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3 August 2016
Mansfield man faces child pornography indictmentRead the Press Release
Lee D. Switzer, 25, of Mansfield, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
The indictment charges that from on or about February 20, 2016, through on or about April 17, 2016, Switzer knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce. The indictment also charges that on July 6, 2016, Switzer possessed a computer which contained child pornography.
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.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Mansfield and Canton Offices of the Federal Bureau of Investigation and the Canton Police Department.
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.
Manchester Resident Pleads Guilty to Selling Stolen Government PropertyRead the Press Release
CONCORD, N.H. – A 25-year-old resident of Manchester, New Hampshire, Kristopher White, has pleaded guilty to fifteen counts of unlawfully converting government property, announced United States Attorney Emily Gray Rice.
From June 8 to June 19, 2015, three barrels that contained government-owned scrap metal and 25 government-owned tools were stolen from a maintenance building at the U.S. Department of Veterans Affairs Medical Center in Manchester. On June 9, 10 and 19, 2015, White knowingly sold the stolen scrap metal to a recycling business in Manchester, and on June 19 he knowingly sold 12 of the stolen tools to a pawn shop in Manchester.
The crimes to which White pleaded guilty are felonies because the aggregate cost price or market value of the stolen items is more than $1,000.
The maximum period of imprisonment for each offense is 10 years. The maximum fine for the offense is $250,000. White will be sentenced by United State District Court Judge Landya B. McCafferty on November 18, 2016 at 10:00 a.m. Judge McCafferty will sentence White after she has had the opportunity to review a presentence investigation report prepared by the United States Probation & Pretrial Services office.
The case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and the VA Police Services at the Manchester VA Medical Center. The case was prosecuted by AUSA Robert M. Kinsella.
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Man Who Absconded While Under Indictment in “Swatting” Case, is Arrested, Pleads Guilty and is Sentenced to Serve 84 Months in Federal PrisonRead the Press Release
DALLAS — Jeffrey Lynn Daniels, 43, was sentenced on Monday by U.S. District Judge Sam A. Lindsay to serve a total of 84 months in federal prison, following his guilty plea in March 2016 to federal charges filed in 2011 in the Northern District of Texas regarding a “swatting conspiracy” and a federal charge filed in the Northern District of Georgia stemming from his resisting arrest in Conyers, Georgia, in early February 2015. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
“Swatting” refers to falsely reporting an emergency to a police department to cause a Special Weapons and Tactics (SWAT) response to a physical address, or making a false report to elicit an emergency response by other first responders to a specific physical address.
According to documents filed in the case, Daniels created software specifically designed for business teleconferencing and entertainment chat lines. His system offered a suite of services from which Daniels benefitted financially. Daniels knew that members of a swatting conspiracy used the system for many things, legal and illegal, and on more than one occasion, they used the teleconferencing aspect to group themselves together, use three-way calling, bridge someone into the conference with them, and in turn, harass the person or persons bridged. Daniels admitted he turned a blind eye to these activities. He could have ended some of their illegal or criminal activities on his system, but he didn’t, nor did he report it to the proper authorities.
Daniels further admitted that on several occasions he gave advice to co-conspirator Matthew Weigman[i] about swatting and how it was done. In fact, Daniels is aware that Weigman, relying on his advice, made swatting calls directed at a location in Fort Worth, Texas, in 2006.
Daniels also admitted that he tried to conceal electronic data on a cell phone belonging to another co-conspirator, Chad Ward,[ii] from Ward’s residence in New York, with the intent to impair the integrity and availability of the items in an FBI investigation.
In Spring 2012, Daniels, while under indictment in the Northern District of Texas for his role in the above-referenced swatting conspiracy, fled to Georgia. On February 1, 2015, Daniels was located at a residence in Georgia. An FBI tactical team entered and re-apprehended Daniels. During the tactical team’s entry, Daniel appeared and displayed a weapon. Daniels waived venue, and pleaded guilty in the NDTX to one count of forcible assault of or interference with a federal officer.
Jason Allen Neff, 35, Daniels’ co-defendant who also pleaded guilty to his role in the swatting case, was sentenced by Judge Lindsay in January 2015 to 60 months in federal prison and ordered to pay $79,440 in restitution.
The FBI investigated the case. Assistant U.S. Attorney C.S. Heath prosecuted.
[i] Weigman pleaded guilty and was sentenced in June 2009 to 135 months in federal prison.
[ii] Ward pleaded guilty and was sentenced in May 2008 to 60 months in federal prison.
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Judge Sentences Mexican Citizen for Illegally Re-entering United StatesRead the Press Release
PITTSBURGH – A citizen of Mexico has been sentenced in federal court to time served to be followed by one year supervised release on his conviction of illegal reentry after deportation, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Benjamin Juarez-Luna, 36, a citizen of Mexico.
According to information presented to the court, Juarez-Luna, an alien, who was previously removed from the United States by U.S. Immigration and Customs Enforcement on Sept. 8, 2014, Jan. 31, 2015, Feb. 22, 2015, and July 1, 2015, was taken into custody on May 11, 2016, by Immigration and Customs Enforcement, Homeland Security Investigations.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the U.S. Immigration and Customs Enforcement for the investigation leading to the successful prosecution of Juarez-Luna.
January 2016: Human Trafficking Awareness and Prevention Month EventsRead the Press Release
In December 2015, President Barack Obama proclaimed January 2016 as “National Slavery and Human Trafficking Prevention Month,” and called to rededicate ourselves to assisting victims of human trafficking and to combating it in all its forms.
In January 2016, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands (CNMI) proclaimed the month of January as “National Slavery and Human Trafficking Prevention Month,” and the CNMI Senate presented a legislative resolution -- all calling for the protection of human rights and encouraging our community to be vigilant, and compassionate to victims and their families.
The Guam HTTF and NMI HTIC organized and held events during National Slavery and Human Trafficking Prevention Month: a proclamation signing in Guam and Saipan, NMI; a community wave by Skinner Plaza in Hagatna, the capital of Guam; and a human trafficking awareness workshop for employees at the Guam Department of Public Health and Social Services; and outreaches held at high schools in Saipan, NMI.
In March 2016, U.S. Attorney Alicia Limtiaco and members of the Guam Human Trafficking Task Force (HTTF) and the NMI Human Trafficking Intervention Coalition (HTIC) attended the 13th Hawaii International Summit: Preventing Assessing & Treating Trauma Across the Lifespan, where U.S. Attorney Limtiaco was a speaker and facilitator at the Human Trafficking Track Pre-Summit 2016 Pacific Train the Trainer Course. The goal of the course was to support the creation of a network of professionals in the Pacific region working to build peace within our communities. This course will be used to establish a Pacific Speakers Bureau for a range of justice, human rights and other topics relevant to Pacific Island peoples.
In April 2016, U.S. Attorney Limtiaco was invited to American Samoa to participate in a series of meetings with the American Samoa Human Trafficking Task Force, Samoa Victim Support Group (SVSG), American Samoa Pacific Women Indigenous Network (PacWIN), American Samoa Attorney General’s Office, American Samoa Department of Homeland Security, American Samoa Department of Health and Human Services, American Samoa Domestic Violence Shelter, and American Samoa Legal Services. She also conducted trainings with the American Samoa Attorney General’s Office, the American Samoa Legal Services, and the principals of the American Samoa School System.
In May 2016, U.S. Attorney Limtiaco was a keynote speaker at the 2016 kNOw MORE Conference, Celebrating Diversity in Micronesia: Empowering and Developing Communities Together, held at the Westin Hotel in Tumon, Guam.
U.S. Attorney Limtiaco spoke on the topic of “Preventing Human Trafficking in the Pacific Region,” and shared information on the Pacific Regional Response to Combat Human Trafficking initiative, which is a collaborative effort among the U.S. Attorney’s Office for the Districts of Guam and the NMI, the U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, U.S. Department of the Interior, Office of Insular Affairs, the U.S. Department of Labor, the Guam HTTF, the NMI HTIC, and other community partners. U.S. Attorney Limtiaco also discussed the intersection and relationship between human trafficking, sexual assault, child abuse and domestic and family violence, and prevention and enforcement efforts in the Pacific region.
The U.S. Attorney’s Office in collaboration with federal and local partners, Guam HTTF and NMI HTIC, continue to work collaboratively on the Pacific Regional Response to Combat Human Trafficking initiative. The Pacific Regional Response to Combat Human Trafficking initiative employs a multidisciplinary model, including participation, coordination, and collaboration among law enforcement; prosecution; victim service providers; social services; medical, mental and public health professionals; faith based organizations; educational institutions; Consulates; and other community stakeholders. The response calls for the establishment and provision of victim services, investigation and prosecution of human trafficking, training opportunities, community outreach/ public awareness and prevention programs, and creation of human trafficking task forces and coalitions in the Pacific region island communities. Providing fundamental training in human trafficking, including victimization, investigation and prosecution, prevention efforts, and other related topics, to law enforcement; prosecution; victim service providers; social services; medical, mental and public health professionals; faith based organizations; educational institutions; Consulates; and other community stakeholders, in our Pacific region island communities, is critical to effective prevention and enforcement efforts in the region.
The Guam HTTF and the CNMI HTIC, and other community partners, continue to respond to the needs of human trafficking victims and their families, and to hold offenders accountable.
Photos taken at the various events.
Acting Governor of Guam, Raymond Tenorio, taken at the Proclamation Signing held at the Government House CNMI Human Trafficking Intervention Coalition members at the Governor’s Office for the Proclamation Signing in Saipan, NMI U.S. Attorney Alicia Limtiaco and First Assistant Shawn Anderson at the Human Trafficking Awareness and Prevention Wave in Guam Human Trafficking Awareness and Prevention Wave in Guam U.S. Attorney Alicia Limtiaco was invited to train nurses and staff at the Guam Department of Public Health and Social Services U.S. Attorney Alicia Limtiaco at the 2016 kNOw MORE Conference: Celebrating Diversity in Micronesia: Empowering and Developing Communities Together U.S. Attorney Limtiaco meeting with members of the American Samoa Pacific Women Indigenous Network (PacWIN) U.S. Attorney Limtiaco meeting with staff from the American Samoa Attorney General’s Office U.S. Attorney Alicia Limtiaco meeting with Director Fainu’ulelei Ala’ilima-Utu and his staff from the American Samoa Legal Services, in American Samoa U.S. Attorney Alicia Limtiaco meeting with Suzanna Tiapula, Distinguished Fellow at IVAT and Utuali’i luniasolua Tului Savusa, Director, Department of Homeland Security and Chair of the Human Trafficking Task Force, in American SamoaJackson Man to Serve 221 Months in Prison for Armed CarjackingRead the Press Release
Jackson, Miss - Lindsey Johnson, 28, of Jackson, was sentenced on August 2, 2016, by Senior U.S. District Judge William H. Barbour, to serve a total of 221 months in federal prison followed by five years of supervised release for armed carjacking, felon in possession of a firearm, and brandishing a firearm during the commission of a crime of violence, announced U.S. Attorney Gregory K. Davis. He was also ordered to pay a $1500 fine. Johnson was found guilty by a jury on May 19, 2016 after a three day trial before U.S. District Judge William H. Barbour.
