Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
6 July 2016
Three Convicted of Kidnapping ChildrenRead the Press Release
CORPUS CHRISTI, Texas – A 31-year-old woman admitted she aided her sister in kidnapping two children from their Corpus Christi home, announced U.S. Attorney Kenneth Magidson. Georgia Gregg pleaded guilty today, while her sister - Jada Gregg-Warren, 32 - and her sister’s boyfriend - Ivan Francisco Alvarez-Benavente, 26, pleaded guilty June 30, 2016.
The court heard that Gregg and Gregg-Warren, both of Corpus Christi, kidnapped the young children, ages five and four, from their residence on the night of Aug. 19, 2015. After the kidnapping, the two women travelled to McAllen with the children. Alvarez-Benavente, a Mexican citizen, followed them in a separate vehicle.
The Corpus Christi Police Department (CCPD) immediately disseminated an Amber Alert in pursuit of all three adults and the two children. As part of the alert, a Child Abduction Response Team was deployed with the assistance of the FBI and U.S. Marshals Service (USMS).
Authorities learned that Gregg returned to Corpus Christi while the couple and the children entered Mexico and stayed at a residence close to the Alvarez-Benavente family. Through a collaborative effort between the U.S. and Mexican authorities, the couple and the children were brought to the U.S. Dec. 16, 2015, at which time Gregg-Warren and Alvarez-Benavente were arrested.
Senior U.S. District Judge Hayden Head accepted the pleas and has set sentencing for Oct. 6, 2016. Both sisters face up to life in federal prison and a possible $250,000 maximum fine. Alvarez-Benavente faces up to 15 years and a possible $125,000 fine.
All three have been and will remain in custody pending their sentencing hearing.
The charges are the result of the investigative efforts of the FBI, CCPD and the USMS. Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case.
The Fourth of July and the End of RamadanRead the Press Release
On the Fourth of July, we celebrated our nation’s independence founded on the principle that all people are created equal and able to worship freely. For centuries, religious freedom has been a pillar of American society and a beacon for those persecuted for their faith. This year, July 5th marked the end of Ramadan, the month of intense prayer, dawn-to-dusk fasting and nightly feasts for millions of Muslims. The juxtaposition prompts reflection on anti-Muslim threats and violence we have witnessed in our country.
Connecticut has not been immune to such shameful acts. On the night of the November 2015, just hours after the terrorist attacks in Paris, a man used a high-powered rifle to shoot into the Baitul Aman Mosque in Meriden. Four shots pierced the Mosque, one passed directly through the prayer area before exiting the building. No one was injured as the attack occurred late at night when no worshippers were inside. Law enforcement responded quickly, determined to restore a sense of security and calm to the Muslim congregation. Prosecutors from our office worked with the FBI, ATF and Meriden Police Department and quickly identified the shooter - Ted Hakey, a former Marine whose property abutted that of the Mosque. After executing search warrants of his house and Facebook account, which revealed evidence of hatred toward Islam and Muslims, he was charged with the federal hate crime of destruction of religious property. On June 17, Mr. Hakey was sentenced to six months in prison for assaulting the mosque’s congregants in the peaceful practice of their religion.
Mr. Hakey’s acts are not isolated. The Department of Justice has led more than 1,000 investigations and 45 prosecutions of anti-Muslim acts of hatred and bigotry. After the Paris attacks, an individual in Florida was arrested for threatening to firebomb two mosques in the St. Petersburg area, and sentenced to a year and a day in prison. In Utah, a man pleaded guilty to tearing a Muslim woman’s hijab off of her head on a plane. This intolerance is fueled by rhetoric that incorrectly seeks to paint all Muslims with a broad brush when, in fact, the overwhelming majority of Muslims—including prominent Muslim leaders in Connecticut—condemn and stand against acts of terrorism that harm innocent people.
A remarkable thing happened in the Hakey prosecution. Mr. Hakey sought and received forgiveness from the congregation at the Baitul Aman Mosque. We applaud the congregation for their extraordinary grace and generosity of spirit - a gesture reflective of true Islam as the promotion of peace and harmony in the world. Last month, we honored the Mosque’s leader at our annual law enforcement awards ceremony. More broadly, we deeply appreciate the dedicated efforts of our Muslim partners throughout the State to keep our communities safe and secure.
