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16 August 2016
Morris County, New Jersey, Husband and Wife Sentenced to Prison for Falsifying Thousands of Medical Diagnostic Reports as Part of $4.8 Million Health Care Fraud SchemeRead the Press Release
NEWARK, N.J. – Two Rockaway, New Jersey, residents who owned a mobile diagnostic testing company were each sentenced today to over six years in prison for receiving more than $4.8 million from Medicare and private insurance companies for diagnostic testing and reports that were never interpreted by a licensed physician, U.S. Attorney Paul J. Fishman announced.
Kirtish N. Patel, 54, and Nita K. Patel, 53, were sentenced to 100 and 78 months in prison, respectively. Both defendants previously pleaded guilty before U.S. District Judge William H. Walls to separate informations charging them each with one count of health care fraud. Judge Walls imposed the sentences today in in Newark federal court.
According to the documents filed in the case and statements made in Court:
From 2006 through June 2014, Kirtish and Nita Patel owned and operated Biosound Medical Services Inc. and Heart Solutions (collectively, “Biosound”), of Parsippany, New Jersey, which were mobile diagnostic companies and approved Medicare providers. The companies provided mobile diagnostic testing, including ultrasounds, echocardiograms and nerve conduction studies that were used to diagnose heart defects, blood clots, abdominal aortic aneurysms and other serious medical conditions.
Biosound technicians would travel to the office of a primary care physician in the New York and New Jersey area to conduct diagnostic testing. Biosound was responsible for sending the tests to a “reading physician” – an appropriate specialist who would interpret the results. After the reading physician prepared a report, Biosound was responsible for providing it to the referring physician. Biosound was paid millions of dollars by Medicare and other payors for the diagnostic testing, the reading physician’s interpretation of the results and the reports.
Kirtish Patel admitted to, from October 2008 through June 2014, fraudulently interpreting and writing diagnostic reports produced by Biosound despite having no medical license and knowing that the reports would be used by the referring physicians to make important patient treatment decisions. Nita Patel admitted assisting her husband in forging physician signatures on the fraudulently produced reports to make them appear legitimate. Kirtish and Nita Patel Patel also admitted falsely representing to Medicare that the neurological testing performed by Biosound was being supervised by a licensed neurologist.
More than 10,000 diagnostic reports generated by Biosound between October 2008 and June 2014 were never actually reviewed or interpreted by a physician. Kirtish and Nita Patel were paid more than $4.8 million by Medicare and private insurance companies for the fraudulent reports, which they used for personal expenses, including multiple residences and luxury vehicles.
Judge Walls also ordered Kirtish and Nita Patel to serve three years of supervised release, forfeit $4,803,875.40, and pay restitution of $4,803,875.40.
Pursuant to a civil judgment entered in July 2016, U.S. District Judge Stanley R. Chesler ordered Nita and Kirtish Patel, Biosound Medical Services and Heart solutions to pay the United States $5 million in damages and $2.75 million in civil monetary penalties.
U.S. Attorney Fishman credited special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, and the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Health Care and Government Fraud Unit in Newark.
U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $1.31 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug, and Cosmetic Act and other statutes.
Defense counsel:
Kirtish Patel: Anthony Fusco Jr. Esq. and Shay Deshpande Esq., Passaic, New Jersey
Nita Patel: Frank Arleo Esq., West Orange, New JerseyMore Than 16-Year Sentence Handed Down to South Carolina Man for Committing Murder on Federal LandRead the Press Release
ASHEVILLE, N.C. – Forrest Dakota Hill, 23, of Easley, South Carolina, was sentenced to federal prison today for 200 months for the 2015 murder of a male victim on federal land, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidinger also ordered Hill to serve five years of supervised release upon completion of his prison term.
U.S. Attorney Rose is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, Steven Kloster, Chief Ranger of the Great Smoky Mountains National Park, and Chief James Dike Sneed of the Cherokee Indian Police Department (CIPD).
According to court filings, plea documents and today’s sentencing hearing, on March 29, 2015, CIPD received a 911 call alerting officers to a stabbing that had taken place inside Oconaluftee Baptist Church, commonly known as the Smokemont Baptist Church, located within the boundaries of the Great Smoky Mountains National Park. Court records indicate that paramedics responding to the scene determined that the male victim had been stabbed and was deceased. According to court records, Hill, the victim and another individual drove to the church together, and over the course of their visit, Hill stabbed the victim with a knife during an unprovoked attack, causing the victim’s death. Following the fatal stabbing, Hill and his companion left the church and returned to Harrah’s Cherokee Casino where they picked up a companion and then departed for another local hotel.
According to court records, the victim was stabbed at least 16 times in the chest, back, neck and elsewhere. Court records indicate that the victim’s cause of death was “internal hemorrhage due to multiple stab wounds.”
“It takes a depraved person to kill another human being, but an evil one to carry out the murder inside a religious institution founded upon the belief in the sanctity of human life,” said U.S. Attorney Rose. “While we can never replace their loved one, we hope that Hill’s lengthy prison term will bring closure to the victim’s family and friends.”
“Today’s sentence ensures that a killer has been taken off our streets. I want to thank NPS and CIPD for their invaluable assistance with this investigation. This case is an example of federal and tribal law enforcement working together to bring justice to the citizens of western North Carolina,” said FBI Special Agent in Charge Strong.
“The National Park Service appreciates the coordination and cooperation of all involved agencies to bring this case to a successful prosecution,” said Chief Ranger Kloster.
Hill pleaded guilty to a second degree murder charge in April 2016. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by the FBI, NPS and CIPD. Assistant U.S. Attorney John Pritchard of the U.S. Attorney’s Office in Asheville prosecuted the case.
Miami Man Pleads Guilty to Fraud Charges for Role in $4.2 Million Home Health Care SchemeRead the Press Release
A Miami man pleaded guilty yesterday to charges related to his role in a $4.2 million home health care fraud scheme.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office made the announcement.
Ramon Collado Gonzalez, 56, pleaded guilty to one count of conspiracy to defraud the United States and make false statements in connection with a federal health care benefit program before U.S. District Judge Joan A. Lenard of the Southern District of Florida. Sentencing has been scheduled for Oct. 24, 2016.
As part of his guilty plea, Collado Gonzalez admitted that in approximately March 2014, he was recruited by Mildrey Gonzalez and Milka Alfaro, the owners of Golden Home Health Care Inc. (Golden), a home health care agency in Miami, to falsely and fraudulently represent himself to be Golden’s owner. Collado Gonzalez further admitted that in return for hiding Mildrey Gonzalez’s and Alfaro’s ownership interests, he received a monthly payment and periodic bonuses from them, despite the fact that he did not do any actual work for Golden. Instead, he simply signed Medicare applications and other documents for the purpose of facilitating submission of claims to Medicare and concealing Mildrey Gonzalez’s and Alfaro’s ownership interests, he admitted.
According to admissions made as part of the defendant’s plea, Golden received approximately $4.2 million from Medicare as a result of false and fraudulent claims submitted during the time Collado Gonzalez served as its nominee owner.
In June 2016, Mildrey Gonzalez and Alfaro were separately charged in an indictment with conspiracy to commit health care fraud, health care fraud, conspiracy to defraud the United States and pay health care kickbacks, conspiracy to commit money laundering and money laundering, among other charges.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Fraud Section Trial Attorneys L. Rush Atkinson and Lisa H. Miller are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Meridian Man Pleads Guilty to Access with Intent to View Child PornographyRead the Press Release
BOISE – Josiah Paul Yeasley, 27, of Meridian pleaded guilty on August 10, 2016, in United States District Court to access with intent to view child pornography, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, an investigative lead provided by the Child Exploitation Investigations Unit of Immigration and Customs Enforcement indicated suspected child exploitation violations associated with Yeasley’s email account. On May 20, 2015, agents with the Department of Homeland Security, with assistance from the Meridian Police Department, contacted Yeasley at his residence in Meridian, Idaho. Agents with the Department of Homeland Security conducted a consensual forensic examination of the desktop computer used by Yeasley, and recovered subject lines from Yeasley’s email account that were indicative of child pornography as well as image files containing child pornography that Yeasley had saved. Based on this information, agents with the Department of Homeland Security executed a search warrant at Yeasley’s residence on July 23, 2015, seizing a laptop computer. A forensic examination of the laptop computer revealed that Yeasley had used his accounts on the laptop computer to view images containing child pornography on the internet, and had saved a video containing child pornography. In total, agents with the Department of Homeland Security recovered 217 images containing child pornography from the desktop and laptop computers. In the plea agreement, Yeasley admitted accessing with intent to view child pornography on the desktop and laptop computers.
Sentencing is set for November 1, 2016, before Chief U.S. District Judge B. Lynn Winmill.
Access with intent to view child pornography is punishable by up to 20 years’ imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life. As part of his plea, Yeasley also agreed to forfeit the desktop and laptop computers used in the commission of the charged offense.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations, with assistance from the Meridian Police Department, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Member and Associates of the Lucchese Crime Family Plead Guilty to Extortion ConspiracyRead the Press Release
On Friday, August 12, 2016, at the federal courthouse in Brooklyn, New York, Carmine Avellino, a member of the Lucchese organized crime family of La Cosa Nostra, pleaded guilty to an extortionate collection of credit conspiracy. The proceeding took place before United States Magistrate Judge Marilyn D. Go. United States District Judge Ann M. Donnelly accepted the guilty plea earlier today. Avellino’s co-defendants, Lucchese crime family associates Michael Capra and Daniel Capra pleaded guilty to the extortion conspiracy in July and August of this year. When sentenced, the defendants each face up to 20 years in prison.
The guilty pleas were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office; and Timothy D. Sini, Commissioner, Suffolk County Police Department. Mr. Capers extended his grateful appreciation to the Suffolk County District Attorney’s Office and the City of New York Business Integrity Commission for their assistance with the case.
“Avellino, relying on his reputation as a member of the Lucchese crime family, and Lucchese associates Michael Capra and Daniel Capra, used intimidation and threats of violence to obtain payment from victims on an outstanding debt,” stated United States Attorney Capers. “These convictions make clear that we hold accountable members of La Cosa Nostra and their associates who use extortion as a tool of their trade.”
“As this case illustrates, members of La Cosa Nostra are still doing business as usual and continue to threaten victims with violence when a loan is not repaid. The FBI, working with our law enforcement partners, stand committed to rooting out organized crime enterprises in our communities,” stated FBI Assistant Director-in-Charge Rodriguez.
“We will not tolerate organized crime operating in our communities. It has no place in a civilized society. This case makes clear that law enforcement is committed more than ever to bringing criminals such as Carmine Avellino to justice,” stated Suffolk County Police Commissioner Sini.
According to prior court filings and facts presented during the guilty plea proceedings, between January and July 2010, the defendants conspired and attempted to collect a loan through the use of threats. Avellino had previously loaned one of the victims $100,000. After making the majority of the payments on the loan, the victim had difficulty repaying the remainder. The defendants then used force and coercive means, including threats of physical violence, in an attempt to collect the outstanding loan amount.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Maria Cruz Melendez and Nadia Moore are in charge of the prosecution.
The Defendants:
CARMINE AVELLINO
Age: 72
Stony Brook, New YorkDANIEL CAPRA
Age: 58
Hauppauge, New YorkMICHAEL CAPRA
Age: 52
Smithtown, New YorkE.D.N.Y. Docket No. 13-CR-632 (AMD)
Maryland Tax Return Preparer Held in Contempt of Court for Violating Court Order Barring Her from Preparing Tax ReturnsRead the Press Release
Court Orders Return Preparer to Return to Her Customers the Portion of Their Refunds Diverted to Her Own Account
A federal court in Greenbelt, Maryland, held Barbara Lynn McCarthy in contempt for preparing federal income tax returns in violation of a prior order that prohibited her from acting as a return preparer. In 2014, the District Court enjoined McCarthy, who formerly operated as Barbara’s Tax Service, from preparing tax returns.
After entry of injunction, the Internal Revenue Service (IRS) discovered that McCarthy continued preparing tax returns despite the court’s order banning her from doing so. The court held a hearing on Aug. 11, to determine whether McCarthy had prepared returns in violation of the court’s injunction. At the hearing the government established that McCarthy violated the court’s order and the court has now ordered McCarthy to return to her customers the portions of their tax refunds McCarthy diverted to herself. The court also ordered McCarthy to pay the United States $2,500 for her actions after the injunction. Finally, the court ordered McCarthy to provide the government with a list of all tax returns she prepared since the injunction was put in place.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2016. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Lower Brule Man Charged with Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Jade LaRoche, age 36, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 18, 2016, LaRoche assaulted, resisted, opposed, and interfered with two agents from the Bureau of Indian Affairs while they were engaged in the performance of their official duties.
The charge is merely an accusation and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lexington Man Admits Distributing Drugs That Caused Overdose Death of Pregnant Woman in Fayette CountyRead the Press Release
LEXINGTON, Ky. – A Lexington man has admitted that he distributed fentanyl, which caused the overdose death of a Fayette County woman who was several months pregnant.
On Monday, Fred Rebmann, 31, pleaded guilty to distributing a controlled substance that resulted in death. Under federal law, Rebmann will face a minimum of 20 years in prison and a maximum of life imprisonment and must serve at least 85 percent of his sentence.
