson During 2015 Baltimore RiotsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Trevon Green, age 23, of Baltimore, today to 70 months in federal prison, followed by three years of supervised release, for the arson of a Baltimore food market in connection with the April 27, 2015, riots in Baltimore. Green also admitted that he participated in the looting of a liquor store and assaulted the store’s owner.
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; Maryland State Fire Marshal Brian Geraci; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
“Trevon Green was not a protester, he was a criminal who enjoyed committing gratuitous violence,” said U.S. Attorney Rod J. Rosenstein. “He looted a liquor store and kicked the defenseless store owner in the head, then he set fire to a food market. We caught him because police and prosecutors spent time reviewing recordings from cameras throughout the city.”
On April 27, 2015, riots and widespread looting erupted in Baltimore following the funeral of Freddie Gray. According to his plea agreement, Green participated in the rioting. In the later afternoon of April 27, 2015, Green engaged in the looting at a liquor store located in the 2200 block of W. North Avenue. Green is captured on video leaving the store with a box of merchandise from the store. Green stopped briefly to have a conversation with a woman outside the liquor store. One of the owners of the store, who had previously been punched in the face, was crouching near his vehicle, just behind where Green was standing, watching the looting of his store. After Green was done speaking with the woman, he turned, and without provocation or speaking a word, Green kicked the store owner in the face. As a result, the owner crumpled to the street, suffering an injury to his face.
Just prior to 8:25 p.m., Green proceeded to the market located in the 1500 block of North Monroe Street in Baltimore. Green was recorded on cell phone video with two other men near the broken front window of the market. Green is recorded telling the other men to light the store on fire, as one of the men lit the contents of a garbage can on fire, then threw the can with its contents ablaze through the broken front window. Others depicted on the video confirmed that the store was on fire and the video captured flames in the front of the store. On the video recording, Green states that he and the others were setting the store on fire for Freddie Gray. The damage to the store from the fire and looting is at least $334,894.16. As part of his plea agreement, Green has agreed to the entry of a restitution order in the full amount of the victims’ losses.
During the investigation, ATF released video from the arson of the liquor store in an attempt to identify the perpetrators of the arson, as well as the assaults on the owner of the store. (link to the video: https://www.dvidshub.net/video/428956/assault-true-religion#.ViU1Wv3oteU) Multiple tips were received from the public identifying Green as one of the individuals assaulting the liquor store owner, which assisted law enforcement in identifying Green in the video from the subsequent arson of the market.
Green has been detained since his arrest.
The investigation into arsons that occurred on April 27, 2015, is continuing. Anyone with information is urged to call the ATF hotline, 1-888-ATF-FIRE (1-888-283-3473). ATF continues to offer a reward of up to $10,000 for information leading to the arrest and conviction of any individual responsible for these incidents.
Federal prosecutors previously have charged four other defendants for arson crimes committed during the Baltimore riots on April 27, 2015. Gregory Lee Butler, Jr., a/k/a Greg Baly, age 22, of Baltimore, pleaded guilty to the federal indictment charging him with obstruction of firefighters during a civil disorder, and is scheduled to be sentenced on September 20, 2016. Darius Raymond Stewart, age 22, of Baltimore, pleaded guilty to malicious destruction of property by fire, arising from the arson of a liquor store and was sentenced to five years in federal prison. Donta Betts, age 20, of Baltimore, was sentenced to 15 years in federal prison for making a destructive device in connection with the April 27, 2015, riots in Baltimore and, in an unrelated case, for discharge of a firearm in furtherance of a drug trafficking crime on July 2, 2015. Raymon Carter, age 25, of Baltimore, Maryland, pleaded guilty to the federal crime of rioting, including the arson of the CVS Pharmacy on April 27, 2015, and was sentenced to four years in prison and ordered to pay restitution of $500,000.
United States Attorney Rod J. Rosenstein praised the ATF, Office of the State Fire Marshal, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorney Judson T. Mihok, who prosecuted the case.
Long Island Doctor Pleads Guilty to Conspiracy to Illegally Prescribe OxycodoneRead the Press Release
Noel Blackman, a medical doctor and the former Health Minister of Guyana, who operated from “pain management” clinics in Elmhurst in Queens County, Franklin Square in Nassau County, and Cypress Hills in Brooklyn, today pleaded guilty to conspiring to illegally distribute oxycodone, a highly addictive prescription pain medication. The guilty plea was entered before United States District Judge Joanna Seybert at the U.S. Courthouse in Central Islip. When sentenced, Blackman faces a maximum sentence of 20 years’ imprisonment and a $1 million fine.
In announcing the guilty plea, United States Attorney Robert L. Capers expressed his grateful appreciation to the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and the United States Department of Justice, Drug Enforcement Administration (DEA), Long Island Tactical Diversion Squad, which led the government’s investigation in this case, and thanked the U.S. Customs & Border Protection (CBP) for its assistance.
“Blackman violated his professional oath to put his patients’ legitimate medical needs first and instead chose to line his pockets with the proceeds from the sale of illegal prescriptions for oxycodone, a highly addictive drug that has been linked to the rise in heroin trafficking and other social ills in our communities,” stated U.S. Attorney Capers. “Together with our law enforcement partners, we will continue to vigorously prosecute illegal prescription drug distribution.”
According to court filings and statements made in court during the guilty plea, between 2015 and February 2016, Blackman wrote prescriptions for more than 365,000 oxycodone pills. Around midnight on February 7, 2016, HSI agents removed Blackman from a plane at John F. Kennedy International Airport en route to Guyana and arrested him in connection with the conspiracy to illegally distribute oxycodone. At the time of his arrest, more than $30,000 was found concealed in Blackman’s luggage. At his guilty plea, Blackman admitted that he wrote oxycodone prescriptions for persons whom he knew had no legitimate medical need for them in exchange for cash. As part of his guilty plea, Blackman also agreed to forfeit $503,200 attributable to illegal prescription sales.
This case is but one in a series of federal prosecutions by the United States Attorney’s Office as part of the Prescription Drug Initiative. In January 2012, this Office, in conjunction with the five District Attorneys in the Eastern District of New York, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Prevention has called an epidemic increase in the abuse of opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 19 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, and a pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorneys Bradley T. King and Madeline O’Connor.
The Defendant:
NOEL BLACKMAN
Age: 68
Valley Stream, New YorkE.D.N.Y. Docket No. 16-CR-89 (JS)
Lindani Mzembe Found Guilty by Jury TrialRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Lindani Mzembe, 32, of South Bend, Indiana was found guilty, after a 2 ½ day jury trial, of kidnapping, extortion, discharging a weapon during a crime of violence and felon in possession of a firearm.
This case was prosecuted as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Federal Bureau of Investigation; South Bend Police Department and the St. Joseph County Metro Homicide. This case was prosecuted by Assistant United States Attorneys John M. Maciejczyk and Joel Gabrielse.
