Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 26 May 2016
Loganville Man who Participated in “Ethnic Cleansing” in the 1990’s as Bosnian Prison Guard Convicted of Immigration FraudRead the Press Release
ATLANTA - Mladen Mitrovic, who served in the Bosnian Serb Army and worked as a prison guard in a camp that was part of the infamous “ethnic cleansing” that occurred during the Bosnian War, was found guilty of obtaining his American citizenship by providing false and fraudulent information on his naturalization application.
“Mitrovic thought that he could bury his past and the horrific human rights violations he committed during the Bosnian War,” said U. S. Attorney John Horn. “A jury saw through his deceit and he will now be held accountable for failing to be truthful during the naturalization process.”
“This case demonstrates the Justice Department’s continued commitment to denying safe haven to human rights violators,” said Assistant Attorney General Leslie Caldwell. “No matter how long it takes, we will pursue justice, protect the integrity of our immigration system, and seek accountability for crimes.”
“Human rights violators who think they can conceal their past to escape accountability in the United States are sorely mistaken,” said Nick S. Annan, special agent in charge of ICE Homeland Security Investigations Atlanta. “This individual tried to cheat our nation's immigration system by lying about his actions during the Bosnian Civil War. This result shows that HSI is firmly committed to investigating and identifying criminals who seek to exploit our nation's welcoming policy toward legitimate war refugees.”
According to U.S. Attorney Horn, the charges and other information presented in court: In 1996, Mitrovic was permitted to immigrate to the United States based on his statements in his refugee application that he feared persecution if he remained in Bosnia. In 2002, he naturalized as an American citizen. The evidence presented at trial also demonstrated that on his naturalization application, Mitrovic stated, among other things, that he had never persecuted anyone because of their race, religion or membership in a social group; he had never committed a criminal offense for which he had not been arrested; and he had never provided any false or misleading information to obtain an immigration benefit, such as refugee status.
In reality, as the trial evidence established, during the Bosnian War, Mitrovic had been a guard in one of the prison camps that the Bosnian Serb Army (VRS) opened in May 1992 to “ethnically cleanse” northwest Bosnia of non-Serb minorities. At trial, one victim testified that Mitrovic had used a sharp military knife to carve a Christian cross into his chest, saying from that moment on, he “was going to be a Serb.” Others testified that Mitrovic and other soldiers beat non-Serb prisoners into unconsciousness or threatened to kill them with automatic rifles. Bosnian government documents also showed that in February 1996, Mitrovic applied for and was later awarded veterans’ benefits for his later military service in the VRS during the Bosnian War. Trial evidence showed that Mitrovic failed to disclose any of this conduct or military service on his refugee and naturalization applications.
Sentencing for Mladen Mitrovic, 54, of Loganville, Georgia, is scheduled for August 25, 2016, at 10:30 a.m. before U.S. District Judge Amy Totenberg.
This case is being investigated by the Department of Homeland Security.
Assistant United States Attorneys William Traynor and Jessica Morris, and Christina Giffin, Assistant Deputy Chief of the Human Rights and Special Prosecutions Section of the Justice Department are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Little Eagle Man Acquitted of Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man was acquitted of Assault with a Dangerous Weapon as a result of a federal jury trial in Aberdeen, South Dakota, on May 24, 2016.
Forrest Devan Yellow Earrings, age 24, was indicted by a federal grand jury on April 14, 2015.
The charge stemmed from an incident which occurred in January 2014, when Yellow Earrings allegedly assaulted a male acquaintance.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.
Lake Worth Man Pleads Guilty in Elaborate Mail Fraud Scheme Involving Rental Property TakeoversRead the Press Release
A Lake Worth resident pled guilty for his participation in a mail fraud scheme involving rental property takeovers.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Sean Scheller, Chief, Town of Lantana, made the announcement.
Miguel Tilus, 54, of Lake Worth, pled guilty to mail fraud, in violation of Title 18, United States Code, Sections 1341 and conspiracy to commit mail fraud, in violation of United States Code, Section 1349. Tilus faces up to 20 years’ imprisonment on each of the mail fraud and conspiracy counts and restitution of over $105,000. Tilus is scheduled to be sentenced on August 11, 2016 at 9:00 a.m., before United States District Judge Robin L. Rosenberg. Co-conspirators Kesner Joaseus, 46, of Wellington, and Wadno Dorneau, 36, of West Palm Beach, are scheduled for trial on August 8, 2016.
According to court documents, a legitimate real estate investment trust based in Georgia, RHA 2, LLC, owns dozens of properties in Palm Beach and Broward Counties that it leases out as residential single family homes. This company operates as HavenBrook Homes. From November 2014 through January 2016, Dorneau, Joaseus and Tilus conspired, using the similar company name “RHA Two, LLC,” to illegally take possession of and rent the residences lawfully owned by HavenBrook Homes by assuming the legitimate company’s identity.
In order to accomplish this, the co-conspirators identified and monitored the status of homes being renovated by HavenBrook Homes. When construction was nearing completion, Joaseus would remove the lockbox from a targeted home and call a locksmith to change the locks on the home. Immediately after having the locks changed, sometimes within hours, the defendants placed signs in high traffic areas advertising a home for rent and posting one of several prepaid cell phone numbers.
According to court documents, including the plea agreement and proffer, Tilus admitted that numerous times, he arranged to meet prospective tenants at the property, present bogus leases with a counterfeit “HavenBrook Homes” logo, and collect thousands of dollars in money orders or cash, purportedly for security deposits and rent for the houses. Tilus and the other defendants always used aliases when dealing with the tenants. In this manner, the defendants collected purported lease payments from dozens of tenants of houses owned by HavenBrook Homes which the defendants had no right to possess.
HavenBrook Homes has confirmed that at least 80 homes owned by them have been fraudulently taken over in this manner, resulting in fraud losses of rental income that could exceed $100,000 per month for all of 2015.
Mr. Ferrer commended the investigative efforts of the ICE-HSI and the Lantana Police Department. This case is being prosecuted by Assistant U.S. Attorney Lauren Jorgensen.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Kentucky Man Ordered to Pay over $80K for Timber TheftRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Cheyenne Allen, 40, of Salyersville, Kentucky was sentenced before Judge Jon E. DeGuilio, for mail fraud.
Allen was sentenced to 10 months imprisonment, 1 year of supervised release and ordered to pay 80,192.83 in restitution.
According to documents filed in this case, Allen conducted a scheme to steal valuable walnut trees from the land of an absentee landowner. After Allen’s timber-buying license was suspended by the State of Indiana, he began negotiating with a landowner to buy land in Cass County, Indiana. Before Allen had purchased the land, he had a stand of valuable walnut trees logged from the land and sold it for over $80,000. The landowner had no knowledge that Allen had cleared the land.
This case was prosecuted as a result of an investigation by the U.S. Fish and Wildlife Service with assistance from the Indiana Department of Natural Resources. This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.
# # #
Justice Department Settles Housing Discrimination Lawsuit Against Owners of Carson City, Nevada, Rental PropertiesRead the Press Release
The Justice Department announced today that Carson City, Nevada, rental property owners Betty Brinson and Hughston Brinson have agreed to pay $36,000 to resolve allegations that they discriminated against families with children in violation of the Fair Housing Act (FHA).
The lawsuit alleged that the Brinsons discriminated against families with children by placing a series of advertisements for a single-family rental home in the local newspaper that indicated a preference for adult tenants and refusing to rent the home to a family with three children because they did not want children living at the property. The complaint also alleged that Betty Brinson placed discriminatory advertisements for another property she owns – a 36-unit apartment complex in Carson City – that indicated a preference for adult tenants. The lawsuit arose as a result of a complaint filed with the Department of Housing and Urban Development (HUD) by the family, who alleged that they were refused the opportunity to rent the single-family home.
Under the proposed consent order, which still must be approved by the U.S. District Court for the District of Nevada, the defendants will pay $14,000 to the HUD complainants, $10,000 into a victim fund to compensate other aggrieved families and $12,000 to the United States as a civil penalty. In addition, the proposed consent decree prohibits the defendants from discriminating in the future against families with children and requires the defendants to receive training on the requirements of the FHA and provide periodic reports to the department.
“Families should not face discrimination because of the presence of children when looking for a home,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously enforce the Fair Housing Act and its protections for families as they navigate the housing market.”
“A family’s search for housing that fits their needs shouldn’t be limited by discriminatory practices that violate the Fair Housing Act,” said Gustavo Velasquez, Assistant Secretary for HUD’s Fair Housing and Equal Opportunity Office. “Today’s settlement is a victory for families with children and reaffirms HUD and the Justice Department’s commitment to ensuring that the owners or rental properties understand their obligations under the law and take steps to meet that obligation.”
Anyone who believes that they or individuals they know may have been discriminated against by the Brinsons based on their familial status should contact the Civil Rights Division’s Housing and Civil Enforcement Section at 1-800-896-7743, mailbox number 991, or by sending an email to [email protected].
Fighting illegal housing discrimination is a top priority of the Department of Justice. The FHA prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt/.
Brinson Consent Order
Justice Department Settles Employment Discrimination Lawsuit Against Lubbock, TexasRead the Press Release
The Department of Justice announced today that it has reached a settlement agreement to resolve allegations that Lubbock, Texas, engaged in a pattern or practice of employment discrimination against Hispanic and female applicants for probationary police officer positions with the Lubbock Police Department, in violation of Title VII of the Civil Rights Act of 1964.
In a joint motion filed today in the U.S. District Court for the Northern District of Texas, the Justice Department and the city of Lubbock asked the court to enter a provisional order that sets out the terms of the settlement agreement. Under the proposed settlement agreement, which is subject to court approval, Lubbock will develop a new written test and a new physical fitness test for selecting probationary police officers and provide hiring relief with retroactive seniority to 11 qualified Hispanic applicants and 13 qualified female applicants who were disqualified by the challenged employment tests. In addition to hiring relief for the 24 qualified applicants, Lubbock will also pay a total of $725,000 to any eligible Hispanic and female applicants who were disqualified by the challenged employment tests. The motion also asks the court to schedule a fairness hearing, an opportunity provided by Title VII for those affected by the proposed agreement to comment on the settlement.