Rebmann admitted that, in February of this year, he sold the pregnant woman what she thought was heroin. Instead, what he sold her was fentanyl, a powerful opioid as much as 100 times more potent than morphine. She consumed the drugs and died.
Toxicology reports confirmed that she had five times the therapeutic dose of fentanyl in her system and no traces of heroin or other controlled substances. The report also concluded that, had it not been for the fentanyl, she would not have died.
“This case starkly demonstrates the predatory nature of heroin trafficking,” said Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. “For less than $100, the Defendant sold an obviously pregnant woman the most deadly drug commonly available on our streets. The tragic result was all too predictable.”
U.S. Attorney Harvey, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, and Mark Barnard, Chief of Police, Lexington Police Department, jointly announced the plea.
The investigation was conducted by DEA and Lexington Police. Assistant U.S. Attorney Todd Bradbury prosecuted this case on behalf of the federal government.
Rebmann is scheduled to be sentenced on November 14, 2016. Any sentence imposed by the Court will come after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Lakewood man sentenced to jail, ordered to pay nearly $1.8 million for tax fraud involving yacht and luxury travelRead the Press Release
A Lakewood man was sentenced to a year in custody and ordered to pay nearly $1.8 million restitution and fines for taking improper write-offs and not reporting taxable income, said Carole S. Rendon, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Thomas G. Klocker, 47, was previously found guilty of four counts of tax evasion. U.S. District Judge James Gwin sentenced Klocker to six months incarceration followed by six months of home confinement. Klocker was fined $500,000 and has paid nearly $1.3 million in restitution to the IRS.
“This defendant tried to take the government on a ride by claiming costs associated with cruises on his luxury yacht as business expenses,” Rendon said. “Now he has to pay up, both financially and with his freedom.”
“Tax evasion is not a victimless crime," Enstrom said. "We all pay when others swindle the government. Tax evasion and tax fraud of this magnitude and with this degree of trickery, dishonesty and deceit, deserves to be punished."
Klocker was the sole shareholder and operator of All Metal Sales (AMS) in Westlake. He also operated TT Charter Leasing, which was in the business of chartering the luxury yacht “Tommy Time”, according to court documents.
Klocker diverted corporate funds from AMS for his own use to benefit his personal lifestyle and avoid personal income liabilities between 2007 and 2010. For example, Klocker diverted funds from AMS to construct a waterfront residence in Lakewood and to maintain his 68’ Sunseeker yacht, as well as to pay for luxury travel and to make cash withdrawals. He reported substantial business losses arising from the operating costs and expenses arising from the personal use of the TT Charter Leasing yacht, according to court documents.
He also misrepresented his personal expenses entered into AMS’ books and records by falsely describing them as legitimate business expenses. Klocker also provided false information to his tax-return preparers about expenses he described as business-related which were, in fact, personal in nature – including luxury travel with his family, according to court documents.
This case is being prosecuted by Assistant U.S. Attorneys Robert J. Patton and Suzana Koch following an investigation by the Internal Revenue Service – Criminal Investigations, with assistance from the Federal Bureau of Investigation – Cleveland Field Office.
Korean Company Fined $275,000 for Second Violation of the Act to Prevent Pollution from ShipsRead the Press Release
HONOLULU -- United States District Court Judge Leslie E. Kobayashi today accepted the guilty plea of Doorae Shipping Co., LTD, a South Korean maritime operations company, and sentenced the company to pay a fine of $275,000, and a term of three years of probation for the failure to maintain an accurate oil record book, in violation of the Act to Prevent Pollution from Ships.
According to the Information to which Doorae pled guilty, the operation of a marine vessel, such as the B. Pacific, a petroleum oil tank ship registered under the flag administration of the Marshall Islands, and operated by Doorae, generates large quantities of waste oil and oil-contaminated waste water. International and U.S. law requires that these vessels use pollution prevention equipment to preclude the discharge of these materials. U.S. law requires that the movement and transfer of oil on board a ship be accurately documented in the ship’s Oil Record Book.
Information produced to the court established that from between July 8, 2016 through July 14, 2016, during a Port State Control examination conducted by the United States Coast Guard, employees of Doorae Shipping presented the B. Pacific’s Oil Record Book to representatives of the United States Coast Guard knowing that it failed to document or acknowledge that approximately 5,400 gallons of oil contaminated bilge water had been placed into and stored in an unapproved void space neither designated nor appropriate for the storage of oil and other ship generated liquids. In addition, the Oil Record Book also failed to document the location of approximately 8,400 gallons of machinery space oil contaminated bilge water.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said "It is unacceptable for a maritime company which was convicted and sentenced to pay $950,000 in fines and penalties four months ago for violating the Act to Prevent Pollution from Ships to commit another criminal violation of the Act. This failure to properly follow the law with respect to maintaining an accurate and truthful Oil Record Book requires another conviction and sentence commensurate with Doorae’s conduct. By this prosecution and today’s sentence, we demonstrate our continuing resolve to keep our ocean environment clean, and the commercial tanker ships which port in Honolulu accountable." Doorae pled guilty and was sentenced to paying a $750,000 fine and making a $200,000 community service payment in April 2016.
"Environmental crimes are a serious threat to the health of our oceans," said Capt. Mike Long, Coast Guard Captain of the Port for Honolulu. "The Coast Guard is dedicated to enforcing all U.S. laws and international requirements to prevent marine pollution in Hawaii and all U.S. waters. This case sends a clear message that violators will be vigorously investigated and prosecuted."
The case was investigated by U.S. Coast Guard Sector Honolulu and the U.S. Coast Guard Investigative Service. The case was prosecuted by Assistant U.S. Attorney Ken Sorenson.
Konawa Woman Pleads Guilty to Theft of Government FundsRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JOANNA MARY HARJO, age 62, of Konawa, Oklahoma, pled guilty to an Information charging her with THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641.
The charges arose from an investigation by the Social Security Administration, Office of Inspector General.
The Information alleged that from in or about September 2008, to in or about March 2015, in the Eastern District of Oklahoma and elsewhere, the defendant did willfully and knowingly steal, purloin, and knowingly convert to her use, or the use of another, Supplemental Security Income benefits administered by the Social Security Administration, of a value greater than $1,000.00.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon its completion.
The statutory range of punishment is not more than 10 years imprisonment, a fine of up to $250,000.00 or both.
Assistant United States Attorney Kristin Harrington represented the United States.
Kenel Man Sentenced for Aggravated Sexual Abuse and Other Domestic Violence ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.
Denny Johnson, age 31, was sentenced to 360 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $410.
Johnson was indicted by a federal grand jury on June 17, 2014. From May 10, 2016, to May 12, 2016, following a 3-day federal jury trial in Aberdeen, South Dakota, Johnson was found guilty of 2 counts of Aggravated Sexual Abuse by Force, Assault with a Dangerous Weapon, Domestic Assault by an Habitual Offender, and Simple Assault.
The convictions stemmed from incidents between December 29, 2013 and January 10, 2014, when Johnson, who had been in a tumultuous and violent relationship since early 2000 with the victim, began to physically and emotionally abuse her. Upon arriving home, Johnson began yelling at her because he had been watching her at work and saw her interacting with a co-worker.
As Johnson was displaying hostility, the victim began to gather her belongings so she could leave. She put her clothes in a suit case and headed out of the house. As she opened the door to leave, Johnson suddenly slammed the door shut, told her she was not leaving, grabbed her by her jacket collar, jerked her to the floor, and assaulted her. As she was lying on the floor, Johnson began to repeatedly kick her on the small of her back. He knew that she had injured her back previously, which is why he was kicking her there.
The victim was able to get up and attempted to escape. Johnson again grabbed her by the jacket, but this time he cut it off of her with a large army knife he had grabbed, chased her into his bedroom, with the knife still in his hand. He also began throwing household items at her, striking her on the forehead.
Johnson retrieved her suitcase, opened it, and started taking her clothing out and cutting it with the knife. The victim tried escape out a window, but she was so nervous she could not unlock the window. Johnson returned and began walking towards her and menaced her with the knife, which was still in his hand. The victim was in a fetal position, and Johnson verbally abused her as she pleaded with him. He used the knife to cut her clothes off. After removing her undergarments with the knife, he threw her to the ground. Thereafter, he threw the knife at her, sticking it in the floor beside her, and he told her to kill herself because he could not do it. The victim refused, stating she had her children to live for so she would not kill herself.
Johnson retrieved the knife, and kicked her as she tried to crawl away from him. When she cried out, he told her to be quiet or he would kill her. Johnson then urinated on the victim. After urinating on her, Johnson told her that she stunk and ordered her to get into the shower. He turned on the cold water only and forced her to stay under the water as he poured shampoo, soap, liquid hand soap, dish soap, a bottle of Mr. Clean, and some Clorox on her head and face. He tried to dilute her with cleaning chemicals. The victim was pleading with him to stop, but Johnson grabbed a mop bucket with dirty water in it and dumped that on her as well. Following this, he ordered her out of the shower and told her to go to a bedroom. Johnson made sure that she did not have any clothes. Johnson came into the room and raped the victim in several ways. During the sexual abuse, he hit her in the face, held a knife to her throat, and forced her to perform oral sex on him.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
Justin Brouillette Sentenced to Eleven Years for Conviction on Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Justin Brouillette, 22, of Albuquerque, N.M., was sentenced today in federal court for his conviction on carjacking and firearms charges, announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD). Brouillette will serve 132 months in federal prison followed by five years of supervised release.
In announcing the sentence, U.S. Attorney Martinez said, “Although Brouillette was not a violent, repeat offender and therefore not a typical candidate for federal prosecution under our ‘worst of the worst’ anti-violence initiative, everything changed when he discharged his weapon at officers on July 8, 2015. Our message in prosecuting Brouillette in the federal system is very simple: violence against law enforcement officers will not be tolerated.”
“Today’s sentencing of Justin Brouillette, serves as a harsh reminder that the criminal use of firearms will not be tolerated,” said ATF Special Agent in Charge Atteberry. “ATF, along with our law enforcement partners, stands resolute in its commitment to put these trigger pullers behind bars.”
Chief Eden of the APD added, “The effectiveness of our partnership cannot be challenged. Dangerous criminals, especially those who attack our police officers will continue to face the federal criminal justice system. APD is grateful to our federal law enforcement agencies for their dedication and service to keeping our officers and our community safe from dangerous criminals.”
Brouillette was arrested in July 2015, on a criminal complaint after Brouillette used a firearm on July 8, 2015, to shoot at APD officers as they attempted to execute a traffic stop on him as he was driving in southeast Albuquerque. Shortly thereafter Brouillette crashed his vehicle into a Ford, and then attempted to carjack the Ford by brandishing a firearm at the Ford’s owner and ordering him out of the car. While Brouillette was attempting to carjack the Ford, APD officers drove into the area and Brouillette fled on foot after discharging the firearm at the officers for a second time.
Brouillette was indicted on July 30, 2015, and charged with being a felon in possession of a firearm, attempted carjacking, brandishing a firearm during a carjacking, and brandishing and discharging a firearm during a carjacking. According to the indictment, Brouillette committed these crimes on July 8, 2015, in Bernalillo County, N.M. On that day, Brouillette was prohibited from possessing firearms or ammunition because of his status as a convicted felon; he had two felony convictions for receiving or transferring stolen vehicles in the Second Judicial District Court for the State of New Mexico in Bernalillo County.
Brouillette pled guilty to two counts of the indictment charging him with carjacking and discharging a firearm in furtherance of the carjacking on Nov. 6, 2016. In entering the guilty plea, Brouillette admitted that on July 8, 2015, as he attempted to escape from police and collided with another vehicle, he got out of his vehicle, pointed a gun at the other driver and ordered the other driver out of his vehicle. Brouillette also admitted that he attempted to take the other vehicle but it was disabled, he fired shots at the officers who were trying to apprehend him, and then fled on foot.
This case was investigated by the ATF office in Albuquerque and APD. Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Justice Department Sues Mississippi for Discriminating AgainstAdults with Mental IllnessRead the Press Release
WASHINGTON – The Justice Department today filed a complaint against the state of Mississippi, alleging that it violates the Americans with Disabilities Act (ADA) and Civil Rights of Institutionalized Persons Act (CRIPA) by failing to provide adults with mental illness with necessary integrated, community-based mental health services. The community integration mandate of the ADA and the Supreme Court’s decision in Olmstead v. L.C. require states to make services available to people with disabilities – including people with mental illness – in the most integrated setting appropriate to their needs.
The state’s failure to provide services in community settings forces adults with mental illness to access services and care in segregated state hospitals, including the Mississippi State Hospital, East Mississippi State Hospital, North Mississippi State Hospital and South Mississippi State Hospital. Under Olmstead, unnecessarily forcing people with disabilities to enter institutions to get services constitutes unlawful discrimination.
In December 2011, after conducting a comprehensive investigation, the department found that the state’s system for serving individuals with mental health disabilities violates the ADA. The department found that the state unnecessarily institutionalizes adults and children with disabilities and fails to ensure that they have access to necessary services and supports in the community. The state has recognized these failures but has not yet implemented the required reforms to meet the needs of persons with disabilities.