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Lebanon County Man Sentenced to 15 Years in Prison for Drug ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lebanon man was sentenced August 23, 2016 by United States District Court Chief Judge Christopher C. Conner in Harrisburg, to serve 15 years in prison for conspiracy to possess with intent to distribute cocaine hydrochloride.
According to United States Attorney Peter Smith, Glauco Kelvin Celedonio-Smith, age 20, of Lebanon, previously pleaded guilty to the charge of conspiracy to possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. Celedonio-Smith and ten co-defendants were originally indicted by a federal grand jury in Harrisburg in July 2015 and a Superseding Information was filed in June 2016.
The charges stem from an investigation in which the Department of Homeland Security Investigations (HSI) agents in Lebanon County intercepted packages sent from Santo Domingo, Dominican Republic to the United States between June and October 2014. The packages contained kilogram quantities of cocaine hydrochloride inside.
Celedonio-Smith and a co-defendant were stopped by Pennsylvania State Police on October 8, 2014 in Reading after taking receipt of a package from the Dominican Republic. The following day a search warrant was executed on their vehicle and cellular telephones, a .38 caliber Smith & Wesson revolver, and a 9 mm Glock pistol were also seized.
The investigation was conducted by HSI, the Pennsylvania State Police and the Berks County District Attorney’s Office Detective Unit. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
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Jamestown Man Sentenced to Life in Prison for Drug Trafficking Activities That Led to the Murder of A Cooperating DefendantRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Jose Martinez, aka Noelle, 47, of Jamestown, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to life in prison by Senior U.S. District Judge William M. Skretny.
“As the punishment in this case reflects, the defendant - convicted of narcotics trafficking - has been sentenced as a murderer,” said U.S. Attorney Hochul. “This Office will be relentless in utilizing all available federal tools to help ensure that those who pose a danger to our community are brought to justice.”
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Frank T. Pimentel, who handled the prosecution of the case, stated that between 2007 and June 2008 the defendant ran a drug trafficking organization in Jamestown, NY. Martinez supplied cocaine to another drug trafficking organization in Jamestown led by Quentin Leeper.
In May 2008, Martinez put out a contract for the killing of an individual identified as Quincy Turner. The defendant believed that Turner was cooperating with law enforcement officers who were investigating the drug trafficking activities of Quentin Leeper. On May 30, 2008, Quincy Turner was found dead of multiple gunshot wounds inside his Mercedes SUV in the parking lot of his automotive garage adjacent to the Jamestown Airport.
A total of 45 defendants were charged in connection with three drug trafficking organizations operating between Jamestown and Rochester, NY. 40 defendants have been convicted, three were acquitted at trial and two others died, including Quincy Turner.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Department Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace, and the Jamestown Police Department, under the direction of Chief Harry Snellings. Additional assistance was provided by the Chautauqua County District Attorney’s Office.Jacob “Kobi” Alexander Pleads Guilty to Securities FraudRead the Press Release
BROOKLYN, N.Y. – Jacob Alexander, also known as “Kobi Alexander,” an Israeli national, pleaded guilty today to one count of securities fraud for his role in a stock options backdating scheme involving Comverse Technologies Inc. (Comverse). Following a bail hearing, the court entered a permanent order of detention.
Alexander was a founder, former Chief Executive Officer, and member of the Board of Directors of Comverse, which was traded on the NASDAQ stock market. Comverse was a component stock of the S&P 500 and the NASDAQ 100 at the time of the offense. Alexander was ordered extradited from Namibia on Monday, August 22, 2016, after having been indicted in the Eastern District of New York more than ten years ago. Alexander arrived at John F. Kennedy International Airport in Queens, New York, this morning in the custody of special agents of the Federal Bureau of Investigation. When sentenced, Alexander faces up to 10 years in prison. Sentencing is set for 12:00PM on December 16, 2016.
The extradition and guilty plea were announced by U.S. Attorney Robert L. Capers of the Eastern District of New York, and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“By fraudulently backdating Comverse stock options, the defendant personally gained millions of dollars in paper profits. He then compounded his crime by attempting to bribe a witness to make false statements to government investigators. For more than ten years, law enforcement pursued Kobi Alexander, and now he will be held to account for his role in a securities fraud scheme,” stated United States Attorney Capers. “The guilty plea announced today demonstrates our steadfast commitment to enforce the law against corporate executives who defraud the investing public.”
“The wheels of justice turn slowly but they keep moving; this is especially true in the case against Jacob “Kobi” Alexander. Today, Alexander pled guilty to a charge that was brought forth by the FBI more than 10 years ago for his role in a securities fraud scheme. Alexander and his coconspirators backdated the issuance of Comverse stock options, awarded them to themselves, and then lied to investors in public filings. The scheme profited Alexander millions of dollars. Ensuring that all investors have factual information and our markets are fair is exactly why the FBI continues to investigate and bring those to justice who perpetrate securities fraud schemes,” stated FBI Assistant Director-in-Charge Rodriguez.
U.S. Attorney Capers and FBI Assistant Director-in-Charge Rodriguez thanked the Department of Justice’s Office of International Affairs (OIA), the National Police for the Republic of Namibia, Interpol, and FBI Legat Pretoria for their invaluable assistance during the extradition proceedings. They also thanked the Securities and Exchange Commission (SEC) for their cooperation and assistance in the investigation and prosecution.
According to charging documents, the guilty plea proceeding, and other documents filed by the government in this case, Comverse was a communications software company with offices in Woodbury, New York. Between 1998 and 2006, the defendant and his coconspirators engaged in a fraudulent backdating scheme using hindsight to select the issuance date of Comverse stock options, which they awarded to themselves and Comverse employees, and then lied about this practice to investors in public filings and elsewhere. In doing so, the defendant and his coconspirators were able to select issuance dates when Comverse stock was trading lower, thereby awarding themselves and Comverse employees “in-the-money” options without properly accounting for these options in Comverse’s financial disclosures to investors. By backdating options, the defendant and his coconspirators violated accounting rules and caused Comverse to overstate its profits. Additionally, the backdated options also violated the terms of Comverse’s stock option plans that were approved by its shareholders. As the top recipient of stock options in every company-wide grant, the defendant gained millions of dollars in paper profits from the scheme. Ultimately, the defendant forfeited $60 million, which was applied as restitution to compensate Comverse shareholders.
When the defendant’s conduct came to light, he attempted to obstruct justice by offering to bribe a witness to make false statements to federal investigators. Shortly before being charged in connection with his scheme, and after he was aware of the government’s investigation, the defendant moved to Namibia, where he relocated with his family. The government promptly sought the defendant’s extradition.
Today’s guilty plea took place before United States District Judge Nicholas G. Garaufis.
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The government’s case is being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorney James P. Loonam is in charge of the prosecution and led the Office’s efforts to secure Alexander’s extradition from Namibia, with assistance from the Department of Justice’s Office of International Affairs.
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The charges in this case were brought 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 is 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.