The crime took place on August 2, 2015 at the Northwood Village Apartments in Jackson. The victim had been visiting relatives in the apartment complex when Lindsey Johnson approached him with a .38 caliber revolver. Johnson demanded that the victim get out of the car and give him any money that he had on his person. Johnson then left the apartments in the victim’s Lexus automobile and was later spotted by Jackson Police officers. He led JPD officers on a high speed chase through the city of Jackson where they were able to safely apprehend him. JPD officers and federal agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives recovered two weapons from the vehicle.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department. It was prosecuted by Assistant U.S. Attorney Abe McGlothin, Jr. and Deputy Criminal Chief Darren LaMarca.International Narcotics Distributor Pleads Guilty to Multiple Narcotics and Money Laundering ConspiraciesRead the Press Release
Earlier today, Salvador Jimenez Uribe, also known as “Salvador Uribe Jimenez,” pleaded guilty before United States District Judge Raymond J. Dearie in the federal courthouse in Brooklyn, New York, to a four-count superseding indictment for his involvement in an international cocaine importation conspiracy and international narcotics importation, distribution, and money laundering conspiracies. When sentenced, Jimenez faces up to life in prison.
The guilty plea was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division. The investigation was led by the DEA New York Organized Crime Drug Enforcement Strike Force.
According to court filings and facts presented during the plea proceeding, between approximately July 1, 2007 and February 26, 2008, Jimenez and his co-conspirators imported hundreds of kilograms of cocaine, as well as more than five kilograms of heroin, and more than a thousand kilograms of marijuana, from Mexico into the United States and distributed those narcotics in the New York area, including in the Eastern District of New York. Jimenez, a Mexican citizen, also worked with others during that time period to transport millions of dollars of proceeds from the sale of those narcotics back to Mexico, in a way that concealed the true source of the proceeds and avoided financial transaction reporting requirements. Between Approximately May 1, 2012 and March 15, 2015, Jimenez again conspired with others to import more than five kilograms of cocaine.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Hiral D. Mehta and Craig R. Heeren are in charge of the prosecution.
The Defendant:
SALVADOR JIMENEZ URIBE
Age: 50
Residence: Guadalajara, MexicoEDNY Docket No. 12-CR-603 (RJD)
Indictment and Arrest of Four Individuals for Social Security FraudRead the Press Release
SAN JUAN, P.R. - On August 2nd, 2016 a Federal Grand Jury in the District of Puerto Rico returned a 16-count indictment charging one doctor, Americo Oms-Rivera, his secretary Mayte González Muñoz, and Francisco Cabrera Alvarado, a former Social Security Administration (SSA) employee, for fraud in the application process for SSA disability insurance benefits in Puerto Rico, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez Vélez.
Defendants are also facing charges for wire fraud, false statement or representation to SSA, dispensing controlled substances by a practitioner (diversion), health care fraud, and aggravated identity theft.
The SSA is responsible for the implementation of the Disability Insurance Benefits Program. The SSA provides monetary benefits to workers with severe, long-term disabilities, who have worked in SSA covered employment for a required length of time. Spouses and dependent children of disabled workers may also be eligible to receive benefits.
Pursuant to SSA regulations, a claimant must prove to SSA that he or she is disabled by furnishing medical and other evidence with the application. The application and supporting evidence is then evaluated by SSA to determine the individual’s medical impairments and determine the effect of the impairment on the claimant’s ability to work on a sustained basis.
The indictment alleges that on or about September 24, 2013, Person A was introduced to Oms-Rivera to discuss his intentions of applying for disability insurance benefits. During said meeting, Oms-Rivera informed Person A that he/she needed to seek treatment for a period of five (5) to six (6) months before the paperwork was submitted to the SSA. Oms-Rivera told Person A that once Person A’s disability benefits were approved he would take a percentage of the check as payment. The scheme involved, among others, the following acts alleged in the indictment:
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On or about January 14, 2014, Person A had the first medical appointment with Oms-Rivera. During this visit, Person A informed the doctor that he/she was interested in obtaining SSA disability insurance benefits. Person A reported that his/her medical conditions were high blood pressure and migraines from time to time. In response, Oms-Rivera prescribed Prozac, a non-controlled narcotic, used for depression and panic disorders and Restoril, a Scheduled IV narcotic used to treat insomnia symptoms.
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Person A made additional visits to Oms-Rivera for purported medical treatment. During these visits Oms-Rivera and Person A discussed the disability application process and Oms-Rivera prescribed Prozac, a non-controlled narcotic, used for depression and panic disorders; Restoril, a Scheduled IV narcotic, used to treat insomnia symptoms; Ambien, a Scheduled IV narcotic, used to treat insomnia; and Xanax, a Scheduled IV narcotic, used to treat anxiety and panic disorders.
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Oms-Rivera and defendant González-Muñoz referred Person A to Cabrera, a former SSA employee who worked as a non-attorney representative. Cabrera assisted Person A in his application for SSA disability insurance benefits.
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On May 21, 2014, Cabrera met with Person A in order to assist him/her to fill out the Adult Function Report, SSA Form 3373. During said meeting Cabrera coached Person A as to what to write in the form in order to get Person A’s disability benefits approved.
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On June 10, 2014, González charged Person A $600.00 for the Psychiatric Medical Report and $1,440.00 for backdating his/her medical file and creating 24 fictitious medical appointments.
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On or about October 22, 2015, the Psychiatric Medical Report signed by Oms-Rivera was submitted to the SSA indicating that Person A was totally disabled to return to work as of that date or in the near future. In the Psychiatric Medical Report Oms-Rivera falsely represented to the SSA that Person A’s first medical visit was on October 15, 2013. Oms-Rivera further reported a total of approximately eleven (11) fictitious appointments that never took place. This was done to create the appearance of a longer history of medical treatment.
The government is seeking the forfeiture of the medical license of Oms-Rivera since he used it to facilitate the commission of controlled substances offenses when he prescribed or dispensed controlled substances outside the scope of his medical practice. The defendants are facing a maximum penalty of 5 years in prison for the conspiracy to defraud the United States; up to 20 years in prison for wire fraud; up to 5 years in prison for providing false statements to the SSA; up to 20 years for dispensing controlled substances by a practitioner (diversion); 10 years for health care fraud; and a statutory term of two years in prison, consecutive to any other sentence, for the aggravated identity theft charges.
Beneficiary Julio Rodríguez Ríos was charged in a separate indictment with theft of government property and false statement or representation to SSA. That second indictment alleges that Rodríguez-Ríos provided false statements to the SSA, during a “Continuing Disability Review,” indicating that he had not worked since July 5, 2009, when in fact he had worked after said date. Rodríguez Ríos is facing a forfeiture allegation of $25,316.00 in United States currency.
“This is another Social Security Disability Benefits Fraud case where shameless individuals illegally facilitated and obtained the benefits provided by the Federal Government. This is not a victimless crime, but rather an unacceptable act that deprives those who truly need assistance from receiving it,” said United States Attorney Rosa Emilia Rodríguez-Vélez. “The Department of Justice is committed to investigate and prosecute those who engage in fraudulent schemes.”SSA-OIG Special Agent-in-Charge John Grasso said: “The Social Security Disability Insurance program is intended to support individuals truly in need of this important and earned benefit. The program relies on the truthfulness of disability applicants, as well as other professionals involved in the application process, to include physicians, attorneys, and non-attorney representatives. It is particularly disturbing when people in positions of trust engage in criminal activity that undermines Social Security’s programs and their own professional responsibility. I am very grateful for the efforts of all of our law enforcement partners involved in this investigation, and for the continued commitment from the United States Attorney’s Office for the Commonwealth of Puerto Rico to aggressively pursue these important cases. I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report.”
The case was investigated by the Social Security-OIG with the collaboration of the FBI, DEA, Health and Human Services, and the Puerto Rico Police Department. The case was indicted by Special Assistant United States Attorney Vanessa D. Bonano-Rodríguez.
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Hartford Crack Dealer Sentenced to 39 Months in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that TODD JOINER, also known as “Whitez,” 28, of Hartford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 39 months of imprisonment, followed by four years of supervised release, for distributing crack cocaine.
This matter stems from a joint investigation by the FBI’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Vice, Intelligence and Narcotics Unit into gang-related narcotics trafficking in Hartford’s North End. JOINER and others targeted during the investigation were affiliated with groups and gangs who have been involved in acts of violence. JOINER has been identified as a member of Nelton Court Posse, one of several geographically-based gangs operating in the North End of Hartford. During the investigation, undercover officers conducted multiple purchases of narcotics from various dealers, including JOINER.
On September 15, 2015, JOINER was arrested when he was found in possession of approximately seven grams of crack cocaine that he intended to sell to an undercover officer.
On May 9, 2016, JOINER pleaded guilty to one count of possession with intent to distribute, and distribution of, cocaine base (“crack cocaine”).
JOINER’s criminal history includes several drug-related felony convictions.
This matter was investigated by the Federal Bureau of Investigation, Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The case was prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Hagerstown Woman Sentenced to Almost 6 Years in Federal Prison for Heroin DistributionRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Erica Lee Buffolino, age 25, of Hagerstown, Maryland late on August 2, 2016, to 71 months in federal prison, followed by three years of supervised release, for conspiracy to distribute heroin and distribution of heroin.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Washington County Sheriff Douglas Mullendore; and Hagerstown Police Chief Victor V. Brito.
“This investigation and case represents the dangers of heroin use, possession, and distribution, not only in Metropolitan areas like Baltimore, but also in more rural areas like Hagerstown and Western Maryland” stated Assistant Special Agent in Charge Don A. Hibbert. “People need to be aware of the fact that heroin kills. If you distribute heroin to someone and that person dies as a result of using the heroin, you are complicit in their death, it is as simple as that. Given the fact that the heroin on the street today is much more potent than it was 10, or even 5 years ago, and that it can be “cut” with fentanyl or other unknown ingredients, heroin use is a death waiting to happen.”
According to Buffolino’s plea agreement, early on April 13, 2015 Buffolino met the victim, a 19-year old woman from Clear Spring, Maryland, at a residence in Hagerstown. Buffolino was a long-time heroin addict and the victim was a recovering heroin addict who had recently been released from jail. While at the residence, the victim asked Buffolino to give her heroin. Buffolino initially refused, but sometime after 1:30 a.m., she agreed to share her “morning stash” of heroin with the victim, who injected the heroin and became high.
Buffolino later called co-defendant Cory Kline to obtain more heroin. Cory Kline and another co-defendant arrived at the residence sometime after 3:00 a.m. and the victim purchased half a gram of heroin to repay Buffolino for the “morning stash” of heroin that she had shared earlier. According to Buffolino, the victim again asked for some of the heroin and Buffolino initially resisted. Eventually, Buffolino relented and provided some heroin to the victim. After injecting the heroin, the victim became very high and reported feeling ill and wanting to lie down. The victim fell asleep in Buffolino’s bed, but Buffolino woke her up when she noticed the victim was having difficulty breathing. Kline left the residence sometime before 6:00 a.m. Buffolino and the victim got into an argument and the victim left the residence in her car at about 6:15 a.m. The victim spoke to another individual on her cell phone from that time until approximately 7:06 a.m. on April 13. According to this individual, the victim stated she was very high and did not feel right, and the individual could hear the victim throwing up. The victim reported driving to a convenience store parking lot, and then to a nearby church. Toward the end of the call, the victim began nodding off and then stopped speaking. The victim’s body was discovered the following day in her car in a church parking lot in Hagerstown. The medical examiner reported that the cause of death was heroin intoxication. There were no drugs or drug paraphernalia found inside the vehicle, nor does the victim’s cell phone reflect any completed calls or outgoing messages after 7:06 a.m. on April 13.
Cory Allen Kline, age 32, of Hagerstown, Maryland, previously pleaded guilty to conspiracy to distribute heroin and was sentenced to eight years in prison.