As the federal prosecuting office in Connecticut, it is the job of the U.S. Attorney’s Office to secure and protect citizens of all races, religions, ethnic backgrounds and sexual orientations. Our federal prosecutors have forged partnerships with Muslim leaders throughout the state, as well as with Sikh leaders who are often perceived to be Muslim, to help ensure the safety of all our communities and create an environment of trust that recognizes the humanity and dignity of all. We have trained hundreds of police officers about Islam and Sikhism; held anti-bullying workshops at schools and mosques; and launched a Multi-Cultural Advisory Council to gain insight from community members about how best we can serve all communities that we protect.
In the end, anti-Muslim vitriol itself undermines our security. Hateful and vicious rhetoric only strengthens the evil of terrorists who rely heavily on the narrative that America and the West hate Islam. We must rise above our anger to defeat the terrorists’ message of violence, intolerance, and hate.
To the vast majority of our Connecticut residents who recognize that our diversity as a nation makes us stronger, make your voices heard: let the Muslim members of our community know that they are a valued part of our whole. It is the responsibility of all of us to lift up the voices of tolerance, respect, and mutual understanding. We all must pledge to remove hatred and intolerance from our midst, and to stay true to the principles of liberty, justice and equality that define America at its best. The light of our nation shines brightest when its people reflect the promise and values of America.
Tampa Man Sentenced to 50 Years for Child Sexual Exploitation OffensesRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Donald Daniel Robinson (30, Tampa) to 50 years in federal prison for producing, possessing, and distributing child pornography. He pleaded guilty on February 16, 2016.
According to court documents, the Florida Department of Law Enforcement (FDLE) began an investigation after receiving numerous tips from the National Center for Missing and Exploited Children concerning an Internet user at Robinson’s residence who had distributed files containing child pornography through various social networking websites. On July 8, 2015, agents from FDLE and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at Robinson’s home. Multiple images of child pornography, including images of local children, were found during the search.
According to victims and evidence obtained from Robinson’s phone, Robinson had posed as a female online to coerce children to produce and send the explicit images to him. The images included minors engaged in sexually explicit conduct. Additionally, two victims told agents that Robinson had persuaded them to perform sex acts on him.
"This lengthy prison sentence is reflective of the heinous nature of the crime committed and a result of the hard work of our HSI special agents and FDLE," said Susan L. McCormick, special agent in charge of HSI Tampa. "This criminal stole the innocence of young children and HSI will do everything in our power to protect our children and bring to justice those involved in these despicable crimes.”
“This case puts into perspective that crimes like this begin with live victims who are children,” said Tom Foy, FDLE Tampa’s Special Agent in Charge. “The suspect in this case manipulated children for his benefit. FDLE and HSI will continue this effort to protect our children from those who would use their innocence and youth for their advantage and criminal activity.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Amanda C. Kaiser.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Statement of U.S. Attorney Joyce Vance on the University of Alabama's Action Plan to Combat Racial Discrimination in Fraternities and SororitiesRead the Press Release
BIRMINGHAM – The University of Alabama, which claims the largest fraternity and sorority community in the nation with regard to overall fraternity and sorority membership, today announced the adoption of an action plan to enhance the University’s ability to prevent and respond to racial discrimination, and to increase diversity within the University’s fraternities and sororities. In developing the plan, the University consulted with the U.S. Attorney’s Office for the Northern District of Alabama and the Civil Rights Division of the U.S. Department of Justice.
In Fall 2013, the U.S. Attorney’s Office and the Civil Rights Division contacted the University to inquire about the allegations of race discrimination in the selection process for new members in the University’s traditionally white sororities, and the University’s response. At that time, the University had undertaken a series of efforts to demonstrate the University’s commitment to a discrimination-free campus environment and to increase diversity in the University’s recognized Greek organizations. Following subsequent discussions with the U.S. Attorney’s Office and the Civil Rights Division, the University developed an action plan to memorialize the University’s efforts and serves as a roadmap for future efforts to remove barriers to the Greek system and improve how the University responds to allegations of discrimination. Specifically, the plan clarifies expectations for students and student organizations, and establishes clear and consistent procedures for reporting, investigating, and responding to allegations of discriminatory conduct.
“Greek life is a vital part of the college experience for many students. With today’s action plan, the University of Alabama makes a commitment that this important component of University life, which plays a significant role in the formation of relationships students will carry forward into their adult lives, is not tarnished by racial barriers,” said U.S. Attorney Joyce White Vance. “We look forward to the University’s prompt and full implementation of the action plan. We appreciate the students who came forward with allegations about discrimination in sorority rush and made this action plan possible. We urge the community to contact our office if they have any concerns about discrimination or other civil-rights violations on any campus.”
