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29 August 2016
Methamphetamine Conspirator SentencedRead the Press Release
ABINGDON, VIRGINIA – Another member of a methamphetamine conspiracy that trafficked large quantities of the drug from Atlanta to Southwest, Virginia, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, United States Attorney John P. Fishwick Jr. announced.
Jeremy Bartley, 27, of Bristol, Tennessee, previously pled guilty to one count of conspiring to distribute methamphetamine. Today in District Court, Bartley was sentenced to 180 months in federal prison. Donna Jenkins, 64, of Abingdon, Virginia, who previously pled guilty to one count of misprision of a felony, was sentenced today to two years of probation and a fine of $5,000.
“This conspiracy brought large amounts of methamphetamine into SW Virginia, profiting from the addiction of others,” United States Attorney Fishwick said today. ““We will continue to work with our partners in law enforcement to dismantle large, wide-ranging distribution conspiracies like the one this defendant was involved with.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary, Bartley was part of a methamphetamine conspiracy that transported and distributed multiple pounds of crystal methamphetamine between Atlanta, Georgia, Northeast Tennessee and Southwest Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bristol, Virginia Police Department, the Bristol, Tennessee Police Department, the Abingdon Police Department and the Washington County Sheriff’s Office. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Member of Newark, New Jersey, ‘South Side Cartel’ Gang Pleads Guilty to Racketeering, Carjacking, Robbery and Drug ChargesRead the Press Release
A Newark, New Jersey, man pleaded guilty today to his role in a violent and long-running racketeering conspiracy perpetuated by the “South Side Cartel,” a set of the Bloods street gang based in Newark, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Paul J. Fishman of the District of New Jersey.
Malik Lowery, aka Leek, 35, pleaded guilty before U.S. District Judge Esther Salas in the District of New Jersey to multiple counts of a second superseding indictment charging him with racketeering, racketeering conspiracy, carjacking, robbery affecting interstate commerce and conspiracy to distribute, and to possess with intent to distribute, one kilogram or more of heroin and 280 grams or more of crack cocaine. Lowery is scheduled to be sentenced on Dec. 6, 2016.
In pleading guilty to the racketeering charges, Lowery admitted that he was involved in the murder of a South Side Cartel member on Oct. 20, 2007; committing an armed carjacking with fellow South Side Cartel members on Jan. 3, 2008; and robbing a drug dealer on Feb. 3, 2008, among other acts.
The South Side Cartel was once known among law enforcement and the FBI as the most violent street gang operating in Newark, committing numerous murders, shootings, robberies and other violent acts in furtherance of the enterprise. The gang is a subset of the Bloods street gang that has operated primarily from two apartment buildings, dubbed the “Twin Towers,” located on Hawthorne Avenue in Newark. Local law enforcement has made repeated narcotics and gun-related arrests at these buildings from 2002 to 2010. Many of the South Side Cartel members have tattoos depicting these buildings and the gang’s initials. At its peak, the South Side Cartel had about 20 members or associates, many of whom have since been killed in gang-related murders or are serving prison sentences for gang-related crimes.
Lowery and his co-defendants, Mark Williams, aka B.G., and Farad Roland, aka B.U., represent the last of the gang’s active members. On Aug. 10, 2016, Williams pleaded guilty to racketeering and related charges before Judge Salas. Roland is scheduled to begin trial in September 2017 on five murder charges.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Newark Division, Newark Police Department and Essex County Prosecutor’s Office investigated the case. Trial Attorney Robert Feitel of the Criminal Division’s Capital Case Section and Assistant U.S. Attorneys Robert Frazer and Courtney Howard of the District of New Jersey’s Organized Crime/Gangs Unit in Newark are prosecuting the case.
Member of Newark’s ‘South Side Cartel’ Gang Pleads Guilty to Racketeering, Carjacking, Robbery and Drug ChargesRead the Press Release
NEWARK, N.J. – A Newark man today admitted his role in a violent and long-running racketeering conspiracy perpetuated by the “South Side Cartel,” a set of the Bloods Street gang based in Newark, New Jersey U.S. Attorney Paul J. Fishman and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division announced.
Malik Lowery, a/k/a “Leek,” 35, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to multiple counts of a second superseding indictment charging him with racketeering, racketeering conspiracy, carjacking, Hobbs Act Robbery and conspiracy to distribute, and to possess with intent to distribute, one kilogram or more of heroin and 280 grams or more of crack cocaine.
According to documents filed in this case and statements made in court:
As part of the racketeering charges, Lowery admitted his role in the Oct. 20, 2007, murder of a member of the South Side Cartel that took place on Bragaw Avenue in Newark. Lowery also admitted to committing an armed carjacking with fellow South Side Cartel members on January 3, 2008, and to the robbery of a drug dealer on Feb. 3, 2008, among other acts.
Originally a neighborhood-based gang whose main activities were selling drugs and committing violent acts to aid the drug trafficking business, many of the gang's members were officially brought into the Bloods gang in 2002 and 2003. The gang’s center of activities were apartments located inside buildings dubbed “the Twin Towers,” located at 496-500 Hawthorne Avenue, the location of repeated narcotics and gun arrests by local law enforcement between 2002 and 2010. Many of the South Side Cartel members had tattoos showing these buildings and the logo of “SSC” representing the gang’s initials.
At its peak, the South Side Cartel had about 20 members or associates, many of whom have since been killed in gang-related murders or who are serving prison sentences in state and federal prisons for gang-related crimes. Lowery and his co-defendants, Mark Williams, a/k/a “B.G.” and Farad Roland, a/k/a “B.U.” represent the last of the gang’s active members. Co-founded by Amin Roland and Farad Roland between 2003 and 2010, the South Side Cartel was generally known among law enforcement and the FBI as the most violent street gang operating in Newark, committing numerous murders, shootings, robberies and other violent acts in furtherance of the enterprise.
Lowery faces a sentence of 25 to 30 years in federal prison, according to the terms of the plea agreement. Sentencing is scheduled for Dec. 6, 2016.
On Aug. 10, 2016, Williams pleaded guilty to racketeering and related charges. The criminal case against Roland is pending before Judge Salas, who has scheduled the trial for September 2017. Roland is charged with five death-penalty eligible murders. On Feb. 9, 2015, the Government announced in court that then-U.S. Attorney General Eric Holder had authorized and directed that the death penalty be sought against Roland.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; police officers and detectives of the Newark Department of Public Safety, under the direction of Director Anthony A. Ambrose; and prosecutors and detectives of the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Carolyn A. Murray, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Robert Frazer and Courtney Howard of the Organized Crime/Gangs Unit in Newark, and Trial Attorney Robert Feitel of the Criminal Division’s Capital Case Section.
Defense counsel: John Azzarello Esq., Morristown, New Jersey, Anthony Ricco, New York, New York
Martinsburg man sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Matthew Dylan Harrison, 26, of Martinsburg, West Virginia, was sentenced today to 18 months in prison for distributing heroin, United States Attorney William J. Ihlenfeld, II, announced.
Harrison pled guilty in May 2016 to one count of “Distribution of Heroin.”
Special Assistant United States Attorney Stephanie Taylor, also of the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Longshoreman Pleads Guilty to Labor ViolationRead the Press Release
BROWNSVILLE, Texas – The former president of the International Longshoreman’s Association (ILA) Local 1544 has been convicted of failing to maintain labor union records, announced U.S. Attorney Kenneth Magidson. Roberto Gracia Jr., 63, of Brownsville, entered a guilty plea today.
The Local 1544 is a labor organization representing clerks and checkers at the Port of Brownsville. ILAs are required to report spending of union funds in order to maintain transparency within the organization. During Gracia’s tenure as president of Local 1544, he failed to keep records detailing the use of the union funds, causing unaccounted for union monies totaling $3,478.30.
Gracia was president of Local 1544 in 2012 and 2013. In that role, he was required to maintain the financial records of Local 1544 as required by the U.S. Department of Labor (DOL). The requirements include keeping all the receipts for expenditures to account for all funds and their disbursement for the business purposes of Local 1544. However, in the Labor Organization Annual Financial Report (LM-4) Gracia signed and filed on July 1, 2013, he failed to maintain the required records. This lack of records keeping lead to the loss of $3,478.30 to Local 1544.
As part of the plea today, the court also heard that Gracia had also been president of ILA’s Local 1395 from 2006-2007. During that tenure, he also failed to maintain the required union records with a loss to the Union of $26,354.
U.S. Magistrate Judge Ronald Morgan accepted the plea today and ordered Gracia serve five years of probation. He has also paid full restitution to both Local 1544 and Local 1395.
As a result of the conviction, Gracia will be unable to hold any ILA office position.
The DOL's Office of Labor-Management Standards’ Dallas-New Orleans District Office conducted the investigation. Assistant U.S. Attorney Karen Betancourt prosecuted the case.
Leader Sentenced to over 7 Years in Federal Prison for Fraudulently Obtaining over $1.4 Million in Unemployment BenefitsRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Diameter Akala, age 43, of Silver Spring, Maryland, Washington, D.C. and New York, today, to 90 months in federal prison, followed by three years of supervised release, for fraudulently obtaining over $1.4 million in unemployment benefits. Judge Hollander also ordered that Akala pay $1,468,463.80 in restitution, approximately the amount obtained in unemployment benefits.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Robin Blake, of the Washington Regional Office, U.S. Department of Labor - Office of Inspector General; and Postal Inspector in Charge Terrence P. McKeown of the U.S. Postal Inspection Service - Washington Division.
“Today's sentencing sends a clear message that there are serious consequences for those who conspire to defraud the U.S. Department of Labor's Unemployment Insurance program. The Office of Inspector General remains committed to working with our law enforcement and state workforce agency partners to aggressively pursue those who exploit the Unemployment Insurance program by fraudulently obtaining funds intended for vulnerable American workers truly in need of unemployment benefits,” stated Robin Blake, Special Agent in Charge, U.S. Department of Labor, Office of Inspector General.
“Government agencies and millions of Americans depend on the security and reliability of the US Postal Service for the processing and distribution of their government benefits. When criminals misuse the US Mail to steal those benefits, Postal Inspectors are there to protect the mail, the programs, and the public from this type of fraud,” stated Terrence P. McKeown, Postal Inspector in Charge of the U.S. Postal Inspection Service - Washington Division.
According to his plea agreement, from 2012 to 2015, Akala and his co-conspirators caused the Maryland Department of Labor, Licensing and Regulation (DLLR) and the Pennsylvania Department of Labor and Industry (DLI), which administered the unemployment insurance benefit programs in their respective states, to issue fraudulent unemployment benefits in the names of individuals by submitting false applications for monetary benefits. Akala enlisted his friends and family members to join him in the scheme.