United States Attorney Rod J. Rosenstein commended the DEA and Washington County Narcotics Task Force for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Christina Hoffman and Robert R. Harding, who prosecuted the case.
Grand Jury Indicts Two on Conspiracy, Carjacking and Firearms ChargesRead the Press Release
DALLAS — A federal grand jury returned a six-count superseding indictment yesterday charging two men, Joshua Puckett, 30, and Tyler Woodard, 22, with various violent offenses stemming from their armed carjacking spree in late 2015, announced U.S. Attorney John Parker of the Northern District of Texas.
Yesterday’s indictment supersedes the February 2016 indictment by adding a conspiracy count as well as additional carjacking and firearms offenses. The indictment charges Puckett and Woodard each with one count of conspiracy to commit carjacking. Puckett is also charged with two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence. Puckett is also charged with three, and Woodard with two counts of carjacking.
The indictment alleges that from approximately November 2, 2015, to December 9, 2015, Puckett and Woodard conspired together, and with others, to commit seven carjackings. They selected the motor vehicles to be carjacked, the time and location of each carjacking and the role each would play in the carjacking. They also chose the weapons to be used in the carjacking as well as what force and violence they would use.
On November 2, 2015, Puckett and Woodard, with the intent to cause death and serious bodily harm, took a 2003 Lexus IS300 from an individual, D.T., by force, violence and intimidation by approaching D.T. and Puckett pointing a gun at D.T.
On November 10, 2015, after S.W. took Puckett to an ATM, Puckett, with intent to cause death and serious bodily harm, took a 2013 BMW M3 from S.W., by force, violence and intimidation by pistol-whipping S.W. and choking him.
On December 5, 2015, Puckett and others, with the intent to cause death and serious bodily harm, took a 2011 BMW M3 from J.C.R., by force, violence and intimidation by pointing a pistol at J.C.R. and shooting him.
On December 7, 2015, Puckett, with the intent to cause death and serious bodily harm, attempted to take a 2014 Audi A4 from H.C., by force, violence and intimidation, by pointing a pistol at H.C. while he was seated in his vehicle and demanding the keys from him.
After H.C. told Puckett he didn’t have the keys, Puckett, on December 7, 2015, with the intent to cause death and serious bodily harm, took a 2013 Toyota Rav 4, from S.G., by force, violence and intimidation, by pointing a pistol at S.G. and striking her with it.
On December 7, 2015, Puckett, with the intent to cause death and serious bodily harm, attempted to take a 2011 BMW 335i from Z.M., by force, violence and intimidation, by pointing a pistol at Z.M. and shooting him.
On December 7, 2015, Puckett, after attempting to carjack Z.M., returned to the vehicle he was driving and followed Z.M. until Z.M. sped away to escape harm.
On December 9, 2015, officers with the Dallas Police Department saw Puckett driving the Toyota Rav 4 he had carjacked from S.G. in a motel parking lot. In an attempt to avoid apprehension, Puckett evaded the police first in the vehicle and then on foot. He eventually ran into the Toyota of Dallas dealership where, with intent to cause death and serious bodily harm, Puckett took a 2010 Toyota Highlander from M.A., by force, violence and intimidation, by pointing a pistol at M.A. as he attempted to stop Puckett from taking the vehicle. Puckett, driving the Toyota Highlander he had carjacked, evaded police for a while, and then evaded them on foot, before dropping the pistol just before police apprehended him.
An indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. A trial date of February 13, 2017, before U.S. District Judge Ed Kinkeade is currently set for the defendants. If convicted, the conspiracy count carries a maximum statutory penalty of five years in federal prison and a $250,000 fine. Each of the carjacking counts carries a maximum statutory penalty of 15 years in federal prison and a $250,000 fine. Puckett faces a statutory penalty of not less than 32 years in federal prison and a $250,000 fine if convicted on the firearm offenses.
The FBI and the Dallas, Houston, Plano and Frisco Police Departments are conducting the investigation. Assistant U.S. Attorney Rachael Jones is in charge of the prosecution.
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Fort Hall Woman Sentenced for Assault on an OfficerRead the Press Release
POCATELLO – Somber March, 30, of Fort Hall, Idaho, was sentenced yesterday to time served – approximately six months of combined federal and tribal time – for assault on an officer, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Judge Edward J. Lodge also ordered that March serve three years of supervised release. March pleaded guilty on May 24, 2016.
On or about September 19, 2014, Officer Riley Degnan of the Fort Hall Police Department was dispatched to the intersection of War Bonnet Road and Eagle Road on the Fort Hall Indian Reservation to contact a person identified as Somber March, who had a warrant for her arrest from Fort Hall Tribal Court. Officer Degnan contacted March on War Bonnet Road and found her to be incoherent. He believed her to be under the influence of a controlled substance and attempted to take her into custody on the Tribal Court warrant. As he began to handcuff her, she turned and hit him in the face, knocking Officer Degnan’s sunglasses off. She again tried to grab Officer Degnan and, with the assistance of another officer, was taken to the ground and handcuffed. March was later interviewed and admitted hitting the officer in the face. Under the specific federal law that March pleaded guilty to violating, Fort Hall police officers are considered “federal officers.”
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation.
Former Tampa-Area Hospital Employee Sentenced for Stealing Patient Information and Filing Fraudulent Tax ReturnsRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Shanakia Benton to three years in federal prison for wrongful disclosure of individual identifiable health information and wire fraud. As part of her sentence, the Court also entered a money judgment in the amount of $77,239, the proceeds of the wire fraud. Benton pleaded guilty on May 2, 2016.
According to court documents, Benton was an employee at Tampa General Hospital (TGH) and had access to the personal health information of thousands of patients. She regularly received training regarding the Health Insurance Portability and Accountability Act, which prevents the unauthorized disclosure of personal health information. Despite her training, between June 2011 and December 2012, Benton illegally accessed the personal information of more than 600 TGH patients. Benton and her accomplices then used that information to file at least 29 false tax returns seeking refunds totaling $226,000.
This case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and the Tampa Police Department. It was prosecuted by Trial Attorney Timothy Loper.
Former Southwest Airlines Baggage Handler Pleads Guilty to Violating Airport Security Requirements for the Purpose of Drug TraffickingRead the Press Release
OAKLAND – Former Southwest Airlines baggage handler Michael Herb Videau pleaded guilty in federal court today to entering an airport area in violation of security requirements and distribution of marijuana, announced United States Attorney Brian J. Stretch, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf.
In pleading guilty, Videau, 29, of Oakland, admitted that he conspired with other former Southwest Airlines baggage handlers to violate airport security requirements for the purpose of narcotics trafficking. Videau specifically admitted that on eight occasions in 2013 he used his access to the Oakland International Airport as a baggage handler for Southwest Airlines to smuggle luggage containing kilograms of marijuana around the Transportation Security Administration (TSA) checkpoint to outbound passengers who had already cleared the TSA security checkpoint. These passengers then flew to their destinations with unscreened luggage containing marijuana that was then sold in destination cities throughout the United States. Videau also admitted that, as a baggage handler for Southwest Airlines, he abused a position of public and private trust in a manner that significantly facilitated the commission and concealment of his crimes.
Videau was indicted along with 12 co-defendants by a federal grand jury on May 28, 2015. He was charged with one count of conspiracy to enter an airport area in violation of security requirements and to defraud the United States, in violation of 18 U.S.C. § 371; one count of conspiracy to distribute, and possess with intent to distribute, marijuana, in violation of 21 U.S.C. § 846; one count of distribution, and possession with intent to distribute, marijuana, in violation of 21 U.S.C. § 841(a)(1); and one count of entering an airport area in violation of security requirements, in violation of 49 U.S.C. §§ 46314(a), 46314(b)(2). Under his plea agreement, Videau pleaded guilty to one count of entering an airport area in violation of security requirements and one count of distributing marijuana.
Videau is currently free on pretrial release on a $150,000 bond.
Videau’s sentencing hearing is scheduled for 2:30 p.m. on November 9, 2016, before the Honorable Phyllis J. Hamilton, Chief U.S. District Judge, in Oakland. The maximum statutory penalty for a violation of 49 U.S.C. §§ 46314(a), 46314(b)(2) is ten years’ imprisonment and a fine of $250,000. The maximum statutory penalty for a violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(D) is five years’ imprisonment and a fine of $250,000. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Garth Hire is prosecuting the case with the assistance of Melissa Dorton. The prosecution is the result of an investigation by the Federal Bureau of Investigation, the Internal Revenue Service—Criminal Investigation, and the Alameda County Sheriff’s Office. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Former Roxse Homes Worker Sentenced for Taking BribesRead the Press Release
BOSTON – A former maintenance technician for Roxse Homes, a subsidized housing development in Boston, was sentenced today in U.S. District Court in Boston for his role in a scheme to rent apartments at the housing development to individuals who were not qualified, in exchange for cash bribes.
Ismael Morales, 36, of Jamaica Plain, was sentenced by U.S. District Court Chief Judge Patti B. Saris to two years in prison and two years of supervised release. In May 2016, Morales pleaded guilty to one count of conspiracy and seven counts of corrupt receipt of payments by a federally funded organization. His co-defendant, Mathis Lemons, 42, of Brockton, also pleaded guilty to the same charges and is scheduled to be sentenced on Sept. 20, 2016.
Lemons was the assistant property manager and Morales worked as a maintenance technician for Roxse Homes, a subsidized housing development on Tremont Street in Roxbury. At Roxse Homes, eligible low-income families and individuals can obtain rental housing for a subsidized rate with Section 8 housing benefits from the U.S. Department of Housing and Urban Development. In 2014, there was a shortage of federally subsidized Section 8 housing in Massachusetts, and Roxse Homes maintained a long waitlist of applicants desiring apartments in the complex. The Roxse Homes waitlist had been closed to external applicants since 2009.
From September 2014 to February 2015, Lemons and Morales conspired to rent apartments to individuals who were not eligible for subsidized Roxse Homes apartments because they were not on the waitlist. Morales solicited and accepted money from individuals, and provided those individuals with blank rental applications. Morales also instructed some of the individuals not to date their applications, or to date their applications in 2006 or 2009, when in fact the applications were actually completed in 2014. Lemons then added the unqualified individuals to the Roxse Homes computerized waitlist, and falsely inputted their application dates as 2006 or 2009.
United States Attorney Carmen M. Ortiz; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, New York Regional Office; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Glenn A. Cunha, Inspector General of Massachusetts; and Boston Police Commissioner William B. Evans, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Kristina E. Barclay and Eugenia M. Carris of Ortiz’s Public Corruption Unit.
Former Richmond Resident Sentenced to a Year and a Day for Bank FraudRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Howard Hoffman, 53, formerly of Richmond, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to one year and one day in prison to be followed by five years of supervised release for bank fraud. Hoffman pleaded guilty on April 15, 2016.
According to court records, in March 2007, Hoffman’s childhood friend died while in Costa Rica. Over a year later, Hoffman used his deceased friend’s personal identifying information to gain access to the friend’s bank account and change the address on the account to his residence in Richmond. Over the next few weeks, Hoffman caused two checks, totaling approximately $80,000, to be issued from his friend’s account. Hoffman deposited the checks into a bank account of a company he controlled. Hoffman did not have authority to access the account or cause the bank to issue the two checks.
The investigation was conducted by the U.S. Secret Service.
