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Thursday 4 August 2016
Shreveport man sentenced to 66 months in prison for drug and firearm chargesRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Shreveport man was sentenced to 66 months in prison for possession of marijuana with intent to distribute and possession of firearms in furtherance of drug trafficking.
Latrenton D. Washington, 29, of Shreveport, was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession with intent to distribute marijuana and one count of possession of a firearm in furtherance of a drug trafficking crime. He was also sentenced to three years of supervised release. According to the April 8, 2016 guilty plea, while executing a warrant for another defendant at Washington’s residence on August 12, 2014, Shreveport police and Louisiana Probation and Parole agents discovered marijuana, scales and drug packaging items along with a loaded Romarm WASR-10 semi-automatic (AK-47 style) rifle with a drum magazine holding 65 rounds of 7.62x39 mm ammunition and a loaded Taurus .45 caliber pistol in Washington’s bedroom.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF, Louisiana Department of Corrections Probation and Parole, and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Settlement with U.S. and Pennsylvania Requires Consol Energy to Implement Water Management Upgrades to Protect Ohio RiverRead the Press Release
The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of Pennsylvania, announced today that Consol Energy Inc., CNX Coal Resources and Consol Pennsylvania Coal Co. LLC (Consol) have agreed to implement extensive water management and monitoring activities to prevent contaminated discharges of mining wastewater from the Bailey Mine Complex (Complex) in Greene and Washington Counties, Pennsylvania, to the Ohio River and its tributaries.
In a consent decree filed in federal court today in Pittsburgh, Pennsylvania, the company also agreed to continue to prevent certain discharges from the Complex, conduct regular long-term-monitoring to ensure sufficient storage capacity to prevent future discharges, develop contingency plans should future discharges become likely and implement an environmental management system to ensure compliance with the Clean Water Act and other applicable environmental laws. In addition Consol, the largest producer of coal from underground mines in the United States, will pay a $3 million civil penalty for Clean Water Act violations.
“We will continue to vigorously protect our District’s waterways and other vital natural resources,” said U.S. Attorney David J. Hickton for the Western District of Pennsylvania. “Today’s settlement ensures that our rivers remain safe for future generations to use and enjoy.”
“Mining operations that discharge to our rivers, lakes and streams have an obligation to comply with our nation’s laws that protect those water bodies, as well as public health,” said Regional Administrator Shawn M. Garvin for the EPA. “The actions required by today’s settlement represent a major step forward in protecting local waterways and the health of communities.”
The U.S. government’s complaint, filed concurrently with the settlement, alleges chronic exceedances of osmotic pressure (OP) and other limits in Consol’s Clean Water Act discharge permits. The discharges primarily enter into tributaries of the Ohio River. OP is the standard used in Pennsylvania to protect aquatic life from excess amounts of total dissolved solids (TDS). Too much TDS going into a water body can increase the salinity of the water and harm aquatic life and impact drinking water quality.
“Protecting Pennsylvania’s waterways is a top priority of DEP and we will not allow companies to pollute our rivers and streams,” said Acting DEP Secretary Patrick McDonnell. “CONSOL has agreed to improve their facilities to prevent future discharges, and the actions today will go a long way towards ensuring Pennsylvania’s waters are protected.”
Under the terms of the consent decree, Consol has agreed to:
- Complete and maintain certain water management measures to prevent discharges from certain outfalls at the Complex;
- Monitor and report quarterly and annually, to ensure adequate storage capacity to prevent future discharges;
- Submit and implement a plan for achieving long term compliance through advanced treatment in the event of projected exhaustion of storage capacity;
- Develop and implement an environmental management system to ensure environmental compliance throughout the Complex; and,
- Pay a $3 million civil penalty.
These measures will continue to reduce TDS in mining waters discharged to streams from the Complex. EPA estimates that implementation of the consent decree by Consol will eliminate more than 2.5 million pounds of pollutants in the form of TDS.
The consent decree, which is subject to a 30-day public comment period and final court approval, is available at: https://www.justice.gov/enrd/consent-decrees
Settlement with U.S. and Pennsylvania Requires Consol Energy to Implement Water Management Upgrades to Protect Ohio RiverRead the Press Release
WASHINGTON — The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of Pennsylvania, announced today that Consol Energy Inc., CNX Coal Resources and Consol Pennsylvania Coal Co. LLC (Consol) have agreed to implement extensive water management and monitoring activities to prevent contaminated discharges of mining wastewater from the Bailey Mine Complex (Complex) in Greene and Washington Counties, Pennsylvania, to the Ohio River and its tributaries.
In a consent decree filed in federal court today in Pittsburgh, Pennsylvania, the company also agreed to continue to prevent certain discharges from the Complex, conduct regular long-term-monitoring to ensure sufficient storage capacity to prevent future discharges, develop contingency plans should future discharges become likely and implement an environmental management system to ensure compliance with the Clean Water Act and other applicable environmental laws. In addition Consol, the largest producer of coal from underground mines in the United States, will pay a $3 million civil penalty for Clean Water Act violations.
“We will continue to vigorously protect our District’s waterways and other vital natural resources,” said U.S. Attorney David J. Hickton for the Western District of Pennsylvania. “Today’s settlement ensures that our rivers remain safe for future generations to use and enjoy.”
“Mining operations that discharge to our rivers, lakes and streams have an obligation to comply with our nation’s laws that protect those water bodies, as well as public health,” said Regional Administrator Shawn M. Garvin for the EPA. “The actions required by today’s settlement represent a major step forward in protecting local waterways and the health of communities.”
The U.S. government’s complaint, filed concurrently with the settlement, alleges chronic exceedances of osmotic pressure (OP) and other limits in Consol’s Clean Water Act discharge permits. The discharges primarily enter into tributaries of the Ohio River. OP is the standard used in Pennsylvania to protect aquatic life from excess amounts of total dissolved solids (TDS). Too much TDS going into a water body can increase the salinity of the water and harm aquatic life and impact drinking water quality.
“Protecting Pennsylvania’s waterways is a top priority of DEP and we will not allow companies to pollute our rivers and streams,” said Acting DEP Secretary Patrick McDonnell. “CONSOL has agreed to improve their facilities to prevent future discharges, and the actions today will go a long way towards ensuring Pennsylvania’s waters are protected.”
Under the terms of the consent decree, Consol has agreed to:
- Complete and maintain certain water management measures to prevent discharges from certain outfalls at the Complex;
- Monitor and report quarterly and annually, to ensure adequate storage capacity to prevent future discharges;
- Submit and implement a plan for achieving long term compliance through advanced treatment in the event of projected exhaustion of storage capacity;
- Develop and implement an environmental management system to ensure environmental compliance throughout the Complex; and,
- Pay a $3 million civil penalty.
These measures will continue to reduce TDS in mining waters discharged to streams from the Complex. EPA estimates that implementation of the consent decree by Consol will eliminate more than 2.5 million pounds of pollutants in the form of TDS.The consent decree, which is subject to a 30-day public comment period and final court approval, is available at: www.justice.gov/enrd/.
Sanford Man Pleads Guilty to Firearms ChargesRead the Press Release
Contact: Jody Mullis
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that William Klingensmith, 46, of Sanford, Maine, pleaded guilty today in U.S. District Court to possession of firearms by a prohibited person.
According to court records, Klingensmith possessed eleven firearms at different times between February and July 2015. He used two of them for target shooting at a range in Fairfield and had nine of them hanging on the wall of his former residence in Waterville. He was prohibited from possessing them because in 2010 he was convicted in Maine of domestic violence assault, a misdemeanor crime of domestic violence.
The defendant faces up to 10 years in prison, a $250,000 fine, and up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Waterville Police Department.
San Jose Man Sentenced to Eight Years in Prison for Sex Tourism and Obstruction of JusticeRead the Press Release
SAN FRANCISCO – Michael Lindsay was sentenced to eight years’ imprisonment yesterday after being convicted of traveling with intent to engage in illicit sexual conduct, engaging in illicit sexual conduct in foreign places, attempted witness tampering, and obstruction of justice announced United States Attorney Brian J. Stretch and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin. The sentence was handed down by Honorable Charles R. Breyer, U.S. District Judge.
Lindsay, 56, of San Jose, was convicted after a 4-day jury that concluded on May 19, 2016. The jury found that Lindsay traveled from San Francisco to Manila, the capital of the Republic of the Philippines, intending to have sex with a 13-year-old girl. He used instant messaging to communicate with the girl’s mother and to arrange meetings for sex. During trips to Manila in May and August of 2012, Lindsay had sex with the minor and paid the girl’s mother. HSI arrested Lindsay on November 8, 2012, at San Francisco International Airport, when he attempted to return to the Philippines for another visit.
“Sex tourism is a dangerous and insidious industry,” said U.S. Attorney Brian J. Stretch. “Today’s sentence serves as a reminder that U.S. law reaches and punishes those who, like the defendant, exploit the poverty and vulnerability of young children wherever in the world they may live in order to engage in illicit sexual conduct.”
“This sentence has brought accountability for the heinous actions of the defendant,” said Ryan L. Spradlin, special agent in charge of HSI San Francisco. “Sex tourism is a cruel global underground industry. HSI will continue to work closely with our law enforcement partners to pursue anyone who seeks to exploit innocent victims through this crime.”
On December 13, 2012, a grand jury returned an indictment charging Lindsay with traveling with intent to engage in illicit sexual conduct in foreign places, in violation of 18 U.S.C. § 2423(b), and one count of engaging in illicit sexual conduct in foreign places, in violation of 18 U.S.C. § 2423(c). Email communications established that after a federal grand jury charged him, Lindsay engaged in attempted witness tampering and obstruction of justice. On February 9, 2016, a federal grand jury returned a second superseding indictment, adding charges of attempted witness tampering, in violation of 18 U.S.C. § 1512(b), and obstruction of justice, in violation of 18 U.S.C. § 1503. He was convicted on counts.
Judge Breyer also ordered a five-year term of supervised release, which includes a requirement that defendant register as a sex offender.
Assistant U.S. Attorneys Laura Vartain and Katherine Wawryzniak are prosecuting the case with the assistance of Helen Yee, Theresa Benitez, and Patricia Mahoney. This prosecution is the result of HSI investigations in both the Philippines and the United States.
Robert L. Capers Joined Queens District Attorney and Queens Borough President at the First-Ever Hate Crimes ForumRead the Press Release
Robert L. Capers, United States Attorney for the Eastern District of New York joined Queens District Attorney Richard A. Brown and Queens Borough President Melinda Katz at the first-ever Hate Crimes Forum yesterday in Queens Borough Hall, where law enforcement and community leaders and advocates discussed in depth what constitutes a hate crime and how these crimes are investigated and prosecuted.
“My office shares the commitment of the District Attorneys, law enforcement agencies and advocacy groups within the Eastern District of New York to making the district a safer place for everyone, by conducting outreach to prevent hate crimes and assisting our state partners or bringing federal prosecutions as appropriate,” stated U.S. Attorney Capers. “Crimes motivated by bias - whether against a race, gender, religious affiliation, sexual orientation or otherwise - will be addressed head on, with the goal of justice for all. We cannot reach our full potential and promise as a country until every person can live free from discrimination, harassment and violence.”
District Attorney Brown said, “In 1987, my office was the first District Attorney’s Office in New York City to establish a unit specifically focused on the prosecution of individuals who victimize others based on their own prejudices. Hate crimes – whether motivated by sexual orientation, gender, religious or ethnic bias – will never be tolerated in Queens County.”
Queens Borough President Katz said, “Yesterday’s Hate Crimes Forum helped reconvene a broad spectrum of community leaders, advocates and stakeholders to review the laws and procedures related to how hate crimes are investigated and prosecuted. Hate crimes are taken very seriously in the Borough of Queens, and combating it requires the collaboration of various entities. Thank you to District Attorney Brown, the NYPD and U.S. Attorney Robert Capers for working with my office to host this important forum.”Assistant Commissioner for the Law Enforcement Bureau at the New York City Commission on Human Rights Sapna V. Raj said, “Everyone in New York City deserves to be treated with dignity and respect. The Commission enforces one of the strongest City anti-discrimination laws in the nation and strives to educate every New Yorker about protections under the law. Yesterday’s forum provided a great opportunity for advocates and community members to learn about the City’s many resources and services available to victims of discrimination.”
More than 50 different community groups and organizations attended the Hate Crimes Forum, which included formal presentations from the invited speakers and a question and answer segment to zero in on community concerns.
Featured Speakers Included:
▸ Robert L. Capers, the U.S. Attorney for the Eastern District of New York
▸ Deputy Inspector Mark Magrone, the commanding officer of the New York City Police Department’s Hate Crimes Task Force
▸ Queens Assistant District and Section Chief Attorney Michael E. Brovner, of District Attorney Brown’s Gang Violence and Hate Crimes Bureau
▸ Assistant Commissioner Sapna V. Raj, of New York City’s Commission on Human Rights
▸ Lead Advisor Rama Issa, Community Relations Bureau, of the New York City Commission on Human Rights
The goal of the forum was to reach out to the vibrant Queens community of organizations and community groups in order to provide information about the law enforcement response to hate crimes. The turnout reflected a vast diversity of ethnic, racial, religious, sexual orientation and geographical interest, to name a few. In turn, it also provided an opportunity for law enforcement representatives to hear about the community concerns in regards to this topic, as well as some others.In addition to the featured speakers, there were several pieces of hate crime prevention artwork displayed at the venue. The thought-provoking images were created for an annual art contest and exhibition established by the Organization of Chinese Americans-New York Chapter. The competition was designed to engage young people and to encourage them to speak out against hate crimes through creative expression.
The conference was organized by Assistant District Attorney Mariela Palomino Herring, Bureau Chief of District Attorney Brown’s Gang Violence and Hate Crimes Bureau, under the supervision of Executive Assistant District Attorney Jesse Sligh, Special Prosecutions Division, and in collaboration with Susie Tanenbaum, Director of Immigrant and Intercultural Affairs, Queens Borough President’s Office.
Raymond “Shrimp Boy” Chow Sentenced to Life in Prison for Murder and Various Racketeering CrimesRead the Press Release
SAN FRANCISCO – Kwok Cheung Chow, AKA Raymond Chow, AKA Ha Jai, AKA Shrimp Boy was sentenced today to life in prison following his convictions for racketeering, murder, money laundering, and conspiracy charges, announced United States Attorney Brian J. Stretch, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael Batdorf. The sentence was handed down by the Honorable Charles R. Breyer, United States District Judge.