“When individuals with mental illness receive the services they need, they are better able to find meaningful work, secure stable housing, build personal relationships, and avoid involvement with the criminal justice system,” said Attorney General Loretta E. Lynch. “For far too long, Mississippi has failed people with mental illness, violating their civil rights by confining them in isolating institutions. Our lawsuit seeks to end these injustices, and it sends a clear signal that we will continue to fight for the full rights and liberties of Americans with mental illness”
“When individuals with mental illness get the services they need and the care they deserve, they can live and work in their own communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Mississippi violates the ADA by denying residents with disabilities the services the law requires and the support they deserve, forcing them to cycle in and out of state hospitals, emergency rooms and jails. The Justice Department’s lawsuit demonstrates our firm commitment to vindicate the rights of people with mental illness.”
“In Mississippi, adults with mental illness receive inadequate mental health care – care that is too often in segregated, institutional placements,” said U.S. Attorney Gregory Davis of the Southern District of Mississippi. “Mississippi has not developed the necessary supports in the community to prevent unnecessary institutionalization as required by the ADA.”
The complaint alleges that gaps and weaknesses in the state’s mental health system too often subject adults with mental illness to needless trauma, especially during a crisis. According to the complaint, adults with mental illness who experience a crisis in Mississippi often spend days in local emergency rooms and jail holding facilities that are ill-equipped to address their needs, before ultimately being transported to the state’s psychiatric hospitals. This costly and traumatic process could be avoided if adults with mental illness received proven and effective services in the community to prevent and deescalate crises, enable them to maintain safe housing and assist them in finding and holding employment.
Since issuing its findings letter, the department engaged in discussions with the state to reach a settlement resolving the violations the department identified. The parties, however, were ultimately unable to come to an agreement that would ensure the needed services and supports for people with disabilities in Mississippi. In order to vindicate the rights of adults with mental illness under the ADA, the United States has filed this lawsuit under the ADA and CRIPA. The United States is also participating as amicus in ongoing litigation against Mississippi in Troupe v. Barbour, a case that addresses the state’s ADA obligations toward children with mental health disabilities. The United States remains committed to resolving all of the violations the department identified in its findings letter.
For more information on the department’s Civil Rights Division, please visit www.justice.gov/crt.
Justice Department Releases 2016 Federal Interagency Reentry Council ReportRead the Press Release
The Department of Justice today released A Record of Progress and a Roadmap for the Future – a report of the Federal Interagency Reentry Council (Reentry Council) that provides an overview of the Council’s accomplishments to date and lays out a path forward. Originally an informal collaboration among federal agencies, President Barack Obama formally established the Reentry Council in 2016 with a mission to make communities safer by reducing recidivism and victimization; help those who return from prison and jail to become productive citizens; and save taxpayer dollars by lowering the direct and collateral costs of incarceration. The report charts a course for implementing policy changes and ensuring the council’s efforts continue to serve as a guide to the reentry field.
“All too often, returning citizens face enormous barriers that persist long after they have paid their debts to society – and with over 600,000 people released from federal and state prisons every year, how we treat reentering individuals is a question with far-reaching implications for all of us,” said Attorney General Loretta E. Lynch. “That’s why the Reentry Council is dedicated to expanding access to the foundations of a stable life – employment, education, housing, healthcare, and civic participation – so that formerly incarcerated individuals can receive a true second chance, and so that every American can enjoy stronger and safer communities.”
Comprised of more than 20 federal agencies, the Reentry Council works to improve outcomes related to employment, education, housing, health and child welfare. Reentry Council agencies coordinate and leverage existing federal resources; dispel myths and clarify policies; elevate programs and policies that work; and reduce the policy barriers to successful reentry.
The Justice Department first convened the Reentry Council in 2011, in an effort to engage a wide range of federal agencies in developing and advancing innovative and comprehensive approaches to reentry. Over the last five years the Reentry Council has continued to meet in order to expand the range of tools that the government uses to ensure that individuals returning to the community from prison or jail have a meaningful chance to rebuild their lives and reclaim their futures. On April 29, 2016, President Obama issued a Presidential Memorandum formally establishing the Reentry Council, recognizing the work that the council has achieved thus far, and enabling the council to continue its work going forward. The Reentry Council is co-chaired by Attorney General Lynch and Domestic Policy Council Director Cecilia Muñoz.
In addition to the Reentry Council report, the department is issuing a Reentry Week After Action Report. During the inaugural National Reentry Week the department sponsored over 550 events designed to improve reentry outcomes and raise awareness of the importance of successful reentry. U.S. Attorney’s Offices alone hosted over 200 events, and Bureau of Prisons facilities held more than 370 events. Partners across the federal government also held events – as did state, local and nonprofit agencies across the country. Events took place in all 50 states, the District of Columbia, Puerto Rico and the Virgin Islands. National Reentry Week took place on April 23 – April 30, 2016.
Justice Department Reaches Settlement with Ecorse, MI Regarding Polling Place Access for People with DisabilitiesRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Michigan today announced a settlement under the Americans with Disabilities Act (ADA) with the city of Ecorse, Michigan, to ensure accessibility for individuals with disabilities at all of the city’s polling places. The case was commenced under the Justice Department’s compliance review authority.
Under the terms of the settlement, the city of Ecorse will make temporary and permanent changes to all of its polling places to make them accessible on Election Day before the November 2016 election. The settlement also requires that accessibility based on ADA standards will be a major criterion in the city’s selection of future polling places and so going forward, the city of Ecorse will select only polling place locations that are accessible on Election Day. The city of Ecorse will also provide training to poll workers.
“The ADA requires that people with disabilities have an equal opportunity to cast their votes at their neighborhood polling place. We are pleased that this agreement will ensure that the citizens of Ecorse can take an active part in our democracy.” said Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan.
Title II of the ADA prohibits public entities, such as the city of Ecorse, from discriminating against people with disabilities in their programs, services and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. More information about this settlement and the ADA is available at the Justice Department’s toll-free ADA Information line at (800) 514-0301 or (800) 514-0383 (TTY) and via the ADA website at http://www.ada.gov or the U.S. Attorney’s civil rights hotline at 313-226-9151.
Jesse Denver Hanes, Alleged Shooter of Hatch Police Officer, Charged with Federal Firearms and Carjacking OffensesRead the Press Release
ALBUQUERQUE –Jesse Denver Hanes has been charged with federal firearms and carjacking offenses arising out of an Aug. 12, 2016 traffic stop in Hatch, N.M., during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. The federal charges against Hanes are contained in a criminal complaint filed this morning in the U.S. District Court for the District of New Mexico.
The federal charges were announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police, and Doña Ana County Sheriff Enrique Vigil.
Hanes, 38, a resident of Columbus, Ohio, is charged with being a felon in possession of a firearm, carjacking, and discharging a firearm during a crime of violence. The criminal complaint alleges that Hanes committed these crimes in Doña Ana County, N.M., on Aug. 12, 2016. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested this afternoon on the federal charges by the FBI at a hospital in El Paso, Texas, where he is recuperating from a self-inflicted gunshot wound. His initial appearance in federal court in Las Cruces, N.M., has yet to be scheduled.
In addition to the charges in the federal criminal complaint, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the State of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
According to the federal criminal complaint, on the afternoon of Aug. 12, 2016, Officer Chavez executed a traffic stop in Hatch, N.M., on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso. Officer Chavez died later that night as a result of the gunshot wound.
The criminal complaint alleges that after Hanes and his passengers fled from the scene of the shooting in the Lexus, Hanes shot himself in the leg/groin-area. After Hanes and his passengers parted company, Hanes stopped at a rest area near Radium Springs, N.M., where he allegedly shot a motorist and carjacked the motorist’s vehicle, a Chevrolet. The motorist suffered a serious injury and remains hospitalized in stable condition.
Deputies of the Doña Ana County Sheriff’s Office located the Chevrolet allegedly carjacked by Hanes based on information provided by witnesses and gave chase. The chase ended when Hanes crashed the Chevrolet. After Hanes was taken into custody, a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, was recovered from the Chevrolet.
If convicted of the crimes charged in the federal criminal complaint, Hanes faces a statutory maximum penalty of ten years in prison for unlawfully possessing a firearm and 25 years in prison on the carjacking charge. If convicted for discharging a firearm during the carjacking, Hanes faces a mandatory minimum penalty of ten years in prison , which must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws.
Charges in criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the 3rd Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso (Texas) County Sheriff’s Office and El Paso (Texas) Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Indictment: Car Stop Turned up 22 Pounds of Meth Bound for WichitaRead the Press Release
WICHITA, KAN. – Two men were indicted Tuesday on federal charges of trying to smuggle more than 22 pounds of methamphetamine into Wichita, Acting U.S. Attorney Tom Beall said.
Hector Daniel Vazquez, 26, Wichita, Kan., and Pedro Ruben Garibay, 28, Wichita, Kan., are charged with one count of possession with intent to distribute methamphetamine.
An affidavit filed in the case alleges that on Aug. 12, 2016, a deputy with the Clark County (Kansas) Sheriff’s Office stopped a gray 2016 Volkswagen Jetta in Minneola, Kan., for a traffic violation. The officer found a .40 caliber pistol and a black gym bag containing more than 22 pounds of methamphetamine in the car. When investigators learned the methamphetamine was to be delivered to buyers in Wichita, they set up a sting operation to deliver part of the shipment. In Wichita, Vazquez and Garibay were arrested when they met the load in the parking lot of a Super 8 Motel.
If convicted, the defendants face a penalty of up to 20 years in federal prison and a fine up to $1 million. Investigating agencies include the Clark County Sheriff’s Office, the Haysville Police Department, the Drug Enforcement Administration, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wichita Police Department. Assistant U.S. Attorney Mona Furst is prosecuting.
OTHER GRAND JURY INDICTMENTS
Bill L. Miller, 56, Wichita, Kan., and Tjay B. Miller, 28, Wichita, Kan., are charged with one count of possession with intent to distribute methamphetamine. In addition, Tjay Miller is charged with one count of unlawfully possessing a firearm following a felony conviction, one count of unlawfully possessing a firearm while being a user of controlled substances and a second count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred in 2015 and 2016 in Wichita.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Unlawful possession of a firearm by a felon or a user of controlled substances: A maximum penalty of 10 years and a fine up to $250,000.
The Wichita Police Department and the Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
John J. O’Neill, 62, Wichita, Kan., president of Omni Aerospace, Inc., is charged with making a false statement on a federal tax return. The crime is alleged to have occurred April 13, 2011, in Sedgwick County, Kan.
If convicted, he faces up to three years in federal prison and a fine up to $100,000. The Internal Revenue Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Paulo Ivan Garcia, 39, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported, one count of assaulting a federal office, one count of document fraud, one count of misusing a Social Security number, one count of producing a false identification document and one count of aggravated identity theft. The crimes are alleged to have occurred in 2012 and 2016 in Ford County, Kan.
Upon conviction, the alleged crimes carry the following penalties:
Unlawful re-entry: A maximum of two years in federal prison and a fine up to $250,000.
Assaulting a federal officer: Up to eight years and a fine up to $250,000.
Document fraud: Up to 10 years and a fine up to $250,000.
Misuse of a Social Security number: Up to five years and a fine up to $250,000.
Unlawful production of an identity document: Up to 15 years and a fine up to $250,000.
Aggravated identity theft: A mandatory two years to run consecutively to other sentences.
Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Lorenzo Mejia-Juarez, 33, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 3, 2016, in Ford County, Kan.
If convicted, he faces a penalty of up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Angelica M. Mendoza-Lopez, 37, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred July 16, 2016, in Sedgwick County, Kan.
If convicted, she faces up to 20 years in federal prison and a fine up to $1 million. The Wichita Police Department investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indian Country Conference Held in Sioux City: Crimes Against Children HighlightedRead the Press Release
SIOUX CITY, IOWA – The United States Attorneys’ Offices for the Northern District of Iowa and the Districts of Nebraska and Kansas convened the 2016 Indian Country Conference in Sioux City. Over 100 victim service professionals and law enforcement officers attended the conference, entitled “Crimes Against Children.” Participants attending the conference were updated on threats facing children in Indian Country and the need for a community based response.
This annual conference began in 2007 with a particular focus on crimes in Indian Country. While the central focus remains the same—ensuring the more vulnerable people in native communities are protected and to make their homes safe—the nature and scope of the issues have continued to evolve requiring important networking and training that comes from the conference.
U.S. Attorney Kevin W. Techau recognized the importance of the conference stating, “Providing this training conference brings together allied professionals to gain more knowledge and insight so they can better assist victims.” He concluded noting, “Improving public safety and the fair administration of justice in tribal communities have been and remain top priorities for the Department of Justice.”
A noted expert on human trafficking in Indian Country, Detective Josephina Sabori, with the Pima County, Arizona Sheriff’s Department discussed victim approach and indicators, perception, luring, and best practices for establishing a rapport with victim-survivors of human trafficking. She also highlighted the AMBER Alert in Indian Country initiative and how tribal communities can develop their own comprehensive child abduction response plan.
Conference attendees also received training on the variety of continuing and emerging victim issues to better equip them to serve child crime victims in Indian Country. Among the training sessions attendees participated were workshops on child advocacy, domestic violence, violence against children, human trafficking, and working with people in crisis.
Victim-Witness Specialist for the Northern District of Iowa, Shari Konarske noted, “The successes that come from this conference does not come in a vacuum, or by any single agency, government or individual. Instead, they are the result of ongoing consultation, collaboration and coordination among many who have the same goal.”