Members of the conspiracy obtained the personally identifying information (PII) of individuals, including Maryland residents. Akala filed false documentation with DLLR and DLI in the names of fictitious companies, falsely stating that the fictitious companies employed and paid wages to actual individuals. In fact, no unemployment insurance taxes were ever paid to DLLR or DLI in the names of the fictitious companies. Akala, electronically and by phone, filed claims in Maryland and Pennsylvania for unemployment benefits in his own name and the names of other individuals, falsely claiming that they previously worked for those fictitious companies. Akala used the PII of individuals who had given permission to have their information used, as well as many who did not. Akala offered money to co-conspirators in exchange for PII.
Akala and other members of the conspiracy used residential mailing addresses of co-conspirators in Maryland, New York, the District of Columbia, Pennsylvania and Virginia to register and receive correspondence for the fictitious companies, and apply for and receive unemployment benefits in the form of prepaid debit cards. In exchange for the use of their addresses, the co-conspirators received funds obtained through the fraud, typically a fraudulently obtained prepaid debit card.
Co-conspirators Wilfred Mendez, Ferny Alexander Moreno Puente, Wilfredo Torres, his half-brother, Eric Gonzalez, co-conspirators Tawana McClain, Yaw Bempa-Boateng, and Carmen Benitez agreed to have Akala file fraudulent unemployment claims in their names. Mendez, his mother Dulce Oleo, Moreno Puente and Torres also provided the personal identification information and/or addresses of other individuals to file additional false claims in the names of those individuals, and others. The co-conspirators used the fraudulently obtained unemployment benefits prepaid debit cards that were mailed directly to them or provided to them by Akala, at ATMs or stores in order to withdraw and use the funds. Some of the cards were in their names, but some of the cards were in the names of other individuals. Generally, the conspirators kept a portion of the fraudulently obtained funds for themselves and provided the remainder to Akala. The members of the conspiracy regularly contacted DLLR and DLI, falsely representing themselves either to be a representative of one of the fictitious companies or an individual entitled to unemployment benefits. Akala moved between states to retrieve correspondence addressed to fictitious companies and individuals, including prepaid debit cards issued by DLLR and DLI.
Judge Hollander previously sentenced co-conspirators: Wilfred Mendez, age 21, of Bronx, New York; Ferny Alexander Moreno Puente, age 26, of Gaithersburg, Maryland; Yaw Bempa-Boateng, age 35, of Silver Spring, Maryland; Wilfredo Torres, age 36, of Alexandria, Virginia; Carmen Benitez, age 29, of Scranton, Pennsylvania; Dulce Oleo, age 39, of the Bronx, New York; Tawana McClain, age 51, of Washington, D.C.; and Eric Gonzalez, age 34, of Alexandria, Virginia, to between 33 months and a year and a day in prison.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the Department of Labor – OIG and U.S. Postal Inspection Service for their work in the investigation, and praised the Maryland Department of Labor, Licensing and Regulation and the Pennsylvania Department of Labor and Industry for their assistance in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Sean R. Delaney, who prosecuted the case.
Leader in Timeshare Resale Fraud Scheme Sentenced to Nine Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Eugene Warren Brewington (34, Orlando) to nine years in federal prison for conspiracy to commit mail fraud and wire fraud for his role as a leader in a timeshare resale fraud scheme. The Court also entered a money judgment against Brewington in the amount of $704,326.55, which represents the total amount of money fraudulently obtained as a result of the scheme. Brewington was found guilty by a jury on June 10, 2016.
According to testimony and evidence presented at trial and sentencing, Brewington founded and operated two companies in Orlando, “Timeshare Title Services LLC” and “United Clearing Solutions LLC.” Representatives of the two companies, known as “callers,” made unsolicited phone calls to timeshare owners throughout the country and falsely claimed that a buyer existed for their timeshares. The timeshare owners were told that buyers had deposited money into an escrow account for the purchase of their timeshares, and they received documents from the companies that appeared to be legitimate timeshare sales contracts. Ultimately, the timeshare owners were told to send advance fees to the companies to finalize the sales. Numerous timeshare owners made advance fee payments to the companies but received no services and their timeshares were never sold.
Brewington managed the bank accounts where the advance fees were deposited and rented the office spaces from where the “callers” executed the scheme. Within a three-month period, more than $500,000 in timeshare owner payments were deposited into bank accounts for the two companies. Brewington and others associated with the companies used these funds to enrich themselves.
Another participant in the scheme, Chima Edozie Aligwekwe (33, Orlando), was also found guilty of conspiracy to commit mail fraud and wire fraud by a jury. His sentencing hearing is scheduled for September 12, 2016.
This case was investigated by the United States Postal Inspection Service and the Orange County Sheriff’s Office, with assistance from the United States Secret Service. It was prosecuted by Assistant United States Attorneys Andrew C. Searle and Kara M. Wick.
Last of Four Convicted for Role in Takeover-Style Robbery of AT&T Store in Grand Prairie is Sentenced to 120 Months in Federal PrisonRead the Press Release
DALLAS — The last of four Dallas individuals who were involved in the January 2015 takeover-style robbery of an AT&T store in Grand Prairie, Texas, was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.
Anthony Poe, 22, of Dallas, was sentenced by U.S. District Judge David C. Godbey to 120 months in federal prison following his guilty plea in December 2015 to one count of possession with intent to distribute crack cocaine and one count of interference with commerce by robbery and aiding and abetting.
The leader of the group, Luther Elder, 30, was sentenced in May to 210 months in federal prison. He pleaded guilty to one count of interference with commerce by robbery and aiding and abetting. Brandon Walker, 29, and Chambrezia Johnson, 26, who pleaded guilty to the same offense, were also sentenced in May to 87 months and 53 months, respectively. Judge Godbey also ordered Poe and Johnson to pay $13,854 in restitution, jointly and severally.
According to documents filed in the case, on January 23, 2015, Elder recruited Johnson and Poe, as well as another unknown individual, to assist him and Walker in robbing an AT&T store in Grand Prairie. Upon picking up Johnson, Poe, and the unknown individual, Elder and Walker drove the group to a Wal-Mart in Grand Prairie, where Elder purchased a duffel bag and an “air gun” that was intended to be used in the robbery.
After arriving at the AT&T store, Johnson and Walker entered the store to scout it out and determine how many people were in the store. They left and advised Elder, who then instructed Poe and the unknown individual to rob the store and Johnson to stay in the back of the store as a potential getaway driver.
At approximately 1:23 p.m., Poe entered the store carrying the “air gun” while the unknown individual entered and brandished what appeared to be a firearm. Poe and the unknown individual ordered all of the employees to the back of the store and the unknown individual struck an 81-year-old customer on the side of the head, because she was not complying fast enough with his demands, and then drug her to the rear of the store by her neck. Poe and the unknown individual demanded cash and cell phones from the victims, fled the store, and were picked up by Elder and Walker. Elder and Walker than dropped off Poe and the unknown individual at a motel before being arrested as they were in route to sell the stolen phones.
Regarding Poe’s drug conviction, on April 17, 2014, when officers arrived at a residence on Colonial Drive in Dallas to investigate a drug complaint, Poe opened the door holding a revolver in his hand and after seeing the officers, quickly attempted to flee. Officers, who had smelled a strong odor of marijuana coming from inside, then entered the residence and detained Poe. Several baggies of crack cocaine, marijuana, and a second handgun were in plain view. Poe admitted he knowingly possessed with the intent to deliver more than 28 grams of crack cocaine.
The case was investigated by the Grand Prairie Police Department, the Dallas Police Department and the Federal Bureau of Investigation.
Assistant U.S. Attorney Brian Poe prosecuted the case.
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Joshua Leroy Cooper Sentenced to Serve 140 Months in Prison for Federal Firearms OffensesRead the Press Release
KNOXVILLE, Tenn. – Joshua Leroy Cooper, 32, of Knoxville, Tenn., was sentenced on Aug. 29, 2016, by the Honorable Thomas W. Phillips, U.S. District Court Judge, to serve 140 months in federal prison.
Cooper pleaded guilty in April 2016 to possessing firearms and ammunition as a previously convicted felon. The firearms were discovered as a result of a search warrant executed at Cooper’s residence by the Knoxville Police Department because of narcotics purchases at his home. One of the recovered firearms had been reported stolen. Cooper was previously convicted of aggravated robbery, aggravated assault, and aggravated child abuse and neglect of a child six years or less, making it illegal for him to possess firearms or ammunition. In addition to the federal charges, charges related to this investigation are also pending against Cooper in Knox County Criminal Court.
Agencies involved in this investigation included the Knoxville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Jennifer Kolman, Assistant U.S. Attorney represented the United States.
This case was brought as part of Project Safe Neighborhoods ("PSN"), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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Holliston Man Charged in Connection with Weapons TroveRead the Press Release
BOSTON – A Holliston man was arrested in connection with his possession of a trove of weapons, ammunition and incendiary material, and his threats to use them.
Joseph Garguilo, 40, was charged in a criminal complaint with being a prohibited person in possession of ammunition. Garguilo is scheduled to appear before U.S. District Court Magistrate Judge Jennifer C. Boal in Boston today at 2:30 p.m.
According to the charging documents, on July 27, 2016, the FBI received information Garguilo had recently acquired parts to make an AR-15 rifle, and he was stockpiling other weapons including tasers, mace guns, hunting knives and thermite (an incendiary). Around the same time Garguilo allegedly stated that “he will plant a bomb in police station…and kill as many homeland security officers as he can before they kill him.” The FBI then initiated an investigation. In recent days, the FBI learned that Garguilo had stated that he wanted to attack a mosque and/or kill President Obama. Garguilo also allegedly said he wanted to, “chain a mosque closed and burn it down.” Garguilo did not mention any specific mosque or time for this attack. The FBI also learned that Garguilo was stockpiling food and water as part of his plan, and that an acquaintance of Garguilo’s believed he was “about to snap.”
On Aug. 26, 2017, federal agents conducted a search of Garguilo’s residence and seized parts to assemble an AR-15 rifle, ammunition for the AR-15 rifle, nine millimeter ammunition, chemicals that could be combined to create incendiary or explosive compounds, and hand written notes threatening violent attacks against members of the Islamic faith.
As alleged in court documents, Garguilo is the subject of an active restraining order which prohibits him from possessing firearms and ammunition based upon a finding that “there is substantial likelihood of immediate danger of abuse…”
The charging statute provides a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Holliston Police Chief John J. Moore; and Medway Police Chief Allen M. Tingley, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Lori Holik and Mark Grady of Ortiz’s Criminal Division.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Greenville Medical Practice Receives Probationary Sentence and Agrees to Pay $300,000 to the United StatesRead the Press Release
Contact Person: Bill Watkins
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Neurology Associates of Greenville, P.A., pled guilty and was sentenced today in federal court in Greenville, for receiving misbranded drugs in interstate commerce, a violation of Title 21, United States Code, Section 331(c). United States Magistrate Judge Jacquelyn D. Austin of Greenville placed the practice on 3 years of federal probation. No fine was imposed because the practice, in settlement of a parallel civil case brought by the U.S. Attorney’s Office, agreed to pay $300,000 to the United States due to the submission of Medicare claims for non-approved botulinum toxin (Botox).
