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Thursday 11 August 2016
New York Man Pleads Guilty to Conspiracy to Provide Material Support to ISIL in Connection with Planned New Year’s Eve AttackRead the Press Release
Emanuel L. Lutchman, 26, of Rochester, New York, pleaded guilty today to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL).
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.
Lutchman pleaded guilty before U.S. District Judge Frank P. Geraci Jr. of the Western District of New York. He has been detained in federal custody since his arrest by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF) on Dec. 30, 2015. Sentencing is scheduled for Nov. 15, 2016, before Judge Geraci, where Lutchman faces a statutory maximum sentence of 20 years in prison, a $250,000 fine and a lifetime term of supervised release. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
“Emanuel Lutchman admitted to conspiring with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Assistant Attorney General Carlin. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
“Residents of this community can now sleep better knowing that a person who wanted to kill in the name of an infamous terrorist group – right on the streets of our city – will no longer be a threat,” said U.S. Attorney Hochul.
As part of his guilty plea, Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups, including all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the United States and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to ISIL supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar;” and contact information for the ISIL member and Al-Amriki.
According to the plea agreement, on Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do. Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the United States, that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the United States.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL, and also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible and reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that any victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
The investigation was conducted by the FBI’s Rochester JTTF. The case is being prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.
New York Man Pleads Guilty to Conspiracy to Provide Material Support to ISIL in Connection with Planned New Year’s Eve AttackRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051WASHINGTON – Emanuel L. Lutchman, 26, of Rochester, New York, pleaded guilty today to conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL).
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo, New York Division made the announcement.
Lutchman pleaded guilty before U.S. District Judge Frank P. Geraci Jr. of the Western District of New York. He has been detained in federal custody since his arrest by members of the FBI’s Rochester Joint Terrorism Task Force (JTTF) on Dec. 30, 2015. Sentencing is scheduled for November 15, 2016, at 3:30 p.m. before Judge Geraci, where Lutchman faces a statutory maximum sentence of 20 years in prison, a $250,000 fine and a lifetime term of supervised release. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
“Emanuel Lutchman admitted to conspiring with an ISIL member located overseas and planned to kill innocent civilians on U.S. soil in the name of the terrorist organization,” said Assistant Attorney General Carlin. “Countering terrorist threats remains the highest priority of the National Security Division, and we will continue our efforts to bring to justice those who conspire to provide material support to foreign terrorist organizations. I want to thank the many agents, analysts and prosecutors who contributed to the disruption of this deadly plot.”
“Residents of this community can now sleep better knowing that a person who wanted to kill in the name of an infamous terrorist group – right on the streets of our city – will no longer be a threat,” said U.S. Attorney Hochul.
As part of his guilty plea, Lutchman admitted that he conspired with an individual known as Abu Issa Al-Amriki, a now-deceased ISIL member in Syria, and planned to conduct an attack against civilians using knives and a machete on New Year’s Eve in 2015. Lutchman admitted that he intended to conduct an attack that could be claimed by ISIL and that could also help him gain membership into ISIL when he thereafter traveled overseas to join the terrorist organization.
According to court documents, Lutchman posted on social media expressions of support for ISIL, including images, videos and documents relating to ISIL and violent jihad. Lutchman also downloaded and watched terrorism-related videos, including videos relating to ISIL and the now-deceased terrorist Anwar al-Awlaki. The defendant also maintained a digital collection of documents relating to terrorism and terrorist groups, including all of the issues of Inspire magazine and other documents designed to provide guidance to individuals seeking to travel overseas to engage in violent jihad or engage in “lone wolf” terrorist attacks in the United States and elsewhere.
In December 2015, Lutchman obtained an online document written by an ISIL member in Syria, in which the ISIL member provided guidance to ISIL supporters who were seeking to travel overseas to join ISIL, including advice about preparation for violent jihad; the use of security measures while traveling to avoid apprehension by law enforcement authorities; instructions for killing non-believers and infidels, or “kuffar;” and contact information for the ISIL member and Al-Amriki.
According to the plea agreement, on Dec. 25, 2015, Lutchman initiated online contact with Al-Amriki, who identified himself as an ISIL member in Syria. In a series of subsequent communications, Al-Amriki told Lutchman to plan an attack on New Year’s Eve and kill a number of kuffar. Al-Amriki advised the defendant to write something before the attack and give it to the ISIL member so that after the attack the ISIL member could post it online to announce Lutchman’s allegiance to ISIL. Al-Amriki told Lutchman that whatever Lutchman sends to ISIL, they would keep it until the attack was complete and then post it and publicize the attack on the Internet. Al-Amriki emphasized that Lutchman is “behind enemy lines,” that Lutchman was the closest person to their most hated enemy and that Lutchman has the chance to do things that ISIL wishes it could do. Lutchman ultimately told Al-Amriki that he has a couple of “brothers” that want to make hijra and plan an attack. Al-Amriki encouraged Lutchman to complete an attack and stated that, if the Syrian borders open and the attack does not succeed, he would help Lutchman and his “brothers” make hijra. Al-Amriki told Lutchman to show ISIL how serious he is, stating, “New years is here soon. Do operations and kill some kuffar.” Lutchman told Al-Amriki that he hates it in the United States, that he wants to join the ranks of ISIL and that he is ready to “give everything up” to be in Syria with ISIL. Al-Amriki told Lutchman, for the time being, to do what he can in the United States.
In late December 2015, Lutchman was communicating with other individuals (referred to as Individuals A, B, and C in the plea agreement) who, unbeknownst to Lutchman, were cooperating with the FBI. In these communications, Lutchman made statements expressing his strong support of ISIL and his desire to travel overseas to join ISIL, and also discussed in detail his online communications with Al-Amriki and the ISIL member. In subsequent communications, Lutchman referred at various times to Individuals A, B and C as “brothers” who would be involved in the New Year’s Eve attack.
Lutchman admitted that on Dec. 27, 2015, he and Al-Amriki discussed potential targets, and Al-Amriki told Lutchman to find the most populated area and kill as many people as possible and reiterated that, after the operation was done, he would vouch for Lutchman and the other participants in the attack and he would start sending “brothers” to ISIL in Libya, to which Lutchman agreed.
Lutchman admitted that he met with Individual C on Dec. 28, 2015, and indicated that he wanted to target a club or bar and proposed that they kidnap a couple of people and kill them. Lutchman stated that they would have to wear masks during the operation in order to avoid getting caught by law enforcement authorities.
Lutchman admitted that on the evening of Dec. 29, 2015, Lutchman and Individual C went to a store in Rochester to purchase weapons and supplies for the attack, including two black ski masks, two knives, a machete, zip-ties, duct tape, ammonia and latex gloves. Lutchman told Individual C that “the operation is a go,” and noted that any victims would have to be killed. The defendant and Individual C discussed making a video before the operation, at Al-Amriki’s direction, in which they would explain their rationale for the attack and swear bayah (allegiance) to the leader of ISIL, Abu Bakr al-Baghdadi. Lutchman said that he planned to release the video after the completion of the attack.
Lutchman admitted that on Dec. 30, 2015, he made a video pledging allegiance to ISIL and al-Baghdadi, and stated that ISIL was going to establish the caliphate in the land of Islam. In reference to the planned New Year’s Eve attack, Lutchman stated, “the blood that you spill of the Muslim overseas we gonna spill the blood of the kuffar,” and asked Allah to “make this a victory.” In the video, Lutchman covered all of his face except for his eyes and he held one index finger in the air, which is a sign commonly used by ISIL members and supporters. Immediately thereafter, law enforcement agents arrested Lutchman and recovered the items purchased by Lutchman and Individual C the previous day from Lutchman’s residence.
The investigation was conducted by the FBI’s Rochester JTTF. The case is being prosecuted by Assistant U.S. Attorney Brett A. Harvey of the Western District of New York, with the assistance of Trial Attorney Larry Schneider of the National Security Division’s Counterterrorism Section.
New Orleans Man Pleads Guilty in Interstate Heroin CaseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LEJEUNE HARRIS, age 43, of New Orleans, pled guilty today to one count of conspiracy to distribute one kilogram or more of heroin, one count of possession with intent to distribute 100 grams or more heroin, and one count of attempted possession with intent to distribute 100 grams or more heroin.
According to court records, law enforcement officers found four packages of heroin weighing one kilogram in total during a traffic stop of a Fiat on Interstate-10 East in Calcasieu Parish. The driver admitted that she had been paid $1,000 in cash to drive the heroin from LARRY DUPOR in Houston to HARRIS at a car wash in New Orleans East. The driver stated that she had made similar trips before to deliver heroin between DUPOR and HARRIS, and she agreed to assist law enforcement by following through with a delivery of ‘sham’ heroin to HARRIS. The driver was instructed by DUPOR to deliver three of the four heroin packages to HARRIS, and she proceeded to the car wash in New Orleans East under law enforcement surveillance with three ‘sham’ packages. There she was met by HARRIS, who took the ‘sham’ packages weighing approximately 750 kilograms in total and then handed the driver $2,000 in cash. HARRIS entered the car wash office, and surveillance agents then entered the scene and detained HARRIS. Agents obtained a search warrant for the car wash office and recovered an additional 479 grams of heroin in a hidden area where the three packages of ‘sham’ heroin were also found.
HARRIS faces a term of imprisonment of at least 20 years and up to life for the conspiracy charge, due in part to a prior felony drug conviction. U.S. District Judge Jane Triche Milazzo set sentencing on November 10, 2016. DUPOR is scheduled for re-arraignment before Judge Milazzo on August 25, 2016.
U.S. Attorney Polite praised the work of the Homeland Security Investigations in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.
New Orleans Business Owner Sentenced to 80 Months in Prison for Role in $3.3 Million Fraud SchemeRead the Press Release
WASHINGTON – The owner of a New Orleans company that defrauded Medicare of more than $3.3 million was sentenced today to 80 months in prison for directing the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office and Special Agent in Charge Mike Fields of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Regional Office made the announcement.
Tracy Richardson Brown, 46, of New Orleans, was sentenced by U.S. District Judge Stanwood R. Duval Jr. of the Eastern District of Louisiana, who also ordered Brown to pay $2,004,391.63 in restitution.
On April 30, 2016, Brown, who owned and operated medical equipment supply company Psalms 23 DME LLC (Psalms), was convicted on 18 counts of health care fraud, conspiracy and related charges. Evidence introduced at the five-day trial showed that Brown paid patient recruiters for the names and billing information of Medicare beneficiaries in and around New Orleans. The evidence that was presented also showed that Brown used this information to cause Psalms to bill Medicare for power wheelchairs, accessories and various knee, elbow and back braces supposedly provided to these beneficiaries. However, according to the evidence presented at trial, the vast majority of these patients did not need, and often did not receive or even want, this equipment. The evidence at trial demonstrated that Brown caused Psalms to bill Medicare for more than $3.3 million in claims, a vast percentage of which were fraudulent, and Medicare paid Psalms approximately $2 million on these claims. At her sentencing, Judge Duval stated that the sentence was based, in part, upon Brown’s use of elderly people to commit a “reprehensible crime.”
The FBI and HHS-OIG investigated the case. Fraud Section Trial Attorney William Kanellis and Assistant U.S. Attorney Patrice Sullivan of the Eastern District of Louisiana in New Orleans prosecuted the case.