To learn more about the Department of Justice’s efforts on tribal justice, visit: https://www.justice.gov/otj.
Follow us on Twitter @USAO_NDIA.
Houma Man Sentenced to 10 Years Imprisonment for Gun and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHAD LANDRY, age 45, of Houma, was sentenced today after having previously pled guilty to conspiring to distribute over 500 grams of methamphetamine, and unlawfully possessing a firearm in furtherance of his methamphetamine conspiracy.
U.S. District Judge Jay C. Zainey sentenced LANDRY to 120 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2013 and 2014, LANDRY was receiving quantities of methamphetamine in the mail from his Houston-based drug suppliers. Over the course of two years, the suppliers sent LANDRY approximately 25 packages via Fed Ex to LANDRY’s home in Houma. LANDRY repackaged and sold methamphetamine to friends and acquaintances in the Houma area, as well as personally used some of the methamphetamine. At the time of his arrest on or about August 13, 2014, LANDRY was in possession of approximately 7 grams of methamphetamine, numerous items of drug paraphernalia, and a Springfield XP .40 caliber semi-automatic handgun.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Terrebonne Parish Sheriff’s Office, and Louisiana State Police in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
Houma Man Sentenced to 10 Years Imprisonment for Gun and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHAD LANDRY, age 45, of Houma, was sentenced today after having previously pled guilty to conspiring to distribute over 500 grams of methamphetamine, and unlawfully possessing a firearm in furtherance of his methamphetamine conspiracy.
U.S. District Judge Jay C. Zainey sentenced LANDRY to 120 months of incarceration, to be followed by 5 years of supervised release.
According to court documents, in 2013 and 2014, LANDRY was receiving quantities of methamphetamine in the mail from his Houston-based drug suppliers. Over the course of two years, the suppliers sent LANDRY approximately 25 packages via Fed Ex to LANDRY’s home in Houma. LANDRY repackaged and sold methamphetamine to friends and acquaintances in the Houma area, as well as personally used some of the methamphetamine. At the time of his arrest on or about August 13, 2014, LANDRY was in possession of approximately 7 grams of methamphetamine, numerous items of drug paraphernalia, and a Springfield XP .40 caliber semi-automatic handgun.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration, the Terrebonne Parish Sheriff’s Office, and Louisiana State Police in investigating this matter. Assistant United States Attorney Brandon S. Long was in charge of the prosecution.
Honduran Man Pleads Guilty to Illegally Reentering the United States After Having Been Previously DeportedRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Salvador Lopez-Hernandez, of Honduras, has pleaded guilty to reentering the United States after having been deported previously.
Lopez-Hernandez pleaded guilty before United States District Judge Landya B. McCafferty to an indictment that had been returned by a federal grand jury on July 13, 2016.
According to court filings and statements in Court, a Deportation Officer developed information indicating that Salvador Lopez-Hernandez, a Honduran national, was present in the United States after having been deported on a previous occasion. On June 15, 2016, Deportation Officers approached the defendant who confirmed that his name was Salvador Lopez-Hernandez and that he was illegally present in the United States without any immigration documents. His identity later was confirmed through fingerprint information.
Lopez-Hernandez will be sentenced at 10:00 AM on November 22, 2016, and will be deported after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
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Hells Angels President Sentenced on Drug 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 Richard W. Mar, 64, of Monterey, California, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine was sentenced to 10 years in prison by U.S. District Judge Charles J. Siragusa. Mar was also prohibited by Judge Siragusa from being a member of or associating with the Hell’s Angels for four years after his release from prison.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, from 2002 through July 2010, Mar – the President of the Hell’s Angels, Monterey (California) Charter at the time – supplied significant quantities of methamphetamine to a methamphetamine trafficking network operating in the Western District of New York. The leader of the network was James H. McAuley, Jr. – a member and Vice President of the Rochester Hell’s Angels. During the conspiracy, McAuley and other members of the conspiracy traveled to the Monterey, California, on numerous occasions to obtain pound-size quantities of methamphetamine from Mar, in exchange for cash. The methamphetamine was be transported and/or shipped from California to the Rochester area, where other members of the conspiracy would sell and distribute it to their customers.
In April 2007, McAuley was arrested on federal racketeering charges in the Northern District of New York. After his arrest and incarceration, McAuley continued to maintain control over the methamphetamine trafficking operation. Mar, acting at the direction of McAuley, distributed pound-size quantities of methamphetamine to McAuley’s wife, Donna Boon. Boon and other members of the conspiracy sold and distributed the methamphetamine to individuals in the Rochester area, Genesee County, and other locales. Mar, who admitted to trafficking up to 15 kilograms of methamphetamine during the course of the conspiracy, continued to supply the methamphetamine trafficking network until July 2010.
The sentencing is part of a larger investigation that resulted in the indictment and arrest of seven members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants – including Mar – were charged and convicted of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Also convicted were:
James McAuley, sentenced to 300 months in prison; Donna Boon, sentenced to probation and 12 months home incarceration; Gordon L. Montgomery, sentenced to 60 months in prison; Jeffrey A. Tyler, sentenced to 18 months in prison; Richard E. Riedman, sentenced to 37 months in prison; and
Paul Griffin, sentenced to probation.In addition, Rochester Hell's Angels member Robert W. Moran, Jr., a/k/a Bugsy, was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Gina Tata was convicted of being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Defendant Timothy M. Stone was convicted of being an accessory after the fact to the assault.
On May 31, 2006, Moran – a member and officer of the Rochester Hell’s Angels – assaulted a patron, who made disparaging remarks about motorcycle clubs, at Spenders Bar on Lyell Avenue in Rochester with a baseball bat. Moran committed the assault in order to maintain his position in the Rochester Hell’s Angels. Gina Tata, who was the bartender at Spenders Bar at the time of the assault, tried to help Moran escape arrest and prosecution for the assault. Timothy Stone destroyed the hard drive and the baseball bat used to commit the assault. Moran was sentenced to 18 months in prison, Tata received probation and Stone was sentenced to 12 months in prison.
Today’s sentencing is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.
Hardy County man sentenced for unlawful possession of firearmRead the Press Release
ELKINS, WEST VIRGINIA – Steven Michael Hawley, 29, of Moorefield, West Virginia, was sentenced today to 60 months in prison for illegally possessing a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Hawley, who was previously convicted of “Unlawful Assault” in Hardy County, West Virginia, was discovered to be in possession of a .40 caliber pistol last year in Grant County, WV. Hawley pled guilty in May 2016 to one count of “Felon in Possession of a Firearm.”
Assistant U.S. Attorney Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge John Preston Bailey presided.
Garland Man Sentenced to Serve a Total of 30 Years in Federal Prison on Child Pornography and Firearm ChargesRead the Press Release
DALLAS — Brandon Gregory Leal, 36, of Garland, Texas, was sentenced Monday by U.S. District Judge David C. Godbey to serve a total of 360 months in federal prison following his guilty pleas in March and April 2016 to child pornography and firearms offenses as charged in two Northern District of Texas (NDTX) cases, announced U.S. Attorney John Parker of the NDTX.
In one case, Leal pleaded guilty to one count of attempted receipt of child pornography and one count of possession of a firearm by a prohibited person. He received 240 months on that child pornography conviction and 120 months on the firearm conviction, to run consecutively.
In the subsequent case, Leal pleaded guilty to one count of transportation of child pornography and was sentenced to 240 months in federal prison and ordered to pay more than $58,000 in restitution. That sentence will run concurrently to the first sentence imposed.
In the first case, special agents with the FBI executed a search warrant at Leal’s residence in Garland, Texas, in July 2015, that he shared with Amber Nichole Williams, with whom he was involved in a romantic relationship. Leal was present during the search; both Leal and Williams were interviewed that day. Pursuant to the warrant, agents found and seized computers and other digital material. They also seized an AR-15 rifle and a 9mm handgun from the residence.
Leal admitted that he used the Tor chat network to obtain child pornography, admitting he had an addiction to child porn. Leal admitted that he had hundreds of images of prepubescent child pornography depicting prepubescent female children, including images of penetration, bestiality and bondage. In June 2015 he attempted to receive an image of an actual minor engaged in sexually explicit conduct. Leal had been convicted in 2002 for, among other things, possession of child pornography, and was sentenced to 40 months’ confinement while he served in the military.
Amber Nichole Williams, 31, was subsequently indicted in October 2015 on three counts of destruction, alteration or falsification of records and one count of making false statements. The indictment alleges that she made a false entry in Leal’s phone to make it appear that his phone was used to contact another sex offender, and she also destroyed and concealed a flash drive, knowing it contained child pornography, as well as a flip phone, that contained evidence of enticement of a minor. The indictment further alleges that she lied to FBI agents about whether she knew that Leal had any sexual relationships with minors, when in fact, Leal had told her that he had. Williams remains in custody; her trial is set for December 12, 2016, before U.S. District Judge Jane J. Boyle.
According to documents filed in the subsequent case, in December 2014, Leal drove from Canada into the U.S. through the Houlton, Main, port of entry. Border Agents became suspicious of his activity and contacted U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) for assistance. While Leal was allowed to leave the port of entry, his computer, along with its internal hard drive, an external hard drive and a thumb drive, were retained for further inspection. A forensic examination revealed that the computer contained multiple images of child pornography and the thumb drive contained at least an additional 350 images of child pornography. Leal admitted that at least one image is of an actual minor child. He further admitted that some of the images and videos he possessed depicted sadistic acts involving children, and that some of the images and videos depicted infants or toddlers.
This year marks the 10th anniversary of the Project Safe Childhood (PSC) initiative. PSC is a department initiative launched in May 2006 to combat the proliferation of technology-facilitated sexual exploitation crimes against children. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, tribal and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. Since FY 2011, the Department of Justice has filed 20,260 PSC cases against 19,111 defendants. These cases include prosecutions of child sex trafficking; sexual abuse of a minor or ward; child pornography offenses; obscene visual representation of the sexual abuse of children; selling or buying of children; and many more statutes. To learn more about PSC’s work, please visit: https://www.justice.gov/psc.
The FBI, ICE HSI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Garland and Mesquite Police Department investigated the cases. Assistant U.S. Attorneys Lori Walker and Camille Sparks prosecuted.
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Former University of Miami Director of Finance Sentenced for Tax EvasionRead the Press Release
A former University of Miami Director of Finance was sentenced to 37 months in prison, to be followed by 1 year of supervised release for committing tax evasion and failing to report to the Internal Revenue Service (IRS) $2.3 million that she embezzled from the university.
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.
Kimberly Jean Miller, 58, previously pled guilty to four counts of tax evasion, in violation of Title 26, United States Code, Section 7201.
According to court documents, from 2002 until 2012, Miller was the director of finance at the University of Miami's Rosensteil School of Marine and Atmospheric Science (RSMAS). The defendant's job responsibilities included overseeing the payment of RSMAS's vendor invoices. Between 2002 and 2012, Miller used her authority at RSMAS to embezzle $2.3 million from the University of Miami by falsifying invoices from a vendor called International Assets. Specifically, Miller altered the International Assets invoices so that the company name would appear as "Inter, Inc." and the checks would be mailed back to RSMAS, instead of to International Assets directly. Miller then deposited the "Inter, Inc." checks into a business bank account in the name Intercontinental Oceans, Inc., a company Miller opened in 1993.
Between 2008 and 2011, Miller prepared her own tax returns and knowingly failed to report to the IRS the money she had unlawfully obtained through her embezzlement scheme. Miller owes the IRS an additional $329,020 in income taxes for her 2008 through 2011 tax returns.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case was prosecuted by Assistant U.S. Attorney Amanda Perwin.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Former Sheriff’s Deputy Sentenced to Federal Prison for Selling Firearms to Prohibited PersonRead the Press Release
Contact Person: Nick Bianchi (843) 727-4381
Columbia, South Carolina---- Acting United States Attorney Beth Drake stated today that Tony Allen Riley, age 62, of Goose Creek, SC, was sentenced yesterday in federal court in Charleston, South Carolina, for selling a firearm to a person he knew to be under indictment for a crime punishable by imprisonment for a term exceeding one year. Senior United States District Judge Margaret B. Seymour of Charleston sentenced Riley to twelve months and one day imprisonment, to be followed by one year of supervised release.
Evidence presented at the change of plea hearing established that in December 2013, on two separate occasions, Riley sold firearms to an individual that Riley knew to be under indictment for a crime punishable by imprisonment for a term exceeding one year. At the time Riley sold the firearms, he was employed as a deputy with the Berkeley County Sheriff’s Office, where he had previously held the rank of lieutenant prior to his retirement in 2008 and subsequent return to the Sheriff’s Office in 2009.
Acting U.S. Attorney Beth Drake said, “Community policing is a time-honored practice here in our state. Effective community policing is founded on both the desire of officers to protect and serve and the trust of the people the officers serve. That trust is critical to both the safety of our officers and our communities. For this reason, both the FBI and the U.S. Attorney’s Office, working hand-in-hand with the Department of Justice, will give top priority to prosecuting those few officers who commit abuses, dishonoring their badge and the bravery and integrity of their fellow officers.”
The case was investigated by agents of the Federal Bureau of Investigation (FBI). Assistant United States Attorney Nick Bianchi of the Charleston office prosecuted the case.