Evidence presented at the change of plea hearing established that under federal law no form of Botox may be commercially distributed for use on humans unless it has been approved by FDA. Only Allergan’s product manufactured in the United States is approved and licensed by the FDA. Records obtained during this investigation show that the practice from 2010-2013 purchased non-FDA approved Botox from a wholesaler who purchased the Botox from a factory in Ireland. This drug is deemed misbranded under federal law as it was not FDA approved for sale in the United States. The practice received this non-FDA approved Botox in interstate commerce.
The case was investigated by agents of the Office of Inspector General of the Department of Health and Human Services. Assistant United States Attorney Bill Watkins of the Greenville office handled the criminal case and Assistant United States Attorney Jennifer Aldrich of the Columbia office handled the civil case.
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Four sentenced for firearm, identity theft chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Four people were sentenced today for firearm and identity theft charges, United States Attorney William J. Ihlenfeld, II, announced.
Curtessa Monet Franklin, 22, of Canton, Massachusetts, was sentenced to 15 months in prison for lying while attempting to acquire a firearm. Franklin pled guilty in April 2016 to one count of “Conspiracy to Provide a False Statement During the Attempted Purchase of a Firearm.”
Christopher Lee Linn, 30, of Jessup, Maryland, was sentenced to 58 months in prison for firearm and identity theft charges. Linn pled guilty in May 2016 to one count of “False Statement in Acquisition of a Firearm” and one count of “Aggravated Identity Theft.”
Robert Jackson Rowand, 36, of Martinsburg, West Virginia, was sentenced to 35 months in prison for unlawfully possessing a firearm. Rowand, who has prior felony convictions in Berkeley County, WV, pled guilty in May 2016 to one count of “Felon in Possession of a Firearm.”
Alan Clark Toliver, 36, of Charles Town, West Virginia, was sentenced to 24 months in prison for unlawfully possessing a firearm. Toliver, who has prior felony convictions in New Jersey and North Carolina, pled guilty in May 2016 to one count of “Felon in Possession of a Firearm.”
Assistant United States Attorney Shawn M. Adkins prosecuted Franklin, Rowand, and Toliver. Assistant United States Attorney Paul T. Camilletti prosecuted Linn. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the cases. They were assisted by the West Virginia State Police on the Franklin case; the Berkeley County Sheriff’s Office and Martinsburg Police Department on the Rowand case; and the Berkeley County Sheriff’s Office and Jefferson County Sheriff’s Office on the Toliver case.
Chief U.S. District Judge Gina M. Groh presided.
Former Millington Reserve Officer Receives 26 Years for Producing Child PornographyRead the Press Release
Memphis, TN – A former Millington reserve police officer has been sentenced to serve more than a quarter century in federal prison for producing child pornography of three female minors. The defendant also transported a minor across state lines with intent to engage in unlawful sexual activity. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentence today.
"Anyone who chooses to prey on the most vulnerable members of our society deserves to be behind bars," said U.S. Attorney Stanton. "As a former reserve police officer, Friar was sworn to serve and protect the citizens of our community from crime. But he broke that oath to satisfy his own abhorrent fetishes, and will spend the next 26 years in federal prison because of his egregious acts."
According to information presented in court, on July 13, 2015, a Shelby County Sheriff’s Office Deputy responded to a call at the Millington residence of Rickie Friar, 67. The call was made by Friar’s housekeeper, who had stopped by the defendant’s residence to do some chores. Friar was out of town at the time. While there, a female minor who accompanied the housekeeper opened Friar’s iPad and showed the housekeeper sexually explicit images of children who regularly spent time with Friar.
A forensic examination of Friar’s iPad, along with other electronic devices seized during a search of his residence revealed additional videos and images of female minors engaged in sexually explicit conduct. Friar is visible in some of the images and videos, and his voice can be heard in others. The videos and images were produced between July 2013 and May 2015. Two of the victims were under 12 years old at the time; one was under the age of 18 years old.
Hours after his housekeeper notified law enforcement of what had been seen on Friar’s iPad, Friar was located in Arkansas, returning from a trip to Oklahoma. He had a female minor with him. Law enforcement agents found receipts, dated a day or two earlier, for sex toys and lubricant in Friar’s vehicle.
In May 2016, Friar pleaded guilty before U.S. District Judge John T. Fowlkes Jr. to:
• one count of knowingly transporting a minor under the age of 18 years old between the states of Tennessee and Oklahoma for the purpose of engaging in sexual activity;
• tw0 counts of attempting to and knowingly using a female minor under 12 years old to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct;
• one count of attempting to and knowingly using a female minor under the age of 18 years old to engage in sexually explicit conduct.
On Monday, August 29, 2016, Judge Fowlkes sentenced Friar to 312 months in federal prison.
This case was investigated by the Memphis Child Exploitation Task Force. The collective is comprised of the Federal Bureau of Investigation; Homeland Security Investigations; Shelby County Sheriff's Department; Memphis Police Department; U.S. Postal Investigation Service; U.S. Marshals Service; and the U.S. Secret Service.
Assistant U.S. Attorney Debra Ireland prosecuted this case on the government’s behalf.
Anyone who believes they may have information about this case or related activities is asked to contact the Memphis Child Exploitation Task Force at 901.747.4300.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Former Middlebury Fire Chief to Serve Time in Prison for Embezzling FundsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that PAUL PERROTTI, 49, of Middlebury, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to three months of imprisonment, followed by three years of supervised release, for embezzling funds while serving as the Fire Chief of the Town of Middlebury. Judge Meyer also ordered PERROTTI to perform 200 hours of community service during his term of supervised release.
On July 23, 2015, a jury found PERROTTI guilty of two counts of theft concerning programs receiving federal funds.
According to the evidence at trial, PERROTTI served as the Fire Chief of the Middlebury Volunteer Fire Department, Inc. (“MVFD”) from 1997 until 2014. PERROTTI also is a licensed electrical contractor and, since approximately 2010, has operated Paul Perrotti Electric, LLC (“PPE”). In 2012 and 2013, PERROTTI used Town funds to pay for unauthorized personal expenses and for expenses associated with PPE. These payments included checks made directly payable to employees of PPE, checks made to various vendors of PPE for PPE-related supplies, and checks made to pay third parties, who ultimately passed on the payments to PERROTTI. PERROTTI also submitted invoices to the Town of Middlebury for expenses that he falsely claimed were incurred by MVFD but, in fact, were expenses related to the business of PPE, including bills for various vendors of PPE.
In a post-trial ruling, Judge Meyer found that PERROTTI embezzled $25,746 from the Town and the MVFD.
This matter was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorneys Sarah Karwan and Heather Cherry.
Former Lee County Deputy Detained Pending Trial for Receipt and Possession of Child PornographyRead the Press Release
Montgomery, Alabama – Kevin Wayne Taylor (39), of Phenix City, Alabama and former Lee County Deputy Sheriff, was detained without bond today pending his trial for receipt and possession of child pornography, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama.
Tuesday, August 23, 2016, Taylor was arrested for receipt and possession of child pornography after an investigation by the State of Alabama Bureau of Investigation. This investigation started when a 10 year old victim reported that Taylor had inappropriately touched and taken pictures of her genital area ([1]). The Lee County Sheriff’s Office forwarded the report to the State Bureau of Investigation who executed a search warrant at Taylor’s residence. During the execution of the search warrant, agents found over 1600 images of child pornography on three computers. One of the computers containing child pornography was Taylor’s official Lee County Sheriff’s Office laptop computer. The evidence further showed that Taylor had been collecting these images for approximately eleven years. Lee County Sheriff Jay Jones promptly terminated Taylor’s employment.
A detention hearing was held today to determine if Taylor should be released pending his trial. The Court found that if Taylor were released from jail, he would pose a danger to the community and ordered that Taylor be held without bond.
An indictment is merely a method of charging a defendant. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
United States Attorney Beck would like to thank the following agencies for their involvement with this case: Alabama State Bureau of Investigation, the Lee County Sheriff’s Office, and the Department of Homeland Security. Assistant United States Attorneys Hollie Worley and Curtis Ivy are prosecuting the case.
[1] As a result of the victim’s report, the State of Alabama arrested Taylor for sexual abuse of a minor under the age of 12.
Former FBI Agent Sentenced to 36 Months in Prison for Stealing Drug Proceeds and Obstructing JusticeRead the Press Release
A former FBI special agent was sentenced today to 36 months in prison for stealing over $136,000 in drug proceeds seized during the execution of search warrants in 2014, falsifying documents and tampering with a witness.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Special Agent in Charge Angel D. Gunn of the Department of Justice Office of the Inspector General’s Los Angeles Field Office made the announcement.
Scott M. Bowman, 45, of Moreno Valley, California, pleaded guilty on May 2, 2016, to one count of conversion of property by a federal employee, one count of obstruction of justice, one count of falsification of records and one count of witness tampering. Bowman was sentenced by U.S. District Judge Jesus G. Bernal of the Central District of California, who also ordered Bowman to pay $136,462 in restitution.
According to admissions made in connection with his plea, Bowman misappropriated drug proceeds seized during the execution of three search warrants in June and August 2014 after they were transferred to his custody in his official capacity as a federal law enforcement officer. Bowman admitted that he proceeded to spend the stolen money for his own personal use and enjoyment, including tens of thousands of dollars on vehicles and new equipment, including speakers, rims and tires. Bowman also used $15,000 of the misappropriated cash to pay for cosmetic surgery for his spouse and opened a new checking account into which he deposited $10,665 of the stolen funds, he admitted.
According to the plea agreement, in order to conceal his embezzlement, Bowman falsified official FBI reports and submitted a deposit receipt – with a forged signature – that understated the amount of proceeds he had actually seized at the search site. In October 2014, Bowman sent emails to a local police detective containing a detailed cover story that the detective was instructed to provide in case he was asked about Bowman’s handling of the drug proceeds and a copy of the receipt with the forged signature so that the detective could falsely claim the forged signature as his own, Bowman admitted.
The Department of Justice’s Office of the Inspector General investigated the case. Trial Attorneys Lauren Bell and Robert J. Heberle of the Criminal Division’s Public Integrity Section prosecuted the case.
