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12 August 2016
Statement by U.S. Attorney Damon P. Martinez on Assassination of Officer Jose Chavez of the Hatch Police DepartmentRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez issued the following statement upon learning of the passing of Officer Jose Chavez of the Hatch Police Department, who died tonight as a result of injuries sustained when he was shot during a traffic stop earlier today:
“On behalf of the U.S. Attorney’s Office and the entire federal law enforcement community, I want to express our deepest condolences to the family of Officer Jose Chavez and the men and women of the Hatch Police Department. Violence against law enforcement officers is unacceptable and cannot be tolerated.”
“Officer Chavez’s death underscores once again the real dangers that are routinely faced by those who protect and serve their fellow citizens, and reminds us that we are deeply indebted to our law enforcement officers for placing their lives on the line each and every day in order to preserve public safety.”
“The thoughts and prayers of the entire federal law enforcement community are with Officer Chavez’s family and loved ones during this very difficult time.”
St. Paul Woman Pleads Guilty to Using Stolen Identities to File Fraudulent Income Tax ReturnsRead the Press Release
United States Attorney Andrew M. Luger today announced the guilty plea of EBONY SHANTE YARBROUGH, 28, to aggravated identity theft. YARBROUGH pleaded guilty today before U.S. District Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minn.
“Today's plea by Ebony Yarbrough to an aggravated identity theft charge exemplifies IRS Special Agents' intense focus on the rigorous pursuit of identity theft and refund fraud," said Shea Jones, Special Agent in Charge of IRS Criminal Investigation St. Paul Field Office. IRS Criminal Investigation remains committed to the pursuit of identity theft crimes and, together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable.”
According to the defendant’s guilty plea, between 2013 and 2015, YARBROUGH convinced friends and family members to allow her to file their state and federal income tax returns by claiming she knew how to prepare the returns and would charge less than a tax preparation service.
According to her guilty plea, YARBROUGH prepared taxpayers’ returns by claiming false Schedule C income characterized as “hair stylist,” “cleaner” or “exotic dancer.” Additionally, YARBROUGH included dependents on taxpayers’ returns by using stolen personal identifying information belonging to minors, enabling them to qualify for other tax credits. YARBROUGH’S scheme accounted for more than $500,000 in false state and federal claims.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS. The Minnesota Department of Revenue assisted in the investigation.
Assistant U.S. Attorney Kimberly A. Svendsen is prosecuting the case.
Defendant Information:
EBONY SHANTE YARBROUGH, 28
St. Paul, Minn.
Convicted:
- Aggravated Identity Theft, 1 count
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Scottsville Man Sentenced on Federal Drug ChargeRead the Press Release
LYNCHBURG, VIRGINIA – A Scottsville man, who previously pled guilty to a federal drug trafficking charge, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, United States Attorney John P. Fishwick Jr. announced.
Jermaine Ayers, 35, of Scottsville, Virginia, previously pled guilty to one count of possessing with the intent to distribute and distributing crack cocaine. Today in District Court he was sentenced to 71 months in federal prison.
“Thwarting the sale of illegal drugs in our communities will continue to be a priority of the United States Attorney’s Office,” United States Attorney Fishwick said today. “Keeping our communities free from abusive drugs is paramount to improving community safety.”
The investigation of the case was conducted by the Drug Enforcement Administration. Assistant United States Attorney Christopher Kavanaugh prosecuted the case for the United States.
San Francisco Tax Return Preparer Pleads Guilty to Filing False Tax ReturnRead the Press Release
SAN FRANCISCO – Thomalyn Virden pleaded guilty in federal court in San Francisco today to filing a false tax return with the Internal Revenue Service, announced United States Attorney Brian J. Stretch and Michael T. Batdorf, Special Agent in Charge of Internal Revenue Service.
In pleading guilty, Virden, 53, of San Francisco, admitted that she prepared and caused to be filed a false tax return which falsely reported that a taxpayer had paid $4,000 in education expenses for post-secondary education. By stating that the filer incurred the post-secondary education expenses, the taxpayer was able to make a claim to receive a refund of approximately $1,000 to which the taxpayer was not entitled. Virden charged a fee for preparing the tax returns. As part of her plea agreement, Virden further acknowledged she prepared other similar false returns as part of a course of conduct and common scheme. She also acknowledged that the additional tax returns were false because they claimed a refund based on education expenses that were not incurred by the taxpayers and that she charged a fee for preparing the tax returns.
Virden, was indicted by a federal grand jury on January 6, 2015. She was charged with one count of conspiracy to file false claims, in violation of 18 U.S.C. § 286, and three counts of filing false claims in violation of 18 U.S.C. § 287. Under the plea agreement, Virden pleaded guilty to one count of filing a false claim, in violation of 18 U.S.C. § 287.
Virden was released on bond. Her next court appearance is scheduled for December 9, 2016, for a sentencing hearing before the Honorable Susan Illston, U.S. District Judge, in San Francisco. The maximum statutory penalty for a violation of 18 U.S.C. § 287 is 5 years’ imprisonment and a fine of $250,000 plus restitution, if appropriate. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Cynthia Stier and Laurie Gray are the Assistant U.S. Attorneys prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service.
Red Lake Man Pleads Guilty to Assaulting a Police OfficerRead the Press Release
United States Attorney Andrew M. Luger yesterday announced the guilty plea of NODIN MAKWA, 21, for charging at a police officer with his car after a high-speed chase. On January 5, 2016, MAKWA was indicted on one count of assaulting, resisting or impeding certain officers or employees. MAKWA pleaded guilty yesterday before Senior U.S. District Court Judge Michael J. Davis.
According to the defendant’s guilty plea, on August 8, 2015 Red Lake Police responded to a call from a woman who said MAKWA threatened her child with a sword. When police located his vehicle and tried to pull him over, MAKWA sped away at 120 miles per hour. After several police cars boxed in MAKWA’s car, a Beltrami County deputy sheriff attempted to approach MAKWA, who then reversed his vehicle into the officer. The officer was knocked unconscious, and sustained a broken hip and a concussion.
To learn more about the Justice Department’s Tribal Safety program, visit http://www.justice.gov/tribal/.
This case is the result of an investigation conducted by the Minnesota Highway Patrol and the Beltrami County Sheriff.
This case is being prosecuted by Assistant U.S. Attorney Clifford B. Wardlaw.
Defendant Information:
NODIN MAKWA, 21
Red Lake, Minn.
Convicted:
- Assaulting, resisting or impeding certain officers or employees, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Perpetrator of Sexual Assault Aboard International Flight Sentenced to Statutory Maximum 24 Months in PrisonRead the Press Release
Earlier today, at the United States District Court in Brooklyn, New York, Nadeem Mehmood Quraishi was sentenced to two years’ imprisonment following his April 21, 2016, conviction following a jury trial for sexual assault aboard an international flight.
The sentence was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
The evidence at trial established that Quraishi sexually assaulted a woman aboard an international flight bound for John F. Kennedy International Airport from Dubai, United Arab Emirates. He did this after the victim had taken prescription medication and while she slept. When confronted by flight attendants shortly after the assault, the defendant admitted that he had applied the victim’s lotion to her genital area as she was sleeping.
“The defendant’s assault of this victim was an outrageous affront to what should have been a safe and peaceful passage on an international flight,” stated United States Attorney Capers. “To anyone who would commit such a crime be on notice – you will be prosecuted to the full extent of the law.”
“Being on an airplane for an extended period of time can be stressful because passengers are told they can relax, even while surrounded by complete strangers in a confined space. The victim in this case was at her most vulnerable being asleep, and Quraishi took full advantage. It’s unfair to ask passengers to keep their wits about them for more than half a day in the air, which is why we take crimes aboard aircraft so seriously,” stated FBI Assistant Director-in-Charge Rodriguez.
The sentencing proceeding took place before United States District Judge Carol B. Amon.
The government’s case was prosecuted by Assistant United States Attorney Nomi D. Berenson.
The Defendant: NADEEM MEHMOOD QURAISHI
Age: 43
Staten Island, New YorkE.D.N.Y. Docket No. 16-CR-596 (CBA)
Parkersburg man pleads guilty to possessing child pornographyRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pleaded guilty today to possessing over 600 images of child pornography, announced United States Attorney Carol Casto. John Leslie Hess, 64, entered his guilty plea to possession of child pornography.
Hess admitted that on March 2, 2015, he possessed images of prepubescent minors engaged in sexual acts. The images were contained on his personal computers and multiple media devices found at his residence in Parkersburg. The investigation revealed that Hess was using a peer-to-peer file sharing program to download, receive, and distribute child pornography.
Hess faces up to 20 years in federal prison when he is sentenced on November 16, 2016.
The FBI, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the Parkersburg Police Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being brought as part of an ongoing initiative of the United States Attorney’s Office to combat child sexual exploitation and abuse in the Southern District of West Virginia.
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Owner of Counseling Service Charged in 197-Count Indictment Alleging TennCare Fraud, Identity TheftRead the Press Release
Memphis, TN – A Florida woman has been charged in a 197-count indictment for allegedly defrauding TennCare and illegally using the identities of multiple individuals. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the indictment today.
According to the indictment, Daphne M. Chaisson, 45, of Orlando, Florida, owned a business that operated under two names – Creative Counseling, Inc. and Chaisson Creative Consulting, Inc. The business provided counseling services, which included different forms of psychiatric diagnostic evaluation and psychotherapy. These services were primarily provided to adolescents.
Between August 2009 and January 2014, Chaisson used her business to execute a scheme that billed TennCare, the Tennessee-based Medicaid program, for medical services that actually weren’t performed. Chaisson hired, or attempted to hire, licensed counselors to provide services to clients. However, Chaisson used the personal information of her counselors without their permission to obtain TennCare provider numbers and bill TennCare. In some cases, Chaisson used existing TennCare provider numbers to bill for counseling purportedly performed, without the knowledge or consent of the counselors. Chaisson also used the identity of minor patients, without their knowledge or consent, to bill for these purported services.
According to the indictment, many of the services Chaisson billed for were not performed. On several dates, Chaisson even billed for over twenty-four hours of counseling.
Additionally, during the course of the Tennessee Bureau of Investigation’s (TBI) investigation into Chaisson’s scheme, it was revealed that she knowingly sent several fictitious emails containing false documents to TBI agents.
On Thursday, August 11, 2016, Chaisson was indicted on multiple counts of healthcare fraud and aggravated identity theft. She was also charged with four counts of using false documents.
Each count of healthcare fraud carries a penalty of up to 10 years in federal prison; each count of aggravated identity theft carries a mandatory penalty of two years; and each count of using false documents carries a penalty of up to five years in federal prison.
This case is being investigated by the TBI.
Assistant U.S. Attorney Dean DeCandia is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Memphis Man Who Murdered Associate Sentenced Federally for Felony Firearm PossessionRead the Press Release
Memphis, TN – A Memphis man who murdered a neighborhood associate has been sentenced to federal prison for felony firearm possession. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentence today.
According to information presented in court, on May 23, 2014, Marlon Boyd, 46, of Memphis, Tennessee, shot and killed Michael Richard following an argument. Boyd’s cousin was present during the shooting. Boyd threatened to kill his cousin, too, if he informed law enforcement of what he witnessed. The shooting reportedly occurred steps from Boyd’s cousin’s house in South Memphis.
Two days following the shooting, on May 25th, Memphis Police officers visited a South Memphis apartment to execute a search warrant on Boyd for first-degree murder. After officers knocked on the door and announced their presence, Boyd ran to a bedroom and hid. After several commands by police to surrender, Boyd came out of the apartment and was arrested. Officers subsequently searched the bedroom and recovered two loaded firearms: a Smith & Wesson .38 caliber revolver and a Ruger .357 caliber revolver.
On August 5, 2016, Boyd was convicted in state court of first-degree murder in the shooting death of Richard, among other charges.
In April 2016, Boyd was convicted in federal court of felony possession of two firearms.
On Friday, August 12, 2016, U.S. District Judge John T. Fowlkes Jr. sentenced Boyd to 120 months in federal prison.