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Former Monroe County Resident Sentenced to More Than 58 Years in Federal Prison for Repeated Sexual Exploitation of ChildrenRead the Press Release
A Monroe County man was sentenced today to more than 58 years in prison for producing child pornography documenting his own sexual assaults of young children, announced United States Attorney Barbara L. McQuade.
McQuade was joined in the announcement by Special Agent in Charge David P. Gelios, Federal Bureau of Investigation, Detroit Division.
Jason Wayne Soper, 34, was sentenced by U.S. District Judge Gerald E. Rosen.
According to court records, Soper produced videos and images of his own sexual assaults of several children, ages three to seven years old. Soper traded the images and videos he produced to other individuals over the Internet in exchange for pornographic images depicting infants and toddlers. Soper distributed some of the images to an undercover FBI agent, which led to his identification, arrest and the rescue of multiple children. Soper admitted to sexually assaulting several other children, and to having committed sexual assault crimes against two of the children for most of their lives.
"Child predators who create child pornography victimize children twice, first by sexually assaulting them and again by sharing it with others on the Internet." McQuade said. "We are grateful for the undercover work by the FBI in this case that led to the rescue of young children."
"The depravity of this case shocks the conscience, and exemplifies the horrific and unspeakable crimes committed against the most vulnerable members in society, our youth” said David P. Gelios, Special Agent in Charge, FBI Detroit Division. “The message should be clear: Protecting our children from predators is a top priority of the FBI. We are committed to identifying those, like Soper, who sexually exploit children and working with the U.S. Attorney’s Office to seek the prosecution of those individuals to the fullest extent of the law.”
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Kevin M. Mulcahy.
Former CEO charged in federal fraud caseRead the Press Release
Avon man is alleged to have stolen hundreds of thousands from Indiana utility company
Indianapolis – United States Attorney Josh Minkler announced that Donnis Mizelle, 55, of Avon, Indiana, was charged today in federal court with defrauding Hendricks Power Cooperative, a local electric utility company, headquartered in Avon, where Mizelle had served as Chief Executive Officer. Mizelle allegedly used his position as CEO and access to the company’s expense account to embezzle over $500,000 over a six-year period. Mizelle has agreed to plead guilty to the charge.
“CEOs hold positions of special trust and authority, not only in the companies they serve but as leaders in society. We expect them to act with integrity,” Minkler said. “Exploiting that special trust for personal gain is an egregious crime, especially when those defrauded are friends and neighbors in a community that the CEO was hired to serve. This Office will vigorously prosecute such crimes, doing its part to ensure that business leaders act with the integrity we expect.”
Mizelle is alleged to have routinely siphoned funds from the company’s expense account for his own personal use. As CEO, Mizelle was permitted to seek reimbursement for legitimate business expenses that he incurred. Since at least 2009, though, Mizelle submitted dozens of fraudulent expense reports that disguised personal expenses as business expenses. And as a result, the Hendricks Power Cooperative paid Mizelle hundreds of thousands of dollars for purely personal purchases.
For instance, on an April 2009 expense report, Mizelle claimed and received approximately $650 for a purported business entertainment expense. According to the federal charges, however, there was no business entertainment expense. Mizelle had actually purchased a black sapphire bracelet and Mont Blanc pen from a local jewelry store for his personal use. Similarly, on an October 2014 expense report, Mizelle claimed and received $1,250 for purportedly sponsoring a business-related dinner event. According to the charges, Mizelle had actually purchased a Eurail train pass for an upcoming family vacation in Europe.
The charges allege that Mizelle’s scheme was wide-ranging. Over time, he would come to submit false expense reports on an almost monthly basis, each containing multiple fictitious entries. His fraudulent claims allegedly resulted in reimbursement checks not only for personal vacations and jewelry, but also for iPhones and iPads, tickets to sporting events, clothing, meals, and even groceries. No amount was too small. As another example, on a January 2012 expense report Mizelle claimed and received approximately $20 for a business lunch. According to the charges, however, this claim actually related to a pizza delivery he ordered to his home on a Friday night.
Assistant United States Attorney Nick Linder, who is prosecuting the case for the government, said that Mizelle will formally plead guilty at a future court hearing and faces up to twenty years in prison, a substantial fine, and an order to pay restitution to the victim.
Felon in Possession of A Firearm Sentenced in Federal CourtRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger sentenced today a Transylvania Co. man to 41 months in prison for a federal firearms violation, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Bobie James Gibbens, 27, of Penrose, N.C. was also ordered to serve three years under supervised release upon completion of his prison term.
U.S. Attorney Rose is joined in making today’s announcement by C.J. Hyman, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, Sheriff David A. Mahoney of the Transylvania County Sheriff’s Office and Chief John Phillip Harris, Jr. of the Brevard Police Department.
“Gibbens is a convicted felon who illegally possessed a loaded sawed-off shotgun and ammunition in a house occupied by young children. Unlawful gun possession is a serious offense and my office is committed to working closely with our law enforcement partners to identify and prosecute those who violate federal firearms laws,” said U.S. Attorney Rose.
“This investigation is another example of ATF working with our law enforcement partners to enforce the federal firearms laws and to keep our communities safe,” said ATF Special Agent in Charge Hyman.
According to filed court documents and statements made in court, on January 14, 2016, officers from the Transylvania County Narcotics Task Force executed a state search warrant at Gibbens’ residence. Court records show that while executing the search warrant, law enforcement recovered from the residence a Harrington & Richardson Topper Junior model 88 .410 gauge shotgun which had a sawed-off barrel and various caliber ammunitions, as well as narcotics and other drug paraphernalia. Court records show that Gibbens has multiple prior state offenses, including felony possession of stolen goods, breaking and entering, and sale/delivery of a controlled substance, and he is prohibited from possessing a firearm. Gibbens pleaded guilty in May 2016 to one count of possession of a firearm by a convicted felon.
Gibbens is currently in federal custody and he will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by ATF, the Transylvania County Sheriff’s Office and the Brevard Police Department. Assistant U.S. Attorney Don Gast of the U.S. Attorney’s Office in Asheville prosecuted the case.
Federal Agencies Issue Joint Guidance to Help Emergency Preparedness, Response and Recovery Providers Comply with Title VI of the Civil Rights ActRead the Press Release
The Departments of Justice, Health and Human Services, Housing and Urban Development, Homeland Security and Transportation today issued joint guidance to help ensure that recipients of federal financial assistance do not discriminate against individuals and communities on the basis of race, color or nation origin when providing emergency preparedness, response and recovery services.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in federally-funded programs or activities. Discrimination in a recipient’s emergency response measures violates Title VI of the Civil Rights Act of 1964.
The guidance suggests a series of steps recipients can adopt now to ensure compliance:
- Share information about housing, health services or other emergency-related services and nondiscrimination rights to diverse racial, ethnic and Limited English Proficient (LEP) populations;
- Engage with and seek input from diverse racial, ethnic and LEP populations to determine how best to tailor emergency planning, response and recovery efforts;
- Widely disseminate evacuation and disaster preparedness plans, including to LEP populations;
- Ensure that all entities know that most public services for protection of life and safety provided by recipients of federal financial assistance do not have immigration status restrictions; and
- Routinely collect and analyze information about the potentially affected populations to help ensure effective, nondiscriminatory allocation of resources and services.
“In times of emergency, the law requires that federal funding recipients provide equal services to all people and all communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This guidance will help ensure that individuals in need of assistance are not discriminated against during future hurricanes, wildfires and other catastrophic events.”
“Our guidance reminds recipients that Title VI compliance obligations are not up for debate,” said Director Leslie Proll of the Departmental Office of Civil Rights for the Department of Transportation. “It applies at all times and cannot be waived before, during, or in the aftermath of emergencies and disasters.”
Additionally, two new resources are being issued today to assist recipients of federal financial assistance: the Department of Justice’s Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness, Response and Recovery; and the Department of Health and Human Services’ Checklist for Recipients of Federal Financial Assistance, which facilitates the integration of the whole community into emergency-related activities.
“Discriminatory practices in health care can be life-threatening and this is especially true in emergencies and disaster situations,” said Director Jocelyn Samuels of the Department of Health and Human Services’ Office for Civil Rights. “This guidance will help leaders in the emergency management community understand their obligations under Title VI and the critical steps they can take to best serve the whole community, including individuals with access and functional needs.”
Both resources and the guidance can be found on the agencies’ websites and the new civil rights section of the Federal Emergency Management Agency (FEMA) website at www.fema.gov/media-library/assets/documents/26070.
“Discrimination has no place in the disaster response and recovery process.” said Director Willisa Donald of FEMA’s Office of Equal Rights. “Everyone must be treated equally when it comes to supporting survivors in their greatest time of need and this guidance will build on our work to make sure those we partner with share our values of fairness and equality.”
“Complying with Title VI requirements, as well as requirements to ensure equal access to persons with disabilities as required by federal civil rights law, becomes even more important during emergencies and disasters in order to ensure that no one is unjustly denied critical services and support,” said Megan H. Mack, Officer for Civil Rights and Civil Liberties of the Department of Homeland Security. “The guidance embraces the principles of the National Preparedness Goal and National Planning Frameworks in which the federal government seeks to enable the whole community, including but not limited to those from racial and ethnically diverse backgrounds, and persons with limited English proficiency, to contribute to and benefit from national preparedness.”
“Families who lose their homes to natural disasters shouldn’t have their loss compounded by discrimination at a time when they are struggling to put that essential component of their lives back together,” said Gustavo F. Velasquez, Assistant Secretary for Fair Housing and Equal Opportunity for the Department of Housing and Urban Development. “The joint guidance makes it clear that recipients of federal funding have an obligation to treat every person affected by national emergencies equally.”
The Civil Rights Division and the agencies’ offices for civil rights are responsible for enforcing Title VI by ensuring that their recipients of federal financial assistance do not discriminate on the bases of race, color or national origin. Additional information about these offices is available through the following links:
Department of Justice’s Civil Rights Division at www.justice.gov/crt; Office of Justice Program’s Office of Civil Rights at http://ojp.gov/about/offices/ocr.htm; Office for Access to Justice at www.justice.gov/atj; Department of Homeland Security’s Office for Civil Rights and Civil Liberties at www.dhs.gov/office-civil-rights-and-civil-liberties; Department of Health and Human Service’s Office for Civil Rights at www.hhs.gov/ocr/; Department of Housing and Urban Development’s Fair Housing and Equal Opportunity Office at www.portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp; and Department of Transportation’s Departmental Office of Civil Rights at www.transportation.gov/civil-rights.
Emergency Preparedness Guidance
Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness
Checklist for Recipients of Federal Financial Assistance
Father and Sons Plead Guilty in Schemed to Obstruct the IRSRead the Press Release
JOHNSTOWN, Pa. - Three residents of Rockwood, Pa., each pleaded guilty in federal court in Pittsburgh to a charge of conspiracy, United States Attorney David J. Hickton announced today.
George R. Beener and his sons Kerry Beener and Kevin Beener pleaded guilty to one count each before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that, between March 2010 and February 2016, George R. Beener, Kerry Beener and Kevin Beener engaged in a conspiracy to impair, impede, and obstruct the functions of the Internal Revenue Service in the computation, assessment and collection of income tax.
Judge Schwab scheduled sentencing for each of the defendants on Dec. 12, 2016, beginning at 8:30 a.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both for each of the defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Internal Revenue Service/Criminal Investigation conducted the investigation that led to the prosecution of the Beeners.
Eight Charged with Conspiring to Traffic Synthetic Drugs into United States from ChinaRead the Press Release
HARRISONBURG, VIRGINIA – Seven individuals who are alleged to have been members of a conspiracy that trafficked controlled substances, including controlled substance analogues (also called synthetic drugs) from Asia that eventually made their way to the streets of Harrisonburg for distribution, have been indicted by a federal grand jury sitting in the United States District Court for the Western District of Virginia in Harrisonburg.
After the synthetic drugs arrived in the United States, this conspiracy distributed them to locations in the Western District of Virginia, New York, Illinois, Pennsylvania, Oregon, North Carolina, South Carolina, Georgia, Texas, Ohio and Michigan. An eighth man, who has pled guilty to being part of the conspiracy, has admitted to providing the drugs to a sub-distributor in Harrisonburg, United States Attorney John P. Fishwick Jr. announced today.
In a superseding indictment filed under seal July 19, 2016 and unsealed in recent weeks following the arrests and initial court appearances of the defendants, the grand jury has charged Jason Bradley, 38, of Chicago, Illinois, his wife, Deborah Ryba, 37, also of Chicago, Ryan Buchanan, 35, of Downers Grove, Illinois, Brian Lister, 29, of Buffalo Grove, Illinois, Nicholas Purintun, 30, of Downers Grove, Illinois, Nayna Taylor, 55, of Charlotte, North Carolina and Edward Taylor, 66, of Charlotte, North Carolina.
According to the superseding indictment, from March 2011 to October 2015, the defendants conspired to traffic controlled substances, including controlled substance analogues, from China and other Asian countries to the United States, including areas in the Western District of Virginia, for the purpose of human consumption. At times during the conspiracy, Jason Bradley and Deborah Bradley lived in China and Thailand and shipped synthetic drugs directly to other members of the conspiracy, who then redistributed them to various locations throughout the United States. The superseding indictment also alleges that some members of the conspiracy engaged in a conspiracy to commit money laundering transactions.