Former College Professor Pleads Guilty to Possessing Child PornographyRead the Press Release
CINCINNATI – Holt Parker, 59, of Cincinnati pleaded guilty in U.S. District Court here today to one count of possession of child pornography, admitting that he attempted to destroy a thumb drive containing nearly 1,000 video files, the majority of which depicted child pornography that he had downloaded from the Internet.
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division announced the plea entered today before U.S. District Judge Timothy S. Black.
According to court documents, FBI agents executed a search warrant at his home in the Clifton neighborhood on March 15, 2016. Agents seized a laptop computer and a damaged thumb drive. Parker told agents that when he realized law enforcement officers were searching his house, he attempted to destroy the thumb drive because he had recently downloaded hundreds of images and videos of child pornography. Forensic analysis confirmed that the drive contained video files and images, including an image of an infant.
The plea agreement concludes that an appropriate sentence would be a prison term of at least 36 months but no more than 96 months. The agreement also asks the court to impose a $5,000 special assessment, a fine, restitution and a term of supervised release as determined by the court.
“Child pornography is dangerous contraband, and possessing it is a serious crime. Prosecuting cases like this reflects our commitment to using all the tools at our disposal to protect the most vulnerable,” Acting U.S. Attorney Glassman said.
Judge Black will schedule sentencing following an investigation by the court. Parker, a former University of Cincinnati professor, remains free on bond, but is prohibited from having any access to computers or children.
Acting U.S. Attorney Glassman commended the cooperative investigation by the FBI and the Ohio Internet Crimes Against Children Task Force, as well as Assistant United States Attorney Kyle Healey, who is representing the United States in this case.
Former City of Chicago Transportation Official Sentenced to Ten Years for Corruption in Awarding of Red-Light Camera ContractsRead the Press Release
CHICAGO — The former assistant transportation commissioner for the city of Chicago was sentenced today to ten years in federal prison for his role in a corruption scheme involving the city’s red-light camera contracts.
A jury in January convicted JOHN BILLS, 55, of Chicago, on all counts against him. The conviction included nine counts of mail fraud, three counts of wire fraud, one count of extortion under color of official right, one count of conspiracy to commit bribery, three counts of bribery, and three counts of filing false tax returns.
In addition to the 120-month prison sentence, U.S. District Judge Virginia M. Kendall also ordered restitution in the amount of $2,032,959.50.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Joseph M. Ferguson, Inspector General for the City of Chicago; and James D. Robnett, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago.
In 2003, as an assistant transportation commissioner, Bills was a voting member of the city’s Request for Proposal (RFP) evaluation committee, which sought vendors under the city’s Digital Automated Red Light Enforcement Program. In May 2003, the committee recommended awarding contracts to Phoenix-based Redflex Traffic Systems Inc., to install cameras that automatically record and ticket drivers who run red lights. Evidence at trial revealed that from approximately 2003 to 2011, Bills used his influence to expand Redflex’s business with the city, resulting in millions of dollars in contracts for the installation of hundreds of red-light cameras. In exchange for his efforts, Redflex provided Bills with cash and personal benefits, including meals, golf outings, rental cars, airline tickets, hotel rooms and other entertainment.
Some of the benefits were given directly to Bills, while hundreds of thousands of dollars in cash was funneled to him through a friend, MARTIN O’MALLEY. Redflex hired O’Malley as a contractor and paid him lavish bonuses as new cameras were added in Chicago. O’Malley testified at trial that he often stuffed the bonus money into envelopes and gave it to Bills during meals in Chicago restaurants. In addition, O’Malley testified that he used some of the bonus money paid to him by Redflex to purchase and pay all expenses for a condo in Arizona that Bills used as his own. O’Malley, of Worth, pleaded guilty in December 2014 to one count of conspiracy to commit bribery. He is scheduled to be sentenced by Judge Kendall on Sept. 12, 2016.
After KAREN FINLEY became CEO of Redflex, O’Malley’s commissions escalated and Bills assisted Redflex in being awarded a “sole-source” contract for additional cameras. The sole source contract was rescinded when a competitor complained. As the city began the process of issuing a second RFP in 2007, Bills, in his capacity as a non-voting, advisory member of the 2007 evaluation committee, assisted in ensuring that the RFP favored Redflex. Finley, of Cave Creek, Ariz., pleaded guilty last year to one count of conspiracy to commit bribery. She is scheduled to be sentenced by Judge Kendall on Nov. 10, 2016.
The government is represented by Mr. Fardon and Assistant U.S. Attorneys Laurie J. Barsella and Timothy Storino.
Former Car Dealership Employee Sentenced for her Participation in a Stolen Identity Tax Fraud SchemeRead the Press Release
Defendant stole customer information to promote tax fraud scheme
A Jensen Beach resident was sentenced to 30 months in prison, to be followed by three years of supervised release for her participation in a stolen identity tax fraud scheme.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Micheline Eppolito, 29, of Jensen Beach, was previously convicted at trial of one count of possessing fifteen or more unauthorized access devices, affecting interstate commerce, in violation of Title 18, United States Code, Section 1029(a)(3), and five counts of aggravated identity theft, in violation of Title 18, United States Code, Sections 1028A(a)(1).
According to evidence presented at trial, Eppolito worked at Treasure Coast Lexus car dealership on US 1 in Fort Pierce. Eppolito accessed and printed 44 automobile printouts, from a database shared by automobile dealerships, which contained 68 customers’ personal identifying information from a work computer located in her office. The defendant then sold the printouts to Patrick J. Ward [Case No. 14-CR-14006]. Ward paid Eppolito approximately $80 worth of oxycodone pills for the printouts.
According to court documents, a prison cell mate of Ward’s was interested in buying any Social Security numbers that Ward could come across to be used to prepare false tax returns. Ward admitted that he bought all the notebooks and papers from Eppolito to resell for a profit.
On January 20, 2015, Ward was sentenced to 70 months in prison, to be followed by three years of supervised release. Ward previously pled guilty to one count of possessing fifteen or more access devices and one count of aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI and thanked the St. Lucie County Sheriff’s Office for its assistance. This case was prosecuted by Assistant U.S. Attorneys Theodore Cooperstein and Courtney L. Coker.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Man Pleads Guilty to Participating in Sophisticated International Cellphone Fraud SchemeRead the Press Release
A Miami Gardens, Florida, resident pleaded guilty today to multiple criminal charges in connection with a sophisticated global cell phone fraud scheme that involved compromising cellphone customers’ accounts and “cloning” their phones to make fraudulent international calls.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
Edwin Fana, 37, pleaded guilty to one count of conspiracy to commit wire fraud, access device fraud, the use, production or possession of modified telecommunications instruments, and the use or possession of hardware or software configured to obtain telecommunications services. Fana also pleaded guilty to one count of wire fraud and one count of aggravated identity theft. Sentencing will be scheduled for a later date before U.S. District Judge Daniel T.K. Hurley of the Southern District of Florida.
According to the plea agreement, Fana and his co-conspirators participated in a scheme to steal access to and fraudulently open new cellphone accounts using the personal information of individuals around the United States. Fana admitted that the conspirators then trafficked in the cellphone customers’ telecommunication identifying information, using that data as well as other software and hardware to reprogram cellphones that they controlled to transmit thousands of international calls to Cuba, Jamaica, the Dominican Republic and other countries with high calling rates. The calls were billed to the victims’ compromised accounts, he admitted.
Fana’s role in the scheme included operating a “call site” in his residence in Miami Gardens, according to the plea agreement. He admitted that he would receive telecommunication identifying information associated with victims’ accounts from his co-conspirators and use that data to re-program cellphones that he controlled. According to the plea agreement, Fana’s co-conspirators would then transmit international calls over the internet to Fana’s residence, where he would route them through the re-programmed cellphones. In October 2012, the FBI executed a search warrant on Fana’s residence and discovered approximately 88 cellphones connected to networking equipment and actively routing calls.
Fana admitted that law enforcement seized nearly 11,000 telecommunications identifying numbers from him and that the scheme caused at least $1 million in losses.
The FBI investigated the case, dubbed Operation Toll Free, which is part of the bureau’s ongoing effort to combat large-scale telecommunications fraud. Senior Counsel Matthew A. Lamberti of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jared M. Strauss of the Southern District of Florida are prosecuting the case.
Final Defendant in Scheme That Sought More Than $1.5 Million in Fraudulent Tax Refunds Sentenced to over 4 years in Federal PrisonRead the Press Release
LOS ANGELES – The last of six defendants who conspired to use stolen identities to file fraudulent tax returns with the Internal Revenue Service that sought more than $1.5 million in false tax refunds was sentenced today to 51 months in federal prison.
Wesley Wade Hunter, 47, a former Los Angeles resident who was in a California prison when he committed the federal tax offense, was sentenced by United States District Judge George H. Wu. In addition to the prison term, Judge Wu ordered Hunter to pay the IRS $104,283 in restitution.
Hunter, who also goes by the moniker “Godfather,” pleaded guilty in April to one count of conspiracy to defraud the United States by obtaining the payment of false claims, namely tax refunds.
“This defendant was able to victimize both the United States government and individuals who had tax returns fraudulently filed in their names while an inmate in a state prison,” said United States Attorney Eileen M. Decker. “Fortunately, the hard work of IRS personnel enabled them to identify and reject the majority of the defendant’s fraudulent tax refund claims. The defendant’s persistent criminal conduct warranted the significant federal sentence imposed today.”
According to court documents, during the course of the scheme that was shut down in May 2012, Hunter filed or assisted in the filing of fraudulent tax returns that sought refunds using the identities of over 250 individuals. Hunter and the other co-conspirators obtained the names, Social Security numbers, dates of birth, and other personal identification information of individuals without their knowledge and consent. Hunter and others knowingly filed false federal income tax returns that claimed fraudulent tax refund payments based upon fraudulent wage and withholding amounts under their own names and under the names and Social Security numbers of the identity theft victims. Members of the conspiracy cashed the fraudulently obtained refund checks.
In all, Hunter’s conduct resulted in an intended loss of more than $1.5 million and an actual loss of approximately $104,283 to the United States government.
“Using the names and identities of over 250 taxpayers, Mr. Hunter operated a massive tax fraud and identity theft conspiracy scheme which attempted to defraud the U.S. government of over $1.5 million,” stated Anthony J. Orlando, Acting Special Agent in Charge of IRS Criminal Investigation. “Let this conviction serve as a warning to others contemplating the same type of scheme – IRS Criminal Investigation will continue to vigorously pursue those who unjustly enrich themselves by stealing identities and filing false income tax returns.”