Boyd’s federal sentence will be served consecutive to his sentence in state court. Boyd faces life without parole when he is sentenced in state court in September.
This case was investigated by the Project Safe Neighborhoods Task Force and Memphis Police Department’s Homicide Division.
Assistant U.S. Attorneys Marques Young and Dean DeCandia prosecuted this case on the government’s behalf.
Marrero Man Indicted for Whitney Bank RobberyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TRAVIS CARTER, age 37, of Marrero, was charged yesterday in a one-count Indictment with bank robbery.
According to the Indictment, CARTER robbed the Whitney Bank located in Marrero, Louisiana on July 22, 2016.
If convicted, CARTER faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of FBI agents in investigating this matter. Assistant U.S. Attorney Brittany Reed is in charge of the prosecution.
Man Convicted for Sugar Land Bank Robbery and Admits to Four OthersRead the Press Release
HOUSTON – A 50-year-old Louisiana man has entered a guilty plea in relation to the September 2015 robbery of BBVA Compass Bank in Sugar Land, announced U.S. Attorney Kenneth Magidson. Charles Wood, 50, of Farmersville, Louisiana, admitted he robbed the local bank and further acknowledged he robbed banks in four other states.
On Sept. 14, 2015, Wood entered the BBVA Compass Bank located at 14121 North Southwest Freeway in Sugar Land. He pulled out a black BB gun from his jacket and displayed it to the teller, asking for a withdrawal of 20s, 50s and 100s. The teller complied.
A brief pursuit with law enforcement ensued which resulted in his apprehension a short distance from the bank.
At the time of the plea today, Wood also admitted to committing four additional bank robberies which occurred throughout the country. Those include the Feb. 18, 2015, robbery of U.S. Bank at 4140 John F. Kennedy Blvd. in Little Rock, Arkansas; the Aug. 11, 2015, robbery of Great Western Bank located at 3800 East 15th Street in Loveland, Colorado; the Aug. 15, 2015, robbery of American West Bank located at 1290 South West St. in Woods Cross, Utah; and the Aug. 27, 2015 robbery of Valley View Bank located at 8100 West 151st Street in Overland Park, Kansas.
U.S. District Judge Sim Lake accepted the guilty plea today and has set sentencing for Nov. 3, 2016, at which time he faces up to 20 years in federal prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The FBI’s Bank Robbery Task Force conducted the investigation. Assistant U.S. Attorney Julie Searle is prosecuting the case.
MEDIA ADVISORY-- U.S. Attorney and Law Enforcement Officials to Hold Press Conference to Announce Results of Significant ATF-Led Multi-Agency Law Enforcement OperationRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will hold a press conference at 10:00 A.M. TODAY, FRIDAY, AUGUST 12, 2016, to announce the results of a significant ATF-led multi-agency law enforcement operation. They will be joined by the leadership of the agencies participating in the operation.
WHO:
U.S. Attorney Damon P. Martinez
Special Agent in Charge Thomas G. Atteberry, ATF Phoenix Field Division
2nd Judicial District Attorney Kari E. Brandenburg
Special Agent in Charge Will R. Glaspy, DEA El Paso Division
Chief Deputy U.S. Marshal Alex Ramos
New Mexico State Police Chief Pete N. Kassetas
Albuquerque Police Chief Gorden E. Eden, Jr.
Bernalillo County Sheriff Manuel Gonzales III
New Mexico Corrections Department Secretary Gregg Marcantel
Rio Rancho Police Chief Michael Geier
WHEN:
FRIDAY, AUGUST 12, 2016
10:00 a.m.
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials. Media may begin to arrive at 9:30 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
Labor Union Officer Sentenced to 18 Months in Federal Prison for Embezzling FundsRead the Press Release
DALLAS — A former Secretary-Treasurer of the Amalgamated Transit Union (ATU) Local 1338 in Dallas, Johnny L. Wilson, was sentenced yesterday afternoon by U.S. District Judge Jane J. Boyle to 18 months in federal prison and ordered to pay $120,352 in restitution, following his guilty plea in April 2016 to one count of embezzling union funds, announced U.S. Attorney John Parker of the Northern District of Texas.
The majority of Local 1338’s approximately 2400 members are employed as bus operators, mechanics, and customer service representative with Dallas Area Rapid Transit (DART), MV Pursuit of Excellence, and Transit Management of Denton County.
Wilson, 46, of Dallas, was employed as a DART bus operator and had been a member of Local 1338 since 2001. He was first appointed to be Local 1338’s Secretary-Treasurer in 2009, and he was subsequently elected to the same position in 2011. Local 1338’s officers are paid to serve. As Secretary-Treasurer, Wilson worked in the union office at least a half of each day Monday through Friday and received $750 per month for the “faithful performance” of duties. His duties included writing and co-signing checks, paying bills, maintaining financial records, entering transactions into QuickBooks, reviewing and approving officers’ vouchers, bank statements, and receipts, and submitting the financial information to the CPA for quarterly audits. He also had custody and control of Local 1338’s Union Plus MasterCard, as well as Office Depot, Sam’s and Home Depot credit cards to support and maintain the business and expenses of Local 1338.
The U.S. Department of Labor (DOL) Office of Labor-Management Standards (OLMS) was notified after Local 1338’s President discovered that Wilson had forged his/her signature on checks, including checks written to Lowe’s and T-Mobile, where Local 1338 did not have accounts.
The investigation revealed that Wilson had used his position to fraudulently open charge accounts with Lowe’s and Chase Bank, and in doing so, obtained a Chase Bank credit card in his name on which he made $79,477 in unauthorized personal purchases. Wilson also used his position to secure cashiers’ checks from the Chase Bank account that he then used to pay personal bills and convert to cash. He also made unauthorized payments from the Chase Bank account to Lowe’s and T-Mobile.
DOL-OLMS investigated the case. Assistant U.S. Attorney Aaron Wiley was in charge of the prosecution.
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Jury Finds Tampa Man Guilty for Role in Theft of More Than $569,000 of Social Security Benefit ChecksRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Darius Vashon Tolbert (38, Tampa) guilty of receipt of stolen government property and possession of stolen mail. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to evidence presented at trial, Tolbert purchased approximately $569,000 of stolen Social Security benefit checks between April and July 2012. The checks, belonging to more than 400 beneficiaries, were all destined for addresses in Pinellas County and had been stolen from the St. Petersburg Processing and Distribution Center by a postal mail handler. They were part of a larger theft of more than $2 million in checks by the same mail handler. The checks that Tolbert purchased were later cashed at a money services business in Live Oak, Florida. The mail handler, Stacy Darnell Mitchell, was indicted in March 2016.
This case was investigated by the Social Security Administration Office of the Inspector General, the United States Postal Service Office of Inspector General, the United States Postal Inspection Service, the United States Department of the Treasury, and the Pinellas County Sheriff’s office. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.
Jacksonville Man on Federal Supervised Release Indicted on Aggravated Identity Theft and Fraud ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Anthony Johnson (52, Jacksonville) with three counts of aggravated identity theft and three counts of false representation of a Social Security number. Each aggravated identity theft count carries a two-year mandatory term of prison. He also faces a maximum penalty of five years in federal prison on each false representation count. Johnson is currently on federal supervised release for separate fraud and identity theft-related charges. He faces a final violation of supervised release hearing. A date has not yet been set for his arraignment or the final violation of supervised release hearing. He is currently in federal custody.
According to the indictment, Johnson used the Social Security numbers of multiple victims to deceive the Duval County Tax Collector, Florida Department of Highway Safety and Motor Vehicle – Division of Motorist Services, and an apartment complex in Jacksonville.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Florida Highway Patrol – Bureau of Criminal Investigations and Intelligence, the Jacksonville Sheriff’s Office, and the United States Secret Service Jacksonville Field Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
Jackson Man Sentenced to 115 Months in Prison for Illegal Possession of FirearmRead the Press Release
Jackson, Miss – Aaron Charles Harris, 30, of Jackson, was sentenced today by U.S. District Judge Henry T. Wingate to 115 months in federal prison for possessing a firearm after having been convicted of a felony offense, U.S. Attorney Gregory K. Davis announced today.
On May 27, 2016, after a five-day trial in U.S. District Court, a federal jury convicted Harris of possessing a .45 caliber Glock pistol loaded with 13 rounds and a Kel-Tec 5.56 mm pistol loaded with a double magazine containing 71 rounds.
The crime took place on July 4, 2015 on Beaverbrook Road in Jackson. Federal agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives arrived at the location after hearing gunshots in the area. Once agents arrived, they witnessed Harris throw a firearm. Upon further investigation, another firearm was located in a vehicle belonging to Harris. Harris had previously been convicted of a felony in Hinds County Circuit Court.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Jackson Police Department. It was prosecuted by AUSA Shundral Cole and Deputy Criminal Division Chief Darren LaMarca.
Harrison County man pleads guilty to unlawful possession of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Andrew N. Debolt, 33, of Shinnston, West Virginia, admitted to the unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Debolt, who has prior felony convictions for “Sexual Abuse in the First Degree” and “Domestic Violence, Third Offense” in Harrison County, WV, was discovered in possession of a .22 caliber rifle in July 2015. He pled guilty this week to one count of “Felon in Possession of a Firearm.”
Debolt faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the West Virginia State Police, and the Clarksburg Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Habitual Domestic Violence Offender from Isleta Pueblo Sentenced for Assaulting Isleta Pueblo WomanRead the Press Release
ALBUQUERQUE – Daniel V. Olguin, 29, an enrolled member of the Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for his assault conviction. Olguin will be on supervised release for three years after completing his prison sentence.
Olguin was arrested on Jan. 15, 2016, on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm. According to the complaint, Olguin assaulted the victim, an Isleta Pueblo woman, by striking and punching her repeatedly with a closed fist on Dec. 19, 2015. The complaint also asserted that Olguin strangled the victim on Dec. 18-19, 2015.
Olguin was subsequently indicted on Feb. 9, 2016, and charged with assault resulting in serious bodily injury and assault by a habitual offender which occurred between Dec. 18 and 19, 2015 in Indian Country in Valencia County. According to the indictment, Olguin was previously convicted of domestic violence, battery on a household member and aggravated assault in Isleta Tribal Court in 2009 and 2012.
On April 1, 2016, Olguin pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Olguin admitted that on Dec. 19, 2015, he assaulted the victim by striking her with a closed fist on her face and head. The victim suffered bilateral nasal bone fractures and a minimally displaced left zygomatic fracture as a result of the assault, which took place on the Isleta Pueblo.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department. Assistant U.S. Attorney Niki Tapia-Brito prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JULIO RAYMUNDO-SANTOS, age 41, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Indictment that charged him with illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
U.S. District Judge Nannette Brown sentenced RAYMUNDO-SANTOS to time served and ordered him to pay a special assessment of $100. RAYMUNDO-SANTOS will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U. S. Attorney Spiro G. Latsis is in charge of the prosecution.
Georgia Man Sentenced to over 7 Years in Federal Prison for Sex Trafficking in Case involving Girl Forced to Work as ProstituteRead the Press Release
LOS ANGELES – A man who trafficked a 17-year-old girl from Nevada to Southern California and forced her to work as a prostitute has been sentenced to 87 months in federal prison.
Kenyati Jakeen Rahh-Potts, 27, of Hahira, Georgia, was sentenced on Monday by United States District Judge Michael W. Fitzgerald.
Rahh-Potts pleaded guilty in February 2015 to one count of sex trafficking.
A second defendant in the case – Tabitha Samaria Walls, 24, of Elk Grove, California – was sentenced last year to 27 months in prison after pleading guilty to conspiring to engage in sex trafficking.
According to court documents, Rahh-Potts and Walls trafficked the victim from Las Vegas to California and forced her to engage in acts of prostitution in Los Angeles, Hollywood, Pomona and Ontario over an 11-day period in 2013. Rahh-Potts and Walls, who were living in Apple Valley when they were arrested in August 2013, created online advertisements on backpage.com to prostitute the victim and then took all of the money that the child earned through the acts of prostitution.
