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Wednesday 15 June 2016
Federal Inmates Charged with Assaulting Another Inmate with A Dangerous WeaponRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 14, 2016, a federal grand jury in Scranton indicted Tony Knott, age 32 and Antoine Whitfield, age 26, both federal inmates at the United States Penitentiary Canaan (“USP Canaan”), in Waymart, Pennsylvania, with assaulting another inmate with a dangerous weapon.
According to United States Attorney Peter Smith, the indictment charges Knott and Whitfield with assaulting a fellow inmate at USP Canaan on May 9, 2016. Knott also was charged with possessing a homemade weapon made from a sharpened piece of metal, commonly known as a “shank.”
The investigation was conducted by the Federal Bureau of Investigation and officers from USP Canaan. The case is being prosecuted by Assistant United States Attorney Evan Gotlob.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment for Whitfield and 15 years of imprisonment for Knott, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Eleven Individuals Indicted in June Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the June 2016 Federal Grand Jury.
“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are nonparoleable.”
JEREMY DWAYNE LAVORCHEK, age 28, of Oklahoma City, Oklahoma
Possession With Intent To Distribute Schedule II Controlled Substances
Robbery Involving Controlled Substances
CarjackingThe Indictment alleges that on or about December 9, 2015, within the Eastern District of Oklahoma, the defendant, JEREMY DWAYNE LAVORCHEK, did knowingly and intentionally possess with intent to distribute Schedule II controlled substances, to-wit: OxyContin, Oxycodone, Hydrocodone, Morphine, and Fentanyl and did take by force, violence and intimidation, from the person or presence of another, a material or compound containing any quantity of a controlled substance with a replacement cost of not less than $500 belonging to or in the care, custody, control and possession of a person registered with the Drug Enforcement Administration under Section 302 of the Controlled Substances Act. It is further alleged that the defendant took by force, violence, and intimidation, with the intent to cause death or serious bodily harm, a motor vehicle from a person and that vehicle, a 2011 Honda Pilot, had been transported, shipped, and received in interstate and foreign commerce.
The charges arose from an investigation by the Muskogee Police Department. The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, a fine up to $1,000,000.00 or both; Title 18, United States Code, Section 2118(a), punishable by not more than 20 years imprisonment, a fine up to $250,000.00 or both and Title 18, United States Code, Section 2119(1), punishable by up to 15 years imprisonment, a fine up to $250,000.00 or both.
First Assistant United States Attorney Doug Horn
ROBERT RAY SNOW, age 43, of Garvin, Oklahoma
Theft Of Livestock
The Indictment alleges that from in or about March 2012, to in or about August 2012, in the Eastern District of Oklahoma and elsewhere, ROBERT RAY SNOW, did knowingly and unlawfully obtain and use the property of another in connection with the marketing of livestock in interstate and foreign commerce, with the intent to deprive the other, namely Texas Beef Cattle Company (TBCC) of Amarillo, Texas, of a right to the property and a benefit of the property and did appropriate the property to his own use and the use of another, as follows: the proceeds of the sale of cattle, which had a value of $10,000 and more.
The charge arose from an investigation by the Federal Bureau of Investigation. The charge is in violation of Title 18, United States Code, Section 667, punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Timothy Hammer
MICHAEL CHRISTOPHER CONDI, age 38, of Muskogee, Oklahoma
Felon In Possession Of Firearm
Possession Of Firearm With Obliterated Serial Number
ForfeitureThe Indictment alleges that on or about January 22, 2016, within the Eastern District of Oklahoma, the defendant, MICHAEL CHRISTOPHER CONDI, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, with an obliterated serial number. It further alleges that on or about April 13, 2016, the defendant having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, both of which had been shipped and transported in interstate commerce.
The charges are a result from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco and Firearms. The charges are in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), punishable by not more than 10 years imprisonment, if determined the defendant is an armed career criminal, not less than 15 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Dean Burris
MICHELLE LEA DAVIS, age 38, of El Reno, Oklahoma
Possession With Intent To Distribute Methamphetamine
ForfeitureThe Indictment alleges that on or about April 30, 2016, in the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance. Upon conviction of the controlled substance offense alleged in the Indictment, the defendant, shall forfeit to the United States, any and all property constituting, or derived from, the proceeds obtained directly, or indirectly, as a result of the said violation(s) and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the said violation(s), including but not limited to the following a Money Judgment representing the amount of proceeds obtained as a result of the offense.
The charge is a result of an investigation by the Pittsburg County Sheriff’s Department and the Drug Enforcement Administration, Drug Task Force. The charge is in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years imprisonment or more than life imprisonment, a fine up to $10,000,000.00 or both.
Assistant United States Attorney Kristin Harrington
STEVEN WILLIAM DELIA, age 61, of Tulsa, Oklahoma
Health Care Fraud
ForfeitureThe Indictment alleges that on or about the February 1, 2010, and continuing through November 9, 2010, in the Eastern District of Oklahoma, the defendant, STEVEN WILLIAM DELIA, knowingly and willfully, with the intent to defraud, devised and executed a scheme to defraud the Oklahoma Medicaid program by causing the filing of false claims and receiving Medicaid payments for medical services not rendered by a qualified medical professional. Upon conviction of one of the offenses alleged in violation of Title 18, United States Code, Section 1347, set forth in this Indictment, the defendant, shall forfeit to the United States of America, any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violation, including but not limited to a money judgment representing the amount of proceeds of the acts charged in the Indictment.
The charges are a result of an investigation by the Oklahoma Attorney General - Medicaid Fraud Control Unit, the Department of Defense and the Department of Health and Human Services, Office of Inspector General. The charge is in violation of Title 18, United States Code, Section 1347, punishable by up to 10 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Melody Nelson
DONNY JOE WORTHINGTON, age 31, of Durant, Oklahoma
Bank Fraud
ForfeitureThe Indictment alleges that on or about April 19, 2011, and continuing until October 31, 2011, in the Eastern District of Oklahoma and elsewhere, the defendant, did devise and did intend to devise a scheme and artifice to defraud Vision Bank, a federally insured financial institution. Upon conviction of the offenses alleged in violation of Title 18, United States Code, Section 1343 the defendant, shall forfeit to the United States of America, any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violations, including but not limited to a money judgment representing the amount of proceeds of the acts charged in the Indictment.
The charge is a result of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigations Division. The charge is in violation of Title 18, United States Code, Section 1344, punishable by up to 30 years imprisonment, a fine up to $1,000,000.00 or both.
Assistant United States Attorney Melody Nelson
KEEVIN MICHAEL RAY WALKER, age 29, of Muskogee, Oklahoma
Felon In Possession Of Firearm
The Indictment alleges that on or about January 16, 2016, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce. The charge is a result of an investigation by the Cherokee Nation Marshals Service, the Muskogee Police Department and the Federal Bureau of Investigation.
The charge is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Kristin Harrington
DUSTIN KYLE HARVEY, age 26, of Grant, Oklahoma
Felon In Possession Of Firearm
The Indictment alleges that on or about April 15, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.
The charge is a result of an investigation by Choctaw Nation Tribal Police and the Federal Bureau of Investigation. The charge is in violation of the Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), punishable by not more than 10 years imprisonment, if determined the defendant is an armed career criminal, not less than 15 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Dean Burris
GRIFFIN MICHAEL SKYLER TAYLOR, age 30, of Sun Valley, California
Felon In Possession Of Firearm
The Indictment alleges that on or about April 14, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce. The charge is a result of an investigation by the Sallisaw Police Department, the Drug Enforcement Administration and the United States Secret Service.
The charge is in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), punishable by not more than 10 years imprisonment, if determined the defendant is an armed career criminal, not less than 15 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Dean Burris
TRAVIS DANIEL PHILLIPS, age 36, of Muskogee, Oklahoma
Felon In Possession Of Firearm
The Indictment alleges that on or about January 19, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce. The charge is a result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation Eastern District Violent Crimes Task Force.
The charge is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Rob Wallace
JESSE KENT COX, age 33, of Coweta, Oklahoma
Interstate Transmission Of Extortionate Communication
Wire Fraud
ForfeitureThe Indictment alleges that on or about February 15, 2016, and February 18, 2016, in the Eastern District Oklahoma, the defendant, knowingly and with intent to extort money from two individuals, did transmit in interstate and foreign commerce from Coweta, State of Oklahoma, to the State of Tennessee, a communication in the form of a text message and the communication contained a threat to injure, specifically a threat of bodily harm or death. The Indictment further alleges that from on or about January 1, 2016, and continuing until on or about March 28, 2016, the defendant, devised and intended to devise a scheme to defraud two individuals and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises. Upon conviction of the offense alleged in this Indictment, the defendant, shall forfeit to the United States of America, any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violation, including but not limited to a money judgment representing the amount of proceeds of the acts charged. The charges are a result of an investigation by the Federal Bureau of Investigation.
The charges are in violation of Title 18, United States Code, Section 875(b), punishable by not more than 20 years imprisonment, a fine up to $250,000.00 or both; and Title 18, United States Code, Section 1343, punishable by not more than 20 years imprisonment, a fine up to $250,000.00 or both.
Assistant United States Attorney Rob Wallace
Danbury Man Admits Murdering I-84 Motorist in 2000Read the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ALEX GARCIA, 37, of Danbury, pleaded guilty today before U.S. District Judge Jeffrey Alker Meyer in New Haven to a federal firearms offense related to the January 17, 2000 murder of Mark Rebong in Danbury.
According to court documents and statements made in court, on January 17, 2000, at approximately 11:02 p.m.., Mark Rebong was discovered in the driver’s seat of an idling vehicle in the vicinity of Exit 2 off of I-84 in Danbury. Mr. Rebong had had been shot once in the head and died as a result of his injuries.
The investigation revealed that GARCIA was a member of the Almighty Latin King and Queen Nation (“Latin Kings”). In late December 1999, there was ongoing dispute in Danbury between the Latin Kings and another criminal gang, the Crips. On December 28, 1999, the dispute escalated as a result of the shooting of a high-ranking member of the Crips.
On January 17, 2000, GARCIA was a passenger in a vehicle traveling westbound on I-84. The driver of the vehicle, a high-ranking member of the Latin Kings, saw Mark Rebong driving near them on the highway and told GARCIA to shoot at Rebong’s vehicle. GARCIA then used an assault rifle to fire two rounds at the vehicle. As a result, Mark Rebong was killed.
Mark Rebong was neither a member of a gang nor engaged in any criminal activity.
“This defendant brutally and senselessly murdered Mark Rebong mistaking him for someone else,” said U.S. Attorney Daly. “Mark was a complete innocent gunned down while driving to work, which makes his death all the more tragic. I thank the DEA, Danbury Police and State Police for never abandoning the search for Mark’s killers, and for achieving justice for Mark and his loved ones. We hope that this conviction brings his family some measure of solace. The investigation of this matter continues.”
GARCIA pleaded guilty to one count of use of a firearm during and in relation to a crime of violence. Judge Meyer scheduled sentencing for September 20, 2016, at which time GARCIA faces a maximum term of imprisonment of life.
In a binding plea agreement, the parties have agreed that a sentence of 30 years of imprisonment is an appropriate disposition of this case.
GARCIA is in state custody serving an unrelated 40-year sentence.
This matter has been investigated by Drug Enforcement Administration New Haven District Office, the Danbury Police Department and the Connecticut State Police Western District Major Crime Squad, with assistance from the Connecticut Department of Correction and the Danbury State’s Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Tracy Lee Dayton.
D.C. Man Pleads Guilty to Armed Robbery of District Heights Liquor StoreRead the Press Release
Greenbelt, Maryland – Donnell Calloway, age 30, of Washington, D.C., pleaded guilty today to robbery conspiracy, and possession of a firearm by a convicted felon.
The guilty plea 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; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to his plea agreement, on January 22, 2014, Calloway, Gregory Evans, and another co-conspirator robbed a liquor store in District Heights, Maryland. After entering the store, Calloway stood by the door with a silver .45 caliber handgun. Evans jumped the counter and pointed a black handgun at store employees, demanding that they lay on the ground, while the third co-conspirator took money from the cash register. Evans pointed his gun at an employee who opened the cash register, and Evans took money from that and another register. Calloway, Evans, and their co-conspirator left the store with the money and escaped in a van. A witness followed the van and reported a partial tag number to police.