Chow, 55, of San Francisco, served as the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization. On January 8, 2016, a federal jury found Chow guilty of criminal activities in connection with the racketeering organization and additional conspiracies. In all, Chow was charged with 162 counts including 125 counts of money laundering, aiding and abetting the laundering of proceeds of narcotics sales, conspiring to deal in illegal sales of goods (including 50 cases of Hennessey XO and 27 cases of Johnnie Walker Blue Label Scotch Whiskey), and engaging in the illegal sale of cigarettes (over 10,000). Chow originally was charged with various racketeering related crimes in a criminal complaint filed March 24, 2015. The complaint charged that the purposes of the organization included the illegal trafficking of controlled substances, extortion, and participation in the collection of illegal debts. On October 15, 2015, the charges were formally amended in a Third Superseding Indictment to include murder. Chow was charged with and convicted of arranging the murder of Allen Leung and conspiring with others to murder Jim Tat Kong. The jury found Chow guilty of every one of the 162 charges leveled against him.
In sentencing Chow, Judge Breyer said, “The murder in this case [of Mr. Leung] that requires the life sentence was particularly callous because it was the removal of an obstacle to your ascension to power. So whether you paid for it, or not, the question is: what is your motivation for doing so? And your motivation for doing so was to take over the leadership role of the tong and corrupt their purposes.”
“Today, Mr. Chow was sentenced to serve the rest of his life in prison,” said U.S. Attorney Brian J. Stretch. “We hope that this prosecution and the resulting sentence provides the victims and their families with some measure of satisfaction that Mr. Chow will never again be free to continue with his life of crime.”
“This sentence reflects our commitment to vigorously pursue justice for the victims and community that Mr. Chow preyed off of for so long,” said FBI Special Agent in Charge John F. Bennett. “We hope that the sentence brings some form of closure for the families of Allen Leung and Jim Tat Kong, and shows that type of greed and violence will not be tolerated.”
“This was a case about power and greed,” said Michael T. Batdorf, Special Agent in Charge, IRS Criminal Investigation. “From narcotics trafficking to public corruption and murder, Mr. Chow laundered millions of dollars in drug and other illegal proceeds for a profit. Today’s sentencing closes the chapter on Mr. Chow’s life of crime.”
In addition to the life term of imprisonment, Judge Breyer also sentenced Chow to pay a special assessment of $16,200, to pay restitution in the amount of $15,881.60, and to forfeit $225,000. The Judge also issued an order enjoining Chow and others from profiting from his life story. Chow has been in custody since his arrest on March 26, 2014, and will begin serving his life sentence immediately.
Assistant U.S. Attorneys William Frentzen, Susan Badger, S. Waqar Hasib, and David Countryman prosecuted the case with the assistance of Rosario Calderon, Kurt Kosek, Ana Guerra, Marina Ponomarchuk, Victoria Etterer, Lance Libatique, and Bridget Kilkenny. The prosecution is the result of an investigation by Federal Bureau of Investigation; the U.S. Marshal Service, San Francisco Police Department Gang Task Force; Oakland Police Department; Internal Revenue Service, Criminal Investigation; New York Police Department; Mercer County New Jersey Sheriff's Office; and the San Francisco and Alameda County Sheriff’s Departments.
Rapid City Man Sentenced for Production of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City man convicted of Production of Child Pornography was sentenced on July 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Wallace Arthur Beane, age 53, was sentenced to 30 years in custody, a lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Beane was indicted on April 21, 2015, and pleaded guilty on January 8, 2016. The charge related to Beane knowingly producing images of child pornography on his phone in 2014 and 2015. These images would be taken after he lured the children into his apartment with candy, alcohol, cigarettes, little pink pills, clothing and/or money.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Beane was immediately turned over to the custody of the U.S. Marshals Service.
Quincy Man Sentenced for Possession of Firearms and AmmunitionRead the Press Release
BOSTON – A Quincy man was sentenced today in U.S. District Court in Boston in connection with being a convicted felon in possession of a firearms and ammunition.
George J. Perry, 40, who was classified by the Court as an armed career criminal, was sentenced by U.S. District Court Judge Rya W. Zobel to 15 years in prison and three years of supervised release. In February 2016, Perry pleaded guilty to being a felon in possession of a firearms and ammunition.
In February 2015, law enforcement became aware that Perry had assaulted a individual in Waltham with a firearm earlier in the day. Law enforcement officers located Perry and found in his backpack two loaded semi-automatic firearms. One of the firearms, a .40 caliber IWI Desert Storm, was loaded with 10 rounds of .40 caliber ammunition. The other firearm was a 9mm Ruger semi-automatic loaded with 17 rounds of 9mm ammunition. Perry was later interviewed and admitted to stealing the firearms from another individual earlier in the day. The other individual, Zeph Pitt, of Waltham, was later located and found to be in possession of five other firearms and thousands of rounds of various caliber ammunition.
Pitt, a previously convicted felon, was convicted of being a felon in possession of firearms and ammunition and scheduled to be sentenced in November 2016.
United States Attorney Carmen M. Ortiz; Lawrence J. Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco Firearms & Explosives, Boston Field Division; and Waltham Police Chief Keith MacPherson, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz’s Major Crimes Unit.
Previously Convicted Felon from Union County, New Jersey, Charged with Illegally Possessing FirearmsRead the Press Release
NEWARK, N.J. – An Elizabeth, New Jersey, man who allegedly sold guns to an undercover federal agent was arrested this morning and charged with possessing firearms as a previously convicted felon, U.S. Attorney Paul J. Fishman announced.
Daniel Bigelow, 27, is charged by complaint with one count of being a felon in possession of a firearm. He made his initial appearance this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained.
According to documents filed in this case and statements made in court:
After obtaining information that he was illegally selling firearms in New Jersey, special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted controlled purchases with Bigelow. On April 12, 2016, Bigelow allegedly sold a Hi-Point Model 995 9mm rifle and a .357 Smith and Wesson revolver to an undercover federal agent. At the time, Bigelow had at least one prior felony conviction in Union County Superior Court.
The felon-in-possession of a firearm charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited ATF special agents, under the direction Special Agent in Charge George P. Belsky in Newark, with the investigation. He also thanked the Elizabeth Police Department for their work in the case.
The government is represented by Assistant U.S. Attorney Jihee G. Suh of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.
Defense counsel: Patrick McMahon Esq., Assistant Federal Public Defender, Newark
Pimp Sentenced to 30 Years in Federal PrisonRead the Press Release
LAS VEGAS, Nev. – A California man was sentenced today by U.S. District Judge James C. Mahan to 30 years in prison and lifetime supervised release following his jury convictions for felony sex trafficking offenses involving a minor, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
“Assisted by his partner, this five-time convicted felon preyed on his minor victim simply for the purpose of enriching his own pocketbook,” said U.S. Attorney Bogden. “We will work with our local and federal law enforcement partners to ensure that the persons who engage in this type of criminal activity are arrested and prosecuted.”
Daniel James Barnes, 33, of Merced, Calif., was found guilty on April 6 of one count of conspiracy to commit sex trafficking of a child, one count of sex trafficking of a child, one count of transportation of a minor for prostitution, and one count of conspiracy to commit sexual exploitation of a child.
According to the court records, in April 2013, co-defendant, Amber Lynn Marquardt met a 15-year-old girl in the area of Boulder Highway and Tropicana in Las Vegas where they were both working as prostitutes. Marquardt introduced the girl to her pimp, Barnes, and the girl went to work for Barnes the following day and provided all of her earnings to him. That night, Barnes, Marquardt, and the female victim traveled to California, spending one night in a motel in Modesto, and approximately two weeks in motels in and around Merced. In Merced, Marquardt took sexually explicit photographs of the 15-year-old female and posted them on the internet site, MyRedbook.com, commonly used by pimps and prostitutes to promote their business. The 15-year-old female worked as a prostitute while they stayed in Merced, and provided all of her earnings to Barnes. After two weeks in California, Barnes, Marquardt and the 15-year-old girl drove back to Las Vegas and checked into a hotel on the Boulder Highway. The 15-year-old was arrested in May in the area of Tropicana and Polaris after she solicited an undercover Las Vegas Metropolitan Police Department detective for sex. Barnes and Marquardt were arrested in September 2013 at a motel in Santa Rosa, Calif.
Barnes has five prior felony convictions in California related to narcotics, burglary, and evading arrest.
Marquardt pleaded guilty to transportation of a minor for prostitution, and was sentenced on May 31 to 41 months in prison and five years of supervised release.
The case was investigated by the FBI and Las Vegas Metropolitan Police Department, and prosecuted by Assistant U.S. Attorney Cristina D. Silva.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Pennsylvania man sentenced for cocaine distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ralph Gaston, 25, of Monroeville, Pennsylvania was sentenced to 77 months in prison for cocaine distribution, United States Attorney William J. Ihlenfeld, II, announced.
Gaston admitted to distributing cocaine in Harrison County, WV. He pled guilty in February 2016 to one count of “Distribution of Cocaine Base.”
Assistant United States Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Irene M. Keeley presided.
Passaic County, New Jersey, Man Charged with String of Bank RobberiesRead the Press Release
NEWARK, N.J. – A Passaic, New Jersey, man has been arrested and charged in connection with a spree of bank robberies in Hudson, Union, and Passaic counties last month, U.S. Attorney Paul J. Fishman announced today.
Quentin Morales, a/k/a “Quinton Morales,” 25, is charged by criminal complaint with four counts of bank robbery and one count of attempted bank robbery. He appeared Aug. 3, 2016, before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained. Prior to his arrest Morales was one of Newark FBI’s most wanted bank robbers.
According to the complaint, Morales robbed, or attempted to rob, the following New Jersey banks:
Bank
Location
Date
Wells Fargo Bank
Kearny, New Jersey
June 24, 2016
Capital One Bank*
Elizabeth, New Jersey
June 27, 2016
Wells Fargo Bank
Kenilworth, New Jersey
June 30, 2016
Wells Fargo Bank
Linden, New Jersey
July 6, 2016
Wells Fargo Bank
Clifton, New Jersey
July 13, 2016
*attempted bank robbery
At each bank, Morales presented a note demanding cash from bank tellers. During the July 13, 2016, robbery, for example, Morales handed the teller a note which stated: “You are being robbed. Give me all your large bills. No alarms. No dye packs. You got 10 seconds.” On at least two occasions, Morales said he had a gun and urged bank tellers to hurry. He was apprehended on Aug. 2, 2016, by officers of the N.J. State Parole Board.
Each bank robbery or attempted bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI’s Violent Crimes/Interstate Theft Task Force, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to the charges. He also thanked the N.J. State Parole Board and the Kearny, Elizabeth, Kenilworth, Linden, Clifton, Union Township and Newark police departments, as well as the Essex County Prosecutor’s Office for their efforts in the investigation and apprehension of Morales.
The government is represented by Special Assistant U.S. Attorney Stephanie Raney of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and the allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty
Defense counsel: Linda Foster Esq., Assistant Federal Public Defender
Passaic County, New Jersey, Man Charged with String of Bank RobberiesRead the Press Release
NEWARK, N.J. – A Passaic, New Jersey, man has been arrested and charged in connection with a spree of bank robberies in Hudson, Union, and Passaic counties last month, U.S. Attorney Paul J. Fishman announced today.
Quentin Morales, a/k/a “Quinton Morales,” 25, is charged by criminal complaint with four counts of bank robbery and one count of attempted bank robbery. He appeared Aug. 3, 2016, before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained. Prior to his arrest Morales was one of Newark FBI’s most wanted bank robbers.
According to the complaint, Morales robbed, or attempted to rob, the following New Jersey banks:
Bank
Location
Date
Wells Fargo Bank
Kearny, New Jersey
June 24, 2016
Capital One Bank*
Elizabeth, New Jersey
June 27, 2016
Wells Fargo Bank
Kenilworth, New Jersey
June 30, 2016
Wells Fargo Bank
Linden, New Jersey
July 6, 2016
Wells Fargo Bank
Clifton, New Jersey
July 13, 2016
*attempted bank robbery
At each bank, Morales presented a note demanding cash from bank tellers. During the July 13, 2016, robbery, for example, Morales handed the teller a note which stated: “You are being robbed. Give me all your large bills. No alarms. No dye packs. You got 10 seconds.” On at least two occasions, Morales said he had a gun and urged bank tellers to hurry. He was apprehended on Aug. 2, 2016, by officers of the N.J. State Parole Board.
Each bank robbery or attempted bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI’s Violent Crimes/Interstate Theft Task Force, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to the charges. He also thanked the N.J. State Parole Board and the Kearny, Elizabeth, Kenilworth, Linden, Clifton, Union Township and Newark police departments, as well as the Essex County Prosecutor’s Office for their efforts in the investigation and apprehension of Morales.
The government is represented by Special Assistant U.S. Attorney Stephanie Raney of the U.S. Attorney’s Office General Crimes Unit in Newark.
The charges and the allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty
Defense counsel: Linda Foster Esq., Assistant Federal Public Defender
Norway Citizen Charged with Making Threatening Interstate CommunicationsRead the Press Release
Contact: Michael J. Conley
Craig M. Wolff
Assistant United States Attorneys
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced today that Espen Brungodt, 28, of Norway, was arrested and charged in U.S. District Court by criminal complaint with making threatening interstate communications.
According to court records, on August 3, 2016, Brungodt sent an email to the Portland Police Department in which he threatened to kill police officers.
The defendant will make an initial appearance in U.S. District Court in Portland today at 2:00 p.m.
He faces up to five years in prison and a $250,000 fine.
This case was investigated by the Federal Bureau of Investigation and the Portland Police Department.
A criminal complaint is merely an accusation and a defendant is presumed innocent unless proven guilty in a court of law.
North Country Man Pleads Guilty to Illegal Gun PurchaseRead the Press Release
ALBANY, NEW YORK – Donald J. Shappy, Jr., age 57, of Keeseville, New York, pled guilty today to making a false statement during the purchase of a firearm.
The announcement was made by United States Attorney Richard S. Hartunian, Delano A. Reid, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) New York Field Division, and New York State Police Superintendent George P. Beach II.
Shappy admitted that on March 7, 2016, he falsely certified that he was the true purchaser of a Henry Repeating Arms .22 caliber rifle when he then knew that he was purchasing the firearm for his nephew, Jonathon Shappy, who had been denied the ability to purchase the same rifle two days earlier.
Jonathan Shappy is charged with aiding and abetting his uncle’s false statements. He is presumed innocent until proven guilty.
As a result of his conviction, Donald Shappy faces a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced by U.S. District Judge Mae D’Agostino on December 1, 2016. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the ATF and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
North Carolina man charged with providing support to ISILRead the Press Release
A Charlotte, North Carolina, man was arrested this morning on a federal complaint charging him with conspiring to provide material support to the Islamic State of Iraq and Levant (ISIL), a designated foreign terrorist organization.