No child should be subject to this type of abuse,” said United States Attorney Eileen M. Decker. “These defendants showed no concern for the humanity of this young person, whose body was sold via online ads strictly for their own profit.”
“The defendants in this case stole their victim’s youthful innocence, as well as the money they forced her to make,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI is committed to ending the victimization caused by those who callously advertise and sell minors as sex slaves.”
This case was investigated by the Federal Bureau of Investigation, which receive substantial assistance from the San Bernardino County Sheriff’s Department.
The case was prosecuted by Assistant United States Attorney Tritia L. Yuen.
Fresno Woman Arrested for Bank Fraud, Mail Fraud and Identity TheftRead the Press Release
FRESNO, Calif. — Marci Jessie Ramirez, 45, of Fresno, was arrested today on a nine-count indictment returned by a federal grand jury on Thursday, charging her with bank fraud, mail fraud, aggravated identity theft and fraudulent possession of access device-making equipment, Acting United States Attorney Phillip A. Talbert announced.
According to the indictment, between July 31, 2013, and October 31, 2015, Ramirez misappropriated other peoples’ personal identifying information, which she acquired, in some cases, from client-intake forms she accessed through her former employer and used that information to fraudulently open bank accounts at federally insured financial institutions. Ramirez obtained and deposited counterfeit or altered checks into these bank accounts and ultimately withdrew cash from these deposits or used funds from the deposits for personal purchases. Ramirez also illicitly used other peoples’ credit card information to purchase items for her personal benefit.
This case is the product of an investigation by the Federal Bureau of Investigation and the Clovis Police Department. Assistant United States Attorney Christopher D. Baker is prosecuting the case.
If convicted, Ramirez faces a maximum statutory penalty of 30 years in prison for each bank fraud count, 20 years in prison for each mail fraud count, and 15 years in prison for each possession of access device-making equipment count, as well as a mandatory two‑year prison term for each aggravated identity theft count, and a $250,000 fine for each of the nine counts charged. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Four Lewisburg Federal Prison Inmates Charged with AssaultRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport indicted Christopher Goins, age 40, Ashley Dixon, age 28, Troi Venable, age 36, and Perlie Johnson, age 31, yesterday, for assault with a deadly weapon.
According to United States Attorney Peter Smith, Goins, Dixon, Venable and Johnson are charged with conspiring to assault a fellow inmate while they were confined at the United States Penitentiary at Lewisburg, and subsequently arming themselves with improvised weapons and carrying out the assault in November 2014, causing serious injury to the victim.
In a separate incident, Goins is alleged to have committed a second assault on a different inmate in December 2014 that resulted in serious bodily injury to the victim.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Geoffrey W. MacArthur has been assigned to prosecute the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.
In this case, the maximum penalty for each count is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine of $250,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
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Former Southern Oregon Gymnastics Coach Sentenced to 25 Years in Prison for Sexual Exploitation of MinorsRead the Press Release
MEDFORD, Ore – Jeffrey Scott Bettman, 57, of Medford, Oregon, was sentenced yesterday by U.S. District Judge Ann Aiken to 25 years in prison, based on his January 2016 guilty pleas to eleven counts of sexual exploitation of a minor, and one count of distribution, receipt and possession of child pornography. At the sentencing hearing, some of Bettman’s former gymnasts and their parents testified about the emotional trauma Bettman’s crimes caused them. At the conclusion of the hearing, Judge Aiken followed the prosecution recommendation and sentenced Bettman to 25 years in prison, to be followed by supervised release for the rest of his life. The court also ordered the forfeiture of the laptop computers, camera and other equipment Bettman used to commit his crimes.
Bettman, who worked as a gymnastics coach for over 36 years in Oregon and California first came to the attention of law enforcement during an online undercover investigation in which he offered to share images of child pornography that he downloaded from the internet. On November 2, 2012, a search warrant was executed at Bettman’s residence. Bettman admitted that he worked on the side as a photographer and had secretly recorded his young gymnasts with a hidden camera while they were changing for photo shoots. During a review of DVDs seized from Bettman’s residence, law enforcement discovered 469 hidden camera videos of 49 identified gymnastic students ranging in age from 8-16 years old, along with 220 still images created from the videos. Most of the victims were completely nude during the changing process, and the still images made by Bettman focused on the victims’ genitalia.
Bettman also admitted that he possessed, received and distributed images of child pornography via the internet. While there was no evidence that Bettman distributed the pornographic images of the gymnasts he covertly videotaped, Bettman admitted that he did distribute images of child pornography that he downloaded from the internet.
“People in positions of trust have a special duty to protect our children, and Bettman, a gymnastics coach, violated that duty,” said Billy J. Williams, United States Attorney for the District of Oregon. “Thanks to the dedication of an amazing team of law enforcement agents, and Assistant U. S. Attorneys working with dedicated victim-witness advocates from the U.S. Attorney’s Office, defendant, Bettman, finally faced his day of reckoning for two decades of horrific sexual abuse conduct. People who abuse children are too often able to manipulate and scare their victims in order to avoid detection. The sentence handed down by the Honorable Judge Ann Aiken should send a clear message to everyone in the community—abuse our vulnerable children and you will be held accountable.”
This case was investigated by the Southern Oregon High Tech Crimes Task Force, the Medford, Grants Pass and Klamath Police Departments, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Judith Harper and Amy Potter prosecuted the case.
Former Sacramento DMV Licensing Registration Examiner Sentenced for Conspiracy, Bribery, and FraudRead the Press Release
SACRAMENTO, Calif. — Andrew Kimura, 31, of Sacramento, was sentenced today by U.S. District Court Judge Garland E. Burrell Jr. to three years and 10 months in prison and a $7,500 fine for participating in a bribery conspiracy that licensed unqualified drivers, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, in approximately June 2011, Kimura was a Licensing Registration Examiner who worked in the DMV’s office in Sacramento. He processed applications for Class A and Class B commercial and Class C non‑commercial driver’s licenses.
Kimura conspired with others to obtain Class A CDLs for individuals who had not taken or passed the necessary DMV examinations in return for the payment of money to employees of the DMV, and to produce identification documents without lawful authority. Co-defendants who owned and operated truck driving schools acted as brokers to assist individuals in obtaining driver’s licenses. They paid money to Kimura to access the DMV’s computer database and alter individuals’ electronic DMV records to fraudulently and incorrectly indicate that applicants had passed examinations for Class C licenses, had passed the written examination for Class A CDLs, or had fulfilled the requirements for a Class A or Class B CDL renewal. These incorrect and fraudulent entries in the DMV database caused the DMV to issue licenses to unqualified individuals.
Acting U.S. Attorney Talbert stated: “California and every other state requires drivers to prove they have a basic understanding of the rules of the road and an ability to safely operate a vehicle. Kimura violated the public’s trust for his own personal gain when he circumvented this process and gave unqualified people licenses to drive on the nation’s roads and highways. We remain committed to working with our federal and state law enforcement partners to prosecute such fraud.”
“The California Department of Motor Vehicles (DMV) takes fraud and illegal activity very seriously and is not tolerated. This case is just one example of the extraordinary work performed by DMV Investigations to ensure the safety of the motoring public,” said DMV Director Jean Shiomoto. "One of our priorities is to continually look at new ways to safeguard against fraud.”
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the California Department of Motor Vehicles’ Investigations Division, Office of Internal Affairs. Assistant United States Attorneys Todd Pickles and Rosanne L. Rust are prosecuting the cases.
Charges are pending against co-defendants Pavitar Dosangh “Peter” Singh, 59, of Turlock, Mangal Gill, 56, of San Ramon, and Robert Turchin, 66, of Salinas. A status conference is scheduled for them on September 23, 2016. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
On August 11, 2015, DMV employee Emma Klem, 46, of Salinas and truck driving school owner Kulwinder Dosanjh “Sodhi” Singh pleaded guilty. Both are scheduled for a status conference in February 2017.
Former Owner of Comfort Care Providers, LLC, Pleads Guilty to Social Security FraudRead the Press Release
Contact Person: Jamie Lea Schoen (864) 282-2100
Greenville, South Carolina ---- Acting United States Attorney Beth Drake stated today that Takenya Gallman Rookard, a/k/a “Takenya Natori Gallman,” age 34, of Greenville, South Carolina has entered a guilty plea in federal court in Anderson, South Carolina to Theft of Government Funds, a violation of 18 U.S.C. § 641. United States District Judge Timothy M. Cain of Anderson accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Takenya Rookard lied to an Administrative Law Judge when seeking Social Security disability benefits. Ms. Rookard failed to disclose her work as a co-owner of Comfort Care Providers, LLC, both while seeking and later receiving benefits.
Acting United States Attorney Drake stated the maximum penalty for Theft of Government Funds is imprisonment for 10 years and/or a fine of $250,000.
The case was investigated by agents of the Social Security Office of Inspector General. Assistant United States Attorney Jamie Lea Schoen of the Greenville office is prosecuting the case.
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Former Owner of American Waste, Inc. Sentenced to 18 Months Imprisonment for Illegal DumpingRead the Press Release
Contact Person: Jamie Lea Schoen (864) 282-2100
Columbia, South Carolina---- Acting United States Attorney Beth Drake stated today that Timothy Howard, age 51, of Greer, South Carolina was sentenced yesterday in federal court in Anderson, South Carolina, for Violating Pretreatment Standards of the Clean Water Act, in violation of 33 U.S.C. § 1317 and 1319. United States District Judge Timothy M. Cain of Anderson sentenced Howard to 18 months imprisonment, a $10,000.00 fine, and 1 year of supervised release.
Evidence presented at the change of plea hearing established that April 2, 2011, and June 18, 2013, Howard illegally dumped waste at unauthorized locations connected to the Renewable Water Resources (ReWa) and Town of Lyman Sewage Systems, respectively. Evidence presented at the sentencing hearing also established that during the course of the investigation, Howard made false statements to local law enforcement and submitted hauling log records to DHEC which omitted over 85% of his septage handling activities, thereby obstructing the investigation.
"Intentional acts by rogue septic haulers pose serious risks to the health of our community and environment. Those who operate within this industry must adhere to the regulations and laws for which they are permitted," said Andy Castro, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Atlanta, Georgia. “EPA and its law enforcement partners are committed to the protection of public health and will continue to pursue those who blatantly undermine those efforts.” Acting United States Attorney Beth Drake stated, "The United States Attorney's Office prioritizes environmental cases in an effort to protect our citizens and natural resources and deter future wrongdoers. Environmental crimes have a serious cost for our society, especially in cases such as this where public facilities bear the brunt of the harm. I ask that you report any violations to the EPA at (800)241-1754 or http://www2.epa.gov/enforcement/report-environmental-violations."
The case was investigated by agents of the Environmental Protection Agency, South Carolina Department of Health and Environmental Control, Greenville County Sheriff’s Office, Lyman Police Department, and Duncan Police Department. Assistant United States Attorney Jamie Lea Schoen of the Greenville office prosecuted the case.
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Former Mountlake Terrace, Washington Man Sentenced to 15 Years in Prison for Production and Possession of Child PornographyRead the Press Release
A 51-year-old Mountlake Terrace, Washington man was sentenced today in U.S. District Court in Seattle to 15 years in prison for production and possession of child pornography, announced U.S. Attorney Annette L. Hayes. DAVID STEPHENS, 51, was identified by law enforcement in February 2015 as someone who was sharing images of child rape and abuse over a peer-to-peer file-sharing network. When agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a court authorized search warrant on STEPHENS’ home in March 2015, they seized electronic devices with thousands of images of child rape and abuse. Among the images were some photos STEPHENS had produced of his molestation of a young child. In addition to the mandatory minimum 15 year sentence, U.S. District Judge Marsha J. Pechman imposed a lifetime term of supervised release to follow the prison term.
STEPHENS pleaded guilty April 28, 2016. STEPHENS will be required to register as a sex offender. His sentence calls for him to undergo sex offender treatment while he is in custody and following his release from prison.