To make complaints about potential civil-rights violations, including complaints about discrimination based on race, religion, sex, gender, sexual orientation, disability, or veteran status, please call or e-mail the U.S. Attorney’s Office Civil Rights Intake Specialist at (205)244-2185 or [email protected]. To file a written complaint, mail the complaint to the U.S. Attorney’s Office for the Northern District of Alabama, 1801 Fourth Avenue North, Birmingham, Alabama 35203.
Statement from Attorney General Loretta E. Lynch Regarding State Department Email InvestigationRead the Press Release
Attorney General Loretta E. Lynch released the following statement today regarding the State Department email investigation:
“Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton’s use of a personal email system during her time as Secretary of State. I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation.”
St. Francis Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.
Gregory Paul Quigley, age 51, was sentenced to 1 year and 1 day in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Quigley was indicted for Aggravated Sexual Abuse by Force by a federal grand jury on September 9, 2015. He pled guilty to a Superseding Information charging him with Abusive Sexual Contact on March 29, 2016.
On November 30, 2013, Quigley and a woman, the victim, were drinking alcohol together in an abandoned house in St. Francis. Quigley intentionally made sexual contact with the victim while the victim was incapable of appraising the nature of the conduct.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie Sanderson prosecuted the case.
Quigley was immediately turned over to the custody of the U.S. Marshals Service.
Savannah Residents Charged with Federal Firearm, and Drug Trafficking OffensesRead the Press Release
SAVANNAH, GA – Federal indictments were unsealed yesterday revealing that 8 Savannah residents have been charged with federal firearms and drug-trafficking offenses.
According to evidence presented on Tuesday during detention hearings before U.S. Magistrate Judge GR Smith, the federal indictments are the result of a joint FBI and the Savannah-Chatham Metropolitan Police Department (SCMPD) investigation into gang-related activities in the Savannah area. Law enforcement focused their attention on the Carver Village Thoroughbreds gang, a violent gang operating in the Carver Village neighborhood in Savannah. The gang is allegedly comprised of 15 to 20 members engaged in a number of criminal activities, including shootings, robberies, and the trafficking of narcotics.
Seven of the Defendants charged appeared before Judge Smith on Tuesday for their arraignments and detention hearings. Those Defendants included:
Dennis Lee Williams, 36,
Jermond Anderson Curtis, aka “Mon,” 27,
Adrian Tarazze Byrd, aka “Newie,” 40,
Shamon Antwon Williams, aka “Keith Anderson,” aka “Antonio Antwan Williams, 39,
Eugene Curtis, aka “Gene,” aka “Gene Williams,” aka “Ronnie Curtis,” aka “Eugene Curtis, Jr.,” 50,
Eusi Shango Sampson, 37, and
Felisha Dawn Byrd, 42.
U.S. Attorney Ed Tarver emphasized that an indictment is only an accusation and is not evidence of guilt. The Defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The operation was investigated by the FBI and SCMPD. Assistant United States Attorneys Tania Groover and Charlie Bourne are prosecuting the case for the United States. For additional questions, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
San Mateo Resident Pleads Guilty to Operating A Bay Area Prostitution Racketeering EnterpriseRead the Press Release
SAN FRANCISCO –Allen Fong pleaded guilty in federal court yesterday for his role in an international prostitution racketeering enterprise announced United States Attorney Brian J. Stretch and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan Spradlin. The defendant acknowledged being part of an enterprise that recruited women and facilitated their travel and entry into the United States to work as prostitutes in brothels located in the Bay Area.
Fong, 59, of San Mateo, is one of ten defendants named in a broad-ranging indictment filed October 16, 2014. Fong pleaded guilty to all 32 counts charged in the indictment. In pleading guilty, Fong admitted that, from at least August 2006 through July 2014, he was involved in the day-to-day operations of an ongoing racketeering enterprise that recruited women from overseas to work in brothels located in Bay Area cities, including Foster City, Cupertino, San Bruno, San Mateo, and Santa Clara. His activities included renting apartments for use as brothels; arranging for telecommunications services for advertising and arranging appointments for sexual activity between prostitutes and their customers; and transferring proceeds in amounts of thousands of dollars from the United States to Singapore. Fong also admitted he met a co-conspirator at the San Francisco International Airport who was traveling from Singapore to the United States and drove her to an enterprise brothel where she was housed and worked as a prostitute.