The proposed settlement agreement will resolve the complaint filed by the Justice Department on Dec. 2, 2015. In its complaint, the Justice Department alleged that Lubbock’s use of its written test and physical fitness test violated Title VII by disproportionately screening out, respectively, Hispanic and female applicants for the probationary police officer position without meaningfully distinguishing between applicants who can and cannot perform the job. Title VII prohibits discrimination in employment on the basis of race, color, sex, national origin or religion, whether the discrimination is intentional or involves the use of employment practices that have a disparate impact and are not job related and consistent with business necessity.
“Unnecessary barriers that keep qualified Hispanic and female applicants from obtaining public safety jobs violate the law and hurt our communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Department of Justice commends the city of Lubbock and the Lubbock Police Department for working to adopt new hiring procedures that comply with Title VII and to provide relief to those applicants harmed by the city’s previous hiring practices.”
The case was brought by Trial Attorneys Hector Ruiz, Karen Ruckert, Jennifer Swedish and Alisa Philo of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Ann E. Cruce-Haag of the Northern District of Texas. Enforcement of federal employment discrimination laws is a top priority for the Justice Department. Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt.
Lubbock Consent Decree
Johnstown Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court in Johnstown to charges of violating federal narcotics and firearms laws, United States Attorney David J. Hickton announced today.
Eric J. Westover, 30, of Johnstown, Pa., pleaded guilty to two counts of the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on Dec. 18, 2013, Westover possessed less than 100 grams of heroin with the intent to distribute it.
In addition, in 2006 Westover had been convicted in Cambria County, Pa., of possession with intent to distribute a controlled substance. On Dec. 18, 2013, he unlawfully possessed a Bersa Arms pistol and a Harrington and Richardson pistol. Federal law prohibits persons who have been convicted of a crime punishable by imprisonment for a term exceeding one year from possessing ammunition or firearms. Possession with intent to distribute a controlled substance is such a crime.
Judge Gibson scheduled sentencing for Oct. 4, 2016, at 1:00 p.m. The law provides for a maximum total sentence of 30 years in prison, a fine of $1,250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Johnstown Police Department conducted the investigation that led to the prosecution of Westover.
According to Mr. Hickton, Westover is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Jamaican National Indicted for Conspiracy to Commit Mail FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANDREW O’NEIL BOWYER, age 26, a resident of Jamaica, was charged today in a one-count Indictment for Conspiracy to Commit Mail Fraud.
According to the Indictment, on or before August 2013, BOWYER and others operated a scheme to contact elderly individuals and people with diminished capacity who would be susceptible to being scammed. The scheme involved contacting victims by telephone through Voice Over Internet Protocol (“VoIP”) and informing them they had won the Publisher’s Clearing House Sweepstakes or similar lottery and needed to pay BOWYER and others monies by cash, check, wire, and other methods in order to claim their lottery winnings.
BOWYER and others obtained names, addresses, and other biographical information from an unknown source. They used the information to identify victims, telephone them, or direct others to telephone them, to represent that they had won the sweepstakes and inform them they would need to send him or others money in order to claim their winnings.
It was part of the scheme and artifice to defraud that on or around March 30, 2015, the defendant, BOWYER, employed false representations and promises in order to convince V.L., an elderly person, into believing V.L. had won a sweepstakes, causing V.L. to send money via the United States Postal Service to CC-1, a co-conspirator living at an apartment in New Orleans. V.L. sent the money to CC-1 in reliance on BOWYER’s false representations and promises that if V.L. sent the money to CC-1, she would be awarded sweepstakes winnings. Immediately after receiving the funds in the mail from V.L., CC-1 deposited the money into his bank account in New Orleans, and initiated a wire transfer of the funds from the account to BOWYER’s account in Jamaica.
If convicted, BOWYER faces a maximum of 20 years imprisonment, to be followed by three (3) years of supervised release, a fine of up to $250,000, and a special assessment of $100.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Postal Service, Office of Inspector General, in investigating this matter. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.
Indictment: $3.5 Million ID Theft Conspiracy Stretched from Mailboxes to Car LotsRead the Press Release
WICHITA, KAN. - Thirteen people are charged in a federal indictment unsealed today alleging they used stolen identities in an effort to spend or access more than $3.5 million of other people’s money and credit, Acting U.S. Attorney Tom Beall said.
The indictment alleges the conspirators divided up the work of stealing from mailboxes, forging identification documents, obtaining fraudulent credit cards and shopping with stolen identities. Some of the conspirators are alleged to have been paid in drugs for their labor. Among the items purchased were a $43,500 Jaguar automobile and a $62,000 Dodge Challenger Hellcat.
The joint federal and local investigation was based on the fact that as early as October 2013 the U.S. Postal Inspection Service recognized that a significant volume of mail was being stolen from blue postal collection boxes, residential mailboxes and mail rooms in the Wichita area.
The indictment alleges the conspirators:
-
Stole mail from the U.S. Postal Service’s blue boxes, a post office and residential customers’ mailboxes.
-
Altered checks.
-
Used stolen information to manufacture new checks.
-
Made purchases using altered and manufactured checks.
-
Created profiles of victims using information from stolen mail.
-
Obtained credit cards using stolen identities.
-
Manufactured false identification documents with stolen information including driver’s licenses.
-
Used stolen identities to obtain credit and merchandise based on the victims’ credit history and incomes.
The government alleges the loss in this matter is approximately $3.5 million.
The 50-count indictment includes charges of aggravated identity theft, trafficking in stolen identities, receipt of stolen mail, unlawful production of identity documents, conspiracy, bank fraud, possession with intent to distribute methamphetamine and firearms charges.
“This case highlights the importance of the strong working relationships among federal, state and local law enforcement,” said Inspector in Charge Craig Goldberg, U.S. Postal Inspection Service, Denver Division. “The U.S. Postal Inspection Service is committed to working with our partners to ensure the continued trust people place in the mail and protecting the public from financial victimization by enforcing the laws that defend the nation's mail system from illegal use.”
The following defendants are named in the indictment:
Samuel Below, 29, Phoenix, Ariz.
Chad Michael Abildgaard, 25, Goddard, Kan.
Krysalias Lynn Bernhardt, 20, Clearwater, Kan.
Jacob Michael Martin, 31, Wichita, Kan.
Melanie Marie Morey, 41, Wichita, Kan.
Jillian N. Parker, 34, Wichita, Kan.
Jeremy Peterson, 42, Wichita, Kan.
David Allen Babedew, 24, Wichita, Kan.
Dustin Michael Reida, 28, Wichita, Kan.
Thomas Rye, 36, Phoenix, Ariz.
Daniel Christian Thomas, 31, Wichita, Kan.
Justin Alan Vanley, Rose Hill, Kan.
Jacey Jane Vidricksen, 27, Goddard, Kan.
Upon conviction, the crimes carry the following penalties:
-
Conspiracy to distribute methamphetamine (counts one and 33): Not less than 10 years in federal prison and a fine up to $10 million.
-
Conspiracy to commit bank fraud, bank fraud and attempted bank fraud (counts two, six, 10, 12, 22, 25, 27, 29, 31, 40 and 43): Up to 30 years and a fine up to $1 million on each count).
-
Conspiracy to commit wire fraud, mail fraud, and receipt of stolen mail (count three): Up to five years and a fine up to $250,000 on each count.
-
Conspiracy to produce identification documents, production or use of identification documents (counts four, 13, 17, 32, and 50): Up to 15 years and a fine up to $250,000 on each count.
-
Unlawful possession of a firearm (counts five, eight and 11): Up to 10 years in federal prison and a fine up to $250,000.
-
Aggravated identity theft (counts seven, 19, 21, 23, 38, 41, 44, 46, 47 and 48): A mandatory two years consecutive to the underlying offense and a fine up to $250,000.
-
Theft or receipt of stolen mail (counts nine, 24, 26, 28, 30, 39 and 42): Up to five years and a fine up to $250,000 on each count.
-
Possession with intent to distribute methamphetamine (count14): Up to 20 years and a fine up to $1 million.
-
Possession of a firearm in furtherance of drug trafficking (counts 15, 16, 34, and 35).
-
Possession of a stolen firearm (count 36): Up to 10 years in federal prison and a fine up to $250,000.
-
Possession of an unregistered silencer (count 37): Up to 10 years and a fine up to $10,000.
-
Making a false statement during a federal investigation (count 49): Up to five years and a fine up to $250,000)
The U.S. Postal Inspection Service, the Sedgwick County Sheriff’s Department, the Wichita Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Debra Barnett and Assistant U.S. Attorney Alan Metzger are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
-
Illinois Man Sentenced to 235 MonthsRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Antwon Willis, 46, of Richton Park, Illinois was sentenced before Judge Jon E. DeGuilio, for conspiracy to distribute Heroin.
On May 26, 2016, Willis was sentenced to 235 months imprisonment and 4 years of supervised release following a five day jury trial that concluded with guilty verdicts on February 5, 2016.
According to documents filed in this case, from 2009 up to and including October 2014, Willis knowingly and intentionally combined, conspired, confederated and agreed with other persons to distribute over 100 grams of heroin in the Northern District of Indiana and elsewhere. Willis, who lived near Chicago, mainly used intermediaries to distribute heroin in LaPorte County, Indiana as well as Hammond, Indiana and Eastern Illinois. At the sentencing hearing held on May 26, 2016, the judge found that Willis was responsible for distributing at least 18 kilograms of heroin. The conspiracy involved locations in Iowa, Illinois, Minnesota, Michigan and Indiana.
United States Attorney Capp said, “Our federal, state and local partners work closely together with my Office to locate the distributors of this highly addictive, dangerous drug and prosecute them. Even if someone lives in another community, or even another state, when heroin is sold in Indiana we will pursue the people who are responsible. We will continue to devote resources through prosecution and community training to curb this epidemic.”
"Heroin traffickers ruin lives, families and communities, by causing overdose deaths and spikes in violence. The DEA along with its local partners are committed to stopping anyone who exploits addiction and make our neighborhoods less safe. The success of this investigation is a direct reflection of the collaborative efforts of DEA and the Michigan City Police Department", said Assistant Special Agent in Charge Greg Westfall of DEA's Indianapolis District Office.