Erick Jamal Hendricks, 35, tried to recruit people to train together and conduct terrorist attacks in the United States on behalf of ISIL, according to a criminal complaint unsealed today in U.S. District Court in the Northern District of Ohio.
The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.
According to the complaint, in June 2015, an individual (CW-1) was arrested in the Northern District of Ohio after attempting to purchase an AK-47 assault rifle and ammunition from an undercover law enforcement officer. CW-1 had pledged allegiance to ISIL in social media and made statements expressing interest in conducting attacks in the United States.
Hendricks had contacted CW-1 over social media to recruit him in the spring of 2015, according to the complaint. Hendricks allegedly told CW-1 that he “needed people” and wanted to meet in person; that there were several “brothers” located in Texas and Mexico; that he was attempting to “get brothers to meet face to face;” and that he wanted “to get brothers to train together.”
According to the complaint, CW-1 said that Hendricks tested his religious knowledge and commitment, inquiring about his willingness to commit “jihad,” to die as a “martyr” and his desire to enter “jannah” (paradise). CW-1 understood these statements to mean that Hendricks was recruiting people to train together for the purpose of conducting a terrorist attack in the U.S. and to see if CW-1 was suitable for recruitment, according to the allegations. CW-1 allegedly believed that Hendricks and the “brothers in Texas and Mexico” may have been responsible for a thwarted terrorist attack in Garland, Texas, on May 3, 2015, and therefore CW-1 decided to stay away from social media for a period following the attack to minimize detection by law enforcement.
Hendricks also allegedly communicated over social media with several other people, including an undercover FBI employee (UCE-1). According to the complaint, on April 16, 2015, Hendricks instructed UCE-1 to download the document “GPS for the Ghuraba in the U.S.”, which included a section entitled “Final Advice” which advocated that “brothers and sisters” should not allow themselves to go to jail. This section also allegedly encouraged Muslims to die as a “Shaheed” (martyr), to “Boobie trap your homes,” to “lay in wait for them” and to “never leave your home without your AK-47 or M16.” According to the complaint, Hendricks also directed UCE-1 to communicate online with other people and stated “It’s hard to sift through brothers;” “Allah chooses only the few;” and “Everyday I do this day in and day out.”
Hendricks allegedly told another person that his goal was to create a sleeper cell to be trained and housed at a secure compound that would conduct attacks in the United States. He mentioned that potential targets included military members whose information had been released by ISIL and the woman who organized the “Draw Prophet Mohammad contest,” and he claimed to have 10 members signed up for his group, according to allegations in the complaint.
On April 23, 2015, Hendricks allegedly used social media to contact Elton Simpson, who, along with Nadir Hamid Soofi, was inspired by ISIL and launched the attack on the “First Annual Muhammad Art Exhibit and Contest” in Garland. Simpson and Soofi opened fire, wounding a security guard, before Garland police returned fire and killed both Simpson and Soofi. According to the complaint, Hendricks also connected UCE-1 with Simpson via social media; communicated with UCE-1 about the contest in Garland; and directed UCE-1 to go to the contest. Hendricks allegedly said: “If you see that pig (meaning the organizer of the contest) make your ‘voice’ heard against her.” According to the complaint, he also asked UCE-1 a series of questions related to security at the event, including: “How big is the gathering?” “How many ppl?” “How many police/agents?” “Do you see feds there?’ “Do you see snipers?” and “How many media?” Shortly thereafter, Simpson and Soofi committed the attack on the cartoon drawing contest.
A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Hendricks faces a statutory maximum sentence of 15 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI’s offices in Cleveland; Columbia, South Carolina; Baltimore; and Charlotte, North Carolina, with assistance from the Justice Department’s National Security Division and the U.S. Attorney’s Offices in the Northern District of Ohio, District of Maryland, District of South Carolina and the Western District of North Carolina.
North Carolina Man Charged with Conspiring to Provide Material Support to ISILRead the Press Release
A Charlotte, North Carolina, man was arrested this morning on a federal complaint charging him with conspiring to provide material support to the Islamic State of Iraq and Levant (ISIL), a designated foreign terrorist organization.
Erick Jamal Hendricks, 35, tried to recruit people to train together and conduct terrorist attacks in the United States on behalf of ISIL, according to a criminal complaint unsealed today in U.S. District Court in the Northern District of Ohio.
The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office.
According to the complaint, in June 2015, an individual (CW-1) was arrested in the Northern District of Ohio after attempting to purchase an AK-47 assault rifle and ammunition from an undercover law enforcement officer. CW-1 had pledged allegiance to ISIL in social media and made statements expressing interest in conducting attacks in the United States.
Hendricks had contacted CW-1 over social media to recruit him in the spring of 2015, according to the complaint. Hendricks allegedly told CW-1 that he “needed people” and wanted to meet in person; that there were several “brothers” located in Texas and Mexico; that he was attempting to “get brothers to meet face to face;” and that he wanted “to get brothers to train together.”
According to the complaint, CW-1 said that Hendricks tested his religious knowledge and commitment, inquiring about his willingness to commit “jihad,” to die as a “martyr” and his desire to enter “jannah” (paradise). CW-1 understood these statements to mean that Hendricks was recruiting people to train together for the purpose of conducting a terrorist attack in the U.S. and to see if CW-1 was suitable for recruitment, according to the allegations. CW-1 allegedly believed that Hendricks and the “brothers in Texas and Mexico” may have been responsible for a thwarted terrorist attack in Garland, Texas, on May 3, 2015, and therefore CW-1 decided to stay away from social media for a period following the attack to minimize detection by law enforcement.
Hendricks also allegedly communicated over social media with several other people, including an undercover FBI employee (UCE-1). According to the complaint, on April 16, 2015, Hendricks instructed UCE-1 to download the document “GPS for the Ghuraba in the U.S.”, which included a section entitled “Final Advice” which advocated that “brothers and sisters” should not allow themselves to go to jail. This section also allegedly encouraged Muslims to die as a “Shaheed” (martyr), to “Boobie trap your homes,” to “lay in wait for them” and to “never leave your home without your AK-47 or M16.” According to the complaint, Hendricks also directed UCE-1 to communicate online with other people and stated “It’s hard to sift through brothers;” “Allah chooses only the few;” and “Everyday I do this day in and day out.”
Hendricks allegedly told another person that his goal was to create a sleeper cell to be trained and housed at a secure compound that would conduct attacks in the United States. He mentioned that potential targets included military members whose information had been released by ISIL and the woman who organized the “Draw Prophet Mohammad contest,” and he claimed to have 10 members signed up for his group, according to allegations in the complaint.
On April 23, 2015, Hendricks allegedly used social media to contact Elton Simpson, who, along with Nadir Hamid Soofi, was inspired by ISIL and launched the attack on the “First Annual Muhammad Art Exhibit and Contest” in Garland. Simpson and Soofi opened fire, wounding a security guard, before Garland police returned fire and killed both Simpson and Soofi. According to the complaint, Hendricks also connected UCE-1 with Simpson via social media; communicated with UCE-1 about the contest in Garland; and directed UCE-1 to go to the contest. Hendricks allegedly said: “If you see that pig (meaning the organizer of the contest) make your ‘voice’ heard against her.” According to the complaint, he also asked UCE-1 a series of questions related to security at the event, including: “How big is the gathering?” “How many ppl?” “How many police/agents?” “Do you see feds there?’ “Do you see snipers?” and “How many media?” Shortly thereafter, Simpson and Soofi committed the attack on the cartoon drawing contest.
A criminal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Hendricks faces a statutory maximum sentence of 15 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI’s offices in Cleveland; Columbia, South Carolina; Baltimore; and Charlotte, North Carolina, with assistance from the Justice Department’s National Security Division and the U.S. Attorney’s Offices in the Northern District of Ohio, District of Maryland, District of South Carolina and the Western District of North Carolina.
New Orleans Man Pleads Guilty to Drug and Firearms ViolationsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LEROY SMITH, age 32, of New Orleans, pled guilty yesterday to conspiracy to distribute and to possess with the intent to distribute 100 grams or more of acetyl fentanyl and 100 grams or more of heroin. SMITH also pled guilty to possessing firearms in furtherance of his drug-trafficking activities.
According to court documents, in 2014 and 2015, SMITH and others engaged in a conspiracy to distribute acetyl fentanyl and heroin to over twenty different customers in the New Orleans area. SMITH worked with his co-conspirators to order and receive packages of acetyl fentanyl from a source in China. In April 2015, law enforcement intercepted two packages of acetyl fentanyl that were mailed from the Chinese source to associates of SMITH in the New Orleans area. The packages contained a total of one-and-a-half kilograms of acetyl fentanyl, which SMITH planned to package and resell as “heroin” in the New Orleans area. At the time of his arrest on July 13, 2015, SMITH was in possession of heroin, drug paraphernalia, almost $3000 in United States currency, and multiple loaded firearms.
SMITH is facing a mandatory minimum sentence of ten years in prison and a maximum life sentence for the drug conspiracy charge and a mandatory sentence of at least five years in prison for the firearm charge. U.S. District Judge Ivan L.R. Lemelle set sentencing for November 2, 2016.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, United States Customs and Border Protection, United States Postal Service, Louisiana State Police, New Orleans Police Department, Jefferson Parish Sheriff Office, St. Bernard Parish Sheriff Office, St. Charles Parish Sheriff Office, and Kenner Police Department in investigating this matter. Assistant United States Attorneys Brandon S. Long and Nicholas D. Moses are in charge of the prosecution.
Mexico City Man Sentenced to 168 Months in Prison for Consiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA- On August 3, 2016, Jaime Castillo Gomez, 39, of Mexico City, Mexico, was sentenced by Senior United States District Court Judge James E. Gritzner to 168 months in prison announced United States Attorney Kevin E. VanderSchel. Castillo Gomez was also ordered to a five year term of supervised release, to follow his imprisonment.
On February 26, 2016, Castillo Gomez pled guilty to conspiracy to distribute methamphetamine, which was the result of an investigation by law enforcement of methamphetamine trafficking that occurred in the Omaha-Council Bluffs metro area for over a one-year time period. Beginning at least as early as November of 2014, and continuing through September of 2015, Castillo Gomez conspired with multiple other individuals to distribute at least 1.5 kilograms of methamphetamine in the Southern District of Iowa and elsewhere.
This matter was investigated by the Federal Bureau of Investigation’s Greater Omaha Safe Streets Task Force and the Southwest Iowa Narcotics Enforcement Task Force. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Mescalero Apache Man Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Raybert Darin Ahidley, 29, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to a sexual abuse of a minor charge.
Ahidley was arrested on Feb. 8, 2016, on a criminal complaint charging him with sexually abusing a minor who was between 12 and 16 years of age in Otero County, N.M. The criminal complaint indicated that the victim is also a member of the Mescalero Apache Nation.
During today’s proceedings, Ahidley pled guilty to a felony information charging him with sexually abusing a minor. In entering the guilty plea, Ahidley admitted that he was 29 years old when he engaged in a sexual act with the victim who was 15 years old at the time. Ahidley further admitted that the abuse took place on the Mescalero Apache reservation in Otero County.
At sentencing, Ahidley faces a statutory maximum penalty of 15 years in federal prison. He will be required to register as a sex offender after he completes his prison sentence. Ahidley remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Members of Queens-Based Drug Trafficking Crew Indicted for Heroin Trafficking Conspiracy, Kidnapping, and Firearms OffensesRead the Press Release
Earlier today, an indictment was unsealed charging Gonzalo Erick Aguilar Vargas, also known as “Erick Aguilar” and “Erick Vargas,” Hillary Calle, Kiancin Lee, also known as “Mala,” Monica Vargas, and Ricky Vargas with conspiring to traffic heroin, conspiring to kidnap, kidnapping, and possessing and brandishing firearms in relation to the charged heroin trafficking and kidnapping crimes. The defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Steven M. Gold at the federal courthouse in Brooklyn, New York.
The charges and arrests were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Angel M. Melendez, Special Agent-in-Charge, New York, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI); James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division; and William J. Bratton, Commissioner, New York City Police Department (NYPD).
As alleged in the indictment, on February 6, 2015, a member of the defendants’ drug trafficking crew was arrested while picking up a parcel containing heroin sent from Ecuador through John F. Kennedy International Airport into Queens, New York. The crew member was released from law enforcement custody later that day. The following day, the defendants kidnapped the crew member and his female companion in Manhattan so that their leader, Gonzalo Erick Aguilar Vargas, could confront him regarding the lost parcel of heroin. Hillary Calle, Monica Vargas, and Ricky Vargas drove the two victims to New Jersey and then returned with them through Manhattan to Queens, where they waited for other crew members to arrive. Kiancin Lee and another crew member subsequently arrived and ordered the kidnapped crew member into a vehicle. When he refused, Ricky Vargas, Kiancin Lee, and the other crew member viciously assaulted him using firearms. The victim crew member ultimately escaped and his female companion was later released.
“As detailed in the indictment, the defendants were members of a drug trafficking organization that imported heroin from Ecuador through John F. Kennedy Airport and distributed it throughout the New York City area,” stated United States Attorney Capers. “The defendants allegedly kidnapped and viciously assaulted a member of their crew after he was arrested in another case in order to enforce their control over the crew’s activities. As this prosecution demonstrates, we are committed to working closely with our local partners, including city, state, and federal law enforcement, to rid our communities of the ravages of drug trafficking and its related violence.” Mr. Capers extended his grateful appreciation to the Office of Queens County District Attorney Richard A. Brown for its assistance with this investigation and prosecution, as well as the New York Field Office of United States Customs and Border Protection.
“Drugs and guns are a deadly combination and every seizure makes our community safer. These arrests and indictments demonstrate our relentless pursuit to remove drug traffickers from our streets,” said HSI New York Special Agent-in-Charge Melendez. “The safety of our communities is one of HSI’s top priorities. HSI and our state, federal, and local law enforcement partners pool information and resources to target drug smuggling and related criminal elements.”
“Underscoring the brutality linked with drug trafficking, the Vargas organization’s alleged crimes are a reminder of the dark side of drug trafficking-firearms offenses, kidnappings, and assaults. By working with our federal, state, and local law enforcement partners, five alleged members of a violent heroin trafficking organization were investigated, indicted, and arrested,” said DEA New York Special Agent-in-Charge Hunt.
“This investigation is the latest example of the multi-agency collaboration needed to combat crime from Ecuador to the tarmac at John F. Kennedy airport. That collaboration that resulted in today’s arrest for alleged kidnapping and firearms offenses was all to further an illicit and violent drug business,” said New York City Police Commissioner Bratton. “I commend the work of the investigators and prosecutors involved in making this case.”