The van was located by law enforcement in Prince George’s County where it was followed until it came to a stop in Washington D.C. Responding officers saw the occupants exit the van and run away. Officers apprehended Calloway and Evans after a foot chase. After his arrest, a search of Calloway recovered 45 small ziplock bags containing crack cocaine, which Calloway admitted he intended to distribute. Officers also recovered the gun Calloway used during the robbery, a .45 caliber handgun with an obliterated serial number. Calloway had a previous felony drug conviction and was therefore prohibited from possessing a firearm.
Calloway faces a maximum sentence of 30 years in prison. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for August 15, 2016 at 3:15 p.m.
Gregory Evans, age 30, of Washington D.C., previously pleaded guilty to his role in the robbery and was sentenced to 114 months in prison.
United States Attorney Rod J. Rosenstein commended the FBI and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Thomas M. Sullivan, who is prosecuting the case.
Commercial Pilot Pleads Guilty to Federal Stalking ChargeRead the Press Release
In San Antonio this afternoon, 62-year-old Mark Joseph Uhlenbrock of Chesterfield, Missouri, pleaded guilty to internet stalking announced United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
By pleading guilty, Uhlenbrock admitted that from the end of their romantic relationship in January 2006 to August 2015, he caused substantial emotional distress to his female victim by posting nude photographs of her on the Internet--on MyEx.com and elsewhere--without her consent and despite three Bexar County (TX) civil district court injunctions.
On August 26, 2015, FBI agents executed a search warrant at the defendant’s residence and seized two laptop computers. An examination of the laptops revealed nude photos of his victim and numerous bookmarks to links where the defendant posted nude photos of his victim.
Uhlenbrock faces up to five years in federal prison. Sentencing will be held at a later date before United States District Judge Xavier Rodriguez. Uhlenbrock remains on bond pending sentencing.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sarah Wannarka.
Cleveland businessman fined $250,000 and put on house arrest for lying about payments to city officialsRead the Press Release
The owner of a business in Cleveland’s Lee-Harvard neighborhood was fined $250,000 and sentenced to six months of house arrest for lying to federal agents about paying cash to city officials, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.
Ashwani “Eddie” Adya, 50, of Solon, previously pleaded guilty to one count of making a false statement to a law enforcement officer.
Adya operated a retail food and beverage business. Lawrence Payten worked at a nonprofit community organization that promoted commercial development in Cleveland’s Lee-Harvard neighborhood. Lejon C. Woods worked as a contract compliance officer in the City of Cleveland’s Office of Equal Opportunity.
Between November 2009 and August 2010, Adya paid cash to Payten and Woods. He lied about these payments when questioned by an FBI agent on June 18, 2015, according to court documents.
Woods and Payten both pleaded guilty to criminal charges. Woods was sentenced to six months in jail while Payten was sentenced to eight months of house arrest.
This case is being prosecuted by Assistant U.S. Attorneys Adam Hollingsworth and Henry F. DeBaggis following an investigation by the Federal Bureau of Investigation.
Chambersburg Man Indicted on Federal Drug and Firearm ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Chambersburg man has been indicted by a grand jury in Harrisburg on federal drug trafficking and firearm charges.
According to United States Attorney Peter Smith, Quinton Noel Gordon, age 36, of Chambersburg, was charged with being a convicted felon illegally in possession of a loaded .45 caliber handgun, possession of cocaine hydrochloride, heroin, crack cocaine with the intent to distribute, and with possession of the handgun in furtherance of drug trafficking.
The charges arise out of the arrest of Gordon on June 1, 2016 in connection with a search at his residence in Chambersburg. That search led to the recovery of cocaine hydrochloride, crack cocaine, approximately 2 ounces of unpackaged heroin and the loaded .45 caliber handgun.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, and the Franklin County Drug Task Force. The case is being prosecuted by Assistant United States Attorney William A. Behe.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
This case was also brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the drug charge is 20 years imprisonment. The felon in possession of a firearm count of the indictment carries a 10 year term of imprisonment. The charge of possessing a firearm to further drug trafficking is punishable by up to life imprisonment and by a mandatory minimum consecutive sentence of 5 years imprisonment. Each count of conviction also includes a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Caryville Resident Sentenced to Serve 160 Months in Prison for Child Pornography OffensesRead the Press Release
KNOXVILLE, Tenn.- On June 15, 2016, Robert Breon Evans, 60, of Caryville, Tenn., was sentenced by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve 160 months in federal prison as a result of his conviction for distribution and possession of child pornography. Following his release from prison, Evans will be supervised by the U.S. Probation Office for 15 years and required to register with the sex offender registry in any state in which he resides, works, or attends school.
Evans pleaded guilty on Feb. 10, 2015 to federal charges stemming from an undercover investigation into distribution of child pornography via peer-to-peer file sharing software on the Internet. After undercover investigators downloaded child pornography from Evans’s computer, a federal search warrant was executed at his residence. A forensic examination of his computer revealed that he had collected thousands of images and videos of child pornography. A large assortment of the depictions of child abuse collected by Evans was available for download by others from his computer through the use of peer-to-peer software.
Nancy Stallard Harr, Acting U.S. Attorney, emphasized the importance of pursuing child pornography offenders. “The United States Attorney’s office will continue to aggressively prosecute individuals who victimize children, who are some of the most vulnerable members of our society, by sharing child pornography on the Internet.”
This investigation was conducted locally by Knoxville Police Department’s Internet Crimes Against Children Task Force. Assistant U.S. Attorney Matthew Morris represented the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Carbondale Man Charged with Tax EvasionRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed today in U.S. District Court in Scranton charging a Carbondale man with tax evasion.
According to United States Attorney Peter Smith, in 2010 and 2011, Thomas Rice, age 64, of Carbondale, made false statements to the Internal Revenue Service to conceal his mother’s assets by deliberating underreporting his mother’s retirement account balance and inflating her expenses in an attempt to evade federal income taxes due for the years 2004 through 2008. At the time, Mr. Rice was acting under a power of attorney for his mother. Rather than reporting his mother’s assets in the retirement account accurately, Mr. Rice was using funds from that account to pay his own personal expenses instead of her outstanding tax balances.
The government also filed a plea agreement with the defendant which is subject to the approval of the court.
The charges stem from an investigation by the Internal Revenue Service. The case is being prosecuted by Assistant United States Attorney Evan Gotlob.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 5 years of imprisonment, a term of supervised release following imprisonment, and a maximum 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 an accurate indicator of the potential sentence for a specific defendant.
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Burlington County, New Jersey, Man Indicted for Illegally Selling Firearms to Drug Dealers and Felons in South JerseyRead the Press Release
CAMDEN, N.J. - A Burlington County, New Jersey, man was indicted by a federal grand jury today for allegedly selling firearms to criminals in South Jersey, U.S. Attorney Paul J. Fishman announced.
Fr’Neil Hickson, 36, a/k/a “Philly,” of Willingboro, New Jersey, was charged by indictment with one count of dealing in firearms without a federal firearms license, one count of conspiracy to deal in firearms and transport firearms interstate for sale without a license, and one count of possession of firearms by a convicted felon.
According to documents filed in this case and statements made in court:
Hickson allegedly conspired with Joshua Jackson, 35, a/k/a “Apple, a/k/a “Trent,” of Willingboro and Columbus, Ohio; and Terrance Laboo, 43, a/k/a “Terrance Reeves,” a/k/a “Mus,” of Oaklyn, New Jersey, to deal in firearms without a federal firearms license.
Firearms were bought through straw purchasers and at gun shows in Ohio and transported into New Jersey by Jackson and Antonio Berry, of Columbus, Ohio, either in a vehicle rented by Jackson, or by Berry, who took Greyhound buses from Columbus, Ohio, to Philadelphia, Pennsylvania, Camden and Mount Laurel, New Jersey. Berry allegedly carried duffel bags that contained multiple firearms, which were sold and delivered to Hickson and Laboo. Hickson and Laboo sold the guns to drug dealers and other felons in southern New Jersey, including in Camden and Willingboro. Hickson also obtained guns from other sources in Virginia and Pennsylvania and transported them back to New Jersey for unlicensed sales to his customers.
Jackson and Laboo previously pleaded guilty before U.S. District Judge Robert B. Kugler to dealing in firearms without a license, conspiracy to deal in firearms without a license, and possession of firearms by a convicted felon. Both await sentencing in July 2016.
The counts of conspiracy to deal in firearms without a license and dealing firearms without a license each carry a maximum potential penalty of five years in prison and a $250,000 fine. The count of possession of firearms by a convicted felon carries a maximum penalty of 10 years in prison and a maximum fine of $250,000.
U.S. Attorney Fishman credited special agents of the ATF, under the direction of Special Agent in Charge George P. Belsky Jr., Newark Field Division; and Essam Rabadi, Special Agent in Charge of ATF’s Philadelphia Field Division, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorney Patrick C. Askin of the U.S. Attorney's Office in Camden.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Michael N. Huff Esq., Camden
Brooklyn Tax Return Preparer Sentenced to Prison for Preparing False Tax Returns for ClientsRead the Press Release
A Brooklyn, New York, tax return preparer was sentenced to 36 months in prison today following her guilty plea on Sept. 21, 2015, to two counts of aiding and assisting in the preparation of false income tax returns, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
“The Tax Division remains committed to pursuing and prosecuting tax return preparers who knowingly prepare false tax returns for their clients,” said Acting Assistant Attorney General Ciraolo. “Fraudulent preparers undermine the integrity of our tax system. Today’s sentence serves as a reminder to all tax return preparers that if you engage in such criminal conduct it will result in prosecution and incarceration.”
Awilda Rosario, 40, owned and operated a tax preparation business in Brooklyn called Edujas Multiservices Corporation. Rosario prepared false individual income tax returns for clients for tax years 2008 through 2013. She attached false schedules that reported business losses the taxpayers did not incur and attached schedules that reported inflated or fictitious deductions. She also attached forms claiming fictitious education and fuel tax credits that the taxpayers were not entitled to receive.
After the Internal Revenue Service (IRS) revoked the Electronic Filing Identification Number (EFIN) for Edujas Multiservices Corporation, Rosario obtained at least two different EFINs and continued to prepare and submit false tax returns for her clients that listed a different paid tax return preparer and tax preparer firm.
In addition to the prison term, U.S. District Judge Nicholas G. Garaufis of the Eastern District of New York ordered Rosario to serve one year of supervised release and pay $607,904 in restitution to the IRS.
Acting Assistant Attorney General Ciraolo thanked special agents of IRS-Criminal Investigation, who investigated the case, and Assistant Chief Jorge Almonte and Trial Attorney Shawn T. Noud of the Justice Department’s Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Baltimore Jail Inmate and Co-Defendant Indicted in Scheme to Fraudulently Use the Identity of a Correctional Officer’s WifeRead the Press Release
Baltimore, Maryland – A federal grand jury indicted Dontae Small, age 42, an inmate at the Baltimore City Detention Center (BCDC) and Kimberly Duckfield, a/k/a “Sincere,” age 29, of Hagerstown, Maryland on charges arising from a scheme to defraud a financial institution through credit card fraud.
The indictment 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, Baltimore Field Office; and Commissioner Kevin Davis of the Baltimore Police Department.
According to the two count indictment, while an inmate at BCDC, Small unlawfully obtained and recorded the name and credit card number of the wife of a correctional officer at the BCDC. Small then provided this information to Duckfield. From January 4, 2016 to January 19, 2016, Duckfield used the credit card number to pay her telephone bill and buy goods and services.
Both defendants face a maximum sentence of 30 years in prison for bank fraud; and a mandatory minimum of two years in prison for aggravated identity theft consecutive to any other sentence. Duckfield had her initial appearance last Friday and has been detained. An initial appearance has not yet been scheduled for Small.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein commended the FBI and Baltimore City Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Sandra Wilkinson, who is prosecuting the case.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Leon Speight Smoots, 63, of Chickasaw, Alabama, was sentenced in federal court for possession with intent to distribute crack cocaine and using, carrying, or possessing a firearm during and in relation to a drug trafficking felony. Smoots entered a guilty plea to the charges in February of 2016.