This case was prosecuted as a result of an investigation by the U.S. Drug Enforcement Administration with the assistance of Michigan City and Portage, Indiana Police Departments. This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
# # #
Illegal Alien to Serve Time for Possession of FirearmRead the Press Release
Gulfport, Miss – Carlos Efrain Chavez-Alas, age 27, an illegal alien from El Salvador living in Gulfport, was sentenced by U.S. District Judge Sul Ozerden to 13 months in federal prison followed by three years of supervised release for possession of a firearm by an illegal alien, U. S. Attorney Gregory K. Davis announced today. Chavez-Alas also faces deportation as a convicted felon.
This case was investigated by Homeland Security Investigations and prosecuted by Assistant United States Attorney Annette Williams.Houston County Man Sentenced for Violating Asbestos Work Practice StandardsRead the Press Release
MARSHALL, Texas – A 60-year-old Kennard, Texas man has been sentenced to prison for federal environmental violations, announced U.S. Attorney John M. Bales today.
Rodney K. Beshears pleaded guilty on Feb. 9, 2016, to violating the work practice standards of the Clean Air Act and was sentenced to 12 months and one day in federal prison today by U.S. District Judge Rodney Gilstrap.
According to information presented in court, Beshears admitted that in October of 2011, he and his employees began excavating and removing a pipeline in northeast Texas. On Dec. 16, 2011, an inspector with the Texas Department of State Health Services conducted a site inspection where Beshears was removing the pipeline near Diana, Texas, and informed Beshears that the pipeline had a coating of asbestos. On Dec. 21, 2011, Beshears received training on asbestos removal practices which included instructions on the proper handling of asbestos material required under the work practice standards of the National Emission Standards for Hazardous Air Pollutants or “NESHAP” rules for asbestos when excavating and removing pipe with a coating of asbestos. On Jan. 13, 2012, the Texas Department of State Health Services inspected another site where Beshears was excavating and removing the pipeline just outside of Ore City, Texas and again informed Beshears that the pipe had a coating of asbestos material.
Beshears’ removal of the pipeline continued through March, 2012, during which time, Beshears removed, and caused others to remove, several thousand feet of pipeline which contained regulated asbestos containing material, between Diana and Ore City, Texas. The excavation, cutting and removal of the pipeline, as directed by Beshears, included no wetting of the asbestos material that coated the pipeline as Beshears had been instructed during the training. The asbestos material was crumbled and pulverized by hitting the pipe coating with a hammer to knock it off the pipe to expose the pipe so it could be cut into pieces; asbestos was crumbled and pulverized by dragging the pipe segments across the ground; and asbestos was not disposed of at approved disposal facilities. Beshears was indicted by a federal grand jury on Sep. 3, 2014.
"The health dangers associated with asbestos are well known and its safe removal must be handled according to the law,” said Bill Stevens, Acting Assistant Agent-in-Charge of EPA’s Criminal Investigation Division Dallas Area Office. “The defendant knew the law, yet knowingly and repeatedly violated it by directing his employees to illegally remove pipeline coated with asbestos. As an employer, the defendant was obligated to uphold environmental laws that safeguard the health of his workers and the community at large. This plea demonstrates that companies and their owners who callously place the American people at risk will be held accountable for their actions.”
This case was investigated by the EPA’s Criminal Investigation Division in Dallas, Texas, the TCEQ’s Criminal Investigation Division, and the Texas Department of Parks and Wildlife, and prosecuted by Assistant U.S. Attorney Jim Noble.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JORGE PULIDO-HERRERA, a/k/a JORGE LICONA-CERRATO, age 45, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to court records, on or about March 15, 2016, PULIDO-HERRERA was found in the United States after having been officially deported and removed on or about December 8, 1999.
PULIDO-HERRERA faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Carl J. Barbier set sentencing for July 7, 2016.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Haydenville Woman Sentenced for Stealing Social Security BenefitsRead the Press Release
BOSTON – A Haydenville, Mass. woman was sentenced today in U.S. District Court in Springfield to stealing more than $45,000 of her deceased mother’s Social Security benefits.
Shirley Warner, 52, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three years of probation and was ordered to pay $45,491 in restitution to the Social Security Administration and a fine of $1,000.
In July 2010, Warner’s mother died, but her monthly Social Security benefits continued to be directly deposited into a joint bank account in her and Warner’s names. From August 2010 to March 2014, Warner continued to receive her deceased mother’s benefits totaling $45,491.
This case was brought as part of an ongoing effort by the U.S. Attorney’s Office, in partnership with the Social Security Administration, to investigate and prosecute the posthumous fraud of Social Security benefits. In many of these cases, family members, knowing they are not entitled to government benefits, continue to withdraw and spend the funds after a relative has died. In the past year, the U.S. Attorney’s Office has prosecuted several similar cases involving a total of more than $1 million in stolen government money.
Last month, Lynn Medeiros, of New Bedford, was sentenced to four months in prison and ordered to pay restitution for stealing over $60,000 in Social Security benefits by continuing to collect her disabled son’s benefits after he left her custody.
Also last month, Mark Gardner, of Abington, was sentenced to three years of probation and ordered to pay restitution and a fine for stealing $65,311 in Social Security benefits.
United States Attorney Carmen M. Ortiz and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
Hardy County man pleads guilty to unlawful possession of firearmsRead the Press Release
ELKINS, WEST VIRGINIA – Steven Michael Hawley, 28, of Moorefield, West Virginia, pled guilty today to unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Hawley, who has a previous felony conviction in state court in West Virginia, was discovered in unlawful possession of a .40 caliber pistol in April 2015 in Grant County, West Virginia. He was previously convicted of the felony offense of “Unlawful Assault” in the Circuit Court of Hardy County, West Virginia.
Hawley pled guilty today to one count of “Felon in Possession of Firearms.” He faces up to 10 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Paul Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Greenville Man Sentenced for Heroin and Cocaine ConspiracyRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court today, Chief United States District Judge James C. Dever, III, sentenced JOEY OSCAR AUSTIN, JR., 31, of Greenville, North Carolina, to 110 months in prison and 3 years of supervised release for conspiracy to distribute and possess with the intent to distribute heroin and cocaine. AUSTIN previously pled guilty to this charge on February 26, 2016.
In January 2015, the Greenville Regional Drug Task Force began an investigation into AUSTIN’S heroin and cocaine trafficking activities as a result of information gathered during multiple ongoing narcotics investigations. Investigators learned that AUSTIN would travel to Philadelphia, PA, several times a month in rental cars to buy heroin that he would sell in Pitt County. On February 3, 2015, as AUSTIN was traveling from Philadelphia, investigators stopped the rental car in which AUSTIN was the passenger. During the traffic stop, AUSTIN emptied a plastic bag containing an unknown amount of heroin out of the front passenger window. Investigators located 10 boxes of glassine bags in the rental car. The investigation revealed that from 2013 through February 3, 2015, AUSTIN was accountable for the distribution of 367 grams of heroin and 793 grams of cocaine.
The investigation of this case was conducted by the Greenville Regional Drug Task Force. The federal prosecution was handled by Special Assistant United States Attorney Glenn Perry. Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office. Pitt County District Attorney Kimberly Robb has assigned Mr. Perry to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters. Mr. Perry’s assignment to the United States Attorney’s Office has been made possible by grants funded by the Governor’s Crime Commission.
Grants Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – James Garcia, 46, of Grants, N.M., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for violating the federal firearms laws.
Garcia was arrested in July 2014, on a criminal complaint charging him with possession of methamphetamine and being a felon in possession of firearms and ammunition on July 11, 2014, in Bernalillo County, N.M. According to the complaint, when Deputy U.S. Marshals arrested Garcia on an outstanding state warrant, Garcia was in possession of a loaded handgun, ammunition, approximately 5.2 grams of methamphetamine, and drug paraphernalia.
Garcia was subsequently indicted on Feb. 10, 2015, and charged with being a felon in possession of a firearm and ammunition. The indictment alleged that in July 2014, Garcia was prohibited from possessing firearms or ammunition due to prior convictions for aggravated assault against a household member, aggravated assault with a deadly weapon, and false imprisonment.
On Feb. 16, 2016, Garcia pled guilty to the indictment. In entering the guilty plea, Garcia acknowledged that in July 2014, he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Albuquerque offices of the DEA, Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service with assistance from the 2nd Judicial District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorney David M. Walsh.
Georgia Man Convicted of Immigration Fraud for Failing to Disclose Role in Bosnian Prison CampRead the Press Release
Mladen Mitrovic, 54, of Loganville, Georgia, was found guilty by a federal jury of obtaining his U.S. citizenship by providing false and fraudulent information on his naturalization application, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney John Horn of the Northern District of Georgia and Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Atlanta.
Among other things, Mitrovic, who is originally from Bosnia and Herzegovina, failed to disclose his role as a prison guard in a detention camp, which was part of the “ethnic cleansing” that occurred during the Bosnian War from 1992 through 1995. Mitrovic was convicted yesterday and his sentencing is scheduled for Aug. 25, 2016, before U.S. District Judge Amy Totenberg of the Northern District of Georgia.
“This case demonstrates the Justice Department’s continued commitment to denying safe haven to human rights violators,” said Assistant Attorney General Caldwell. “No matter how long it takes, we will pursue justice, protect the integrity of our immigration system and seek accountability for crimes.”
“Mitrovic thought that he could bury his past and the horrific human rights violations he committed during the Bosnian War,” said U.S. Attorney Horn. “A jury saw through his deceit and he will now be held accountable for failing to be truthful during the naturalization process.”
“Human rights violators who think they can conceal their past to escape accountability in the United States are sorely mistaken,” said Special Agent in Charge Annan. “This individual tried to cheat our nation's immigration system by lying about his actions during the Bosnian Civil War. This result shows that HSI is firmly committed to investigating and identifying criminals who seek to exploit our nation’s welcoming policy toward legitimate war refugees.”