Federal and State Authorities Arrest Eight in El Paso Area RoundupRead the Press Release
Today, federal, state and local authorities arrested seven individuals in the El Paso area based on federal drug trafficking and weapons charges. An eighth defendant was arrested back in June 2016. That announcement was made today by United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation (FBI) Special Agent in Charge Douglas E. Lindquist, and Socorro Police Chief Carlos Maldonado.
Those arrested today include:
Manuel Almanzar
Age: 44
Residence: San Elizario, TXOralia Almanzar
Age: 43
Residence: San ElizarioAdrian Garcia (aka “Nanis”)
Age: 45
Residence: SocorroJesus Manuel Garcia (aka “Chumel”)
Age: 42
Residence: Clint, TXBaudelio Marmolejo (aka “Barbie”)
Age: 39
Residence: SocorroOfelia Marmolejo
Age: 68
Residence: SocorroNoel Salcido (aka “Tata”)
Age: 25
Residence: San ElizarioA three-count federal grand jury indictment, returned on July 20, 2016, and unsealed this afternoon in El Paso, charges the above-named defendants, as well as an eighth defendant--35-year-old Luis Armando Baylon of Socorro--with one count of conspiracy to distribute cocaine. The indictment also charges Baylon with one count of possession of firearms in furtherance of a drug trafficking crime; and, Ofelia Marmolejo with one count of maintaining a residence for the manufacturing, storing, distribution and using cocaine.
During this investigation, Baylon turned himself in to authorities on June 28, 2016, based on a federal criminal complaint alleging distribution of a controlled substance. That criminal complaint has now been replaced by the federal grand jury indictment.
The indictment alleges that from August 2014 to June 2016, the defendants conspired to distribute more than 500 grams of cocaine. The indictment also alleges that on June 22, 2016, Baylon was in possession of a dozen firearms in furtherance of the cocaine distribution conspiracy. The indictment also seeks the criminal forfeiture of Ofelia Marmolejo’s residence in the 11000 block of Philip Dr. in Socorro, TX, allegedly used to promote the drug distribution operation.
In June, federal, state and local authorities executed multiple search warrants as part of this investigation where they recovered a total of one kilogram of cocaine, 26 firearms and approximately $63,000 in U.S. Currency.
“Today’s arrests demonstrate the FBI’s commitment to work with the Socorro Police Department and our other great federal, state and local partners, to make El Paso and the surrounding areas, like Socorro, safer for our citizens,” stated FBI Special Agent in Charge Douglas E. Lindquist.
Upon conviction of the drug conspiracy charge, the defendants face between five and 40 years in federal prison. Baylon faces between five years and life in federal prison upon conviction of the firearms charge. Ofelia Marmolejo faces up to 20 years in federal prison on the maintaining a residence charge.
All of the defendants, with the exception of Baylon, remain in federal custody at this time. Jesus Manuel Garcia had his initial appearance in federal court this afternoon. The remaining seven defendants are scheduled to have their initial appearances tomorrow afternoon at 2:30 in front of U.S. Magistrate Judge Miguel A. Torres in El Paso. Detention hearings are expected to occur next week. Baylon is currently out on a $20,000 bond.
This investigation was conducted by the FBI and the Socorro Police Department with assistance from the Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), U.S. Customs and Border Protection, El Paso County Sheriff’s Office, El Paso Police Department, and the Texas Alcoholic Beverage Commission.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Federal Indictment Charges Montgomery County Man with Second Count of Distribution of Acetyl Fentanyl Resulting in DeathRead the Press Release
Greenbelt, Maryland – A federal grand jury returned a superseding indictment today charging Justin Larson, age 30, of Gaithersburg, Maryland, with one count of distribution of acetyl fentanyl, which resulted in death; five counts of possession or attempted possession of a controlled substance and controlled substance analogue with intent to distribute; and one count of possession and distribution of a controlled substance. The superseding indictment also includes the charges from the original indictment of distribution of acetyl fentanyl, which resulted in death, and conspiracy to distribute narcotics.
The superseding indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
According to the nine count superseding indictment, from May 2014 through March 17, 2016, Larson participated in a conspiracy to distribute acetyl fentanyl, and furanyl fentanyl, a controlled substance analogue. The superseding indictment alleges that on May 9, 2014, and October 14, 2015, Larson distributed acetyl fentanyl to individuals, resulting in the death of those individuals.
Larson faces a mandatory minimum sentence of 20 years and up to life in prison for each of the two counts of distribution of acetyl fentanyl with death resulting; and a maximum of 20 years in prison for each of the six possession and distribution counts, and for the narcotics conspiracy. An initial appearance has been scheduled for August 9, 2016, at 3:30 p.m. in U.S. District Court in Greenbelt, Maryland. Larson remains detained.
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 praised HSI Baltimore, the Montgomery County Police Department, and Montgomery County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorneys Kelly O’Connell Hayes and Erin Pulice, who are prosecuting the case.
Federal Court Permanently Bars Maryland Tax Preparer from Preparing Federal Tax ReturnsRead the Press Release
The U.S. District Court for the District of Maryland has permanently barred Lateisha Kone aka Vanessa Dickens of Baltimore, Maryland, from preparing federal tax returns for others, the Justice Department announced today.
The civil injunction order prohibits Kone from acting as a federal tax return preparer and from owning, operating, or profiting from a tax-return preparation business. Kone agreed to the entry of the injunction but did not admit the allegations in the civil complaint against her.
According to the complaint, Kone owned and operated six Liberty Tax Service franchise stores in Baltimore. Kone and her employees allegedly prepared federal income tax returns that, among other things, contained bogus Schedules C (Profit or Loss from Business) and intentionally omitted Form W-2 (Wage and Tax Statement) income and Social Security Income. These fraudulent returns improperly generated federal income tax refunds and tax credits, such as the Earned Income Tax Credit, for Kone’s clients, according to the complaint.
The government alleges that Kone and her employees filed 1,222 returns that reported fictitious household help income (HSH Income). Many of the returns allegedly reported substantially the same amount of HSH income, which generated fraudulent Earned Income Tax Credits and federal tax refunds. Kone then kept each refund as a preparation fee while the customers only received a $50 cash payment as part of the Liberty Tax “Cash-In-A-Flash” promotion, according to the complaint.
Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2016. The IRS has some tips on its website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Fairfax Man Arrested for Attempting to Support ISILRead the Press Release
ALEXANDRIA, Va. – Nicholas Young, 36, of Fairfax, who is employed as a police officer with the Metro Transit Police Department, was arrested today on charges of attempting to provide material support to a designated foreign terrorist organization. Young will have his initial appearance here at 2 p.m. today in front of U.S. Magistrate Judge Theresa C. Buchanan.
According to the affidavit filed in support of the criminal complaint, Young has been employed as a police officer with the Metro Transit Police Department since 2003. Law enforcement first interviewed Young in September 2010 in connection with his acquaintance, Zachary Chesser, who one month later pleaded guilty to providing material support to terrorists. Over the next several years Young had numerous interactions with undercover law enforcement officers and a cooperating witness regarding Young’s knowledge or interest of terrorist related activity, many of which were recorded. Law enforcement also interviewed Young’s family and co-workers. Several meetings Young had with an undercover law enforcement officer in 2011 included another of Young’s acquaintances, Amine El Khalifi, who later pleaded guilty to charges relating to attempting a suicide bombing at the U.S. Capitol Building in 2012.
According to the affidavit filed in support of the criminal complaint, Young told FBI agents that he traveled to Libya twice in 2011 and he had been with rebels attempting to overthrow the Muammar Qaddafi regime. Baggage searches revealed that Young traveled with body armor, a kevlar helmet, and several other military-style items.
According to the affidavit filed in support of the criminal complaint, in 2014, Young met on about 20 separate occasions with an FBI confidential human source (CHS) posing as a U.S. military reservist of Middle Eastern descent who was becoming more religious and eager to leave the U.S. military as a result of having had to fight against Muslims during his deployment to Iraq. During these conversations Young advised CHS on how to evade law enforcement detection by utilizing specific travel methods and advised CHS to watch out for informants and not discuss his plans with others.
According to the affidavit filed in support of the criminal complaint, in Fall 2014, CHS led Young to believe that he had successfully left the United States and had joined ISIL. In reality, CHS had no further contact with Young. All further communications between Young and CHS’s email account were actually communications between Young and FBI undercover personnel posing as CHS. In June 2015, Young emailed CHS asking for advice from CHS’s commanders on how to send his money overseas. Young said, “[u]nfortunately I have enough flags on my name that I can’t even buy a plane ticket without little alerts ending up in someone’s hands, so I imagine banking transactions are automatically monitored and will flag depending on what is going on.”
According to the affidavit filed in support of the criminal complaint, in December 2015, the FBI interviewed Young, ostensibly in connection with an investigation into the whereabouts of CHS. Young said that CHS had left the United States to go on a vacation tour in Turkey approximately one year ago. Young said that he knew of no one in the United States or overseas who helped CHS cross the Turkish border into Syria.
According to the affidavit filed in support of the criminal complaint, on July 18, 2016, Young communicated with whom he believed to be CHS regarding purchasing of gift cards for mobile messaging accounts ISIL uses in recruiting. On July 28, 2016, Young sent 22 sixteen digit gift card codes to the FBI undercover with a message that stated: “Respond to verify receipt . . . may not answer depending on when as this device will be destroyed after all are sent to prevent the data being possibly seen on this end in the case of something unfortunate.” The codes were ultimately redeemed by the FBI for $245.
Young faces a maximum penalty of 20 years in prison if convicted. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office. The case is being prosecuted by Assistant U.S. Attorneys Gordon D. Kromberg and John T. Gibbs, and Trial Attorney David Cora of the National Security Division.
The Metro Transit Police Department initiated this investigation and continues to work collaboratively with the FBI Washington Field Office Joint Terrorism Task Force on the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-MJ-355.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Downtown Newark Heroin and Oxycodone Dealer Pleads Guilty to Drug Distribution ConspiracyRead the Press Release
NEWARK, N.J. – A Newark man today admitted distributing large quantities of heroin in and around downtown Newark, U.S. Attorney Paul J. Fishman announced today.
Jarez Baron a/k/a “Little Bro,” 28, of Newark, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to a superseding information charging him with conspiracy to distribute 100 grams or more of heroin.
According to documents filed in this case and statements made in court:
Between February 2013 and August 7, 2013, Baron conspired with others to distribute large quantities of heroin and oxycodone out of a downtown Newark clothing store called Ballas Boutique. Over the course of the conspiracy, Baron and others sold drugs out of Ballas Boutique to a confidential source more than 35 times. The majority of the sales were audio and video recorded.
Additionally, law enforcement intercepted conversations of Baron and his conspirators pursuant to court orders. The intercepted conversations revealed that Baron and other employees sold drugs for Lamont Vaughn at Ballas Boutique.
On Aug. 7, 2013, law enforcement officers executed arrest and search warrants at Ballas Boutique and at Vaughn and Baron’s home in Newark. Among the items recovered were dozens of oxycodone pills, two firearms, and a large amount of cash.
The conspiracy charge carries a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for Nov. 21, 2016.
Vaughn previously pleaded guilty on June 22, 2016, to conspiracy to distribute 100 grams or more of heroin and oxycodone and to being a felon in possession of two firearms.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, as well as the N.J. State Police Street Gangs North Unit with the investigation leading to today’s plea.
The government is represented by Special Litigation Counsel Margaret Ann Mahoney and Assistant U.S. Attorney Francisco J. Navarro of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Frank Arleo, Esq.