United States District Court Judge Callie V. S. Granade imposed sentences of 60 months imprisonment on each count, which are required by law to run consecutively, for a total term of imprisonment of 10 years. Judge Granade also ordered that Smoots serve a five-year term of supervised release when he is discharged from prison. The judge found that Smoots could not pay a fine, but she ordered the imposition of $200 in special mandatory assessments.
The case was investigated by the Mobile County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
9-11 Victim Compensation Fund Pays over $1.52 Billion to Claimants and Announces Updated Regulations and Claim FormRead the Press Release
The Department of Justice announced today that since it reopened in 2011, the September 11th Victim Compensation Fund (VCF) has paid over $1.52 billion to first responders, recovery workers, and residents who suffered physical harm or were killed as a result of the terrorist-related aircraft crashes of Sept. 11, 2001 or the debris removal efforts that took place in the immediate aftermath of those crashes. The VCF is now ready to enter its next phase and today posted for public comment updated regulations that will govern the program for the next several years.
The $1.52 billion includes all payments made to date – either partial or in full – on Group A claims, defined as claims for which a loss determination was issued on or before Dec. 17, 2015. Since reauthorization of the VCF in December 2015, the Special Master has authorized the final payment on 8,930 Group A claims. This means that the VCF has less than 200 Group A claims left to be authorized for full payment. All of the remaining claims have issues preventing payment; however, the VCF is working with claimants and their representatives to resolve the open issues as quickly as possible. The Special Master will authorize payment on remaining Group A claims by the end of the month.
In addition to the priority placed on paying Group A claims as quickly as possible, the Special Master has also issued updated regulations as an Interim Final Rule, with a 30-day post-publication comment period, as well as created an updated claim form.
“It has taken a tremendous amount of work to update the regulations to reflect the reauthorization law and to redesign the claim form to make it easier to use, while at the same time continuing to implement the other changes required by the reauthorization,” said VCF Special Master Sheila Birnbaum. “I encourage claimants to review the new sample claim form and begin gathering the relevant information and documents so they are prepared to submit their claim when the form becomes available online and in hard copy at the end of July. I realize no amount of money can alleviate the losses suffered on Sept. 11, 2001, but the 9-11 community is one of great resilience, and the men and women who are working so hard to process VCF claims are proud and privileged to work with all of you.”
The Interim Final Rule is effective as of today and has been posted on the VCF website for public inspection and review. The rule has also been formally published in the Federal Register and the 30-day comment period has begun. Information on how to submit comments can be found in the document. By publishing the regulations as an Interim Final Rule, the VCF can begin issuing Group B compensation decisions as soon as Group B funding becomes available, while still allowing Special Master Birnbaum to carefully consider any comments received post-publication and make any necessary changes before issuing a Final Rule.
Additionally, the updated claim form has been finalized. A sample version of the revised form can be found on the VCF website. The sample form cannot be submitted as a claim at this time, but provides claimants with a guide to understand the type of information and documents that will be needed once the VCF begins accepting new claims. For more information about the timing for submitting new claims, please see the Special Master’s May 24 message.
The VCF continues to review Group B claims and contact claimants to request missing information when needed. The VCF has rendered more than 2,500 eligibility decisions since the beginning of January and completed loss calculations for more than 1,000 claims. The VCF continues to send “Group B Complete” letters to claimants to inform them that their claim has been reviewed and any eligible loss has been calculated. The Special Master expects to begin issuing the first Group B loss determinations at the end of June, with the expectation that the first full payments will be authorized in mid-August. This is contingent on finalizing the accounting for Group A payments and the subsequent availability of Group B funding.
Claimants are encouraged to call the VCF Helpline at 1-855-885-1555 with any questions they may have. For the hearing impaired, please call 1-855-885-1558 (TDD). If you are calling from outside the United States, please call 1-202-514-1100.
Tuesday 14 June 2016
Women from Essex County, New Jersey, and Brooklyn, New York, Admit Roles in Oxycodone Distribution RingRead the Press Release
NEWARK, N.J. – Two women have admitted to their respective roles in a conspiracy to illegally obtain and distribute oxycodone in New Jersey, U.S. Attorney Paul J. Fishman announced today.
Alexis Horvath, 27, of Belleville, New Jersey, pleaded guilty today before U.S. District Judge Esther Salas in Newark federal court to an indictment charging her with conspiracy to distribute oxycodone. Sabrina Vajda, 32, of Brooklyn, New York, pleaded guilty before Judge Salas on June 13, 2016, to a superseding information charging her with conspiracy to distribute oxycodone.
According to documents filed in this case and statements made in court:
Using confidential sources, physical surveillance, and recorded text messages and telephone calls, investigators with the Drug Enforcement Administration (DEA) discovered that members and suppliers of a drug trafficking organization secured prescriptions for oxycodone and other controlled substances from various doctors in New Jersey, filled them at pharmacies in Belleville and elsewhere, and sold the drugs for a profit. The investigation identified Horvath and Vajda as members of the drug trafficking organization.
Horvath admitted that between Feb. 5, 2014, and Aug. 13, 2014, she personally obtained prescriptions for oxycodone-containing pills from doctors, had those prescriptions filled at pharmacies, and then re-sold the pills to others. She admitted that she bought 70 30 mg. oxycodone pills from one conspirator on June 29, 2014 in Jersey City, New Jersey, and then sold them to another conspirator.
Vajda admitted that between May 3, 2014 and Aug. 13, 2014, she also worked with other conspirators to obtain prescriptions for oxycodone-containing pills from doctors, had those prescriptions filled at pharmacies, and then resold the pills to others. On May 7, 2014, she went to a doctor’s office near Paterson, New Jersey with three conspirators and obtained a prescription for pills that contained oxycodone from that doctor. She then sold the oxycodone pills from her prescription to others.
Oxycodone is a Schedule II controlled substance – meaning that it has a high potential for abuse, a currently accepted medical use with severe restrictions, and abuse of the drug may lead to severe psychological or physical dependence.
The charge to which Horvath and Vajda each pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing for Horvath and Vajda is scheduled for Sept. 19, 2016.
Of the individuals originally charged with Horvath and Vajda, Victoria Horvath, 43, and Rickie Horvath, 54, of Belleville, New Jersey; Monica Horvath, 22, Tony Marco, 47, and Steven Horvath, 45, all of Rutherford, New Jersey, and Justin Farraj, 24, and Matthew Policarpio, 28, of Newark, have pleaded guilty and await sentencing. Brian Perez, 23, was sentenced to a term of 40 months in prison in September 2014. Luis Rivera, 25, was sentenced to 54 months in prison in August 2015. Daniel Horvath, 27, was sentenced to 27 months in prison and Johnny Horvath, 46, was sentenced to 30 months in prison in April 2016. Charges were dismissed against Belleville pharmacist Vincent Cozzarelli after his death in April 2014.
The indictment remains pending against four other conspirators. The charges and allegations in the indictment against them are merely accusations, and they remain innocent unless and until proven guilty.
U.S. Attorney Fishman credited the DEA’s New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorney Sara F. Merin of the OCDETF/Narcotics Unit of the U.S. Attorney’s Office in Newark. This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Defense counsel:
Horvath: Anthony Iacullo Esq., Nutley, New Jersey
Vajda: Laurie Fierro Esq., Kinnelon, New Jersey
United States Files Lawsuit Against Former NYS Deputy Secretary of State and his Daughter for Engaging in Conduct Designed to Avoid a Criminal Restitution ObligationRead the Press Release
ALBANY, NEW YORK – U.S. Attorney Richard S. Hartunian announced today that the United States has filed a civil lawsuit against Joseph Felix Strevell (Strevell), age 54, and his adult daughter, Nicole Strevell Childrose (Childrose), age 30, alleging that Strevell engaged in a series of transactions that were made with the purpose and effect of rendering Strevell unable to pay restitution to New York State (NYS) following his 2009 fraud conviction. The lawsuit filed today seeks to recover those funds, together with penalties and interest.
U.S. Attorney Hartunian said: “Instead of satisfying his Court ordered restitution obligation, Joseph Strevell decided to financially enrich his grown daughter by fraudulently transferring assets to her. Restitution is a mandatory obligation and no felon should be allowed to evade that obligation. Through this civil action, we seek to void the transfers and make the victim of his crime whole.”
From 1997 to 1999, Strevell served as a Deputy Secretary of State for the State of New York. He left that position to serve as the head of the Institute for Entrepreneurship, a state sponsored nonprofit agency. In 2007, Strevell was convicted in federal court of defrauding NYS while leading the Institute. In March 2009, the United States District Court for the Northern District of New York entered judgment against Strevell on this conviction, ordering him to pay $111,500 in restitution to his victim, NYS. The judgment required Strevell to pay restitution at a minimum rate of $100 per month or 10 percent of his gross monthly earnings, whichever was greater, and to pay full restitution immediately if at any time he had the resources to do so.
According to the Complaint that was filed, Strevell still owes NYS $102,337.44 on his restitution judgment. In an effort to determine Strevell’s ability to satisfy this judgment, the United States undertook an investigation into Strevell’s assets during which Strevell maintained that he did not have the financial ability to satisfy the judgment. However, the investigation revealed that from 2012 through 2014, Strevell transferred a total of $157,646.00 to his adult daughter, for her personal benefit, while only paying $6,750.00 in restitution during that same time period. The Complaint alleges that Strevell is now unable to pay his restitution obligation because of the fraudulent transfers to his daughter, who works full-time as a college professor. The transfers Strevell made to his daughter were made in incremental amounts and from various business accounts that Strevell hid from the government. The Complaint also alleges that in order to fund his daughter’s wedding in May 2014, Strevell transferred approximately $28,000 to her personal checking account in the two months before her wedding. Additionally, he bought her three wedding gowns (ranging in cost from $1,400 – $2,500 each); paid in cash for the wedding tent, tables, linens and place settings ($10,435.25); hired her a professional photographer ($2,246); and funded her honeymoon at the Four Seasons Hotel, in Santa Fe, New Mexico. These transactions were made in such a way so as to avoid detection by the government. Additionally, in November 2015, Strevell paid $13,871.80 in cash to the Rensselaer County Bureau of Finance to satisfy his daughter’s unpaid property tax obligations when a property she and her husband owned was scheduled to be sold at an auction. The Complaint further alleges that Strevell made these transfers with the intent to defraud the United States and, as a result of the transfers to his daughter, he is no longer able to meet his restitution obligation. In its Complaint, the United States seeks entry of an order that would void these fraudulent transfers that unfairly enriched Childrose at the expense of the taxpayers.
This case was investigated by the Financial Litigation Unit of the U.S. Attorney’s Office’s Civil Division. The lawsuit is being handled by Assistant U.S. Attorney Cathleen B. Clark.
Union County, New Jersey, Man Admits Aiming Laser Pointer at Television News HelicopterRead the Press Release
NEWARK, N.J. - An Elizabeth, New Jersey, man today admitted repeatedly aiming a laser pointer at a television news helicopter, U.S. Attorney Paul J. Fishman announced.
Stiven Lopez-Bender, 27, pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to an information charging him with one count of aiming a laser pointer at an aircraft.
According to documents filed in this case and statements made in court:
On Nov. 11, 2015, a news helicopter went to a location in Elizabeth to cover a story. Lopez-Bender admitted that when the helicopter arrived at the location, he aimed a green laser and struck the flight deck of the helicopter through the main windshield.
Lopez-Bender also admitted he pointed the green laser at the helicopter a second time as he emerged from his SUV and again as he walked toward an apartment building. Afterwards, he pointed the green laser at the helicopter for a fourth time from a window in the apartment building he had just entered.
The charge is punishable by a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 28, 2016.
U.S. Attorney Fishman credited Special Agents and Joint Terrorism Task Force Officers of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and members of the Elizabeth Police Department, under the leadership of Police Director James Cosgrove, with the investigation leading to today’s plea.
The case is being prosecuted by Joyce M. Malliet of the U.S. Attorney’s Office National Security Unit in Newark.
Defense Counsel: David Holman, Esq.