According to records filed in the case, STEPHENS had been charged with child pornography offenses in 2002 in Snohomish County, but because of legal issues those charges were ultimately dismissed. The child of a former girlfriend also disclosed that STEPHENS had molested her over a period of years, but no charges were filed in that case. Despite those encounters with law enforcement, STEPHENS continued to trade images of child sexual abuse and produced the images of his molestation of a child left in his care.
In October 2016, the court will be asked to set restitution for victims in this case – both the victim depicted in the photos STEPHENS produced and the known victims depicted in the child pornography he viewed and traded over the internet.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). The case is being prosecuted by Assistant United States Attorneys Matthew Hampton and Siddarth Velamoor.
Five Sentenced to Federal Prison in Connection with a Fraudulent Multi-Million Dollar Income Tax Refund SchemeRead the Press Release
In Austin today, five individuals, including three sisters, were sentenced to federal prison for their roles in a scheme that involved over 3,200 fraudulent income tax returns that claimed refunds totaling more than $9 million announced United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter.
United States District Judge Sam Sparks sentenced:
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Natividad Mercado Medina, a 38–year-old Mexican national who formerly lived in Conroe, TX, and is residing in Atlanta, GA, to 121 months in federal prison;
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Elizabeth Mercado Medina, a 39–year-old Mexican national residing in Atlanta, GA, to 108 months in federal prison;
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Sofia Mercado Medina, a 37-year-old Mexican national residing in Atlanta, to 108 months in federal prison;
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Bertin Sanchez Garcia, a 28–year-old Mexican national residing in Georgetown, TX, to 33 months in federal prison; and,
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Yajaira Limon Lopez, a 36-year-old Mexican national residing in Houston to 51 months in federal prison.
In addition to the prison terms, Judge Sparks ordered that the defendants pay, joint and severally, $3,888,519.67 restitution to the Internal Revenue Service; and, be placed on supervised release for a period of three years after completing their prison terms. Judge Sparks also granted the Government’s request to forfeit Sophia’s and Elizabeth’s residences in Georgia and $93,000 in U.S. Currency.
According to court records, in 1996, the Internal Revenue Service began issuing Individual Taxpayer Identification Numbers, or “ITINs”. By obtaining an ITIN, an individual who is already disregarding federal law by living in the United States illegally is given the opportunity to comply with federal law by filing taxes. If the applicant can furnish sufficient proof (i.e. foreign birth certificate, national identification card, passport, etc.) that he or she is living in the United States illegally, the IRS will issue that person an ITIN.
Beginning in 2014 and under the direction of Natividad Medina, the defendants conspired to steal money from the U.S. Treasury and U.S. taxpayers by exploiting the ITIN system. The Medina sisters began by collecting Mexican identification documents from unknown people in Mexico and used those to fraudulently obtain ITINs. The Medina sisters then used those ITINs to submit false and fraudulent income tax returns to the Internal Revenue Service Center in Austin. They requested that the IRS mail refund checks to residences or to one of more than 200 post office boxes in and around the Houston area which Lopez had rented and maintained on behalf of the Medina sisters.
All five defendants, who have remained in federal custody since their arrests in February 2016, entered guilty pleas to one count of conspiracy to commit mail fraud earlier this year.
“These unscrupulous defendants thought they had figured out a clever scheme to thwart the IRS and steal from American taxpayers,” said William J. Cotter, IRS Criminal Investigation, Special Agent in Charge, San Antonio Field Office. “The IRS has made investigating these types of crimes a top priority and we will vigorously pursue those who undermine the integrity of the U.S. tax system.”
This case was investigated by the Internal Revenue Service-Criminal Investigation together with the U.S. Postal Inspection Service. Assistant United States Attorneys Dan Guess, Matt Harding and Daniel Castillo prosecuted this case on behalf of the Government.
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Federal Investigation Targets Violent Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the results of a four-month, multi-agency investigation targeting violent crime in Bernalillo County, N.M., during a press conference. Joining them in making the announcement were 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, Chief Deputy U.S. Marshal Alex Ramos, New Mexico State Police Chief Pete N. Kassetas, Albuquerque Police Chief Gorden E. Eden, Jr., Bernalillo County Sheriff Manuel Gonzales III, New Mexico Corrections Department Secretary Gregg Marcantel, and Rio Rancho Police Chief Michael Geier.
The ATF-led investigation resulted in the filing of 58 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation also developed information leading to the indictment of four other individuals on state charges arising out of two murders in Bernalillo County in May and June 2016.
The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms. The investigation, which concluded yesterday, was the ninth multi-agency, multi-month investigation completed throughout the United States under the ATF’s Enhanced Enforcement Initiative (EEI).
The investigation was also undertaken in support 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 collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
In announcing the results of the investigation, U.S. Attorney Damon P. Martinez said, “The purpose behind this investigation and its resulting prosecutions is to ensure that we keep control of our streets. The law enforcement community is sending a loud and clear message to the worst of the worst offenders in our community: you cannot commit crime in New Mexico with impunity and without consequence. We are putting you on notice. We are watching, and we will continue to be vigilant.”
“ATF’s Enhanced Enforcement Initiative (EEI) has cut a distinctive path through the violent criminal element in the Albuquerque metropolitan area. Utilizing the federal firearms and narcotics laws, our undercover agents have arrested 98 individuals and taken 127 firearms off the streets, making this EEI the most successful and impactful enforcement operation to date said,” ATF Special Agent in Charge Thomas G. Atteberry. “The federal prosecution of these individuals, some of whom have significant criminal histories, puts the brakes on the turnstile justice often experienced in the state judicial system. Our goal is simple: to put violent, repeat offenders behind bars for as long as possible, and keep them from interacting with the good people of New Mexico.”
“The results of this enforcement initiative exceeded our expectations. It has confirmed, however, what those of us in law enforcement already knew: there is a clear and direct correlation between drugs, guns and violence,” said DEA Special Agent in Charge Will R. Glaspy. “DEA will continue to work with our law enforcement partners to target those individuals and criminal organizations who spread their poison on the streets of Albuquerque, and in doing so we will make our community a safer place for all.”
Deputy U.S. Marshal Alex Ramos added, “By combining the resources of the various agencies, we are able to accomplish many things that one agency by itself would be hard pressed to achieve. When law enforcement and the public join forces, each are doing their part to make our communities, our homes and most importantly, our families safer. This was truly a team effort.”
To date, 94 of the 104 federal defendants and the four state defendants have been arrested. The defendants were arrested during two phases of the investigation. The first began in mid-April 2016 and concluded on July 7, 2016, and the second began on July 8, 2016 and concluded on August 10-11, 2016. As of the issuance of this press release, ten federal defendants have yet to be arrested and are considered fugitives. Information about the defendants and the charges against them is attached to this press release.
During the course of the investigation, law enforcement officers took 127 firearms, including a number of assault-type weapons, off the streets of Albuquerque and Bernalillo County. They also purchased and seized more than 17 pounds of methamphetamine, more than 2.5 pounds of heroin, 14 ounces of crack cocaine, more than a pound and a half of cocaine, and 100 pills. Four vehicles were also seized during the investigation.
“Once again, we are proud to be part of the cooperative effort by federal and state agencies to effect greater public safety for our citizens,” said 2nd Judicial District Attorney Kari E. Brandenburg. “Our prosecutors are dedicated to doing their best to ensure justice for the families and friends of the victims. I want to personally thank each agency for their hard work and assure them of our continued commitment.”
“The citizens of New Mexico are safer today because of the collaborative effort between law enforcement agencies. When law enforcement agencies combine resources and assets, we are able to prevent violent crimes,” said New Mexico State Police Chief Pete N. Kassetas. “This operation is a great example of how local, county, state and federal agencies are working with State District Attorneys and the U.S. Attorney to prevent violent crimes. It also reinforces that there are consequences to those that choose to commit violent crimes in our state.”
“The Albuquerque Police Department greatly appreciates that ATF selected Albuquerque for this complex operation, which has been extremely successfully because of strong support from the U.S. Attorney’s Office,” said Albuquerque Police Chief Gorden E. Eden, Jr. “This operation demonstrates yet again the critical cooperation necessary to fight crime and the criminal element that preys on the innocent. As these cases advance through the criminal justice system, we will all witness the strength of our collaborative commitment to the safety and security of this community.”
New Mexico Corrections Department Secretary Gregg Marcantel noted, “The work represented today is much more than cooperation between agencies – it is true collaboration. It is collaboration because much more is involved than simply working together. These results are about law enforcement, corrections and prosecutors, with like hearts and purpose, walking along-side one another to add value and safety to our communities.”
“In times of minimal staffing and other diminished resources, multi-jurisdictional activities like this one will prove to be an effective approach to combating the serious violent crime epidemic in our communities. The old adage, ‘united we stand, but divided we fall’ still holds true today,” said Rio Rancho Police Chief Michael Geier. “The Rio Rancho Police Department was honored to be part of this innovative and cooperative team effort.”
The following agencies participated in the investigation: ATF, including its Albuquerque office, DEA in Albuquerque, U.S. Marshals Service, New Mexico State Police, Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the Security Threat Intelligence Unit and the Probation and Parole Division of the New Mexico Corrections Department, and the Rio Rancho Police Department. Assistant U.S. Attorneys Kimberly A. Brawley, Rumaldo R. Armijo, Norman Cairns, Eva M. Fontanez, Edward Han, Samuel A. Hurtado, Paul Mysliwiec, Paul H. Spiers, James D. Tierney, Presiliano A. Torrez, David M. Walsh, and Jacob A. Wishard are prosecuting the federal cases. The state cases are being prosecuted by Assistant District Attorneys Sherri Trevino and Mark Probasco of the 2nd Judicial District Attorney’s Office.
Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
Photographs of the ten fugitives are attached to this press release. Individuals with information on the whereabouts of these fugitives are asked to contact the U.S. Marshals Service at (505) 346-6400.
ATF Takedown Defendants and Charges
ATF Fugitive Ayala ATF Fugitive Barela ATF Fugitive Bowman ATF Fugitive Chestnut ATF Fugitive Cropsey ATF Fugitive Loya ATF Fugitive Parra ATF Fugitive Rivas ATF Fugitive Ruiz ATF Fugitive Torrez
Everett Man Pleads Guilty in Murder-for-Hire PlotRead the Press Release
BOSTON – An Everett man pleaded guilty today in U.S. District Court in Boston to a federal murder-for-hire charge.
Joseph Burke, 52, pleaded guilty today to using facilities of interstate commerce in commission of a murder-for-hire. Judge Denise J. Casper scheduled sentencing for Nov.15, 2016, and deferred accepting Burke’s guilty plea until the date of sentencing. If the court accepts the plea, Burke will be sentenced to 90 months in prison.
The murder plot was developed through a series of meetings between Burke and an undercover federal agent (UC).Burke told the UC that he needed money and was willing to commit murder, stating, “You might know some rich people who want to get out of a marriage.” In a later meeting, Burke agreed with the UC to kill a man the UC said was causing problems. Burke and the UC had several meetings to discuss the logistics of the murder, including where Burke would do it, the disguise he would wear, and Burke’s compensation for the murder. Burke described how he would commit the murder, stating, “I’m gonna [expletive] shoot him in the head. . . . gonna hit him right in the [expletive] derby.” In a later conversation, Burke told the UC that he was going to shoot the man in the chest and then, “stick [the gun] in his mouth . . [and] say, ‘Listen, this is for [the UC].’”
The charging statute provides a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; David W. Hall, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Evans made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Timothy E. Moran and John A. Capin of Ortiz’s Office.
Eleventh Circuit Affirms All Convictions for Former WellCare ExecutivesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that the United States Court of Appeals for the Eleventh Circuit has affirmed the convictions for all four defendants who stood trial in 2013 in the case of United States v. Peter Clay et al., commonly known as “The WellCare case.”
In June 2013, a federal jury in the Middle District of Florida found former WellCare Chief Executive Officer Todd S. Farha guilty of two counts of health care fraud; former WellCare Chief Financial Officer Paul L. Behrens guilty of two counts of making false statements relating to health care matters and two counts of health care fraud; William L. Kale, former Vice President of Harmony Behavioral Health, Inc. (a wholly-owned subsidiary of WellCare), guilty of two counts of health care fraud; and Peter E. Clay, former WellCare Vice President of Medical Economics, guilty of making false statements to a law enforcement officer.