The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of all counts, defendants Gonzalo Erick Aguilar Vargas, Kiancin Lee, and Ricky Vargas face a mandatory minimum of 17 years’ imprisonment and a maximum of life imprisonment. The defendants Hillary Calle and Monica Vargas face a mandatory minimum of 10 years’ imprisonment and a maximum of life imprisonment.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney Patrick T. Hein is in charge of the prosecution.
The Defendants:
GONZALO ERICK AGUILAR VARGAS, also known as “Erick Aguilar” and “Erick Vargas”
Age: 23HILLARY CALLE
Age: 23KIANCIN LEE, also known as “Mala”
Age: 23MONICA VARGAS
Age: 44RICKY VARGAS
Age: 24E.D.N.Y. Docket No. 16-CR-406
Mellette County Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mellette County, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 4, 2016, by U.S. District Judge Roberto A. Lange.
Helen Ann Clifford, age 44, was sentenced to 42 months in custody, 3 years of supervised release, a $1,000 fine, and $100 special assessment to the Federal Crime Victims Fund. Clifford was also ordered to forfeit U.S. currency and two handguns seized by law enforcement in September 2015.
Clifford was indicted for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person by a federal grand jury on January 21, 2016. She pled guilty to Conspiracy to Distribute a Controlled Substance on April 19, 2016.
From May 2014 through September 2015, Clifford received and distributed methamphetamine in South Dakota. The individuals who provided Clifford with large amounts of methamphetamine knew she intended to engage in further distribution. It was reasonably foreseeable to Clifford that more than 50 grams of methamphetamine would be distributed during the course of this conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Clifford was immediately turned over to the custody of the U.S. Marshals Service.
Manhattan U.S. Attorney Charges 46 Leaders, Members, and Associates of Several Organized Crime Families of La Cosa Nostra with Wide-Ranging Racketeering ChargesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), William J. Bratton, Commissioner of the New York City Police Department (“NYPD”), and James A. McCarty, Acting District Attorney for Westchester County, announced today the unsealing of an Indictment charging 46 defendants for their alleged roles in a sprawling and long-running racketeering conspiracy composed of leaders, members, and associates of the Genovese, Gambino, Luchese, Bonanno, and Philadelphia Organized Crime Families of La Cosa Nostra (“LCN”), who worked together to engage in a multitude of criminal activities throughout the East Coast of the United States between Springfield, Massachusetts, and Southern Florida (the “East Coast LCN Enterprise” or the “Enterprise”). The defendants are charged with racketeering conspiracy, arson, illegal trafficking in firearms, and conspiracy to commit assault in aid of racketeering.
Thirty-nine of the defendants charged were taken into custody today. During the arrests, law enforcement officers recovered, among other items, three handguns, a shotgun, gambling paraphernalia, and more than $30,000 in cash.
Two defendants, CONRAD IANNIELLO and PASQUALE MAIORINO, a/k/a “Patty Boy,” were already in federal custody on other charges. Another defendant, JOHN LEMBO, was already in custody on state charges and will be transferred to federal custody. Six defendants, JOSEPH MERLINO, a/k/a “Joey,” PASQUALE CAPOLONGO, a/k/a “Patsy,” a/k/a “Pat C.,” a/k/a “Mustache Pat,” a/k/a “Fish,” FRANK TRAPANI, a/k/a “Harpo,” CARMINE GALLO, CRAIG BAGON, BRADLEY SIRKIN, a/k/a “Brad,” were arrested this morning in Florida, and will be presented in federal court in West Palm Beach later today. Two defendants, FRANCESCO DEPERGOLA, a/k/a “Frank,” and RALPH SANTANIELLO were arrested this morning in Massachusetts, where they face additional federal charges, and will be presented in federal court in Springfield, Massachusetts later today. All other defendants arrested today will be presented in Manhattan federal court before U.S. Magistrate Judges Barbara Moses, Frank Maas, and Gabriel W. Gorenstein this afternoon. Two defendants, NICHOLAS DEVITO, a/k/a “Nicky,” and ANTHONY CIRILLO, surrendered today. One defendant, HAROLD THOMAS, a/k/a “Harry,” is expected to surrender in the next few days. Three defendants, ANTHONY CAMISA, a/k/a “Anthony the Kid,” LAURENCE KEITH ALLEN, a/k/a “Keith Allen,” and WAYNE KREISBERG remain at large. The case is assigned to United States District Judge Richard J. Sullivan.
Manhattan U.S. Attorney Preet Bharara said: “Today’s charges against 46 men, including powerful leaders, members and associates of five different La Cosa Nostra families, demonstrate that the mob remains a scourge on this city and around the country. From loansharking and illegal gambling, to credit card and health care fraud, and even firearms trafficking, today’s mafia is fully diversified in its boundless search for illegal profits. And as alleged, threatening to assault, maim and kill people who get in the way of their criminal schemes remains the go-to play in the mob’s playbook.”
FBI Assistant Director-in-Charge Diego Rodriguez said: “The indictment reads like an old school mafia novel, where extortion, illegal gambling, arson and threats to ‘whack’ someone are carried out along with some modern-day crimes of credit card skimming. But the 40-plus arrests of mob associates, soldiers, capos, and a boss this morning show this isn’t fiction. As alleged, Genovese, Gambino, Luchese, and Bonanno LCN crime families are still carrying out their criminal activities from Mulberry Street here in New York City to areas of Springfield, Massachusetts. The FBI, working with our task force partners from the New York Police Department, are just as steadfast investigating and rooting out organized crime as wise guys are to bringing it our streets. We thank all our partners on this multi-year investigation, including the FBI field offices from New Haven, Newark, Miami and Boston for their assistance with operations.”
NYPD Commissioner William J. Bratton said: “The charges applied today to these 46 individuals deal a significant blow to La Cosa Nostra, which the NYPD is committed to putting out of business. As alleged, in typical mob fashion, the rackets ran from Springfield to South Florida and left no scheme behind. These mobsters seemed to use every scheme known to us, from arson, to shake-downs, violence, health care fraud, and even untaxed cigarettes to keep the racket going. I want to thank my friends Preet Bharara and Diego Rodriguez for their work at the Justice Department and FBI for making today’s case possible and their collaborative efforts during my tenure as Commissioner of the NYPD.”
Westchester County Acting District Attorney James A. McCarty said: “I want to congratulate the prosecutors and investigators whose combined efforts resulted in today’s indictment. Those charged with these crimes believe they can commit them at will, undetected and without consequence. These dedicated members of law enforcement through their actions, have made it clear that those individuals who commit these crimes will be rooted out.”
According to the allegations in the Indictment[1], which was filed in Manhattan federal court, and other publicly filed documents:
The instant charges are the culmination of a multi-year joint investigation conducted by the Federal Bureau of Investigation (“FBI”), FBI-NYPD Organized Crime Task Force, the Westchester County District Attorney’s Office, the New York City Police Department (“NYPD”), and this Office. The evidence includes thousands of hours of consensual recordings obtained by a cooperating witness (“CW-1”) and an FBI Special Agent working in an undercover capacity (“UC-1”). CW-1 worked under PASQUALE PARRELLO, a/k/a “Patsy,” believed to be a Genovese Capo in charge of a crew based out of a restaurant that bears his name in the Bronx, New York (Pasquale’s Rigoletto, hereinafter “Rigoletto”). At one point, with PARRELLO’S approval, CW-1 began working under JOSEPH MERLINO, a/k/a “Joey,” believed to be the Boss of the Philadelphia Crime Family, who resided in southern Florida for part of the year. UC-1 worked under EUGENE O’NOFRIO, a/k/a “Rooster,” a Genovese Acting Capo in charge of crews on Mulberry Street in New York, New York, and Springfield, Massachusetts. As evidenced by the consensual recordings made by CW-1 and UC-1, the myriad criminal schemes pursued by PARRELLO, MERLINO, O’NOFRIO, and their underlings were in many respects intertwined.
The Enterprise charged in the Indictment is composed of leaders, members, and associates of the Genovese, Gambino, Luchese, Bonanno, and Philadelphia Crime Families of LCN, who worked together and coordinated with each other to engage in a multitude of criminal activities throughout the East Coast of the United States, including in Springfield, Massachusetts, the Bronx and Manhattan, Philadelphia, Pennsylvania, and Southern Florida. The members of the Enterprise have been involved in gambling, extortionate collection of loans, other extortion activities, arson, conspiracies to commit assaults in aid of racketeering, trafficking in unstamped and cigarettes, gun trafficking, access device fraud, and health care fraud. The members of the Enterprise include, but are not limited to, PASQUALE PARRELLO, a/k/a “Patsy,” a/k/a “Pat,” JOSEPH MERLINO, a/k/a “Joey,” EUGENE O’NOFRIO, a/k/a “Rooster,” CONRAD IANNIELLO, ISRAEL TORRES, a/k/a “Buddy,” ANTHONY ZINZI, a/k/a “Anthony Boy,” ANTHONY VAZZANO, a/k/a “Tony the Wig,” a/k/a “Muscles,” ALEX CONIGLIARO, FRANK BARBONE, RALPH BALSAMO, PASQUALE MAIORINO, a/k/a “Patty Boy,” JOHN SPIRITO, a/k/a “Johnny Joe,” VINCENT CASABLANCA, a/k/a “Vinny,” MARCO MINUTO, PAUL CASSANO, a/k/a “Paul Cassone,” DANIEL MARINO, JR., a/k/a “Danny,” JOHN LEMBO, a/k/a “Johnny,” MITCHELL FUSCO, a/k/a “Mitch,” REYNOLD ALBERTI, a/k/a “Randy,” VINCENT TERRACCIANO, a/k/a “Big Vinny,” JOSEPH TOMANELLI, a/k/a “Joe,” AGOSTINO CAMACHO, a/k/a “Augie,” NICHOLAS DEVITO, a/k/a “Nicky,” ANTHONY CASSETTA, a/k/a “Tony the Cripple,” NICHOLAS VUOLO, a/k/a “Nicky the Wig,” BRADFORD WEDRA, MICHAEL POLI, a/k/a “Mike Polio,” PASQUALE CAPOLONGO, a/k/a “Patsy,” a/k/a “Pat C.,” a/k/a “Mustache Pat,” a/k/a “Fish,” ANTHONY DEPALMA, a/k/a “Harpo,” a/k/a “Harp,” JOHN TOGNINO, a/k/a “Tugboat,” MARK MAIUZZO, a/k/a “Stymie,” JOSEPH DIMARCO, HAROLD THOMAS, a/k/a “Harry,” RICHARD LACAVA, a/k/a “Richie,” VINCENT THOMAS, a/k/a “Vinny,” ANTHONY CAMISA, a/k/a “Anthony the Kid,” FRANK TRAPANI, a/k/a “Harpo,” ANTHONY CIRILLO, CARMINE GALLO, JOSEPH FALCO, a/k/a “Joe Cub,” FRANCESCO DEPERGOLA, a/k/a “Frank,” RALPH SANTANIELLO, LAURENCE KEITH ALLEN, a/k/a “Keith Allen,” CRAIG BAGON, BRADLEY SIRKIN, a/k/a “Brad,” and WAYNE KREISBERG, the defendants.
To protect and expand the Enterprise’s business and criminal operations, members and associates of the Enterprise assaulted, threatened to assault, and destroyed the property of people who engaged in activity that jeopardized: (i) the power and criminal activities of the Enterprise and the power and criminal activities of their respective LCN Families; (ii) the power of leaders of the Enterprise; and (iii) the flow of criminal proceeds to the leaders of the Enterprise. Members and associates of the Enterprise promoted a climate of fear in the community through threats of economic harm and violence, as well as actual violence, including assault and arson. Members and associates of the Enterprise generated or attempted to generate income for the Enterprise through firearms trafficking, extortion, operating illegal gambling businesses, health care fraud, credit card fraud, selling untaxed cigarettes, making extortionate extensions of credit, and other offenses. Members and associates of the Enterprise at times engaged in criminal conduct or coordinated their criminal activities with leaders, members, and associates of their respective LCN Families. At other times, members and associates of the Enterprise met with leaders, members, and associates of their respective LCN Families to resolve disputes over their criminal activities.
Enterprise members PASQUALE PARRELLO, a/k/a “Patsy,” a/k/a “Pat,” JOSEPH MERLINO, a/k/a “Joey,” and EUGENE O’NOFRIO, a/k/a “Rooster,” the defendants, supervised and controlled other members of the Enterprise engaged in illegal schemes, including those that were the objects of the conspiracy. At various times, members and associates of the Enterprise (including those who are leaders, members, and associates of different LCN families) met, coordinated, and worked together with PARRELLO, MERLINO, and O’NOFRIO, and each other, as well as other members and associates of their respective LCN Families, to engage in criminal activity.
To avoid law enforcement scrutiny, members and associates of the Enterprise conducted meetings surreptitiously, typically using coded language to make arrangements for meetings, and meeting at rest stops along highways and at restaurants.
Certain members and associates of the Enterprise engaged in and conspired to engage in the following violent crimes:
Arson of Vehicle Belonging to Victim-1
In early 2011, an individual (“Victim-1”) operated an illegal gambling establishment on Saw Mill River Road, Yonkers, New York, which was around the corner from a similar establishment (the “Yonkers Club”) run by ANTHONY ZINZI, a/k/a “Anthony Boy,” and other associates of the charged Enterprise. ZINZI and others paid PARRELLO tribute from the profits from the Yonkers Club.
While PARRELLO was on federal supervision stemming from a federal conviction in this Court, the Yonkers Club struggled. Indeed, Victim-1’s club was more successful than the Yonkers Club. ZINZI suggested to other members of the conspiracy that they light Victim-1’s vehicle on fire while it was outside of Victim-1’s club. Then, on or about March 7, 2011, co-defendant MARK MAIUZZO, a/k/a “Stymie,” and others not charged in the above-referenced Indictment located Victim-1’s vehicle, poured gasoline into the vehicle, and lit it on fire.
Conspiracy to Assault and Assault of Victim-2
On or about June 5 and 6, 2011, PARRELLO ordered ZINZI and Ronald “The Beast” Mastrovincenzo (now deceased) to assault a panhandler (“Victim-2”) in the area of Arthur Avenue and Fordham Road, Bronx, New York. ZINZI and Mastrovincenzo enlisted the help of ISRAEL TORRES, a/k/a “Buddy,” and others. Victim-2 had been bothering some female customers in the parking lot nearby Rigoletto, and these women complained to PARRELLO.
ZINZI, TORRES, Mastrovincenzo, and others, on PARRELLO’s orders to “break” Victim-2’s knees, went looking for Victim-2. Eventually, Victim-2 was beaten by Mastrovincenzo and CW-1 (prior to CW-1’s cooperation with the Government). A New York State wiretap revealed that after the beating, Mastrovincenzo told ZINZI, in sum and substance: “[r]emember the old days in the neighborhood when we used to play baseball? . . . A ball game like that was done.” After the beating, TORRES and ZINZI helped Mastrovincenzo and CW-1 in hiding and disposing of evidence.