Two dealers appear in Federal court on drug chargesRead the Press Release
CHARLESTON, W.Va. – Two men appeared in federal court today on drug charges, announced Acting United States Attorney Carol Casto.
Adam Christopher Skeens, 45, of Princeton, was sentenced to two and a half years in federal prison for distribution of hydromorphone. Skeens admitted that on February 23, 2015, he distributed hydromorphone pills to a confidential informant in Princeton. He further admitted that he distributed hydromorphone to a confidential informant on two other occasions.
In a separate drug prosecution, Jalil M. Myers, 19, of Charleston, pleaded guilty to distributing heroin. Myers admitted that on November 5, 2015, and on three other occasions, he sold heroin to a confidential informant working with law enforcement authorities. Myers faces up to 20 years in federal prison when he is sentenced on August 29, 2016.
The Skeens case was investigated by the Southern Regional Drug and Violent Crime Task Force. Assistant United States Attorney John File handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
The case against Myers was investigated by the South Charleston Police Department. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
These prosecutions were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Two Men, One Woman Charged with Luring Robbery Victims with Online Escort AdsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two men and a woman have been charged in federal court for their roles in a conspiracy to use online ads for escort services as a means to lure victims to hotel rooms in order to rob them.
Kenneth W. Sexson, 32, Sage E. Harrison, 34, and Nicole L. Covey, also known as Nicole Waguespack and Nicole Preston, 33, all of the Kansas City metropolitan area, were charged in a criminal complaint filed under seal in the U.S. District Court in Kansas City, Mo., on Wednesday, June 8, 2016. That complaint was unsealed and made public today at the initial court appearances of Sexson and Covey. Harrison remains at large.
Today’s federal criminal complaint alleges that Sexson, Harrison and Covey participated in a conspiracy to rob individuals by using several websites (including craigslist.org, backpage.com and skout.com) to make connections with their victims. They allegedly communicated through these websites to arrange meetings with their victims in order to rob them. In addition to the conspiracy, the complaint charges each of the defendants in one count of robbery affecting interstate commerce.
According to an affidavit filed in support of today’s complaint, Sexon, Harrison and Covey used social media services to post ads with Covey’s photo in order to lure victims into meeting in person. Once Covey began communicating with the victim, they would agree to meet at a hotel or apartment. When the victim arrived at the agreed upon location, Covey would excuse herself to the restroom or walk away as co-conspirators robbed the victim of money, phones and other items.
According to the affidavit, conspirators used handguns, or what appeared to be handguns. They allegedly sometimes assaulted their victims and one victim told investigators that his attackers took his vehicle and he escaped by jumping from the moving vehicle on the highway in fear for his life.
The affidavit cites a series of seven robberies that occurred in October 2015 in Kansas City, Mo.; Independence, Mo.; and North Kansas City, Mo. Investigators learned of a number of additional robberies disclosed during interviews, including two robberies in Blue Springs, Mo.
On May 27, 2016, Independence police officers received a report regarding a new robbery. The victim reported that he had responded to a Craigslist ad for a female escort. Upon arriving at the hotel room in Independence, the victim was instructed to leave the money on the nightstand. After he set the money down, the female excused herself to the bathroom, and the victim was confronted by three large white males. Investigators identified Sexson, Covey and others as suspects in that robbery.
Sexson and Covey were arrested in Kansas on June 7, 2016. According to the affidavit, Independence police officers responded to a witness’s report of shots being fired at her from another vehicle. They located a white U-Haul cargo van being driven by Sexson near Highway 291 and Truman Road. A pursuit was initiated, which reached speeds of more than 100 miles per hour. During the pursuit, police officers saw an unknown object get thrown from the vehicle. A handgun, a magazine and ammunition were recovered at this location. Officers also saw two long guns get thrown from the vehicle. Two shotguns were located and recovered in this area. The pursuit continued toward Leavenworth County, Kan. Tire deflation devices were deployed against the van multiple times. The pursuit ended only after the van became disabled as a result of the damage suffered during the pursuit. Sexson, Covey and two other individuals were arrested.
Dickinson cautioned that the charges contained in this complaint 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 Matthew P. Wolesky. It was investigated by the FBI, the Kansas City, Mo., Police Department, the North Kansas City, Mo., Police Department, the Independence, Mo., Police Department, and the Blue Springs, Mo., Police Department.
Tulsa Teacher Pleads Guilty to Receiving Child PornographyRead the Press Release
TULSA, Okla.—James Russell Wilson, a Union Public Schools teacher, pleaded guilty today to receiving child pornography, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma.
At the change of plea hearing, Wilson, 32, of Tulsa, admitted that, from in or about October 2014 to in or about December 2014, he knowingly received, and attempted to receive, visual depictions of minors engaged in sexually explicit conduct.
At the time of sentencing, if the Court accepts the plea agreement, Wilson will be sentenced to 13 years in prison and a term of 20 years of supervised release following his imprisonment.
United States Immigration Customs Enforcement’s Homeland Security Investigations was the investigating agency. Assistant United States Attorneys Andrew J. Hofland and Allen J. Litchfield are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices, 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.
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Transporting and Harboring Undocumented Aliens Lands Four in PrisonRead the Press Release
McALLEN, Texas – Three men and one woman who conspired to transport and harbor illegal aliens have been sentenced to prison, announced U.S. Attorney Kenneth Magidson. Jorge Luis Ortiz-Aguilera, 36, of Mexico; and Jose Mario Ledezma-Vega, 47, and Willie Vargas, 34, both of Edinburg, pleaded guilty in January 2016 to conspiring to transport illegal aliens within the U.S. Juan Covarrubias-Hernandez, 30, and Anayeli Gonzalez-Trejo, 25, both of Mexico, had pleaded guilty to conspiring to harbor illegal aliens.
Today, U.S. District Judge Randy Crane took into consideration the leadership roles of Ortiz-Aguilera and Ledezma-Vega and handed them each a 51-month sentence. Ortiz was the head of the organization and Ledezma was in charge of coordinating the scouts in the Rio Grande Valley which facilitated the transportation/movement of the aliens to the Houston area. Vargas and Gonzalez-Trejo received respective sentences of 17 months and 12 months and a day. Covarrubias-Hernandez will be sentenced at a later date.
From on or about July 2015 through October 2015, Ortiz-Aguilera coordinated the transportation of aliens from the Rio Grande Valley in Texas to a location near Houston. During the course of the conspiracy, Ledezma-Vega and Vargas acted as “scouts” for law enforcement for the vehicles transporting the aliens, in an attempt to avoid their detention.
In October 2015, working with the same organization, Covarrubias-Hernandez and Gonzalez-Trejo jointly provided food and shelter to group of aliens at their home in Donna. The aliens was subsequently apprehended by Border Patrol agents as they were being transported further north.
All five defendants have been and will remain in custody.
The investigation was the result of an investigation led by Border Patrol with the assistance of Homeland Security Investigations. Assistant U.S. Attorney Linda Requénez prosecuted the case.
Three indicted for defrauding banks with alterered money ordersRead the Press Release
A federal grand jury returned a four-count indictment charging Michael Baker, 23, of Covington, Georgia; Clinton Gaynor, 27, and Asia Loveless, 20, both of Cleveland, for defrauding local banks by presenting altered U.S. Postal money orders into the bank accounts of recruited people and later withdrawing funds under false pretenses, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
The indictment alleges that Baker, Gaynor and Loveless recruited local people to deposit 119 altered U.S. Postal money orders into their bank accounts and later made cash withdrawals totaling over $59,000 from various ATMs.
Assistant United States Attorneys Robert W. Kern and Karrie D. Howard are prosecuting this case, following an investigation by the U.S. Postal Inspection Service.
If convicted, the court will determine the defendants’ sentence after a review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Syracuse Man Pleads Guilty to Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Leron T. Ross, 25, of Syracuse, New York pled guilty today to burglarizing a federally licensed gun dealer in Nedrow, New York, announced United States Attorney Richard S. Hartunian and U.S. Bureau of Alcohol, Firearms and Explosives (ATF) Special Agent in Charge Delano Reid.
As part of his guilty plea today, Ross admitted that he used a sledgehammer to break through the door of Intimidator Sports, also known as E.C.K. Tree and Outdoor Equipment in Nedrow, New York, in the early morning hours of November 20, 2014. Upon gaining entry to the store, Leron Ross and another man used bolt cutters to sever a steel cable securing pistols in a display case, stealing nine (9) handguns and departing before Onondaga County Sheriff’s Deputies responded to an alarm tripped by the break-in.
On January 5, 2015, Syracuse Police encountered Leron Ross for failing to stop at a stop sign. As Syracuse Police Officers approached his car, Ross sped off. During a short pursuit, Leron Ross threw a .45 caliber Glock Pistol from his car that was stolen in the E.C.K. burglary. It was later recovered by police. On March 12, 2015, Ross pled guilty in Onondaga County Court to Criminal Possession of a Weapon in the Second Degree, and was sentenced to thirty (30) months in state prison.
During an interview in state prison in January 2016, Ross admitted to an ATF Special Agent and Onondaga County Sheriff’s Detectives that he had committed the burglary of the gun dealer, stealing nine (9) handguns. According to ATF and the Onondaga County Sheriff’s Department, four (4) of the stolen firearms have been recovered by law enforcement agencies to date.
Sentencing for Leron Ross is scheduled for October 19, 2016 in Syracuse, New York. The charge to which Ross pled guilty to today carries a maximum sentence of up to ten (10) years imprisonment, a fine of up to $250,000 and term of supervised release of three (3) years, as well as restitution for the stolen firearms. 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.
A second defendant, Andrew Grady, of Syracuse, is charged by complaint. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the United States Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) and the Onondaga County Sheriff’s Department, and is being prosecuted by Assistant U.S. Attorneys Richard Southwick and Emmet O’Hanlon.
Shreveport man pleads guilty to sex trafficking of a minorRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Shreveport man pleaded guilty to sex trafficking.
Zayne Ghandi Anderson, 40, of Shreveport, pleaded guilty Monday before U.S. District Judge Elizabeth E. Foote to one count of sex trafficking of a minor. According to the guilty plea, as part of an investigation, undercover law enforcement agents responded to an online advertisement for prostitution, which resulted in them contacting and meeting a 16-year-old female on April 17, 2015. Upon interviewing the minor, agents discovered that Anderson had posted the advertisement online and set up the meeting where the minor agreed to have commercial sex. Anderson was arrested after arriving to pick up the minor.
Anderson faces 10 years to life in prison, five years to life of supervised release and a $250,000 fine. He also is required to register as a sex offender. A sentencing date of October 14, 2016 was set.
The FBI Violent Crimes Against Children Task Force conducted the investigation. Assistant U.S. Attorneys Earl M. Campbell and Jonathan S. Drucker are prosecuting the case.
Second U.S.-China Cybercrime and Related Issues High Level Joint DialogueRead the Press Release
Joint Summary of Outcomes
Today, Chinese State Councilor and Minister of Ministry of Public Security Guo Shengkun co-chaired the second U.S.-China Cybercrime and Related Issues High Level Joint Dialogue with representatives of the U.S. Departments of Justice and Homeland Security. The dialogue aims to implement the consensus reached between Chinese President Xi Jinping and U.S. President Barack Obama in September 2015 during President Xi’s visit to the United States, and to enhance pragmatic bilateral cooperation with regard to cybercrime, network protection and other related issues.
Since the first dialogue, both sides have worked to implement the consensus reached between the two countries’ presidents and the outcomes of the first dialogue. Both sides continue to develop cooperation on combating cybercrime and network protection investigations and information exchanges, aiming to conduct routine exchanges and improve cyber security cooperation.
The outcomes of the second dialogue are listed as below:
- Tabletop Exercise. Both sides value the cyber tabletop exercise held in April 2016, and regard the exercise as informative and effective. Both sides decided to hold a second tabletop exercise concerning cybercrime and network protection prior to the next dialogue.
- Hotline Mechanism. Both sides decided to implement the “U.S.-China Cybercrime and Related Issues Hotline Mechanism Work Plan,” and have reached consensus on the scope, objective and procedures of the hotline. China and the United States decided to test the hotline mechanism before September 2016.