In all, the defendant pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, in violation of 18 U.S.C. § 1962(d); one count of conspiracy to use interstate and foreign commerce to promote prostitution in aid of a racketeering enterprise, in violation of 18 U.S.C. §§ 371 and 1952(a)(3); eleven counts of use of interstate commerce to promote prostitution in aid of a racketeering enterprise, in violation of 18 U.S.C. §§ 1952(a)(3) and 2; one count of conspiracy to launder monetary instruments, in violation of 18 U.S.C. §§ 1956(h) and 1956(a)(1)(A)(i); nine counts of substantive money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i) and 2; one count of conspiracy to transport funds from the United States to a foreign country to promote unlawful activity, in violation of 18 U.S.C. §§ 1956(h) & 1956(a)(2)(A); seven counts of transporting funds from the United States to a foreign country to promote unlawful activity, in violation of 18 U.S.C. §§ 1956(a)(2)(A) and 2; and one count of conspiracy to transport an individual in interstate in interstate and foreign commerce for prostitution and importation of alien for immoral purpose, in violation of 18 U.S.C. §§ 371 & 2421, and 8 U.S.C. § 1328.
Fong is scheduled to be sentenced by the Honorable Richard Seeborg, U.S. District Judge, in San Francisco on October 25, 2016, at 2:30. p.m. The defendant is facing the following maximum statutory penalties for the offenses to which he has pleaded guilty:
Statute
Offense
Maximum Penalty
18 U.S.C. § 1962(d)
Conspiracy to conduct enterprise affairs through a pattern of racketeering activity
20 years’ imprisonment and a $250,000 fine, or twice the gross profits or other proceeds
18 U.S.C. §§ 371 and
1952(a)(3)
Conspiracy to use facility in interstate commerce to promote prostitution
5 years’ imprisonment
$250,000 fine, or twice the gross gain or gross loss, whichever is greater
18 U.S.C. §§ 1952(a)(3)
and 2
Use of facility in interstate commerce to promote prostitution
5 years’ imprisonment
$250,000 fine, or twice the gross gain or gross loss, whichever is greater
18 U.S.C. §§ 1956(h) and 1956(a)(1)(A)(i)
Conspiracy to launder monetary instruments
20 years’ imprisonment
$500,000 fine or twice the value of the monetary instrument or funds involved in the transmission or transfer, whichever is greater
18 U.S.C. § 1956(a)(1)(A)(i) and 2
Money laundering
20 years’ imprisonment
$500,000 fine or twice the value of the monetary instrument or funds involved in the transmission or transfer, whichever is greater
18 U.S.C. §§ 1956(h) and 1956(a)(2)(A)
Conspiracy to transport funds from the United States to a foreign country to promote unlawful activity
20 years’ imprisonment
$500,000 fine or twice the value of the monetary instrument or funds involved in the transmission or transfer, whichever is greater
18 U.S.C. §§ 371 & 2421; 8 U.S.C. § 1328
Conspiracy to transport an individual in interstate and foreign commerce for prostitution and importation of alien for immoral purpose
10 years’ imprisonment and $250,000 fine, or twice the gross gain or gross loss, whichever is greater.
In addition to prison terms and fines, assessments, terms of supervised release, and forfeitures may be imposed; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Deborah R. Douglas is prosecuting the case with the assistance of Lance Libatique. Assistant United States Attorney David Countryman is handling aspects of the forefeiture matters. The prosecution is the result of a joint investigation by the Department of Homeland Security, Homeland Security Investigations San Francisco Field Office, and the San Mateo Police Department.
Prior Felon from Albuquerque Charged with Armed Bank Robbery and Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Jason Blackwood, 43, of Albuquerque, N.M., was arraigned in federal court this morning on an indictment charging him with armed bank robbery, brandishing a firearm during a crime of violence, and being a felon in possession of a firearm. During this morning’s proceedings, Blackwood entered a not guilty plea to the indictment. He remains in federal custody pending trial.
Blackwood was arrested on June 1, 2016, on a criminal complaint charging him with the armed bank robbery of the Bank of the West at 780 Juan Tabo Blvd. NE in Albuquerque on that day. The complaint alleged that Blackwood entered the bank, pointed a handgun at a bank teller, and demanded money. After the bank teller responded to Blackwood’s demand for money, Blackwood left the bank.