The Defendant:
JACOB ALEXANDER, also known as “Kobi Alexander”
Age: 64E.D.N.Y. Docket No. 06-CR-628 (NGG)
Indictment: Topeka Man Ran Auto Chop ShopRead the Press Release
TOPEKA, KAN. - A Topeka man was indicted Wednesday on federal charges of operating a chop shop trafficking in stolen auto parts, Acting U.S. Attorney Tom Beall said.
Maurice L. Stewart, 39, who is in federal custody, is charged with one count of operating a chop shop and two counts of trafficking in stolen auto parts. The indictment alleges Stewart’s operation at 13th and Madison in Topeka received stolen autos and disassembled them for sale as parts.
The indictment alleges that while the crimes occurred Stewart was on conditional release on another federal indictment charging him with tax fraud and wire fraud.
If convicted, he faces a penalty of up to 15 years in federal prison and a fine up to $250,000 on the charge of operating a chop shop, and up to 10 years and a fine up to $250,000 on each of the trafficking charges. A task force including the Topeka Police Department, the Kansas Department of Revenue – Office of Special Investigation, the FBI and the Internal Revenue Service – Criminal Investigation investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.
OTHER GRAND JURY INDICTMENTS
Harley M. Edwards, 24, Narka, Kan., and Ric Meczyor, 27, Belleville, Kan., are charged with one count of conspiring to steal money orders from a post office and one count of stealing money orders. The crimes are alleged to have occurred during February to March 2016 in Narka, Kan.
If convicted, they face a penalty up to five years and a fine up to $250,000 on the conspiracy charge, and up to 10 years and a fine up to $250,000 on the theft charge. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Cole H. Castens, 23, Wamego, Kan., is charged with one count of theft by a postal employee. The indictment alleges he stole gift cards. The crime is alleged to have occurred in January and February 2016 in Wamego, Kan.
If convicted, he faces a penalty of up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – Office of Inspector General investigated. Assistant U. S. Attorney Christine Kenney is prosecuting.
Monty Owston Quiring, 19, Wichita, Kan., is charged with one count of unlawful possession of ammunition following a felony conviction and one count of theft of government property. The crimes are alleged to have occurred Aug. 18, 2016, in Sedgwick County, Kan.
If convicted, he faces a penalty of up to 10 years on each count and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosive investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Brandon Anthony Best, 26, who is in custody in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Aug. 16, 2016, in Topeka, Kan.
If convicted, he faces a penalty of up to 10 years on each count and a fine up to $250,000. The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Trevon Donzell Praylow, 28, who is in custody in the Shawnee County Jail, is charged with (count one and count four) unlawful possession of a firearm following a felony conviction, (count two) possession with intent to distribute marijuana, (count three).
Upon conviction, the crimes carry the following penalties:
Counts one and four: Up to 10 years on each count and a fine up to $250,000.
Count two: Up to five years and a fine up to $250,000.
Count three: Not less than five years and a fine up to $250,000.
The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Illinois Woman Pleads Guilty to Stealing Government FundsRead the Press Release
Deposited More Than $197,000 in Fraudulent Refunds into Her Bank Accounts
A Crystal Lake, Illinois, woman pleaded guilty today to stealing more than $197,000 from the United States, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to the plea agreement, Nellyvette Mojica, 34, admitted that from February 2012 to July 2015, she participated in a scheme to steal money from the United States through the filing of fraudulent income tax returns. According to the plea agreement, Mojica deposited into her bank accounts income tax refunds that she knew were the proceeds of fraudulently filed tax returns. Mojica admitted that as part of the scheme she caused 81 fraudulent tax refunds totaling more than $197,000 to be deposited into accounts that she controlled. Mojica also admitted that following the deposit of these fraudulently obtained refunds, she withdrew some of the money for her own use.
Sentencing is scheduled for Dec. 7. Mojica faces a statutory maximum sentence of 10 years in prison, along with a fine of up to $250,000 and three years of supervised release and $197,000 in restitution to the Internal Revenue Service (IRS). She is the second defendant who pleaded guilty in this case. Her codefendant, Rosa Alverio, pleaded guilty to stealing government funds and is scheduled to be sentenced on Nov. 10.
Principal Deputy Assistant Attorney General Ciraolo thanked agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Ryan R. Raybould and Timothy M. Russo, who are prosecuting the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Northern District of Illinois for their substantial assistance in the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Houston Police Officer and Wife Sentenced to Federal Prison for Transporting Undocumented AliensRead the Press Release
In Del Rio, 52-year-old former Houston police officer Juan Carrillo and his 43-year-old wife Rosa Lidia Carrillo of Cypress, TX, were sentenced to 15 months in federal prison followed by three years of supervised release for transporting undocumented aliens announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden and U.S. Border Patrol Del Rio Sector Chief Patrol Agent Rodolfo Karisch.
During sentencing yesterday afternoon, United States District Judge Alia Moses also ordered that each defendant pay a $1,000 fine. Both defendants remain on bond pending notification of a self-surrender date and location by the U.S. Bureau of Prisons to begin serving their prison terms.
On January 28, 2016, both defendants pleaded guilty to one count of transporting undocumented aliens. By pleading guilty, the Carrillos’ admitted that they were illegally transporting two undocumented aliens from Eagle Pass, TX, to Houston.
According to court documents, on November 8, 2015, U.S. Border Patrol agents from the Carrizo Springs station conducted an immigration inspection on a vehicle traveling on Highway 85 in Big Wells, TX. The defendants were in the front seat and there were four passengers in the back seat. Agents discovered that four of the occupants, including the defendants, were United States citizens. Two occupants were determined to be illegally present in the United States.
Court documents also reflect that Rosa Carrillo had previously wired $1,500 to an unknown individual in order to have a family member smuggled into the United States. The defendants, admittedly, had traveled that day to Eagle Pass to pick up the family member and his companion, another undocumented individual who was being harbored at the same location, and transport them to Houston.
“The sentencing of the Carrillos sends a clear message that individuals who engage in human smuggling will be held accountable for their actions,” said Special Agent in Charge Shane Folden, HSI San Antonio. “HSI will continue to work closely with its law enforcement partners to bring human smugglers to justice.”
The case resulted from a joint investigation by the Homeland Security Investigations (HSI) in Eagle Pass and the U.S. Border Patrol. This case was prosecuted by Assistant United States Attorneys Matthew Watters and Todd Keagle.
Houma Postal Worker Sentenced for Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ELVIRA DUTHU DUPLANTIS, age 51, of Houma, was sentenced today after previously pleading guilty to a one-count Indictment charging her with Theft of Mail.
U.S. Chief District Judge Kurt Engelhardt sentenced DUPLANTIS to five (5) years’ probation and ordered her to pay $3,200 in restitution.
According to court records, as a result of a complaint from the Postmaster of the
Houma Post Office regarding missing mail, the United States Postal Service, Office of Inspector General (“Postal OIG”) initiated an investigation into DUPLANTIS, who was a letter carrier assigned to the Houma Post Office. The investigation determined that DUPLANTIS stole approximately 113 gift cards, which included Visa debit cards and gift cards for major retail stores and restaurants, with a total value of approximately $3,200.00.