- Network Protection. Both sides decided to continue to strengthen cooperation in network protection. Both sides decided to hold a network security and protection working-level expert seminar in August 2016 in China. The experts decided to meet regularly in the future and report to the ministerial level at the High-Level dialogue in the future.
- Information Sharing, Case Cooperation and Resources. Both sides decided to: enhance case investigations and information exchange related to cybercrime and other malicious cyber activities; exchange information and develop cooperation in cybercrime investigations and cyber incidents of mutual concern; hold a workshop to discuss how to enhance information exchanges and handling related to Mutual Legal Assistance Agreement (MLAA); and share cyber threat information on a regular basis, including increasing information sharing of malicious software samples and related analysis reports. Both sides acknowledge the importance of the increase of manpower and resources to tackle cybercrime threats and decided to further strengthen communication mechanisms as well as respective central authorities under the MLAA. Both sides discussed the 24/7 High Tech Network of international points of contact for the purpose of assisting in investigations involving electronic evidence that require urgent assistance from foreign law enforcement.
- Cyber-Enabled Crime. Both sides commit to prioritize cooperation on combatting cyber-enabled intellectual property (IP) theft for commercial gain and cooperate in law enforcement operations in four additional areas: online child pornography distribution, misuse of technology and communications for terrorist activities, commercial email compromise/phishing and online firearms trafficking. Both sides decided to conduct a proposed seminar on misuse of technology and communications to facilitate violent acts of terrorism in 2016 in China before the next round of the dialogue. The United States and China decided to create an action plan to address the threat posed from business email compromise scams.
- Senior Experts Group. Both sides discussed the first U.S.-China Senior Experts Group on International Norms in Cyberspace and Related Issues.
- Third High-Level Dialogue. Both sides plan to hold the next round of the dialogue in the second half of 2016 in Washington, D.C.
Sanford “Spam King” Wallace Sentenced to Two and A Half Years in Custody for Spamming Facebook UsersRead the Press Release
SAN JOSE – Sanford Wallace was sentenced yesterday to 30 months’ imprisonment and was ordered to pay $310,628.55 in restitution for sending millions of spam messages to Facebook users and disobeying a court order not to access Facebook announced the Office of the United States Attorney for the Northern District of California and the Federal Bureau of Investigation.
Wallace, 47, of Las Vegas, pleaded guilty on August 24, 2015 to one count of fraud and related activity in connection with electronic mail, in violation of 18 U.S.C. §§ 1037(a)(1) and (b)(2)(A); and one count of criminal contempt, in violation of 18 U.S.C. § 401(3). According to the plea agreement Wallace admitted to executing a scheme from approximately November 2008 through March 2009 to send spam messages to Facebook users that compromised approximately 500,000 legitimate Facebook accounts, and resulted in over 27 million spam messages being sent through Facebook’s servers.
Wallace illegally obtained, stored, and exploited Facebook user account information and earned money by redirecting users to other websites. Specifically, Wallace admitted he opened a fictitious Facebook account in the name of “David Frederix” to test his spam messages and created an automated process to sign into a Facebook user’s account, retrieve a list of all of the user’s friends, and then send a message to each of the user’s friends’ Facebook accounts. The message was designed to trick legitimate Facebook account holders into accessing a website listed in the message that was purportedly from a Facebook friend. Once the user entered his or her information, the user would be redirected to an affiliate website. Wallace further admitted that he earned money for directing traffic to the websites and stored users’ email addresses and passwords in order to continue sending spam messages.
In addition, Wallace admitted that during three time periods he accessed Facebook’s computer network to send spam messages to Facebook’s users. First, on or about November 5, 2008, and continuing to November 6, 2008, he accessed Facebook’s computer network in order to initiate the transmission of a program that resulted in more than 128,883 spam messages being sent to Facebook users. Second, he admitted that on December 28, 2008, he accessed Facebook’s computer network in order to initiate the transmission of a program that resulted in nearly 300,000 spam messages being sent to Facebook users. Third, he admitted that on February 17, 2009, he accessed Facebook’s computer network in order to initiate the transmission of a program that resulted in more than 126,000 spam messages being sent to Facebook users.
Facebook filed a lawsuit against him in United States District Court for the Northern District of California alleging violations of the CAN-SPAM Act of 2003, the Computer Fraud and Abuse Act, and California’s Anti-Phishing and Computer Data Access and Fraud Acts. (Facebook, Inc. v. Wallace, et al, No. C-09-00798 JF). On March 2, 2009, March 24, 2009, and September 18, 2009, U.S. District Court Judge Jeremy Fogel ordered Wallace not to access or attempt to access Facebook’s computer network in any manner whatsoever nor create or maintain a Facebook account. Wallace admitted that on April 17, 2009, he willfully disobeyed Judge Fogel’s order by logging into his Facebook account while aboard a flight from Las Vegas to New York.
Wallace was indicted by a federal grand jury on July 6, 2011. He was charged with multiple counts of fraud and related activity in connection with electronic mail, in violation of 18 U.S.C. §§1037(a)(1) and (b)(2)(A); 18 U.S.C. §§ 1037(a)(2) and (b)(2)(C); and 18 U.S.C. §§ 1037(a)(4) and (b)(2)(B). Wallace was also charged with three counts of intentional damage to a protected computer, in violation of 18 U.S.C. §§ 1030(a)(5)(A) and (c)(4)(B)(i), for accessing Facebook’s computer network and two counts of criminal contempt, in violation of 18 U.S.C. § 401(3) for disobeying Judge Fogel’s order.
The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge. Judge Davila also sentenced the defendant to a five-year period of supervised release. The defendant will begin serving the sentence on September 7, 2016.
Assistant U.S. Attorney Susan Knight is prosecuting the case with the assistance of Elise Etter. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Professional Photographer Charged with Possessing Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that a federal grand jury returned an indictment charging John Penwarden, a professional photographer of Orwell, Vermont, with Possession of Child Pornography, including at least one depiction involving a prepubescent child or a child not yet twelve years old. The defendant appeared today in District Court in Burlington before Magistrate Judge John M. Conroy and entered a plea of not guilty to the sole count of the indictment. Federal authorities adopted the case from the state, where multiple charges had been pending against the defendant, including the Use of a Child in a Sexual Performance, Possession of Child Pornography, Aggravated Sexual Assault, and Possession of Marijuana. According to the Addison County affidavit submitted on May 8, 2015, law enforcement executed a search warrant on the defendant’s home in December 2014, following reports by a then-thirteen year old victim that the defendant had committed repeated sexual contact offenses with her beginning when she was eight or nine years old, including taking pornographic pictures of the victim. According to the same affidavit, the search warrant was followed by a forensic analysis of the defendant’s computer and electronic hardware. In sum, the report indicated that the state examiners discovered approximately 76 sexually explicit images of both male and female children, ranging in age from toddler to early teen. Of those 76 images, approximately 50 appeared to be sexually explicit depictions of the reporting victim. If convicted, Penwarden faces up to twenty years of imprisonment. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The case was assigned to United States District Court Judge Geoffrey W. Crawford in Rutland, Vermont. The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach. John Penwarden is represented by Jordana Levine, Esq. Homeland Security Investigations, the investigative arm of the Department of Homeland Security, has agreed to assist the Vermont State Police and spearhead further investigation.Philadelphia Man Charged with Possession of Firearm by A Convicted FelonRead the Press Release
PHILADELPHIA - Dennis Burgos, 48, of Philadelphia, Pennsylvania, was charged by indictment with one count of possession of a firearm by a convicted felon, announced United States Attorney Zane David Memeger. According to the indictment, on April 7, 2016, the defendant was found in Philadelphia in possession of a loaded Glock 23 semi-automatic handgun.
If convicted, the defendant faces a maximum possible sentence of life in prison, up to three years of supervised release, a possible fine, and a $100 special assessment.
This case was investigated by the Philadelphia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Special Assistant United States Attorney Christopher E. Parisi.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
New Plymouth Man Sentenced to 57 Months in Prison for Unlawful Possession of FirearmsRead the Press Release
BOISE -- Delbert Rundell, 63, of New Plymouth, Idaho, was sentenced yesterday in United States District Court to 57 months in prison and three years of supervised release for possession of firearms by an unlawful user of controlled substances, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Rundell to forfeit $21,580 in drug proceeds, 33 firearms, and approximately 28,000 rounds of ammunition. He pleaded guilty on March 21, 2016.
According to evidence presented in court, a shooting occurred at Rundell’s home on October 28, 2015. After interviewing the victim of the shooting, officers obtained a search warrant for Rundell’s home and searched it on November 12, 2015. Inside the home officers found 42 grams of methamphetamine, 33 firearms, and evidence of drug use. Federal law prohibits a user of illegal controlled substances from possessing a firearm.
The case was investigated by the High Desert Task Force, Idaho State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration. The High Desert Task Force is a collaboration of law enforcement agencies from Payette County Sheriff’s Office, Payette Police Department, Fruitland Police Department, Washington County Sheriff’s Office, Weiser Police Department, Malheur County Sheriff’s Office, Ontario Police Department, and the Nyssa Police Department.
The case was prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
New Jersey Man Pleads Guilty to Conspiracy to Provide False Statements Related to Export of Prohibited Goods to IranRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a New Jersey man pleaded guilty to conspiring to provide false statements related to illegally exporting goods to Iran before United States Magistrate Judge Joseph F. Saporito in Wilkes-Barre.
According to United States Attorney Peter Smith, Asim Fareed, age 51, of North Brunswick, New Jersey, pleaded guilty to conspiracy to provide false statements in connection to the illegal export of goods to Iran. According to the Information to which he pleaded guilty, Fareed operated an export business in Somerset, New Jersey and agreed to ship items purchased by customers in Iran and to provide false documentation to the U.S. Department of Commerce for export purposes. Communications concerning the shipments passed between New Jersey and a site in Lackawanna County, Pennsylvania. No actual shipments were, in fact, delivered to Iran.
The Information charges that in 2013 and 2014 Fareed conspired with others to export items from the United States, through third party countries to customers in Iran. According to the Information, Fareed prepared invoices which included false information as to the identity and geographic location of the purchasers of the goods. The items were then to be shipped from the United States to the United Arab Emirates, and thereafter transshipped to Iran. The guilty plea is pursuant to a plea agreement with the government.
"The Office of Export Enforcement protects our national security and foreign policy interests by vigorously pursuing violators of our nation's export control laws. Today's guilty plea is an example of our close work with our colleagues at HSI and other law enforcement agencies to complement our robust enforcement program. Providing or causing false statements on export documents and illicit trade with Iran will remain a high priority for the Office of Export Enforcement," said Jonathan Carson, Special Agent in Charge, U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office."
“This case demonstrates how far individuals will go to circumvent U.S. export laws to export goods to countries like the Islamic Republic of Iran,” said Angel M. Melendez, special agent in charge of HSI in New York. “The Iran Trade Embargo prohibits Americans from supplying goods, technology and services to Iran directly or indirectly. HSI is committed to aggressively pursuing those who conduct illegal business with Iran.”
No sentencing date has been scheduled.
The case was investigated by the Department of Commerce, Office of Export Enforcement and U.S. Immigration and Custom Enforcement’s (ICE), Homeland Security Investigations (HSI). Assistant U.S. Attorney Todd K. Hinkley is prosecuting the case.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Navajo Man from Littlewater Sentenced to Prison for Assaulting Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Eugene Kuhn, 52, a member of the Navajo Nation who resides in Littlewater, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for assaulting a federal officer with a dangerous weapon.
Kuhn was arrested on June 14, 2015, on a criminal complaint charging him with assaulting a federal officer on the Navajo Indian Reservation in San Juan County, N.M. Kuhn was arrested after attacking a tribal police officer of the Navajo Nation Division of Public Safety with a metal bar in Littlewater on June 14, 2015. Kuhn attacked the officer, who is commissioned as a special federal officer by the BIA, while the officer was attempting to arrest Kuhn on unrelated charges. Kuhn was subsequently indicted on July 14, 2015.
On Feb. 26, 2016, Kuhn pled guilty to the indictment and admitted that on June 14, 2015, he assaulted a federal officer with a metal bar while the officer was performing his official duties.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted this case.