Blackwood was charged by indictment on June 30, 2016, with armed bank robbery, brandishing a firearm during a crime of violence, and being a felon in possession of a firearm and ammunition. The indictment alleged that Blackwood committed the three crimes on June 1, 2016, in Bernalillo County, N.M. At the time, Blackwood was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and second degree commercial burglary.
If convicted, Blackwood faces a statutory maximum penalty of 25 years in prison on the armed bank robbery charge and a statutory maximum penalty of ten years in prison for being a felon in possession. If convicted of brandishing a firearm during a crime of violence, Blackwood faces a mandatory minimum penalty of seven years in prison, which must be served consecutive to the sentence imposed on other charges. Charges in criminal complaints and indictments are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions 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 under this initiative.
Owner of Mall Kiosk Businesses Pleads Guilty to Immigration and Money Laundering ChargesRead the Press Release
NEWPORT NEWS, Va. – Omer Gur, 36, of Raleigh, North Carolina, pleaded guilty today to charges relating to his leadership of a visa fraud conspiracy involving over 140 foreign workers from Israel.
According to the statement of facts filed with the plea agreement, Gur admitted that from 2012 through 2014, he operated several business entities known collectively as RASKO. During this time he and other co-conspirators illegally induced and recruited, for employment purposes, foreign nationals to enter the United States from Israel on B-2 visitor visas. Gur and the co-conspirators would then put them to work at mall-based kiosk business in Virginia (including in the Hampton Roads area), Georgia, Pennsylvania and New Jersey through which they sold Dead Sea Salt products. Gur and others paid for their travel to the United States, housed workers in leased apartments, transported workers to work locations and paid workers in cash, wire transfers and gift cards in order to avoid reporting workers and their earnings to employment and taxing authorities. From 2012 through 2014, RASKO earned over $14 million through its kiosk based sales.
To date, nine of the ten charged defendants in the case have been arrested (eight in the United States and one recently extradited from Romania). Gur is the fourth defendant to enter a plea of guilty.
Gur faces a maximum penalty of 25 years in prison and will be sentenced on October 27. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Robin Blake, Special Agent-in-Charge of the Washington, DC Regional Office, U.S. Department of Labor, Office of Inspector General; Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington; John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office; and Bill A. Miller, Director of the Diplomatic Security Service for the U.S. Department of State, made the announcement after the plea was accepted by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Brian J. Samuels, Lisa R. McKeel and Kevin Hudson are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16cr17.
North Dakota Man Sentenced to Three Years for Traveling with A Stolen Passport and Aggravated Identity Theft ChargesRead the Press Release
CHARLOTTE, N.C. –William Albert Ulmer, aka “Bill Ulmer,” 49, of West Dickinson, North Dakota, was sentenced today to three years in prison for traveling with a stolen passport and aggravated identity theft charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Robert J. Conrad, Jr. also sentenced Ulmer to three years of supervised release after he is released from prison.
Thomas Haycraft, Acting Special Agent in Charge of the Washington Field Office, Diplomatic Security Service, U.S. Department of State, joins U.S. Attorney Rose in making todays’ announcement.
According to filed court documents and today’s sentencing hearing, from about March 2009 to about December 23, 2010, Ulmer stole and used his brother’s passport, Wayne Jacob Ulmer, Jr. to travel between the United States and Costa Rica. Court records show that Ulmer used his brother’s passport to fly from Norfolk, Virginia, to San Jose, Costa Rica on March 11, 2009, where he resided for approximately 21 months. According to court records, at the time Ulmer used his brother’s passport to fly to Costa Rica, he was facing state charges in North Carolina related to a worthless check scheme. Court records show that Ulmer flew out of the United States in March 2009, failing to appear to a court hearing related to the pending state charges, scheduled for April 15, 2009, in Dare County Criminal Superior Court.
Ulmer used his brother’s passport again for his return trip to the United States. According to court records, Ulmer left Costa Rica in December 2010, around the time Costa Rican authorities began to investigate the disappearance of Ms. Barbara Strunkova, Ulmer’s live-in girlfriend at the time. According to court records, Ulmer landed at Charlotte Douglas International Airport on December 23, 2010, and presented his brother’s stolen passport to U.S. Customs officials, entering the United States under his brother’s name. After clearing U.S. Customs, Ulmer then used the stolen passport again to continue his air travel to his final destination in Norfolk, Virginia.