In May 2014, the district court sentenced Farha to 36 months in prison, Behrens to 24 months, and Kale to one year and one day, and also sentenced Clay to five years’ probation (and no imprisonment). Clay then began serving his probation, but Farha, Behrens, and Kale have remained free pending the outcome of their appeal.
In a 124-page opinion and “[a]fter reviewing the extensive trial record and with the benefit of oral argument,” the Eleventh Circuit has now affirmed the jury’s verdicts against all four defendants.
As the Court summarized the case against Farha, Behrens, Kale, and Clay: “At trial, the government proved that together the defendants participated in a fraudulent scheme to file false Medicaid expense reports that misrepresented and overstated the amounts [that WellCare subsidiaries Staywell Health Plan of Florida and HealthEase of Florida, Inc.] spent on medical services for Medicaid patients, specifically outpatient behavioral health care services. By overstating these expenses, the defendants helped Staywell and HealthEase retain millions of dollars in tax-subsidized Medicaid funds that they should have refunded to the Florida Agency for Health Care Administration (‘AHCA’). This, in turn, inflated the profits of Staywell, HealthEase, and WellCare and earned the defendants financial rewards.”
The Court of Appeals characterized the evidence of criminal intent in this case as “overwhelming” and rejected the defendants’ characterization of their convictions as “the improper criminalization of routine contractual and regulatory disagreements.” Specifically, the Court declined to credit the defendants’ argument that their false reports of expenditures on mental healthcare for the poor, which were designed to retain publicly-funded Medicaid monies as profit, were “reasonable” interpretations of their statutory and contractual obligations, stating that it “need not further analyze the defendants’ post-hoc interpretation” because the defendants “did not believe it, knew what was required, and knew their answers were false.”
This case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Florida Attorney General's Medicaid Fraud Control Unit. The case was handled on appeal by Assistant United States Attorney Karin B. Hoppmann. It was prosecuted by Assistant United States Attorney Jay Trezevant, Assistant United States Attorney Cherie Krigsman, Senior Trial Attorney John Michelich of the Department of Justice’s Criminal Division’s Fraud Section, and Special Assistant United States Attorney John Bowers of the Middle District of Florida.
Eighth Circuit Court of Appeals Affirms Drug Trafficker's Life SentenceRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the life sentence of Luciano Camberos-Villapuda who was convicted in March 2015 by a federal jury in Sioux Falls of conspiracy to distribute 500 grams or more of methamphetamine.
“This prosecution ended the career of a significant interstate drug trafficker, responsible for polluting our South Dakota communities with methamphetamine,” U.S. Attorney Seiler said. “Today’s decision upholding his life sentence without parole should serve as a cautionary tale to anyone involved in the illegal drug trade.”
In May 2013, police in Denver received a tip that an out-of-state vehicle would be delivering methamphetamine to a home there. Denver police conducted surveillance of the area. In the early morning hours, as he was walking in the neighborhood’s alley, one of the detectives observed a man, later identified as Camberos, using a flashlight to work under an SUV.
The detective was suspicious that Camberos was making a “vehicle hide”—an alteration made to a vehicle’s frame, in which narcotics, weapons, and firearms can be hidden. He and other officers approached Camberos and questioned him. When questioned, Camberos gave various conflicting, suspicious statements, such as not knowing who owned the vehicle, that he did not know who lived in the house and had not been inside, but then later he said he was staying there. The officers secured the residence and pursued a search warrant. Officers were concerned that others within the home might dispose of evidence or present a safety risk. There was also concern that Camberos might be attempting to burglarize the residence. As they secured the residence, officers saw methamphetamine and drug paraphernalia.
After obtaining a warrant, the officers searched the SUV and the home. They seized two handguns, over 200 grams of methamphetamine, and $80,000. Camberos was charged with conspiracy to distribute 500 grams or more of methamphetamine. He moved to suppress evidence seized and statements he made to the police in Denver, and that motion was denied.
A jury found Camberos guilty of the conspiracy charge. Evidence at trial showed that, among other places, Camberos was trafficking drugs to South Dakota, including shipments made to Yankton. Because Camberos had been convicted previously of two felony drug offenses, he was subject to a mandatory life sentence.
Camberos appealed, arguing that the district court erred in denying his motion to suppress evidence and that his life sentence violated the Constitution. The Eighth Circuit Court of Appeals found that the district court properly denied the motion to suppress physical evidence. The appellate court reasoned that Camberos abandoned any privacy right to the searched property when he told officers they were not his.
Camberos’s challenge to his life sentence also failed. The appellate court cited its own precedent and Congress’s clear intent to subject recidivist federal drug offenders to a mandatory life sentence.
Assistant United States Attorney John Haak prosecuted the case, and Assistant United States Attorney Dennis Holmes argued the appeal for the government. The case was investigated by the Denver Police Department and the Drug Enforcement Administration.
Dubai Man Pleads Guilty to Bribery of Public OfficialRead the Press Release
SACRAMENTO, Calif. — Ahmed Pervez Aarianpur, 36, of Dubai, United Arab Emirates, pleaded guilty today to bribing a public official of the United States, Acting U.S. Attorney Phillip A. Talbert announced.
On September 11, 2014, a federal grand jury in Sacramento indicted Aarianpur for violating federal bribery laws, and a sealed warrant for his arrest was issued. Aarianpur was arrested on October 3, 2014, in Prague, Czech Republic. Aarianpur was extradited and flown to the United States on Friday, July 20, 2016.
According court documents, between July 2014 and September 2014, Aarianpur offered to pay a $90,000 bribe to a U.S. Air Force contracting officer stationed at Travis Air Force Base in order to secure a $1.4 million government contract for electronic door locks. By the terms of the contracts, the locks would need to be shipped to Travis Air Force Base for inspection. If the goods passed inspection, the military would then ship the goods to Afghanistan. Aarianpur operated primarily out of Dubai but met with undercover operatives in Prague, Czech Republic, to make an initial payment on the $90,000 bribe.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Michael M. Beckwith is prosecuting the case.
Aarianpur is scheduled to be sentenced on November 3, 2016, by U.S. District Judge Morrison C. England Jr. Aarianpur faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Drug Trafficker Sentenced to Serve a Total of 425 Months in Federal Prison on Conspiracy and Money Laundering ConvictionsRead the Press Release
DALLAS — One of the principal defendants charged in a major drug distribution conspiracy that operated in the Dallas-Fort Worth metroplex and elsewhere was sentenced yesterday afternoon by U.S. District Judge Jane J. Boyle to a lengthy federal prison sentence after pleading guilty last year to felony offenses stemming from his role in that conspiracy.
Jose Guerrero, a/k/a “J.D.,” 38, was sentenced to serve a total of 425 months in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Guerrero pleaded guilty in September 2015 to one count of conspiracy to possess with intent to distribute and distribute 500 grams or more of methamphetamine and one count of laundering of monetary instruments. Judge Boyle sentenced him to 425 months on the drug conspiracy conviction and 240 months on the money laundering conviction, to run concurrently. Guerrero will also forfeit $20,970 in U.S. currency found by federal agents in his safety deposit box in July 2015, $40,276 seized from a bank account in July 2015, a firearm, and a 2007 Hummer H3 vehicle.
According to documents filed in the case, beginning in November 2012,Guerrero, along with Tony Ruvalcaba, a/k/a “Lil Tony,” Eusebio Martinez Ramirez, Jr., a/k/a “Sip,” “Eduardo Ruvalcaba, a/k/a “Lalo,” Kenneth Johnson, a/k/a “KJ,” Noel Escamilla, Octavius Donnel Williams and Kenneth Johnson, a/k/a “KJ,” conspired to possess with intent to distribute 500 grams or more of methamphetamine. Court documents indicate that Guerrero admitted he was being supplied multi-kilogram amounts of methamphetamine which he then worked to distribute to various individuals. Court documents reveal that Guerrero provided a price list of $9000 to $9500 per pound of methamphetamine or $17,000 to $17,500 per kilogram.
With regard to Guerrero’s money laundering conviction, Guerrero admitted that on February 22, 2013, he accepted $13,000 cash from co-defendant Ernest Olivarez, knowing that the money he received was illegal drug proceeds. Guerrero also admitted that, in August 2013, he provided $17,040 in drug money to an undercover officer so that it could be laundered.
The Federal Bureau of Investigation, Dallas Police Department, and Internal Revenue Service Criminal Investigation led the investigation with assistance from the Texas Department of Public Safety; the DFW Department of Public Safety; the U.S. Department of State; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Transportation Security Administration; the U.S. Secret Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and the Fort Worth, McKinney, Mesquite, and Plano Police Departments.
Assistant U.S. Attorney George Leal is prosecuting the case.
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Derby Man Connected to Overdose Death Sentenced to 71 Months in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that BRADLEY COMMERFORD, 20, of Derby, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 71 months of imprisonment, followed by six years of supervised release for distributing heroin. Judge Thompson also ordered COMMERFORD to perform 150 hours of community service while on supervised release.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, the DEA’s New Haven Tactical Diversion Squad, Derby Police Department and Shelton Police Department investigated two non-fatal heroin overdoses that occurred in Shelton on February 16, 2016, and one fatal overdose that occurred in Derby on February 17, 2016. The Derby overdose resulted in the death of a 23-year-old male. The Shelton overdoses involved one individual who was 18 and another who was 22.
The Office of the Chief Medical Examiner subsequently issued a report listing the Derby victim’s cause of death as “acute fentanyl intoxication.”
The investigation, which included victim and witness interviews, as well as analysis of numerous text messages of the decedent’s phone, identified COMMERFORD as the heroin source of supply in all three overdose cases. The investigation also revealed that COMMERFORD sold heroin to a 16-year-old individual who did not overdose.
“While this defendant has faced difficulties and struggled with addiction himself, his reckless behavior cannot be excused,” said U.S. Attorney Daly. “He regularly distributed heroin to teenagers and sold heroin after being convicted in state court of several serious felony offenses. More disturbing, even after the overdose death in this case, he continued to sell heroin and was arrested while on his way to purchase a distribution quantity of heroin from his source in Waterbury. This sentence will help to protect the public, give this defendant substantial time to consider and address his own addiction and, hopefully provide some small measure of solace to the victim’s family. We will continue to prioritize opioid overdose cases and target heroin and fentanyl dealers to raise awareness of the opioid epidemic and prosecute those responsible for it. I thank the DEA and task force partners for their tireless commitment to this effort.”
“Those suffering from the disease of heroin addiction need access to treatment and recovery,” said DEA Special Agent in Charge Ferguson. “But, those responsible for distributing lethal drugs like heroin and fentanyl to the citizens of Connecticut need to be held accountable for their actions. In response to the ongoing opioid epidemic DEA and its local, state and federal partners are committed to bringing to justice those that distribute this poison.”
COMMERFORD has been detained since his arrest on February 18, 2016. On May 6, 2016, he pleaded guilty to one count of distribution of heroin to an individual who is under 21 years of age.
The DEA’s New Haven Tactical Diversion Squad includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe, Fairfield and Middlebury Police Departments, and the Connecticut State Police.
This case was prosecuted by Assistant U.S. Attorney Robert M. Spector.
DOJ and FTC Seek Views on Proposed Update of the Antitrust Guidelines for Licensing of Intellectual PropertyRead the Press Release
Revisions Undertaken Jointly by the Two Agencies
The Department of Justice’s Antitrust Division and the Federal Trade Commission seek public comment on a proposed update of the Antitrust Guidelines for the Licensing of Intellectual Property, also known as the IP Licensing Guidelines. The IP Licensing Guidelines, which state the agencies’ antitrust enforcement policy with respect to the licensing of intellectual property protected by patent, copyright and trade secret law and of know-how, were issued in 1995 and are now being updated.