Dover Man Second to Plead Guilty in Scheme to Illegally Buy and Smuggle Guns for Indonesian Secret Service MembersRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Feky R. Sumual pleaded guilty in federal court to participating in a scheme to illegally buy guns and then smuggle them out of the country for the benefit of members of the protective security detail of the President and the Vice President of the Republic of Indonesia -- also known as the Indonesian Presidential Guard. Sumual pleaded guilty to one count of conspiracy to make false statements in connection with the acquisition of firearms, to make false statements in records required to be kept by federal firearms dealers and to smuggle firearms from the U.S. Sumual is 51 years old and lived in Dover, N.H., before his arrest in this case.
According to statements made during his plea hearing, Sumual joined a conspiracy to buy guns for members of the Indonesian Presidential Guard with the understanding that the Presidential Guard members then would smuggle the guns out of the U.S. Specifically, Sumual admitted that his nephew, Audi N. Sumilat – on active duty with the U.S. Army in El Paso, Texas – and three members of the Presidential Guard came up with the plan in October 2014, when they were stationed together in Fort Benning, Georgia. Sumual further admitted that in September and October 2015, as part of the plan, he purchased guns from federal firearms dealers in N.H. and Sumilat purchased guns from federal firearms dealers in Texas all for members of the Indonesian Presidential Guard, who could not lawfully have bought the guns in the U.S. themselves. The guns – approximately twenty-two of them – were almost all 9 millimeter hand guns. Sumual admitted that, to facilitate the purchases, he and Sumilat certified to the gun dealers from which they bought the guns that they were the actual buyers of the guns even though the actual buyers were the Presidential Guard members.
Sumual further admitted that he delivered the guns to members and representativesof the Presidential Guard in connection with official state visits by the President and Vice-President of Indonesia with the U.N. General Assembly in New York, N.Y., at the end of September 2015, and with the White House at the end of October 2015. The guns Sumual admitted delivering consisted of those that he had bought in New Hampshire and others that Sumilat had acquired in, and shipped to Sumual from Texas. Sumual stated that several individuals working for the Indonesian government or, in some instances, driving vehicles with Indonesian diplomatic license plates, facilitated the deliveries. Sumual acknowledged that he understood that, after he delivered the guns, the members of the Presidential Guard intended to smuggle the illegally purchased guns from the U.S. Lawfully exporting the guns – which were included as defense articles on the U.S. Munitions List – required both an exporter’s license and a license covering the specific guns exported. No such licenses had been issued.
United States District Judge Landya McCafferty accepted Sumual’s guilty plea and scheduled his sentencing for November 17, 2016. Sumual faces a maximum sentence of five years in prison and a fine of $250,000. Sumilat also has pleaded guilty and is expected to be sentenced on October 11, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms in both Manchester, N.H. and El Paso, Texas, as well as Immigration and Customs Enforcement, Homeland Security Investigations, in Manchester, N.H. and Jakarta, Indonesia. The Bureau of Diplomatic Security of the U.S. Department of State, the U.S. Embassy to Indonesia, the Dover (N.H.) Police Department and the Indonesian National Police all provided important support. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Dorchester Man Charged in $4 Million Bank Fraud ConspiracyRead the Press Release
BOSTON – A Dorchester man was indicted today in U.S. District Court in Boston in connection with a large-scale scheme to withdrawal money from bank accounts.
Charles Washington, 43, was indicted today on one count of bank fraud and four counts of bank fraud conspiracy. In June 2016, Washington was charged in a criminal complaint and is being held without bail.
According to the indictment, Washington obtained bank account information, personally identifiable information (PII), and sample signatures for bank customers with high balances. He recruited “runners” of the same gender and approximate age as the accountholders to impersonate them inside bank branches and to make unauthorized withdrawals. Washington allegedly obtained and gave the runners fake driver’s licenses that bore the runners’ photographs and the victim accountholders’ PII, and instructed the runners on how to forge the victims’ signatures. To avoid detection of the scheme, runners allegedly withdrew money from victims’ accounts at several different bank branches.
Washington and others also allegedly recruited runners to open bank accounts, known as drop accounts, in the name of non-existent businesses that the runners purported to control. The businesses were registered and named as if they were title companies, property management companies, contracting businesses, and other businesses for which incoming large-dollar wire transfers would not be unusual. Washington allegedly provided the drop account information to co-conspirators, who caused unauthorized wire transfers of hundreds of thousands of dollars into the drop accounts. Once the drop accounts were funded with unauthorized wire transfers, Washington and co-conspirators accompanied runners to bank branches to withdraw the money in cash, by check, or by wire transfers to other drop accounts before the victims of the unauthorized wire transfers realized that their accounts had been compromised.
Washington and co-conspirators paid runners, recruiters, and the sources for bank account information and PII a percentage of the proceeds that runners successfully withdrew.
According to court documents, Washington and co-conspirators gained access to approximately $4 million, either in bank accounts that they took over or in proceeds unlawfully wired into drop accounts for withdrawal, and successfully withdrew approximately $2 million.
The charge of bank fraud and bank fraud conspiracy provides for a sentence of no greater than 30 years in prison, five years of supervised release, a fine of $1 million and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Boston Police Commissioner William Evans, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Seth B. Kosto of Ortiz’s Cybercrime Unit.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Deputy Attorney General Sally Q. Yates Statement on the President's Recent Clemency DecisionRead the Press Release
Deputy Attorney General Sally Q. Yates released the following statement following President Obama’s commutation of 214 sentences today:
"Today's historic announcement is yet another step in the administration's efforts to restore proportionality to unnecessarily long drug sentences. In just the first eight months of 2016, the President has more than doubled the number of commutations granted in all of 2015. But we are not done yet, and we expect that many more men and women will be given a second chance through the Clemency Initiative."
Connecticut Man Sentenced to 89 Months in Federal Prison for Heroin DealingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on August 2, 2016, Nathan Minervini, 37, of East Haven, Connecticut, was sentenced to 89 months in federal prison after his guilty plea to charges that he conspired to distribute heroin. Chief U.S. District Court Judge Christina Reiss also ordered that Minervini serve five years of supervised release after his prison term.
According to court records, between late 2014 and his arrest in Connecticut on May 7, 2015, Minervini transported significant quantities of heroin from Connecticut to Vermont for re-distribution. In 2009, Minervini pled guilty in the U.S. District Court for the District of Connecticut to charges that he conspired to distribute cocaine. For that offense, Minervini was sentenced to 40 months in federal prison followed by five years of supervised release. Minervini was serving that term of supervised release in Connecticut while he was trafficking heroin to Vermont 2014 and 2015.
While engaged in the Vermont heroin distribution conspiracy, Minervini used a co-conspirator to purchase three handguns at a Vermont gun store. Minervini traded heroin and cash for these firearms and brought them to Connecticut.
After a lengthy investigation by the Burlington Police Department (BPD) narcotics unit and the Drug Enforcement Administration, on May 6, 2016, law enforcement obtained a federal criminal complaint charging that Minervini distributed heroin. When federal agents attempted to arrest Minervini in a residential neighborhood in West Haven, Connecticut on May 7, 2015, he attempted to escape. Minervini repeatedly crashed his car into law enforcement vehicles and fled down a residential street, striking several vehicles in the process. Ultimately, Minervini hit a school bus carrying kindergarten children and his vehicle was disabled. None of the children were injured although a number were brought to the hospital as a precautionary measure. Following the crash, Minervini ran from his car and led agents on a foot chase through the neighborhood. While doing so, Minervini dropped a semi-automatic handgun that had been previously purchased for him in Vermont. The handgun was loaded and had a round in its chamber. Agents were finally able to stop Minervini as he attempted to scale a chain link fence. From Minervini’s person, agents recovered heroin and approximately $4,415 in cash.
Minervini was the last of five defendants to be sentenced in this conspiracy prosecution. On March 21, 2016 Judge Reiss sentenced Stephen Boles, 23, of Williston, Vermont to time served followed by three years of supervised release. According to court records, Boles was a Vermont dealer who sold Minervini’s heroin to Vermont customers and supplied Minervini with handguns.
On April 1, 2016, Judge Reiss sentenced Corey Rispoli, 23, of West Haven, Connecticut to 24 months in federal prison followed by four years of supervised release. According to court records, Rispoli trafficked heroin and cash on Minervini’s behalf during the conspiracy.
On April 11, 2016, Judge Reiss sentenced Brandon Morel, 25, of Colchester, Vermont to time served followed by two years of supervised release. According to court records, Morel was a Vermont dealer who sold Minervini’s heroin to Vermont customers.
On April 14, 2016, Judge Reiss sentenced Samuel Wormer, 27, of Essex, Vermont, to 12 months and one day in federal prison followed by three years of supervised release. According to court records, Wormer was a Vermont dealer who sold Minervini’s heroin to Vermont customers and supplied Minervini with handguns. Wormer had purchased the handgun Minervini was carrying when he was arrested in Connecticut.
For the heroin conspiracy, Minervini faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Minervini serve between 84 and 105 months. The Guidelines also recommended that Minervini serve between 15 and 21 months for violating his conditions of supervised release in Connecticut and that this sentence run consecutively to the prison term imposed for the heroin conspiracy. The United States asked Judge Reiss to impose an overall sentence of 105 months for both the heroin conspiracy and the violation of supervised release. Minervini requested a 65-month sentence.
In determining that an 89-month overall sentence was appropriate, Judge Reiss considered the gravity of Minervini’s offense, the harm heroin has caused to the Vermont community, Minervini’s serious criminal record, and the fact that Minervini armed himself with Vermont handguns while selling heroin.
United States Attorney Eric Miller commended the efforts of DEA, the BPD narcotics unit, and the U.S. Marshals. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.
According to United States Attorney Miller, this prosecution is an excellent example of teamwork between DEA and the Burlington Police Department who worked together to identify and then dismantle a significant pipeline of heroin into the Chittenden County community. Miller stated that “such coordination between federal and local law enforcement is essential to reducing the flow of heroin into Vermont.” United States Attorney Miller also highlighted that this prosecution demonstrates the United States Attorney’s Office’s commitment to holding out-of-state heroin traffickers and their Vermont co-conspirators accountable for their crimes.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Minervini is represented by Burlington defense attorney Karen Shingler. Samuel Wormer is represented by Maryanne Kampmann from the Burlington law firm Stetler, Allen & Kampmann. Stephen Boles is represented by Mark Kaplan from the Burlington law firm Kaplan and Kaplan. Brandon Morel is represented by David Watts from the Burlington law firm Blodgett, Watts, Volk & Sussman. Corey Rispoli is represented by Christopher Davis from the Vermont law firm Langrock Sperry & Wool.
Collinsville Man Sentenced on Drug, Gun ChargesRead the Press Release
DANVILLE, VIRGINIA – A Collinsville man, who previously pled guilty to federal drug and gun charges, was sentenced yesterday in the United States District Court for the Western District of Virginia in Danville, United States Attorney John P. Fishwick announced.
Gordon Lawrence Penn, 62, of Collinsville, Va., previously pled guilty to one count of possession with the intent to distribute cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime. Yesterday in District Court, Penn was sentenced to 61 months in federal prison.
“We remain committed to ridding our communities of illegal drugs and guns,” United States Attorney Fishwick said today. “This sentence reflects how seriously we take these crimes and should serve as an example to others partaking in similar criminal activity.”
The investigation of the case was conducted by the Martinsville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Clinton County Man to Serve 45 Years in Prison for Child Pornography OffensesRead the Press Release
Miguel Angel Vasquez Torres, 34, from Beckemeyer, Illinois, was sentenced on August 2, 2016, in the U.S. District Court to 45 years in prison for Production of Child Pornography, Distribution of Child Pornography and Receipt of Child Pornography, United States Attorney Donald S. Boyce announced today. Vasquez Torres was also ordered to pay a $300 special assessment. When he is released from prison he will be on federal supervised release for an additional 10 years.