According to evidence presented at trial, in 1996, Mitrovic was permitted to immigrate to the United States based on his statements in his refugee application that he feared persecution if he remained in Bosnia. In 2002, he naturalized as an American citizen. The evidence presented at trial also demonstrated that on his naturalization application, Mitrovic stated, among other things, that he had never persecuted anyone because of their race, religion or membership in a social group; he had never committed a criminal offense for which he had not been arrested; and he had never provided any false or misleading information to obtain an immigration benefit, such as refugee status.
In reality, as the trial evidence established, during the Bosnian War, Mitrovic had been a guard in one of the prison camps that the Bosnian Serb Army (VRS) opened in May 1992 to “ethnically cleanse” northwest Bosnia of non-Serb minorities. At trial, one victim testified that Mitrovic had used a sharp military knife to carve a Christian cross into his chest, saying from that moment on, he “was going to be a Serb.” Others testified that Mitrovic and other soldiers beat non-Serb prisoners into unconsciousness or threatened to kill them with automatic rifles. Bosnian government documents also showed that in February 1996, Mitrovic applied for and was later awarded veterans’ benefits for his later military service in the VRS during the Bosnian War. Trial evidence showed that Mitrovic failed to disclose any of this conduct or military service on his refugee and naturalization applications.
HSI investigated this case. Assistant Deputy Chief Christina Giffin of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys William Traynor and Jessica Morris of the Northern District of Georgia are prosecuting the case.
Former Winnebago County Purchasing Director Sally Claaasen Charged with Theft from Winnebago CountyRead the Press Release
ROCKFORD — The former Winnebago County Purchasing Director was charged yesterday in federal court on two counts of theft from a program receiving federal funds. SALLY A. CLAASSEN, 57, of Roscoe, Ill., was an employee of Winnebago County from March 3, 1997, until she resigned on Sept. 11, 2015. Claassen’s job title prior to her resignation was Purchasing Director.
According to the information filed, Claassen was an agent of Winnebago County, a local government that received federal funding. As Purchasing Director, Claassen was responsible for receiving and reviewing invoices submitted by vendors to Winnebago County and submitting payments to vendors. The information alleges that Claassen held a Winnebago County-issued credit card that she was authorized to use to make purchases for official Winnebago County business. Claassen was required to submit invoices and supporting documentation to Winnebago County to demonstrate that items purchased were for Winnebago County business. The information alleges that Claassen also had the ability to purchase items for Winnebago County by requesting that Winnebago County issue a check to a particular vendor. Claassen was required to submit invoices and supporting documentation to Winnebago County to demonstrate that the requested check was to be used to purchase items for Winnebago County business.
The information alleges that for each of the periods of Feb. 24, 2014 through December 31, 2014, and Jan. 1, 2015 through July 1, 2015, Claassen embezzled or stole at least $5,000 from Winnebago County.
The information also seeks forfeiture of all property constituting, and derived from, and traceable to, proceeds obtained, directly or indirectly, as a result of defendant’s alleged violations including approximately $451,353, which includes approximately $292,525 in funds already seized by the United States.
Each count of theft from a program receiving federal funds carries a maximum sentence of up to 10 years’ imprisonment, a fine of up to $250,000, or twice the gross gain or gross loss resulting from that offense, whichever is greater, and full restitution, as well as a period of supervised release following imprisonment of up to 5 years. Claassen remains free on her own recognizance pending an initial appearance and entry of plea set before U.S. District Judge Frederick J. Kapala on June 1, 2016, at 10:30 a.m.
The charges were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
Information
Former Washington DC Resident Sentenced to over Four Years in Prison for Credit Card Skimming SchemeRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Perry Haywood, Jr., age 29, formerly of Washington, D.C., today to 54 months in prison, followed by three years of supervised release, for credit card fraud and aggravated identity theft. Judge Titus also ordered Haywood to pay restitution of $1,700 and to forfeit the computers and skimming devices used in the scheme.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge James Murray of the United States Secret Service - Washington Field Office; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief J. Thomas Manger of the Montgomery County Police Department
According to his plea agreement, on March 18, 2012, Haywood approached a government informant working at a Prince George’s County, Maryland, hotel and asked the informant if she was willing to skim credit cards used for payment at the hotel in exchange for $1,000 per week. After notifying federal law enforcement of Haywood’s solicitation, the informant arranged to meet with Haywood. During that meeting, Haywood explained the skimming operation to the informant and showed her how to use the skimming device. Haywood told the informant that he wanted her to skim 20-25 cards per week, and he would take steps to make it difficult for law enforcement to determine where the cards had been compromised. Haywood advised that he was giving the skimming device he had with him to another co-conspirator and arranged to meet the informant later to provide her with a skimming device.
On March 23, 2012, Haywood met the informant at a coffee shop and gave her a skimming device. He also provided the informant with a pre-paid cell phone to use to contact him. Haywood paid for that phone with a credit card encoded with the name and credit account of Victim #1. The informant, with government permission, used the skimming device to record the credit card information of five hotel customers, then arranged to return the skimming device to Haywood.
On April 2, 2012, Haywood was arrested while attempting to retrieve the skimmer from the informant. At the time of his arrest, Haywood was carrying another skimming device that contained the credit information of 19 additional victims. In addition, Haywood was carrying 11 credit cards encoded with information belonging to 11 separate victims, but which did not match the information that was embossed on the plastic cards themselves. Finally, in Haywood’s rental car, agents located six additional plastic cards, five of which were encoded with information belonging to victims that did not match the information embossed on the cards themselves.
After Haywood’s arrest, agents searched his residence in Washington, D.C., and seized two computers, two additional skimming devices, a device capable of encoding magnetic strips on credit cards, and 31 plastic cards with magnetic strips. Of the 31 cards, eight had been encoded with information, including the information of three additional victims. Subsequent forensic examination determined that one of the computers was loaded with software and drivers to operate a magnetic strip reader/writer and information consistent with credit card track data. Additionally, the computer had been used to access websites selling magnetic strip readers, blank magnetic card stocks, encoders, and embossers. The total actual and attempted loss as a result of Haywood’s fraudulent scheme was between $10,000 and $30,000.
On June 28, 2012, Haywood was released under conditions of pre-trial release, and was allowed to reside with his mother in Atlanta, Georgia. In late September 2012, Haywood failed to report to his supervising pre-trial services officer, and the Court ordered a bond review hearing on October 3, 2012. When Haywood failed to appear for that hearing, the Court issued a warrant for his arrest. On June 17, 2014, Haywood was arrested after he was located by federal authorities in Jacksonville, Florida.
United States Attorney Rod J. Rosenstein praised the U.S. Secret Service – Washington Field Office, HSI Baltimore and Ocean City, and Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Ray D. McKenzie, who prosecuted the case.
Former Employee of Virginia DMV Contractor Pleads Guilty to Participating in Odometer Fraud SchemeRead the Press Release
A Virginia Beach, Virginia, man pleaded guilty for his role in issuing dozens of fraudulent motor vehicle titles, the Department of Justice announced today.
Steven Bazemore, 33, of Virginia Beach, a former employee of the Norfolk Commissioner of Revenue, pleaded guilty on May 26, in U.S. District Court in Norfolk, Virginia, to one count of conspiracy to commit securities fraud. The Norfolk Commissioner of Revenue’s office is a contractor of the Department of Motor Vehicles to conduct select DMV services included titling. Bazemore faces a statutory maximum sentence of five years in prison at his sentencing on Aug. 31.
“This defendant abused his public position to assist a large odometer tampering scheme by issuing fraudulent vehicle titles,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to prosecute individuals who commit and assist others in committing odometer fraud.”
Bazemore admitted that, while employed as a clerk at a DMV Select facility in Norfolk, he knowingly created at least 76 Virginia motor vehicle titles with false, low mileage readings for a co-conspirator who was a licensed salvage dealer. Bazemore issued titles with any false, low mileage reading requested by his co-conspirator, even when the reading was inconsistent with a higher mileage reading on a prior title or in the DMV computer system. Bazemore’s co-conspirator then used the fraudulent titles to sell many of the vehicles for inflated prices.
In exchange for issuing the fraudulent titles, Bazemore received cash payments from his co-conspirator. Bazemore also took steps to hide the odometer fraud scheme. In many instances, Bazemore returned the documents used to procure the fraudulent titles to his co-conspirator rather than retaining the documents in the DMV file system.
This case was investigated by special agents of the Virginia DMV and the National Highway Traffic Safety Administration Office of Odometer Fraud Investigation (NHTSA). NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually and has established a special hotline to handle odometer fraud complaints. Individuals having information relating to odometer tampering should call (800) 424-9393 or (202) 366-4761.
This case is being prosecuted by Trial Attorneys John W. Burke and Jacqueline Blaesi-Freed of the Civil Division’s Consumer Protection Branch with assistance from Assistant U.S. Attorney Alan Salsbury of the U.S. Attorney’s Office for the Eastern District of Virginia.
More information on odometer fraud is available on the NHTSA’s website and tips on detecting and avoiding odometer fraud are available at this page. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Former CEO of Summit Wealth Management Pleads Guilty to Orchestrating a Multi-Million Dollar Fraud SchemeRead the Press Release
ATLANTA – Angelo Alleca, the former CEO of Atlanta, Georgia, based Summit Wealth Management, has pleaded guilty to conspiring with a former business partner to defraud investors of over $35 million dollars. Alleca marketed several funds that were supposed to invest in certain assets/investments, such as hedge funds managed by a professional money manager or mortgage debt. Instead he used the money to pay redemptions to earlier investors, to acquire and operate several businesses, and to pay personal expenses.
“Instead of fulfilling promises of investments, investors were largely swindled out of their money in a Ponzi scheme which directly enriched Alleca,” said U.S. Attorney John Horn. “This case serves as another reminder that investors need to be careful, and do their research when deciding who to trust with their hard-earned money.”