New Orleans Business Owner Sentenced to 80 Months in Prison for Role in $3.3 Million Fraud SchemeRead the Press Release
The owner of a New Orleans company that defrauded Medicare of more than $3.3 million was sentenced today to 80 months in prison for directing the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Regional Office made the announcement.
Tracy Richardson Brown, 46, of New Orleans, was sentenced by U.S. District Judge Stanwood R. Duval Jr. of the Eastern District of Louisiana, who also ordered Brown to pay $2,004,391.63 in restitution.
On April 30, 2016, Brown, who owned and operated medical equipment supply company Psalms 23 DME LLC (Psalms), was convicted on 18 counts of health care fraud, conspiracy and related charges. Evidence introduced at the five-day trial showed that Brown paid patient recruiters for the names and billing information of Medicare beneficiaries in and around New Orleans. The evidence that was presented also showed that Brown used this information to cause Psalms to bill Medicare for power wheelchairs, accessories and various knee, elbow and back braces supposedly provided to these beneficiaries. However, according to the evidence presented at trial, the vast majority of these patients did not need, and often did not receive or even want, this equipment. The evidence at trial demonstrated that Brown caused Psalms to bill Medicare for more than $3.3 million in claims, a vast percentage of which were fraudulent, and Medicare paid Psalms approximately $2 million on these claims. At her sentencing, Judge Duval stated that the sentence was based, in part, upon Brown’s use of elderly people to commit a “reprehensible crime.”
The FBI and HHS-OIG investigated the case. Fraud Section Trial Attorney William Kanellis and Assistant U.S. Attorney Patrice Sullivan of the Eastern District of Louisiana in New Orleans prosecuted the case.
New Jersey Man Charged with Possession with Intent to Distribute HeroinRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal Grand Jury in Harrisburg returned an indictment yesterday charging Manel Smith, age 39, with possession with intent to distribute heroin. Smith is a resident of New Jersey and was driving a car through Lebanon County when he was stopped.
This matter was investigated by the Pennsylvania State Police and the Drug Enforcement Agency. Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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 40 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New Haven Man Pleads Guilty to Federal Carjacking OffenseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that KYLE VALENTINE, 25, of New Haven, pleaded guilty today before U.S. Magistrate Judge Robert A. Richardson in Hartford to a federal carjacking offense.
According to court documents and statements made in court, on January 1, 2016, two men from out of state who were driving a rented 2015 Volkswagen Passat were victims of an armed carjacking in the vicinity of Hobart Street and Myrtle Street in Meriden. The victims reported that they had stopped to ask an individual, later identified as VALENTINE, for directions to a gas station. VALENTINE told the victims to follow his car, which they did. After traveling a few minutes, VALENTINE’s car stopped and another individual pointed a handgun at one of the victims who was sitting in the passenger seat of the car, opened the door and stated “I want everything.” The victims exited the car and VALENTINE and the other individual stole their wallets and cell phones and then drove away in the Passat.
VALENTINE pleaded guilty to one count of taking a motor vehicle from a person by force and violence or by intimidation, an offense that carries a maximum term of imprisonment of 15 years. He is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on November 2, 2016.
VALENTINE is detained pending sentencing.
This matter is being investigated by the Federal Bureau of Investigation and the East Haven, Meriden, Milford and New Haven Police Departments. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Mississippi Woman Sentenced to 12 Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
Jaelyn Delshaun Young, 20, of Starkville, Mississippi, was sentenced today to serve 144 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 30, Young pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Young to serve a 15 year term of supervised release following her imprisonment.
Young pleaded guilty to conspiring with Muhammad Oda Dakhlalla, 23, also of Starkville, to provide material support to ISIL. Dakhlalla pleaded guilty to the same charge on March 13 and will be sentenced on Aug. 24.
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 Woman Sentenced in Mail Fraud InvestigationRead the Press Release
OXFORD, Mississippi – U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Inspector in Charge Tom Noyes of the U.S. Postal Inspection Service, and U.S. Veteran’s Affair Resident Agent in Charge John Ramsey announce that Tammi Henderson Palasini, 53, of Indianola, Mississippi, was sentenced yesterday by Chief U.S. District Judge Sharion Aycock to 53 months in prison, concurrent with the sentence imposed by the State of Mississippi, 3 years Supervised Release following imprisonment and restitution in the amount of $2,441,884.01.
Palasini had previously plead guilty to devising and executing a scheme to defraud investors, including U.S. Military veterans, through the use of the U.S. Mail, in violation of 18 U.S.C. 1341.
U.S. Attorney Felicia C. Adams said, “The acts committed by Ms. Palasini tell a disturbing tale of avarice and greed. She defrauded veterans and other investors for her own financial gain. The sentence Palasini received reinforces the message that federal courts view fraud as a serious crime that warrants significant punishment. The United States Attorney’s Office is committed to holding fraudsters like Palasini accountable for their illegal activities.”
Palasini was remanded to the custody of the U.S. Marshals Service to await transfer to the facility designed by the Bureau of Prison for service of the sentence.
The investigation was conducted by the U.S. Postal Inspection Service and U.S. Department of Veteran Affairs, Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Robert W. Coleman II.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FAUSTINO JUAREZ-CASTILLO, age 31, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the Indictment, JUAREZ-CASTILLO reentered the United States after he was previously deported on October 28, 2011. If convicted, JUAREZ-CASTILLO faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Members of Seattle Drug Trafficking Organization Indicted for Distribution of HeroinRead the Press Release
SEATTLE – The leader of a multi-national drug trafficking organization was arrested earlier this week and was returned to the United States yesterday from Mexico, announced U.S. Attorney Annette L. Hayes. Four members of the organization were arrested June 23, 2016, in Washington State. Conspiracy leader RICARDO RAMACHO, aka Ricky Ramacho, 34, fled from law enforcement from his residence in Mexico. He was located and arrested August 9, 2016. The indictment follows a two year investigation spanning multiple states and Mexico. It charges five individuals with distributing large amounts of heroin – some of it smuggled from Arizona to Washington hidden behind door panels in rental cars. During the June arrests, investigators searched three locations in Seattle and one in Renton.
“Heroin continues to take a terrible toll on people in our community and across this country,” said United States Attorney Annette L. Hayes. “I commend the dogged work of the FBI and Bellevue Police Department to stop those who peddle this drug and profit from the misery of those who are addicted to it. Their pursuit of those involved -- no matter where they are located -- is an important part of the effort to stop this terrible scourge.”
RAMACHO was taken into custody without incident Tuesday August 9th, in Playas de Tijuana near Tijuana, Mexico, by Baja California State Preventive Police, in close coordination with the FBI legal attaché office at the U.S. Embassy in Mexico City. Mexican authorities repatriated RAMACHO yesterday, transferring him to FBI custody. RAMACHO, a U.S. citizen, made his initial appearance yesterday in U.S. District Court for the Southern District of California, in San Diego.
According to the indictment and court records, within the last five years, the defendants participated in a drug distribution ring remotely directed by defendant RAMACHO from his residence in the Tijuana, Mexico area. Beginning in June 2014, law enforcement authorities used a variety of tools including telephone record analysis, confidential sources, and surveillance to observe activities of this drug organization. Investigators observed a drug supply purchase in Arizona and numerous drug sales at a Seattle residence in the Hillman City neighborhood and at a Seattle gas station in the Beacon Hill area. Investigators observed defendants at a Renton business search vehicle compartments that were later flagged by a law enforcement K-9 for the scent of narcotics.
“Once again, investigations like this one prove the essential value of strong law enforcement partnerships and our ability to work together to meet a common goal,” said Special Agent in Charge Frank Montoya, Jr., of the FBI’s Seattle division. “In this case, it enabled us to effectively target multiple subjects across the country and internationally. Our joint efforts enabled us to identify and shut down a significant drug-trafficking activity and key elements of the organization supporting it. The FBI is particularly appreciative of our law enforcement partners in Mexico.”
“This operation was the result of close cooperation and collaboration between several Federal, State, and Local law enforcement agencies and prosecutors, including investigators from the Eastside Narcotics Task Force and the FBI’s Safe Streets Task Force,” said Bellevue Police Chief Steve Mylett. “I am very proud of the hard work of these dedicated law enforcement professionals. As a result of this large scale operation, a well-organized drug trafficking operation has effectively been dismantled, and the entire Puget Sound region is safer.”
Those arrested on the indictment include:
Ricardo Ramacho, aka Ricky Ramacho, 34, recently residing near Tijuana, Mexico
Alexa Rae Bockmier, 25, of Seattle, Washington (on June 15, 2018 charges against Bockmier were dismissed due to her successful completion of Drug Reentry DREAM Court)
Cody Alan Clay, 28, of Renton, Washington
Burrell Michael de Bose, aka “O.G.,” 64, of Seattle, Washington
Nicholas Matthew Bond, 30, of Seattle, WashingtonThe charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. This investigation was led by the FBI’s Seattle Division and Bellevue Police Department’s (BPD’s) Eastside Narcotics Task Force (ENTF). The ENTF is composed of BPD officers, and agents and officers from the Washington State Patrol (WSP), US Postal Inspection Service, and the Redmond, Kirkland, and Mercer Island police departments in partnership with the King County Prosecuting Attorney’s Office. Special Weapons and Tactics (SWAT) teams from the FBI, BPD, and WSP conducted the arrests, and King County Sheriff’s Office assisted with the searches.
The case is being prosecuted by Assistant United States Attorney Mark Parrent.
Manchester Man Sentenced to 20 Years After Being Convicted on Continuing Criminal Enterprise Drug ChargesRead the Press Release
CONCORD, New Hampshire – United States Attorney, Emily Gray Rice announced that Alkis Nakos, 37, of Manchester was sentenced to 20 years in federal prison after a jury convicted him on drug conspiracy and continuing criminal enterprise charges last August. The sentence was the statutory mandatory minimum applicable to Nakos.
According to documents that were filed in United States District Court, Nakos served as the New Hampshire leader of an international drug distribution network that brought high grade marijuana from Canada for distribution in the United States. In addition to smuggling cash back to Canada, the organization used proceeds from the sale of marijuana to purchase large quantities of cocaine that were then shipped into Canada. In August 2015, a jury found Nakos guilty of conspiring to distribute more than one thousand kilograms of marijuana during the period from 2008 through 2014. They also found Nakos guilty of engaging in a continuing criminal enterprise during the same period.
Evidence obtained in the investigation established that Nakos used the proceeds from the sale of marijuana to fund the purchase of luxury cars and jewelry, to fund structural improvements to his home, and that he spent more than $658,000 in gambling at Foxwoods Resort and Casino.
The United States requested that the jury’s verdict on the count two conspiracy charge be vacated to avoid a constitutional issue under the Double Jeopardy Clause. The court granted the government’s request and sentenced Nakos on the continuing criminal enterprise charge.
The case was investigated by the New Hampshire State Police, the Drug Enforcement Administration and the Manchester Police Department.
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Manchester Man Pleads Guilty to Role in Credit Union RobberyRead the Press Release
CONCORD, N.H.– Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Derek Potocki, 31, previously of Manchester, New Hampshire, pleaded guilty before Senior United States District Judge Steven J. McAuliffe to an Indictment charging him with one count of aiding and abetting bank robbery in violation of Title 18, United States Code, Sections 2113(a) and 2.