U.S. Attorney Polite praised the work of the United States Postal Service, Office of Inspector General, in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba was in charge of the prosecution.
Four Men and One Woman Indicted for Transporting Cocaine and Money Between Puerto Rico and New YorkRead the Press Release
SAN JUAN, PR – This morning, the Organized Crime Drug Enforcement Task Force (OCEDTF) dismantled a drug trafficking organization responsible for the transportation of multi-kilogram quantities of cocaine and drug money between Puerto Rico and the Continental United States, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Drug Enforcement Administration (DEA) is in charge of the investigation with the collaboration of Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Internal Revenue Service (IRS).
On August 23, 2016, a federal grand jury returned a one-count indictment charging five individuals with participating in a conspiracy to possess with intent to distribute cocaine between the year 2009 through December 2013. The defendants are: José G. Herrera-Olavarría, a.k.a. “Pito”; Richard Rodríguez-Heredia; Luis Rodolfo Mejía, a.k.a. “Tripa”; Emilio J. González-Espinal, a.k.a. “Buster”; and Cessy Martínez-Lantigua, wife of Herrera-Olavarría.
The investigation leading to today’s arrests uncovered that members of this organization traveled on commercial flights that departed from the Luis Muñoz Marín International Airport (LMMIA) to the continental United States with kilograms of cocaine concealed inside suitcases. According to the indictment, the defendants and co-conspirators also mailed controlled substances to the continental United States.
The indictment alleges that the defendants sold the controlled substances in the continental United States and would have the profits from the sales sent back to Puerto Rico.
The case is being prosecuted by Assistant United States Attorney José A. Contreras.
If found guilty, the defendants are facing terms of imprisonment from 10 years to life. Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
The case was investigated by agents from the Organized Crime Drug Enforcement Task Force (OCDETF) that investigates South American-based drug trafficking organizations responsible for the movement of multi-kilogram quantities of narcotics using the Caribbean as a transshipment point for further distribution to the United States. The initiative is composed of DEA, HSI, FBI, US Coast Guard, US Attorney’s Office for the District of Puerto Rico, and PRPD's Joint Forces for Rapid Action.
The Airport Investigations and Tactical Team (AirTAT) operates in the District of Puerto Rico as an OCDEFT strategic initiative that is part of the National Airport Initiative. It is a multi-agency, co-located task force that includes DEA, HSI, FBI, USPIS, CBP - Office of Field Operations, and ATF. AirTAT also works closely with the Police of Puerto Rico. AirTAT’s mission is to identify, locate, disrupt, dismantle, and prosecute TCOs and their operatives using the Luis Muñoz Marín International Airport (LMMIA), the Fernando Luis Rivas Dominicci Airport (FLRDA), and airport peripherals as platforms to smuggle narcotics, weapons, human cargo, counterfeit documents, illicit proceeds, and other contraband through these critical airport infrastructures.
Fort Hall Woman Pleads Guilty to AssaultRead the Press Release
POCATELLO – Alyssa Timbana, 19, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Timbana was indicted by the federal grand jury in Pocatello on January 26, 2016.
On September 13, 2015, Fort Hall Police were called to a residence on the Fort Hall Indian Reservation. Officers found a woman holding a baby who was bleeding from an injury to the throat area. That woman was the baby’s grandmother who had called the police. Officers found another woman, Alyssa Timbana, in the bathroom, also with cuts to her throat. The officer asked Timbana what happened to the baby and the defendant replied, “I did it.” The baby had two separate lacerations across her neck which required surgery to repair. Timbana was interviewed after she was treated at the hospital. She admitted taking several tablets of a nonprescription cold medicine and smoking marijuana. She was upset at her friends and began to feel “ugly” so she went in the back room and cut both her neck and the baby’s neck with a knife.
The charge of assault with a dangerous weapon is punishable by up to ten years in prison, up to three years of supervised release and a fine of up to $250,000.
Timbana is scheduled to be sentenced on November 21, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation (FBI).
Former Virgin Islands Senator Charged with Wire Fraud and Embezzlement of Legislative FundsRead the Press Release
A former Virgin Islands senator was arrested on June 29, 2016, in Modena, Italy, and extradited today for allegedly defrauding the government of the Virgin Islands of tens of thousands of dollars while he served as a senator in the territorial legislature.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald W. Sharpe of the District of the Virgin Islands, Special Agent in Charge Douglas A. Leff of the FBI’s San Juan Division and Virgin Islands Inspector General Steven Van Beverhoudt made the announcement.
Wayne Anthony Gunnar James, 55, of St. Croix, U.S. Virgin Islands, was indicted on Oct. 1, 2015, with two counts of wire fraud and one count of federal program embezzlement.
According to the indictment, from 2009 to 2011, James served as Chair of the Senate Committee on Youth, Education and Culture in the 28th Legislature of the Virgin Islands. While serving as the chair, James allegedly obtained tens of thousands of taxpayer dollars for the purpose of acquiring and translating historical documents related to the “Fireburn,” an 1878 uprising by freed slaves in St. Croix. The indictment alleges that James submitted false documents to the legislature and received cash advances in order to conduct historical research on behalf of the people of the Virgin Islands. James embezzled the cash advances for his own personal benefit instead of using them for the intended purposes, according to the indictment.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI, Office of the Virgin Islands Inspector General and Internal Revenue Service-Criminal Investigation are investigating the case. Trial Attorneys Amanda R. Vaughn and Justin D. Weitz of the Criminal Division’s Public Integrity Section and the U.S. Attorney’s Office of the District of the Virgin Islands are prosecuting the case. Cristina M. Posa of the Justice Department’s Office of International Affairs provided significant assistance in this matter.
Former Terrebonne Sheriff’s Detective Pleads Guilty to Theft of Federal FundsRead the Press Release
U.S. Attorney Kenneth A. Polite, Jr. announced that former Terrebonne Parish Sheriff’s Office (TPSO) Detective DAWN C. FORET, age 38, of Houma, pled guilty today to a one count Bill of Information for theft of government funds.
According to the court documents, FORET was charged for improperly overbilling a federally funded law enforcement grant designed to curb underage drinking known as the Juvenile Underage Drinking Enforcement Grant (“JUDE”) for the years 2009 through 2012. The JUDE Grant was funded by the United States Department of Transportation to the Louisiana Highway Safety Commission, which also administered the grant. After receiving the approval to access the grant funds in October of 2009, the TPSO appointed FORET to administer the grant with regards to recruiting volunteers for the overtime work, determining the operations plan, and then writing up the reports from the evening’s work. In sum, this law enforcement grant paid overtime hours for officers to investigate bars and convenience stores to see if they were illegally providing alcohol to minors.