In the past 20-plus years, the IP Licensing Guidelines have served their intended purpose of providing guidance to businesses and the public regarding potential antitrust issues that may arise in the context of intellectual property licenses. In their 2007 joint report entitled Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition (the “Antitrust IP Report”), the agencies reaffirmed the integral role of the IP Licensing Guidelines in their analysis of antitrust and intellectual property issues. With the IP Licensing Guidelines as an analytical tool, the agencies have accumulated additional antitrust enforcement experience and policy expertise in this area. The proposed update announced today reflects this knowledge. It is intended to modernize the IP Licensing Guidelines without changing the agencies’ enforcement approach with respect to intellectual property licensing or expanding the IP Licensing Guidelines to address other topics and areas that are addressed, for example, in the 2007 Antitrust IP Report.
“The IP Licensing Guidelines have been invaluable to the department’s investigative and enforcement efforts since they were issued in 1995,” said Acting Assistant Attorney General Renata Hesse, in charge of the Department of Justice’s Antitrust Division. “They have also guided business planning, and they have been cited by courts, in numerous government briefs, business review letters and policy documents. Although the guidelines are sound, it is time to modernize them to reflect changes in the law since they were issued.”
“Licensing is a cornerstone of a strong system of IP rights because it offers one way that firms can maximize the value of their IP and realize an appropriate return on their investment,” said Chairwoman Edith Ramirez of the Federal Trade Commission. “These updated guidelines reaffirm our view that U.S. antitrust law leaves licensing decisions to IP owners, licensees, private negotiations and market forces unless there is evidence that the arrangement likely harms competition.”
In the agencies’ view, the IP Licensing Guidelines remain soundly grounded, as a matter of antitrust law and economics, in three basic principles:
- The agencies apply the same antitrust analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right.
- The agencies do not presume that intellectual property creates market power.
- The agencies recognize that intellectual property licensing allows firms to combine complementary factors of production and is generally procompetitive.
Nevertheless, the agencies have determined that some revisions are in order because the IP Licensing Guidelines should accurately reflect intervening changes in statutory and case law. For example, Congress recently enacted the Defend Trade Secrets Act of 2016, creating for the first time a federal cause of action for misappropriation of trade secrets. Also, the change from a 17-year patent term (from the date of grant) to a 20-year patent term (from the date of filing) effectuated by the Uruguay Round Agreements Act of 1994 was on the verge of taking effect when the IP Licensing Guidelines were issued in 1995. Similarly, copyright terms are longer now than when the IP Licensing Guidelines were issued. The proposed updated IP Licensing Guidelines account for these statutory developments.
Case law developments include the Supreme Court’s decision in Illinois Tool Works, Inc. v. Independent Ink, Inc., in which the Court subscribed to the agencies’ view in the IP Licensing Guidelines that a patent does not necessarily confer market power on the patentee. Another important development is the Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., which held that resale price maintenance (RPM) agreements should be evaluated under the rule of reason, overturning a nearly century-old view of per se illegality. Although Leegin arose in the context of resale price restrictions on goods sold by retailers, the agencies find that its analysis applies equally to pricing restrictions in intellectual property licensing agreements. The IP Licensing Guidelines therefore have been amended to reflect rule-of-reason treatment of vertical price agreements.
The agencies are also updating the IP Licensing Guidelines’ discussion of general principles to reflect the research in the FTC’s 2011 Evolving IP Marketplace report. The agencies also added language to reinforce their longstanding view that “the antitrust laws generally do not impose liability upon a firm for a unilateral refusal to assist its competitors, in part because doing so may undermine incentives for investment and innovation.”
In addition, the agencies are updating the analysis of markets affected by licensing arrangements to mirror the approach taken in the 2010 Horizontal Merger Guidelines. The IP Licensing Guidelines’ approach to innovation markets has been revised to reflect the agencies’ actual experience with this mode of analysis. The proposed update retains the concept of “innovation markets,” but refers to them as “Research and Development Markets” to more accurately reflect how these markets have been defined in enforcement actions.
The agencies are interested in receiving comments on the proposed update from interested parties, including attorneys, economists, academics, consumer groups and the business community. Interested parties may submit public comments to ATR-LPS-IP Guidelines until Monday, Sept. 26. Submitted comments will be made publicly available on the agencies’ websites.
Coventry Man Indicted for Allegedly Providing False Information on Federal Firearms FormRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence on Thursday returned a two-count indictment charging Bradley Richard Allen, 25, of Coventry, with making false statements on a federal firearms form to a federally licensed firearms dealer. It is alleged in the indictment that Allen, while attempting to purchase a firearm, denied that he was the subject of a domestic violence restraining order issued by the Rhode Island Family Court, when in fact he is.
The indictment, which charges Allen with one count of false statement during the attempted purchase of a firearm and one count of false statement to a federally licensed gun dealer, is announced by United States Attorney Peter F. Neronha and Lawrence J. Panetta, Interim Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to court documents, it is alleged that on February 13, 2016, the defendant claimed on an ATF form required to be completed by the purchaser of a firearm that he was not the subject of a protective order. A background investigation by law enforcement revealed that, according to court records, Allen is the subject of a domestic violence restraining order issued by the Rhode Island Family Court on December 1, 2014. The restraining order remains in effect for three years.
According to court records, on March 28, 2016, an ATF agent spoke by telephone with Allen regarding the information he allegedly provided on the ATF form. As a follow-up to that conversation, Allen was scheduled to appear in person at a local ATF office within the next two days to further discuss his claim that he was not subject to a protective order. Allen failed to respond to the ATF office or to contact the agent.
Allen is scheduled to be arraigned in U.S. District Court on August 19, 2016.
Making a false statement during an attempted purchase of a firearm is punishable by a statutory penalty of up to 10 years imprisonment; a fine of $250,000; and a 3-year term of supervised release. Making a false statement to a federally licensed gun dealer is punishable by a statutory penalty of up to 5 years imprisonment; a fine of $250,000; and a 3-year term of supervised release.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Cherry Hill Gang Member Sentenced to 24 Years in Federal Prison for Racketeering ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Michael Smith, a/k/a Lil Mikey, age 23, of Baltimore, to 24 years in federal prison, followed by five years of supervised release, for conspiring to participate in a racketeering enterprise in connection with his gang activities as a member of the “Up the Hill,” “Up da Hill” and “UDH” (UDH) organization, which operates in the Cherry Hill section of Baltimore.
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; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn Mosby.
According to his plea agreements, from at least 1997 to 2013, the UDH organization operated in the Cherry Hill area of Baltimore. UDH members have been in a violent dispute with both the “Coppin Court” and “Little Spelman” organizations, which are involved in criminal activity in the part of Cherry Hill known as “Down the Hill,” or “Down da Hill.” In addition to selling drugs, UDH members have also committed murders, assaults and robberies.
Some of these acts of violence include the August 28, 2011 murder of Little Spelman member Dewayne Jones; the January 20, 2012 murder of Little Spelman leader Dominic Hope; and the August 19, 2009 murder of Charles Pratt.
Smith admitted that he shot and killed rival gang member Charles Pratt on August 9, 2009 in the 600 block of Cherry Hill Road. Smith also admitted that on August 17, 2009, in the 1700 block of E. Lafayette Avenue he possessed a gun that he used in a shootout with another individual earlier that day. An individual was hit in the crossfire and suffered a minor injury. The firearm possessed by Smith was the same gun that was used in a shooting on June 13, 2009; was used to shoot and kill Charles Pratt; and was discharged on August 12, 2009.
Smith also knew that UDH members sold narcotics throughout the neighborhood. During his involvement in the conspiracy, it was foreseeable to Smith that UDH was responsible for the distribution of at least one kilogram of heroin, five kilograms of cocaine, 280 grams of crack cocaine, and marijuana.
A total of 35 Cherry Hill gang members have pleaded guilty to their roles in the racketeering and/or narcotics distribution conspiracies, as well as to other violent crimes.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Andrea L. Smith, Seema Mittal, and Patricia C. McLane, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Brevard County Elementary School Principal Pleads Guilty to Receiving Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Ricky Delano Sheppard (59, Brevard County) has pleaded guilty to receiving child pornography. He faces a mandatory minimum of 5 years, up to 20 years, in federal prison. A sentencing date has not yet been set.
According to court records, on June 3, 2016, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Brevard County Sheriff’s Office executed a search warrant at Sheppard’s residence. At the time, Sheppard was working as a principal at Spessard L. Holland Elementary School. During a forensic examination of Sheppard’s computer media, thousands of images depicting child pornography were located, the majority of which depicted young boys, including toddlers, engaging in explicit sexual acts.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.justice.gov/psc.
Baltimore City Landfill Employee Sentenced to Federal Prison for Soliciting and Accepting Bribes from Trash HaulersRead the Press Release
Baltimore, Maryland – U.S. District Judge Marvin J. Garbis sentenced former Baltimore City Department of Public Works (DPW) employee Tamara Oliver Washington, age 56, of Baltimore, today to 18 months in federal prison, followed by three years of supervised release, for conspiracy and solicitation of bribes. The charges stemmed from a 14 year scheme in which Washington and other DPW employees sought and accepted cash payments from commercial trash haulers in return for allowing the commercial haulers to deposit trash at the Quarantine Road Landfill (Landfill) without paying the required disposal fees. Judge Garbis also entered an order requiring Washington to pay restitution of $6 million.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Robert H. Pearre, Jr., Inspector General, City of Baltimore Office of Inspector General; Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
The DPW’s Bureau of Solid Waste is responsible for managing Baltimore City’s waste management services, including overseeing citizen drop-off centers, such as the Northwest Transfer Station (NWTS) and the Landfill. The waste management system generates revenue for the City by collecting and selling recyclable scrap metal dumped at the City’s trash collection facilities. Baltimore contracts with private salvage companies to purchase and remove scrap metal from its trash collection facilities. DPW employees at the Landfill and NWTS are required to place the recyclable scrap metal in separate bins provided by the salvage companies. The salvage companies regularly pick up the scrap metal and, based on predetermined prices per ton, the salvage companies pay the City for the value of the scrap metal.
Baltimore residents can deposit small amounts of trash and/or recyclables in dumpsters located near the main entrance of the Landfill, free of charge. Individuals or companies commercially hauling trash that have registered their vehicles with the City and obtained Landfill permits, as well as Baltimore residents with larger loads, must deposit their trash in an open area located further within the Landfill. Commercial haulers of trash that meet certain vehicle weight limitations must, in addition to purchasing a Landfill permit, pay a waste disposal fee of $67.50 per ton of trash deposited at the Landfill.
According to her plea agreement, Washington was a DPW employee assigned to the scale house at the Landfill. DPW employees assigned as scale house operators weigh each truck as it enters the Landfill, which is recorded on a computerized point-of-sale system. To activate the system and record a particular transaction, DPW employees must enter the tag number of the truck and a corresponding billing code. The scale house operators reweigh each truck as it leaves the Landfill. The net weight of the deposited trash and the required disposal fee is then calculated and printed on a receipt that is handed to the driver.
Beginning in 2001, about three months after getting hired as a scale house operator at the Landfill, Washington started accepting bribe payments from small haulers in lieu of charging them the full disposal fee for using the Landfill. Beginning in 2002, about one year after being hired, Washington started accepting bribe payments from large haulers of trash in lieu of charging them the full disposal fee for using the Landfill. Washington and other scale house employees accepted $100 bribe payments from some haulers for each truckload of trash dumped at the Landfill. Washington participated in the bribery scheme for more than fourteen years, until her arrest in May 2015.
Washington and others concealed the bribery scheme by not entering a truck’s registration number into the computerized scale system, which meant the transaction was not recorded. Consequently, the transaction would not appear on the scale house’s daily logs and the commercial hauler would not be billed for using the Landfill on that particular occasion. To maintain the pretense that the trucks had been weighed and the disposal fee paid, Washington and others would hand the truck drivers fake or blank receipts when they crossed the outbound scale. In return, the commercial haulers either paid the $100 bribe through the outbound window at the scale house or met with Washington or another scale house operator at an off-site location to pay a week’s worth of bribes or more. The commercial haulers always paid the $100 bribes in cash.