According to court documents and statements made in court, in March 2015 Potocki pressured Melissa Boucher, 27, previously of Manchester, to rob a bank for him. Potocki selected the bank and provided Boucher with instructions including how to dress and disguise her appearance. The two proceeded to the Member’s First Credit Union at 44 Bridge Street in Manchester on the morning of March 3, 2015. Boucher, who was unarmed at the time, did as she had been instructed, entering the bank alone, passing the note to the teller, and making out with a sum of cash. She then fled with the cash, and the proceeds were divided between her and Potocki. Boucher then utilized a portion of the proceeds to purchase heroin, on which she overdosed. When paramedics were able to resuscitate her, large amounts of cash fell out of her clothing. She was arrested and has remained in custody on a New Hampshire state parole violation since that date. Potocki took his portion of the funds and fled the area.
Boucher previously pleaded guilty to her role in the robbery and is scheduled for sentencing on September 9, 2016 in front of U.S. District Judge Landya McCafferty.
Potocki’s plea agreement includes a binding stipulated sentence of 72 months’ incarceration. A sentencing hearing has been scheduled for November 22, 2016, in front of Judge McAuliffe. At that time, the Court will decide whether to accept the plea agreement and impose the agreed-upon period of incarceration, as well as any other conditions of Potocki’s sentence. Potocki also faces a mandatory restitution order to the Member’s First Credit Union.
This matter is being investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Charles L. Rombeau.
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Man Sentenced to 49 Months for Possessing Molotov CocktailsRead 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 William Lovell Smith, 48, of Buffalo, New York, who was convicted of receiving and possessing aa destructive device, that is, Molotov cocktails, was sentenced to a term of imprisonment of 49 months by United States District Court Judge William M. Skretny. This term of imprisonment, which will be followed by a term of 3 years supervised release, also included restitution in the amount of $70,000, to be paid to the victim. This sentence was the result of the defendant pleading guilty to a violation of Title 18, United States Code, Section 5861(d).
Assistant United States Attorney Joel L. Violanti, who handled the case, stated the defendant assisted in manufacturing at least two (2) Molotov cocktails. Molotov cocktails are devices generally consisting of glass bottles filled with gasoline around which are placed a fuse or method of ignition, and are designed to ignite and burn upon breaking. The particular devices were used on November 1, 2011, for the purpose of burning an occupied dwelling on Schreck Avenue, Buffalo, New York.
The successful prosecution was the culmination of an investigation on the part of the Alcohol, Tobacco, Firearms, and Explosives (ATF) under the direction of Special Agent in Charge, Delano A. Reid, and the Buffalo Fire Investigation Unit under the direction of Buffalo Fire Commissioner Garnell Whitfield.
Man Indicted for Growing Marijuana on National Forest Land in Trinity County and Stabbing a Police CanineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Francisco Barcellos-Ramirez, 34, of Mexico, charging him with conspiring to manufacture and manufacturing marijuana, damaging public lands, and harming a police canine, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between April 30, 2016, and July 21, 2016, Barcellos-Ramirez conspired to cultivate marijuana in the Shasta-Trinity National Forest, near the town of Wildwood. He was arrested on July 21, 2016, when law enforcement searched the marijuana-cultivation site that contained over 1,600 marijuana plants. During the arrest, Barcellos-Ramirez stabbed a police dog several times in the neck and face. The dog had to be transported by helicopter to Redding for emergency medical care but survived.
This case is the product of an investigation by the United States Forest Service, the Trinity County Sheriff’s Office, and the California Department of Fish and Wildlife.
If convicted of the drug offenses, Barcellos-Ramirez faces a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison and a $10 million fine. The remaining crimes carry a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Man Indicted for Armed Robbery of Mail Carrier in Rancho CordovaRead the Press Release
SACRAMENTO, Calif. — Juan Carlos Maldonado, 21, of Sacramento, was indicted today for the armed robbery of a U.S. Postal Service letter carrier in Rancho Cordova, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 21, 2016, Maldonado and others obtained a sport utility vehicle, removed its plates, stalked a U.S. letter carrier, and then robbed the carrier at gunpoint in a Rancho Cordova neighborhood. During the robbery, Maldonado and his associates raided the postal truck, stealing property of the United States and over 800 items of U.S. Mail. Following the robbery, they rifled through the stolen mail for personal identification and financial information, which Maldonado used and provided to others for use, to defraud financial institutions. Maldonado is charged with one count of robbery of a U.S. mail carrier, four counts of bank fraud, one count of aggravated identity theft, and two counts of possessing robbery proceeds.
On June 30, 2016, Maldonado was arrested by the El Dorado County Sheriff’s Office at the Red Hawk Casino while attempting to access proceeds from credit cards stolen during the June 21, 2016 robbery.
San Francisco Division Inspector in Charge Rafael Nunez stated: “Working with the U.S. Attorney's Office and our partners in law enforcement, Postal Inspectors arrested this individual for the armed robbery of a U.S. Postal Service Letter Carrier. Protecting postal employees from harm is the U.S. Postal Inspection Service's top priority.”
This case is the product of an investigation by the United States Postal Inspection Service and the United States Postal Inspection Service’s Narcotic and Economic Crimes Investigations Task Force (NECI) with assistance from the El Dorado County Sheriff’s Office, the El Dorado County District Attorney’s Office, and the Rancho Cordova Police Department. NECI is a partnership between local and federal law enforcement to combat theft and unlawful use of the U.S. Mail. The Placer County District Attorney’s Office and Sutter County Sheriff’s Office have each dedicated law enforcement personnel to the task force. Assistant United States Attorney Michelle Rodriguez is prosecuting the case.
If convicted, Maldonado faces a maximum statutory penalty of up to 30 years in prison and a $1 million fine for the bank fraud, a mandatory two years in prison consecutive to any other term for the aggravated identity theft, and up to 10 years in prison and a $1 million fine for robbery of a U.S. mail carrier and possession of robbery proceeds. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Lodi Man Indicted for Distributing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Jarod Perdichizzi, 29, of Lodi, charging him with distribution of child pornography, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Perdichizzi used the Kik messenger service to chat online about having sexual contact with a minor female. He then emailed photos of minors engaged in sexually explicit conduct to an undercover federal agent. After executing a federal search warrant at Perdichizzi’s residence, agents found a thumb drive containing hundreds of images of child pornography. Perdichizzi has been in custody since his arrest on July 28, 2016.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Special Assistant United States Attorney Josh F. Sigal is prosecuting the case.
If convicted, Perdichizzi faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Lincoln County Man Sentenced for Trafficking Synthetic DrugsRead the Press Release
St. Louis, MO – Richard Gross, Winfield, MO, was sentenced today to 150 months in prison on multiple counts involving the trafficking of synthetic drugs. Additionally, as part of these convictions, the defendants have agreed to the forfeiture of assets and property totaling in excess of $6.5 million.
According to court documents, Richard Gross and co-defendant Paul Berra manufactured synthetic cannabinoids known on the street as “K 2” and “Incense” and synthetic cathinones known on the street as “Bath Salts.” These products were sold to stores in a number of states. However, their largest customer was Gross’ mother, co-defendant Pam Tabatt, who was the largest retailer of synthetic drugs in the Eastern District of Missouri. She sold the synthetic drugs through South 94 Bait and Tackle in St. Charles County and Smoke Sensations, Nights of Rave in St. Louis County.
Gross, Winfield, MO, pled guilty in April to one felony count each of conspiracy to distribute and possess with the intent to distribute controlled substance analogues intended for human consumption, conspiracy to fraudulently receive and distribute misbranded products in interstate commerce, conspiracy to import controlled substance analogues into the United States and conspiracy to receive, sell and facilitate transportation of smuggled goods. He appeared today for sentencing before United States District Judge John A. Ross.
Pamela Tabatt, St. Peters, MO, pled guilty to related charges in March. She was sentenced July 20 to 150 months in prison and ordered to pay a $25,000 fine. Paul Berra, Jr., Warrenton, MO, entered his plea in January and was sentenced in May to 34 months in prison.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service Criminal Investigation, Drug Enforcement Administration, the Postal Inspection Service and the Federal Bureau of Investigation. Additional assistance was received from the St. Louis County Police Department, St. Charles County Sheriff’s Department, MO Lake Area Narcotics Enforcement Group, Metropolitan Enforcement Group for Southern IL, Southern Illinois Drug Task Force, the Illinois Attorney General’s Office, as well as the prosecuting attorney's offices in St. Louis County, MO; St. Charles County, MO; Madison County, IL and St. Clair County, IL. Assistant United States Attorneys James Delworth and Erin Granger handled the case for the U.S. Attorney's Office.
KC Man Sentenced for Armed Robbery ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for his role in a conspiracy to commit several armed robberies at restaurants in the metropolitan area.
William H. Parker III, 21, of Kansas City, was sentenced by U.S. District Judge Beth Phillips to 10 years in federal prison without parole.
Parker pleaded guilty on April 19, 2016, to participating in the conspiracy to commit armed robberies, to one count of armed robbery and to one count of using a firearm during a crime of violence.
Parker is the fifth and final defendant to plead guilty and be sentenced for the armed robbery conspiracy and related charges. Isiah G. Etienne, 21, of Blue Springs, and Jeremy Hunter, also known as “Heat,” 26, of Kansas City, were each sentenced to 10 years in federal prison without parole. Mikah M. Labayen, 20, of Blue Springs, was sentenced to six years in federal prison without parole. Renargo L. Martin, 46, of Kansas City, Mo., was sentenced to five years in federal prison without parole.
Parker, Etienne, Labayen, Martin and Hunter each admitted that he participated in a conspiracy to rob several fast food restaurants in the Kansas City area in the fall of 2014. Parker, Labayen and Etienne were employed at a Chipotle restaurant in Blue Springs. Using their knowledge of procedures commonly used by such establishments, conspirators would wait until the end of a business day, and then rob restaurants by waiting until an employee opened a door to take trash out of the premises. They rushed the door to gain access, and then forced the manager or shift supervisor to give them access to the restaurant’s safe. Conspirators threatened restaurant employees with an assault rifle in order to force their cooperation.
Conspirators robbed a Chipotle restaurant in Lee’s Summit, Mo., on Nov. 3, 2014, taking $1,600; a Burger King restaurant in Independence, Mo., on Nov. 10, 2014, taking $914 and again on Nov. 30, 2014, taking $565; and a Chipotle restaurant in Blue Springs on Nov. 16, 2014, taking $6,800.
Following these robberies, Parker, Etienne and Labayen were captured after an attempted robbery of a motel.
This case was prosecuted by Assistant U.S. Attorney Patrick Edwards. It was investigated by the Kansas City, Mo., Police Department, the Lee’s Summit, Mo., Police Department, the Blue Springs, Mo., Police Department and the FBI.
Justice Department Sues Mississippi for Discriminating Against Adults with Mental IllnessRead the Press Release
The Justice Department today filed a complaint against the state of Mississippi, alleging that it violates the Americans with Disabilities Act (ADA) and Civil Rights of Institutionalized Persons Act (CRIPA) by failing to provide adults with mental illness with necessary integrated, community-based mental health services. The community integration mandate of the ADA and the Supreme Court’s decision in Olmstead v. L.C. require states to make services available to people with disabilities – including people with mental illness – in the most integrated setting appropriate to their needs.