Hunter is one of six defendants who pleaded guilty to this scheme, which operated in both San Luis Obispo and Los Angeles counties. In January of 2015, a federal grand jury returned a 17-count indictment charging Hunter and five others with identity theft and the tax refund conspiracy scheme. The others named in the indictment are:
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Crystal Coleman, 59, of Los Angeles, who pleaded guilty to conspiracy, was sentenced to 17 months in prison and was ordered to pay restitution in the amount of $207,071;
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Latasha Coates, 36, of Los Angeles, who pleaded guilty to conspiracy, was sentenced to two months in prison and was ordered to pay $65,648 in restitution;
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Guadalupe Flores, 34, of Los Angeles, who pleaded guilty to theft of public money, was sentenced to three years of probation and was ordered to pay restitution in the amount of $153,169;
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Lisa Tavra, 44, of Las Vegas, Nevada, who pleaded guilty to conspiracy, was sentenced to three years of probation and was ordered to pay $30,026 in restitution; and
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Lourdes Brown, 48, of Modesto, who pleaded guilty to conspiracy, also was sentenced to three years of probation and was ordered to pay $124,234 in restitution.
This investigation was conducted by IRS Criminal Investigation. The case was prosecuted by Assistant United States Attorney Ryan White of the General Crimes Section.
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Dennis Crawford Pleads Not Guilty to Wire FraudRead the Press Release
The United States Attorney for the District of Vermont announced that Dennis Crawford, 47, of Newport, pled not guilty last Friday in U.S. District Court in Burlington to a charge of wire fraud. U.S. Magistrate Judge John M. Conroy released Crawford on conditions pending trial, which has not been scheduled.
On July 25, 2016, a federal grand jury returned a one-count indictment charging Crawford with wire fraud. According to the indictment and other court records, in April 2015, Crawford was appointed power-of-attorney for his elderly step-father. Under the terms of the power-of-attorney, Crawford was permitted to make financial decisions on his step-father's behalf. After acquiring the power-of-attorney, Crawford placed his name on bank accounts his step-father held. According to court records, between June and August 2015, Crawford transferred approximately $200,000 from his step-father's bank accounts to accounts controlled only by Crawford. Crawford allegedly used much of this money to buy several vehicles for himself and family members, as well as furniture and other household items. In August 2015, the Vermont State Police learned Crawford may have been abusing his step-father and started an investigation. Crawford's power-of-attorney was revoked, and in November 2015, Crawford was charged in state court with financial exploitation of a vulnerable adult. The state charge was dismissed when the federal grand jury returned its indictment.
If convicted, Crawford faces up to 20 years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Vermont State Police and the Federal Bureau of Investigation.
Crawford is represented by the Office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Chehalis Tribal Member Sentenced for Defrauding Housing ProgramRead the Press Release
The former Chairman of the Board of the Chehalis Tribal Housing Authority was sentenced today in U.S. District Court in Tacoma to thirty days in jail, two years of supervised release and $37,400 in restitution for theft from a tribal organization, announced U.S. Attorney Annette L. Hayes. HECTOR RAY CANALES, SR., 55, pleaded guilty to conversion of tribal funds in May 2016. At the sentencing hearing U.S. District Judge Ronald B. Leighton said CANALES had betrayed the trust of his tribe.
According to records filed in the case, in 2009 CANALES applied for down payment assistance from the Chehalis Tribal Housing Authority knowing that he did not qualify for such assistance because he already owned a home. CANALES engaged in a sham transaction to transfer his existing ownership to a relative, so that he could collect $37,400 from the down payment assistance program which he used to pay for a second home in the Chehalis area. Even as he was “transferring” ownership of his current home, CANALES was listing the home as an asset on his mortgage application to Wells Fargo Bank. CANALES used his position in the Tribe and his knowledge of the internal fiscal controls to illegally collect the down payment funds. The fraud meant that other eligible Chehalis Tribal members did not get down payment assistance.
CANALES has since repaid just over $24,000 to the tribe.
The case was investigated by the Chehalis Tribal Police Department and the FBI.
The case was prosecuted by Assistant United States Attorney J. Tate London.
Charleston felon sentenced to federal prison for gun chargeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to two years and three months in federal prison for a gun crime, announced United States Attorney Carol Casto. Fitzgerald Ingram, 24, entered his guilty plea to illegally possessing a firearm after being convicted of a felony.
Ingram admitted that on July 29, 2015, he was apprehended by law enforcement after firing a rifle into a dumpster in the 6th Avenue area of Charleston. After firing the rifle, Ingram disposed of the gun in an alley where it was located by someone who took the gun to police officers who had responded to the scene that day. Ingram is prohibited from possessing any firearm under federal law because of several previous felony convictions in North Carolina Circuit Court, including taking indecent liberties with a child, failure to register as a sex offender, and assault with a deadly weapon causing serious injury.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of the prosecution. United States District Judge Thomas E. Johnston imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Arizona Real Estate Developer Sentenced to 24 Months in Prison for Falsifying Bankruptcy RecordRead the Press Release
An Arizona real estate developer was sentenced today to 24 months in prison for submitting false statements in his bankruptcy petition with the intent to conceal assets and property transfers from the bankruptcy trustee.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney John S. Leonardo of the District of Arizona and Acting Inspector in Charge Daniel A. Adame of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group made the announcement.
Alexander Papakyriakou, aka Alex Papas, 62, of Phoenix, was sentenced by U.S. District Court Judge Susan R. Bolton of the District of Arizona, who will impose restitution at a hearing on Oct. 21, 2016. Papakyriakou pleaded guilty on Feb. 9, 2016, to one count of falsification of records in bankruptcy.
According to admissions made in connection with his plea agreement, in 2011, Papakyriakou filed a voluntary bankruptcy petition in which he claimed he had less than $1 million in assets and over $144 million in liabilities. In connection with his bankruptcy petition, Papakyriakou filed a statement of financial affairs (SFA), a declaration under penalty of perjury, about his assets and property transfers, which he admitted that he knew contained false entries and concealed his assets and transfers.
As part of his guilty plea, Papakyriakou admitted that at the time of the filing of the SFA, he had transferred all of his significant holdings into the names of other entities while still maintaining control of those entities by proxies. According to the plea agreement, these assets included an approximately $4.995 million beach house in Laguna Beach, California; a warehouse; several vintage collector automobiles; and funds from bank accounts. Papakyriakou further admitted that he filed the falsified SFA with intent to impede, obstruct or influence an investigation or the proper administration of his bankruptcy case.
The USPIS Criminal Investigations Group investigated the case. Trial Attorney Sarah Hall and Senior Litigation Counsel David Bybee of the Criminal Division’s Fraud Section prosecuted the case. Former Fraud Section Senior Litigation Counsel Jack Patrick provided substantial assistance. Assistant U.S. Attorney Raymond Woo of the District of Arizona also provided assistance in this matter.
Another Meth Trafficker Heads to Federal PrisonRead the Press Release
LAREDO, Texas – A 45-year-old Springtown man has been ordered to prison for 11 years following his conviction of transporting approximately 10 kilograms of crystal methamphetamine, announced U.S. Attorney Kenneth Magidson. Wilburn Harmon Jr. pleaded guilty April 13, 2016.
Today, U.S. District Judge Marina Garcia Marmolejo imposed the 132-month-term and further ordered Harmon to serve five years of supervised release following the prison sentence.
Harmon was arrested July 12, 2014, at the Border Patrol checkpoint just north of Laredo. He had arrived there driving a pickup truck containing 9.856 kilograms of crystal methamphetamine within its driveshaft.
Harmon told authorities he had been hired and was to be paid $400 by someone he knows as a methamphetamine dealer in his hometown of Springtown. He was supposed to travel to Laredo in a van, leave it there and return with the truck. He drove to Laredo, staying awake by injecting himself with methamphetamine. He then picked up the truck from someone who had just driven it into the United States from Mexico a few hours prior.
He began his drive back, but was detained at the checkpoint after authorities discovered the narcotics. Agents also found a bridge crossing receipt which confirmed the truck’s travel from Mexico.
Harmon will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation along with Border Patrol and Customs and Border Protection. Assistant U.S. Attorney Jose Homero Ramirez prosecuted the case.
Albuquerque Man Sentenced to Prison for Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Kelly S. Hobbs, 38, of Albuquerque, N.M., was sentenced today in federal court to 26 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Hobbs will be required to register as a sex offender after completing his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Hobbs pled guilty on April 20, 2016, to a felony information charging him with violating SORNA by failing to update his sex offender registration from Nov. 18, 2015 through Feb. 17, 2016, in Dona Ana County, N.M., and violating the conditions of his supervised release on a prior felony conviction. In entering the guilty plea, Hobbs admitted that he was convicted of sexual abuse of a minor in 2010 and was sentenced to 51 months in prison. On June 11, 2015, Hobbs was released from prison and was required to reside at a halfway house in Albuquerque for six months. Hobbs further admitted that on Nov. 18, 2015, he failed to return to the halfway house and did not notify the Sheriff’s Office of his change of residence as required under SORNA.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Joseph Spindle prosecuted the case.
12 Collectively Sentenced to More Than 83 Years for Roles in Meth Trafficking ConspiracyRead the Press Release
Memphis, TN – Twelve defendants in a multi-state narcotics trafficking conspiracy have been collectively sentenced to 998 months in federal prison. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentences today.
According to information presented in court, between March 2014 and July 2015, the defendants conspired with each other to distribute large quantities of methamphetamine. The defendants utilized the United States Postal Service to ship the drugs from California to Memphis for distribution.
The defendants and their respective sentences:
• Dexter White, 27, of Memphis, TN: 216 months
• Travis Huston, 34, of Turrell, AR: 180 months
• Fred Wilson, 32, of Gates, TN: 120 months
• Johnnie Wilborn, 26, of Merced, CA: 78 months
• Carlos Lewis, 39, of Memphis, TN: 77 months
• Patrice Lee, 34, of Memphis, TN: 18 months
• Brittany Huston, 28, of Cordova, TN: 80 months
• Deontoe Huston, 33, of Turrell, AR: 41 months
• Larry Cassidy, Jr, 36, of Turrell, AR: 70 months
• Robert Earl Williams, 35, of Marion, AR: 60 months
• Phillip Sean Mosley, 31, of Turrell, AR: 40 months
• Janice White, 51, of Memphis, TN: 18 months
Law enforcement’s investigation into the criminal organization revealed that Dexter White and Travis Huston were the drug trafficking organization’s leaders. They recruited family members and friends for their illicit enterprise, including White’s girlfriend (Brittany Huston) and mother (Janice White) and Huston’s brother (Deontoe Huston).
Over the course of the conspiracy, Dexter White and Travis Huston shipped meth to Memphis from California. They teamed up with Wilborn, based in California, who helped the men expand their operation. And they later added Wilson to their criminal organization. Furthermore, Brittany Huston and Janice White helped the men launder the money acquired as drug proceeds.