Ulmer pleaded guilty in September 2015 to one count of possession of identification document with intent to defraud and one count of aggravated identity theft. Ulmer is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement U.S. Attorney Rose thanked the U.S. Department of State’s Diplomatic Security Service for handling the investigation and the Kill Devil Hills Police Department for their assistance with this case.
Assistant U.S. Attorney Thomas O’Malley, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
New Orleans Man Pleads Guilty to Cocaine DistributionRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JEFFERY WILSON, age 31, of New Orleans, pled guilty today to two counts of distributing cocaine hydrochloride and cocaine base as charged in a Superseding Bill of Information.
According to court documents, WILSON made a sale of cocaine hydrochloride on May 13, 2014, to two confidential informants working with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the area near the former Melpomene Housing Development near Martin Luther King Boulevard. On May 30, 2014, WILSON made a second sale of cocaine base (or crack) to the same two informants.
WILSON is facing a term of imprisonment of not more than twenty years for each count, a fine of not more than $1,000,000 and at least three years of supervised release following any term of imprisonment. U.S. District Judge Kurt D. Engelhardt set sentencing for October 12, 2016.
U.S. Attorney Polite praised the work of the ATF in leading this investigation along with members of the NOPD led Multi-Agency Gang Unit (MAG UNIT). Assistant United States Attorneys Edward Rivera, Maurice Landrieu, Jr., Nolan Paige and Nicholas Moses were in charge of the prosecution.
New Jersey Woman Admits Conspiracy to Circumvent Minority Owned Business Requirements for Federal ProjectsRead the Press Release
NEWARK, N.J. –A Union County, New Jersey, woman today admitted accepting kickbacks in exchange for using her company as a “straw” contractor that allowed non-minority owned firms to circumvent regulations on federally funded transportation projects, U.S. Attorney Paul J. Fishman announced.
Carol Sanzo, 69, of Cranford, New Jersey, pleaded guilty before U.S. District Judge William H. Walls in Newark federal court to an information charging her with one count of conspiracy to commit wire fraud.
According to documents filed in this case and statements made in court:
The U.S. Department of Transportation requires that general contractors seeking to perform certain work on federally funded transportation projects must either subcontract, or demonstrate a good faith effort to subcontract, a percentage of the work to Disadvantaged Business Enterprises (DBEs), which include small businesses that are at least 51 percent owned by women, Hispanic Americans, African Americans, Native Americans, and Asian Americans.
Sanzo owned Sanzo Ltd., a purported broker and supplier of construction materials that she operated as a DBE. Sanzo admitted that in return for kickbacks, her company would act as a “straw” or “pass-through” DBE and accept payment for goods and services that were actually provided by non-DBE contractors on federally funded projects.
For instance, Sanzo admitted that from 2008 through July 2011, she acted as a pass-through between a prime contractor and a non-DBE fuel provider on the Willis Avenue Bridge Project in New York. In order to circumvent the DBE requirements, Sanzo submitted multiple documents that falsely represented that Sanzo Ltd. was supplying fuel to the Willis Avenue Bridge Project when it was actually being supplied by the non-DBE fuel company.
The wire fraud conspiracy to which Sanzo pleaded guilty carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. Sentencing is scheduled for Oct. 18. 2016.
U.S. Attorney Fishman credited special agents with the U.S. Department of Transportation, Office of Inspector General, under the direction of Special Agent in Charge Douglas Shoemaker, and criminal investigators of the Port Authority, Office of Inspector General, under the direction of Inspector General Michael Nestor, with the investigation leading to today’s guilty plea.
The government is represented by Special Litigation Counsel Andrew Leven of the U.S. Attorney’s Office Economic Crimes Unit and Barbara Ward, Acting Chief of the U.S. Attorney’s Office Asset Forfeiture and Money Laundering Unit in Newark.
Defense counsel: Raymond Brown, Esq., Woodbridge, New Jersey
New Jersey Medical Device Manufacturer Admits Selling Contaminated Ultrasound Gel; Court Orders Permanent InjunctionRead the Press Release
Pharmaceutical Innovations Inc., based in Newark, New Jersey, pleaded guilty today to criminal charges and resolved a civil lawsuit arising from the company’s distribution of ultrasound gel contaminated with bacteria, the Department of Justice announced. The devices at issue are gels that doctors and hospitals use to take ultrasound scans, sonograms, EKGs and similar procedures.