By paying the $100 bribes in lieu of the disposal fees, these haulers saved their businesses thousands of dollars each month, which, in turn, cost the City of Baltimore more than $6 million in revenue. From July 1, 2014 through May 1, 2015 alone, Washington accepted on her own behalf, and on behalf of other DPW employees, more than $40,000 in bribe payments from one individual in return for not charging the individual or his company the required waste disposal fees, which totaled approximately $120,000 during that period of time.
Six Baltimore Department of Public Works (DPW) employees and six commercial trash haulers have been convicted in federal court for this scheme, and/or a second scheme in which DPW employees stole scrap metal from the Landfill for personal gain.
United States Attorney Rod J. Rosenstein praised the FBI, IRS-CI, Baltimore Office of Inspector General, and Maryland State Police for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Martin J. Clarke and Leo J. Wise, who prosecuted the case.
Assistant Attorney General John C. Cruden Announces Appointment of Thomas A. Mariani Jr. to Serve as Chief of the Environment and Natural Resources Division’s Environmental Enforcement SectionRead the Press Release
Assistant Attorney General John C. Cruden, head of the Justice Department’s Environment and Natural Resources Division, announced the appointment of Thomas A. Mariani Jr. to serve as Chief of the division’s Environmental Enforcement Section, effective immediately. Mr. Mariani fills the vacancy left with the departure of W. Benjamin Fisherow in April, who retired as section chief after more than 30 years of public service.
The Environmental Enforcement Section is responsible for the civil enforcement of our nation’s bedrock environmental laws that control pollution, protect public health and the environment and seek recovery of natural resource damages for the American people. As chief, Mr. Mariani will lead approximately 200 public servants who comprise the enforcement section. The section handles a wide range of civil enforcement work, from air, water and land pollution cases to the collection of environmental debts such as cleanup costs. Prior to serving as Chief, Mr. Mariani spent over five years supervising the pursuit of the United States’ civil environmental claims against BP and others, stemming from the April 2010 Deepwater Horizon, oil-spill disaster in the Gulf of Mexico. That matter culminated in the October 2015 announcement of a $20.8 billion settlement with BP, the largest settlement with a single entity in Justice Department history.
“Tom Mariani is not only a determined professional, but also a seasoned environmental lawyer and a true leader who has earned the honor of becoming enforcement chief, a position I once occupied,” said Assistant Attorney General Cruden. “As chief, Tom will be responsible for enforcement of the laws enacted by Congress that protect and preserve the clean air, water and land upon which our nation’s health, fortune and future depend. Tom’s tireless efforts leading the Deepwater Horizon litigation team helped the nation achieve justice and recoup losses after an unprecedented environmental disaster. The results of his and many others’ efforts will continue to help speed the Gulf’s recovery in our lifetimes and profoundly benefit generations of Americans to come.”
Prior to his selection as chief, Mr. Mariani served as a Deputy Chief of the section and, before that, as an Assistant Chief for one of the section’s litigating groups. He joined the Department of Justice in 1986 through its Honors Program. He has worked on a wide variety of cases, including, for example, the Clean Air Act coal-fired power plants initiative, the Clean Water Act initiative to address aging sewer infrastructure in cities across the United States, multi-media cases in the steel industry and many Superfund matters.
In addition to his environmental enforcement work, Mr. Mariani has served in assignments at the U.S. Environmental Protection Agency (EPA) and the U.S. Attorney’s Office for the District of Columbia. He earned his J.D. from the Law School at Columbia University in the city of New York and his undergraduate degree from Hamilton College, in Clinton, New York.
About the Environmental Enforcement Section
The section is one of the largest litigating sections in the Justice Department and includes about one-third of the Environment Division’s lawyers. The section is responsible for bringing civil judicial actions under most federal laws enacted to protect public health and the environment from the adverse effects of pollution, such as the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Oil Pollution Act, the Resource Conservation and Recovery Act (RCRA) and the Superfund law (CERCLA). The section carries out this work on behalf of and in collaboration with many federal agencies, including EPA, the National Oceanic and Atmospheric Administration (NOAA), the Department of the Interior and the U.S. Coast Guard.
The breadth of the section’s practice is extensive and challenging. It includes cases of national scope, such as cases against multiple members of an identified industry (e.g., petroleum refineries, or glass or cement manufacturers), to obtain broad compliance with the nation’s environmental laws. Through its enforcement of the Superfund law, the section seeks to compel responsible parties either to clean up hazardous waste sites or to reimburse the United States for the cost of cleanup, thereby ensuring that they and not the public, bear the burden of paying for cleanup. The Superfund law is also a basis of the section’s actions to recover damages for injury to natural resources that are under the trusteeship of federal agencies.
Alleged UPMC Hack Co-conspirator Extradited to U.S.Read the Press Release
PITTSBURGH – United States Attorney David J. Hickton announced today the extradition of a Cuban national arrested in Venezuela for his alleged role in the University of Pittsburgh Medical Center (UPMC) Stolen Identity Refund Fraud case.
According to U.S. Attorney Hickton, in June 2015, Yoandy Perez Llanes, a Cuban national, was charged in a 21-count indictment with a scheme to defraud the Internal Revenue Service and United States Treasury, and using the stolen identities of UPMC employees to file false federal income tax returns in order to obtain unlawful tax refunds. Llanes and unnamed conspirators allegedly converted the unlawful tax refunds to Amazon.com gift cards, which were used to buy merchandise which was shipped internationally. All of these acts occurred generally between January and April, 2014. Llanes is charged with conspiracy to defraud the United States, wire fraud, money laundering and aggravated identity theft.
Yoandy Perez Llanes was extradited to the U.S. yesterday. He made an initial appearance in U.S. District Court in Western Pennsylvania on Friday, August 12, at 10 a.m. before Magistrate Judge Robert C. Mitchell (Courtroom 9B). The government has requested Llanes’ detention pending trial.
“This case highlights the value of multijurisdictional partnerships in the apprehension of transnational cyber criminals, said Assistant Special Agent in Charge Timothy P. Burke, of the U.S. Secret Service Pittsburgh Field Office. “This investigation and the resulting indictments demonstrate the Secret Service commitment to relentlessly defend the Nation’s financial infrastructure.”
“Internal Revenue Service - Criminal Investigation strives to work with our law enforcement partners to bring criminals to justice---wherever they may be hiding. Today's legal action reflects our commitment to do so on behalf of the law abiding citizens of our country," said IRS-CI Special Agent in Charge, Akeia Conner.
The IRS-Criminal Investigations, the United States Secret Service and the United States Internal Revenue Service – Criminal Investigation conducted the investigation leading to the indictment in this case.
"Well Dressed Man" Serial Bank Robber Sentenced to 3 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — David James Lira, 39, of Roseville, was sentenced today by United States District Court Judge Garland E. Burrell Jr. to three years in prison for robbing five banks in Northern California, Acting U.S. Attorney Phillip A. Talbert announced. Lira was ordered to pay full restitution to the banks he robbed.
Between December 2015 and January 2016, Lira – using various disguises including coats, fake beards, hats, and glasses – robbed the Umpqua Bank at 1801 Douglas Blvd. in Roseville; the Wells Fargo Bank at 3456 McHenry Avenue in Modesto; the Wells Fargo Bank at 4400 Tassajara Road in Dublin; the U.S. Bank at 2111 Oroville Dam Blvd. in Oroville; and the U.S. Bank at 2175 W. Grant Line Road in Tracy. For some of his robberies, Lira obtained rental cars to vary his getaway vehicles. In total, Lira stole over $31,000.
Lira also attempted to rob the Bank of the West at 1112 Galleria Blvd. in Roseville, and the Delta Bank at 2711 McHenry Avenue in Modesto.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the police departments of Roseville, Tracy, Oroville, and Modesto; and the Alameda County Sheriff's Department. Assistant U.S. Attorney Michelle Rodriguez prosecuted the case.
11 August 2016
Two Real Estate Investors Plead Guilty to Rigging Bids at Public Home Foreclosure AuctionsRead the Press Release
22 Defendants Charged in Ongoing Investigation
Two Georgia real estate investors pleaded guilty today for their roles in bid-rigging and fraud conspiracies committed at public real estate foreclosure auctions in Georgia, the Department of Justice announced.
Ellis Galyon and Christopher Anderson each admitted that they agreed with other real estate investors to rig auctions of foreclosed homes in the Atlanta metro area. According to court documents filed today in the U.S. District Court of the Northern District of Georgia in Atlanta, the conspirators agreed not to compete for the purchase of selected foreclosed homes so that they could win the auctions for those homes with artificially low bids. The winning bidders then paid off the other conspirators who had refrained from bidding against them. As a result of Galyon and Anderson’s actions, conspirators profited from money that otherwise would have gone to mortgage holders and other secured debt holders and, in some cases, to the people who owned the foreclosed homes.
Galyon admitted to participating in the conspiracy in Fulton County between June 2007 and at least July 2011. Anderson admitted to participating in the conspiracy in Fulton County between December 2007 and October 2011 and in DeKalb County between September 2009 and November 2011.
Including Galyon and Anderson, twenty-two defendants have been charged in connection with the department’s ongoing investigation into bid rigging and fraudulent schemes involving real estate foreclosure auctions in the Atlanta area. Twenty of those have either pleaded guilty or agreed to plead guilty.
These charges have been filed as a result of the ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section, the FBI’s Atlanta Division and the U.S. Attorney’s Office of the Northern District of Georgia, in connection with the President’s Financial Fraud Enforcement Task Force. The president established the task force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.
For more information about the task force, please visit www.StopFraud.gov. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258 or visit http://www.justice.gov/atr/report-violations.
Two Brooklyn Men Indicted for Distributing Heroin and Cocaine on Dark Web Marketplace AlphabayRead the Press Release
FRESNO, Calif. — Abudullah Almashwali, 31, a Yemeni national residing in Brooklyn, New York, and Chaudhry Ahmad Farooq, 24, a Pakistani national residing in Brooklyn, New York, were indicted today on charges of distributing heroin and cocaine, and conspiracy, Acting United States Attorney Phillip A. Talbert announced. Almashwali and Farooq were arrested on August 2, 2016 in Brooklyn, New York, and are awaiting transfer to the Eastern District of California.
According to court documents, Almashwali and Farooq, using the vendor names “Area51” and “DarkApollo,” were large-scale heroin and cocaine distributors on the dark web marketplace AlphaBay. Dark web marketplaces are operated on computer networks designed to conceal the true Internet Protocol (IP) address of the computers accessing the network. Dark web marketplaces allow for payments to be made only in the form of digital currency, most commonly Bitcoin. While not inherently illegal, digital currency is used by dark web marketplaces because online transactions in digital currency can be completed without a third-party payment processor and are therefore perceived to be more anonymous and less vulnerable to law enforcement scrutiny.
According to the complaint, Almashwali and Farooq accepted orders for heroin and cocaine on AlphaBay, and then mailed the narcotics from post offices in New York to customers throughout the United States. They received payment in Bitcoin. In May 2016, law enforcement made two undercover purchases of heroin from “Area51,” which were delivered to a post office box in the Eastern District of California. Postal records revealed that Almashwali purchased the postage for the two heroin parcels mailed to law enforcement, and that Farooq was involved in other mailings. Law enforcement agents were also able to determine that the encrypted email address used by “Area51” and “DarkApollo” was associated with actual Twitter, Instagram, and Facebook accounts used by Farooq.
This case is a product of an investigation by the Central California Darknet Strike Force, an inter-agency task force dedicated to combating the use of dark web marketplaces and digital currency to distribute narcotics and launder money. The lead agency on this case was the Drug Enforcement Administration, with assistance provided by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Internal Revenue Service, Criminal Investigation, and the U.S. Postal Inspection Service. Assistant United States Attorneys Grant B. Rabenn and Jeffrey Spivak are prosecuting the case.
Additionally, this case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
If convicted, Almashwali and Farooq face a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Troy Man Pleads Guilty to Intending to Sell Crack CocaineRead the Press Release
ALBANY, NEW YORK – Alikubar Shaw, age 33, of Troy, New York, pled guilty today to possessing more than 28 grams of crack cocaine with the intent to sell it.