Monroe County Oil Company Owner Sentenced for Illegally Dumping 50 Gallons of Brine Water per WeekRead the Press Release
COLUMBUS, Ohio – Donald E. Hercher, 67, of Sycamore Valley, Ohio was sentenced in U.S. District Court to a $70,000 fine, four days in prison and two years of probation for violating the Clean Water Act.
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio, Jeffrey Martinez, Acting Special Agent in Charge of U.S. Environmental Protection Agency (EPA), Craig W. Butler, Director of the Ohio Environmental Protection Agency (Ohio EPA) and Ohio Attorney General Mike DeWine, announced the sentence handed down today by U.S. District Judge Michael H. Watson.
According to court documents, the defendant owned Hercher Oil Company in Monroe County, which operates approximately 30 oil and gas wells. He was discharging approximately 50 gallons of oily brine water per week from oil and gas wells into a roadside ditch near Rias Run, which eventually flows into the Ohio River.
Hercher pleaded guilty on January 12 to unpermitted discharge under the Clean Water Act. He was also sentenced to pay $5,000 to the National Fish and Wildlife Foundation, and complete 104 hours of community service in Monroe County.
Hercher will be required to submit a statement to Southeast Ohio Oil and Gas Producers and Ohio Oil and Gas Association, cautioning others in the oil and gas industry to avoid taking similar actions. Likewise, he has been ordered to prepare an article to be published in at least three trade journals in which he educates the readers on the “Mississippian Exemption” and how it has no application to the Waterways of the United States.
Hercher must register all of his wells and ensure they are within compliance with state laws within 90 days.
Acting U.S. Attorney Glassman commended the cooperative investigation by the U.S. and Ohio EPA and BCI, as well as Assistant United States Attorney J. Michael Marous, who is representing the United States in this case.
Minerva man indicted for transporting girl across state lines to engage in illicit sexual conductRead the Press Release
Eric T. Shotwell, 41, of Minerva, was charged with transportation of a minor to engage in illegal sexual activity and travel with intent to engage in illicit sexual conduct, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
Shotwell knowingly traveled from Ohio to Missouri and Kentucky in March for the purpose of engaging in illicit sexual conduct with a 14-year‑old girl, according to the indictment.
The indictment also charges that, from March 13, 2016, through March 17, 2016, Shotwell knowingly transported a 14-year-old girl from Kentucky to Ohio with the intent that the girl would be engaged in sexual activity for which Shotwell could be charged with a criminal offense.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case was investigated by the Canton Office of the Federal Bureau of Investigation, the Minerva Police Department, the Canton Police Department, and the West Plains, Missouri Police Department. It is being prosecuted by Assistant U.S. Attorney Michael A. Sullivan.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Michigan Man Pleads Guilty to Possessing 20 Kilograms of Marijuana with Intent to DistributeRead the Press Release
St. Thomas, USVI – Deonte Damari Bailey, 24, pleaded guilty on Monday, June 13, 2016, in District Court on St. Thomas to one count of possession with intent to distribute marijuana, United States Attorney Ronald W. Sharpe announced.
According to the plea agreement, on Wednesday, January 20, 2016, Bailey arrived at the Cyril E. King Airport, St. Thomas, Virgin Islands, on board a Delta Airlines flight from New York. Bailey’s flight had originated in Las Vegas, Nevada. Bailey removed his suitcase from the conveyor belt when U.S. Customs and Border Protection (CBP) Officers conducting routine inspections, along with CBP canine Castro, alerted to the presence of narcotics. Bailey was escorted to secondary inspection for further investigation. During secondary inspection, CBP officers discovered a second baggage tag. Officers went to Delta Airlines baggage claim and retrieved a second suitcase belonging to Bailey. Both suitcases were inspected and each contained approximately 10 kilograms of marijuana. When questioned, Bailey admitted that he had possession of both bags from the time he packed them until he checked them in with Delta Airlines in Las Vegas.
District Court Judge Curtis V. Gomez permitted Bailey to remain on release pending his October 12, 2016, sentencing date. Bailey faces a maximum sentence of five years’ imprisonment and a maximum fine of $250,000.
This case was investigated by CBP and Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Nelson L. Jones.
Menominee Woman Sentenced to Prison for Assault on ChildRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that that on June 13, 2016, Loni M. Tepiew (age: 28) of the Menominee Indian Reservation was sentenced this morning to federal prison by Chief United States District Judge William C. Griesbach. Tepiew previously entered a guilty plea for an assault on her minor child which resulted in serious bodily injury contrary to Title 18, United States Code, Sections 113(a)(6) and 1153.
According to the plea agreement and other documents filed with the court, Tepiew fractured her 19-month-old child’s skull with a shoe and inflicted multiple bruises and other injuries to the child’s body. Further, she failed to seek medical attention for the child for a period of approximately six days. Based on a report, the Menominee Tribal Police ultimately entered the residence and rescued the child.
In pronouncing the sentence, Chief Judge Griesbach classified the crime as a “brutal beating” that “cried out for justice.” The defendant requested that she be placed on probation in lieu of incarceration. Ultimately, the judge determined that this “very, very, serious offense” was worthy of 48 months in federal prison, followed by 3 years of supervised release.
The case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Daniel R. Humble.
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Massachusetts Man Sentenced to Four Years for Possessing Child PornographyRead the Press Release
Contact: Michael J. Conley
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that William Duffy, 59, of Attleboro, Massachusetts, was sentence today in U.S. District Court by Judge George Z. Singal to four years in prison to be followed by five years of supervised release for possessing child pornography. Duffy was also ordered to pay $5,000 in restitution to one of the victims of sexual abuse. Duffy pleaded guilty to the charge on February 23, 2016.
According to court records, in May 2015, deputies with the Cumberland County Sheriff’s Office executed a search warrant for Duffy’s laptop computer at his Sebago residence. A forensic analysis revealed 4,475 still images and 261 video files depicting minors being sexually abused, many depicting adults abusing prepubescent minors and infants.
In determining sentence, Judge Singal noted that possessing child pornography encourages the sexual abuse of children and elevates the trauma that victims of sexual abuse have already endured: “Simply creating a market for child pornography guarantees that more children will be abused. ... The impact of early childhood abuse never goes away. It’s there all the time. We have a population ... of [people] who live day by day knowing that the videos and photographs of their abuse are not only being distributed but are continuing to fuel sexual gratification of people who view them. And that never ends. ... It’s always there and will be there even after they are dead. That is their legacy to posterity.”
The investigation was conducted by the Federal Bureau of Investigation, the Cumberland County Sheriff’s Office and the Maine State Police Computer Crimes Unit.
Martinsburg man admits to unlawful acquisition of firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – Deven Deloreece Johnson, 21, of Martinsburg, West Virginia, pled guilty today to providing false information in order to purchase a firearm, United States Attorney William J. Ihlenfeld, II, announced.Johnson provided false information during the acquisition of a 9mm caliber pistol in December 2015 in Berkeley County, West Virginia.
Johnson pled guilty today to one count of “Conspiracy to Provide a False Statement During the Attempted Purchase of a Firearm.” He faces up to 10 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 Shawn M. Adkins prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Manhattan U.S. Attorney Announces Economic Espionage Charges Against Chinese Man for Stealing Valuable Source Code from Former Employer with Intent to Benefit the Chinese GovernmentRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and John P. Carlin, Assistant Attorney General for National Security, announced a six-count superseding indictment (the “Superseding Indictment”) charging XU JIAQIANG with economic espionage and theft of trade secrets, in connection with XU’s theft of proprietary source code from XU’s former employer, with the intent to benefit the National Health and Family Planning Commission of the People’s Republic of China. XU was initially arrested by the Federal Bureau of Investigation (“FBI”) in White Plains on December 7, 2015, and had previously been charged with one count of theft of trade secrets. XU is scheduled to be arraigned on the Superseding Indictment at 12:00 p.m. on Thursday, June 16, 2016, in White Plains federal court before the Honorable Kenneth M. Karas.
U.S. Attorney Preet Bharara stated: “As alleged, Xu Jiaqiang is charged with stealing valuable, proprietary software from his former employer, an American company, that he intended to share with an agency within the Chinese government. Economic espionage not only harms victim companies that have years or even decades of work stolen, but it also crushes the spirit of innovation and fair play in the global economy. Economic espionage is a serious federal crime, for which my office, the Department of Justice’s National Security Division, and the FBI will show no tolerance.”
Assistant Attorney General John P. Carlin stated: “Xu allegedly stole proprietary information from his former employer for his own profit and the benefit of the Chinese government. Those who steal America’s trade secrets for the benefit of foreign nations pose a threat to our economic and national security interests. The National Security Division will continue to work tirelessly to identify, pursue and prosecute any individual who attempts to harm American businesses by robbing them of their valuable intellectual property.”
According to the allegations contained in the criminal Complaint on which Xu was initially arrested, the original Indictment, and the Superseding Indictment[1] filed today in Manhattan federal court:
From November 2010 to May 2014, XU worked as a developer for a particular U.S. company (the “Victim Company”). As a developer, XU enjoyed access to certain proprietary software (the “Proprietary Software”), as well as that software’s underlying source code (the “Proprietary Source Code”). The Proprietary Software is a clustered file system developed and marketed by the Victim Company in the United States and other countries. A clustered file system facilitates faster computer performance by coordinating work among multiple servers. The Victim Company takes significant precautions to protect the Proprietary Source Code as a trade secret. Among other things, the Proprietary Source Code is stored behind a company firewall and can be accessed by only a small subset of the Victim Company’s employees. Before receiving Proprietary Source Code access, Victim Company employees must first request and receive approval from a particular Victim Company official. Victim Company employees must also agree in writing at both the outset and the conclusion of their employment that they will maintain the confidentiality of any proprietary information. The Victim Company takes these and other precautions in part because the Proprietary Software and the Proprietary Source Code are economically valuable, which value depends in part on the Proprietary Source Code’s secrecy.
In May 2014, XU voluntarily resigned from the Victim Company. XU subsequently communicated with one undercover law enforcement officer (“UC-1”), who posed as a financial investor aiming to start a large-data storage technology company, and another undercover law enforcement officer (“UC-2”), who posed as a project manager, working for UC-1. In these communications, XU discussed his past experience with the Victim Company and indicated that he had experience with the Proprietary Software and the Proprietary Source Code. On March 6, 2015, XU sent UC-1 and UC-2 a code, which XU stated was a sample of XU’s prior work with the Victim Company. A Victim Company employee (“Employee-1”) later confirmed that the code sent by XU included proprietary Victim Company material that related to the Proprietary Source Code.
XU subsequently informed UC-2 that XU was willing to consider providing UC-2’s company with the Proprietary Source Code as a platform for UC-2’s company to facilitate the development of UC-2’s company’s own data storage system. XU informed UC-2 that if UC-2 set up several computers as a small network, then XU would remotely install the Proprietary Software so that UC-1 and UC-2 could test it and confirm its functionality.
In or around early August 2015, the FBI arranged for a computer network to be set up, consistent with XU’s specifications. Files were then remotely uploaded to the FBI-arranged computer network (the “Xu Upload”). Thereafter, on or about August 26, 2015, XU and UC-2 confirmed that UC-2 had received the Xu Upload. In September 2015, the FBI made the Xu Upload available to a Victim Company employee who has expertise regarding the Proprietary Software and the Proprietary Source Code (“Employee-2”). Based on Employee-2’s analysis of technical features of the Xu Upload, it appeared to Employee-2 that the Xu Upload contained a functioning copy of the Proprietary Software. It further appeared to Employee-2 that the Xu Upload had been built by someone with access to the Proprietary Source Code who was not working within the Victim Company or otherwise at the Victim Company’s direction.
On December 7, 2015, XU met with UC-2 at a hotel in White Plains, New York (the “Hotel”). XU stated, in sum and substance, that XU had used the Proprietary Source Code to make software to sell to customers, that XU knew the Proprietary Source Code to be the product of decades of work on the part of the Victim Company, and that XU had used the Proprietary Source Code to build a copy of the Proprietary Software, which XU had uploaded and installed on the UC Network (i.e., the Xu Upload). XU also indicated that XU knew that the copy of the Proprietary Software XU had installed on the UC Network contained information identifying the Proprietary Software as the Victim Company’s property, which could reveal the fact that the Proprietary Software had been built with the Proprietary Source Code without the Victim Company’s authorization. XU told UC-2 that XU could take steps to prevent detection of the Proprietary Software’s origins – i.e., that it had been built with stolen Proprietary Source Code – including writing computer scripts that would modify the Proprietary Source Code to conceal its origins.