Conspiracy to Extort Victim-1
PASQUALE CAPOLONGO, a/k/a “Patsy,” a/k/a “Pat C.,” a/k/a “Mustache Pat,” a/k/a “Fish,” a Luchese associate and longtime bookmaker, placed large bets on behalf of several “professional gamblers,” to help conceal their status as professionals. CAPOLONGO also placed bets himself as a gambler. In 2011, CW-1 gave CAPOLONGO access to gambling accounts controlled by individuals known as bookmakers so that CAPOLONGO could place bets on those accounts on behalf of professional gamblers. In turn, CW-1 received approximately 10 percent of the winnings and was also responsible to the bookmaker for the losses. As part of this arrangement, in late 2011, CAPOLONGO obtained betting accounts on Victim-1’s book through CW-1. In December 2011, CAPOLONGO, on behalf of his bettors, won approximately $30,000 from sports wagers CAPOLONGO placed in Victim-1’s book. Victim-1 refused to pay CAPOLONGO.
On or about December 12, 2011, CW-1 met with PARRELLO and explained that CAPOLONGO won approximately $30,000 on sports wagers and that CW-1 was unable to collect because Victim-1 was refusing to pay despite CW-1’s affiliation with PARRELLO. CW-1 asked PARRELLO to intervene on his behalf and sought assistance in collecting the approximately $30,000 debt from Victim-1. PARRELLO agreed to help collect the debt.
Between about December 2011 and March 2014, PARRELLO sent ZINZI, TORRES, VINCENT TERRACCIANO, a/k/a “Big Vinny,” and others to threaten and intimidate Victim-1, and collect the money for the debt. On one such occasion, PARRELLO told them: “You get Buddy [TORRES] and let Buddy go there and choke him [Victim-1], choke him. I want Buddy to choke him, choke him, actually choke the motherfucker…and tell him, ‘Listen to me…next time I’m not gonna stop choking… I’m gonna kill you.’”
Conspiracy to Extort Victim-3
Victim-3 was working as a bookmaker and had accounts with defendant JOHN TOGNINO, a/k/a “Tugboat,” who worked under by ALEX CONIGLIARO. CONIGLIARO suspected that Victim-3 had allowed professional bettors to place bets and, as a result of their winning bets, CONIGLIARO owed approximately $400,000 to the winning bettors.
On or about February 21, 2012, PARRELLO summoned Victim-3 to Rigoletto. There, CONIGLIARO, PARRELLO, and IANNIELLO confronted Victim-3 in a small room in the basement of the restaurant, threatening and intimidating him. Ultimately, CONIGLIARO refused to pay the money owed.
Conspiracy to Extort Victim-4
An unindicted co-conspirator (“CC-1”) operated a gambling club in the Bronx, New York. CC-1 was affiliated with PARRELLO, and, from in or about 2012 to in or about 2013, CC-1 paid PARRELLO approximately $500 per week in tribute in connection with the Bronx gambling club. Another individual, Victim-4, owed tens of thousands of dollars to CC-1. PARRELLO directed CW-1 to find Victim-4 to collect the money. TORRES and co-defendant JOHN SPIRITO, a/k/a “Johnny Joe,” a made member of the Bonanno family, tried to get a picture of Victim-4. The plan was to identify Victim-4, bring Victim-4 to an isolated area, and confront Victim-4 about the debt.
Conspiracy to Extort Victim-5
Victim-5 was a gambler who gave CW-1 access to gambling accounts. As a result, Victim-5 incurred a debt that he did not pay. At the same time, Victim-5 separately owed money to defendants VINCENT CASABLANCA, a/k/a “Vinny,” and PASQUALE MAIORINO, a/k/a “Patty Boy,” members of the Luchese and Bonanno crime families, respectively. PARRELLO worked with others, including members of the Genovese and Bonanno crime families, to ensure that Victim-5 paid the debt. Among other things, PARRELLO stated, in a recorded conversation, that members of PARRELLO’s crew should:
[C]ut his [Victim-5’s] fuckin’ tire. That way he has to change the tire. So then you know you can catch up with him. Give him a flat. Take the air out of the tire, whatever the fuck you got to do. Then you catch up with him because then he’s there, ya know, he’s got to get it fixed, he can’t go nowhere, and then you surround the mother fucker. That’s how yous do it.
PARRELLO further stated, “go ahead, get this motherfucker. Don’t make a mistake. Get your fuckin’ money.” Co-defendant ZINZI provided an icepick to use to slash the tire of Victim-5’s car in order to carry out PARRELLO’s order. Eventually, Victim-5 agreed to make weekly payments on Victim-5’s outstanding debt.
Conspiracy to Assault Victim-6
On or about January 22, 2013, Genovese associate and defendant ANTHONY VAZZANO, a/k/a “Tony the Wig,” a/k/a “Muscles,” was stabbed in the neck by Victim-6 during an altercation at a bar in the Bronx, New York (the “Bar”). VAZZANO was at the Bar with Mastrovincenzo and others when the stabbing occurred. After that, associates of PARRELLO’s crew, including Mastrovincenzo and TORRES, among others, at PARRELLO’s direction, agreed to assault Victim-6 in retaliation for the stabbing. During one such conversation, TORRES stated that they would “whack” and “maim this mother fucker [Victim-6].” PARRELLO instructed Mastrovincenzo to “keep the pipes handy and pipe him, pipe him, over here [gesturing to the knees], not on his head.”
Gun Trafficking
Between about January and March 2012, MITCHELL FUSCO, a/k/a “Mitch,” sold eleven firearms on three separate dates to CW-1. Mastrovincenzo also sold guns to CW-1 and the Enterprise, including six firearms on five separate occasions between 2012 and 2013. During a June 27, 2012 consensually recorded conversation, PARRELLO asked CW-1 if the guns were “clean” and directed CW-1 to “get some nines.”
On or about August 20, 2012, CW-1 met with Mastrovincenzo and ZINZI. During this recorded meeting, Mastrovincenzo asked CW-1 and ZINZI how many guns he should get, and ZINZI told Mastrovincenzo, “at least a hundred.”
Additional Criminal Activity
In addition to the violent crimes described above, members and associates also conspired to, and in some cases did, work together and coordinate with each other to perpetrate a number of other crimes.
a. Loansharking. Members of the East Coast LCN Enterprise, including, but not limited to, PARRELLO, O’NOFRIO, HAROLD THOMAS, VINCENT THOMAS, a/k/a “Vinny,” FRANCESCO DEPERGOLA, a/k/a “Frank,” and RALPH SANTANIELLO, the defendants regularly made and took extortionate loans (“loansharking”) as part of the business of the East Coast LCN Enterprise. In connection with one such loan, HAROLD THOMAS said to AGOSTINO CAMACHO, a/k/a “Augie,” who owed an outstanding debt to HAROLD THOMAS: “If you don’t have my money the first of the month you will never hear another sound I give you [my] word on that. . . . If you miss don’t call me. You’ve had enough breaks. I’ve just given you the biggest break in your life. . . . [I]n about a minute I’m going to go over to the car and take the fucking pistol and I’m going to kill you.”
b. Gambling. Illegal gambling was a significant part of the regular course of business of certain members of the East Coast LCN Enterprise. Dozens of members of the Enterprise engaged in two different types of illegal gambling activities as a way to generate money for the Enterprise: (1) casino-style club gambling and (2) sports gambling.
i. Casino-Style Club Gambling. At various times relevant to the Indictment, PARRELLO, TORRES, ZINZI, VAZZANO, CAMACHO, and MAIUZZO, a/k/a “Stymie,” the defendants operated the above-mentioned Yonkers Club. Several nights a week, the Yonkers Club held poker tournaments, dice tournaments, and took bets on horse races. The owners of the Yonkers Club (the “House”) took a percentage of the gambling proceeds. Additionally, the Yonkers Club generated profits through the installation of illegal poker machines.
ii. Sports Gambling. At various times relevant to the Indictment, multiple members of the East Coast LCN Enterprise operated several gambling operations as a way to enrich the Enterprise. Members of the Enterprise, playing different roles in the sports gambling operations, utilized gambling websites based in the United States and abroad to keep track of wagers and proceeds.
c. Cigarettes. Receiving, causing others to receive, and profiting from the purchase of contraband cigarettes was part of the regular business of certain members of the East Coast LCN Enterprise, including, but not limited to, PARRELLO, O’NOFRIO, TORRES, ZINZI, VAZZANO, SPIRITO, CASABLANCA, REYNOLD ALBERTI, a/k/a “Randy,” TERRACCIANO, JOSEPH TOMANELLI, a/k/a “Joe,” CAMACHO, NICHOLAS DEVITO, a/k/a “Nicky,” NICHOLAS VUOLO, a/k/a “Nicky the Wig,” BRADFORD WEDRA, HAROLD THOMAS, RICHARD LACAVA, a/k/a “Richie,” and VINCENT THOMAS, the defendants. At various times relevant to the Indictment, these defendants obtained, caused others to obtain, and profited from the obtaining of, hundreds of cases of contraband cigarettes, which did not bear a stamp evincing payment of applicable cigarette taxes, with a street value of more than approximately $3 million.
d. Credit Card Fraud Conspiracy. In or around 2012, PARRELLO, TORRES, PASQUALE MAIORINO, a/k/a “Patty Boy,” JOHN LEMBO, a/k/a “Johnny,” and ALBERTI, the defendants, and others known and unknown, conspired to obtain and use a credit card “skimmer” — a small device that captures and retains unwitting credit card owners’ personal identifying information — to steal credit card information and use the information to create new fraudulent credit cards which could, in turn, be used to make unauthorized purchases.
e. Health Care Fraud. At various times relevant to the Indictment, PARRELLO, MERLINO, RALPH BALSAMO, CAMACHO, DEVITO, MICHAEL POLI, a/k/a “Mike Polio,” CARMINE GALLO, BRAD SIRKIN, a/k/a “Brad,” and WAYNE KREISBERG, the defendants, were involved in a scheme targeting providers of health insurance (the “Victim Insurers”), by causing, and causing others to cause, corrupt doctors to issue unnecessary and excessive prescriptions for expensive compound cream (“Prescription Compound Cream”) that were then billed to the Victim Insurers. Had the Victim Insurers known the fraudulent nature of the scheme — that wrongful kickbacks were paid to doctors to write, and to patients to request and receive, unnecessary and excessive prescriptions for the Prescription Compound Cream — the Victim Insurers would not have issued reimbursements for the Prescription Compound Cream.
* * *
A chart containing the ages, residency information, and charges against the defendants, as well as the maximum penalties they face is attached. The maximum penalties 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 work of the Federal Bureau of Investigation in this case. He thanked the NYPD for their assistance. Mr. Bharara also noted that the investigation is continuing.
Assistant U.S. Attorneys Amanda Kramer, Abigail Kurland, Jessica Lonergan, and Jonathan Rebold, along with Special Assistant U.S. Attorney Lauren Abinanti of the Westchester County District Attorney’s Office, are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
UNITED STATES V. PARRELLO, ET AL.
DEFENDANT
AGE
CITY OF RESIDENCE
CHARGES
MAX SENT.
Alberti, Reynold
47
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Allen, Laurence Keith
46
Costa Rica
18 U.S.C. § 1962(d)
20 years
Bagon, Craig
56
Boca Raton, FL
18 U.S.C. § 1962(d)
20 years
Balsamo, Ralph
46
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Barbone, Frank
44
Queens, NY
18 U.S.C. § 1962(d)
20 years
Camacho, Agostino
40
Yonkers, NY
18 U.S.C. § 1962(d)
20 years
Camisa, Anthony
24
Unknown
18 U.S.C. § 1962(d)
20 years
Capolongo, Pasquale
67
West Palm Beach, FL
18 U.S.C. § 1962(d)
20 years
Casablanca, Vincent
49
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Cassano, Paul
37
Nanuet, NY
18 U.S.C. § 1962(d)
20 years
Cassetta, Anthony
48
Belmar, NJ
18 U.S.C. § 1962(d)
20 years
Cirillo, Anthony
51
Englewood Cliffs, NJ
18 U.S.C. § 1962(d)
20 years
Conigliaro, Alex
56
Staten Island, NY
18 U.S.C. § 1962(d)
20 years
Depalma, Anthony
70
Stony Point, NY
18 U.S.C. § 1962(d)
20 years
Depergola, Francesco
60
Springfield, MA
18 U.S.C. § 1962(d)
20 years
Devito, Nicholas
64
Monticello, NY
18 U.S.C. § 1962(d)
20 years
DiMarco, Joseph
46
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Falco, Joseph
72
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Fusco, Mitchell
52
Yonkers, NY
18 U.S.C. § 1962(d)
18 U.S.C. § 922(a)(1)(A) &
18 U.S.C. 2
20 years
5 years
Gallo, Carmine
38
Delray Beach, FL
18 U.S.C. § 1962(d)
20 years
Ianniello, Conrad
72
In Custody
18 U.S.C. § 1962(d)
20 years
Kreisberg, Wayne
39
Parkland, FL
18 U.S.C. § 1962(d)
20 years
LaCava, Richard
67
Pelham, NY
18 U.S.C. § 1962(d)
20 years
Lembo, John
50
In Custody
18 U.S.C. § 1962(d)
20 years
Maiorino, Pasquale
56
In Custody
18 U.S.C. § 1962(d)
20 years
Maiuzzo, Mark
37
Scarsdale, NY
18 U.S.C. § 1962(d),
18 U.S.C. § 844(h) &18 U.S.C. § 2
20 years
10 years
Marino, Jr., Daniel
49
Short Hills, NJ
18 U.S.C. § 1962(d)
20 years
Merlino, Joseph
54
Boca Raton, FL
18 U.S.C. § 1962(d)
20 years
Minuto, Marco
80
Upper Saddle River, NJ
18 U.S.C. § 1962(d)
20 years
O’Nofrio, Eugene
74
East Haven, CT
18 U.S.C. § 1962(d)
20 years
Parrello, Pasquale
72
Tuckahoe, NY
18 U.S.C. § 1962(d),
18 U.S.C. § 1959(a)(6)20 years
20 years
Poli, Michael
31
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Santaniello, Ralph
49
Longmeadow, MA
18 U.S.C. § 1962(d)
20 years
Sirkin, Bradley
54
Boca Raton, FL
18 U.S.C. § 1962(d)
20 years
Spirito, John
34
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Terracciano, Vincent
40
Yonkers, NY
18 U.S.C. § 1962(d)
20 years
Thomas, Harold
71
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Thomas, Vinny
69
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Tognino, John
74
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Tomanelli, Joseph
70
Yonkers, NY
18 U.S.C. § 1962(d)
20 years
Torres, Israel
66
Queens, NY
18 U.S.C. § 1962(d),
18 U.S.C. § 1959(a)(6)20 years
20 years
Trapani, Frank
63
Boca Raton, FL
18 U.S.C. § 1962(d)
20 years
Vazzano, Anthony
51
Brewster, NY
18 U.S.C. § 1962(d)
20 years
Vuolo, Nicholas
71
Bronx, NY
18 U.S.C. § 1962(d)
20 years
Wedra, Bradford
61
Mt. Vernon, NY
18 U.S.C. § 1962(d)
20 years
Zinzi, Anthony
73
Bronx, NY
18 U.S.C. § 1962(d),
18 U.S.C. § 844(h) &18 U.S.C. § 2
20 years
10 years
[1] The charges contained in the Indictments are merely accusations and the defendants are presumed innocent unless and until proven guilty.