The focus of the inquiry concerned FORET’s billing of the JUDE grant in the fall of 2010. Starting on November 6, 2010, FORET began including herself in the TPSO police reports/narratives that followed each JUDE operation in a way that suggested that FORET was physically participating in each operation. From that point on, FORET inserted herself into practically every TPSO JUDE grant narrative as being present and she billed for every hour of operation as the other TPSO officers who did the work. In fact, FORET billed for the full time even if the evening’s operation resulted in no summons being issued and the report was essentially a page or two in length. From November 6, 2010, through the end of the grant on July 18, 2012, TPSO conducted 130 JUDE grant overtime operations and FORET’s name appeared on every single police report except for six occasions. FORET admitted in the factual basis that she did not in fact physically participate in any of the JUDE grant operations from November 6, 2010 until the grant expired in July of 2012. The total loss to the grant is $14,728.00.
“Detective Foret was sworn to uphold the law,” stated U.S. Attorney Polite. “Instead, she violated that oath by stealing federal funds intended to reduce underage drinking in our community. Today’s guilty plea ensures that she is held accountable for her criminal actions.”
FORET faces a maximum term of imprisonment of ten years imprisonment, a fine of up to $250,000, up to three year of supervised release following any term of imprisonment, and $100.00 special assessment. U.S. District Judge Sarah S. Vance set sentencing for December 14, 2016.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorneys Edward J. Rivera and Bill McSherry were in charge of the prosecution.
Former St. Lucie County School Teacher Charged with Luring a Student over the InternetRead the Press Release
A Former St. Lucie County school teacher was arrested and charged with luring a student over the internet.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, and John A. Bolduc, Chief, Port St. Lucie Police Department, made the announcement.
Daniel Tyler Morgan, 30, of Jupiter, is charged by grand jury indictment with using the internet to persuade, induce, or entice a child to engage in prohibited sexual activity, in violation of Title 18, United States Code, Section 2422(b). If convicted, Morgan faces a statutory minimum 10-year sentence and a maximum of life in prison.
According to the court record, on May 13, 2016, a concerned citizen reported to St. Lucie County School District authorities that Morgan, a history teacher at St. Lucie West Centennial High School, had been sending inappropriate messages over the internet to a minor student at the school. The subsequent law enforcement investigation revealed that Morgan had been communicating with the student for several months using a social media application. Many of the communications were sexual in nature. Morgan is no longer employed as a teacher with the school district.
Mr. Ferrer commended the investigative efforts of ICE-HSI and the Port St. Lucie Police Department. This case is being prosecuted by Assistant U.S. Attorney Daniel E. Funk and Special Assistant United States Attorney Ryan Butler.
An indictment is only an accusation, and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Presidio Title C.F.O. Admits Stealing from CompanyRead the Press Release
In San Antonio, Joseph P. Karpowicz, 47-year-old former Chief Financial Officer for Presidio Title (Presidio), admitted to stealing over $367,000 from the San Antonio real estate title company announced United States Attorney Richard L. Durbin, Jr.
Appearing this morning before United States Magistrate Judge Henry Bemporad, Karpowicz pleaded guilty to one count of mail fraud and one count of engaging in financial transactions with criminally derived proceeds.
According to court records which the defendant admitted were factually correct, Karpowicz schemed to steal approximately $367,300 from Presidio between April 2010 until June 2013. Karpowicz issued Presidio checks to pay for his own personal expenses and credit card bills, then created materially false entries in Presidio’s records in order to hide his fraudulent conduct.
Karpowicz remains on bond pending sentencing scheduled for 1:30pm on November 16, 2016, before United States District Judge Xavier Rodriguez. Karpowicz faces up to 20 years on the mail fraud charge and up to ten years in federal prison on the money laundering charge.
This investigation was conducted by the United States Secret Service Identity Theft Task Force together with the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney Thomas P. Moore is prosecuting this case on behalf of the Government.
Former Pennsylvania Cyber Charter School CEO Pleads Guilty to Tax ConspiracyRead the Press Release
PITTSBURGH - The former CEO of the Pennsylvania Cyber Charter School pleaded guilty to a charge of tax conspiracy, United States Attorney David J. Hickton announced today.
Nicholas Trombetta, 61, of East Liverpool, Ohio, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that Trombetta was the founder and Chief Executive Officer of the PA Cyber Charter School. Trombetta created a series of connected for-profit and not-for-profit entities to siphon taxpayer funds out of PA Cyber and to avoid federal income tax liabilities.
Judge Conti scheduled sentencing for Dec. 20, 2016, at 10 a.m. The law provides for a maximum total sentence of five years in prison, a fine of up to $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Robert S. Cessar, Stephen R. Kaufman and James R. Wilson are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigations and the U.S. Department of Education Office of Inspector General conducted the investigation leading to the prosecution of Trombetta.
Former Owner of Preserve Financial Group Pleads Guilty in Insurance Fraud SchemeRead the Press Release
John O. Wilson, 53, of Antioch, Tenn., pleaded guilty today to two counts of wire fraud, in connection with a fraudulent insurance/investment scheme, announced David Rivera, United States Attorney for the Middle District of Tennessee.
At a plea hearing before Chief U.S. District Judge Kevin H. Sharp, Wilson admitted that from August 2005 to November 2014, he devised and engaged in a scheme to defraud and obtain money from his clients and various insurance agencies by making material false representations and using interstate wires to further his scheme. During this period of time, Wilson, a licensed insurance provider in Tennessee, was the owner and operator of an insurance agency known as Preserve Financial Group, Inc. (“PFG”) located in the metropolitan Nashville area. Wilson admitted to operating his fraudulent scheme in at least three ways:
First, in order to obtain increased commissions, Wilson would advise clients to remove their money from their existing tax-deferrable investments and purchase multiple insurance policies. In doing so, Wilson would not disclose to his clients the consequences of the repeated investments including adverse tax consequences and substantial surrender charges.
Second, Wilson would convince some clients to surrender insurance policies or annuities to him for investment in another insurance policy or annuity. Instead of investing the money as promised, Wilson would cause these funds to be deposited into the PFG bank account he controlled, and he would then use the funds primarily for his own benefit.
Third, Wilson would convince some clients to surrender insurance policies or annuities by deceiving them into believing they were investing in PFG by purchasing stock in the company. In truth, there was no such stock and instead, the money was deposited into the PFG account, which was then used primarily for Wilson’s own personal benefit.
Wilson faces up to 20 years in prison on the wire fraud charges. He also faces a criminal fine of up to $250,000, forfeiture of criminal proceeds, and he will be ordered to pay restitution to the victims. Wilson will be sentenced by Chief Judge Sharp on November 23, 2016. His 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 Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorneys Sandra G. Moses and Thomas J. Jaworski.
Former Marriott employee pleads guilty to wire fraud for embezzling close to $1 millionRead the Press Release
Defendant embezzled the funds over roughly 10 years and spent the money on island vacations and cars
CHARLESTON, W.Va. – A former employee of the Charleston Marriott Town Center who defrauded the hotel out of close to a million dollars pleaded guilty today, announced United States Attorney Carol Casto. Mark Kuhn, 52, of Milton in Cabell County, entered his guilty plea to wire fraud for his embezzlement from the hotel.