Later on December 7, 2015, XU met with UC-1 and UC-2 at the Hotel. During that meeting, XU showed UC-2 a copy of what XU represented to be the Proprietary Source Code on XU’s laptop. XU noted to UC-2 a portion of the code that indicated it originated with the Victim Company as well as the date on which it had been copyrighted. XU also stated that XU had previously modified the Proprietary Source Code’s command interface to conceal the fact that the Proprietary Source Code originated with the Victim Company and identified multiple specific customers to whom XU had previously provided the Proprietary Software using XU’s stolen copy of the Proprietary Source Code.
In connection with the economic espionage counts charged in the Superseding Indictment, XU stole, duplicated, and possessed the Proprietary Source Code with the intent to benefit the National Health and Planning Commission of the People’s Republic of China.
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The Superseding Indictment charges XU, 30, with three counts of economic espionage, in violation of Title 18, United States Code, Sections 1831 and 2, each of which carries a maximum sentence of 15 years in prison, and three counts of theft of a trade secret, in violation of Title 18, United States Code, Sections 1832 and 2, each of which carries a maximum sentence of 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Bharara praised the FBI’s outstanding investigative efforts. This prosecution is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York and the National Security Division of the U.S. Department of Justice.
The case is being prosecuted by the Office’s Terrorism and International Narcotics Unit and its White Plains Division. Assistant U.S. Attorneys Benjamin Allee and Ilan Graff are in charge of the prosecution, with assistance from Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section.
The charges in the Superseding Indictment, the original Indictment, and the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, the original Indictment, and the Superseding Indictment, and the description of those documents set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Man Pleads Guilty to Using False Information to Obtain FirearmsRead the Press Release
CONCORD – United States Attorney, Emily Gray Rice announced today that Nana Kofi Baffoe, 63, appeared before United States District Court Chief Judge Joseph Laplante and pleaded guilty to two charges of making false statements related to the purchase of firearms.
According to documents that were filed in United States District Court and statements in the plea proceeding, on February 4, 2015, Baffoe purchased two Ruger .45 caliber pistols from a federally licensed firearms dealer in Hudson, New Hampshire. In purchasing these handguns, Baffoe filled out a form where he stated that he resided at a location in Manchester, New Hampshire. A subsequent law enforcement investigation showed that this statement was false. At the time of the purchase, Baffoe was residing in Canada and never resided at the address in Manchester. Under federal law, the firearms dealer could not have lawfully sold the firearms to the defendant if he was not a resident of New Hampshire.
Baffoe was originally arrested on May 26, 2015. According to an affidavit previously filed in federal court, Baffoe entered the United States from Canada at a border crossing on May 18, 2015. A few days later, he met with a firearms dealer in Nashua, New Hampshire and sought to purchase 100 handguns. However, that subsequent transaction did not take place.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Manchester Police Department, Nashua Police Department, the New Hampshire State Police, Office of Inspector General of the Social Security Administration, the U.S. Department of Commerce, Homeland Security Investigations, and the U.S. State Department. It is being prosecuted by Assistant United States Attorney John J. Farley.
A sentencing hearing has been scheduled for September 19, 2016.
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Lead Defendant Sentenced to over 13 Years in Prison in Trinity County Marijuana CaseRead the Press Release
SACRAMENTO, Calif. — Bryan Schweder, 53, of Hayfork, was sentenced today by U.S. District Judge Kimberly J. Mueller to 13 and a half years in prison for conspiracy to manufacture marijuana and for being a felon in possession of firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, federal search warrants were executed on two properties in Trinity County owned by Schweder. At his residence on Highway 3 in Hayfork, agents located Schweder and 10 of his co-defendants, as well as 347 marijuana plants, a large marijuana processing area with approximately 300 pounds of drying marijuana plants, approximately 110 pounds of processed marijuana, and eight firearms, including a loaded 9 mm Uzi semiautomatic assault rifle and an AK-47. At his Dirt Road property, agents located 146 marijuana plants and 10 pounds of processed marijuana.
According to court documents, Schweder was the manager of the growing operation. He has a criminal history that includes two felony convictions of possession of marijuana for sale (1999 and 2005), two felony convictions for being a felon in possession of firearms (1997 and 1999), and a domestic violence conviction (1995).
The following co-defendants pleaded guilty and have already been sentenced in this case or are pending sentencing:
On March 16, 2016, Effren Rodriguez was sentenced to 10 years in prison
On June 8, 2016, Brian Pickard was sentenced to seven years and three months in prison;
On March 30, 2016, Juan Madrigal Olivera was sentenced to two years and three months in prison;
On December 14, 2015, Manuel Madrigal Olivera was sentenced to five years in prison;
On January 28, 2016, Fred Holmes was sentenced to one year in prison;
On September 16, 2015, Paul Rockwell was sentenced to four years in prison;
On January 13, 2016, Rafael Camacho-Reyes was sentenced to six years in prison;
On March 19, 2014, Homero Lopez Barron was sentenced to three years in prison;
On July 2, 2014, Victorino Betancourt-Meraz was sentenced to three years in prison;
On June 4, 2012, Oseas Carnenas Tolentino was sentenced to three years in prison;
On March 19, 2014, Fernando Reyes Mojica was sentenced to three years in prison;
On June 4, 2014, Juan Cisneros Vargas was sentenced to three years in prison;
On March 19, 2014, Osiel Valencia Alvarez was sentenced to 2.5 years in prison;
On November 13, 2013, Filiberto Espinoza-Tapia was sentenced to 2.5 years in prison;
Leonardo Tapia, is scheduled to be sentenced on July 20, 2016.
On April 17, 2015, Judge Mueller denied Pickard’s motion to dismiss the indictment and upheld the listing of marijuana as a Schedule I Controlled Substance after a five-day evidentiary hearing. In a 38-page written opinion outlining the evidence and the position of the parties, Judge Mueller joined the numerous other judges who have concluded that a rational basis exists for the inclusion of marijuana as a Schedule I Controlled Substance.
This case is the product of an investigation by the U.S. Forest Service, the Trinity County Sheriff’s Office, and the California Department of Justice’s North State Marijuana Investigative Team (NSMIT). Assistant United States Attorneys Samuel Wong, Richard Bender, and Gregory Broderick are prosecuting the case.
Kailua Man Sentenced to 46 Months in Prison for Drug Offense Committed Near SchoolRead the Press Release
HONOLULU -- Chief United States District Judge J. Michael Seabright yesterday sentenced Aaron Hu, 52, of Kailua, to 46 months imprisonment for possessing, with intent to distribute, a quantity of methamphetamine and heroin within 1,000 feet of a public elementary school on March 30, 2015. Hu was convicted on February 25, 2016 following a three-day jury trial.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that according to information produced for the court, Hu agreed to sell approximately one ounce of heroin and a quantity of methamphetamine within 1,000 feet of Kailua Elementary School to an individual who was cooperating with law enforcement. Hu was also sentenced to serve a 12-year term of supervised release following the completion of his prison term as a result of having previously been convicted by the State of Hawaii for promotion of a dangerous drug in the second degree in 2006.
The case arose from an investigation conducted by the Drug Enforcement Administration, and was prosecuted by Assistant U.S. Attorney Thomas C. Muehleck.
Justice Department and CNCS Announce Elder Justice AmeriCorps; $2 Million Partnership will Expand Legal Resources for Older Crime VictimsRead the Press Release
Today, at the United State of Women Summit, the Department of Justice and the Corporation for National and Community Service (CNCS), through its new Elder Justice AmeriCorps partnership, announced $2 million in grants to provide legal assistance and support services to victims of elder abuse, neglect and exploitation – the majority of whom are women.
The Elder Justice AmeriCorps program is funded by the Justice Department’s Elder Justice Initiative, Office for Victims of Crime and CNCS, the federal agency which administers AmeriCorps and other national service programs. This new effort is also supported by the Justice Department’s Office for Access to Justice.
The new program will support 300 AmeriCorps members, serving through Equal Justice Works, over the next two years in Alaska, California, Colorado, Florida, Georgia, Illinois, Iowa, Louisiana, Massachusetts, Montana, New York, North Carolina, Oregon, Texas, Virginia and Washington, D.C.
“Elder abuse and exploitation exact an enormous physical, financial and emotional toll on victims, many of whom never find the comprehensive support they so desperately need,” said Attorney General Loretta E. Lynch. “Elder Justice AmeriCorps deploys a volunteer army of legal advocates in communities across the country, giving thousands of our nation’s elders a place to turn for healing and justice.”
“After a lifetime of hard work, serving our nation, and raising their families, our seniors are often targeted by unscrupulous actors who intend to take advantage of them, making them vulnerable to abuse and exploitation,” Said Wendy Spencer, CEO of the Corporation for National and Community Service. “Through Elder Justice AmeriCorps, we are expanding our partnership with the U.S. Department of Justice to connect these older adults with highly skilled AmeriCorps members who can provide legal services that will ensure our seniors have the care and support they need and deserve.”
The AmeriCorps members are expected to serve more than 4,000 older adults each year by providing screenings for abuse, neglect or exploitation; referrals to support services associated to abuse or neglect; and high-quality legal services. Elder Justice AmeriCorps members are also expected to leverage an additional 300 community volunteers who will be engaged in the provision of specialized legal services to older adults who have been victims of abuse, neglect or exploitation.
Elder Justice AmeriCorps is the first-ever army of new lawyers and paralegals to help victims of those who prey on our nation’s elders. It expands on an existing partnership between the two agencies, which includes justice AmeriCorps, a legal aid program launched in 2014 by the Department of Justice and CNCS to serve unaccompanied minors. Upon completion of their service, Elder Justice AmeriCorps members will be eligible for a Segal AmeriCorps Education Award, or scholarship, to help pay for additional education or pay back student loans.
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The Corporation for National and Community Service is a federal agency that engages millions of Americans in service through its AmeriCorps, Senior Corps, Social Innovation Fund and other programs, and leads president's national call to service initiative, United We Serve. For more information, visit www.nationalservice.gov.
On June 14 the White House Council on Women and Girls is convening the first United State of Women Summit, a large-scale effort to rally together advocates of gender equality to highlight what we've achieved, identify the challenges that remain, and chart the course for addressing them. Experts, advocates, and grassroots and business leaders who work in both domestic and international arenas will gather to highlight key issues affecting women and girls. More information on the summit is available at www.theunitedstateofwomen.org.
Justice Department Awards More Than $3.2 Million to Reduce Domestic Violence HomicidesRead the Press Release
The Justice Department’s Office on Violence Against Women (OVW) today announced more than $3.2 million in new investments to help communities prevent domestic violence homicides.
“Despite improvements in shelter, protection orders and training for law enforcement, judges and prosecutors, domestic violence homicide is all too common,” said Principal Deputy Director Bea Hanson of OVW. “These awards we’re announcing are part of OVW's ongoing efforts to prevent domestic violence homicide.”
OVW will provide $700,000 to the Battered Women’s Justice Project to improve the criminal justice system’s response to domestic violence homicides involving firearms. The funds will establish a National Resource Center on Domestic Violence and Firearms that will build the capacity of victim service providers to respond effectively to domestic violence cases involving firearms.
The National Council of Juvenile and Family Court Judges will receive $900,000 to provide enhanced training and technical assistance, working closely with OVW, to implement an effective firearms response at the local, state and tribal levels.
National Intimate Partner Violence Intervention Initiative (NIPVII), a partner of the National Network for Safe Communities at John Jay College of Criminal Justice, will also receive $1.6 million. NIPVII will work with three cities, to be selected as part of the demonstration pilot, to replicate a promising strategy for reducing intimate partner violence and homicides. The National Institute of Justice will oversee an evaluation of the initiative through a grant to Yale University.