A related conspirator, Robert Justin Schroeder, 36, also from the Chicago, Illinois area, pled guilty under seal in May 2016 to one count of conspiracy to distribute and possess with the intent to distribute controlled substance analogues, and one count of conspiracy to launder money. Schroeder’s guilty plea was unsealed recently in Federal Court in Harrisonburg. Schroeder has admitted that the synthetic drugs would arrive from China packaged in a variety of ways to avoid detection, including smuggled inside of cosmetic fingernail dryers, children’s toys and stuffed animals. Schroeder also admitted that one of his sub-distributors was located in the Harrisonburg-area, and that this individual obtained controlled substance analogues from Schroeder and redistributed them to customers throughout the Harrisonburg-area in the Western District of Virginia. According to Schroeder, this conspiracy was a major wholesale supplier of synthetic drugs to distributors who were shut down during Operation Log Jam, the DEA’s nationwide federal roundup of synthetic drug distributors in 2012. Schroeder admitted that the conspiracy earned over 1 million dollars selling the synthetic drugs.
Those charged in the recently unsealed superseding indictment are as follows:
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Jason Bradley, 38, of Chicago, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Deborah Ryba, 37, of Chicago, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Ryan Buchanan, 33, of Downers Grove, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and two counts of money laundering conspiracy.
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Brian Lister, 29, of Buffalo Grove, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and one count of money laundering conspiracy.
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Nicholas Purintun, 30, of Downers Grover, Illinois: one count of drug trafficking conspiracy, one count of conspiracy to import controlled substances (including controlled substance analogues), and one count of money laundering conspiracy.
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Nanya Taylor, 55, of Charlotte, North Carolina: one count of drug trafficking conspiracy.
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Edward Taylor, 66, of Charlotte, North Carolina: one count of drug trafficking conspiracy.
The investigation of the case was conducted by the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), United States Postal Inspection Service (USPIS), Virginia State Police, Michigan State Police, and the Burlington Police Department in North Carolina. Assistant United States Attorney Grayson A. Hoffman will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
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Detroit Man Admits Distributing Drugs that Caused Overdose Death of Madison County ManRead the Press Release
The guilty plea serves as a landmark prosecution in the efforts to disrupt Detroit’s drug pipeline to Kentucky
LEXINGTON, Ky. – The leader of a drug trafficking organization that brought significant amounts of heroin and fentanyl from Detroit, Mich., to Richmond, Ky., has admitted that he distributed fentanyl that caused the overdose death of a Madison County resident earlier this year.
On Monday, Navarius Westberry, 38, originally from Michigan, but living in Lexington, pleaded guilty to distributing a controlled substance resulting in an overdose death. Westberry faces a minimum of 20 years and a maximum of life in prison, without parole. He will be sentenced on November 8, 2016.
Westberry admitted that, from January 2014 until August 2015, he organized and operated a drug trafficking organization in Richmond that distributed between 750 and 1,000 grams of heroin and 50 grams of fentanyl. Westberry also admitted that, in March 2016, he supplied heroin and fentanyl that led to the overdose death of 25 year-old Corey Brewer. The toxicology report and autopsy showed that Brewer’s death was caused by toxic levels of fentanyl.
One of Westberry’s co-defendants, Benjamin Fredrick Charles Robinson, 21, also from Detroit, previously pleaded guilty to distributing fentanyl that caused another overdose. That victim survived the overdose after receiving medical treatment. Robinson is subject to the same penalty range, as Westberry. Both defendants must serve at least 85 percent of the prison sentences imposed at their upcoming sentencing hearings.
“We have known for some time that the Detroit area is a significant source of supply for the growing amounts of heroin, fentanyl, and other narcotics that are devastating so many Kentucky communities,” said Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. “The evidence indicates that the leaders of this conspiracy relocated to Central Kentucky for the sole purpose of establishing a heroin distribution network in our communities. The results, were deadly. This case represents a significant victory in our ongoing efforts to disrupt the “Detroit Pipeline” and is a shining example of effective collaboration between federal and local law enforcement agencies.”
This case marks the first time the U.S. Attorney’s Office for the Eastern District of Kentucky has applied the federal overdose provisions in a case involving defendants from Michigan whose distribution of drugs in Kentucky caused an overdose.
Three others, including Kevin Feltner, 24, of Richmond, Dion Terry Taylor, 23, from Detroit, and Kathy Lashell Brown Miller, 30, also of Richmond, have previously pleaded guilty to their roles in the drug conspiracy and are awaiting sentences.
U.S. Attorney Harvey, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, and Robert Mott, Acting Police Chief, Richmond Police Department, jointly announced the plea.
The investigation was conducted by the DEA and the Richmond Police. Assistant U.S. Attorney Todd Bradbury prosecuted this case on behalf of the federal government.
Any sentence imposed will come after the Court considers the U.S. Sentencing Guidelines and the federal statutes.
Columbus Bank Robber Sentenced to 17 Years ImprisonmentRead the Press Release
United States Attorney G.F. “Pete” Peterman, III, announced that Victor Butler, age 59, of Columbus, Georgia, was sentenced on August 16, 2016, in Columbus, Georgia, by the Honorable Clay D. Land, United States District Judge, to serve a total of 204 months (17 years) imprisonment, without parole, for bank robbery.
Mr. Butler entered a guilty plea on January 28, 2016, to the robbery of the SunTrust Bank, 2050 Auburn Avenue, Columbus, GA. Mr. Butler approached a bank teller and presented a handwritten demand note stating that this was a robbery. The note also stated that he had a bomb so the teller should do everything he told her to do. Mr. Butler threatened to blow them up if his instructions were not followed, motioning to a backpack he was carrying as evidence of the bomb threat and showed an electronic device which looked like a detonating device to the teller.
Mr. Butler was provided approximately $2,000.00 and fled the bank. The robbery was recorded on video surveillance. Mr. Butler was not wearing anything to hide his identity.
Investigators released an image of the robber to the Columbus media to request the public’s assistance in identifying him. Responses were received from Mr. Butler’s pastor and his probation officer, both of whom positively identified him as the individual from the video who robbed the SunTrust Bank. Mr. Butler was arrested the next day for the robbery. The backpack he used in the robbery was also found by police where he discarded it after the robbery. No evidence of explosives was found with it.
This was Mr. Butler’s third conviction for robbing a federally insured or operated institution. He has previously been convicted for armed bank robbery in 2002 and attempted robbery of a Post Office in 2006. In each of these three robberies Mr. Butler claimed to his victim that he had a bomb in order to secure their cooperation.
“For the past fifteen years this bandit has bullied his victims with the claim that he had a bomb in his backpack. With the lengthy and well-deserved sentence imposed today, he will not have the opportunity to repeat his depredations for a very long time, if ever,” said United States Attorney Pete Peterman.
The case was investigated by the Columbus Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Michael Solis prosecuted this matter on behalf of the United States.
Coal Truck Owner Sentenced to 3-Months’ Home Detention, Owner and Company Pay over $375,000 in Fines, Restitution, and PenaltiesRead the Press Release
ABINGDON, VIRGINIA – A Big Stone Gap coal trucking company and its owner, who previously pled guilty to violating the Federal Mine Safety and Health Act by providing advance notice of safety inspections, were sentenced yesterday in Federal Court, United States Attorney John P. Fishwick Jr. announced.
Hillis Bresee and Bresee Trucking, violated the Federal Mine Safety and Health Act, in approximately February 2012, by giving advance notice of safety inspections and failing to ensure adequate inspections of coal haul tractor-trailers, including braking systems. Hillis Bresee, 63, of Pennington Gap, Va. was sentenced to three years’ probation, which includes a three-month period of home detention with electronic monitoring. Bresse Trucking was sentenced to three years’ probation. In addition, Hillis Bresee and Bresee Trucking must pay $300,000 in civil penalties, a total of $70,000 in restitution to two former employees of the company, and fines of $5,000. The payments must be completed within one year.
“Mining companies and their owners and operators must know that providing advance warning of the presence of safety inspectors who visit mining operations will not be tolerated,” United States Attorney Fishwick said today. “This case also demonstrates the need for mining companies to maintain adequate safety inspection records, maintain safety systems on equipment, and comply fully with the Federal Mine Safety and Health Act. The employees who work in this industry deserve no less.”
The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration. Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney Kevin Jayne prosecuted the criminal case for the United States. The civil proceedings were handled by J. Matthew McCracken of the United States Department of Labor, Office of the Solicitor.
Clinton Man Convicted for Federal Heroin Distribution ConspiracyRead the Press Release
Greenbelt, Maryland – A federal jury convicted Olden Minnick, a/k/a “O,” age 53, of Clinton, Maryland, today on charges connected to a conspiracy to distribute heroin and marijuana.
The guilty verdict was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Assistant Director in Charge Paul M. Abbate of the Federal Bureau of Investigation - Washington Field Office; Chief Hank Stawinski of the Prince George’s County Police Department; Chief James W. Johnson of the Baltimore County Police Department; and Commissioner Kevin Davis of the Baltimore Police Department.
According to the evidence presented at his four-week trial, from June 2012 to December 3, 2014, Minnick conspired with Terrance Stanback, Sean Wilson, Christian Byrd, and others to distribute heroin and marijuana. From at least June 1, 2014 to December 3, 2014, Minnick used residences in Clinton, Maryland and Capitol Heights, Maryland, for the distribution and storage of heroin and other controlled substances. Over the course of the conspiracy Minnick used cellular telephones to arrange for the distribution of heroin and was intercepted on several occasions in 2014 arranging to provide distribution quantities of heroin.
Minnick faces a mandatory minimum sentence of 10 years in prison, and a maximum of life in prison, as well as a fine of up to $10 million. U.S. District Judge Theodore D. Chuang has scheduled sentencing for Minnick on December 7, 2016 at 10:30 a.m.
Co-defendant Terrance Stanback, age 52, of Clinton, Maryland, pleaded guilty to his role in the conspiracy on the day before trial and is scheduled to be sentenced on October 14, 2016 at 10:00 a.m. Sean Wilson, age 46, of Randallstown, Maryland previously pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin and was sentenced to 11 years in federal prison. Christian Byrd, age 45, of Laurel, Maryland, pleaded guilty to possession with intent to distribute heroin and was sentenced to 15 years in federal prison. Judge Chuang also ordered Byrd to forfeit $440,000, as the proceeds of his drug distribution.
United States Attorney Rod J. Rosenstein commended the DEA, FBI, and the Prince Georges County, Baltimore County, and Baltimore City Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Deborah A. Johnston and Thomas P. Windom, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Cape Coral Man Sentenced to Three Years for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Henry Alberto Fernandez Gomez (30, Cape Coral) to three years in federal prison for access device (credit card) fraud and aggravated identity theft. The Court also ordered him to repay $8,070.45 in restitution to his victims and an additional $8,070.45 to the United States in the form of a forfeiture money judgment representing the proceeds he obtained as a result of the offenses.
According to the plea agreement, between December 30, 2014, and April 13, 2015, Fernandez Gomez used stolen and unauthorized credit card information 27 times at retail establishments throughout the Florida to purchase various items, including $3,500 of furniture. He also used another person’s means of identification to make a retail purchase.
This case was investigated by the Federal Bureau of Investigation, the Lee County Sheriff’s Office Economic Crimes Unit, and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Buncombe Co. Man Sentenced to More Than Six Years in Prison on Child Pornography ChargesRead the Press Release
ASHEVILLE, N.C. – Erik Corbin Peterson, 47, of Black Mountain, N.C. was sentenced today by U.S. District Judge Martin Reidinger to 75 months in prison on child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Peterson was ordered to serve a lifetime of supervised release and to register as a sex offender. Peterson was also ordered to pay $17,000 in restitution to known victims of child pornography.
Sheriff Van Duncan of the Buncombe County Sheriff’s Office joins U.S. Attorney Rose in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, in December 2013, law enforcement received a tip that an online user was using his e-mail to send child pornography via the Internet. Law enforcement determined that the e-mail account belonged to Peterson, who used it frequently to send to and receive from other unknown e-mail users images depicting the sexual abuse of children. In May 2014, law enforcement executed a search warrant at Peterson’s residence seizing a laptop computer, a desktop computer and an external hard drive. Forensic analyses of those devices revealed that Peterson possessed more than 1,000 images of child pornography, some of which depicted prepubescent minors engaging in sadistic and masochistic conduct.
In making today’s announcement, U.S. Attorney Rose said, “Peterson traded online images depicting the horrendous sexual exploitation of children. Then, he had the audacity to describe his depraved conduct as ‘a kind of game that he and some of his friends started.’ The sexual exploitation of innocent and vulnerable victims is not a game. It is a crime. And it is the type of criminal activity that my office takes very seriously. We hope today’s sentence delivers a clear message that possessing, receiving and sharing child pornography will land you in jail for a long time.”
Peterson pleaded guilty in April 2016 to one count of possession of child pornography. He is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
U.S. Attorney Rose thanked the Buncombe County Sheriff’s Office for their investigation of this case. The U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children.By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims.For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Bullhead Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.
Mario Delaney Crow Ghost, age 45, was sentenced to 10 months in custody, 8 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crow Ghost was indicted by a federal grand jury on March 15, 2016. He pled guilty on June 12, 2016.