The state’s failure to provide services in community settings forces adults with mental illness to access services and care in segregated state hospitals, including the Mississippi State Hospital, East Mississippi State Hospital, North Mississippi State Hospital and South Mississippi State Hospital. Under Olmstead, unnecessarily forcing people with disabilities to enter institutions to get services constitutes unlawful discrimination.
In December 2011, after conducting a comprehensive investigation, the department found that the state’s system for serving individuals with mental health disabilities violates the ADA. The department found that the state unnecessarily institutionalizes adults and children with disabilities and fails to ensure that they have access to necessary services and supports in the community. The state has recognized these failures but has not yet implemented the required reforms to meet the needs of persons with disabilities.
“When individuals with mental illness receive the services they need, they are better able to find meaningful work, secure stable housing, build personal relationships, and avoid involvement with the criminal justice system,” said Attorney General Loretta E. Lynch. “For far too long, Mississippi has failed people with mental illness, violating their civil rights by confining them in isolating institutions. Our lawsuit seeks to end these injustices, and it sends a clear signal that we will continue to fight for the full rights and liberties of Americans with mental illness”
“When individuals with mental illness get the services they need and the care they deserve, they can live and work in their own communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Mississippi violates the ADA by denying residents with disabilities the services the law requires and the support they deserve, forcing them to cycle in and out of state hospitals, emergency rooms and jails. The Justice Department’s lawsuit demonstrates our firm commitment to vindicate the rights of people with mental illness.”
“In Mississippi, adults with mental illness receive inadequate mental health care – care that is too often in segregated, institutional placements,” said U.S. Attorney Gregory Davis of the Southern District of Mississippi. “Mississippi has not developed the necessary supports in the community to prevent unnecessary institutionalization as required by the ADA.”
The complaint alleges that gaps and weaknesses in the state’s mental health system too often subject adults with mental illness to needless trauma, especially during a crisis. According to the complaint, adults with mental illness who experience a crisis in Mississippi often spend days in local emergency rooms and jail holding facilities that are ill-equipped to address their needs, before ultimately being transported to the state’s psychiatric hospitals. This costly and traumatic process could be avoided if adults with mental illness received proven and effective services in the community to prevent and deescalate crises, enable them to maintain safe housing and assist them in finding and holding employment.
Since issuing its findings letter, the department engaged in discussions with the state to reach a settlement resolving the violations the department identified. The parties, however, were ultimately unable to come to an agreement that would ensure the needed services and supports for people with disabilities in Mississippi. In order to vindicate the rights of adults with mental illness under the ADA, the United States has filed this lawsuit under the ADA and CRIPA. The United States is also participating as amicus in ongoing litigation against Mississippi in Troupe v. Barbour, a case that addresses the state’s ADA obligations toward children with mental health disabilities. The United States remains committed to resolving all of the violations the department identified in its findings letter.
For more information on the department’s Civil Rights Division, please visit www.justice.gov/crt.
Mississippi Olmstead Complaint
Justice Department Files Lawsuit Against New Mexico State University Alleging Discrimination in Pay Against Female CoachRead the Press Release
ALBUQUERQUE – The Justice Department announced today that it has filed a lawsuit alleging that New Mexico State University and its Board of Regents (NMSU) discriminated against a female former assistant track coach on the basis of sex by paying her less than similarly-situated men in violation of Title VII of the Civil Rights Act of 1964.
The Justice Department’s complaint was filed in the U.S. District Court for the District of New Mexico and alleges that, over the relevant periods of time, NMSU paid Meaghan Harkins thousands of dollars less per year than it paid to two male assistant track coaches with similar responsibilities, in violation of Title VII. Title VII is a federal statute that prohibits employment discrimination – including discrimination in compensation – on the basis of sex, race, color, national origin and religion.
“Women deserve the same salary and the same respect as their male colleagues with similar job duties,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Lawsuits like this one demonstrate the Justice Department’s steadfast commitment to enforcing federal law to close the wage gap.”
“This lawsuit reflects the recognition by the Department of Justice of the bedrock principle of equal pay for equal work and that this principle must be applied to all employees within the public sector workforce,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.
Harkins originally filed a charge of sex discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s El Paso Area Office investigated the charge and found reasonable cause to believe that NMSU discriminated against Harkins. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.
Enforcement of federal employment discrimination laws remains a top priority of the Justice Department. More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt.
NMSU Complaint
Justice Department Files Lawsuit Against New Mexico State University Alleging Discrimination in Pay Against Female CoachRead the Press Release
The Justice Department announced today that it has filed a lawsuit alleging that New Mexico State University and its Board of Regents (NMSU) discriminated against a female former assistant track coach on the basis of sex by paying her less than similarly-situated men in violation of Title VII of the Civil Rights Act of 1964.
The Justice Department’s complaint was filed in the U.S. District Court for the District of New Mexico and alleges that, over the relevant periods of time, NMSU paid Meaghan Harkins thousands of dollars less per year than it paid to two male assistant track coaches with similar responsibilities, in violation of Title VII. Title VII is a federal statute that prohibits employment discrimination – including discrimination in compensation – on the basis of sex, race, color, national origin and religion.
“Women deserve the same salary and the same respect as their male colleagues with similar job duties,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Lawsuits like this one demonstrate the Justice Department’s steadfast commitment to enforcing federal law to close the wage gap.”
“This lawsuit reflects the recognition by the Department of Justice of the bedrock principle of equal pay for equal work and that this principle must be applied to all employees within the public sector workforce,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.
Harkins originally filed a charge of sex discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s El Paso Area Office investigated the charge and found reasonable cause to believe that NMSU discriminated against Harkins. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.
Enforcement of federal employment discrimination laws remains a top priority of the Justice Department. More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt.
New Mexico State University Complaint
Johnstown Man Sentenced to Prison for Possessing Crack Cocaine while on Supervised ReleaseRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., has been sentenced in federal court to six years in prison and four years’ supervised release on his conviction of violating federal narcotics laws. He was also sentenced to a consecutive one year term of incarceration for violating the conditions of his supervised release, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence on George J. Lawrence, V, 31, of Johnstown, Pa.
According to information presented to the court, on April 23, 2013, Lawrence possessed more than 28 grams of cocaine base with the intent to distribute it.
Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.
Mr. Hickton commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation leading to the successful prosecution of Lawrence.
Honduran National Sentenced for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that EDUARDO URBINA-JUAREZ, age 28, was sentenced today after previously pleading guilty to a one-count Indictment that charged him with illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
U.S. District Judge Nannette Brown sentenced URBINA-JUAREZ to serve six months imprisonment and ordered him to pay a special assessment of $100. Following the completion of his sentence, URBINA-JUAREZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Hedge Fund Manager Charged in Manhattan Federal Court with Scheme to Defraud InvestorsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced the arrest and unsealing of a complaint charging NICHOLAS MITSAKOS with securities and wire fraud in connection with a scheme to induce investments in a hedge fund by misrepresenting the fund’s performance and assets under management. From at least May 2014 through August 2016, MITSAKOS fraudulently solicited investments in a hedge fund that he had founded, Matrix Capital (“Matrix”), by distributing marketing materials claiming that Matrix had millions of dollars under management and had achieved outsized returns since 2012. In or about September 2015, one entity (“Victim-1”) invested approximately $2 million with MITSAKOS based on these representations. The claims that MITSAKOS made to help secure this investment, however, were false. Matrix had no assets under management and its returns were based on a hypothetical stock portfolio that had been retroactively altered on multiple occasions in order to enhance the fund’s supposed performance. And rather than invest Victim-1’s money as promised, MITSAKOS misappropriated parts of this money to pay personal expenses and expenses associated with his administration of the fund. MITSAKOS surrendered to law enforcement today in Los Angeles and will be presented in the United States District Court for the Central District of California.
In a separate action, the SEC filed civil charges against MITSAKOS.
U.S. Attorney Preet Bharara said: “Nicholas Mitsakos, founder of Matrix Capital, allegedly promised huge returns and told would-be investors that he had ‘a little more than $60 million’ in his hedge fund. But as alleged, Mitsakos essentially ran an imaginary portfolio, which just tracked the performance of certain stocks without actually having a financial position in them. Instead, Mitsakos allegedly spent much of his investors’ money on car payments, credit cards, and rent.”
According to the allegations in the Complaint unsealed in Manhattan federal court:[1]
In or about October 2013, MITSAKOS created an entity called Matrix Capital. Matrix purported to be a “long-short” hedge fund that invested in undervalued securities and sold overvalued securities short. In order to raise capital for Matrix, MITSAKOS and another co-conspirator (“CC-1”) sent marketing materials and newsletters to numerous investors. Certain of these materials claimed that Matrix had returns “exceed[ing] all major indices,” including returns of approximately 25.4% in 2012, 66.3% in 2013, 20.9% in 2014, and 49.5% between January and October of 2015. MITSAKOS also told investors that these returns were based on actual trades, and that he had millions of dollars under management. In one communication with a potential investor, for example, MITSAKOS represented that he had “a little more than 60 million” of assets under management at the time.
These representations were all false. Matrix had not achieved the returns MITSAKOS and CC-1 had represented to investors, and had no real assets before receiving an investment from Victim-1 in or about September 2015. Instead, MITSAKOS and CC-1 maintained a hypothetical portfolio that tracked the performance of certain stocks. MITSAKOS and CC-1 retroactively manipulated this portfolio from time to time to improve its performance. In or about May 2014, for example, MITSAKOS sent CC-1 an email stating, “Let’s talk about our monthly performance in 2014…. [T]here are some big monthly losses that I don’t think we would’ve had if we were managing the portfolio. I know this is a bit of revisionist history....” Later that day, CC-1 suggested “trim[ming]” two positions that had performed poorly in order to “see what that does to the performance [of the fund].” The revised hypothetical performance figures from these changes were then disseminated to potential investors as returns on actual investments.
Based in part on misrepresentations about Matrix’s performance and assets under management, among other things, Victim-1 invested approximately $2 million with MITSAKOS. MITSAKOS, however, only used a portion of this amount – about $1.2 million – to actually buy and sell stocks. Of the remaining amount, MITSAKOS spent hundreds of thousands of dollars on business expenses and personal expenses like car payments, credit cards, and rent before Victim-1 learned what had come of its investment. MITSAKOS’s trading of the $1.2 million that he did invest, moreover, resulted in significant losses.
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MITSAKOS is charged with one count of conspiring to commit securities and wire fraud, one count of securities fraud, and one count of wire fraud. The conspiracy charge carries a maximum term of five years in prison. The securities and wire fraud charges each carry a maximum term of 20 years in prison. The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Bharara praised the exceptional work of the Office’s criminal investigators, and thanked the Securities and Exchange Commission for its assistance.
The charges 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.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant United States Attorney Robert Allen is in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Hazleton Resident Charged with Drug Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Grand Jury in Scranton indicted a Luzerne County man on August 9, charging him with drug distribution resulting in death.
According to United States Attorney Peter Smith, between July 5, 2016 and July 7, 2016, Luis Antonio Zayas, age 46, of Hazleton, possessed and distributed fentanyl, a controlled substance, resulting in the death of another.