Kuhn worked for the Marriott as an accountant and general cashier. His duties included collecting cash from the various departments of the hotel, including the gift shop, the front desk, and the restaurant and bar. Kuhn admitted that beginning in November 2005 and continuing through February 2016, he embezzled over $955,000 from the hotel. He covered up his embezzlement by regularly posting false entries in the hotel’s accounting system to make it appear as if the hotel had paid out cash for various goods or services. Typically, the false entries reflected fictitious payments for commissions or fees owed to a travel agency or online travel company. The false entries for any particular day would match the amount of cash that Kuhn had embezzled from the cash receipts for that day.
Over the course of his fraudulent scheme, Kuhn used the embezzled funds for personal expenses. He admitted that he took vacations to Hawaii, the Bahamas, Myrtle Beach, and Disney World. He also admitted that he went on a cruise to Cozumel, Mexico. He additionally admitted to using the money to buy cars, a truck, and a recreational vehicle. Furthermore, he admitted that he used the embezzled funds to make payments on Chase MasterCard accounts, Sears credit card accounts, and a revolving credit account at Home Depot.
Kuhn faces up to 20 years in federal prison when he is sentenced on December 5, 2016. Additionally, as part of the plea agreement, Kuhn has agreed to pay $955,317.17 in restitution.
The United States Secret Service conducted the investigation. Assistant United States Attorney Philip H. Wright is in charge of the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.
Former High School Teacher Pleads Guilty to Possessing Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Independence, Mo., high school teacher pleaded guilty in federal court today to possessing child pornography.
Jason R. Pink, 44, of Independence, waived his right to a grand jury and pleaded guilty before U.S. District Judge Brian C. Wimes to a federal information that charges him with possessing child pornography in 2014.
At the time of the offense, Pink was employed as a teacher at Fort Osage High School. He was identified as a customer during an investigation into a movie production company located outside the United States that operated a Web site advertising child pornography DVDs and streaming videos for sale. Law enforcement officers seized hundreds of DVDs from the business and found information in the company’s records that Pink had purchased child pornography on multiple occasions.
U.S. Postal Inspectors executed a search warrant at Pink’s residence and located several child pornography DVDs that he had purchased from the company. Inspectors also located a 16-gigabyte thumb drive inserted into a computer tower that included thousands of “naturist” or “nudist” type images that are not necessarily child pornography but which include nude minors from the age of approximately 12 to 18 years. Also included in this thumb drive were approximately 30 images of child pornography.
Under federal statutes, Pink is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the U.S. Postal Inspection Service.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Background Investigator for Federal Government Pleads Guilty to Making a False StatementRead the Press Release
WASHINGTON – Edward J. Kincade, 63, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), pled guilty today to a charge stemming from his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Acting Inspector General for the Office of Personnel Management.
Kincade, of Guyton, Ga., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Randolph D. Moss scheduled sentencing for Nov. 9, 2016. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. As part of the plea, Kincade has agreed to pay $264,312 in restitution to the federal government.
According to a statement of offense submitted to the Court, Kincade was employed by USIS, formerly known as U.S. Investigations Services Inc., as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services.
Between August 2011 and September 2012, in more than 30 Reports of Investigations on background investigations, Kincade represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.
Kincade’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $264,312 to the U.S. government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Kincade, 22 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 5,400 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.4 million investigations during the 2015 fiscal year. More than 600,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the plea, U.S. Attorney Phillips and Acting Inspector General Vint praised the efforts of Special Agent Shantel Robinson, OPM, Office of the Inspector General, and Philip Kroop, Kevin Cassidy, and Jeffrey Addicks, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Julie Dailey of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
Former APS Kindergarten Teacher Pleads Guilty to Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Weitz, 39, of Albuquerque, N.M., pleaded guilty today in federal court to possession of child pornography charges. Under the terms of his plea agreement, Weitz will be sentenced within the range of 24 to 151 months in prison followed by 15 years of supervised release. Weitz will be required to register as a sex offender when he completes his prison sentence. Additionally, Weitz will be required to pay restitution in the amount of $1,000 to any victim associated with the charges against Weitz who requests restitution before Weitz’s sentencing hearing.
Weitz was arrested Nov. 11, 2015, on a federal criminal complaint alleging that he distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct in Oct. 2015, in Bernalillo County. At the time Weitz committed the offenses, he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS). APS suspended Weitz’s employment following his arrest in early Nov. 2015, on related state charges and subsequently terminated his employment.
According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with an IP address, later determined to be subscribed to Weitz that was being used to share child pornography files. Between Oct. 11, 2015 and Oct. 22, 2015, investigators downloaded numerous of child pornography files from the computer at Weitz’s IP address. On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence and ICAC Task Force agents found that Weitz possessed a computer containing numerous files of child pornography. Weitz was arrested that day on related state charges, which were later dismissed in favor of federal prosecution.
Weitz was indicted on Dec. 2, 2015, and was charged with four counts of distribution of child pornography and two counts of possession child pornography from Dec. 14, 2014 through Nov. 4, 2015 and Feb. 4, 2013 through Nov. 4, 2015. According to the indictment, Weitz distributed child pornography on for occasions in Oct. 2015 and possessed child pornography between Feb. 2013 and Nov. 2015.
During today’s proceedings, Weitz pled guilty to Counts 4 and 5 of the indictment, the two possession of child pornography charges. In entering the guilty plea, Weitz admitted from Feb. 4, 2013 through Nov. 4, 2015, he downloaded videos and images of child pornography from the internet and saved them on two computers. One computer contained approximately 250 images and 358 videos of child pornography. The other computer contained approximately 34 images and 77 videos of child pornography.
A sentencing hearing for Weitz has yet to be scheduled.
This case was investigated by the New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Florida Resident Convicted in Wire Fraud Scheme Involving $1.3 MillionRead the Press Release
BATON ROUGE, LA –United States Attorney Walt Green announced THOMAS J. TANNER, JR., age 50, of Destin, Florida, pled guilty before U.S. District Judge John W. deGravelles to identity theft, in violation of Title 18, United States Code, Section 1028. During the guilty plea hearing, TANNER, a former Project Manager of ISC Constructors, LLC, admitted to using the signature, name, and position of another individual relating to a scheme to defraud his former employer, ISC, along with Chevron U.S.A., Inc., of approximately $1,300,000, which was used to pay himself and others inflated rates for approximately 1 year.
U.S. Attorney Green stated: “Unfortunately, corporate fraud schemes continue to be employed by criminals both in the United States and worldwide. Moreover, the high-speed nature of communications today has allowed corporate executives to, at times, transmit fraudulent documents via e-mail, with the belief that the documents will be quickly reviewed and approved, and the underlying fraudulent scheme never discovered. This case is another example of my office working in conjunction with the FBI to aggressively identify and prosecute those engaged in identity theft and corporate fraud, as such criminal conduct results in the loss of significant corporate funds and corporate integrity.”