Documents filed in the U.S. District Court establish that in May 2015, the Federal Bureau of Investigation received information from the National Center for Missing and Exploited Children (NCMEC) CyberTipline regarding an individual who was uploading child pornography to a Photobucket.com cloud storage account. A search of the Photobucket account revealed that the account belonged to Miguel Angel Vasquez Torres and that it contained numerous video and image files containing child pornography. During a subsequent search of Vasquez Torres’ residence, law enforcement officers seized two cellular telephones and numerous other items of computer media.
Vasquez Torres was interviewed by law enforcement officers and admitted to downloading and distributing video files containing child pornography. He also admitted that he had repeatedly sexually abused a minor over the course of several years and that he had photographed his acts of sexual abuse of the minor victim. A forensic examination of Vasquez Torres’ iPhone 5 revealed approximately 22 video files containing child pornography that he had distributed and received using an internet-based messaging system. The forensic examination of his Samsung Galaxy revealed approximately 440 images which depict Vasquez Torres’ sexual abuse of the minor victim.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 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."
This investigation was conducted by the Madison County Sheriff’s Department, the Federal Bureau of Investigation’s Metro East Cyber Crimes and Analysis Task Force, and the Clinton County Sheriff’s Department. The case was prosecuted by Assistant United States Attorney Ali Summers.
Cheyenne, Wyoming Resident Richard Patrick Person Sentenced for Possession of Largest Collection of Child Pornography in the United StatesRead the Press Release
Cheyenne – U.S. Attorney Christopher A. Crofts announced today that sixty-three year old Cheyenne, Wyoming resident Richard Patrick Person was sentenced by Chief United States District Court Judge Nancy D. Freudenthal on August 2, 2016, to 235 months of imprisonment, to be followed by ten years of supervised release and was ordered to pay $5,000 in restitution for possession of child pornography.
The Wyoming Internet Crimes Against Children Task Force (ICAC), using state of the art investigative techniques discovered that Person was using a sophisticated file sharing program to seek out and possess child pornography. They executed a search warrant at his residence located in South Cheyenne and seized several computers and numerous electronic storage devices. The computing devices seized from Person had approximately 47 TERABYTES of storage capacity. To put that in perspective, 1 terabyte holds approximately 1000 hours of standard definition video – or approximately 310,000 photos.
Wyoming Division of Criminal Investigation Special Agent Mark Timmons, the lead investigator on the case, has expended over 400 hours analyzing the child pornography possessed by Person.
Agent Timmons has submitted to the National Center for Missing & Exploited Children (NCMEC) approximately 10 million files he believes depict children engaged in sexually explicit conduct. He has an additional 7 million files that he is getting ready to ship off for analysis. The pornographic files possessed by Person include both movies and still images.
According to NCMEC and the National ICAC association this is the largest cache of child pornography ever seized in the United States.
Person has a prior conviction for sexual assault on a child.
Centreville Man Sentenced for Selling Heroin and Crack CocaineRead the Press Release
Wilbert M. Sewell, 37, of Centreville, Illinois, was sentenced to 37 months in federal prison on August 2, 2016, in U.S. District Court in East St. Louis, Illinois, Donald S. Boyce, United States Attorney for the Southern District of Illinois announced today. Sewell pled guilty on April 5, 2016, to four federal felony charges, including distribution of heroin, and possession with intent to distribute heroin and crack cocaine.
At his change of plea hearing in April, Sewell admitted selling heroin, crack cocaine and cocaine to a police informant in East St. Louis on four separate occasions between August and October, 2015.
The investigation which resulted in Sewell’s arrest and conviction was conducted by the Drug Enforcement Administration (DEA) and by the Metropolitan Enforcement Group of Southwestern Illinois (MEGSI).
The case was prosecuted by Assistant United States Attorney Robert L. Garrison.
Boston Man Sentenced for Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Boston man was sentenced today in U.S. District Court in Boston in connection with being a convicted felon in possession of a firearm and ammunition.
Ralph Alexandre, 45, was sentenced by U.S. District Court Judge Richard G. Stearns to 40 months in prison and three years of supervised release. In April 2016, Alexandre pleaded guilty to being a felon in possession of a firearm and ammunition.
In October 2014, a cooperating witness provided information to federal agents that Alexandre was attempting to sell firearms. On October 21, 2014, federal agents arranged for the witness to meet with Alexandre at a location in Dorchester. At the meeting, Alexandre sold the witness a .44 caliber Smith and Wesson revolver. The revolver was loaded with one round of .44 caliber ammunition.
United States Attorney Carmen M. Ortiz; Lawrence J. Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Evans, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz’s Major Crimes Unit.
Bedford man and California man indicted for distributing three kilograms of fentanylRead the Press Release
A Bedford man was indicted for possessing more than six pounds of fentanyl, as well as illegally having firearms, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Norman L. Hunter, 43, is accused of distributing more than three kilograms of fetanyl as well as illegally possessing five firearms, despite a previous felony conviction.
Matthew A. Martin, 31, of San Diego, is also named in the three-count superseding indictment, accused of distributing more than three kilograms of fentanyl.
"Fentanyl is killing hundreds of people in our community," Rendon said. "It's vital that we target people who sell this drug while also working to reduce demand and getting help for those who need it."
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 offenses, and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and in most cases they will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Drug Enforcement Administration.
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.
Baltimore Man Sentenced to 5 Years in Federal Prison for Setting Fire to Store During the Baltimore RiotsRead the Press Release
Baltimore, Maryland – U.S. District Judge Marvin J. Garbis sentenced Darius Raymond Stewart, age 22, of Baltimore, Maryland today to five years in federal prison, followed by three years of supervised release, for malicious destruction of property by fire, arising from the arson of a liquor store on April 27, 2015, during the riots following the death of Freddie Gray. One victim was seriously injured inside the store, and another escaped with minor injuries. Judge Garbis also ordered that Stewart pay restitution of $378,526.56, the approximate cost to repair and restore the building.
“Surveillance cameras recorded Darius Stewart setting fire to a store with people inside, while other rioters viciously attacked the store owner,” said U.S. Attorney Rod J. Rosenstein. “When the evidence proves that criminals destroyed property and jeopardized lives, they must be held accountable.”
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) - Baltimore Field Division; Maryland State Fire Marshal Brian Geraci; and Commissioner Kevin Davis of the Baltimore Police Department.
According to his plea agreement, on April 27, 2015, during civil unrest in the wake of the funeral for Freddie Gray, there was widespread looting, and multiple structure and vehicle fires were set in Baltimore. The two owners of a liquor store located on West North Avenue were inside their store when the first wave of approximately 20 to 30 people entered the business and began banging on the bulletproof plexiglass window with pipes and crow bars. The group was chased off by a community member.
Shortly thereafter, a second wave of approximately 150 people entered the business and began ransacking and looting the store. One of the business owners was assaulted, including by Trevon Green, resulting in a facial injury, and was eventually rescued by police. Baltimore CitiWatch surveillance footage captured individuals robbing and repeatedly assaulting the owner as he was outside his store while it was being looted.
The second owner fled upstairs and was able to hide on an enclosed balcony as the looters broke down the door and looted the second floor.
At approximately 8:30 p.m. that night, Stewart set three fires inside the store. Surveillance footage clearly captured Stewart starting the fires and then going out to the street to get paper and cardboard to feed the fires he had set.
Smoke from the fires spread upstairs where the second owner was hiding. He was able to escape the burning building by using the gutter in an effort to slow his fall as he jumped to the ground. He suffered head trauma and injured his ankle. He was able to escape in his vehicle.
Baltimore City Fire Department responded to the scene. While extinguishing the fire, fire department personnel discovered an unconscious victim in the basement of the building. The victim suffered smoke inhalation and carbon monoxide poisoning, and was hospitalized for five days.
The investigation into arsons that occurred on April 27, 2015, is continuing. Anyone with information is urged to call the ATF hotline, 1-888-ATF-FIRE (1-888-283-3473). ATF continues to offer a reward of up to $10,000 for information leading to the arrest and conviction of any individual responsible for these incidents.
Federal prosecutors previously have charged four other defendants for arson crimes committed during the Baltimore riots on April 27, 2015. Trevon Green, age 23, of Baltimore, pleaded guilty to the arson of a Baltimore food market and admitted that he participated in the looting of the liquor store set on fire by Stewart, and assaulted the store’s owner. Green is scheduled to be sentenced on August 24, 2016, at 3:00 p.m. Gregory Lee Butler, Jr., a/k/a Greg Baly, age 22, of Baltimore, pleaded guilty to the federal indictment charging him with obstruction of firefighters during a civil disorder, and is scheduled to be sentenced on September 20, 2016. Donta Betts, age 20, of Baltimore, was sentenced to 15 years in prison for making a destructive device in connection with the April 27, 2015, riots in Baltimore and, in an unrelated case, for discharge of a firearm in furtherance of a drug trafficking crime on July 2, 2015. Raymon Carter, age 25, of Baltimore, Maryland, pleaded guilty to the federal crime of rioting, including the arson of the CVS Pharmacy on April 27, 2015, and was sentenced to four years in prison and ordered to pay restitution of $500,000.
United States Attorney Rod J. Rosenstein commended ATF, Maryland State Fire Marshal’s Office, and the Baltimore City Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted the case.
Bailey Boys Gang Member Pleads Guilty to 2012 Murder in Martin Luther King Park; Wounding of Four OthersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Tariq Brown, 23, of Buffalo, NY, pleaded guilty to RICO Conspiracy in connection with the May 12, 2012 shooting at Martin Luther King Park that left Marquay Lee dead and four other individuals wounded before Senior U.S. District Judge William M. Skretny. Two of the injured persons suffered permanent injuries, one victim is now a paraplegic and another was blinded in one eye. The charges carry a maximum penalty of life in prison and a $250,000 fine.
“Given that this horrific crime occurred in a park named for a man whose life was dedicated to non-violence, it is certainly significant to today remove from our streets one who so callously injured residents trying to enjoy the company of family and friends,” said U.S. Attorney Hochul."
According to Assistant U.S. Attorney Meghan A. Tokash, who is handling the prosecution of this case, Brown is alleged to be a member of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. The defendant Brown already stands accused of three other attempted murders which injured two people.
As a result of the ongoing investigation into the Bailey Boys Gang, members now stand accused of four murders, 14 attempted murders, including four drive-by shootings. The attempted murders include a shooting that occurred during a neighborhood party with numerous children present and a shooting that occurred during a robbery. A total of 11 were arrested and to date, seven defendants have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an ongoing investigation on the part of the United States Attorney’s Office in close cooperation with the Erie County District Attorney’s Office, under the direction of Acting District Attorney Michael Flaherty, the Buffalo Police Department, under direction of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation’s Safe Streets Task Force, under the Direction of Special Agent in Charge Adam S. Cohen, the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division. The Safe Streets Task Force includes the Amherst Police Department, the Buffalo Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Erie County Sheriff’s Department, the Hamburg Police Department, the Niagara Frontier Transportation Authority Police, the New York State Police, Town of Tonawanda Police Department, the U.S. Border Patrol, the U.S. Immigration and Customs Enforcement, Homeland Security Investigations, the U.S. Immigration and Customs Enforcement, Office of Enforcement & Removal Operations.
Sentencing is scheduled for December 5, 2016 at 2:00 p.m. before Judge Arcara.