Additionally, OVW also announced the addition of two new cities, Miami and Winnebago County, Illinois, as replication sites for the evidence-based Lethality Assessment Program model, which has been shown to be effective in encouraging victims to use domestic violence support and shelter services. The Lethality Assessment Program model was included as part of OVW’s Domestic Violence Homicide Prevention Demonstration Initiative, established in 2012.
OVW provides leadership in developing the nation’s capacity to reduce violence against women through the implementation of VAWA and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. More information is available at www.justice.gov/ovw.
Joplin Man Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., man was sentenced in federal court today for receiving and distributing child pornography over the Internet.
Mark Eugene Drew, 59, of Joplin, was sentenced by U.S. District Judge Beth Phillips to eight years in federal prison without parole.
On Jan. 25, 2016, Drew pleaded guilty to receiving and distributing child pornography.
Court documents cite Drew’s long-term involvement in a Web site that hosted a massive collection of child pornography and erotica, some of which Drew contributed. Beginning in November 2010, the Department of Justice Child Exploitation and Obscenity Section launched an investigation into a Web site (referred to as “website A” to protect the integrity of the investigation) that was used to post and exchange depictions of the sexual abuse of children. During the course of the investigation, approximately 24 individuals in the United States were identified as contributors to “website A.” In over half of these cases, the investigation revealed that the users not only posted images to “website A,” but also actively committed sexual crimes against children.
Drew was identified as one of the contributors. According to court documents, he created digital albums and posted them to a Web site utilized for the exchange of child pornography. Law enforcement officers executed a search warrant at Drew’s residence on Nov. 21, 2013, and seized three computers, a flash drive and a DVD. A total of 351 images of child pornography were found on the computer equipment. Messages exchanged between Drew and other individuals were also recovered. During these exchanges, Drew claimed to have engaged in sexual intercourse with a minor.
Drew also admitted to the investigators that he was sexually attracted to children and bragged about having sex with children.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Missouri Cyber Crime Task Force and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictment: Undocumented Workers Forced to Pay Kickbacks to KCK Roofing CompanyRead the Press Release
KANSAS CITY, KAN. - A federal grand jury indictment unsealed here today alleges the owners of a Kansas City roofing company intimidated and coerced undocumented workers to pay kickbacks in violation of federal forced labor statutes, Acting U.S. Attorney Tom Beall said.
The indictment alleges the owners of Century Roofing knowingly employed undocumented workers, using coercion, extortion and threats to control workers and force them to pay kickbacks. Their goal was to make money by cutting Century Roofing’s costs and giving the company a competitive advantage.
“Unlawful business practices alleged in the indictment paint a picture of undocumented workers being manipulated by employers who played on their vulnerabilities – particularly their fear of being caught and deported from the United States,” said Acting U.S. Attorney Tom Beall.
The indictment alleges the owners of Century Roofing at 6 South 59th St. Lane, Kansas City, Kan., used primarily undocumented workers who were paid in cash to complete commercial and residential roofing projects in the Kansas City metro area. The defendants are alleged to have used unlawful tactics to enrich themselves at the expense of workers including:
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Threatening to fire roofing crew leaders unless they paid cash kickbacks to the defendants.
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Threatening to cause roofing crew leaders to be fired from jobs working for other companies -- or to be unable to get jobs with other companies -- unless they paid kickbacks to the defendants.
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Threatening to take back work trucks provided to crew leaders unless they paid kickbacks, even when crew leaders were making loan payments, and paying for insurance and maintenance on the trucks.
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Threatening to report them to U.S. immigration authorities unless they paid kickbacks.
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Threatening to report them to U.S. immigration authorities if crew leaders or crews worked for other roofing companies without the defendants’ approval.
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Threatening to report them to U.S. immigration authorities if crew leaders or crews failed to complete work by deadlines set by the defendants.
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Evicting or threatening to evict crew leaders from housing provided by defendants if they didn’t follow the defendants’ orders.
“This joint operation reflects our commitment to working with our law enforcement partners to bring to justice human traffickers,” said Acting Special Agent in Charge James Gibbons of HSI Chicago. “We are resolute in our efforts to not only arrest human traffickers, but also to rescue the victims.”
Defendants named in the indictment are in custody and scheduled to make an appearance this afternoon in U.S. District Court in Kansas City, Kan. The defendants are:
Tommy Frank Keaton, 70, Shawnee, Kan., co-owner of Canadian West, Inc., and RAM Metal Products, doing business as Century Roofing.
Graziano Cornolo, 55, Lenexa, Kan., co-owner of co-owner of Canadian West, Inc., and RAM Metal Products, doing business as Century Roofing.
Alberto Diaz-Hernandez, 33, a citizen of Mexico, and employee of Century Roofing.
Charges in the indictment include:
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Conspiracy to obtain forced labor and benefit from forced labor (count one).
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Obtaining and attempting to obtain forced labor (counts 2,3 and 4)
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Benefitting from forced labor (counts 5, 6 and 7)
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Conspiracy to transport undocumented workers in the United States and encouraging undocumented aliens to remain in the United States for the purpose of financial gain (count eight)
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Transporting an undocumented worker in the United States (counts nine and 10).
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Harboring an undocumented worker (counts 11, 12 and 13)
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Encouraging or inducing undocumented workers to reside in the United States (count 14-17)
Upon conviction the charges carry the following penalties:
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Counts 1-7 labor trafficking: Up to 20 years in federal prison and a fine up to $250,000 on each count.
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Count 8: Up to 20 years in federal prison and a fine up to $250,000.
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Counts 9-17 Transporting, encouraging undocumented workers to remain unlawfully in the United States: A maximum penalty of five years in federal prison and a fine up to $250,000.
Investigating agencies include: Homeland Security Investigations (HSI), the Kansas Department of Revenue, the Clay County Sheriff’s Department, the Overland Park Police Department, the Wyandotte County Sheriff’s Department, the Kansas City, Kan., Police Department, the Lenexa Police Department and the Shawnee Police Department. Assistant U.S. Attorney Brent Anderson is prosecuting. keaton_indict_2_.pdf
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
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Hurst, Texas, Man Sentenced to 360 Months in Federal Prison for Federal Child Pornography OffensesRead the Press Release
FORT WORTH, Texas — A Hurst, Texas, man was sentenced this morning by U.S. District Judge Terry R. Means to 360 months in federal prison and 10 years of supervised release for child pornography offenses, announced John Parker, U.S. Attorney for the Northern District of Texas.
Randy Ray Wesson, 29, pleaded guilty, in February 2015 to one count of possession of child pornography and one count of receipt of child pornography.
According to the complaint, the investigation began when a detective with the Hurst Police Department received information form the Dallas Police Department’s Internet Crimes Against Children (ICAC) unit regarding a Cybertip received from the National Center for Missing and Exploited Children (NCMEC). That referral indicated that a particular Instagram member had uploaded an image of child pornography through their server on June 7, 2014. The investigation revealed that Wesson was the owner of that account.
Officers with the Hurst Police Department executed a state search warrant at Wesson’s home on November 18, 2014, in an effort to search for and seize evidence of child pornography. Wesson was present during the search. A forensic examination revealed that Wesson’s desktop computer contained files visually depicting minors, including a prepubescent minor, engaged in sexually explicit conduct.
In addition, according to the filed factual resume, on February 9, 2014, Wesson used the Internet and Instagram to receive visual depictions of minors engaged in sexually explicit conduct.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Hurst Police Department investigated. Assistant U.S. Attorney A. Saleem prosecuted.
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Houston Man Convicted of Multiple Counts Involving Child PornographyRead the Press Release
HOUSTON – A 48-year-old man from Houston has entered a guilty plea to sexual exploitation of a child, distribution and possession of child pornography, announced U.S. Attorney Kenneth Magidson.
William Lee Niver appeared today before U.S. District Judge Gray Miller and entered a plea of guilty to one count of production of child pornography, two counts of distribution of child pornography and one count of possession of child pornography.
Niver first came to the attention of law enforcement after he had sent images of child pornography to an undercover agent. Federal agents executed a search warrant at Niver’s residence and performed a forensic examination on his computer which resulted in the discovery of more than 6,000 images and 1,000 videos of young children engaged in sexually explicit conduct. The images included children under the age of 12, bondage and acts of violence. Some of the images are of known victims as identified through the National Center for Missing and Exploited Children.
At the time of the plea, Niver admitted to taking sexually explicit photographs and a video of a minor relative and emaileing them to others.
Judge Miller has set sentencing for Sept. 1, 2016. At that time, Niver faces a minimum of 15 and up to 30 years in federal prison for the production, up to 20 years imprisonment on each of the distribution convictions and a maximum of 10 years for possessing child pornography.
Homeland Security Investigations conducted the investigation.
This case, prosecuted by Assistant U.S. Attorneys Kimberly Ann Leo and Carrie A. Wirsing, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Harrisburg Man Sentenced to 11 Years in Prison for Drug DistributionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Malachi Maurice Glass, age 33, of Harrisburg, Pennsylvania, was sentenced yesterday to 11 years in prison by United States District Court Judge John E. Jones, III in Harrisburg, for distribution of cocaine base (crack) and cocaine hydrochloride.
According to United States Attorney Peter Smith, Glass previously pleaded guilty to distribution of cocaine. Glass, in his plea, acknowledged distributing more than 55 grams of crack cocaine in Mifflin County (with a value over $3,000) between April and August 2013.
Glass was indicted by a federal grand jury in Harrisburg in October 2013, as a result of an investigation by the Federal Bureau of Investigation, the Mifflin County Drug Task Force, and the Lewistown Police Department. Assistant United States Attorney Daryl F. Bloom prosecuted the case.
Judge Jones also ordered Glass to be placed on three years of supervised release following his prison sentence.
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Galax Man Indicted on Eights Counts of Child Pornography ProductionRead the Press Release
ABINGDON, VIRGINIA – A federal grand jury sitting in the United States District Court for the Western District of Virginia in Abingdon has charged a Galax man with eight counts of producing child pornography, United States Attorney John P. Fishwick Jr. announced today.
In an indictment returned yesterday, the grand jury in Abingdon has charged Richard Denny Nofsinger Jr., 37, of Galax, Virginia, with eight counts of production of child pornography. If convicted, each count carries a possible sentence, by statute, of between 15-30 years in federal prison.
According to the indictment, the alleged acts took place between December 2015 and May 2016 in the Western District of Virginia, and elsewhere.
The investigation of the case was conducted by the United States Secret Service and the Galax Police Department. Assistant United States Attorney Jenifer Bockhorst will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Former Utz Quality Foods Employee & Vendor Charged with $1.4 Million False Invoice Kickback SchemeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former employee of Utz Quality Foods, Inc., Hanover, Pennsylvania and a former Utz vendor have been charged with a false invoice kickback scheme that defrauded Utz out of approximately $1.4 million.
Kevin Myers, age 38, a former resident of Abbottstown, Pennsylvania, and the former Director of Purchasing for Utz, and Jonathan Haas, age 45 of Easton, Pennsylvania, the former owner of Haas Packaging and Design, Inc. Bethlehem, Pennsylvania, were each charged today in a Criminal Information filed in U.S. District Court in Harrisburg.
The government also filed plea agreements with the defendants which are subject to the approval of the court.
According to United States Attorney Peter Smith, Haas Packaging & Design was a vendor that supplied Utz with shelving and packaging products between January 2010 and August 2014. The defendants allegedly defrauded Utz by Haas’ submission of approximately 83 false invoices and approximately 43 bogus purchase orders prepared by Myers for products Utz never actually received. After Myers approved Haas’ false invoices for payment, Haas allegedly would kickback a portion of the proceeds to Myers. Haas allegedly received approximately $1,474,765 from Utz as a result of the false invoices and kicked back approximately $651,000 of that amount to Myers.
The defendants also allegedly attempted to conceal kickbacks to Myers as payments for consulting services. Some of the kickbacks were in the form of checks payable to “Myers Packaging Consulting,” a fictional business entity created by Myers.
The specific wire fraud charge relates to an alleged interstate wire transmission of a $26,000 check into a Myers Packaging Consulting bank account in January 2014. The government is also seeking forfeiture of approximately $1.4 million as proceeds of the scheme.
The case was investigated by the Harrisburg Office of the Federal Bureau of Investigation and Utz Quality Foods, Inc. cooperated with the investigation. The case is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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