“The guilty plea of Mr. Alleca is the culmination of a lengthy and extensive federal investigation examining the allegations of many years of financial fraud which victimized so many investors out of millions of dollars. It is the FBI’s hope that today’s guilty plea will provide some sense of relief to those victims that have suffered so much by Mr. Alleca’s greed driven criminal conduct,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the indictment, and other information presented in court: From on or about 2004 until 2012, Alleca acted as the President and Chief Operating Officer of Summit Wealth Management, an investment adviser headquartered in Atlanta, Georgia. During that time, Alleca started several funds and falsely misrepresented that money would be invested in hedge funds and debt securities and managed by professional investment managers.
Instead of investing the money as advertised, Alleca allegedly lost a substantial portion of the funds through securities trading. In addition, Alleca improperly used the funds to operate Summit Wealth Management, make interest payments and redemptions to earlier investors, and to pay personal expenses. During the course of the scheme, fraudulent account statements were mailed to investors showing gains, when there was no money in the funds.
In 1997 Alleca and Mark Morrow, a co-defendant in the case, and Alleca’s former business partner, formed Summit Capital Trading, a registered investment advisor and broker dealer in New York and Ohio. Alleca led the Buffalo, New York office and Morrow ran the Cincinnati and Cleveland, Ohio offices.
In 2007, Morrow established Detroit Memorial Partners LLC, which sold promissory notes to acquire and manage cemeteries in Michigan.
Between 2007 and 2012, Morrow and Alleca marketed promissory notes in Detroit Memorial Partners to Summit Wealth clients in Atlanta, and throughout the country. Detroit Memorial Partners offered documents which contained material misrepresentations, including that the notes would be secured by real property. In fact, no security interest was ever recorded with respect to the notes. Moreover, shortly after receiving the note proceeds, Alleca and Morrow, diverted funds for improper purposes including, making interest payments and redemptions to investors in Summit Wealth Management funds and personal expenses. The indictment alleges that as a result of their fraud schemes, over 300 investors lost over $35 million dollars invested in the Summit Funds and Detroit Memorial Partners LLC.
Sentencing for Angelo Alleca, 46, of Buffalo, New York, is scheduled for August 4, 2016 at 2:00 p.m., before United States District Judge Leigh Martin May.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey Brown is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga
Federal Jury Convicts Indiana Man of Bringing Guns Across the Border into Illinois and Illegally Selling Them on the Streets of ChicagoRead the Press Release
CHICAGO — An Indiana man has been convicted of unlawfully dealing firearms after purchasing guns from licensed dealers in Indiana and selling them to gang members on the West Side of Chicago.
In the fall of 2013 WILLIE LEE BILES JR. made multiple trips on a Megabus to Chicago from his home in Indianapolis, each time bringing with him a gym bag full of handguns. Biles had legally purchased more than 30 firearms from licensed dealers in Indiana.
Once in Chicago, Biles would sit on the porch of a residence on the city’s West Side and sell firearms to individuals for two to three times the price that Biles had paid for them. Biles never asked any of his customers for identification, and he failed to verify whether they could legally possess firearms. At least one of his customers was a convicted felon who could not legally possess a firearm.
Seven of the firearms Biles sold were later recovered by law enforcement in the Chicagoland area.
The jury yesterday convicted Biles, 44, of willfully dealing firearms without a license. The charge carries a maximum sentence of five years in prison and a fine of up to $250,000. U.S. District Judge Sara L. Ellis scheduled a sentencing hearing for Nov. 16, 2016, at 10:30 a.m.
The convicted felon to whom Biles sold four guns was previously imprisoned in the case. OTTO LEWELLEN, of Bellwood, pleaded guilty last year to one count of being a felon in possession of a firearm. Lewellen admitted in a plea agreement that he purchased four firearms from Biles. Authorities recovered two revolvers, but Lewellen said he sold the two other guns to a man he knew only as “Red.” Officials have not been able to locate Red or the two guns. Judge Ellis last year sentenced Lewellen to 18 months in prison.
The verdict was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Jeffery Magee, Special Agent in Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The investigation was conducted with the Chicago High Intensity Drug Trafficking Task Force (HIDTA). Substantial assistance was provided by the Illinois State Police, Chicago Police Department, Bellwood Police Department and ATF Indianapolis Field Division.
The government is represented by Assistant U.S. Attorneys Christopher V. Parente and Elizabeth R. Pozolo.
Federal Jury Convicts Former Supervisory Customs and Border Protection Officer in Alien Smuggling ConspiracyRead the Press Release
United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Assistant Special Agent in Charge Mario Bellamy, (ASAC) Las Cruces, announced today, a federal jury in El Paso found Lawrence Madrid guilty of conspiracy to commit alien smuggling for financial gain, aiding and abetting alien smuggling for financial gain, and two substantive counts of accepting a bribe.
According to court records, from August 2010 to September 2011, 55-year-old Madrid, a former Supervisory Customs and Border Protection Officer, conspired to encourage/induce undocumented aliens to come to, enter, and reside in the United States without proper authorization. As his part of the conspiracy, Lawrence Madrid accepted money for using his official position to allow undocumented aliens to be smuggled through the ports of entry in El Paso. In addition, the federal jury found that on two separate occasions Madrid accepted money to allow an undocumented alien to enter the United States without proper authorization through the pedestrian lanes of a port of entry.
Madrid was immediately remanded to the custody of the U. S. Marshals and is set for sentencing on August 16, 2016.
This case was investigated by the Homeland Security Investigations (HSI) Las Cruces Office together with the Department of Homeland Security Office of Inspector General Investigations. Assistant United States Attorneys Greg McDonald and Robert Almonte prosecuted this case on behalf of the Government.
Federal Grand Jury Returns Indictment Charging Tom Begaye, Jr., with Murder, Kidnapping and Aggravated Sexual Assault ChargesRead the Press Release
ALBUQUERQUE – A federal grand jury has returned a six-count indictment that charges Tom Begaye, Jr., 27, with murder, kidnapping and aggravated sexual abuse offenses arising out of the alleged abduction and murder of an 11-year-old Navajo child on May 2, 2016. U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety announced the filing of the indictment.
Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., was arrested on May 4, 2016, on a criminal complaint charging him with kidnapping and murdering an 11-year-old Navajo child. He has been in federal custody since that time.
The indictment, which was filed on May 24, 2016 and publicly posted this afternoon, charges Begaye with the following six offenses: first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor. The indictment alleges that Begaye killed a victim, identified as a female child under the age of 12 years, by striking her with a tire iron. It further alleges that Begaye caused the victim’s death while kidnapping the victim and sexually assaulting her. The indictment also alleges that Begaye kidnapped a second victim, identified as a male child under the age of 18 years. According to the indictment, Begaye committed the six crimes on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M.
A hearing for Begaye’s arraignment on the indictment has yet to be scheduled.
The statutory penalty for a conviction on each of the first five counts of the indictment is a sentence of mandatory life imprisonment. The statutory penalty for the sixth count, the kidnapping of a minor charge, is a mandatory minimum of 20 years and a maximum sentence of life imprisonment. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department. Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting the case.
The case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Begaye Indictment
Federal Charges Filed in Armed Robbery at Park City Liquor StoreRead the Press Release
WICHITA, KAN. – Federal charges were filed Thursday in Wichita against two men accused of trying to rob a Park City liquor store where a store employee shot one of them and held the other at gunpoint until police arrived, Acting U.S. Attorney Tom Beall said.
A criminal complaint filed in U.S. District Court in Wichita charged Roland Donnell Ross, 28, Wichita, Kan., and Michael Ray Phillips, 37, Wichita, Kan., with one count of commercial robbery and one count of brandishing firearms during the robbery.
An investigator’s affidavit alleges that on May 24 the two men were carrying guns when they tried to rob MGS liquor at 6200 N. Broadway in Park City, Kan. A store employee said when one of the robbers asked him if he was ready to die the employee grabbed a gun he had in the store and fired two shots. One robber, identified later as Phillips, ran from the business and escaped. The store employee forced the other robber, identified later as Ross, to put his gun down. The employee held Ross at gunpoint until the police came.
On May 25, Phillips was admitted to Saint Luke’s Hospital in Kansas City, Mo., with a wound to the chest. He claimed he had been injured by falling on a stick, but an examination revealed he had been shot.
If convicted, the defendants face a penalty of up to 20 years in federal prison and a fine up to $250,000 on the robbery charge and a penalty of not less than seven years consecutive to the underlying sentence on the brandishing charge. The Park City Police Department, the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
East Saint Louis Man Pleads Guilty to Firearm OffenseRead the Press Release
The Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today that James Antwon Johnson, 24, of East Saint Louis, Illinois, pled guilty to a firearm offense in the U.S. District Court in East Saint Louis, Illinois. Johnson was charged with Unlawful Possession of a Firearm by a Convicted Felon. The charge carries a maximum penalty of ten years in prison, a $250,000 fine, and three years of supervised release. Sentencing is set for September 13, 2016.
Court records indicate that on December 18, 2015, Johnson unlawfully possessed a 7.62 caliber, SKS-style, semi-automatic rifle and ammunition after having been previously convicted of the felony of the Unlawful Delivery of a Controlled Substance While Located within 1,000 Feet of a Park in Madison County, Illinois.
The case was investigated by the East Saint Louis Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorney William E. Coonan and Special Assistant U.S. Attorney Emily J. Wasserman.
Department of Justice and Federal Trade Commission Sign Cooperation Agreement with Peru’s Antitrust AgencyRead the Press Release
The Department of Justice and the Federal Trade Commission (FTC) signed an antitrust cooperation agreement today with Peru’s National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI). The agreement will promote increased cooperation and communication among the competition agencies in both countries. The agreement was signed in Washington, D.C., by Principal Deputy Assistant Attorney General Renata Hesse, head of the Justice Department’s Antitrust Division, Chairwoman Edith Ramirez of the FTC, and Chairman Hebert Tassano of INDECOPI, and went into effect upon signature.
“Markets in the United States and Peru, and throughout the Americas, are increasingly linked,” said Principal Deputy Assistant Attorney General Hesse. “In this environment, international cooperation on antitrust enforcement is vital to protecting our economies against threats to competition. We have longstanding ties to competition enforcers in Peru, and this agreement strengthens the tools we have to work together to provide our businesses and consumers with the benefits of open and competitive markets.”