Pharmaceutical Innovations Inc. pleaded guilty before U.S. District Court Judge Esther Salas in Newark federal court to an information charging it with two misdemeanor counts of introducing adulterated medical devices into interstate commerce. In addition to placing the company on two years of probation, Judge Salas ordered the company to pay a criminal fine of $50,000 and to forfeit an additional $50,000 – the approximate value of the adulterated gel.
In a related civil settlement, which was also resolved today, Pharmaceutical Innovations agreed to the forfeiture and destruction of particular gel products that tested exceptionally high for infectious bacteria and agreed to a permanent injunction that requires independent experts and auditors to conduct regular inspections and certifications at the company’s expense.
“The sale of adulterated medical devices puts patients at great risk,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Device manufacturers that fail to comply with good manufacturing practices, thereby threatening patient safety, will be held accountable.”
“Pharmaceutical Innovations shipped defective products that exposed hospital patients to dangerous bacterial contamination,” said U.S. Attorney Paul J. Fishman for the District of New Jersey. “Today’s plea agreement and civil settlement require Pharmaceutical Innovations to accept responsibility for the contamination and take the necessary steps to prevent it from happening again.”
According to documents filed in the case and statements made in court:
Doctors and hospitals use ultrasound gel to take ultrasound scans, sonograms, EKGs and similar procedures. In February 2012, a Michigan hospital reported that 16 surgical patients were infected with Pseudomonas aeruginosa, a bacterial pathogen. The hospital believed the infections were associated with a particular lot of Pharmaceutical Innovations ultrasound gel.
A sample of that lot then tested positive for Pseudomonas aeruginosa. A second lot was shipped in April 2012 and found to be contaminated with two types of bacteria, Pseudomonas aeruginosa and Klebsiella oxytoca, both at the Michigan hospital, and at the company’s Newark facility.
The U.S. Department of Justice filed suit in October 2014 against Pharmaceutical Innovations and its founder, owner, and longtime president, Gilbert Buchalter. (Gilbert Buchalter was later dropped from the case; his son, Charles Buchalter, became company president and was added to the case.) The civil complaint alleged that the company was selling medical devices that the U.S. Food and Drug Administration (FDA) had not approved or cleared, that it was violating current good manufacturing practices and that it failed to take required actions after receiving reports in February 2012 of serious injuries associated with its products.
The Consent Decree of Permanent Injunction requires Pharmaceutical Innovations to submit a detailed compliance plan to FDA within 20 days, and to have outside experts certify in writing by Oct. 31, that the company meets current good manufacturing practice requirements. The FDA will then conduct a follow-up inspection at the company’s expense. For the next three years, Pharmaceutical Innovations must hire outside auditors to conduct and submit detailed audit reports to FDA. In addition, the company will forfeit and pay for the destruction of contaminated “Other Sonic Gel” that the U.S. Marshals Service seized in April 2012 as part of a seizure and forfeiture case filed by the United States.
The criminal investigation in this matter was handled by special agents of the FDA’s Office of Criminal Investigations’ New York Field Office, under the direction of Acting Special Agent in Charge Jeffrey Ebersole.
The criminal prosecution was handled by Assistant U.S. Attorney R. David Walk Jr. of the U.S. Attorney’s Office for the District of New Jersey’s Health Care and Government Fraud Unit, with the assistance of Associate Chief Counsel Lynn M. Marshall of the Department of Health and Human Services’ Office of General Food-Food and Drug Division. The civil cases were handled by Trial Attorney Daniel K. Crane-Hirsch of the Civil Division’s Consumer Protection Branch and by Senior Counsel Michele Lee Svonkin and Associate Chief Counsel Julie A. Dohm of the Department of Health and Human Services’ Office of General Counsel–Food and Drug Division. Additional assistance in the civil cases was provided by Assistant U.S. Attorneys Lucy Muzzy, Marion Purcell, Peter Gaeta and Jacob Elberg of the U.S. Attorney’s Office for the District of New Jersey.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of New Jersey, visit its website at https://www.justice.gov/usao/district/nj.
New Jersey Medical Device Manufacturer Admits Selling Contaminated Ultrasound GelRead the Press Release
NEWARK, N.J. – Pharmaceutical Innovations Inc., based in Newark, New Jersey, pleaded guilty today to criminal charges and resolved a civil suit arising from the company’s distribution of ultrasound gel contaminated with bacteria, U.S. Attorney Paul J. Fishman of the District of New Jersey and Principal Deputy Assistant Attorney General Benjamin C. Mizer of Justice Department’s Civil Division announced.