MS-13 Gang Members Pled Guilty to Murder of 19-Year-Old Man on Long IslandRead the Press Release
Earlier today, defendants Milton Contreras and Jose Osmin Rubio pled guilty to the murder of a 19-year-old victim on Long Island. The guilty pleas were entered before United States Magistrate Judge Ramon E. Reyes, Jr., at the federal courthouse in Brooklyn, New York. In the past month, two additional defendants pled guilty and admitted their participation in the murder – defendant Byron Lopez pled guilty before United States District Court Judge Margo Brodie on July 5, 2016, and defendant Oscar Welman Espinoza-Merino pled guilty before Judge Reyes on July 28, 2016. When sentenced, the defendants face up to life imprisonment, as well as restitution and a fine.
The guilty pleas were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, New York, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations, (HSI); Delano A. Reid, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF); and William J. Bratton, Commissioner, New York City Police Department.
In announcing thee guilty pleas, U.S. Attorney Capers expressed his grateful appreciation to the Suffolk County Police Department for its assistance with the investigation.
As detailed in the superseding indictment, the four defendants are members of the Jamaica, Queens and/or Brentwood, Long Island chapters of the violent street gang La Mara Salvatrucha, also known as “MS-13.” On February 25, 2014, Lopez, Espinoza-Merino, Contreras and Rubio directed the victim, fellow gang member Sidney Valverde, to travel to Long Island under the false pretense that they needed him to assist in gang business there. In fact, the co-conspirators planned to kill Valverde because they believed that he was providing information about the gang’s activities to law enforcement. After Valverde arrived in Long Island, the co-conspirators shot him in the back of the head and left his body on Miller Place Beach in Suffolk County where it was discovered by a beachcomber approximately two weeks later.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in this district. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders, and assaults. Since 2010 alone, this Office has obtained indictments charging MS-13 members with carrying out more than 30 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorney Alixandra Smith is in charge of the prosecution.
The Defendants:
BYRON LOPEZ
Age: 25
Queens, New YorkOSCAR WELMAN ESPINOZA-MERINO (“Speedy” and “Petey”)
Age: 23
Brentwood, New YorkMILTON CONTRERAS (“Diabolico”)
Age: 20
Brentwood, New YorkJOSE OSMIN RUBIO (“Slow”)
Age: 25
Brentwood, New YorkE.D.N.Y. Docket No. 14-463 (MKB) (RER)
Local Man Indicted on Federal Fraud ChargesRead the Press Release
St. Louis, MO – Eddie Lee Regans was indicted on multiple fraud charges after using clients' personal information to obtain credit to be used for his personal use, racking up charges of approximately $89,000.
On January 22, 2010, Eddie Lee Regans pled guilty to the felony offenses of aggravated identity theft and bank fraud stemming from his use of the names of others in order to open business accounts at various financial institutions throughout the St. Louis metropolitan area. Upon being released from an 84-month term of incarceration, Regans was ordered to submit to the supervision of the United States Probation Office for an additional five years. One of the terms of supervision prevented Regans from creating, managing or operating any business entity without the written approval of the probation office.
The indictment alleges that between August 2015 and July 2016, using the name Eddie Lee, Regans advertised himself as a contractor by distributing flyers to customers at various home improvement stores and other retail establishments in the St. Louis metropolitan area. Regans also established an internet website and Yellow Pages entry in which he claimed to provide home repair and general contractor services through a company called All Rehab & Repair. He also falsely claimed to have been accredited by the Better Business Bureau. In response to complaints by consumers and its own investigation, the Better Business Bureau issued an alert warning consumers from doing business with Regans and his companies. In addition to All Rehab & Repair, Regans used the following names when advertising his business: Reasonable Quality Work; Repair and Rehab; All Rehab Repairs and Affordable Quality Works. Regans obtained prospective customers’ identifying information by promising that his company would finance their home repairs, and believing his representations, several customers provided their names, dates of birth, social security numbers and addresses. As Regans did not operate any company through which he could provide financing, he used the identifying information to open, and attempt to open, credit accounts at the home improvement stores Menards and Lowes. Rather than use the credit accounts for the benefits of the homeowners, Regans utilized the accounts to purchase items for his benefit.
Eddie Regans, St. Louis, MO, was indicted by a federal grand jury on Wednesday, August 3, on two felony counts of fraudulent use of access devices, one felony count of mail fraud and six felony counts of aggravated identity theft.
If convicted, fraudulent use of access devices carries a maximum penalty of 10 years in prison and/or fines up to $250,000; mail fraud carries a maximum penalty of 20 years in prison and/or fines up to $250,000 and aggravated identity theft is a mandatory two years in prison consecutive to any other term of imprisonment. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the United States Postal Inspection Service. Assistant United States Attorney Tracy Berry is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Kratom Seized in California by United States Marshals ServiceRead the Press Release
LOS ANGELES - The U.S. Attorney’s Office for the Central District of California and the Federal Drug Administration (FDA) announced today that the United States Marshals Service seized more than 100 cases of products labeled as containing the dangerous and unapproved ingredient Kratom.
The products are distributed by Nature Therapeutics LLC, which does business as Kratom Therapy and is located in Grover Beach, California. The seized products are marketed under the brand name Kratom Therapy, and are worth approximately $150,000. The U.S. Attorney’s Office filed a civil forfeiture complaint in the U.S. District Court for the Central District of California, alleging that the seized Kratom products are unapproved new drugs and misbranded drugs under the Federal Food, Drug, and Cosmetic Act.
The FDA is warning consumers not to use any products labeled as containing the botanical substance Kratom. Mitragyna speciosa, commonly known as Kratom, grows naturally in Thailand, Malaysia, Indonesia and Papua New Guinea. Serious concerns exist regarding the toxicity of Kratom in multiple organ systems. Consumption of Kratom can lead to a number of health impacts including, respiratory depression, vomiting, nervousness, weight loss and constipation. Kratom has been indicated to have both narcotic and stimulant-like effects and withdrawal symptoms may include hostility, aggression, excessive tearing, aching of muscles and bones and jerky limb movements.
"Kratom is a drug that has very serious health effects on users,” said United States Attorney Eileen Decker. “We will continue to partner with the FDA to protect the public from the distribution of unapproved and mislabeled substances like Kratom.”
Prior to the complaint being filed, the FDA inspected the Grover Beach facility and also found that Nature Therapeutics’ website and social media sites included claims establishing that the company’s Kratom Therapy products are drugs because they are intended for use in the cure, mitigation, or treatment of various diseases. The FDA has not approved Nature Therapeutics’ products for any use. In addition, the complaint alleged that Nature Therapeutics’ products are also misbranded drugs because their labeling fails to provide adequate directions for use. The California Department of Public Health embargoed the products on behalf of the FDA.
“The FDA will continue to take aggressive enforcement action to safeguard the public from harmful drug products illegally marketed as treatments for which they have not been studied or approved,” said Melinda Plaisier, the FDA’s associate commissioner for regulatory affairs.
In February 2014, the FDA issued an import alert regarding the use of imported dietary supplements and bulk dietary ingredients that are, or contain, Kratom without a physical examination.
Health care professionals and consumers should report any adverse events related to products containing Kratom to the FDA’s MedWatch Adverse Event Reporting program. To file a report, use the MedWatch Online Voluntary Reporting Form. The completed form can be submitted online or via fax to 1-800-FDA-0178.
This case was handled in the United States Attorney’s office by Assistant United States Attorney Katie Schonbachler.
Justice Department Files Suit Against Harris County, Texas, over Polling Place Accessibility for Voters with DisabilitiesRead the Press Release
The Justice Department filed a complaint today in the Southern District of Texas alleging that Harris County, Texas, violated the Americans with Disabilities Act (ADA) by failing to provide accessible polling places for voters with disabilities. Many polling places in Harris County have architectural barriers – such as steep ramps and narrow doors – that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments.
“Like all voters, individuals with disabilities deserve the opportunity to vote at their local polling place – where they can greet neighbors, meet candidates and discuss the issues in their community,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “But many voters with disabilities in Harris County lack equal access to this basic and most fundamental right. Our lawsuit seeks to safeguard the right to vote and fulfill the ADA’s promise of equal opportunity for people with disabilities.”
“Access to voting for all eligible citizens is a priority in this district, partially evidenced by the recently created Civil – Civil Rights Section within our office,” said U.S. Attorney Kenneth Magidson of the Southern District of Texas. “This division civilly enforces federal civil rights laws including the Americans with Disabilities Act, among many others. We will continue to work with the Department of Justice and investigate and remedy such alleged violations to ensure all U.S. citizens are treated fairly and equally.”
The lawsuit seeks a court order that would require accessibility improvements to polling places in all future elections, training for poll workers to implement and maintain accessibility features at polling places as well as changes to the county’s polling place site selection process to ensure accessibility.
Title II of the ADA prohibits public entities, such as Harris County, from discriminating against people with disabilities in their programs, services and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. To read the department’s findings regarding Harris County’s polling places, see https://www.ada.gov/harris_county_lof.htm. To learn more about ADA requirements for polling place accessibility or about the ADA and other laws protecting the rights of voters with disabilities, visit www.ada.gov/ta-pubs-pg2.htm.
Those interested in finding out more about the ADA can call the department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA website at www.ada.gov.
Harris County Complaint
Justice Department Completes Review of ASCAP and BMI Consent Decrees, Proposing No Modifications at This TimeRead the Press Release
ASCAP and BMI Licenses Must Continue to Allow Music Users to Publicly Perform All Works Held by Each Organization
The Department of Justice announced today the conclusion of its investigation into proposed modifications to antitrust consent decrees binding the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI), determining that no modifications are warranted at this time. The investigation by the department’s Antitrust Division also confirmed that the consent decrees require each organization to offer “full-work” licenses that convey to radio stations, television stations, bars, restaurants, digital music services, and other music users the right to publicly perform, without risk of copyright infringement, all works in ASCAP’s and BMI’s repertories. The Antitrust Division explained the bases for its conclusions in a detailed statement available at https://www.justice.gov/atr/antitrust-consent-decree-review-ascap-and-bmi-2015.
The Antitrust Division opened its investigation in 2014 following requests by ASCAP and BMI that the Antitrust Division join them in proposing modifications to the court-ordered consent decrees. The Antitrust Division met and spoke with dozens of industry stakeholders on numerous occasions during the course of its investigation, and obtained the input of industry participants and members of the public through public comment solicitations in June 2014 and September 2015. The Antitrust Division considered the views of all of these stakeholders before reaching its conclusions.
ASCAP and BMI are performing rights organizations that license public performance rights in compositions held by their hundreds of thousands of songwriter and publisher members. Since 1941, when the United States originally brought civil antitrust lawsuits against ASCAP and BMI, both organizations have been subject to consent decrees, which are designed to prevent anticompetitive effects arising from their collective licensing of music performance rights. Both consent decrees have been amended periodically since their entry. The ASCAP consent decree was last amended in 2001 and the BMI consent decree was last amended in 1994.
Closing Statement
Investment Advisor Admits to Orchestrating $21M Dollar Ponzi Scheme, Using Client Funds to Purchase $2.5 Million Home, Failure to Pay TaxesRead the Press Release
PROVIDENCE, R.I. – Patrick E. Churchville, 47, of Barrington, R.I., owner and president of ClearPath Wealth Management, LLC, formerly located in Providence and Barrington, admitted in federal court in Providence today that he orchestrated a $21 million dollar Ponzi scheme, stole $2.5 million dollars of investors’ funds to purchase a waterfront home, and failed to pay more than $820,000 in personal federal income taxes.
Appearing before U.S. District Court Chief Judge William E. Smith, Churchville pleaded guilty as charged in an Information filed on July 5, 2016, to five counts of wire fraud and one count of tax fraud, announced United States Attorney Peter F. Neronha, Harold H. Shaw, Special Agent in Charge of the Boston Field Office of the FBI, and Joel P. Garland, Special Agent in Charge of IRS Criminal Investigation.
According to court documents and information presented to the court, an investigation by the FBI, IRS Criminal Investigation and the United States Attorney’s Office determined that in the spring of 2008 through October 2011, Churchville and ClearPath, on behalf of their client investors, invested approximately $18 million dollars in JER Receivables, an entity incorporated in Maryland. In June 2010, Churchville became aware that the investments with JER were no longer producing returns and that ClearPath had been subjected to fraudulent and misleading representations by the principals of JER. Churchville failed to notify his client investors that he had lost millions of dollars of invested funds.
According to court documents, in order to hide the fact that he had lost millions of dollars of client investor funds through his dealings with JER Receivables, and to continue to operate his business and reap his investment fees, Churchville misappropriated approximately $21 million dollars of investment money. To obtain the $21 million dollars, Churchville misused investor money already under his control and obtained new investor funds. He used this money to pay back the JER investors and told them, falsely, that the money was the return on their investments. To induce new investments to carry out the schemes, Churchville lied and told investors that ClearPath’s previous investments with JER Receivables had been successful and produced high rates of return.
Additionally, the investigation determined that in 2011, Churchville created a scheme to obtain $2.5 million dollars, using investors’ funds as collateral without their knowledge, to purchase a personal residence in Barrington. Churchville failed to report the $2.5 million dollars as income on his personal tax returns, resulting in a loss to the IRS of $820,528.
Churchville, who was ordered by the court to home detention with GPS electronic monitoring, is scheduled to be sentenced on October 25, 2016.
The case is being prosecuted by Assistant U.S. Attorney Dulce Donovan.
United States Attorney Peter F. Neronha acknowledges and thanks the United States Postal Inspection Service - Boston Division for their assistance in the investigation of this matter.