FBI Special Agent-in-Charge Jeffrey S. Sallet stated: “The FBI New Orleans Division will continue to investigate allegations of identity theft and similar white collar crimes that defraud Louisiana employers and residents.”
This ongoing investigation is being conducted by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Paul L. Pugliese.
Five Men Indicted on Federal Bank Robbery ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has returned two indictments against five men in connection with bank robberies near York and Lebanon.
According to U.S. Attorney Peter Smith, Derek Pelker, age 26, Wernersville, Ryan Miller, a/k/a “Otis,” age 24, Robinson Township, and Andrew Ishman, age 31, Wrightsville, were indicted for conspiracy, armed bank robbery, and possession of a firearm in furtherance of a crime of violence in relation to the robbery of the Susquehanna Bank (now the BB&T Bank), in East Prospect on April 24, 2015. Pelker and Miller are also charged with possessing firearms as convicted felons.
The grand jury also returned a separate indictment charging Derek Pelker, his brother, Keith Pelker, age 27, Wernersville, and Shannon Gadzouris, age 23, Shillington, with conspiracy and armed bank robbery in relation to the robbery of the M&T Bank in Lebanon on April 5, 2016. According to the indictment, the defendants used a CO2 gun which appeared to be a firearm to commit that robbery.
The investigation was conducted by the Federal Bureau of Investigation Capital City Violent Crimes Task Force, the Pennsylvania State Police, the South Lebanon Township Police Department, the U.S. Marshals Fugitive Task Force, and the Lebanon and York County District Attorney’s Offices. The Capital City Violent Crimes Task Force consists of representatives from the FBI’s Harrisburg Field Office and the Harrisburg Police Department. The case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
This case was also brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the offenses related to the East Prospect robbery is life imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for the offenses related to the Lebanon robbery is 25 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Federal Grand Jury Returns Indictment Charging Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, with Federal Firearms and Carjacking OffensesRead the Press Release
ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has returned an indictment charging Jesse Denver Hanes with federal firearms and carjacking offenses arising out of an Aug. 12, 2016, traffic stop in Hatch, N.M., during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. Hanes was arraigned on the indictment this morning in federal court in Las Cruces, N.M., and entered a not guilty plea. Following the arraignment hearing, a U.S. Magistrate Judge ordered that Hanes be detained pending trial after finding that he poses a risk of flight and danger to the community.
The filing of the federal indictment was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil.
The five-count indictment, which was filed late yesterday afternoon, charges Hanes, 38, a resident of Columbus, Ohio, with attempted carjacking; brandishing a firearm during a crime of violence; carjacking resulting in serious bodily injury; discharging a firearm during a crime of violence; and being a felon in possession of a firearm. It alleges that Hanes committed these crimes on Aug. 12, 2016, in Doña Ana County, N.M. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested Aug. 16, 2016, on a federal criminal complaint charging him with being a felon in possession of a firearm, carjacking, and discharging a firearm during a crime of violence. The criminal complaint alleged that, on Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso; Officer Chavez later died as a result of the gunshot wound.
The criminal complaint also alleged that after fleeing from the scene of the shooting in the Lexus, Hanes and his passengers parted company. Thereafter, Hanes stopped at a rest area near Radium Springs, N.M., where he allegedly shot a motorist, causing him to suffer serious bodily injury, and carjacked the motorist’s vehicle, a Chevrolet. When deputies of the Doña Ana County Sheriff’s Office arrested Hanes, they allegedly found a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, in the Chevrolet.
The indictment adds two new crimes not previously charged in the criminal complaint: an attempted carjacking charge and a new firearms offense. The new charges allege that Hanes used force and violence against two victims while attempting to carjack the victims’ vehicle and that Hanes brandished a firearm during the attempted carjacking.
In addition to the charges in the federal indictment, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the State of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
If convicted of the crimes charged in the federal indictment, Hanes faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm; 15 years on the attempted carjacking charge, and 25 years in prison on the carjacking charge. If convicted of brandishing a firearm during the attempted carjacking, Hanes faces a statutory mandatory minimum penalty of seven years in prison. He also faces a statutory mandatory minimum penalty of 25 years in prison if convicted of discharging a firearm during the carjacking. The 32 years must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws. Charges in indictments and criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Hanes Indictment
Fair Haven Man Pleads Guilty to Making Hoax Emergency Calls to U.S. Coast GuardRead the Press Release
BOSTON – A Fair Haven man pleaded guilty yesterday in U.S. District Court in Boston in connection with sending three false distress messages to the U.S. Coast Guard over the radio.
Roger Martin, 47, of Fair Haven, Mass., pleaded guilty to an Information charging him with three counts of sending false distress messages to the U.S. Coast Guard and one count of identity fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Nov. 22, 2016.
In April and May 2015, Martin made three calls to the U.S. Coast Guard claiming that he was on a boat on Cape Cod Canal that was sinking. During each call, Martin impersonated another resident of Fair Haven and provided that resident’s name, street address and, on one occasion, date of birth. Martin obtained the date of birth by improperly using a law enforcement database when he was previously employed as a Bristol Sheriff’s County dispatcher. In response to the calls, the U.S. Coast Guard and local law enforcement expended resources ascertaining that there was no true emergency and attempting to track the hoax caller.
The charge of sending false distress messages provides for a sentence of no greater than six years in prison, three years of supervised release, restitution and a civil penalty of $10,000 on each count.The charge of identity fraud provides for a sentence of no greater than five years in prison, one year of supervised release, forfeiture and a fine of $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 and Rear Admiral Steven D. Poulin, Commander, First Coast Guard District, U.S. Coast Guard, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Giselle J. Joffre of Ortiz’s Major Crimes Unit.
Eleventh Twin Cities Man Charged with Conspiracy to Provide Material Support to ISILRead the Press Release
Numerous Alleged Co-Conspirators Previously Convicted at Trial and Pleaded Guilty in Minnesota
Mohamed Amiin Ali Roble, 20, formerly of Minneapolis, was charged today by criminal complaint with providing and conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL).
The charges were announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Andrew M. Luger of the District of Minnesota and Special Agent in Charge Richard T. Thornton of the FBI’s Minneapolis Division.
According to the complaint and documents filed in court, on Oct. 4, 2014, Roble flew to China with a family member. In November 2014, four of Roble’s associates in Minnesota attempted to travel from Minnesota to Syria to join ISIL, via JFK International Airport in New York. The four defendants were stopped by federal law enforcement agents at JFK and were prevented from flying from New York to various destinations in Europe. Also in November 2014, Roble bought airplane tickets and flew to Istanbul, but returned to China shortly thereafter.
On Dec. 27, 2014, Roble again traveled to Istanbul and, according to the complaint, subsequently made his way into Syria and joined ISIL.
A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is the result of an investigation conducted by members of the FBI-led Joint Terrorism Task Force (JTTF). The Minnesota JTTF includes members from the U.S. Marshals Service; Bloomington, Minnesota, Police Department; Ramsey County, Minnesota, Sheriff’s Office; Hennepin County, Minnesota, Sheriff’s Office, Federal Air Marshals Service; Customs and Border Patrol; Department of Homeland Security; Minneapolis Police Department; the Airport Police; Internal Revenue Service-Criminal Investigation; and the FBI. The National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the District of Minnesota are prosecuting the case.