Abita Springs Man Sentenced for Marijuana OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALFRED FLINT, JR., age 59, of Abita Springs, was sentenced today after previously pleading guilty to a one-count Bill of Information for possession with intent to distribute 27 kilograms of marijuana.
U.S. District Judge Susie Morgan sentenced FLINT to 3 years of probation and a $100 special assessment fee.
According to court documents, on April 27, 2015, agents from Homeland Security Investigations received information that 2 packages containing 27 kilograms of marijuana were being sent to Abita Springs, Louisiana from Memphis, Tennessee. The packages were originally sent from Mexico and were addressed to Flint Plastering, Inc. On April 29, 2015, an undercover agent made a controlled delivery to a residence owned by FLINT. The agents then served a search warrant and recovered the marijuana as the packages were being opened by another individual in his garage. FLINT stated that he had allowed the other individual to use his address in order to receive the marijuana. FLINT stated that he was paid $500 for each package he received.
U.S. Attorney Polite praised the work of Homeland Security Investigations, Customs and Border Protection, Louisiana State Police, and St. Tammany Sheriff’s Office in investigating this matter. Assistant United States Attorney Jon Maestri was in charge of the prosecution.
26 Years Later, Pharr Woman Convicted of Failing to Report to PrisonRead the Press Release
McALLEN, Texas – A 47-year-old U.S. citizen who had been residing in Mexico has entered a guilty plea to failure to appear, announced U.S. Attorney Kenneth Magidson.
Lorena Salazar-Galvan was previously convicted of importing and possessing with the intent to distribute 79 pounds of marijuana. In 1990, U.S. District Judge Ricardo H. Hinojosa sentenced her to 27 months in federal prison. She had been permitted bond throughout the court proceedings and was permitted to remain there pending surrender to the U.S. Marshals Service on Feb. 26, 1990.
She did not appear and a warrant was issued for her arrest. She was then also charged with failure to appear.
On May 26, 2016, She was apprehended as she attempted entry into the United States at the Pharr Port of Entry.
Today, she pleaded guilty.
She has been in custody since her 2016 arrest where she will remain pending sentencing. Judge Hinojosa is presiding over this case as well and has set sentencing for Oct. 7, 2016. At that time, she faces up to five years in federal prison for failing to report to prison as well as $250,000 fine.
The U.S. Marshals Service conducted the investigation on the failure to appear matter. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.
2 August 2016
Wilkinsburg Man Gets 2-Year Prison Sentence for Crack Cocaine Distribution SchemeRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 25 months’ imprisonment on his conviction of conspiracy to distribute a quantity of crack cocaine, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Larry Washington, 65, of Wilkinsburg, Pa.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Larry Washington conspired with others to possess with intent to distribute and distribute crack cocaine, which was shipped from California in powder form to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police Department for the investigation leading to the successful prosecution of Washington.
Wichita Man Sentenced to 9+ Years on Federal Firearm ChargeRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Monday to 115 months in prison for committing a federal gun crime, Acting U.S. Attorney Tom Beall said.
Robby Alan Murphy, 35, Wichita, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. He entered the plea in May during the afternoon of the second day of his trial on the charges. During trial, prosecutors presented evidence that Murphy was armed with a handgun on April 18, 2015, when and a co-defendant attempted to rob a drug dealer at this home near Cheney, Kan.
Murphy had a previous federal firearm conviction and was prohibited from possessing a gun.
Co-defendant Byron Cadavid was sentenced to 38 months in federal prison
Beall commended the Sedgwick County Sheriff’s Office and Assistant U.S. Attorney David Lind of their work on the case.
Whitehorn Woman Sentenced to 12 Months’ Imprisonment for Environmental Damage from Marijuana Grow on National Conservation LandRead the Press Release
SAN FRANCISCO – Melinda Van Horne was sentenced today to 12 months and a day in prison for damaging national conservation land through her marijuana cultivation operation, announced United States Attorney Brian J. Stretch.
Van Horne, 43, of Whitethorn, pleaded guilty on March 23, 2016, to depredation against the property of the United States. According to the plea agreement, Van Horne admitted to causing over $100,000 in environmental damage to federal lands in the King Range National Conservation Area through her marijuana cultivation operation. In October 2007, Van Horne purchased a house next to Paradise Ridge in Humboldt County, Calif. Paradise Ridge is part of a congressionally designated National Conservation Area administered by the Bureau of Land Management for the conservation and protection of public lands for the benefit and enjoyment of present and future generations. In 2008, Van Horne made a proposal to the government offering to trade portions of her private property in exchange for the federal conservation land. The Bureau of Land Management rejected the trade based on the national conservation status of the land. Van Horne nonetheless decided to proceed with her marijuana cultivation operation, causing substantial damage to the protected area.
“Marijuana cultivation operations on public lands present an ongoing threat to these important national resources,” said United States Attorney Brian J. Stretch. “This office will protect these vital wilderness areas from the marijuana growers who endanger public safety and leave environmental destruction in their wake.”
With Van Horne’s consent and knowledge, and later at her direction, vegetation was stripped from portions of the federally managed conservation area, land was excavated and graded, and eleven greenhouses and other structures were constructed on federal lands. The work was done in order to grow marijuana plants for sale. Van Horne also used facilities that diverted water from the nearby Bridge Creek to irrigate the marijuana plants. The bulldozing and excavation of federal land caused that land to become unstable and to erode into two rivers that provide crucial spawning and rearing habitats for threatened and federally protected salmon and steelhead.
In September 2013, agents executing warrants to search the property found 1,654 marijuana plants growing on federal land and in the garage of the adjoining house. The agents also found over 17 kilograms of marijuana at another location where Van Horne was residing. Van Horne admitted growing marijuana with at least five other people and admitted she was one of the organizers of the operation.
Van Horne was indicted by a federal Grand Jury on November 17, 2015. She was charged with conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846; possession with intent to distribute 1,000 or more marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(A)(vii); possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); maintaining a place for manufacturing marijuana, in violation of 21 U.S.C. § 856(a); and depredation against property of the United States, in violation of 18 U.S.C. § 1361. Under the plea agreement, Van Horne pleaded guilty to the depredation against property of the United States.
The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Judge, following a guilty plea to depredation against property of the United States, in violation of 18 U.S.C. § 1361. In addition to the prison term, Judge Breyer also sentenced the defendant to perform 300 hours of community service, ordered the defendant to pay restitution, and ordered her to serve a three-year period of supervised release. Bureau of Land Management engineers estimate the cost to repair the damage at $107,754, which Van Horne has agreed to pay as restitution in connection with her guilty plea. The defendant will begin serving the sentence on November 4, 2016.
Assistant U.S. Attorney Rita F. Lin is prosecuting the case with the assistance of Theresa Benitez, Rawaty Yim, and Marina Ponomarchuk. The prosecution is the result of an investigation by the Bureau of Land Management and Drug Enforcement Administration.
Wheeling man pleads guilty to oxycodone distributionRead the Press Release
WHEELING, WEST VIRGINIA – Ronnell A. Williams, 41, of Wheeling, West Virginia, pled guilty to distributing oxycodone in federal court today, United States Attorney William J. Ihlenfeld, II, announced.
Williams admitted to distributing oxycodone in Ohio County, WV in February 2016. He pled guilty to one count of “Distribution of Oxycodone.”
He faces up to twenty years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Wheeling Island men facing federal drug and gun chargesRead the Press Release
WHEELING, WEST VIRGINIA – A federal grand jury returned indictments charging two men from Wheeling Island with drug and gun charges, United States Attorney William J. Ihlenfeld, II, announced.
Clarence William Bertram, 24, and Justin Thomas Mann, 28, both of Wheeling Island are now facing criminal charges in federal court.
Bertram has been charged with one count of “Maintaining Drug-Involved Premises,” three counts of “Distribution of Cocaine Base within 1,000 feet of a Protected Location,” and one count of “Felon in Possession of Firearm.” He faces up to twenty years in prison and a fine up to $500,000 for the maintaining a drug-involved premises count; up to 60 years in prison and a fine up to $2,000,000 for each of the distribution counts; and up to ten years in prison and a fine of up to $250,000 for the firearm charge.
Mann, has been charged with three counts of “Distribution of Heroin” that allegedly occurred in February 2016. He faces up to twenty years in prison and a fine up to $1,000,000 for each count.
Both Bertram and Mann are alleged to have engaged in drug trafficking on Wheeling Island in 2016.
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 defendants.
Assistant U.S. Attorney Randolph J. Bernard is handling the cases on behalf of the government. Special Assistant U.S. Attorney, also of the West Virginia Attorney General’s Office, is assisting with the Mann case. The Ohio Valley Drug and Violent Crime Task Force is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.U.S. Attorney Stanton to Participate in National Night Out 2016Read the Press Release
Memphis, TN – U.S. Attorney Edward L. Stanton III will join law enforcement and community leaders on Tuesday, August 2nd as part of the annual National Night Out crime and drug prevention event.
"National Night Out is a perfect opportunity for citizens to stand in solidarity with their neighbors, community stakeholders and law enforcement officials," said U.S. Attorney Stanton. "Collaborative events like this help restore and strengthen community trust with law enforcement as we work together to make our neighborhoods safer places to live, work and worship."
National Night Out is designed to: heighten crime and drug prevention awareness; generate support for and participation in local anticrime efforts; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals letting them know neighborhoods are organized and fighting back.
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events today.
Two Men Indicted on Federal Drug Charges in Related CasesRead the Press Release
ROCKFORD — Two men were indicted today by a federal grand jury in Rockford, Ill., on drug charges in related cases.
GILBERTO VENEGAS-GARZA, 48, of Houston, Texas, was charged with one count of distributing cocaine on June 28, 2016. CONSTANCIO PALOMINO-CHAVEZ, 34, of Rockford, was charged with possessing cocaine with intent to distribute, also on June 28, 2016.
According to a criminal complaint, on June 28, 2016, Venegas-Garza drove a van from Bedford Park, Ill. to Rockford where he met with Palomino-Chavez. They went to a residence on Newberg Road. A short time later Venegas-Garza drove away. Venegas-Garza was stopped for a traffic offense by Illinois State Police officers. Inside the van officers discovered approximately $5,000 in U.S. currency and a hidden “trap” compartment, according to the complaint. Officers searched the Newberg Road residence and found five kilograms of cocaine under the floorboards of a shed, according to the complaint. Venegas-Garza and Palomino-Chavez were both arrested and have remained in custody since their arrest on June 28, 2016.
Distribution of cocaine and possession with intent to distribute cocaine each carry a maximum penalty of up to 20 years in prison, at least three years of supervised release following imprisonment, and a fine of up to $1 million. If convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment is only a charge and is not evidence of guilt. Each defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictments were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Dennis Wichern, Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration; and Leo P. Schmitz, Director of the Illinois State Police.
The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
Palomino-Chavez Indictment
Venegas-Garza Indictment
Third Circuit Affirms United States’ Forfeiture and Ownership of Double Eagle CoinsRead the Press Release
PHILADELPHIA – United States Attorney Zane David Memeger announced that the United States Court of Appeals for the Third Circuit, sitting en banc, issued a ruling on Monday, August 1, 2016, concluding that the United States had a right to keep ten 1933 $20 gold coins that have been the subject of years of litigation. In 2011, a jury had determined that the coins were forfeited to the United States as stolen property from the United States Mint, and District Court Judge Legrome D. Davis additionally declared that the coins had always been the property of the United States. In 2015, a panel of the Court of Appeals vacated that decision, holding that government employees had violated a deadline for administrative action to obtain adjudication of the coins’ ownership. Today’s decision asserts that the government did not violate any deadline, and reinstates the decisions of the jury and the district court validating the government’s title to its property.