Patrick Churchville is also a defendant in a U.S. Securities and Exchange Commission civil matter.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. The President established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
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Indictment: KU Grad Student Made False Claims He Served as Translator for U.S. Army in IraqRead the Press Release
KANSAS CITY, KAN. - A University of Kansas graduate student was indicted Wednesday on charges of making false claims on an application for a visa that he had served as a translator for the U.S. Army in Iraq, Acting U.S. Attorney Tom Beall said today.
Goran Sabah Ghafour, 34, who has been living in Lawrence, Kan., is charged with one count of visa fraud and two counts of aggravated identity theft.
Ghafour initially was charged in a criminal complaint filed July 19 in federal court. The complaint alleged that while he was a graduate teaching assistant in the journalism department at KU he applied for an immigrant visa. He submitted an application under a special provision for former Iraqi nationals who worked for the U.S. military in Iraq. To support his application he submitted letters purporting to be from two brigadier generals verifying his service and supporting his application. Investigators later determined that the letters were fabricated by Ghafour and the two officers had not written or signed the letters.
If convicted, he faces a penalty of up to 10 years in federal prison and a fine up to $250,000 on the visa charge, and not less than two years consecutive to the other count on the identity theft charges. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
OTHER GRAND JURY INDICTMENTS
Joshua Grimm, 32, Leavenworth, Kan., is charged with one count of distributing child pornography. The indictment alleges he used instant messaging software to distribute images of child pornography. The crime is alleged to have occurred June 3, 2016, in Leavenworth County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.
Imon L. Wright, 34, Kansas City, Kan., is charged with one count of possession with intent to distribute marijuana, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred July 30, 2016, in Wyandotte County, Kan.
If convicted, he faces a penalty of up to 20 years in federal prison and a fine up to $1 million on the marijuana charge, not less than five years and a fine up to $250,000 on the first firearm charge, and up to 10 years and a fine up to $250,000 on the second firearm charge. The Bureau of Alcohol, Tobacco, Firearms and Tobacco investigated. Acting U.S. Attorney Tris Hunt is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indictment: Bank Employee in Great Bend Embezzled More Than $73,600Read the Press Release
KANSAS CITY, KAN. - A former employee of a bank in Great Bend was indicted Wednesday on a charge of embezzling more than $73,600, Acting U.S. Attorney Tom Beall said.
Kaden Herman, 19, Great Bend, Kan., is charged with one count of embezzlement by a bank employee.
The indictment alleges that in May 2016 Herman was working for Landmark National Bank in Great Bend when he embezzled more than $73,600 from the bank. If convicted, he faces a penalty of up to 30 years in federal prison and a fine up to $1 million. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
OTHER GRAND JURY INDICTMENTS
Richard Earl Talmage, 35, Wichita, Kan., is charged with failing to register as required by the federal Sex Offender Registration and Notification Act. The crime is alleged to have occurred from March 20, 2016, to July 15, 2016, in Sedgwick County, Kan.
If convicted, he faces a penalty of up to 10 years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Houston Woman Pleads Guilty in Methamphetamine-Trafficking ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LESLIE ANNETTE PECK, age 34, of Houston, Texas, pled guilty today to one count of conspiring to distribute and to possess with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine.
PECK faces a minimum term of imprisonment of 5 years, a maximum term of 40 years, and a fine of up to $5,000,000. U.S. District Judge Carl J. Barbier set sentencing for November 17, 2016.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, with assistance from the Terrebonne Parish Sheriff’s Office and Louisiana State Police in investigating this matter. Assistant U.S. Attorney Brandon S. Long is in charge of the prosecution.
Honduran National Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that YAIR ROCHEZ-MARTINEZ, age 37, a citizen of Honduras, pled guilty today to a one-count Indictment for illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, ROCHEZ-MARTINEZ was previously removed from the United States on December 27, 2013. He was later found in the Eastern District of Louisiana on May 22, 2016 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
ROCHEZ-MARTINEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Court Judge Lance M. Africk set sentencing for September 22, 2016.
U.S. Attorney Polite praised the work of the U.S. Immigration and Customs Enforcement Agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Fourth Chicago woman pleads guilty to credit card fraudRead the Press Release
CHARLESTON, W.Va. – A fourth Chicago woman pleaded guilty today to credit card fraud, announced United States Attorney Carol Casto. Crystal Merritt, 29, entered her guilty plea 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.
Merritt admitted that she, along with three other codefendants, Wynesha Wilson-Robinson, Christine Johnson, and Stephanie Stevenson, possessed over 100 counterfeit access devices. The four defendants drove from Chicago to West Virginia in an attempt 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.
Merritt face up to 10 years in federal prison and a $250,000 fine when she is sentenced on October 19, 2016.
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. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
The three other Chicago codefendants previously pleaded guilty to credit card fraud. Wilson-Robinson is scheduled to be sentenced on August 11, 2016. Johnson and Stevenson are scheduled to be sentenced on October 3, 2016.
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Former Teacher and Summer Camp Employee Arrested on Charges of Production and Distribution of Child PornographyRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man was arrested and charged today for producing and distributing images of child sexual abuse and enticing a minor to engage in criminal sexual activity, U.S. Attorney Paul J. Fishman announced.
Colin M. Skeele, 30, of Florham Park, New Jersey, was arrested by agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). He is charged by complaint with two counts of production of child pornography, one count of enticement of a minor to engage in criminal sexual activity, and one count of distribution of child pornography. Skeele appeared in before U.S. Magistrate Court Judge Joseph A. Dickson today and was detained without bail.
According to documents filed in this case and statements made in court:
Skeele worked as a counselor at a boys’ summer camp in Hardwick, New Jersey, and as a teacher at a parochial school located in Boonton, New Jersey, and a parochial school located in Stirling, New Jersey.
In 2011, Skeele became Facebook friends with an underage boy he met while working as a counselor at a summer camp. The investigation revealed Facebook messages between the boy and Skeele in which Skeele offered to pay him money to take sexually explicit photographs and send them to Skeele. In one instance, Skeele paid the boy $100 to send nude images of himself. Skeele later sent at least one pornographic image of that boy to another boy that had also attended the summer camp.
In February 2012, Skeele communicated online with individuals located in the Philippines to purchase live child sexual abuse shows, which Skeele viewed via an online video chat service. Instant messages obtained during the investigation revealed that Skeele used an online fund transfer service to purchase live child sexual abuse videos involving children as young as 1 year old.
Anyone with information regarding possible victims of this activity is urged to contact the Department of Homeland Security in Newark: 973-776-5500.
The two counts of producing child pornography each carry a mandatory minimum sentence of 15 years in prison, a maximum potential penalty of 30 years in prison and a $250,000 fine. The count of enticement of a minor to engage in criminal sexual activity carries a mandatory minimum sentence of 10 years in prison, a maximum potential penalty of life in prison and a $250,000 fine. The charge of distributing child pornography carries a mandatory minimum sentence of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the ICE-HSI, under the direction of Special Agent in Charge Terrence S. Opiola, with the investigation leading to today’s charges and arrest.
The government is represented by Assistant U.S. Attorney Jonathan M. Peck of the U.S. Attorney’s Criminal Division.
The charges and allegations in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Defense counsel: Anthony P. Alfano Esq., Lyndhurst, New Jersey
Former ICE HSI Employee Faces up to 10 Years in Federal Prison After Pleading Guilty to Theft of Government PropertyRead the Press Release
DALLAS — Dwight Horton, 51, a former Mission Support Specialist (MSS) with U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) in Dallas, appeared in federal court this morning before U.S. Magistrate Judge Renée Harris Toliver and pleaded guilty to a felony Information charging one count of theft of government property, announced U.S. Attorney John Parker of the Northern District of Texas.
Horton, a resident of Grand Prairie, Texas, faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. According to the plea agreement filed in the case, Horton agrees to pay $35,000 restitution to HSI. He will remain on bond pending sentencing, which is set for November 16, 2016, before U.S. District Judge Ed Kinkeade.
“There’s no doubt that the vast majority of federal government employees are good stewards of the taxpayers’ money,” said Charles Anderson, special agent in charge, ICE, Office of Professional Responsibility in San Antonio. “This internal investigation and resulting guilty plea, however, show there will be consequences to those very few who cheat the system by unlawfully lining their own pockets.”
According to documents filed in the case, the investigation began in September 2014 when ICE, Office of Professional Responsibility in Houston received a referral from HSI Dallas indicating that MSS Horton had used a government fleet charge card to purchase automotive supplies without authorization for personal gain.
The investigation revealed that on several occasions, Horton used his government fleet charge card to purchase a set of four tires from at least two tire stores in Dallas, and on each of those occasions, he took the tires with him rather than having them installed on a vehicle. The HSI Dallas facility does not have a maintenance area/shop for mechanics to install tires on fleet vehicles.
The investigation further revealed that Horton used his government fleet charge card to purchase window tint. He also used it to purchase gas at a Tom Thumb in Grand Prairie for his personally-owned vehicles.
Horton resigned his position at HSI Dallas on October 14, 2014.
The case was investigated by agents with ICE, Office of Professional Responsibility in Houston. Assistant U.S. Attorney Aaron Wiley is in charge of the prosecution.
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Former Bernalillo County Firefighter Sentenced to Prison for Federal Child Pornography ConvictionRead the Press Release
ALBUQUERQUE – Patrick M. Lopez, 48, of Albuquerque, N.M., was sentenced today in federal court to 18 months in prison followed by ten years of supervised release for his conviction on child pornography charges. Lopez also was ordered to pay a $3,000 fine. He will be required to register as a sex offender after he completes his prison sentence.
Lopez was arrested in July 2015, on a criminal complaint charging him with possession of visual depictions of minors engaged in sexually explicit conduct. At the time of his arrest, Lopez was employed as a paramedic/firefighter with the Bernalillo County Fire Department.
The charges against Lopez arose from an investigation by the FBI and the Bernalillo County Sheriff’s Office (BCSO). On July 10, 2015, the FBI and BCSO executed a federal search warrant at Lopez’s residence. During the search, forensic examiners found a laptop computer that contained videos consistent with child pornography.
On Jan. 19, 2016, Lopez pled guilty to a felony information charging him with possession of child pornography without the benefit of a plea agreement. According to the information, Lopez possessed the child pornography in Bernalillo County, N.M., between Jan. 19, 2015 and July 10, 2015.
This case was investigated by the Albuquerque office of the FBI and BCSO, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case was prosecuted by Assistant U.S. Attorney Shammara H. Henderson as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former Baptist Church Pastor Sentenced for Child Exploitation ViolationsRead the Press Release
TYLER, Texas — A 33-year-old former preacher at the Lake Highlands Baptist Church in Sulphur Springs, Texas has been sentenced for child exploitation offenses in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Chad Calhoun, of Longview, Texas, was convicted by a federal jury on Dec. 10, 2015 for receiving and possessing child pornography and was sentenced to 135 months in federal prison by U.S. District Judge Michael H. Schneider on Aug. 3, 2016. Upon his release from custody, Calhoun will serve a term of supervised release of 10 years and will be required to register as a sex offender.
According to the evidence introduced at trial, in June 2014, an investigator with the Hopkins County Sheriff’s Office observed an individual making child pornography available on a peer-to-peer file sharing program. The computer user tracked back to Calhoun’s house in Sulphur Springs. During trial, law enforcement introduced evidence showing that child pornography was made available for distribution on the peer-to-peer network from Calhoun’s residence and from the Lake Highlands Baptist Church, where he was the pastor, for more than a year prior to this investigation. Members of law enforcement also testified about the forensic evidence located on a laptop seized from Calhoun, including hundreds of videos of child pornography that had been stored in various folders.
This case was prosecuted 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.
This case was investigated by Homeland Security Investigations (HSI) and the Hopkins County Sheriff’s Office and prosecuted by Assistant U.S. Attorneys Marisa Miller and Jim Noble.
Florida Man Found Guilty of Filing Fraudulent Tax Returns with the IRS Claiming Nearly $470,000 in False Tax RefundsRead the Press Release
LOS ANGELES – A Florida man accused of filing false and fraudulent tax returns with the Internal Revenue Service claiming nearly $470,000 in fictitious tax refunds and then attempting to file false liens and encumbrances in retaliation against IRS employees for not paying his tax refund claims has been found guilty by a federal jury in Los Angeles.
Taquan Gullett, who also goes by Maalik Rashe El, 38, of Jacksonville, Florida, was convicted this afternoon in United States District Court. The jury deliberated for two hours before finding Gullett guilty of two counts of making false claims against the United States government and two counts of retaliation against a federal employee or official by attempting to file a false lien or encumbrance.
“Unsatisfied with fraudulently submitting a false tax refund claim for 2009, this defendant doubled down by filing a second fraudulent return for 2010 and by retaliating against the IRS employees who properly rejected his false returns,” said United States Attorney Eileen M. Decker. “As today's jury verdicts reinforce, everyone has an obligation to report their income accurately to the IRS. Furthermore, it is unlawful to retaliate against IRS employees who are simply doing their job, and our office will take such actions seriously and prosecute such behavior to the fullest extent of the law.”
The evidence presented at trial showed that in March, 2010, Gullett filed a 2009 income tax return with the IRS. On that return, Gullett, an exercise physiologist who holds a Master’s degree in Kinesiology, reported that he earned $52,591 in wages, and falsely represented that he generated $221,306 in interest income from three financial institutions. Gullett further represented that the federal tax withheld from his earnings and interest income totaled $221,687, and that he was therefore due a tax refund of $149,296. Gullett requested that the refund be paid via electronic transfer to his personal checking account.
“The belief that you can make up your own rules and file bogus tax returns to get the government to pay you money to which you are not entitled isn’t just wrong, it’s criminal,” stated IRS Criminal Investigation’s Acting Special Agent in Charge Anthony J. Orlando. “Today’s guilty verdict proves that people who file false claims will be held accountable for their deceit. It further demonstrates that the IRS, TIGTA and the U.S. Attorney’s Office are duty bound to protect the integrity of the U.S. tax administration system, and to make sure everyone complies with the nation’s tax laws.”
Once the Internal Revenue Service determined Gullet’s 2009 tax return was frivolous and denied his claim for refund, Gullett retaliated by filing false documents with the California Secretary of State claiming that certain IRS officials and employees were indebted to him. One document was styled as a “commercial lien.” In the purported lien, Gullett falsely asserted that two IRS employees owed him over $20 million for his “lawful 2009 claim refund,” for “hindering, impeding, obstruction and/or delaying” his rights, and for “harassment, coercion defrauding, and/or defamation.”
Not deterred by the IRS notifying him that his 2009 tax return and refund claim was frivolous, Gullett attempted the same scheme again in 2011 by filing a fraudulent 2010 tax return. The 2010 tax return claimed a fraudulent tax refund of $320,336. Ultimately, Gullett’s 2010 tax return was also deemed frivolous by the IRS, and a frivolous return penalty was assessed.