In July 2015, all of the defendants were indicted on multiple charges, which included conspiracy to possess with the intent to distribute and to distribute meth and money laundering.
Each defendant pleaded guilty to charges within the indictment.
Between May and August 2016, they were all sentenced by U.S. District Judge Sheryl H. Lipman to federal imprisonment.
This case was investigated by the Drug Enforcement Administration.
Assistant U.S. Attorney Reagan M. Taylor prosecuted this case on the government’s behalf.
26 August 2016
Webster Woman Sentenced on Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.— U.S. Attorney William J. Hochul, Jr., announced today that Janet Faticone, 51, of Webster, NY, who was convicted of fraud, was sentenced to 12 months in prison and three years supervised release by U.S. District Judge the Hon. David G. Larimer, United States District Judge after pleading guilty to one count of wire fraud.
Assistant U.S. Attorneys Tiffany H. Lee and Bradley Tyler, who handled the case, stated that between December 2012 and January 2014, Faticone managed a business, NYS Title and Abstract. The defendant prepared title insurance commitments, HUD forms, invoices and maintained client accounts. Faticone was aware that a title insurance underwriter is needed to prepare commitments. Neither the defendant nor NYS Title and Abstract were authorized title insurance underwriters.
Faticone caused false title insurance commitments, and in one instance, a false title insurance policy to be sent via wires. The defendant invoiced for fees totaling approximately $13,000 for the provision of mortgage loan title insurance that neither she nor NYS Title and Abstract had the authority to issue.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and Investigator Bill Fedrau of the New York State Department of Financial Services’ Financial Frauds and Consumer Protection Division, under the direction of Assistant Chief Sean Ralph, Director Frank Orlando, Executive Deputy Superintendent Joy Feigenbaum and Superintendent Benjamin M. Lawsky.
Violent Member of Robbery Crew Sentenced in Manhattan Federal Court to 70 Months in PrisonRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Charlie Patterson, Acting Special Agent in Charge of the New York Division of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and William J. Bratton, Commissioner of the New York City Police Department (“NYPD”), announced that ANTHONY GREEN was sentenced on Wednesday, August 24, 2016, by U.S. District Judge Ronnie Abrams to 70 months in prison for being a member of a robbery crew that committed 11 commercial robberies, and numerous other street robberies of individuals, in August and September 2015. ANTHONY GREEN personally participated in three of those robberies, and was arrested in the midst of attempting to commit a fourth. During one of the robberies, ANTHONY GREEN assaulted a 61-year-old robbery victim, throwing the victim to the floor and beating him. GREEN pled guilty before Judge Abrams on February 26, 2016.
According to the Indictment and statements made at court proceedings and in court filings:
From at least on or about August 27, 2015, through on or about September 3, 2015, ANTHONY GREEN joined with his co-defendants Lennox Josephs and Cameron Green (as well as another individual) to commit at least three commercial robberies of gas stations and convenience stores in the Bronx and Elmsford, New York, and they planned to commit a fourth such robbery in Pleasantville, New York. These robberies were the last in a weeks-long spree that Josephs and Cameron Green had been on since at least August 12, 2015, during which they robbed at least 11 commercial businesses and individuals engaged in commercial activity, such as restaurant deliverymen and taxi cab drivers. Prior to August 27, 2015, ANTHONY GREEN had also joined Josephs and Cameron Green to commit street robberies, during which they physically assaulted victims and snatched wallets and cellphones.
During the three commercial robberies in which ANTHONY GREEN participated, the defendants wore masks and used BB guns that appeared to be real firearms. The victims of the robberies were terrorized and in several instances subjected to physical violence by ANTHONY GREEN and his associates, including one robbery in which Cameron Green dislocated a pregnant woman’s shoulder.
Mr. Bharara praised the outstanding investigative work of the SPARTA Task Force, which comprises agents and detectives of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the New York City Police Department, and the U.S. Marshals Service.
Cameron Green pled guilty on February 19, 2016, and was sentenced by Judge Abrams on July 8, 2016, to 78 months in prison. Lennox Josephs pled guilty on March 9, 2016, and was sentenced by Judge Abrams on August 8, 2016, to 78 months in prison.
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The case is being prosecuted by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorneys Frank Balsamello and Jared Lenow are in charge of the prosecution.
U.S. Attorney's Office Partners with Hickory Police Department to Launch Youth-Oriented Outreach InitiativeRead the Press Release
CHARLOTTE, N.C. –United States Attorney Jill Westmoreland Rose announced today that the U.S. Attorney’s Office partnered with the Hickory Police Department to present the Law Enforcement Guiding Adolescent Lives (LEGAL) program in Hickory, N.C. LEGAL is a youth-oriented community outreach initiative designed to offer young people guidance on having positive interactions with members of the law enforcement community.
The one-day program was held earlier today in Hickory, at LP Frans Stadium. Hickory Police Chief Thurman Whisnant and his officers worked closely with the U.S. Attorney’s Office to implement the initiative and to develop a curriculum that was informative, meaningful and fun for its participants. Volunteer officers with the Hickory Police Department and 20 youths selected from the Young People of Integrity group and the Hickory Youth Council participated in the program.
This was the second event held as part of the LEGAL outreach initiative. Over the summer, the U.S. Attorney’s Office partnered with the Buncombe County Sheriff’s Office and the Asheville Police Department to launch the pilot program, with the goal of collaborating with local law enforcement in Western North Carolina to implement the initiative throughout the district.
“This program is extremely valuable both to the young people and the volunteer law enforcement officers who participated today. The goal of the initiative is to establish positive police/youth relationships through education and open dialogue, and to foster the principles of mutual respect by learning from each other,” said U.S. Attorney Rose. “In doing so, we seek to foster a life changing experience for the participants and to develop a scenario whereby law enforcement officers and young people have more effective and ultimately more safe interactions within their communities.”
The four-hour program began with youth participants receiving legal and practical skills orientation. During this session, participants received basic legal background information on searches related to traffic stops, public area encounters, and home encounters. Participants also received practical instruction on their rights and on interacting with law enforcement in a sae and respectful manner.
Following the legal orientation, youth participants had an opportunity to utilize their newly acquired skills by engaging with law enforcement officers in mock police interactions. After each mock interaction, participants and law enforcement officers engaged in role-reversals, designed to foster a better understanding of each group’s standpoint and an opportunity to share each other’s perspective. Following the mock encounters, participants engaged in free dialogue with officer volunteers during a roundtable luncheon.
“The young men and women who took part in today’s program will benefit greatly from their participation. My officers volunteered many hours and worked diligently to make sure this program was a success. Those who participated were given very good practical information and each group had an opportunity to learn from each other. I want to thank the U.S. Attorney’s Office for partnering with the Hickory Police Department to bring this important initiative to Hickory’s youth,” said Chief Whisnant.
U.S. Attorney Rose thanked Chief Whisnant for his support of the LEGAL initiative. U.S. Attorney Rose also thanked the law enforcement officers and youth for participating in the program, and emphasized the importance of continuing to develop and support initiatives that promote positive youth development and enhance interactions between police and youth.
Two San Antonio Men Charged with Bank RobberyRead the Press Release
In San Antonio, FBI agents have arrested 32-year-old Jason Lynn Hathorn and 30-year-old David Lee Sartin for their alleged role in a bank robbery earlier this month, announced United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division; and, San Antonio Police Chief William McManus.
A criminal complaint unsealed today in San Antonio charged Hathorn and Sartin with one count of bank robbery. According to the complaint, on August 8, 2016, a confidential human source identified Sartin as a suspect in four bank robberies in the San Antonio area. During each robbery, the perpetrator used a unique silicone “old man” mask which the source claimed was similar to one owned by Sartin. Later that day, an individual wearing the “old man” mask robbed the Amegy Bank of Texas branch on West Military Drive. The individual left the bank with approximately $8,100 and a surreptitiously placed GPS tracking device.
The complaint further states that upon learning that the suspect wore a silicone “old man” mask, FBI agents established surveillance at Sartin’s apartment. The GPS tracker alerted authorities as Sartin arrived home. As Sartin was taken into custody, authorities recovered an iPhone, a tie and a pair of sunglasses which matched the description of items worn by the Amegy Bank robbery suspect. Authorities subsequently reviewed video surveillance of Sartin’s apartment complex and discovered that Hathorn, Sartin’s roommate, had arrived shortly after Sartin and proceeded to enter the apartment complex recreation room carrying a blue bag. Surveillance video showed that Hathorn hid the bag behind the sofa in the recreation room and was observed peering out the window in the direction of where Sartin was being arrested. Law enforcement officers were able to recover the blue bag which contained the “old man” mask, three ball caps used in prior robberies, $8,100, GPS tracker and the demand note from the Amegy Bank robbery. The complaint alleges that Hathorn had assisted Sartin by meeting him after the Amegy Bank robbery and taking custody of the mask and money derived from the robbery.
Sartin and Hathorn were arrested based on states charges related to aggravated robbery. Sartin remained in state custody while Hathorn was released on bond. FBI agents arrested Hathorn today based on the federal criminal complaint. They remain in custody pending a detention and probable cause hearing before a U.S. Magistrate Judge next week in San Antonio. Hathorn and Sartin face up to 20 years in federal prison upon conviction.
This case is being investigated by the FBI together with the San Antonio Police Department. Assistant United States Attorney Sarah Wannarka is prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
Two Men Charged in Leawood Bank RobberyRead the Press Release
KANSAS CITY, KAN. - Two men were charged in U.S. District Court here Thursday with robbing a Leawood bank, Acting U.S. Attorney Tom Beall said.
Terry Lovelady, 57, Kansas City, Mo., and Chad English, 42, Kansas City, Mo., were charged with one count of bank robbery. A criminal complaint alleges that on Aug. 24, 2016, Lovelady robbed the Central Bank of the Midwest at 4801 Town Center Drive in Leawood and fled in a getaway car driven by English. The robbers led police on a high speed chase, running red lights and cutting off other drivers. Eventually, the getaway car jumped a curb, rolled down a hill and came to a stop in a parking lot at St. Joseph Medical Center. The robbers fled the car on foot and were soon arrested.
If convicted, the defendants face up to 20 years in federal prison and a fine up to $250,000. The FBI and the Leawood Police Department investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Three Individuals Indicted for $2.5 Million High-Yield Investment FraudRead the Press Release
Three individuals were charged in an indictment unsealed yesterday for their roles in a $2.5 million high-yield investment fraud scheme, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina.