The 1933 coins, known as Double Eagles, are twenty dollar gold pieces that were manufactured by the United States Mint in 1933. The coins were never released to the general public, however, because President Franklin Delano Roosevelt issued Executive Orders taking the United States off the gold standard, prohibiting the Mint from releasing any gold, and requiring all persons to redeem their gold coins for paper currency or non-gold coin. Nevertheless, a number of 1933 Double Eagles gold pieces have surfaced over the ensuing decades.
The Court of Appeals noted in its opinion that the United States Secret Service has investigated this matter since the government first became aware of a 1933 Double Eagle being put up for public auction in 1944. The United States has recovered every 1933 Double Eagle that it was able to locate, including one coin that the government had inadvertently permitted to be exported to King Farouk in Egypt in 1944. That coin was brought back to the United States by a London coin dealer in 1996. It was eventually sold at auction for $7.6 million, with the government and the coin dealer splitting the proceeds.
The Court also noted that the Secret Service investigation determined that all of the recovered pieces were traced back through the Secret Service investigation to Israel Switt, a Philadelphia merchant. After the sale of the Farouk coin, Mr. Switt’s daughter, Joan Langbord, reported finding ten of the coins in a safe deposit box that had previously belonged to her mother.
In its decision, the en banc Court of Appeals affirmed that the ten coins are property of the United States, finding that “the evidence at trial demonstrated overwhelmingly that no 1933 Double Eagle ever left the Mint through authorized channels and any that did were either stolen or embezzled.” The Court noted that the Mint’s records were remarkably detailed, to the level of showing a transaction involving three pennies and their year of minting.
Zane David Memeger, the United States Attorney, stated: “We are gratified for the Third Circuit’s decision recognizing the United States’ ownership of these rare coins.” Rhett Jeppson, Principal Deputy Director for the United States Mint, stated: “We appreciate the Court’s decision confirming that these national treasures are and always have been property of the United States Mint. Today’s decision is a victory not only for the integrity of government property and the rule of law, but for the integrity of the numismatic hobby.”
The case was investigated by U.S. Secret Service, with the assistance of the U.S. Mint Police, and presented by Assistant United States Attorneys Jacqueline Romero, Nancy Rue, and Joel Sweet. The appeal was argued by Assistant United States Attorney Robert A. Zauzmer.
UNITED STATES ATTORNEY'S OFFICE Contact: Michele Mucellin
EASTERN DISTRICT, PENNSYLVANIA Media Contact
Suite 1250, 615 Chestnut Street 215-861-8218
Philadelphia, PA 19106
Taylor County man charged with illegal possession of a firearmRead the Press Release
WHEELING, WEST VIRGINIA – A federal grand jury returned an indictment charging Michael Andrew Christopher Shaver, 22, of Grafton, West Virginia with illegal possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
In November 2015, Shaver was allegedly found in possession of a stolen .45 caliber pistol in Harrison County, WV. Shaver was charged with one count of “Possession of a Stolen Firearm.” He faces up to ten years in prison and a fine 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 David J. Perri is handling the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Taylor County Sheriff’s Office, and the VA Police Department in Clarksburg are investigating.Statement of U.S. Attorney Preet Bharara on the Resignation of Commissioner BrattonRead the Press Release
U.S. Attorney Preet Bharara said: “Commissioner Bratton has been a great leader of the finest police force in the world. For his strong stewardship of the NYPD during these challenging times for law enforcement, every New Yorker owes him a debt of gratitude. Over a long career, on both coasts, no one has done more for policing and public safety in America’s largest cities than Bill Bratton. Under his leadership, the relationship between the NYPD and our office is as strong as ever. He has become a personal friend to me and a great law enforcement partner to my office. I thank him for his service to the people of our great city and all the others he has served around the country during his long and distinguished career in public life.”
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St. Francis Man Sentenced for Assault with a Dangerous Weapon and Related ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon, Simple Assault, Prohibited Person in Possession of a Firearm, and Using a Firearm During and in Relation to a Crime of Violence was sentenced on August 1, 2016, by United States Court District Judge Roberto A. Lange.
Michael Lee Long, Jr., was sentenced to 150 months in custody, 2 years of supervised release, restitution in an amount to be determined, and a $310 special assessment to the Federal Crime Victims Fund.
Long was indicted by a federal grand jury on October 14, 2015. He was convicted on May 12, 2016, following a three-day jury trial in Pierre, South Dakota.
The charges stem from an incident that occurred on May 17, 2015, when Long accosted three people in parked car at a convenience store in Rosebud, South Dakota. As Long stood next to the open front passenger door pointing a handgun at the victim in the passenger seat, the driver of the vehicle put the car in reverse in an effort to get away. Long was knocked down by the open vehicle door and fired at the vehicle before it departed the parking lot. The driver of the vehicle was the daughter of the front-seat passenger. The daughter’s boyfriend was also in the vehicle, seated in the back seat. They were not injured. A shell casing was subsequently located in the parking lot of the store and a bullet fragment was removed from the front of the vehicle. The handgun, a Glock .40 caliber pistol, was also recovered and matched to the shell casing and bullet fragment.
Long was previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court in 2011, making it illegal for him to possess a firearm. As a result of the verdict, Long will forfeit ownership of the firearm to the United States.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the South Dakota Division of Criminal Investigation (DCI). Assistant U.S. Attorneys Kirk Albertson and Meghan Dilges prosecuted the case.
Long was immediately remanded to the custody of the U.S. Marshals Service.
San Pablo Man Pleads Guilty to Cashing Fraudulent and Stolen ChecksRead the Press Release
OAKLAND – A San Pablo, California resident pleaded guilty to his role in a conspiracy to commit theft of government property, announced U.S. Attorney Brian J. Stretch; Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division; and Special Agent in Charge Michael T. Batdorf for the Internal Revenue Service’s Criminal Investigation (IRS-CI).
According to the plea agreement, from about August 2013 through April 2015, Devonnie Davison, participated in a conspiracy to illegally obtain money from the federal government by negotiating misappropriated U.S. Treasury checks. Davison admitted that some of the checks were obtained by filing false tax returns with the IRS while others were stolen U.S. Treasury checks acquired by his coconspirators. Davison cashed those checks under false pretenses at Walmart stores in the Bay Area. To carry out the scheme, Walmart cashiers were paid by members of the conspiracy to cash the fraudulent and stolen U.S. Treasury checks. Davison also conspired with other individuals who prepared and filed false tax returns with the IRS and attempted to cash stolen U.S. Treasury checks during 2013, 2014 and 2015, which totaled $521,318.
Davison, along with 10 codefendants, was charged on Nov. 5, 2015, in a 71-count indictment with conspiracy to commit theft of public money, theft of public money, wire fraud, and aggravated identity theft. Pursuant to today’s agreement, Davison pleaded guilty to one count of conspiracy to commit theft of public money and two counts of theft of public money.
Davison faces a statutory maximum term of five years in prison for the count of conspiracy to commit theft of public money and 10 years in prison for the count of theft of public money. He also faces a term of supervised release and monetary penalties.
U.S. Attorney Stretch, Principal Deputy Assistant Attorney General Ciraolo, and Special Agent in Charge Batdorf commended special agents of IRS-CI, who investigated the case and Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera and Trial Attorney Gregory Bernstein of the Justice Department’s Tax Division, who are prosecuting the case.
Roseville Woman Convicted of Mortgage Fraud Scheme Involving Falsified DocumentsRead the Press Release
SACRAMENTO, Calif. — After a four-day trial, a jury in Sacramento found a Roseville woman guilty today in a mortgage fraud scheme involving three properties, Acting U.S. Attorney Phillip A. Talbert announced.
Alla Samchuk, 45, was found guilty of six counts of bank fraud, six counts of making a false statement to a financial institution, one count of money laundering, and one count of aggravated identity theft. After the verdict, U.S. District Court Judge Garland E. Burrell Jr. ordered Samchuk taken into custody.
According to court documents, from 2006 through 2008, Samchuk, a licensed real estate salesperson, orchestrated a mortgage fraud scheme involving three properties in the Sacramento area using straw buyers. Two of the houses were purchased so that Samchuk herself could occupy them. She lacked the ability to qualify for a loan, so she instead recruited straw buyers to apply for the loans in their names. Samchuk caused the submission of loan applications containing false representations of income, employment, assets, and a false indication that the straw buyers would occupy the homes as their primary residence.
A second objective of the scheme was to obtain HELOC (home equity line of credit) funds. According to evidence at trial, on two of the properties, Samchuk diverted or attempted to divert HELOC funds to her own benefit. Samchuk caused the HELOC loans to fund by submitting false statements and documents to the lender regarding the qualifications of the straw buyers.
The scheme involved two properties in Roseville and one in El Dorado Hills. In 2007, Samchuk filed an application for a HELOC on one of the properties without the straw buyer’s knowledge or consent. To obtain the HELOC, she forged the signature of the straw buyer on a short form deed of trust that she caused to be notarized and recorded. The stated purpose of the HELOC was home improvement, but once the line of credit was funded, Samchuk quickly diverted all of the funds to her own use, spending the proceeds on a Lexus and the repayment of a substantial personal debt.
This case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorneys Audrey B. Hemesath and Andre M. Espinosa are prosecuting the case.
Sentencing is set for October 21, 2016. Samchuk faces a maximum of 30 years in prison for each count of bank fraud and false statements to a financial institution, 10 years in prison for money laundering, and two years in prison for aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Rosebud Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Lavern David Luxon, Jr., age 24, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered as well as a $5,000 assessment to the Domestic Trafficking Fund.
The Indictment alleges that on or about September 4, 2015, Luxon knowingly engaged and attempted to engage in a sexual act with a minor female who had not attained the age of 16 years, and who was, at least, 4 years younger than Luxon.
The charge is merely an accusation and Luxon is presumed innocent until
and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Luxon was remanded to the custody of the U.S. Marshals Service pending trial which has been set for September 12, 2016.
Rock Hill Man Pleads Guilty to Firearm and Ammunition ChargeRead the Press Release
Contact Person: Stacey Haynes (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Robert Da’Quan Johnson, a/k/a “Thunda,” age 20, of Rock Hill, South Carolina plead guilty today in federal court. Johnson plead guilty to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). United States District Judge Mary Geiger Lewis of Columbia accepted the plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented in court established that on the evening of September 7, 2015, an officer with the Rock Hill Police Department was on routine patrol when he observed two vehicles traveling down Mount Holly Road at a high rate of speed. The officer’s radar clocked the vehicles traveling 70 mph in a 50 mph zone. Upon activating his blue light and siren and stopping both vehicles, the officer found Johnson to be the driver and sole occupant of one vehicle and a female friend of Johnson’s was found to be the driver and sole occupant of the other vehicle. After asking Johnson to exit his vehicle, a Rohm .22 caliber firearm was found in Johnson’s pants pocket and a baggy of .22 caliber ammunition found in Johnson’s vehicle. Johnson was placed under arrest for state charges for carrying an unlawful weapon and speeding. The case was referred to federal authorities for prosecution as Johnson, who was on state parole at the time, is prohibited under federal law from possessing firearms and/or ammunition based upon his 2014 state felony conviction for criminal conspiracy.
Johnson faces a statutory maximum of ten (10) years imprisonment and/or a fine of $250,000 on the firearm/ammunition charge.
The case was investigated by the Rock Hill Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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