“We have been partners with INDECOPI since its inception and are delighted to further enhance our already strong relationship through this agreement,” Chairwoman Ramirez said. “This agreement embodies the commitment to cooperation that has existed between the U.S. agencies and INDECOPI, and will facilitate cooperation to protect the competitive marketplaces that benefit consumers in both of our countries as well as in this hemisphere.”
Highlights of the new agreement include the following:
- mutual acknowledgment of the importance of antitrust cooperation, including potential coordination when pursuing enforcement activities on related matters;
- an agreement to consider the important interests of the other country’s competition authority throughout all phases of their enforcement activities;
- establishment of a framework for communication, consultation and technical assistance among the agencies; and
- a commitment to maintain the confidentiality of any information provided by the other agency.
The U.S. antitrust agencies and INDECOPI have developed a strong working relationship since INDECOPI’s inception in 1993, exchanging views on antitrust policy and, as appropriate, cooperating on investigations. Today’s agreement will further enhance these relations.
The agreement with INDECOPI is the U.S. antitrust agencies’ fifth antitrust cooperation arrangement in Latin America, following those reached with Brazil (1999), Mexico (2000), Chile (2011), and Colombia (2014).
Deming Woman Sentenced to Ten Years for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Norma Patricia Rivera, 40, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for her methamphetamine trafficking conviction.
Rivera was arrested in May 2015, on a criminal complaint charging her with possession of methamphetamine with intent to distribute. The complaint alleged that Rivera committed the crime in Luna County, N.M., on May 20, 2015. According to the complaint, Homeland Security Investigations (HSI) agents executed a state court search warrant at a residence in Luna County and seized 722.9 grams of a methamphetamine mixture in liquid and crystal form.
Rivera was subsequently charged in a two-count indictment on Aug. 19, 2015, with distributing methamphetamine in Doña Ana County, N.M., on July 17, 2014, and possession of methamphetamine with intent to distribute in Luna County on May 20, 2015.
On Oct. 15, 2015, Rivera pled guilty to the indictment. In entering the guilty plea, Rivera admitted selling 162.18 grams of methamphetamine to a person working with law enforcement officers in Las Cruces on July 17, 2014, Rivera also admitted that she possessed liquid and crystal methamphetamine in Deming on May 20, 2015, and that she intended to sell the drugs to others.
This case was investigated by the Deming office of HSI, the Las Cruces office of the FBI, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the Deming Police Department, with assistance from the 6th Judicial District Attorney’s Office. Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Delaware Repeat Offender Sentenced to 15 Years in Prison for Receiving Child PornographyRead the Press Release
WILMINGTON, Del. – A Delaware man was sentenced yesterday to 180 months in prison for receipt of child pornography, announced U.S. Attorney Charles M. Oberly III of the District of Delaware.
Eric Aldrich, 25, of Milford, Delaware, previously pleaded guilty to one count of receipt of child pornography. U.S. District Judge Leonard P. Stark of the District of Delaware presided over today’s sentencing.
At sentencing, the court found that Aldrich has a prior conviction in Delaware for dealing in child pornography and as part of his federal offense, he possessed over 600 images of child pornography, including material involving prepubescent minors and sadistic or masochistic conduct.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware Internet Crimes Against Children Task Force investigated this case. Trial Attorney Leslie Williams Fisher of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Edmond Falgowski of the District of Delaware prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Defendants Charged with Agreeing to Launder Proceeds of Illegal ActivityRead the Press Release
Alan Koslow, 62, a Hollywood, Florida attorney and lobbyist, and Susan Mohr, 57, of Delray Beach, Florida were charged in an Information with conspiracy to commit an offense against the United States, in violation of Title 18, United States Code, Section 371, by agreeing to launder what they believed to be the cash proceeds of illegal activity.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Mohr will be surrendering to face the charges on May 31, 2016, and Koslow will be surrendering on June 2, 2016, both before United States Magistrate Judge Barry S. Seltzer in Fort Lauderdale.
The Information alleges that beginning in November 2012, Alan Koslow met with two undercover agents from the FBI. During the course of several meetings that followed, the undercover agents explained to Koslow, and later to Mohr, their need to launder cash being generated from an illegal gambling business and from the unlawful sale of narcotics and counterfeit Viagra. Koslow and Mohr agreed to accept the cash and then provide checks to the agents, for the amount of the cash minus a five percent fee, drawn on the business bank account of “Mohr2GoGifts,” a business owned by Mohr and located in Fort Lauderdale, Florida. Pursuant to this agreement, on several occasions Koslow accepted cash from the undercover agents who thereafter received cashiers’ checks and business checks from Mohr equal to the amount of the cash minus the five percent fee.
The law firm that employed Koslow was not involved in any of the alleged criminal activity.
The defendants each face a maximum statutory term of imprisonment of 5 years and a $250,000 fine.
Mr. Ferrer commended the investigative efforts of the FBI. The case is being prosecuted by Senior Litigation Counsel Neil Karadbil.
An information is merely an allegation and every defendant is presumed innocent until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Convicted Sex Offender Sentenced for Possessing Firearms and AmmunitionRead the Press Release
Ocala, Florida – Senior United States District Judge Wm. Terrell Hodges has sentenced Larry Garfield Letterman (63, Wildwood) to 48 months in federal prison for possessing firearms and ammunition as a convicted felon.
According to the plea agreement, Letterman met with a confidential informant in October and November 2015, during which he sold the informant three firearms and ammunition, including an AR-15 rifle. On December 15, 2015, federal agents executed a search warrant at Letterman’s residence. They recovered an AK-47 rifle, a shotgun, a handgun, and more than 260 rounds of ammunition.
Letterman admitted to possessing the firearms and ammunition and also stated that he had multiple prior felony convictions, including possessing a firearm as a convicted felon, burglary, and sodomy of a male less than fourteen years of age. As a previously convicted felon, Letterman is prohibited from possessing firearms and ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Convicted Felon Indicted for Illegally Possessing AmmunitionRead the Press Release
SYRACUSE, NEW YORK – Hanza Muhammad, 25, of North Syracuse, NY was indicted for being a convicted felon in possession of ammunition, announced United States Attorney Richard S. Hartunian.
The indictment alleges that on March 26, 2016, Mr. Muhammad, a previously convicted felon, was in possession of twenty-five rounds of .32 caliber pistol ammunition. The charge carries a maximum sentence of 10 years in prison, a fine of up to $250,000 and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Mr. Muhammad appeared in court on May 23, 2016 in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks, subsequent to his arrest. Following a hearing, the defendant was ordered detained without bail pending a trial scheduled for July 18, 2016.
This case is being investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.
Connecticut Man Sentenced for Possessing Marijuana & $1 Million in Drug MoneyRead the Press Release
BOSTON – A Connecticut man was sentenced today in U.S. District Court in Springfield in connection with distributing marijuana.
Connor Cipolla, 31, of Granby, Conn., was sentenced by U.S. District Court Judge Mark G. Mastroianni to one year and one day in prison, three years of supervised release, and a fine of $15,000. In February 2016, Cipolla pleaded guilty to one count of possession with intent to distribute marijuana involving between 100 and 400 kilograms of marijuana.
In October 2014, Cipolla drove to his storage locker at Uncle Bob’s Storage in Agawam. While there, he saw federal agents conducting a search of another locker. Mistakenly believing that agents were searching his locker, Cipolla immediately fled by car, eventually abandoning his car in an effort to evade police. Agents later obtained a search warrant for Cipolla’s storage locker and discovered over $1 million in cash and 111 pounds of marijuana.
United States Attorney Carmen M. Ortiz; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Agawam Police Chief Eric Gillis; and Southwick Police Chief David A. Ricardi, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
Cleveland man faces drug and firearms chargesRead the Press Release
A Cleveland man was indicted in federal court for possessing with intent to distribute crack cocaine and being a felon in possession of a firearm, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.
Juan J. Hiraldo, 26, possessed approximately 26 grams of cocaine base (crack) and a Kahr .40 Caliber pistol with ammunition on May 3. Hiraldo had previously been convicted ason and domestic violence in Cuyahoga County Court of Common Pleas, according to the indictment.
The case is being prosecuted by Assistant United States Attorney Marisa T. Darden following an investigation by the Lakewood Police Department and the Northern Ohio Law Enforcement Task Force.
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.
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.
Citrus County Man Sentenced to More Than 11 Years for Distributing Child PornographyRead the Press Release
Ocala, Florida – Senior United States District Judge Wm. Terrell Hodges has sentenced Alan Kenneth Thompson, Jr. (33, Crystal River) to 11 years and 4 months in federal prison for distributing child pornography.
According to court documents, agents from U.S. Customs Enforcement’s Homeland Security Investigations determined that Thompson had been using a mobile app to post and receive images depicting child pornography online. The agents tracked the activity to Thompson’s residence. On September 10, 2015, a search warrant was executed at the residence and a cellphone and two laptop computers were seized. More than 4,500 images and 84 video files depicting child pornography were identified during forensic analyses of Thompson’s devices.
During an interview with law enforcement, Thompson admitted that he had been receiving and distributing child pornography, including some in which the victims were only four or five years old. Thompson further stated that he recently had begun to take non-pornographic photographs of neighborhood children without their knowledge, including more than 3,000 images of a minor girl.
“This criminal had thousands of horrible images, each of which represented an atrocious crime on a child,” said Susan L. McCormick, special agent in charge of HSI Tampa. “This sentencing should stand as a warning to child predators that you will be held accountable for your crimes.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Citizen of Mexico Pleads Guilty to Immigration ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a Mexican citizen for violating the immigration laws of the United States.
Aureliano Valentin-Concepcion, a.k.a. “Jose Ramerez-Monteicia,” 36, of Mexico, pled guilty today in the United States District Court for the Western District of Virginia in Roanoke to one count of illegally reentering the United States after previously being removed.
“We will continue to enforce the immigration laws of the United States and remove those individuals who repeatedly break those laws,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney C. Patrick Hogeboom III, Valentin-Concepcion has been removed from the United States three times previously, most recently on August 23, 2000 from El Paso, Texas.
The investigation of the case was conducted by the Department of Homeland Security, Enforcement and Removal Operations. Assistant United States Attorney C. Patrick Hogeboom III prosecuted the case for the United States.