Zayas is also charged with possession and distribution of a controlled substance to a pregnant individual. The distribution of the controlled substance allegedly occurred within 1,000 feet of a daycare center with an outdoor playground.
The Indictment was unsealed August 10, following Zayas’ arrest and initial appearance before United States Magistrate Judge Joseph F. Saporito. A detention hearing is scheduled for August 18, 2016.
The charges stem from a joint investigation by the Drug Enforcement Administration (DEA), and the Pennsylvania State Police. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
U.S. Attorney Smith said, “This is not just another drug case. It is a tragic result of the public health menace presented by the plague of extremely dangerous and enhanced drugs, coupled with the consequences of untreated addiction and the increasing presence of deadly components, such as fentanyl, in the substances. The harm to users, their loved ones and communities is devastating. For that reason the charges, are, and will continue to be, the most serious ones available to this office.”
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
For information on overdose death statistics for Pennsylvania, see the attached 2015 Pennsylvania State Coroners Association Report on Overdose Death Statistics.
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.
In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment. Because the distribution is alleged to have occurred within 1,000 feet of a protected area, the maximum penalties for the charges are doubled. As such, the maximum penalty for possession with intent to distribute a controlled substance is 40 years imprisonment and a $2,000,000 fine. Distribution of a controlled substance to a pregnant individual carries a mandatory 12 months incarceration.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature 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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Hartford Man Sentenced to 5 Years in Federal Prison for Trafficking HeroinRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that FRANCISCO SANCHEZ-REYES, also known as “Chino,” 38, of Hartford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 60 months of imprisonment, followed by three years of supervised release, for trafficking heroin.
According to court documents and statements made in court, in September 2014, the FBI’s Northern Connecticut Violent Crimes Task Force and Hartford Police Department initiated an investigation into narcotics distribution, firearms trafficking and acts of violence carried out by members and associates Los Solidos in Hartford’s South End. The investigation, which included the use of court-authorized wiretaps and controlled purchases of heroin, crack cocaine and firearms, resulted in federal charges against approximately 30 individuals.
The investigation revealed that Melvin Castro, also known as “Humacoa,” controlled the distribution of heroin in the Park Street, Babcock Street and Zion Street area of Hartford. The Task Force orchestrated the purchase of more than 2,700 bags of heroin and six firearms from Castro during the investigation. Wiretaps captured numerous conversations in which Castro coordinated hundreds of additional sales of heroin, and revealed that SANCHEZ-REYES was a trusted associate of Castro who also was involved in the distribution of heroin.
SANCHEZ has been detained since his arrest on June 15, 2015. On March 9, 2016, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, heroin.
Castro also pleaded guilty and, on May 13, 2016, was sentenced to 84 months of imprisonment.
The FBI Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Squad, Major Crimes Unit, Shooting Task Force and South Conditions Unit have provided valuable assistance to the investigation, and the U.S. Marshals Service and Capitol Region Emergency Response Team (CREST) assisted with the arrests.
This case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
This prosecution stems from Project Longevity, a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence. A critical component of the Project Longevity strategy is the “call-in,” a face-to-face meeting where Project Longevity partners engage group members and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Members of Los Solidos attended call-ins that were held in April 2014 and August 2014.
Harrisburg Man Indicted for Possession of Heroin, Crack Cocaine, and A FirearmRead 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 indicted Tyshawn Jones yesterday for possession with intent to distribute heroin and crack and possession of a firearm in furtherance of drug trafficking.
According to U.S. Attorney Peter Smith, Jones, a 19 year old resident of Harrisburg, was arrested by Dauphin County Probation Officers when they found heroin, crack, and a firearm on Jones during a visit to the home in which he was residing.
The matter was investigated by the Dauphin County Probation Office, the Harrisburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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 this offense is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Georgia Man Sentenced to 15 Years Imprisonment for Conspiracy to Produce Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DANIEL NOLAN DEVOR, age 41, of Brunswick, Georgia, was sentenced today for conspiracy to produce child pornography
U.S. District Judge Nannette Jolivette Brown sentenced DEVOR to 180 months imprisonment and supervised release for fifteen years after his release. DEVOR will also have to register as a sex offender upon his release from prison.
According to court documents, in November 2013, DEVOR was arrested by Special Agents with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”), after they determined that DEVOR was responsible for conspiring with Abita Springs resident Jonathan Johnson and others to create and post videos depicting the sexual exploitation of children on the Internet. DEVOR has been in custody since his arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the work of Homeland Security Investigations and the U.S. Postal Inspection Service in investigating this matter. Project Safe Childhood Coordinator and Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba, was in charge of the prosecution.
Former Social Security Employee Sentenced to Nine Months in Prison for Theft of BenefitsRead the Press Release
Miguel Gutierrez, 42, of Bernville, Pennsylvania, was sentenced today to nine months in prison, and ordered to pay restitution in the amount of $7,122.86 and a fine of $4,000, pursuant to his prior guilty plea to three counts of wire fraud, announced United States Attorney Zane David Memeger. The defendant, a former Claims Representative in Social Security Administration’s Reading field office, used his access to Social Security’s computer systems at his job to redirect Social Security benefits payable to others, to a bank account in his own name. Defendant Gutierrez redirected several benefit payments before Social Security’s internal control systems detected his theft. The Honorable Jeffrey Schmehl ordered the defendant to repay the Social Security Administration for all stolen funds, and pay a $4,000 fine in addition to that restitution. In imposing the prison sentence, the court noted that the defendant’s former position as a government employee, entrusted with access to Social Security’s computer system, required a term of imprisonment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
Former Mayor of Lawrence Charged with EmbezzlementRead the Press Release
TOPEKA, KAN. - A former mayor of Lawrence was charged in federal court Thursday with embezzling thousands of dollars from a food bank in Douglas County, Acting U.S. Attorney Tom Beall said.
Jeremy Farmer, 32, Lawrence, Kan., was charged with one count of embezzlement. According to court documents, the crimes took place while Farmer was the executive director of Just Food, a food bank in Douglas County. Just Food serves more than 40 partner agencies with frozen meat and fresh produce as well as bread and food donated from community drives. The organization and its partners play a key role in fighting hunger in Douglas County.
According to court documents, prosecutors allege that from 2013 until Farmer resigned from Just Food and from his position as mayor of Lawrence in August 2015 he used his access to Just Foods’ bank accounts and accounting systems to steal more than $5,000 from the organization.
If convicted, he faces a penalty of up to 10 years in federal prison and a fine up to $250,000. The FBI and the Internal Revenue Service – Criminal Investigation investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.
Former Delaware county sheriff’s deputy sentenced in theft caseRead the Press Release
Indianapolis - United States Attorney Josh J. Minkler, announced today the sentencing of a former Delaware County Sheriff’s Deputy on theft charges. Arlan D. Johnson, 56, Muncie, was sentenced to six months of home incarceration by U.S. District Judge Tanya Walton Pratt.
Johnson served as lieutenant with the Delaware County Sheriff’s Department (DCSD) and was a firearms instructor. As part of his job duties, Johnson routinely purchased ammunition for the DCSD to be used for duty and training purposes. Johnson ordered ammunition from a private federally licensed firearms dealer in Seven Mile, Ohio. After Johnson ordered ammunition for the DCSO from the firearm’s dealer, he submitted purchase invoices to the DCSO finance officer, who presented the invoice to the Delaware County auditor for payment.
Beginning in January 2012, and continuing to at least August 5, 2015, Johnson began converting a percentage of the ammunition he purchased for the DCSO to his use by selling the ammunition to purchasers in person and online. Johnson used the funds he obtained from the sale of DCSO ammunition he stole for his own personal expenditures such as paying gambling debts and for other personal expenses. In total, Johnson stole at least $8,580 worth of ammunition.
According to Tiffany J. McCormick, who prosecuted this case for the government, Johnson must serve three years of probation and make restitution of $8,500 to Delaware County.
Former Chief Financial Officer at BVU Sentenced on Federal Fraud ChargesRead the Press Release
ABINGDON, VIRGINIA – The former chief financial officer for the Bristol Virginia Utilities Authority, who was convicted in February 2016 on a variety of fraud charges as part of the federal government’s wide-ranging investigation into the agency’s corruption, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Stacey Pomrenke, 44, of Abingdon, Virginia, was convicted in February 2016 following a jury trial of 14 counts, including one count of conspiracy to defraud the United States, two counts of making false statements, one count of conspiracy to commit fraud, one count of attempting to commit wire fraud and five counts of wire fraud. Earlier this week, Pomrenke was also found guilty of contempt of court. Today in District Court, Pomrenke was sentenced to 34 months in federal prison and three years of supervised release. In addition, Pomrenke was ordered to pay $15,116 in restitution, $34,546 in money judgment forfeiture, a $10,000 fine and a special assessment of $1,400.
“The level of corruption this investigation uncovered has been simply astounding,” United States Attorney Fishwick said today. “We are proud of the work our partners in law enforcement have done in rebuilding the public’s trust in this entity and hope today’s sentence shows that when those in positions of public trust attempt to profit from corruption they will pay with their freedom.”
“What stronger statement could we make to taxpayers about the FBI's commitment to rooting out public corruption than to charge and convict so many individuals involved in the elaborate Bristol Virginia Utilities schemes? As we’ve said before public corruption is the FBI’s top criminal investigative priority and we are committed to seeking out and holding accountable those who manipulate the system for personal gain. We continue to encourage citizens to report unethical and illegal activity to law enforcement,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division.
"By engaging in corrupt behavior and abusing her position, Pomrenke was able to line her pockets for personal gain,” said Thomas Jankowski, Special Agent in Charge, IRS Criminal Investigation, Washington D.C. Field Office. “Today's sentencing stands as an example that IRS-CI, along with the United States Attorney and our law enforcement partners, will continue to investigate and prosecute crimes involving fraud and in particular fraud that erodes the public’s confidence.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee and Special Assistant United States Attorney Kevin Jayne, Pomrenke, who was the Chief Financial Officer at BVU, used her position with the utility to obtain things of value from vendors who were engaged in business relationships with BVU. Those things of value included tickets to baseball and football games, alcohol and the funding of official BVU company functions. Pomrenke also falsely reported wages and other financial benefits of BVU employees to the Internal Revenue Service.
The investigation of the case, which remains ongoing, is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Zachary Lee and Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Florida Tax Return Preparers Indicted for Conspiring to Defraud the United States and Preparing False Income Tax ReturnsRead the Press Release
A federal grand jury in the Southern District of Florida returned an indictment on July 28, which was unsealed today, charging two Florida income tax return preparers with one count of conspiring to defraud the United States and nine counts each of aiding and assisting in the preparation of false federal income tax returns, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to allegations in the indictment, Earl Moise and Shahab Shaukat, both of Palm Beach County, Florida, conspired to prepare false and fraudulent individual income tax returns for others for the 2010 through 2012 tax years. Moise and Shaukat operated the Stuart, Florida branch of Tax R Us, preparing false returns inside that office. Additionally, Moise is charged with one count of fraudulently filing his own federal income tax return for 2011. It is alleged that these tax returns included false education and American Opportunity credits, as well as false statements regarding business income or deductions.
If convicted, Moise and Shaukat each face a statutory maximum sentence of five years in prison for the conspiracy count and three years in prison for each count of aiding and assisting in the preparation of false tax returns. In addition, Moise faces a statutory maximum of three years in prison for the one count of filing a false tax return. Both defendants face terms of supervised release, monetary penalties, and the payment of restitution to the Internal Revenue Service (IRS).