Eleventh Twin Cities Man Charged with Conspiracy to Provide Material Support to ISILRead the Press Release
United States Attorney for the District of Minnesota Andrew M. Luger and Special Agent in Charge for the Minneapolis Division of the FBI Richard T. Thornton today announced a criminal complaint charging MOHAMED AMIIN ALI ROBLE, 20, with conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL) and providing material support to ISIL.According to the complaint and documents filed in court, on October 4, 2014, ROBLE and his mother flew from Minneapolis to Beijing, China. From Beijing, ROBLE flew to Wuhan, in Hubei Province, China.
Approximately one-month later, four of ROBLE’s co-defendants attempted to travel from Minnesota to Syria to join ISIL, via New York’s JFK International Airport. The four co-defendants were stopped by federal law enforcement agents at JFK from flying from New York to various destinations in Europe.
According to the complaint and documents filed in court, during the same time period that his co-defendants made their attempt to travel through New York to Turkey, ROBLE made six cash withdrawals of approximately $1,000 each from an ATM in Wuhan, China. The withdrawals were made from an account containing funds ROBLE obtained from a monetary settlement he was awarded after suffering personal injuries in the I-35W bridge collapse of August 1, 2007.
According to the complaint and documents filed in court, in November 2014 ROBLE bought airfare and flew to Istanbul, Turkey. From Turkey, ROBLE called his mother and told her that he was in Turkey “shopping,” and that he needed an airline ticket back to China, which she purchased for him. ROBLE returned to China shortly thereafter.
On December 27, 2014, ROBLE again traveled to Istanbul. ROBLE did not return to China from this second trip to Turkey.
This case is the result of an investigation conducted by members of the FBI-led Joint Terrorism Task Force (JTTF). The JTTF includes members from the following departments: the United States Marshals Service, Bloomington Police Department, Ramsey County Sheriff’s Office, Hennepin County Sheriff’s Office, Federal Air Marshals Service, Customs and Border Patrol, Department of Homeland Security, Minneapolis Police Department, the Airport Police, IRS-CI, and the FBI.
Defendant Information:MOHAMED AMIIN ALI ROBLE, 20
Minneapolis, Minn.Charges:
• Conspiracy to provide material support to a designated foreign terrorist organization, 1 count
• Providing material support to a designated foreign terrorist organization, 1 countEl Paso, Texas, Men Enter Guilty Pleas in New Mexico in Spice Trafficking CaseRead the Press Release
ALBUQUERQUE – Juan C. Chavez, 39, of El Paso, Texas pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute controlled substance analogues, commonly known as “spice.” Co-defendant David Molinar, 34, also of El Paso, Texas, entered a guilty plea on Aug. 19, 2016, in the same case to the unlawful sale of drug paraphernalia. Under the terms of their plea agreements, Chavez will be sentenced to 18 months in prison and Molinar will be sentenced to 15 months in prison. Each will serve a term of supervised release to be determined by the court after completing his prison sentence.
Chavez, Molinar and co-defendants Tasha S. Garcia, 30, of El Paso, and Kenia N. Liberato, 27, of Sunland Park, N.M., were charged in an eight-count indictment filed on Sept. 16, 2015. The indictment charges all four defendants with conspiring to distribute “spice” from June 2012 through Sept. 2015. It also charged Molinar and Chavez with maintaining a place for the purpose of manufacturing, distributing and using “spice,” and three counts of possession of “spice.” Molinar, Chavez and Garcia also were charged with distributing “spice” and selling drug paraphernalia in May 2014, and distributing “spice” in June 2015. According to the indictment, the defendants committed the crimes in Doña Ana County, N.M.
During today’s proceedings, Chavez pled guilty to Count 1 of the indictment charging him with conspiracy to distribute controlled substance analogues. In entering the guilty plea, Chavez admitted that from June 2012 through Sept. 2015, he owned and operated a head shop known as “Station Recreation.” While operating “Station Recreation,” Chavez agreed and acted with his co-defendants to distribute “spice.”
Molinar entered a guilty plea on Aug. 19, 2016, to Count 7 of the indictment, which charged him with selling drug paraphernalia. In his plea agreement, Molinar admitted that he was the co-owner of a smoke shop in Sunland Park, and that on May 29, 2014, one of his employees sold drug paraphernalia at the smoke shop.
Sentencing hearings for Chavez and Molinar have yet to be scheduled.
The charges against Garcia have been dismissed, and Liberato is participating in a pretrial diversion program.
This case was investigated by the El Paso office of the DEA, Homeland Security Investigations, Customs and Border Protection, U.S. Border Patrol, Anthony (N.M.) Police Department, El Paso Police Department, El Paso County Sheriff’s Office, Texas Attorney General’s Office and Charleston, W.V. Police Department. Assistant U.S. Attorneys Mark A. Saltman and John Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.
The controlled substance analogues charged in the indictment are commonly referred to as synthetic cannabinoids or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
East Idaho Man Pleads Guilty to Producing Child PornographyRead the Press Release
POCATELLO – Erik Rodriguez, 25, of Rupert, Idaho, pleaded guilty today to sexual exploitation of a minor child, U.S. Attorney Wendy J. Olson announced. Rodriguez was indicted by a federal grand jury in Pocatello on November 24, 2015.
According to the plea agreement, Homeland Security special agents, working in conjunction with the Idaho Internet Crimes Against Children Task Force (ICAC) officers, downloaded a sexually exploitative video of a minor from an individual later identified as Rodriguez in April 2015. After a search of Rodriguez’s home revealed numerous computers and electronic devices being used to view and store child pornography, Rodriguez admitted to possessing and producing child pornography. Agents found approximately 133 images and 302 videos of child sexual abuse material on Rodriguez’s devices, in addition to the sexually explicit images Rodriguez produced of a girl under 10 years old.
The charge of sexual exploitation of a minor is punishable by at least 15, and up to 30, years in prison, a maximum fine of $250,000, and five years, up to a life term, of supervised release.
Sentencing is set for November 8, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), the Minidoka County Sheriff’s Office, and the Idaho ICAC Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Dunbar heroin dealer pleads guilty to federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Dunbar man pleaded guilty today to a federal heroin crime, announced United States Attorney Carol Casto. Christian Bowles, 24, entered his guilty plea to distribution of heroin.
Bowles admitted that on March 24, 2015, he sold over four grams of heroin to a confidential informant working with law enforcement in exchange for $1,000. Bowles made the drug deal outside of his Dunbar residence. He further admitted that he was involved in the distribution of up to 20 grams of heroin.
Bowles faces up to 20 years in federal prison when he is sentenced on December 5, 2016.
The Charleston Police Department’s Special Enforcement Unit conducted the investigation. Assistant United States Attorney John J. Frail is handling the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted 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.