Child Pornography Charge Brought Against Philadelphia ManRead the Press Release
PHILADELPHIA - Thomas C. Rambo, 37, of Philadelphia, PA, was charged today by Indictment with accessing child pornography with intent to view, announced United States Attorney Zane David Memeger. According to the indictment, on May 31, 2015, Rambo viewed images of child pornography on an internet website.
If convicted the defendant faces a maximum possible sentence of 100 years’ incarceration, a minimum of five years of supervised release up to a lifetime of supervised release, a $1,250,000 fine and a $500 special assessment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. The case was investigated by DHS Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Andrew J. Schell.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Chaves County Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Abel Montoya, 53, of Lake Arthur, N.M., pled guilty late yesterday afternoon in Las Cruces, N.M., federal court to violating the federal firearms laws. Under the terms of his plea agreement, Montoya will be sentenced to 36 months in federal prison followed by a term of supervised release to be determined by the court.
Montoya was arrested on Oct. 21, 2015, on a criminal complaint charging him with being a felon in possession of a firearm on Feb. 27, 2014. On that day, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant at Montoya’s residence and seized two firearms.
Montoya was subsequently indicted on Jan. 20, 2016, and charged with being a felon in possession of a firearm. At the time, Montoya was prohibited from possessing firearms or ammunition because he previously had been convicted of cocaine trafficking and possession of methamphetamine.
During yesterday’s change of plea hearing, Montoya pled guilty to the indictment and admitted that on Feb. 27, 2014, he possessed two firearms, one of which had an obliterated serial number. Montoya acknowledged that he was prohibited from possessing firearms because of his status as a convicted felon.
Montoya remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the PVDTF with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Randy M. Castellano is prosecuting the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Brewster Man Sentenced for Assaulting a Park Ranger on Cape Cod BeachRead the Press Release
BOSTON – A Brewster man was sentenced today in U.S. District Court in Boston for assaulting a Park Ranger on a Cape Cod National Seashore beach in Eastham, Mass.
Donald L. Savage, 57, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 27 months in prison and three years of supervised release. In February 2016, Savage was convicted by a federal jury of assaulting a federal officer.
On June 6, 2015, Savage and his wife requested permission to park in a restricted lot at Coast Guard Beach, which is part of the Cape Cod National Seashore in Eastham. Park attendants granted Savage permission to park for 10 minutes, and instructed him not to go on the protected beach. After 30 minutes, Savage had not left the beach and the gate attendants requested assistance from a Park Ranger. When the Ranger arrived and spoke with Savage, he refused to provide identification despite repeated requests. Savage became hostile and the Ranger requested that he sit on the ground. Eventually, Savage provided a driver’s license, but after a few minutes of sitting he got up and began a physical altercation with the Ranger. During the altercation, which was captured on the Ranger’s body camera, Savage bit the Ranger’s right ring finger causing a significant injury. The Ranger drew his Taser and ordered Savage to the ground. After sitting on the ground for five minutes, Savage got up and again physically confronted the Ranger at which point the Ranger tased Savage. Within minutes, additional law enforcement officers arrived.
United States Attorney Carmen M. Ortiz; Leslie Reynolds, Chief Ranger of Cape Cod National Seashore; and Eastham Police Chief Edward Kulhawik, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz’s Major Crimes Unit.
Berkeley County Sheriff’s deputies to carry naloxoneRead the Press Release
MARTINSBURG, WEST VIRGINIA – The Berkeley County, West Virginia Sheriff’s Department is embracing a new resource that will enhance efforts to reduce the number of drug overdose deaths in the region, United States Attorney William J. Ihlenfeld, II, announced.
Deputies in Berkeley County will soon be trained and equipped to utilize naloxone, a medication that reverses overdoses resulting from heroin, prescription painkillers, and other opioids. As part of the program, all deputies will be trained how to quickly identify the symptoms of an opioid overdose, how to administer naloxone, and how to protect fellow officers that might be exposed to opioid drugs in the field.“The use of naloxone by Berkeley County deputies will save lives and allow for critical prevention, education, and treatment resources to be provided to individuals who are battling addiction,” noted U.S. Attorney Ihlenfeld. “Providing law enforcement with the knowledge and the tools needed to reverse overdoses will reduce the time between when an overdose victim is discovered and when they receive lifesaving assistance.”
Opioids cause death by slowing, and eventually stopping, the person’s breathing. When administered, naloxone restores respiration within two to five minutes, and may prevent brain injury and death. Naloxone works on overdoses caused by opioids, which includes prescription painkillers and street drugs like heroin. Naloxone, sometimes referred to as Narcan, has no potential for abuse.
Law enforcement agencies and community organizations interested in learning more about naloxone or scheduling training sessions regarding the legal framework surrounding it are encouraged to contact the United States Attorney’s Office at (304) 234-0100.
Austin Businessman Found Guilty in Fraudulent Tax Return CaseRead the Press Release
In Austin today, 48-year-old Sean James Hager was found guilty on three counts of aiding and assisting the preparation of false tax returns announced United States Attorney Richard L. Durbin, Jr., and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge William Cotter. Hager was also found guilty of two counts of mail fraud, two counts of wire fraud and one count of money laundering.
A jury sitting before U. S. District Judge Lee Yeakel found Hager guilty of fraudulently reporting his total income to a tax preparer for tax years 2008, 2009, and 2010. According to court records, Hager was employed by Velocity Electronics to locate computer parts for resale to Dell Computer. Unbeknownst to Velocity, Hager and his wife also operated Echt Electronics, LLC, through which he acquired and sold computer parts to Velocity at a significant mark up. Hager provided to his tax preparer for reporting to IRS only the W-2s he received from Velocity, and failed to report the income received from Echt Electronics. As a result, he caused and assisted the preparation of false tax returns to the IRS.
“The sum of all parts on Sean Hager’s theft from his employer and cheating on his taxes is simple – guilty on all counts,” said William Cotter, IRS Criminal Investigation Special Agent in Charge. “Taxpayers deserve our vigilance in the investigation and prosecution of allegations of those who hide income and evade the payment of their fair share of taxes.”
Hager is scheduled for sentencing August 19, 2016.
This case was investigated by the IRS-CI. Assistant United States Attorneys Alan Buie and Elizabeth Cottingham prosecuted this case on behalf of the Government.
#####
Atchinson Man Pleads Guilty to Kidnapping, Killing 5-Year-Old GirlRead the Press Release
KANSAS CITY, KAN. – An Atchison man pleaded guilty Thursday to federal charges of kidnapping and killing a 5-year-old girl. The charges carry a penalty of life in prison, Acting U.S. Attorney Tom Beall and Leavenworth County Attorney Todd Thompson said.
Marcas McGowan, 32, Atchison, Kan., pleaded guilty to one count of kidnapping resulting in death, and one count of discharging a firearm during a crime of violence. In his plea, he admitted that on July 18, 2014, he shot and killed the girl after he kidnapped her and exchanged gunfire with police.
The incident began with a domestic dispute between McGowan and his girlfriend, Christina Harris, the mother of the 5-year-old victim. During the argument McGowan threatened Harris with a gun and she called 911. McGowan put Harris’ daughter in his car and drove away as police arrived.
Police pursued McGowan as he drove through downtown Atchison, across the river into Missouri and then back to Leavenworth, Kan., at speeds up to 95 miles an hour. While fleeing from law enforcement, McGowan fired his gun at the officers. On a highway near the northwest corner of Leavenworth he crashed through a barricade and stopped the car. When he got out of the car, he ignored police orders to drop the weapon. The officers returned fire and shot McGowan, who eventually stopped pointing his gun at the officers.
In the car, police found the girl dead from a gunshot wound. Forensic evidence revealed McGowan had shot her at close range with a 9 mm handgun while she was in the car.
Sentencing is set for Sept. 6. Both parties have agreed to recommend a sentence of life on the kidnapping charge, which is the statutory minimum penalty. The firearm count requires a statutory minimum penalty of 10 years consecutive to the other sentence.
Leavenworth County Attorney Todd Thompson was appointed as a Special Assistant U.S. Attorney for the purpose of the federal prosecution. Beall commended Thompson, the Atchison Police Department, the Platte County (Mo.) Sheriff’s Office, the Weston (Mo.) Police Department, the Leavenworth Police Department, the Kansas Bureau of Investigation, the FBI, and Assistant U.S. Attorney Scott Rask for their work on the case.
Assistant U.S. Attorney Wins Meritorious Service AwardRead the Press Release
NEWARK, N.J. – U.S. Attorney Paul J. Fishman announced that Assistant U.S. Attorney Melissa L. Jampol will be recognized by the New Jersey Women In Law Enforcement Inc. (NJWLE) with a 2016 Meritorious Service Award at a ceremony today at the organization’s annual conference in New Brunswick.
“I am proud to celebrate this extremely talented member of our staff,” said U.S. Attorney Fishman. “And I’m delighted that NJWLE recognizes the important contributions our office makes to law enforcement.”
Jampol was honored for her exceptional achievement in carrying out her duties. Since joining the U.S. Attorney’s Office in 2005, she has served with distinction in the office’s Violent Crimes Unit, Organized Crime & Gangs Unit, and the Health Care and Government Fraud Unit. She is being recognized for her excellent advocacy and litigation skills and her unwavering dedication to justice.
Jampol led the prosecution team that obtained the 2015 convictions of Carolyn Jackson and John E. Jackson for subjecting the three young, developmentally delayed children that they fostered and adopted to an ongoing course of physical abuse, cruelty, malnourishment, and neglect. Jampol has investigated and prosecuted numerous members of the Fruit Town and Brick City Brims Sets of the Bloods Street gang in northern New Jersey for racketeering, conspiracy to commit murder, and distribution of narcotics. She has also prosecuted a multimillion-dollar health care fraud scheme carried out by a blood laboratory company, which paid doctors bribes in exchange for patient referrals and for ordering unnecessary tests.
Founded in 2004, the NJWLE is a professional organization of both men and women who work together to strengthen public recognition of the unique contributions of women to the profession of law enforcement through the celebration of diversity and collaborative leadership.