An indictment merely alleges that crimes have been committed and defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorneys Gregory P. Bailey and Michael Hatzimichalis of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Federal Fugitive Sentenced After Eight Years on the RunRead the Press Release
HOUSTON – A 58-year-old man who conspired to evade more than $3.3 million in federal fuel excise taxes has been ordered to federal prison after eight years on the run, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge Rick Goss of IRS-Criminal Investigation (CI) and Special Agent in Charge Christopher Brooks of the Environmental Protection Agency’s (EPA) criminal enforcement program.
Yousef Ishaq Abuteir was originally charged with the conspiracy on July 9, 2007. He pleaded guilty April 14, 2008. He was also charged and convicted in state court on charges related to the same scheme. However, prior to sentencing in both cases, he fled the country. Authorities issued a federal arrest warrant in February 2009, followed by an Interpol Red Notice. In 2014, Abuteir was located in Israel and subsequently extradited to the United States.
Today, U.S. District Judge David Hittner ordered he serve 60 months in federal prison and ordered to pay $3,328,459 in restitution.
Abuteir is the sixth and final defendant to be sentenced on related fuel tax investigations. The original 2007 indictment charged Abuteir, Sidney Berle Baldon II and Tracy Dale Diamond with conspiring in a multi-million dollar fuel excise scheme executed in Texas and Louisiana between October 2001 and November 2003. The indictment alleged that the fuel excise tax scheme involved the acquisition of more than 13 million gallons of kerosene from Calcasieu Refinery in Lake Charles, Louisiana, without paying federal excise taxes. The defendants were able to avoid paying the excise tax by falsely stating the fuel was for export, as opposed to for on-road use. The kerosene was then allegedly trucked to Houston, where it was blended with middle distillate oil, a by-product of asphalt production. The resulting blend was eventually sold to various retail gas stations in and around the Houston area, where it was sold to consumers as diesel fuel. The retail stations collected the federal diesel fuel excise tax from their customers at the filling pump.
“The defendant and his cohorts lined their pockets and scammed the American tax payers out of millions of dollars,” said Goss. “Today, justice is served and this defendant is finally going to prison.”
Baldon and Diamond subsequently pleaded guilty and, in 2009, were sentenced to 60 months in prison and 12 months and one day in prison, respectively. Additionally, they were also ordered to pay more than $3 million in restitution to the IRS.
In a related investigation, Assad Boulos, Talaat Boulos and Youssef Georges were charged in 2011 with a similar fuel excise tax scheme involving Calcasieu Refinery. The charging instrument alleged they and others obtained tax-free kerosene from Calcasieu during 2004 by falsely claiming the fuel would be used only for agricultural and other off-road uses. Instead, the kerosene was trucked to Houston, blended with other agents and sold at stations controlled by Assad Boulos and Talaat Boulos as diesel fuel. The stations allegedly involved in the fraud included Normandy Truck Stop, Cobra Shell, Channelview Conoco and Wayside Conoco. In 2013, Assad Boulos, Talaat Boulos and Youssef Georges pleaded guilty and received probationary sentences. Assad Boulos and Talaat Boulos were ordered to pay $650,000 in restitution to the IRS.
In 2010, Abuteir had been added to the EPA’s Most Wanted List. His capture in Israel was the result of collaborative efforts on the part of the IRS-CI, Immigration and Customs Enforcement, Department of Transportation, EPA, U.S. Marshals Service, Travis County District Attorney’s Office and the State of Texas Comptroller’s Agency.
“This case shows that EPA and its law enforcement partners are committed to making sure that fugitives who break our environmental laws are brought to justice,” said Brooks. “The defendant’s actions jeopardized public health and the environment, and this sentence sends a strong message that those who fail to follow our clean air laws will be held accountable.”
IRS-CI and the EPA conducted the investigation. Assistant U.S. Attorney Joe Magliolo prosecuted the case.
Federal Court Orders Remedy Following Court of Appeals Decision in Texas Voter ID CaseRead the Press Release
The U.S. District Court for the Southern District of Texas issued an order late yesterday significantly expanding the opportunities for eligible Texas voters without specific forms of photo identification to cast valid ballots in upcoming elections.
According to the order, eligible voters who face a reasonable impediment to obtaining specific forms of photo ID will be able to cast a regular ballot at the polls after signing a simple declaration and presenting a document from a more expansive list. This solutions echoes provisions already in federal law.
The order follows the outline of an agreement that the Justice Department reached with private plaintiffs and with the state of Texas. It implements changes in accordance with the July 20, 2016, decision by the full U.S. Court of Appeals for the Fifth Circuit, affirming an earlier ruling that the state’s 2011 photo identification law violated Section 2 of the Voting Rights Act (VRA).
“Our democratic process depends on ensuring that eligible citizens can cast their votes without undue discriminatory hurdles,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The court’s interim remedy order is a very important step toward a process designed to provide that opportunity for hundreds of thousands of eligible Texans.”
The challenged 2011 photo identification law allowed most registered Texas voters to cast a regular ballot at the polls only if they were able to show one of a few limited forms of photo ID, like a state-issued driver’s license or a license to carry a handgun. The law also mandated that registered Texans could only use such ID if it was current or expired no more than 60 days beforehand. The federal court order now allows registered voters with the requisite ID to vote, even if that ID expired up to four years ago. It also allows registered voters who face a reasonable impediment to obtaining such ID to cast a regular ballot after signing a simple declaration and presenting a voter registration certificate, a certified birth certificate, a current utility bill, a bank statement, a government check, a paycheck or any other government document that displays the voter’s name and address.
More information about the VRA and other federal voting laws is available on the division’s website at www.justice.gov/crt/about/vot/. Complaints about voter registration practices may be reported to the Civil Rights Division’s Voting Section at 1-800-253-3931.
20160810 Interim Remedy Order
Federal Authorities Target Inland Empire Mail ThievesRead the Press Release
RIVERSIDE, California –The United States Postal Inspection Service (USPIS) has arrested six Inland Empire residents who are charged in indictments that allege federal crimes related to mail theft. The six arrested over the past two weeks are among 11 defendants who have been charged by a federal grand jury as the result of an operation in which Postal Inspectors recovered approximately 1,167 pieces of stolen mail.
Most of the defendants are charged with using checks and personal information stolen from the mail to commit financial crimes, including bank fraud and aggravated identity theft.
The 11 defendants are charged in seven indictments that were returned by a federal grand jury in Riverside over the past month. The cases were announced today after Postal Inspectors yesterday arrested two of the defendants. Three of the defendants are already in state custody on unrelated charges, and federal prosecutors will seek to have those three brought into federal court. The USPIS is continuing to search for two fugitives.
In one of the cases, Robert Kujaun Thomas, 40, of Hemet, is charged with possessing more than 850 pieces of stolen mail belonging to hundreds of victims who reside in at least 17 Inland Empire cities. Thomas was also charged with possessing stolen credit and debit cards with the intent to commit fraud. Thomas was arrested on Tuesday and is expected to make his initial court appearance this afternoon in United States District Court in Riverside. If convicted of the two counts, Thomas faces a statutory maximum sentence of 15 years in federal prison.
“The recent rise in mail theft in the Inland Empire poses a serious problem for the community which relies on the mail for the full range of business and personal matters,” said United States Attorney Eileen M. Decker. “The cases being announced today demonstrate my office’s commitment to combatting this problem, and we will continue to partner with the United States Postal Inspection Service and local law enforcement to see that criminals who steal mail in the Inland Empire are punished.”
“This operation is a fine example of law enforcement partnerships working together to protect the citizens of the Inland Empire from mail theft,” said Inspector in Charge Robert Wemyss. “The U.S. Postal Inspection Service and the United States Attorney’s Office are aggressively pursuing and prosecuting individuals that attempt to target America’s mail stream for criminal gain. Mail theft is a federal offense and that means federal prison time. The U.S. Postal Inspection Service remains vigilant in protecting the U.S. Mail with traditional and innovative law enforcement efforts.”
In addition to Thomas, 10 other defendants were charged in the grand jury indictments. They are:
• Kimberly Ann Hernandez, 34, of Fontana; Julian Tapia, 26, of Colton; and Anthony Garcia Jr., 22, of Fontana, who are charged with possessing approximately 281 pieces of stolen mail and attempting to cash or deposit altered checks totaling more than $9,000. All three defendants are charged in an eight-count indictment with conspiracy to commit bank fraud, at least one count of bank fraud, conspiracy to commit mail theft, and possession of stolen mail. Hernandez was arrested on July 26 and was subsequently ordered to stand trial on September 13. Tapia and Garcia were both arrested yesterday. If convicted on all counts, each defendant faces a statutory maximum sentence of at least 70 years in federal prison.
• Hubert Salvador Salazar Jr., 25, of San Bernardino, who is charged in a four-count indictment with cashing and depositing altered checks stolen from the U.S. Mail – as well as counterfeit checks made with information obtained from stolen mail – into his own checking account. The total value of the fraudulent checks discussed in the indictment is $5,497. Salazar is charged with four counts of bank fraud. Each count carries a maximum possible sentence of 30 years in federal prison. Salazar is currently a fugitive being sought by authorities.
• Mark Alexander Gonzales, 30, of Homeland, who is charged with cashing stolen checks, making purchases using a stolen credit card and causing losses of nearly $4,000. Gonzales is charged with seven counts of bank fraud and one count of unauthorized use of an access device (a credit card). Gonzalez was arrested on July 25, later pleaded not guilty and was ordered to stand trial on September 27. If convicted, Gonzalez could be sentenced to decades in federal prison.
• Alfred Zamorano Jr., 41, of Rialto, and Alicia Ann Palomares, 33, also of Rialto, who are charged with burglarizing the Calimesa Post Office by using a “fishing device” to steal mail placed in the outgoing mailbox. A two-count indictment that charges both defendants with conspiracy and mail theft also alleges that they broke into several post office boxes located inside the post office. Zamorano is currently in state custody, and Palomares was arrested on Tuesday. If convicted of both counts, each defendant faces a statutory maximum sentence of 10 years in federal prison.
• Pricila Mayora Deleon, 28, of Moreno Valley, who is charged with fraudulently depositing stolen checks into bank accounts and possessing more than a dozen items of stolen mail. Deleon, who is currently in state custody, is charged with three counts of bank fraud, aggravated identity theft and possession of stolen mail. If she is convicted on all five counts, she could be sentenced to as much as 97 years in federal prison.
• William Jason Leonard, 37, of Hemet, and Michael Joseph Tomassacci, 39, of San Jacinto, who are each charged in a 16-count indictment with conspiracy, wire fraud, possession of stolen mail and aggravated identity theft. Leonard additionally is charged with bank fraud. These defendants allegedly used fraudulent identities and hundreds of fraudulently obtained bank account numbers to create checks that they used in a scheme to purchase merchandise at retail stores with the intent to later return the merchandise for cash. If convicted of all counts, each defendant would face potential sentences of decades in federal prison. Leonard is currently in state custody, and Tomassacci is a fugitive being sought by authorities.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The seven indictments announced today are the result of investigations conducted by the United States Postal Inspection Service. The Riverside County Sheriff’s Department and the Hemet Police Department provided substantial assistance.