The announcement was made by U.S. Attorney Richard S. Hartunian; Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation; and New York State Police Superintendent George P. Beach II.
Shaw faces at least 10 years and up to life in prison when he is sentenced on December 19, 2016 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
As part of his plea, Shaw admitted that on January 7, 2014, he was the passenger in a car that was stopped for a traffic violation in Albany County. The driver of the car had a suspended license, and New York State Police Troopers smelled burnt marijuana coming from the car. As Shaw exited the car to speak with one Trooper, the Trooper noticed Shaw touch his rear waist area, and the Trooper then found 263 grams of crack cocaine there. As part of his plea, Shaw admitted that he intended to sell the crack.
This case was investigated by the Federal Bureau of Investigation and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Three Plead Guilty to Palo Bank RobberyRead the Press Release
Two men and one woman who robbed a bank in Palo in May have pled guilty in federal court in Cedar Rapids.
Lance Monden, age 33 from Cedar Rapids, Stanley Mosley, age 36 from Coralville, and Katherine Pihl, age 39 from Tiffin, were all convicted of one count of bank robbery.
Evidence at the plea hearings and an earlier court hearing established that the three robbed the Palo Savings Bank on May 20, 2016. At approximately 2:35 p.m. on that day, Monden and Mosley entered the Palo Savings Bank. Both were wearing black masks and hooded sweatshirts. The two yelled at the employees in the bank and went from teller drawer to teller drawer taking cash and putting it in either the pockets of a sweatshirt or a backpack that one of the robbers was wearing. Monden and Mosley spent about one minute in the bank before running out the door.
Pihl was waiting outside the bank with a Ford Taurus to use as a getaway car. After leaving the bank, Monden and Mosley got into the trunk of the Taurus. Pihl then drove the Taurus out of Palo and south towards Cedar Rapids. Witnesses saw Monden and Mosley running from the bank wearing masks and then saw the Taurus leaving the area of the bank and reported this information to 911. About seven minutes after the bank robbery, a deputy with the Linn County Sheriff’s Office stopped the Taurus and found Monden and Mosley hiding in the trunk of the car. Law enforcement found cash in a backpack in the trunk of the car and on the persons of Monden and Mosley.
Sentencing before United States District Court Leonard T. Strand will be set after a presentence report is prepared. Monden and Mosley remain in the custody of the United States Marshal. Pihl remains free on conditions previously set. All three face a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Linn County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-00051.
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Three Plead Guilty in Stolen Identity Tax Refund Fraud CaseRead the Press Release
Jackson, Miss – Sharon Grear, 47, of Hermanville, Tonya Grear, 29, of Jackson, and Pinkie Tyler, 30, of Jackson, have entered guilty pleas before Senior U.S. District Court Judge William H. Barbour in a case involving the filing of false federal tax returns, announced U.S. Attorney Gregory K. Davis and Jerome R. McDuffie, Special Agent in Charge of IRS Criminal Investigation.
Sharon Grear pled guilty on August 2, 2016 to one count of aggravated identity theft. She will be sentenced on October 11, 2016, and faces a maximum sentence of two years in federal prison followed by one year of supervised release.
Tonya Grear pled guilty on July 19, 2016 to one count of theft of government funds. She will be sentenced on September 27, 2016 and faces a maximum sentence of 10 years in federal prison and a $250,000.00 fine followed by and three years of supervised release.
Pinkie Tyler pled guilty on August 9, 2016 to one count of theft of government funds. She will be sentenced on October 18, 2016 and faces a maximum sentence of 10 years in federal prison and/or a $250,000.00 fine, and three years of supervised release.
"The victims of identity theft and tax refund fraud are often the most vulnerable members of our communities such as the elderly and disabled," said U.S. Attorney Gregory K. Davis. "All tax payers become victims when fraudulent refunds are paid out of the U.S. Treasury. Working together with our law enforcement partners from IRS - Criminal Investigation and the U.S. Postal Inspection Service, we are committed to investigating and prosecuting those who cause harm to the U.S. taxpayers."
IRS Special Agent in Charge, Jerome R. McDuffie, stated: "Crimes involving identity theft remain a priority for the Special Agents of IRS – Criminal Investigation. It is imperative to the achievement of the IRS Mission that these cases are investigated and prosecuted to the fullest extent of the law. I want the law abiding taxpayers to know that we are working diligently to ensure these individuals are held accountable for their misdeeds with regards to violating the tax laws."
This case was investigated by U.S. Postal Inspection Service and IRS-Criminal Investigation. Assistant U.S. Attorney Chris Wansley is prosecuting the case for the government.
Three Individuals Convicted at Trial in Marriage Fraud ConspiracyRead the Press Release
On July 18, 2016, three individuals were convicted at trial for their participation in a fourteen defendant marriage fraud conspiracy.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), made the announcement.
Odalys Marrero, 51, of Kendall, Rolando Mulet, 62, of Kendall and Javier Manejias, 51, of Antioch, Tennessee, were convicted by a Miami federal jury of conspiring to defraud the United States. Marrero and Mulet were also convicted of additional counts of unlawfully encouraging an alien to reside in the United States. The defendants face a statutory maximum sentence of 5 years in prison, as to the conspiracy charge. Marrero and Mulet also face a statutory maximum sentence of 10 years in prison, for each of the additional counts of conviction. The defendants are scheduled to be sentenced on September 26, 2016 before United States District Judge Joan A. Lenard.
According to the court record, including evidence presented during the three-week long trial, between December 2009 and July 2014, organizers Marrero and Mulet recruited Cuban citizens to enter into fraudulent marriages with undocumented aliens for the purpose of evading the immigration laws of the United States. Manejias was one such Cuban citizen, who, in exchange for money, participated in the conspiracy by agreeing with Marrero and Mulet to marry a Venezuelan citizen in order to secure her lawful permanent residency in the United States.
The evidence as trial established that Marrero and Mulet charged these aliens tens of thousands of dollars in cash to arrange the fraudulent marriages, notarize marriage licenses, complete the necessary immigration paperwork, and prepare the co-conspirators for their marriage interviews with United States Citizenship and Immigration Services (“USCIS”). This preparation included Marrero and Mulet directing the couples to conduct a fraudulent wedding ceremony and submit supporting documents such as joint utility bills and bank statements to make it appear that they couple lived together, though in fact they did not. As part of the scheme, these contrived photos and documents were provided to USCIS.
Of the fourteen defendants charged in the indictment, ten of the co-conspirators previously pled guilty for their participation in the fraudulent scheme. Those defendants, including Venezuelan and Colombian nationals, Katiusca Aguilar Navarro, Manuel Andres Gomez, Natacha Perera, Marianelly Auxiliado Rodriguez, and Okyvi Yoll Mesa, each paid tens of thousands of dollars to enter into fraudulent marriages with co-conspirator Cuban nationals Carlos Alberto Mederos Paule, Virginia De la Caridad Mederos Paule, Osvaldo Lastre Duran, Rafael Abreu Gonzalez, and Salvador Cabanas. All of these fraudulent marriages took place in the Southern District of Florida.
Mr. Ferrer commended the investigative efforts of ICE-HSI. Mr. Ferrer also recognized USCIS for the significant and valuable support the agency provided the investigation. The case was prosecuted by Assistant United States Attorney Anne P. McNamara and Special Assistant United States Attorney Michele Vigilance.
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.
Third Man Indicted for Armed Robbery ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a third man has been indicted for his role in a conspiracy that included at least 10 armed robberies, culminating in the armed robbery of a Walgreens in Blue Springs, Mo., which resulted in a fourth suspect being fatally shot by law enforcement officers.
Shannon R. Thomas, 26, of Shawnee, Kan., and Deonte J. Collins-Abbott, 21, and Parrise K. Black, also known as “Kilo,” 24, both of Grandview, Mo., were charged in a 22-count superseding indictment returned under seal by a federal grand jury in Kansas City, Mo., on Wednesday, Aug. 10, 2016. That indictment was unsealed and made public today upon Black’s arrest and initial court appearance. The superseding indictment replaces the original indictment that was returned on April 20, 2016, and adds Black as a co-defendant.
Thomas and Collins-Abbott have been in federal custody without bond since their arrests on March 24, 2016. Black remains in federal custody pending a detention hearing on Tuesday, Aug. 16, 2016.
The federal indictment alleges that Thomas, Collins-Abbott and Black participated in a conspiracy to commit a series of armed robberies between Jan. 2 and March 24, 2016.
In addition to the conspiracy, Thomas and Collins-Abbott are charged together with the armed robbery of the Walgreens located at 9th and Duncan in Blue Springs on March 24, 2016. They are also charged together with possessing and brandishing a firearm in relation to that crime. Thomas is also charged with one count of being a felon in possession of a firearm. Thomas allegedly possessed a Springfield Armory semi-automatic pistol on March 24, 2016.
According to an affidavit filed in support of the original criminal complaint, law enforcement officers were conducting surveillance that day on Thomas and Collins-Abbott as part of an investigation into a series of armed robberies at businesses in Independence, Mo., Raytown, Mo., North Kansas City, Mo., Kansas City, Mo., and Kansas City, Kan. In all of these robberies, the affidavit says, the suspects consistently displayed handguns in a threatening manner and behaved in a violent and aggressive fashion physically toward their victims (including shooting one victim at the Conoco located at 4656 Prospect Ave., Kansas City, Mo., on March 15, 2016). The robberies appear to have been committed consistently by at least four suspects, the affidavit says, who appear in surveillance video in most of the incidents.
On March 24, 2016, according to the affidavit, Thomas, Collins-Abbot and Jermon Seals of Shawnee, Kan., confronted a Walgreens employee outside the business and forced the employee inside at gunpoint. Once inside, the affidavit says, one of the robbers placed a firearm to the back of the employee’s head and took money from the front register. The other two robbers went over the pharmacy counter and took prescription grade cough syrup at gunpoint from the pharmacist. They left the business but were confronted by law enforcement officers as they were walking back to the vehicle. They failed to comply with the officers’ commands, according to the affidavit, and turned towards the officers, pointing a gun in their direction. Officers returned fire and Seals was struck in the exchange. Collins-Abbott and Thomas were apprehended by officers after a short foot pursuit.
In addition to the Walgreens robbery, Thomas and Collins-Abbott are charged together in one count of armed robbery of Phillips 66, 8111 E. 87th St., Raytown, Mo., on March 2, 2016.
In addition to the Walgreens and Phillips 66 robberies, Thomas is also charged with three counts of armed robbery and three counts of possessing and brandishing a firearm in relation to those crimes. Thomas allegedly robbed Midwest Title Loan, 330 W. 85th St., Kansas City, Mo., on Jan. 19, 2016; and Conoco, 4516 E. 39th St., Kansas City, Mo., on March 15, 2016. Thomas and Black are charged together in one count of armed robbery of Shell, 3786 Broadway, Kansas City, Mo., on March 20, 2016, and one count of possessing and brandishing a firearm in relation to that crime.
In addition to the Walgreens and Phillips 66 robberies, Collins-Abbott is charged with five counts of armed robbery and five counts of possessing and brandishing a firearm in relation to those crimes. Collins-Abbott allegedly robbed Worlds Liquor and Tobacco, 1901 NE Russell Rd., Kansas City, Mo., on March 7, 2016; Conoco, 4516 E. 39th St., Kansas City, Mo., on March 8, 2016; and Dollar General, 5100 Blue Ridge Cutoff, Kansas City, Mo., on March 21, 2016. Collins-Abbot and Black are charged together in two counts of armed robbery and two counts of possessing and brandishing a firearm in relation to those crimes. They allegedly robbed QuikTrip, 16501 E. U.S. 40 Hwy., Independence, Mo., on Feb. 3, 2016; and Pour Boys, 2601 Chouteau, North Kansas City, Mo., on Feb. 3, 2016.
In addition to the conspiracy, Black is charged in a total of three counts of armed robbery and three counts of possessing and brandishing a firearm in relation to those crimes – one count in which he is charged together with Thomas, and two counts in which he is charged together with Collins-Abbott.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Adam Caine. It was investigated by the FBI, the Kansas City, Mo., Police Department, the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service.