Robert Leslie Stencil, 59, of Charlotte, North Carolina; Daniel Thomas Broyles Sr., 59, of Beverly Hills, California; and Kristian Francis Sierp, 45, of Costa Rica, all U.S. citizens, were charged in an indictment returned on Aug. 18, 2016, in the Western District of North Carolina with one count of conspiracy to commit wire fraud and mail fraud, five counts of mail fraud and eight counts of wire fraud. In addition, Stencil and Broyles were charged with two counts of money laundering and Sierp was charged with four counts of international money laundering. Stencil surrendered to authorities this morning and will have his initial court appearance today. Sierp was previously arrested in Fort Lauderdale, Florida, on separate charges and has been detained pending trial. A trial date has not been set.
The indictment alleges that since January 2012, Stencil, Broyles and Sierp worked to sell stock in Niyato Industries Inc., a Nevada corporation that Stencil owned and operated from Charlotte. Through various publications and sales pitches, Stencil, Broyles and Sierp allegedly marketed Niyato as a manufacturer of compressed natural gas (CNG) automobiles and a distributor of CNG fuel that had patented technology, valuable contracts and high-profile executives. According to the indictment, Stencil, Broyles and Sierp also sold investors on a promise that Niyato was planning an imminent stock IPO that would reap pre-IPO investors a tenfold return on their investments.
Stencil, Broyles and Sierp are alleged to have known that, in reality, Niyato had no facilities, products, patents or plans for an imminent IPO, but rather was merely a vehicle for inducing investor funds. Broyles and Sierp allegedly directed investors to mail or wire funds to Stencil, who then paid half the funds to Broyles and Sierp and kept the remainder for personal expenses. In addition, Broyles and Sierp are alleged to have used high-pressure sales tactics to encourage investments from their victims, many of whom were elderly. According to the indictment, Sierp operated under a fake name from a telemarketing call center that he owned and operated in Costa Rica.
According to the indictment, Stencil, Broyles, Sierp and their co-conspirators were responsible for causing at least $2.5 million in losses to more than 140 U.S. citizens and businesses.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The U.S. Postal Inspection Service and Internal Revenue Service-Criminal Investigation conducted the investigation, which was supervised by the Criminal Division’s Fraud Section. Fraud Section Trial Attorneys William Bowne and Gustav Eyler are prosecuting the case.
Shreveport felon sentenced to 10 years in prison for illegal possession of a firearmRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Shreveport man was sentenced Tuesday to 120 months in prison for possessing a loaded revolver after being convicted of a felony.
Joseph Dominic Pronnette Jr., 34, of Shreveport, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession of a firearm and ammunition by a convicted felon. He was also sentenced to three years of supervised release. According to the April 20, 2016 guilty plea, members of the U.S. Marshal’s Fugitive Task Force executed an arrest warrant on September 13, 2015 on Pronnette for a prior felony and for violating his parole. He was found in the driver’s seat of a car parked behind a residence in Shreveport and resisted arrest. After he was removed from the car and taken into custody, a loaded .38 caliber revolver was found on the driver’s seat. During the guilty plea, the defendant admitted the weapon was his.
It is unlawful for Pronnette to possess a firearm or ammunition as he has prior felony convictions for felony theft, simple burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling and domestic abuse aggravated assault.
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, U.S. Marshals Service Fugitive Task Force, and the Louisiana Department of Corrections Probation and Parole conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
San Antonio Man Sentenced to 18 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
In San Antonio today, 29-year-old John Michael Rymers was sentenced to 18 years in federal prison for receipt of child pornography announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation (FBI) Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, United States District Judge Fred Biery ordered that Rymers pay $20,000 restitution to his victims and be placed under supervised release for the remainder of his life after completing his prison term.
On October 23, 2015, FBI agents executed a search warrant at the defendant’s residence and seized a laptop computer and related media. A forensics examination on the seized items revealed the presence of approximately 150 videos and 1,150 images depicting child pornography.
According to court records, Rymers has engaged in the sexual exploitation of minors over the past six years including attempts to hack into the computer systems of minors as young as 14 in order to obtain nude and sexually explicit images and videos of these individuals; and, using false personas, mainly of young women, in order to persuade, coerce and entice minor females to create and send to him sexually explicit images and videos of themselves.
Rymers has remained in custody since being arrested in October 2015. On May 12, 2016, Rymers pleaded guilty to one count of receipt of child pornography.
This case was investigated by the FBI’s San Antonio Child Exploitation Task Force. Assistant United States Attorney Tracy Thompson prosecuted this case on behalf of the Government.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 PSC, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Cipriano Anaya, 34, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges. Under the terms of his plea agreement, Anaya will be sentenced to 108 months in prison followed by a term of supervised release to be determined by the court.
Anaya is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Sixteen of the 21 defendants facing federal charges were charged in a 24-count indictment filed on Sept. 22, 2015. The remaining five federal defendants were charged in criminal complaints. The 20 state defendants were charged by criminal complaints.
Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles. Five of the federal defendants, including Mendiola, were arrested on July 31, 2015, the date on which the officers executed the 14 federal search warrants.
During today’s proceedings, Anaya pled guilty to conspiracy and use of a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Anaya admitted to conspiring with his co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Anaya further admitted that on July 26, 2015, he used a telephone in furtherance of the drug trafficking conspiracy. Anaya remains in federal custody pending a sentencing hearing which has yet to be scheduled.
To date, five other defendants charged by indictment have entered guilty pleas. The remaining 16 defendants facing federal charges have entered not guilty pleas to the indictment and criminal complaints. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. The state cases were investigated by the New Mexico State Police. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases, and the Fifth Judicial District Attorney’s Office is prosecuting the state cases.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Riverside Gang Leader and Three Associates Arrested in Meth CaseRead the Press Release
RIVERSIDE, California – Four individuals associated with the Eastside Riva gang – including its leader, Ernie “Gordo” Hernandez, 55 – were arrested yesterday after being charged earlier this week in federal court with distribution of methamphetamine.
The other defendants arrested– Angel “Bundy” Hernandez, 34, who is the son of Ernie Hernandez; Gilberto Diaz, 30; and Bryan Deniz, 25 – are also named in a criminal complaint that alleges they distributed methamphetamine from July 20 through August 9. Several of the drug transactions discussed in the complaint affidavit occurred at Primestone Tires Auto Repair on 14th Street in Riverside.
“Criminal street gangs like Eastside Rivera bring violence and drugs into our communities,” said United States Attorney Eileen M. Decker. “As yesterday’s arrests demonstrate, law enforcement will continue to prosecute gang leaders and members to make our neighborhoods safer.”
The case against the four defendants is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Los Angeles Division.
“Criminal street gangs that claim its territory and attempt to traffic drugs and use firearms to bring violence into our communities for their profit will not be tolerated,” said ATF Los Angeles Special Agent in Charge Eric Harden. “ATF has zero tolerance for this criminal activity and will continue to eradicate it from our communities.”
Yesterday’s arrests stem from an investigation targeting violent activity in and around the Riverside area, where the Eastside Riva gang claims territory. The criminal complaint filed by the United States Attorney’s Office on Wednesday alleges that the defendants engaged in two transactions each involving approximately one pound of methamphetamine and another transaction involving about one-half pound of the drug.
The four defendants arrested appeared in federal court yesterday afternoon in Riverside. The defendants remain in custody and are set for arraignment in Los Angeles on September 29, 2016 at 1 PM PDT.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If they are convicted of the drug trafficking offense alleged in the indictment, Ernie Hernandez, Deniz and Diaz would each face a mandatory minimum sentence of 10 years in federal prison and a sentence of up to life. If convicted, Angel Hernanez would face a mandatory minimum sentence of five years and a sentence of up to 40 years in federal prison.
The Riverside Police Department and Los Angeles Police Department were both instrumental in the Eastside Riva investigation.
This case is being prosecuted by Assistant United States Attorney Reema El-Amamy.
Rio Arriba Man Sentenced to Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Glenn Gene Fernandez, 47, of Alcalde, N.M., was sentenced today in federal court to a year in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Fernandez will be required to register as a sex offender when he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Fernandez was charged in a criminal complaint on Dec. 1, 2015, with violating SORNA by failing to update his sex offender registration. Fernandez was required to register as a sex offender as a result of a 2004 state conviction in Santa Clara, Calif., for criminal sexual battery involving a restrained person. Fernandez last complied with his sex offender registration requirements in California in Aug. 2011. In Nov. 2015, the U.S. Marshals Service received a request to assist the Rio Arriba County Sheriff’s Office with charging Fernandez with a SORNA violation. The U.S. Marshals Services’ investigation revealed that Fernandez had been residing in New Mexico since at least Feb. 2013, and had not registered as a sex offender in New Mexico as required by SORNA.
On March 8, 2016, Fernandez pled guilty to a felony information charging him with failing to update his registration between Feb. 2013 and Dec. 2015 in Rio Arriba County, N.M. Fernandez entered the guilty plea without the benefit of a plea agreement.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.
Remarks from United States Attorney Nancy Harr on the Recent Officer Shooting Deaths in TennesseeRead the Press Release
KNOXVILLE, Tenn. – Earlier this month TBI Special Agent De’Greaun Frazier was murdered while performing his duty to serve and protect the public. Thursday afternoon, tragedy again struck our state when Maryville Police Officer Kenny Moats was shot and killed while responding to a call for help.
Words alone cannot express the bravery of these professionals or the loss to their families and the communities they served. During this difficult time, as the law enforcement community gathers to mourn and support the families of these officers, we hope that the residents of east Tennessee will take this time to support law enforcement and show them that they are a valuable asset to our communities. We at the U.S. Attorney’s Office see the dedication and sacrifice of the men and women in law enforcement on a daily basis and will continue to do our best to support them.
On behalf of the employees of the U.S. Attorney’s Office for the Eastern District of Tennessee, I would like to say a heartfelt “THANK YOU” … a phrase most officers don’t hear enough.
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Portland Company Pleads Guilty to Lacey Act ViolationsRead the Press Release
Contact: Halsey B. Frank
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that ISF Trading Company (“ISF”), of Portland, pleaded guilty in U.S. District Court to violating the Lacey Act. The Lacey Act is a federal law that prohibits trade in wildlife that has been illegally taken, possessed, transported or sold.
ISF is a Maine company engaged in the business of buying seafood, including live sea urchins, from Maine and Canadian suppliers, processing that seafood, and selling it to domestic and foreign, mostly Asian, markets. According to court records, ISF bought Canadian sea urchins from a Canadian supplier, TGK Fisheries of Grand Manan, that was not authorized under Canadian law to export them to the United States. ISF brought them across the Calais Port of Entry under the false label of another Canadian supplier, Matthews Seafood (“Matthews”) of New Brunswick, Canada. At times, Matthews was authorized to export them. On seven occasions between December 31, 2010 and February 1, 2011, ISF illegally imported a total of about 48,000 pounds of sea urchins, whose processed roe was worth at least $172,800, from TGK through Calais under the Mathews label. The scheme was discovered in February 2011, when ISF attempted to import 8,000 pounds of sea urchins, using an invoice in the name of Matthews. A U.S. Customs and Border Protection Officer became suspicious when he noticed that the totes containing the sea urchins did not have the labels required by law.