Members of the public who may have information about either of the two fugitives are encouraged to contact the U.S. Postal Inspection Service at 1-877-876-2455 (select Option 2) reference case number 2026956 (Tomassacci) or case number 2137584 (Salazar).
These cases are being prosecuted by Assistant United States Attorneys Bilal A. Essayli (six of the cases) and Tritia Yuen (the Leonard/Tomassacci indictment) of the Riverside Branch Office.
Eighth Circuit Court of Appeals Affirms Firearms ConvictionRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the conviction of Todd Karl Bramer who pled guilty on June 15, 2015, to one count of possession of firearms by a prohibited person. In his written guilty plea, Bramer admitted to knowingly possessing firearms, including two handguns and at least one other firearm, while “being an unlawful user of marijuana.” He also waived the right to appeal all non-jurisdictional issues.
In his appeal, Bramer argued that the statute under which he was convicted was unconstitutionally vague because the term “unlawful user” is vague. The Eighth Circuit found that Bramer admitted in his written plea agreement to being an unlawful user of marijuana while in knowing possession of at least three firearms, and therefore the court found no basis in the record to conclude that the term “unlawful user” of a controlled substance was unconstitutionally vague as applied to him.
Assistant United States Attorney John Haak prosecuted the case, and Assistant United States Attorney Connie Larson handled the appeal for the government. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
District Man Indicted for Conspiracy and Bank FraudRead the Press Release
WASHINGTON – David Tyrone Johnson, 48, of Washington, D.C. has been indicted on charges that he conspired to commit bank fraud and other crimes arising from a real estate scheme involving a forged mortgage satisfaction document.
The indictment, which was unsealed today in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Channing D. Phillips and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office.
Johnson, who was arrested today, was named in a six-count indictment that was returned on Aug. 9, 2016. He is charged with federal violations of conspiracy, bank fraud, wire fraud, engaging in illegal monetary transactions, and making a false statement, as well as uttering, which is a District of Columbia offense. The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the fraud scheme. Johnson pled not guilty to the charges at his first court appearance this afternoon.
According to the indictment, SunTrust Mortgage, Inc. loaned a friend of Johnson’s approximately $470,000 to purchase residential real estate in the 100 block of 57th Street SE in 2008. By 2009, the friend had failed to repay the mortgage loans, and in 2010, SunTrust Mortgage filed a notice of foreclosure with the District of Columbia’s Recorder of Deeds. In April 2013, SunTrust Mortgage began the process of foreclosing on the mortgage and taking possession of the property, due to the friend’s failure to make good and timely payments on the mortgage loans.
The indictment alleges that sometime before Oct. 2, 2013, Johnson caused the creation of two phony and forged certificates of satisfaction, which falsely represented that the SunTrust Mortgage loans at the property on 57th Street SE had been paid and that his friend owned the property “free and clear.” The indictment also alleges that on Oct. 2, 2013, Johnson filed these two phony certificates of satisfaction with the Recorder of Deeds.
In or about December 2013, after the fake certificates of satisfaction allowed the friend to sell the property without paying the outstanding mortgages, the title and escrow company wired out the sales proceeds of $337,105, of which approximately $170,688 was obtained by Johnson.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Phillips and Assistant Director in Charge Abbate expressed appreciation for the work performed by those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those working on the case from the U.S. Attorney’s Office, including former Paralegal Specialist Corinne Kleinman, Paralegal Specialist Kaitlyn Kruger, Litigation Tech Specialist Ron Royal, and Assistant U.S. Attorney Thomas Swanton, who is assisting with forfeiture issues. Finally, they commended the work of Assistant U.S. Attorney Virginia Cheatham who is prosecuting the case.
Delaware Man Indicted for Child Pornography Offenses and Planning to Meet 14-Year-Old for SexRead the Press Release
A Delaware man was indicted today on charges related to his plan to meet a 14-year-old girl for sex and additional charges related to the production and distribution of child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Charles M. Oberly III of the District of Delaware.
Daniel Arthur Hill, 28, of Dover, Delaware, was indicted in U.S. District Court for the District of Delaware on three counts of production of child pornography, one count of attempted coercion and enticement of a minor, three counts of distribution of child pornography and one count of possession of child pornography.
On Dec. 16, 2015, Hill was arrested on Delaware state charges for solicitation of a minor and other related offenses. Hill allegedly engaged online with an individual that he believed to be a 14-year-old girl, then planned to meet this minor to engage in sexual activity.
According to the allegations contained in the indictment, Hill possessed multiple child pornography images, including images that Hill had distributed within an online chat group. Additionally, the indictment alleges that Hill had produced images of child pornography and distributed these images over the internet to other individuals.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The Delaware State Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case in cooperation with the Delaware Attorney General’s Office. This case is being prosecuted by Trial Attorney Herbrina D. Sanders of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham L. Robinson of the District of Delaware.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Crittenden Woman Sentenced to 224 Months for Distribution of Drugs Resulting in DeathRead the Press Release
COVINGTON, Ky. — A Crittenden, Ky., woman has been sentenced to 224 months in federal prison for providing illegal drugs to her daughter, an inmate in the Kenton County Jail, who subsequently died of an overdose.
Today, U.S. District Judge Amul Thapar sentenced Kimberly Mullins, 44, for conspiracy to distribute fentanyl and morphine that resulted in an overdose death. Two co-defendants, Lisa Lattimore and Lynette Ball, received 160 and 144 months, respectively, for their roles in the conspiracy. Under federal law, all three must serve at least 85 percent of their prison sentences. A fourth defendant, Michael Howard, who supplied the drugs to Mullins, has pleaded guilty and is awaiting sentencing.
Mullins, Lattimore, and Ball admitted that, on September 4, 2015, they conspired to bring illegal drugs into the Kenton County Jail. Mullins bought what she thought was heroin from Howard that day; but the substance actually contained a combination of fentanyl and morphine. Mullins arranged for the substance to be delivered to her daughter, Jamie Green, through co-defendants Ball and Lattimore, fellow inmates in the Kenton County Jail.
During the early morning hours of September 5, 2015, Green took the substance and died of an overdose shortly thereafter. Mullins admitted that she had been regularly arranging deliveries of heroin to her daughter, while her daughter was incarcerated.
Mullins, Lattimore, and Ball pleaded guilty on March 29, 2016. Two other individuals, Mabry Baioni and Heather Tucker, were later charged and pleaded guilty to conspiring with Howard and Mullins to distribute heroin to Green, while Green was in the Campbell County Detention Center. Baioni and Tucker did not take part in the Kenton County events that led to Green’s death.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, jointly announced the sentences. The investigation was conducted by the Cincinnati Field Office of the Drug Enforcement Administration and the Kenton County Police Department. Assistant U.S. Attorney Tony Bracke represents the federal government in this case.
Howard is scheduled to be sentenced on September 23, 2016. He faces up to life in prison and a fine of $1,000,000.00. Any sentence, however, will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Christopher Loomis of Colchester Indicted for Possession of Child PornographyRead the Press Release
The United States Attorney’s Office for the District of Vermont announced that Christopher Loomis, age 26, of Colchester, Vermont, was indicted on August 11, 2016 by a federal grand jury for possession of child pornography involving minors under the age of 12. Loomis is scheduled to be arraigned on August 25, 2016 in federal court in Burlington.
According to court documents, federal agents began investigating Loomis based on leads generated in a multi-year investigation into individuals who signed up to a website operating in a foreign country that has been used to store and exchange child pornography. Agents subsequently seized a computer and multiple hard drives from Loomis, which revealed that Loomis was in possession of a significant number of child pornography files, including files depicting minors under the age of 12 engaging in sexually explicit conduct.
The charges against Loomis are merely accusations and he is presumed innocent until and unless he is proven guilty. If convicted, Loomis faces a statutory maximum penalty of up to 20 years in prison and up to lifetime supervised release, although the sentence will be advised by the federal sentencing guidelines and determined by the Court.
This prosecution is part of Project Safe Childhood, a nationwide Department of Justice initiative designed to protect children from online exploitation and abuse. In Vermont, federal prosecutors are teaming up with federal, state, and local law enforcement agents to identify, investigate, and prosecute those individuals who prey upon children and those that distribute, receive, or manufacture child pornography. For more information on Project Safe Childhood, including resources on internet safety education, please visit www.usdoj.gov/psc.
The collaborative team investigating this case includes law enforcement agents from Homeland Security Investigations, the Vermont Attorney General’s Office, and the Internet Crimes Against Children Task Force.
The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Loomis is represented by Federal Public Defender Michael L. Desautels.
Chicago woman sentenced to Federal prison for credit card fraudRead the Press Release
CHARLESTON, W.Va. – A Chicago woman was sentenced to five months in federal prison for credit card fraud, announced United States Attorney Carol Casto. Wynesha Wilson-Robinson, 27, previously pleaded guilty to possession of 15 or more counterfeit access devices. A counterfeit access device is a credit card that has been altered so that it contains stolen information that has been re-encoded on the magnetic strip on the back of the card.
Wilson-Robinson admitted that she, along with three codefendants, Christine Johnson, Stephanie Stevenson, and Crystal Merritt, possessed over 100 counterfeit access devices. Wilson-Robinson and her codefendants drove from Chicago to West Virginia and attempted to use these counterfeit credit cards. On June 5, 2015, the women were observed at the South Charleston Target and Walmart attempting to use the counterfeit cards, and store employees alerted law enforcement to the suspicious behavior.
The South Charleston Police Department and the United States Secret Service conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
Two codefendants, Christine Johnson and Stephanie Stevenson, are scheduled to be sentenced on October 3, 2016. The other codefendant, Crystal Merritt, is scheduled to be sentenced on October 19, 2016.
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Camden, New Jersey, Man Sentenced to 151 Months in Prison for Narcotics Distribution Conspiracy, Firearms PossessionRead the Press Release
CAMDEN, N.J. – Another Camden man was sentenced this week to over 12 years in prison for his role in a large-scale drug trafficking organization that distributed hundreds of grams of cocaine base, cocaine and heroin, U.S. Attorney Paul J. Fishman announced today.
Fuquan Pulliam, 26, previously pleaded guilty before U.S. District Judge Robert B. Kugler to a superseding information charging him with one count of conspiracy to distribute and to possess with intent to distribute 28 grams or more of cocaine base, 500 grams or more of cocaine, and 100 grams or more of heroin, as well as one count of being a felon in possession of a firearm. Judge Kugler imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Pulliam admitted that, from January 2012 through April 2013, he stored, packaged and distributed cocaine and heroin for sale in the area of 8th and Tulip Streets and the Crestbury Apartments. Pulliam also admitted that during that time, he and others within the drug trafficking organization sold 2,328 grams of cocaine base, 675 grams of cocaine and 926 grams of heroin.
Pulliam – a previously convicted felon – was arrested in April 2013 and found with numerous firearms in his possession.
In April 2013, seven members of the drug trafficking organization, including Pulliam, were charged by criminal complaint with conspiring to distribute cocaine base, cocaine, and heroin. All of the defendants have pleaded guilty. Co-defendant Carl Wiles was sentenced to 148 months in prison on Aug. 8, 2016.
In addition to the prison term, Judge Kugler sentenced Pulliam to five years of supervised release.