“When individuals file fraudulent liens against IRS employees and public officials in retaliation for doing their jobs and in an attempt to intimidate IRS employees, this illegal conduct will not be tolerated. TIGTA and our partners at IRS CI will work to ensure these individuals are prosecuted to the fullest extent of the law”, stated Rod Ammari, Special Agent in Charge, Treasury Inspector General for Tax Administration.
Gullett is scheduled to be sentenced by United States District Judge Christine A. Snyder on November 14, 2016. At sentencing, Gullett faces a statutory maximum sentence of 30 years in federal prison and fines totaling $1,000,000.
The case against Gullett was investigated by IRS Criminal Investigation and the Treasury Inspector General for Tax Administration and prosecuted by Assistant United States Attorneys Julian Andre and Paul Stern.
Five Individuals Plead Guilty to International Drug Trafficking and Money Laundering ChargesRead the Press Release
SAN JUAN, P.R. –Lawrence Anderson Fonseca, Sharon Rodríguez-Rosario, and Terrence Edwards entered guilty pleas in an international drug smuggling case before United States District Court Judge Jay A. García-Gregory. These guilty pleas finalized an international drug trafficking investigation and prosecution by the U.S. Immigration & Customs Enforcement's Homeland Security Investigations and the United States Attorney’s Office for the District of Puerto Rico, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico.
Lawrence Anderson Fonseca, a.k.a. “Sinbad,” a British national resident of Tortola; Peter Lev, a Dutch national; Sharon Rodríguez-Rosario, a US citizen resident of Puerto Rico; and Justin Jeremiah Gumbs and Terrence Edwards, US citizens residing in California, were charged on July 16, 2014. The charges were based on their involvement in a conspiracy to import cocaine into the United States through contacts and connections in the British Virgin Islands, the Dominican Republic, and St. Thomas; and money laundering to promote this drug smuggling venture.
Lawrence Fonseca and Terrence Edwards pled guilty to the conspiracy to import 30 kilograms of cocaine into the United States on Monday, August 1st, 2016, while Justin Jeremiah Gumbs pled guilty to the same count on July 7, 2016. These defendants are exposed to a term of imprisonment of not less than 10 years and up to life in prison for the drug trafficking conspiracy. These defendants admitted to transferring $45,000 through various means to finance the international drug smuggling venture.
Co-defendants Peter Lev and Sharon Rodríguez-Rosario plead guilty to money laundering to promote a drug trafficking crime on May 23 and August 1, 2016, respectively. These codefendants are exposed to a maximum term of imprisonment of 20 years for their money laundering activities.
Peter Lev admitted to receiving money transfers through Western Union in furtherance of the drug trafficking activities while Sharon Rodríguez-Rosario admitted to receiving a $35,000 swift transfer into her daughter’s bank account in furtherance of the international drug smuggling venture organized by Lawrence Anderson Fonseca, her husband.
The case was prosecuted by Assistant United States Attorneys Dennise N. Longo Quiñones and Stuart Zander.
Federal Grand Jury Criminal Indictments AnnouncedRead the Press Release
TULSA, Okla.— The results of the August 2016 Federal Grand Jury were announced today by Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged federal crimes which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Walter Brown Ewing. Possession of Methamphetamine with Intent to Distribute. Ewing, 39, of Tulsa, is charged with possession of methamphetamine with intent to distribute. If convicted, the statutory maximum penalty is 20 years in prison and a $1,000,000 fine. The Tulsa Police Department and the Tulsa County Sheriff’s Office are investigating the case.
Gilberto Montelongo Ramirez and Miriam Diaz Ramirez. Passport Fraud and Aggravated Identity Theft. Gilberto Ramirez, 47, and Miriam Ramirez, 42, both of Broken Arrow, are each charged with making a false statement in a passport application. In addition, Gilberto Ramirez is charged with aggravated identity theft. If convicted, each will face the statutory maximum penalty of 10 years in prison and a $250,000 fine. Gilberto Ramirez will also face the statutory maximum penalty of two years in prison and a $250,000 fine for the aggravated identity theft charge. The United States Department of State Bureau of Diplomatic Security is the investigating agency.
William Sikes and Ernesto Garza Trevino. Drug Conspiracy, Possession with Intent to Distribute Methamphetamine, and Carrying a Firearm During and in Relation to Drug Trafficking Crimes. Sikes, 29, and Trevino, 54, both of Tulsa, are each charged with conspiring to possess with intent to distribute 500 grams or more of methamphetamine; possession of methamphetamine with intent to distribute; and carrying a Ruger .32 caliber pistol during and in relation to drug trafficking crimes. If convicted, the statutory minimum penalty is 10 years and up to life in prison and a $10,000,000 fine for the drug conspiracy and possession with intent to distribute methamphetamine charges; and a statutory minimum penalty of five years in prison and a $250,000 for the carrying a firearm during and in relation to drug trafficking crimes charge. In addition to the prison sentence, the defendants face a criminal forfeiture money judgment representing facilitating property and money the defendants used to purchase the methamphetamine and proceeds obtained as a result of the drug conspiracy. The Drug Enforcement Administration, the Tulsa Police Department, and the Oklahoma Highway Patrol are the investigating agencies.
East Texans Arrested on Federal ViolationsRead the Press Release
TYLER, Texas - U.S. Attorney John M. Bales announced today that five individuals have been arrested following a lengthy investigation into drug trafficking in the Eastern District of Texas.
On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.
The operation resulted in the arrest of five defendants named in a 13-count indictment returned by a federal grand jury on Aug. 3, 2016. According to the indictment, from at least April 2013, the defendants, who are all related, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Those arrested and named in the indictment are:
Saleem Jaffer Jiwani, 58, of Tyler;
Adeel Uz Zaman Khan, 30, of Carrollton;
Nadia Farishta, 53, of Dallas;
Sharjeel Jeff Ali, 28, of Dallas; and
Nimrose Khan, 32, of Carrollton.Over $250,000 in cash and in excess of 6,000 packages of synthetic drugs were recovered during today’s law enforcement operations.
If convicted, the defendants face as much as 20 years in federal prison.
This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Eagle Butte Man Acquitted of Sex Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse of a Person Incapable of Consenting as a result of a federal jury trial in Pierre, South Dakota, beginning August 2, 2016, and concluding on August 4, 2016.
Lloyd Red Horse, age 33, was indicted by a federal grand jury on April 13, 2016.
The charges stemmed from an alleged incident that occurred in October 2015.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.
District Men Sentenced to Prison Terms on Charges Stemming from Murder of Man During Noontime RobberyRead the Press Release
WASHINGTON – Tavon Pinkney, 20, William Bass, 18, and Kalif Brown, 23, all of Washington, D.C., were sentenced today to prison terms on charges stemming from the shooting death of a man in Northeast Washington, U.S. Attorney Channing D. Phillips announced.
The three men pled guilty to charges in April 2016 in the Superior Court of the District of Columbia. The pleas were contingent upon the Court’s approval. The plea agreements called for a 17-year sentence for Pinkney for second-degree murder while armed and a five-year prison term for Brown for robbery. The third plea agreement called for Bass to be sentenced to a term within the District of Columbia Voluntary Sentencing Guidelines for assault with intent to rob while armed. The Honorable Robert E. Morin accepted the pleas today and sentenced the defendants accordingly; Bass was sentenced to a 5 ½-year prison term. Following their prison terms, all three defendants will be placed on periods of supervised release.
According to the government’s evidence, just before noon on February 16, 2015, the defendants were driven to the 300 block of 61st Street NE for purposes of conducting a PCP transaction with the victim, Rico Myers, 25, and his friend. Once there, the defendants entered an alley and Pinkney pulled a gun, demanding the victim’s possessions.
Bass began going through Mr. Myers’s pockets, while Brown robbed Mr. Myers’s friend. Mr. Myers began struggling to defend himself and Pinkney then shot him four times. The defendants ran to the waiting car on 61st Street NE, which then drove off.
Mr. Myers ran out of the alley and collapsed on a sidewalk in the 300 block of 61st Street NE. He was taken to a hospital, where all efforts to save his life were unsuccessful. An autopsy performed by the Maryland Office of the Chief Medical Examiner determined the cause of death to be multiple gunshot wounds and the manner of death to be homicide.
In announcing the sentences, U.S. Attorney Phillips commended the work of the detectives of the Criminal Investigations Division, Homicide Branch, crime scene officers, and the Sixth Police District of the Metropolitan Police Department, as well as Special Agent Benjamin Inman of the FBI’s Cellular Analysis Survey Team. He also expressed appreciation for the work of the D.C. Department of Fire and Emergency Medical Services and the Maryland Office of the Chief Medical Examiner. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Diana Lim, Victim/Witness Security Specialist M. Laverne Forrest, and Paralegal Specialist Lashone Samuels. Finally, he praised the work of Assistant U.S. Attorney Michael Spence, who investigated and prosecuted the case.
Columbia Tax Preparer Pleads Guilty to Fraud Scheme, Failure to Pay TaxesRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Columbia, Mo., tax preparer has pleaded guilty in federal court to defrauding his clients and failing to pay his personal income taxes, which totaled nearly $300,000.
David Lee Keithley, 63, of Columbia, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth on Tuesday, Aug. 2, 2016, to an information that charges him with one count of assisting in the filing of a false income tax return and one count of failing to file an income tax return.
Keithley owned and operated Keithley and Associates, offering tax preparation and payroll tax services in Columbia. Keithley was hired by his clients to prepare the proper tax returns as well as make the tax deposits to the government. After accepting funds from his clients, however, Keithley failed to make the clients’ tax deposits to the government. Instead, Keithley admitted today, he used the money for his own personal benefit. When clients contacted Keithley after receiving letters from the IRS indicating these returns had not been filed or taxes had not been paid, he told his clients he would contact the IRS to correct it. The total amount of these misappropriated funds is $120,354.
Keithley also admitted that he willfully failed to file federal income tax returns for tax years 2009 through 2013. The total amount of tax owed by Keithley to the IRS for those years is $148,423. In addition, Keithley owes the state of Missouri $22,264 for state income taxes due for the years 2009-2013.
The total loss caused by Keithley’s criminal conduct is $291,041.
Under federal statutes, Keithley is subject to a sentence of up to four years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by IRS-Criminal Investigation.
Cleveland Man Sentenced to 15 Years in Prison for Transporting Minors to California to Engage in Commercial Sex ActsRead the Press Release
SACRAMENTO, Calif. —Jarrail Lamont Smith, 24, of Cleveland, Ohio, was sentenced today by United States District Judge Troy L. Nunley to 15 years in prison on two counts of interstate transportation of a minor for the purpose of prostitution, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, in August 2015, Smith traveled from Cleveland to California with two minor victims with the expectation that they would engage in commercial sex acts with others for his benefit. Once they arrived in Northern California, he directed them to post advertisements for sexual services online. The investigation revealed multiple advertisements posted in the Bay Area and Sacramento that featured photographs of both victims. After receiving a tip that one of the minors was being trafficked at a motel in Sacramento, the FBI’s Child Exploitation Task Force initiated a sting operation to recover her. The operation was successful, and agents found the other minor victim in the same hotel room. One of the minors had two black eyes when the task force located her.
“Sex trafficking of minors is a horrendous crime, and we will not sit idle while criminals take advantage of our nation’s youth,” said FBI Assistant Special Agent in Charge Manuel Alvarez. “This case highlights the commitment of our FBI Child Exploitation Task Force partners to combat this crime problem.”
This case was the product of an investigation by the FBI’s Child Exploitation Task Force, which is made up of FBI agents and detectives from the Sacramento Police Department and Roseville Police Department. Assistant United States Attorneys Michele Beckwith and Nirav Desai prosecuted the case.
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
Chubbuck Woman Pleads Guilty to Social Security FraudRead the Press Release
POCATELLO - Jeanna Jimenez, 45, of Chubbuck, Idaho, pleaded guilty yesterday to social security fraud, U.S. Attorney Wendy J. Olson announced. Jimenez was indicted by a federal grand jury in Boise on August 11, 2015.
According to the plea agreement, Jimenez was the representative payee for three of her children’s Supplement Security Income benefits. As such, she agreed to spend the benefits on the beneficiaries, her children, and conserve any unused funds on their behalf. From in and about November 2013 and continuing through in and about April 2014, the three children were removed from the defendant’s care and remained in the custody of the State of Idaho. During that time, Jimenez received a total of $12,912 in benefits that she spent.
Social security fraud in violation of 42 U.S.C. § 1307(a) is punishable by up to one year in jail, a maximum fine of $100,000, up to one year of supervised release, and up to five years of probation.
Sentencing is set for October 12, 2016, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Pocatello.
The case was investigated by the Social Security Administration Office of Inspector General with help from the Chubbuck Police Department. The case was prosecuted by a Special Assistant U.S. Attorney as part of a partnership venture between the Social Security Administration Office of General Counsel and the United States Attorney’s Office to prosecute social security fraud.
Child Pornography Charges Filed Against Houma ManRead the Press Release
U.S. Attorney Kenneth A. Polite announced that REHER MORRIS, age 28, of Houma, was indicted today for crimes involving the sexual exploitation of children.
According to today’s Indictment, beginning at an unknown time to on or about December 8, 2015, MORRIS knowingly downloaded and received images and videos depicting the sexual victimization of minors.
If convicted, MORRIS faces a mandatory minimum sentence of not less than five years and a maximum sentence of up to twenty years imprisonment, followed by up to a lifetime term of supervised release, and a $250,000 fine.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
U.S. Attorney Polite praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, the Terrebonne Parish Sheriff’s Office, and the Louisiana Bureau of Investigations’ Cyber Crime Unit in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Charleston man pleads guilty to Federal escape and heroin chargesRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to separate charges of escape and possession with intent to distribute heroin, announced United States Attorney Carol Casto. Brandon Christopher Solomon, 21, originally from Detroit, entered his guilty plea to a two-count indictment.
Solomon admitted that in December 2015, he escaped from a halfway house in St. Albans. Solomon was at the halfway house finishing a sentence for violating his federal supervised release from a prior drug conviction. Solomon’s whereabouts were unknown for several months until April 28, 2016, when officers with the Metropolitan Drug Enforcement Network Team located him while executing a search warrant on Daniel Boone Drive in Charleston. Solomon was arrested on the outstanding escape warrant, and when he was searched, officers located six baggies of heroin and cash in his pocket.
Solomon faces up to 25 years in federal prison when he is sentenced on October 27, 2016.
The United States Marshals Service and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Haley Bunn is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This prosecution was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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