ISF faces up to five years of probation. Under its agreement with the United States, ISF faces up to $1,250,000 in fines and forfeitures for the violations.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the National Oceanic and Atmospheric Administration.
Physician Pleads Guilty to Illegally Distributing OxycodoneRead the Press Release
PITTSBURGH - A resident of Pittsburgh pleaded guilty in federal court to charges of possession with intent to distribute and distribution of Oxycodone, a Schedule II controlled substance, United States Attorney David J. Hickton announced today.
Dr. Alan Barnett, 69, of Pittsburgh, Pennsylvania pleaded guilty to the two felony counts before Chief United States District Judge Joy Flowers Conti.
According to information presented to the Court at the guilty plea, Dr. Barnett, a medical doctor, illegally distributed Oxycodone, a controlled substance. On December 1, 2015, Dr. Barnett was interviewed by agents of the Drug Enforcement Administration and Federal Bureau of Investigation and surrendered his Drug Enforcement Administration License.
Judge Conti scheduled sentencing for Dec. 9, 2016 at 3:30 p.m. The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentence, the court released Dr. Barnett on bond.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and Drug Enforcement Administration conducted the investigation leading to the Information in this case.
Pensacola Armed Career Criminal Sentenced to 210 Months for Firearms PossessionRead the Press Release
PENSACOLA, FLORIDA – Robert Lamar Gerald, 37, of Pensacola, was sentenced today to 210 months in federal prison, after pleading guilty in April 2016 to possessing a firearm as a convicted felon. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In June 2015, an Escambia Country Sherriff’s Deputy on patrol stopped the vehicle Gerald was driving. After the stop, Gerald fled on foot and was apprehended after a brief chase. The search of his vehicle revealed a loaded 9 millimeter pistol.
The indictment lists 14 prior state felony convictions for Gerald. As a previously convicted felon, Gerald is prohibited from possessing firearms or ammunition under federal law. Because his prior criminal record includes several violent felonies and drug offenses, Gerald qualifies for enhanced sentencing as an Armed Career Criminal under federal law.
This case resulted from investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Escambia County Sheriff’s Office, and the Gun Crime Response Team. The case was prosecuted by Assistant United States Attorney Jeffrey M. Tharp.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Owner and Finance Manager of Norman Used Car Lot Plead Guilty to Bank Fraud in Connection with Bank of Union FailureRead the Press Release
Oklahoma City, Oklahoma – TIMOTHY JAY WILLIAMS, 54, from Edmond, Oklahoma, and STEPHEN L. BUTZ, 53, from Blanchard, Oklahoma, both pleaded guilty to bank fraud this week, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
Williams was the owner of Lindsey Street Motors, a used car lot in Norman, Oklahoma, and Butz was his finance manager. According to court documents, Williams entered into a Commercial Security Agreement with The Bank of Union on behalf of Lindsey Street Motors that granted the bank a secured interest in all used motor vehicles, proceeds, and products of Lindsey Street Motors. In return, The Bank of Union extended to Williams and Butz a line of credit to purchase used vehicles and hold them as inventory until sold. After obtaining the loan proceeds, Williams and Butz sold collateralized vehicles out of trust, without the knowledge or permission of The Bank of Union, and did not use the sales proceeds to repay the Bank. In addition, after purchasing vehicles with The Bank of Union financing, Williams and Butz obtained duplicate vehicle titles from the Oklahoma Tax Commission, which they provided to buyers, without notifying the Bank of Union of the vehicle sales or repaying Lindsey Street Motors’ line of credit.
At their plea hearings this week, Williams and Butz each admitted their conduct caused a loss in an amount between $550,000.00 and $1,500,000.00. At sentencing, each of the defendants face up to 30 years in prison, a $1,000,000 fine, and up to five years of supervised release. Per the terms of their plea agreements, they will also be ordered to pay restitution to the victims of their conduct in an amount to be determined by the court at the time of sentencing. A sentencing date will be set by the court in approximately 90 days.
This case is the result of an investigation by the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Julia E. Barry.
Nine-Time Felon Sentenced to over 6 Years in Prison for Illegal ReentryRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Jose Ygnacio Sosa-Ramirez, 55, a citizen of the Dominican Republic, was sentenced yesterday for illegally reentering the United States after having been previously removed, and violating the terms of his supervised release on a prior federal conviction. Chief District Judge Christina Reiss sentenced Sosa-Ramirez to a 50-month term of incarceration for having illegally reentered the United States, and a consecutive 24-month term of incarceration for violating the terms of his supervised release, resulting in a total sentence of 74 months.
According to Court records, in June of 2014, Sosa-Ramirez was convicted of conspiracy to distribute more than a kilogram of heroin in the United States District Court for the Southern District of New York, sentenced to time served (approximately 23 months), and a 2-year term of supervised release. He was subsequently deported from the United States on October 8, 2014. On October 19, 2015, Sosa-Ramirez entered the United States at the Highgate Port of Entry in Highgate Springs, Vermont, as a passenger aboard a Greyhound Bus. Sosa-Ramirez presented the Customs and Border Protection Officer an official United States passport in the name of Walter Kahigas. The Customs and Border Protection Officer referred Sosa-Ramirez to secondary inspection, after discovering a database alert associated with that identity. Sosa-Ramirez subsequently admitted the Walter Kahigas passport was obtained through fraudulent statements. Investigation of Sosa-Ramirez’s criminal history revealed he had nine prior felony convictions, including convictions for gun trafficking, document fraud, possession with intent to distribute heroin, and conspiracy to distribute heroin.
United States Attorney Eric S. Miller commended the efforts of United States Customs and Border Protection, in the arrest and prosecution of Sosa-Ramirez.
Sosa-Ramirez was represented by Bradley Stetler, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.
Natick Attorney and Former City of Worcester Housing Official Indicted on Fraud ChargesRead the Press Release
BOSTON – A real estate developer and a former City of Worcester housing official were charged in U.S. District Court in Worcester this week in connection with a $2.3 million fraud scheme relating to the redevelopment of a multi-family property in Worcester.
James E. Levin, 57, of Natick, a real estate developer and attorney, and Jacklyn M. Sutcivni, 43, of Dracut, a former employee of the City of Worcester’s Housing Development Office and Executive Office of Economic Development, were indicted for conspiracy to commit wire fraud, wire fraud, conspiracy to defraud the United States and false claims. Levin was arrested yesterday and released on conditions. Sutcivni appeared in court today and was also released on conditions.
As alleged in court documents, from July 2010 to September 2011, Levin submitted fraudulent payment requests to the City of Worcester for funding from the U.S. Department of Housing and Urban Development (HUD) to purportedly rehabilitate a multi-unit apartment building at 5 May Street in Worcester. Specifically, Levin, as the manager of 5 May Street Apartments, LLC, applied for and obtained federal funds from HUD, through the City of Worcester, to rehabilitate the building. Since the City of Worcester distributes grant funds on behalf of HUD and Massachusetts Department of Housing and Community Development (DHCD), Levin submitted seven payment requests to the City for work he fraudulently claimed he completed on the building and associated costs. Sutcivni, in her job in the City of Worcester’s Housing Development Office, approved the payment requests submitted by Levin although she knew the requests were fraudulent. It is alleged that this caused the City of Worcester to pay approximately $2,365,050 to Levin. After the City issued the payment, Sutcivni or other City officials submitted reimbursement requests to HUD or DHCD for HUD funds.
The charges of conspiracy to commit wire fraud and wire fraud each provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million, or twice the gross gain or loss, whichever is greater. The charge of conspiracy to defraud the United States provides for a sentence of no greater than10 years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The charge of submission of false claims provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The indictment also seeks monetary forfeiture in the amount of $2,365,050. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Michelle L. Dineen Jerrett of Ortiz’s Worcester Branch Office.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mission Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
LaShay Shields, age 21, was indicted on July 19, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years each in custody and/or a $250,000 fine, 3 years each of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 13, 2016, Shields assaulted, resisted, opposed, impeded, intimidated and interfered with several officers from the Rosebud Sioux Indian Tribe, while said officers were engaged in their official duties.
The charges are merely accusations and Shields is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Shields was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Kidnapping, Assault by Strangulation and Suffocation, and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assault by Strangulation and Suffocation, and two counts of Child Abuse.
Paris James Bordeaux, age 26, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 24, 2016, Bordeaux knowingly and willfully seized, confined, inveigled, decoyed, kidnapped and carried away his intimate and dating partner and held her for the purpose of assaulting her. On that same date, Bordeaux unlawfully assaulted his partner by strangling, suffocating, and attempting to do so. Two young children were subjected to the assault.
The charges are merely accusations and Bordeaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Bordeaux was released on bond pending trial. A trial date has not been set.
Milton Man Sentenced to 210 Months for Federal Child Pornography OffensesRead the Press Release
PENSACOLA, FLORIDA – Winston D. Foster, 40, of Milton, was sentenced today to 210 months in federal prison, after pleading guilty in April 2016 to production and distribution of child pornography. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In January 2016, law enforcement agents became aware that Foster was communicating via Facebook with a 12-year-old child. These communications included Foster requesting the child perform and photograph sexually explicit acts and then send him the images. Foster also sent many sexually explicit images of himself to the child. In February 2016, a search warrant was executed at Foster’s residence, and agents seized his computers and cellular telephone. A forensic review of Foster’s electronic media revealed approximately 46 images of child pornography, of which approximately 33 were of the victim.
The case was investigated by the United States Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Florida Department of Law Enforcement, Walton County Sheriff’s Office, and the North Florida Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Jeffrey M. Tharp.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Millersburg man indicted on tax chargesRead the Press Release
A Millersburg man was charged in a seven-count indictment with crimes related to fraudulently claiming more than $1.1 million in tax refunds to which he was not entitled, said U.S. Attorney Carole Rendon and Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Dennis Dean Miller was indicted on six counts of false claims and one count of obstructing internal revenue laws.
Miller falsely reported that financial institutions had withheld large amounts of federal income tax on income that did not exist in reality. He falsely filed for tax refunds of $1,121,420 for tax years 2006 through 2011, according to the indictment.
"Mr. Miller unlawfully manipulated the tax code for his own personal gain, reaping hundreds of thousands of dollars in fraudulently procured tax refunds," Enstrom said. “Taxpayers thinking about engaging in tax defier conduct, such as filing IRS Forms 1099-OID, Original Issue Discount, to avoid their federal tax obligations should think twice.”
This case is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the IRS.
If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.