The government is represented by Special Assistant U.S. Attorney Erin M. Fay and Special Litigation Counsel Jason Richardson.
U.S. Attorney Fishman credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, Philadelphia Division, under the direction of FBI Special Agent in Charge William F. Sweeney Jr.; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; the Camden County Police Department, under the direction of Chief Scott Thomson; the N.J. State Police, under the direction of Col. Rick Fuentes; and the Camden Collaborative Crime Commission (“C4”), with the investigation.
He also thanked the Philadelphia Police Department, the N.J. Parole Board, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the N.J. Division of Criminal Justice, the Voorhees Police Department, the Gloucester County Prosecutor’s Office, the Salem County Prosecutor’s Office, the Camden County Sheriff’s Office, the Woodbury Police Department and the Pennsauken Police Department for their roles in the case.
This case was developed through the work of the Camden Collaborative Crime Commission (C-4). Every federal, state and local law enforcement agency and prosecutor’s office responsible for combating drug trafficking, gang activity and violent crime in Camden has come together in one location to share intelligence, develop investigative strategies and support the investigative and prosecutorial efforts of its partners. C-4 has merged the individual missions of the various law enforcement agencies into a single strategic attack on drug trafficking and drug-related violent crime. Such intense coordination greatly enhances the law enforcement community’s ability to correctly identify and successfully prosecute the most dangerous criminals in one of our nation’s most dangerous cities.
Defense counsel: Justin Loughry Esq.
California Man Pleads Guilty to Attempted Bank Robbery, Discharging FirearmRead the Press Release
Jackson, TN – A California man who shot a woman twice during an attempted bank robbery has pleaded guilty to multiple charges related to the incident. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the guilty plea today.
According to information presented in court, Dominic Williams, 40, of Los Angeles, California, snuck into the carport of Pamela Janeice Frisbee on the morning of March 18, 2015. Frisbee, a manager of a BancorpSouth bank, was at her home in Humboldt, Tennessee, preparing to leave for her job. When she exited her house and walked to the carport to get into her car, Williams was hiding in front of the vehicle with a Glock .40 caliber pistol. He stood up and pointed the gun at Frisbee before asking her if "she wanted to die today?"
Williams forced Frisbee into the driver’s seat of her vehicle at gunpoint and demanded that she drive to BancorpSouth. Once at the bank, Williams forced her to open the doors — the establishment had not yet opened — and the two went inside. He had her disable an alarm, and demanded she obtain money from the tellers’ drawers. The victim responded there was no money in the drawers. Williams then demanded that she open vaults in the bank to obtain money. When the victim told him that she was unable to open the vaults, he fired multiple shots at her, striking her in the chest and arm. Frisbee subsequently fell to the ground and played dead. Williams then shot and kicked out the back windows of the bank and fled.
Independent witnesses and bank employees notified the Humboldt Police Department (HPD) of the incident. After arriving on the scene, HPD’s chief of police observed Williams stripping clothing off into a dumpster a block from the bank. The police chief was able to arrest him, and the Federal Bureau of Investigation (FBI) was notified.
After Frisbee was airlifted to a Memphis hospital, FBI investigators responded. Williams was advised of his Miranda rights which he agreed to waive. He provided a recorded statement, informing FBI agents of where he hid his firearm and admitted that he attempted to rob the BancorpSouth bank. FBI agents subsequently recovered the .40 caliber pistol used in the crime. And clothing consistent with witness descriptions of the robber were recovered, as well as a mask and a roll of duct tape.
Frisbee was able to testify in federal court that she was kidnapped, forced against her will, assaulted, and that a firearm was discharged inside the bank.
On Wednesday, August 10, 2016, Williams pleaded guilty before U.S. District Judge J. Daniel Breen to single counts of attempted bank robbery, possession of a firearm during a crime of violence, and felony possession of a firearm.
Williams is scheduled to be sentenced by Judge Breen on November 1o, 2016. He faces a minimum sentence of 25 years in federal prison.
This case is being investigated by the FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and HPD.
Assistant U.S. Attorney Matthew Wilson is prosecuting this case on the government’s behalf.
Brooklyn Man Pleads Guilty in Illegal Scheme to Purchase FirearmsRead the Press Release
PITTSBURGH – A resident of Brooklyn, New York, pleaded guilty in federal court to a charge of making a false statement in connection with the acquisition of firearms, United States Attorney David J. Hickton announced today.
Nathan Lawrence, 33, of Brooklyn, NY, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Lawrence conspired with Michael Bassier and others to facilitate the straw purchase of at least 20 firearms from federally licensed firearms stores. For each purchase, Lawrence and Michael Bassier used a car that Lawrence rented, and Lawrence usually drove. The straw purchasers would state, at the time of purchase, that they were the actual buyers of the firearms, when in fact Bassier was the actual buyer. Bassier provided money to the straw purchasers and told them what to buy, in Lawrence’s presence. Lawrence was also present when Bassier took possession of the firearms afterward.
Judge Schwab scheduled sentencing for December 15, 2016. The law provides for a total sentence of ten years in prison, a fine of $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.
Pending sentencing, the court ordered that Lawrence remain detained.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives, along with detectives from the City of Pittsburgh Bureau of Police and the Allegheny County Sheriff’s Office, conducted the investigation leading to the second superseding indictment in this case. Assistant United States Attorney Conor Lamb is prosecuting this case on behalf of the government.
Bob Troyer Takes Helm as Acting United States AttorneyRead the Press Release
DENVER –Bob Troyer became Acting U.S. Attorney at 12:01 a.m. this morning, following the departure of U.S. Attorney John Walsh. Bob served in the Colorado U.S. Attorney’s Office from 1999 to 2004 as a drug and violent-crime prosecutor. For six years after that he worked as a partner in the Denver office of Hogan Lovells, chairing the Colorado litigation department. He returned to the Colorado U.S. Attorney’s Office in October 2010 as the First Assistant U.S. Attorney, the position he has filled for the last six years.
Troyer was born in Colorado and grew up in Maryland. He graduated from Pomona College in 1984 with a BA in English. For several years after college, Bob taught high school English in Washington, D.C. and worked during the summers as a commercial fisherman in Alaska. He then attended Boston College Law School, where he served as the Solicitations Editor for the Boston College Law Review, graduating in 1990. After law school Bob practiced civil litigation at Ropes & Gray in Boston for three years and then moved to Denver to practice at Brownstein Hyatt Farber & Strickland, making partner there in 1997. In 1999 he left to join the criminal division of the Colorado U.S. Attorney’s Office.
“This office is recognized as one of the top U.S. Attorney’s Offices in the entire country, a place where people can perform at their best as they serve all Colorado citizens,” said Troyer. “I aim to keep it that way.”
Bay State Convict Pleads Guilty to Illegal Possession of Self-Built Guns He Brought to New HampshireRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Raymond L. Blackmer, III, pleaded guilty in federal court to illegally possessing guns that he assembled from component parts in Massachusetts and then brought to New Hampshire. Blackmer pleaded guilty to one count of the federal crime of Illegal Possession of a Firearm by a Convicted Felon. Blackmer is 51 years old, and, before his arrest in this case, he lived in Easthampton, Massachusetts.
According to statements made during today’s hearing, the Easthampton (Massachusetts) Police Department learned on November 6, 2015, that Blackmer was intending to travel from Massachusetts to New Hampshire with one or more firearms. Information developed by the Police Department indicated that Blackmer had assembled the subject firearms in his workshop in Easthampton, Massachusetts, from component parts that he had bought on the internet. Later that day, surveilling police officers watched Blackmer leave his Easthampton home with suspected firearms and then drive to and across the Massachusetts border into Winchester, N.H., where he was stopped by law enforcement officers for the purpose of executing a previously obtained federal search warrant on Blackmer’s car. The warrant became effective when the officers observed Blackmer transporting the suspected firearms across the state line, thereby establishing probable cause that the interstate requirement of the federal crime of Illegal Possession of a Firearm by a Convicted Felon was satisfied. Upon executing the warrant, law enforcement officers discovered two AR-15 style rifles, rifle sites and a loaded magazine in the trunk of Blackmer’s car. A later search of Blackmer’s workshop in Massachusetts yielded an additional nine firearms in various states of assembly, at least five which were completed enough to qualify as firearms under federal law. In connection with his plea, Blackmer admitted that, at the time of the traffic stop, he previously had been convicted of felonies on at least five prior occasions.
United States District Judge Steven J. McAuliffe took Blackmer’s guilty plea and scheduled his sentencing for November 22, 2016. The plea agreement provides that both Blackmer and the government will recommend a total term of incarceration of seventy months, materially more than the anticipated advisory federal sentencing guideline range. Blackmer has been detained since his arrest on November 6, 2015, and is expected to remain in custody until after he serves the term of incarceration that Judge McAuliffe imposes.
This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms in both Manchester, N.H., and in Springfield, Massachusetts, as well as the Easthampton (Massachusetts) Police Department and the New Hampshire State Police. The Office of the District Attorney for the Northwest District of the Commonwealth of Massachusetts provided important support. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Arms Wide Open Community ForumRead the Press Release
FARGO - United States attorney Christopher C. Myers invites the community to attend the Arms Wide Open community forum that will be held on Wednesday, September 7th, from 6:30 – 8:00 pm, at the Fargo South High School. Arms Wide Open is the third in a series of community forums addressing the opiate/heroin crisis in the FM Region. Keynote speaker will be Chuck Rosenberg, who is the Drug Enforcement Agency Administrator. Additional speakers include Drew Wrigley, Lieutenant Governor of North Dakota; Birch Burdick, Cass County State’s Attorney; as well as representatives from local colleges and school districts. Resource booths will be available for attendees to visit following the forum.
58-year-old St. Thomas Man and Victim’s Mother Sentenced for Transportation of a Minor for SexRead the Press Release
St. Thomas, USVI - District Court Judge Curtis V. Gomez today sentenced Jenifer Bowen-Dodoo, 51, and Lennox Phillips, 58, to 120 and 130 months in prison, respectively, for transporting Bowen-Dodoo’s minor daughter for sex, United States Attorney Ronald W. Sharpe announced. Judge Gomez also sentenced Bowen-Dodoo to 10 years of supervised release and 400 hours of community service, and ordered her to pay a special assessment of $100. Judge Gomez then ordered Phillips to serve 10 years of supervised release and 500 hours of community service, and pay a fine of $15,000 and a special assessment of $100.
Phillips and Bowen-Dodoo, both of St. Thomas, pleaded guilty to transporting a minor for sex. According to court records, Phillips transported Bowen-Dodoo’s 13-year-old daughter in his taxi van for the purpose of engaging in sexual activity. Bowen-Dodoo allowed her daughter to have sex with Phillips, and Phillips paid Dodoo so he could continue to have sex with the victim. Phillips’ and Bowen-Dodoo’s criminal conduct was discovered when an employee at the victim’s school observed Phillips driving the victim away from the school when she should have been attending school.
Suspected child exploitation or missing children cases may be reported to the National Center for Missing and Exploited Children via its toll-free 24–hour hotline at 202-514-5678, or to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations at (340) 693-2250.
This case was investigated by Homeland Security Investigations, the Virgin Islands Police Department, and the Virgin Islands Department of Human Services. It was prosecuted by Assistant United States Attorney Everard E. Potter.