The conviction stemmed from Crow Ghost failing to register as a sex offender from October 19, 2015, to March 15, 2016, when Crow Ghost had been convicted in U.S. District Court, District of South Dakota, for Sexual Abuse of a Minor.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Crow Ghost was immediately turned over to the custody of the U.S. Marshals Service.
Boise Man Pleads Guilty to Sex Trafficking of ChildrenRead the Press Release
BOISE – Michael Wayne Wade, 30, of Boise pleaded guilty today in United States District Court to sex trafficking of children, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, agents with the Idaho Department of Probation and Parole arrested Wade for a felony probation violation in July of 2014. A Nokia Lumina cell phone was seized from Wade and examined by a detective with the Boise Police Department. The cell phone contained texts with a minor that included images of the minor, including one that was sexually explicit. The detective conducted open-source internet searches on Backpage.com and discovered that the images of the minor on Wade’s phone had been posted in an ad for “escort services” in Boise in July and November of 2014. The postings were made using a Backpage.com account for another individual, J.K.
J.K. was arrested by the Boise Police Department in December of 2014, and admitted she worked as a prostitute in Boise, and that Wade was the “boss” who “pimped her.” She admitted Wade asked her to use the minor for a two-girl “date,” which she refused. She admitted posting the minor as an escort on Backpage.com, using the images sent to her by Wade. She further admitted that Wade spoke to her about taking the minor “under her wing,” assisting her in “escorting,” and ensuring that she was “working.” J.K. admitted that she took the minor on at least two “dates” where the minor engaged in commercial sex acts, and that she received money from the minor in exchange for posting the ad and transporting her.
The minor was interviewed and admitted that she participated in a prostitution enterprise with Wade and J.K. She stated she sent the images of herself to Wade for the purpose of being posted on Backpage.com as an escort. The minor stated that J.K. posted her images on Backpage.com, and drove her on at least two “calls” where she engaged in a commercial sex act when she was sixteen years old.
Further investigation by the Boise Police Department and the FBI revealed recorded phone calls and text messages from Wade to J.K. and the minor. The text messages revealed that Wade knew the minor was sixteen years old, that he told her she would be a “star by the time I’m done with you,” encouraged her to “hustle all day,” and told her that J.K. would teach her “the tricks of the trade” and “how to hustle.” Wade also told the minor that she had “mad potential,” could “turn tricks,” and that J.K. would “buy you a room” and “have you got to work this weekend.” Wade then told J.K. that the minor was “all open” and “down to work for the team.”
“This defendant callously victimized a minor, commercially exploiting her for the sexual gratification of others and for his personal profit,” said Olson. “This conviction demonstrates that this office and its law enforcement partners in Idaho are unwavering in our commitment to seek justice on behalf of vulnerable victims and to hold sex traffickers accountable.”
Sentencing is set for November 10, 2016, before Senior U.S. District Judge Edward J. Lodge. Sex trafficking of children is punishable by not less than 10 years’ imprisonment and up to life, a $250,000 fine, a term of supervised release of not less than five years and up to life.
The case was investigated by the Boise Police Department, the FBI, and the Idaho Department of Probation and Parole, and was prosecuted with assistance from the Ada County Prosecutor’s Office. The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Bassett Man Sentenced on Robbery ChargeRead the Press Release
DANVILLE, VIRGINIA – A Bassett, Virginia man, who committed armed robbery during an intended drug deal, was sentenced today in federal court, United States Attorney John P. Fishwick Jr. announced.
Christopher L. Bowers, 23, of Bassett, Virginia, previously pled guilty in the United States District Court for the Western District of Virginia in Danville to one count of robbery, as a principal and aider and abettor. Today in District Court, Bowers was sentenced to 24 months in federal prison and three years of supervised release thereafter.
“This situation could have ended in much more tragic circumstances,” United States Attorney Fishwick said today. “So often, the mixture of drugs and guns has deadly consequences. We will continue to work with our partners in law enforcement to slow the tide of violence and drug trafficking in our communities.”
According to evidence presented at previous hearings, in the early morning hours of December 10-11 2014, Bowers and an associate, Christopher Strokes, went to a home in Henry County for the purpose of obtaining pills. When Stokes and Bowers arrived, Bowers was armed with a pistol. A disagreement arose over the price of the drugs. At that time, Bowers brandished a firearm and struck one of the victims. Stokes, who was not initially armed, seized a Smith and Wesson .40 caliber pistol belonging to one of the home’s residents, confronted a second victim, demanded money, and then fired the pistol into the wall. Bowers and Stokes then fled with stolen pills, the Smith & Wesson pistol, and approximately $400 in cash.
The investigation of the case was conducted by Department of Homeland Security. Assistant United States Attorney Anthony P. Giorno and Special Assistant United States Attorney Kari K. Munro prosecuted the case for the United States.
Allen Man Sentenced to 36 Months Supervised Release for Assault in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that, WILLIAM CONLEY BOAZ II, age 27, of Allen, Oklahoma, was sentenced to 3 years of supervised release for ASSAULT IN INDIAN COUNTRY (MISDEMEANOR), in violation of Title 18, United States Code, Sections 1152 and 113(a)(4).
The Information alleges that on or about February 18, 2016, in the Eastern District of Oklahoma and elsewhere, while present within Indian Country in the special maritime and territorial jurisdiction of the United States, the Defendant, WILLIAM CONLEY BOAZ II, a non-Indian, did commit an assault against an Indian, who was a spouse or intimate partner, by striking said person on the face.
The charges arose from an investigation by the Chickasaw Nation Lighthorse Police and the Bureau of Indian Affairs. The defendant pled guilty in July, 2016.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
First Assistant United States Attorney Edward Snow represented the United States.
Allen Man Pleads Not Guilty to Involuntary Manslaughter and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury.
Jeff Sitting Bear, Jr., age 43, was indicted on July 26, 2016. Sitting Bear appeared before U.S. Magistrate Judge Daneta Wollmann on August 12, 2016, and plead not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Sitting Bear committing the offenses by driving a motor vehicle in the wrong lane of traffic while under the influence of alcohol. Sitting Bear collided head on with a motorcycle being driven by the victim on July 2, 2016, near Kyle.
The charges are merely accusations and Sitting Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the South Dakota Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Sitting Bear was released on bond pending trial. A trial date has been set for October 18, 2016.
Alleged Shooter of New Mexico Police Officer Charged with Federal Firearms and Carjacking OffensesRead the Press Release
Ohio Man to be Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative
Jesse Denver Hanes, 38, of Columbus, Ohio, has been charged with federal firearms and carjacking offenses arising out of an Aug. 12, traffic stop in Hatch, New Mexico, during which Hanes allegedly shot and killed Hatch Police Officer Jose Chavez and Hanes’ efforts to evade arrest following the shooting. The federal charges against Hanes are contained in a criminal complaint filed this morning in the U.S. District Court for the District of New Mexico.
The federal charges were announced by U.S. Attorney Damon P. Martinez of the District of New Mexico and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. Joining them in making the announcement were Third Judicial District Attorney Mark D’Antonio, Chief James Gimler of the Hatch Police Department, Chief Pete N. Kassetas of the New Mexico State Police and Doña Ana County Sheriff Enrique Vigil.
Hanes is charged with being a felon in possession of a firearm, carjacking and discharging a firearm during a crime of violence. The criminal complaint alleges that Hanes committed these crimes in Doña Ana County, New Mexico, on Aug. 12. At the time, Hanes was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
Hanes was arrested this afternoon on the federal charges by the FBI at a hospital in El Paso, Texas, where he is recuperating from a self-inflicted gunshot wound. His initial appearance in federal court in Las Cruces, New Mexico, has yet to be scheduled.
In addition to the charges in the federal criminal complaint, Hanes has been charged with the first-degree murder of Officer Chavez in a criminal complaint filed in the Third Judicial District Court for the state of New Mexico in Doña Ana County. The state’s murder investigation is continuing. Hanes also is facing an unrelated murder charge in Ohio.
According to the federal criminal complaint, on the afternoon of Aug. 12, Officer Chavez executed a traffic stop in Hatch on a Lexus driven by Hanes and in which two other men were passengers. During the traffic stop, Hanes allegedly shot Officer Chavez in the upper torso. Officer Chavez died later that night as a result of the gunshot wound.
The criminal complaint alleges that after Hanes and his passengers fled from the scene of the shooting in the Lexus, Hanes shot himself in the leg/groin-area. After Hanes and his passengers parted company, Hanes stopped at a rest area near Radium Springs, New Mexico, where he allegedly shot a motorist and carjacked the motorist’s vehicle, a Chevrolet. The motorist suffered a serious injury and remains hospitalized in stable condition.
Deputies of the Doña Ana County Sheriff’s Office located the Chevrolet allegedly carjacked by Hanes based on information provided by witnesses and gave chase. The chase ended when Hanes crashed the Chevrolet. After Hanes was taken into custody, a handgun, believed to be the firearm used to shoot Officer Chavez and the motorist, was recovered from the Chevrolet.
If convicted of the crimes charged in the federal criminal complaint, Hanes faces a statutory maximum penalty of 10 years in prison for unlawfully possessing a firearm and 25 years in prison on the carjacking charge. If convicted for discharging a firearm during the carjacking, Hanes faces a mandatory minimum penalty of 10 years in prison, which must be served consecutive to any sentence imposed on the other charges. These potential penalties apply only to the federal charges and are beyond any penalties that may be imposed under state laws.
Charges in criminal complaints are merely accusations, and criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The case was investigated by the Las Cruces office of the FBI, Hatch Police Department, Doña Ana County Sheriff’s Office and New Mexico State Police, with assistance from the Third Judicial District Attorney’s Office. The following agencies also assisted in the investigation: Albuquerque and El Paso offices of the FBI, ATF, DEA, U.S. Marshals Service, Homeland Security Investigations, U.S. Border Patrol, Las Cruces Police Department, El Paso, Texas, County Sheriff’s Office and El Paso Police Department.
Assistant U.S. Attorneys Aaron O. Jordan and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their felony conviction records for federal prosecution with the goal of removing violent, repeat offenders from communities in New Mexico for as long as possible.
Agencias Federales Emiten Directrices Conjuntas Para Ayudar A Los Proveedores De Preparación, Respuesta Y Recuperación Frente A Emergencias A Cumplir Con El Título Vi De La Ley De Derechos CivilesRead the Press Release
Los Departamentos de Justicia, Salud y Servicios Humanos, Vivienda y Desarrollo Urbano, Seguridad Nacional y Transporte emitieron hoy directrices conjuntas para ayudar a asegurar que los beneficiarios de asistencia financiera federal no discriminen en contra de personas y comunidades sobre la base de la raza, el color o el origen nacional al ofrecer servicios de preparación, respuesta y recuperación ante emergencias.
El Título VI de la Ley de Derechos Civiles de 1964 prohibe la discriminación sobre la base de la raza, el color o el origen nacional en programas o actividades financiadas por el gobierno federal. La discriminación en las medidas de respuesta a emergencias de un receptor de financiamiento viola el Título VI de la Ley de Derechos Civiles de 1964.
La directriz sugiere una serie de medidas que los receptores pueden tomar ahora para garantizar el cumplimiento:
- Transmitir información sobre vivienda, servicios de salud u otros servicios relacionados con las emergencias y los derechos de no discriminación a diversos sectores raciales, étnicos y con fluidez limitada en inglés de la población.
- Involucrarse con diversos sectores raciales, étnicos y con fluidez limitada en inglés de la población y pedirles su opinión para determinar cuál es la mejor manera de personalizar iniciativas de planificación, respuesta y recuperación frente a emergencias;
- Diseminar ampliamente planes de evacuación y preparación para desastres, lo que incluye a sectores con fluidez limitada en inglés de la población;
- Asegurarse de que todas las entidades sepan que la mayoría de los servicios públicos para la protección de la vida y la seguridad ofrecidos por beneficiarios de asistencia financiera federal no tienen restricciones por estado inmigratorio;
- Recabar y analizar periódicamente información sobre las poblaciones potencialmente afectadas para ayudar a asegurar una distribución eficaz y no discriminatoria de recursos y servicios.
“En momentos de emergencia, la ley exige que los beneficiarios de financiamiento federal ofrezcan igualdad de servicios a todas las personas y comunidades,” dijo la Fiscal General Adjunta Auxiliar Vanita Gupta, líder de la División de Derechos Civiles del Departamento de Justicia. “Esta directriz ayudará a garantizar que las personas que necesitan asistencia no sean discriminadas durante futuros huracanes, incendios forestales y otros eventos catastróficos.”
“Nuestra directriz les recuerda a los receptores que las obligaciones de cumplimiento del Título VI no están sujetas a debate,” dijo Leslie Proll, Directora de la Oficina Departamental de Derechos Civiles del Departamento de Transporte. “Se aplica en todo momento y no puede dejar de aplicarse antes, durante o después de emergencias y desastres.”
Además, hoy se están publicando dos nuevos recursos para ayudar a los receptores de asistencia financiera federal: los Consejos y Herramientas del Departamento de Justicia para dar alcance a comunidades con fluidez limitada en inglés en la preparación, respuesta y recuperación ante emergencias; y la Lista de Verificación del Departamento de Salud y Servicios Humanos para los receptores de asistencia financiera federal, que facilita la integración de toda la comunidad a actividades relacionadas con las emergencias.