Armed Crack Cocaine Trafficker SentencedRead the Press Release
PROVIDENCE, R.I. – Marcus E. Johnson, 44, of Fall River, Mass., was sentenced on Wednesday to 92 months in federal prison for being a felon in possession of a firearm and trafficking crack cocaine, announced United States Attorney Peter F. Neronha and Harold H. Shaw, Special Agent in Charge of the Boston Field Office of the FBI.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Johnson to serve 4 years supervised release upon completion of his prison term. Johnson, arrested by members of the R.I. FBI Safe Streets Task Force on March 26, 2014, pleaded guilty on February 1, 2016, to one count each of being a felon in possession of a firearm and distribution of 28 grams or more of crack cocaine.
At the time of his guilty plea, Johnson admitted to the court that on October 25, 2013, he sold a .22 caliber handgun to an individual working on behalf of the FBI Safe Street Task Force for $600. Additionally, Johnson admitted to the court that between August 30, 2013, and March 3, 2014, he sold at total of 150.89 grams of crack cocaine to an individual working on behalf of the FBI Safe Street Task Force in exchange for $7,300.
Johnson has been detained in federal custody since his arrest on March 26, 2014.
Providence Police assisted the R.I. FBI Safe Streets Task Force in the investigation of this matter.
The case was prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
###
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Allenwood Federal Prison Inmate Charged with Threatening Federal OfficialRead the Press Release
WILLIAMSPORT - The United States Attorney for the Middle District of Pennsylvania announced today that charges have been filed against Dakota Gardner who is currently confined at the U.S. Penitentiary, Allenwood, Pennsylvania.
According to United States Attorney Peter Smith, Gardner, age 25, is charged in a six-count Indictment with threatening to harm a prosecutor who previously brought charges against him, as well as threatening the prosecutor’s family and making additional threats against the President and other government officials. The threats were communicated in a series of letters written by Gardner in 2015 and 2016 that were intercepted by prison officials.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Geoffrey W. MacArthur has been assigned to prosecute the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines. In this case, the maximum penalty under the federal statutes is 70 years imprisonment, a term of supervised release following imprisonment, and a fine of $1,500,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
# # #
Albuquerque Resident Sentenced to 80 Months for Federal Conviction Arising Out of January 2015 Pharmacy RobberyRead the Press Release
ALBUQUERQUE – Joseph Montano, 23, of Albuquerque, N.M., was sentenced today in federal court to 80 months in prison followed by three years of supervised release for his conviction arising out of a pharmacy robbery in Jan. 2015. Montano was also ordered to pay $1,831 in restitution to the pharmacy.
Montano’s sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, Chief Gorden Eden, Jr., of the Albuquerque Police Department, and Chief Pete N. Kassetas of the New Mexico State Police.
Montano and his co-defendant Victor Hurtado, 21, also of Albuquerque, were charged in April 2015 with crimes arising from the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. The indictment alleged that the two men (1) violated the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandished a firearm during a crime of violence; (3) violated the Controlled Substance Registrant Act by robbery involving controlled substance; (4) violated the Safe Doses Act by theft of medical products; and (5) possessed Oxycodone with intent to distribute.
On Jan. 19, 2016, Montano pled guilty to violating the Hobbs Act by interfering with interstate commerce by robbery and violence, violating the Controlled Substance Registrant Act by robbery involving controlled substances, violating the Safe Doses Act by theft of medical products and possession of Oxycodone with intent to distribute. Montano admitted that on Jan. 6, 2015, he acted as a lookout while his accomplice jumped over the pharmacy counter at the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque, pointed a firearm at pharmacy employees and bagged bottles of Oxycodone pills. Montano further admitted that he and his accomplice intended to distribute the controlled substances to other individuals and that the replacement value to Smith’s Pharmacy for the stolen pills is approximately $1,831.00.
On July 1, 2015, co-defendant Hurtado pled guilty to robbing a commercial business engaged in interstate commerce; brandishing a firearm during a crime of violence, and possession of Oxycodone with intent to distribute. Hurtado also pled guilty to possession of methamphetamine with intent to distribute, and admitted that he was arrested on state charges on March 5, 2015, after the New Mexico State Police found 54 grams of heroin and 133 grams of methamphetamine in the vehicle Hurtado was driving. Hurtado was sentenced on Dec. 11, 2015, to 141 months in federal prison followed by three years of supervised release. Hurtado was also ordered to pay restitution to the pharmacy.
This case was investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, the Albuquerque Police Department and the New Mexico State Police, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The case was prosecuted by Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The case was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
This case also was prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albuquerque Man Sentenced to Seven Years in Federal Prison for Firearms and Counterfeiting ConvictionRead the Press Release
ALBUQUERQUE – Phillip Pacheco, 30, of Albuquerque, N.M., was sentenced this morning in federal court to 84 months in federal prison for being a felon in possession of firearms and counterfeiting U.S. securities. Pacheco will be on supervised release for three years after completing his prison sentence.
Pacheco was indicted on May 28, 2015, and charged with being a felon in possession of firearms and counterfeiting U.S. securities on July 1, 2013, in Bernalillo County, N.M. At the time, Pacheco was prohibited from possessing firearms because he previously had been convicted of marijuana trafficking, armed robbery, conspiracy to commit armed robbery, aggravated assault with a deadly weapon and being a felon in possession of a firearm.
Pacheco was arrested in Aug. 2015, after he was transferred to federal custody from state custody where he was being held on related state charges. The state charges have since been dismissed in favor of federal prosecution.
On Feb. 23, 2016, Pacheco pled guilty to the indictment. In entering the guilty plea, Pacheco admitted that on July 1, 2013, he possessed three firearms even though he was prohibited from possessing firearms because of his status as a convicted felon. Pacheco further admitted that he fraudulently made 147 counterfeit Federal Reserve Notes with a total face value of $9,820.00.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh prosecuted the case.
Alabama Man Pleads Guilty in Government Mischarging InvestigationRead the Press Release
Gulfport, Miss – Randy Mitchell Wilson, 63, of Grand Bay, Alabama, pled guilty on Tuesday, May 24, 2016, to one count of making a materially false and fraudulent statement to government agents, U.S. Attorney Gregory K. Davis announced.
Randy M. Wilson, a former Director of Manufacturing Services at Huntington Ingalls Industries ("HII"), in Pascagoula, Mississippi, pled guilty to intentionally making a false and material statement, in March of 2014, to special agents of the U. S. Navy, Naval Criminal Investigative Service, and the U. S. Coast Guard for the purpose of misleading the agents, when he was questioned as to his knowledge regarding an ongoing investigation relating to government mischarging at HII.
Wilson will be sentenced on August 23, 2016, at 10:00 a.m., by Chief U. S. District Judge Louis Guirola. He faces a maximum sentence of 5 years in prison and a $250,000 fine.
This case was investigated by Special Agents of the Naval Criminal Investigative Service, Defense Criminal Investigative Service, and the U.S. Coast Guard. Assistant U.S. Attorney Andrea Jones is prosecuting the case.
Airgas Doral, Inc. Sentenced for Hazmat Transportation Permit Violations and Ordered to Pay RestitutionRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Marlies Gonzalez, Special Agent in Charge, Department of Transportation (DOT-OIG), Office of Inspector General, announced that Airgas Doral, Inc. (Airgas Doral) was sentenced today by United States District Judge Robert N. Scola, Jr., to a $4,300,000 criminal fine, two years organizational probation, with a special condition of a hazardous materials compliance program, including an independent monitor and periodic reporting, and was ordered to pay a total of $2,700,000 in restitution ($900,000 is to be paid to each of the estates of the three stevedores who died from asphyxiation on May 20, 2008, as a result their exposure to argon gas in the hold of a cargo vessel at Port Everglades).
Airgas Doral pled guilty on May 5, 2016 to a fourteen count criminal information, charging it with willfully and recklessly violating the Hazardous Materials Transportation Act, Title 49, United States Code, Sections 5124(a), (c)-(d), based on its violations of hazardous materials regulations (HMR), and DOT Special Permit (SP) 11186. Under the terms of a plea agreement with the Government, Airgas Doral had agreed to imposition of the 2 year term of probation, including the hazardous materials compliance plan with independent monitor and periodic reporting requirements. The plea agreement also recommended the imposition of a $7,000,000 organizational fine to be paid by Airgas Doral, and guaranteed by its corporate parent and 100% owner, Airgas, Inc., that could be offset by the amount of any restitution awarded to the victims of the violations, as long as the total penalty amounted to $7,000,000. Airgas Doral and the Government recommended the $2,700,000 restitution award, which Judge Scola then imposed. According to court records, the estates of the three stevedores had previously recovered approximately $9,000,000 in total civil settlements against various parties, including Airgas South.
According to the court record, Airgas Doral, a Delaware corporation, is wholly owned by Airgas, Inc., which is a leading U.S. distributor of industrial, medical and specialty gases. Airgas Doral is also the successor in interest to the former Airgas South, Inc. (Airgas South), which made eight shipments of refrigerated liquefied argon gas in portable tanks, between March 12, 2008 and May 14, 2008, but failed to comply with regulatory and permit requirements for transporting that hazardous material, including training hazardous materials employees and managers at its Miami fill plant on required pre-transportation functions, such as conducting visual inspections of the tanks for deficiencies, and the taking of required pressure and temperature readings. These failures came to light when the means of containment of a tank shipped by Airgas South failed in the hold of a vessel at Port Everglades on May 20, 2008, and three stevedores who entered the vessel’s hold asphyxiated and died. A subsequent investigation revealed the tank’s pressure relief devices were corroded, defective, and damaged so as to prevent normal operation, but that since the hazardous material personnel at the Miami fill plant had not received required function specific training, the required inspections had not been conducted, resulting in Airgas South offering for transportation a portable tank that should not have been shipped.
Mr. Ferrer commended the investigative efforts of DOT-OIG, and the technical and support assistance provided by the DOT-Pipeline and Hazardous Materials Safety Administration (PHMSA). The case was prosecuted by Assistant U.S. Attorney Jose A. Bonau of the Economic and Environmental Crimes Section.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.