“Las prácticas discriminatorias en la atención médica pueden poner en riesgo la vida y esto es especialmente cierto en situaciones de emergencias y desastres,” dijo Jocelyn Samuels, Directora de la Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos. “Esta directriz ayudará a los líderes de la comunidad de gestión de emergencias a comprender sus obligaciones bajo el Título VI y las medidas críticas que pueden tomar para brindar un mejor servicio a toda su comunidad, lo que incluye a personas con necesidades funcionales y de acceso.”
Ambos recursos y la directriz se encuentran en los portales de las agencias y el portal de la nueva sección de derechos civiles de la Agencia Federal para el Manejo de Emergencias [Federal Emergency Management Agency (FEMA)] en www.fema.gov/media-library/assets/documents/26070.
“La discriminación no tiene cabida en el proceso de respuesta y recuperación ante desastres,” dijo Willisa Donald, Directora de la Oficina de Igualdad de Derechos de la FEMA. “Todas las personas deben ser tratadas con igualdad cuando se trate de apoyar a los sobrevivientes en su momento de mayor necesidad y esta directriz apoyará nuestra labor para asegurarnos de que las personas con las que nos asociemos compartan nuestros valores de justicia e igualdad.”
“El cumplimiento de los requisitos del Título VI, así como de los requisitos para garantizar la igualdad de acceso a personas con discapacidades según lo exigido por las leyes federales de derechos civiles, se hace aún más importante durante emergencias y desastres para garantizar que no se le deniegue a nadie injustamente servicios y apoyo cruciales,” dijo Megan H. Mack, Funcionaria de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional. “La directriz incorpora los principios de la Meta de preparación nacional y los Marcos de planificación nacional en los que el gobierno federal busca permitir que toda la comunidad, que incluye a personas con orígenes raciales y étnicos diversos y a personas con fluidez limitada en inglés, contribuya a la preparación nacional y se beneficie con ella.”
“Las familias que pierden sus hogares por desastres naturales no deberían sufrir un agravamiento de su situación por culpa de la discriminación en un momento en que sufren por recomponer ese componente esencial de sus vidas,” dijo Gustavo F. Velasquez, Secretario Auxiliar de Vivienda Justa e Igualdad de Oportunidades para el Departamento de Vivienda y Desarrollo Urbano. “La directriz conjunta deja en claro que los receptores de financiamiento federal tienen la obligación de tratar equitativamente a todas las personas afectadas por emergencias nacionales.”
La División de Derechos Civiles y las oficinas de derechos civiles de las agencias son responsables de hacer cumplir el Título VI asegurándose de que sus receptores de asistencia financiera federal no discriminen sobre la base de la raza, el color o el origen nacional. En los siguientes enlaces se puede encontrar información adicional sobre estas oficinas:
División de Derechos Civiles del Departamento de Justicia en www.justice.gov/crt; Oficina de Derechos Civiles de la Oficina de Programas Judiciales en http://ojp.gov/about/offices/ocr.htm; Oficina de Acceso a la Justicia en https://www.justice.gov/atj; la Oficina de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional en https://www.dhs.gov/office-civil-rights-and-civil-liberties; Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos en www.hhs.gov/ocr/; Oficina de Vivienda Justa e Igualdad de Oportunidades del Departamento de Vivienda y Desarrollo Urbano en http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp; y Oficina Departamental de Derechos Civiles del Departamento de Transporte en https://www.transportation.gov/civil-rights.
La Directriz
Accokeek Man Exiled to 10 Years in Federal Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge George Jarrod Hazel sentenced Bryan Leneil Tiggle, age 32, of Accokeek, Maryland, late on August 15, 2016, to 10 years in federal prison, followed by four years of supervised release, for conspiracy to possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to their plea agreements, between April and May 2015, Tiggle and co-conspirator Sean Michael Midgette conspired to rob a drug dealer. On April 8, 2015, Tiggle met with an undercover ATF agent and agreed to rob a cocaine dealer’s stash house, then split the 12 kilograms of stolen cocaine. Tiggle told the undercover agent that he would bring another individual to the next meeting to discuss the robbery. On April 29, 2015, Tiggle brought Midgette to meet with the undercover agent and discuss the details of the robbery. Tiggle and Midgette stated that they would re-package the stolen drugs before selling their portions, and offered to help the undercover agent to sell his share of the cocaine as well.
On May 8, 2015, the undercover agent spoke with Tiggle and Midgette by telephone and the conspirators confirmed that they were ready to commit the robbery. Tiggle and Midgette drove together to meet the undercover agent at an agreed upon location. Midgette and Tiggle confirmed to the undercover officer that they were armed and Midgette put a duffle bag containing the guns in the back seat of the undercover agent’s vehicle. Tiggle rode with the undercover agent while Midgette followed in another vehicle. Tiggle and Midgette were subsequently arrested by law enforcement.
From the duffle bag, law enforcement recovered a 9 millimeter semi-automatic firearm, a .45 caliber semi-automatic pistol with an obliterated serial number, a black body armor vest, and 64 rounds of ammunition. From Tiggle and Midgette’s vehicle officers recovered three black hoodies, gloves and a black balaclava. A search warrant executed at Midgette’s residence also recovered digital scales, and drug packaging materials.
Sean Michael Midgette, age 33, of Upper Marlboro, Maryland, previously pleaded guilty and was sentenced to 101 months in prison.
United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Matthew L. Paeffgen and Assistant U.S. Attorney Thomas M. Sullivan, who prosecuted the case.
22 Indicted for Racketeering and Fraud Emanating from Murphy VillageRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Hannah Carroll, Rose M. Mulholland, Kim Mulholland, Caroline Sherlock, Catherine Carroll, Anthony Carroll, Johnny M. Sherlock, Mary Rita Sherlock, Jimmy Gorman, Leslie Gorman, Leslie Ann Sherlock, Jimmy J. Carroll, Mary Costello, Mary Gorman Carroll, Renee Carroll, Rose S. Mulholland, Susan Sherlock Tommy Sherlock, William Carroll, and Johnny Mack, all of North Augusta, South Carolina, and Leonard New and Angela Askew, of Augusta, Georgia; were charged in a 45 count Indictment for Racketeering (RICO) and other crimes related to their fraudulent schemes. According to allegations in the Indictment, the defendants operated out of Murphy Village near North Augusta and committed a number of fraudulent schemes in order to obtain life insurance benefits, food stamps, Medicaid funds, and fraud involving automobile financing.
The Indictment charges all defendants with RICO Conspiracy (18 U.S.C. § 1962), other counts in the Indictment name various defendants in counts charging Mail Fraud (18 U.S.C. § 1341), Wire Fraud (18 U.S.C. § 1343), Structuring monetary transactions to evade reporting requirements (31 U.S.C. § 5324), and Interstate Transportation of Stolen Items (18 U.S.C. § 2314).
The charge of RICO Conspiracy carries a maximum sentence of 20 years and a $250,000 fine; Mail and Wire Fraud each carry a maximum sentence of 20 years and a $250,000 fine; Structuring carries a maximum sentence of 5 years and a $250,000 fine; and the charge of Interstate Transportation of Stolen Items carries a maximum sentence of 20 years and a $250,000 fine. Additionally, these charges include a maximum term of supervised release following imprisonment of 3 years.
This long-term, multi-agency investigation included the Federal Bureau of Investigation; United States Marshal’s Service; United States Department of Agriculture Office of Inspector General; the Internal Revenue Service Criminal Investigative Division; the United States Postal Inspection Service; the South Carolina Attorney General’s Office Medicaid Fraud Control Unit; the South Carolina Department of Social Services; and is assigned to Assistant United States Attorneys Jim May and Jay Richardson from the Columbia Office and Rhett Dehart from the Charleston Office for prosecution.
The Acting United States Attorney stated that all charges in this indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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15 August 2016
Waterloo Man Sentenced for Production and Possession of Child PornographyRead 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 Ronald T. Spoor, 52, of Waterloo, NY, who was convicted following a jury trial of production and possession of child pornography, was sentenced to 30 years in prison and 15 years supervised release by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorneys Bradley E. Tyler and Craig Gestring, who handled the prosecution of the case, stated that in December 2012, the New York State Police were alerted by officials at a school in Seneca County, NY, after minor students indicated they had been abused by Spoor. The defendant was interviewed by investigators and admitted to abusing two victims under the age of 10 years old. An investigation into the abuse allegations led State Police to execute a search warrant at the defendant’s Waterloo residence. Troopers seized computer hard drives, two pinhole cameras, and several flash drives. A forensic examination determined that four of the hard drives and a pinhole camera contained videos and images of child pornography including minor boys who had been videotaped by the defendant without their knowledge.
State Troopers notified the Department of Homeland Security for investigative support. Special Agents discovered that the pinhole camera had been installed by the defendant in a bathroom and used by the defendant to record minor children. The defendant also used a pinhole camera to surreptitiously record naked children in his camper. Agents conducted an interview with the defendant during the investigation. In that interview, Spoor admitted to using peer-to-peer software to search for child pornography online using specific search terms. Agents forensically recovered over 18,000 chargeable images involving children as young as toddlers being raped and sexually abused. Some of the material also included sadistic or masochistic images or images depicting violence.
In total, the federal investigation identified an additional three children, known to the defendant, who he victimized. During today’s sentencing, Judge Siragusa called the defendant “socially depraved and morally bankrupt.” He also referred to Spoor as a sexual predator. The federal sentence will run concurrent to Spoor’s state sentence of five years, which he got for performing fellatio on a child less than 10 years of age.
The conviction is the culmination of an investigation on the part of the New York State Police, under the direction of Major Craig Hanesworth and Immigration and Customs Enforcement, Homeland security Investigations, under the direction of Special Agent in Charge James C. Spero.
United States Announces Superfund Settlement to Protect Vital Drinking Water Source at the Fulton Avenue Superfund Site Located in Central Nassau County, New YorkRead the Press Release
Robert L. Capers, United States Attorney for the Eastern District of New York, and Judith A. Enck, Regional Administrator, United States Environmental Protection Agency (EPA) Region 2, today announced that Genesco Inc. has agreed to clean up contaminated drinking water at the Fulton Avenue Superfund Site (the Site) in the Towns of Hempstead and North Hempstead, New York. The settlement, which is valued at no less than $5.25 million, requires Genesco to ensure the operation and maintenance of water treatment and indoor air treatment systems at the Site, and to monitor groundwater and indoor air contamination at the Site. Genesco will also reimburse EPA for costs incurred in overseeing the work required by the settlement.
The settlement, which was entered on August 15, 2016 by the United States District Court for the Eastern District of New York, in an action brought against Genesco pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund statute. The Superfund law protects human health and the environment while safeguarding taxpayer dollars by holding parties that contributed to contamination responsible for cleaning it up. Since 1980, EPA’s Superfund program has managed the cleanup of the nation’s high-priority hazardous sites and has responded to environmental emergencies, oil spills, and natural disasters.
The Site in this case includes a 0.8-acre commercial facility at 150 Fulton Avenue in Garden City Park, New York (the Fulton Property), which from approximately 1965 to 1974, contained a fabric-cutting mill that was owned or operated by Genesco. The mill cut and processed knitted fabrics, which were then dry-cleaned with tetrachloroethylene (commonly known as perc), which was disposed of into the environment during the mill’s operations. As a result of these past disposal practices, perc contaminated soil, air and groundwater at the Site. EPA has classified perc as likely to be carcinogenic to humans by all routes of exposure. Chronic (or long-term) exposure to perc can also cause adverse neurological effects, including impaired cognitive and motor neurobehavioral performance, and may also cause adverse effects in the kidney, liver, immune system, hematologic system, and on development and reproduction.
Groundwater contamination at the site and has impacted two public water supply wells, known as Garden City Water District wells 13 and 14. Currently, the groundwater entering those wells is treated using an air stripper installed and operated by the Village of Garden City, which forces air through groundwater to remove harmful chemicals, such as perc. The settlement requires, among other things, that Genesco continue the operation and maintenance of the existing treatment systems for the two wells until remedial goals are met. The settlement also requires Genesco to monitor contaminant levels in groundwater at the Site, and to pay EPA’s costs of evaluating chemical vapors that may enter buildings near the Fulton Property. The operation and maintenance of an existing sub-slab ventilation system at the Fulton Property will continue. EPA will oversee Genesco’s work, which implements the cleanup remedy selected in the agency’s 2015 Record of Decision Amendment for the Fulton Avenue Superfund Site.
“This settlement reinforces this Office’s firm commitment to eliminating the hazards posed by sites that threaten public health and safety,@ stated United States Attorney Capers. “We will continue to hold accountable those responsible for causing or contributing to hazardous substance sites.”
“Residents of Long Island rely on groundwater as their source of drinking water, so it is critical that groundwater resources be protected from toxic contamination,” said EPA Regional Administrator Enck. “The EPA will keep working to protect residents of Long Island from the threats of polluted groundwater.”
The settlement was subject to a 30-day public comment period during which no comments were received.
The lead government attorneys for this settlement are Assistant United States Attorney Robert B. Kambic and Assistant Regional Counsel Douglas L. Fischer of EPA.
Defendant:
GENESCO INC.
1415 Murfreesboro Pike, Nashville, TennesseeE.D.N.Y. Docket No. 09-CV-3917