Pharmaceutical Innovations pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging it with two misdemeanor counts of introducing adulterated medical devices into interstate commerce. In addition to placing the company on two years of probation, Judge Salas ordered the company to pay a criminal fine of $50,000 and to forfeit an additional $50,000 – the approximate value of the adulterated gel.
In the civil settlement, which was also resolved today, Pharmaceutical Innovations agreed to the forfeiture and destruction of particular gel products that tested exceptionally high for infectious bacteria and agreed to a permanent injunction that requires independent experts and auditors to conduct regular inspections and certifications at the company’s expense.
“Pharmaceutical Innovations shipped defective products that exposed hospital patients to dangerous bacterial contamination,” U.S. Attorney Fishman said. “Today’s plea agreement and civil settlement require Pharmaceutical Innovations to accept responsibility for the contamination and take the necessary steps to prevent it from happening again.”
“The sale of adulterated medical devices puts patients at great risk,” said Principal Deputy Assistant Attorney General Mizer. “Device manufacturers that fail to comply with good manufacturing practices, thereby threatening patient safety, will be held accountable.”
According to documents filed in the case and statements made in court:
Doctors and hospitals use ultrasound gel to take ultrasound scans, sonograms, EKGs, and similar procedures. In February 2012, a Michigan hospital reported that 16 surgical patients were infected with Pseudomonas aeruginosa, a bacterial pathogen. The hospital believed the infections were associated with a particular lot of Pharmaceutical Innovations ultrasound gel.
A sample of that lot then tested positive for Pseudomonas aeruginosa. A second lot was shipped in April 2012 and found to be contaminated with two types of bacteria, Pseudomonas aeruginosa and Klebsiella oxytoca.
The U.S. Department of Justice filed a civil suit in October 2014 against Pharmaceutical Innovations and its founder, owner, and longtime president, Gilbert Buchalter (Gilbert Buchalter was later dropped from the case; his son, Charles Buchalter, became company president and was added to the case). The civil complaint alleged that the company was selling medical devices that the Food and Drug Administration (FDA) had not approved or cleared, that it was violating current good manufacturing practices, and that it failed to take required actions after receiving reports in February 2012 of serious injuries associated with its products.
The Consent Decree of Permanent Injunction requires Pharmaceutical Innovations to submit a detailed compliance plan to FDA within 20 days, and to have outside experts certify in writing by Oct. 31, 2016 that the company meets current good manufacturing practice requirements. At the company’s expense, the FDA will then conduct a follow-up inspection. For the next three years, Pharmaceutical Innovations must hire outside auditors to conduct and submit detailed audit reports to FDA. In addition, the company will forfeit and pay for the destruction of contaminated gel that the U.S. Marshals Service seized in April 2012 as part of a seizure and forfeiture case filed by the United States.
The investigations leading to the corporate guilty plea and civil settlements were conducted by special agents of the FDA’s Office of Criminal Investigations’ New York Field Office, under the direction of Acting Special Agent in Charge Jeffrey Ebersole.
Assistant U. S. Attorney R. David Walk Jr. of the District of New Jersey’s Health Care and Government Fraud Unit represented the government in the criminal prosecution, with the assistance of Associate Chief Counsel Lynn M. Marshall of the Department of Health and Human Services’ Office of General Counsel-Food and Drug Division. The government was represented in the civil cases by Trial Attorney Daniel K. Crane-Hirsch of the Department’s Consumer Protection Branch, Senior Counsel Michele Lee Svonkin and Associate Chief Counsel Julie A. Dohm of the Department of Health and Human Services’ Office of General Counsel–Food and Drug Division, Assistant U.S. Attorney Lucy Muzzy of the District of New Jersey’s Health Care and Government Fraud Unit, and Peter Gaeta of the District of New Jersey’s Asset Forfeiture and Money Laundering Unit.
U.S. Attorney Fishman reorganized the health care fraud practice at the U.S. Attorney’s Office of the District of New Jersey, including creating a stand-alone Health Care and Government Fraud Unit, which handles both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $1.29 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: A. Ross Pearlson Esq., West Orange, New Jersey
Navajo Man from To’hajiilee Arraigned on Indictment Charging Him with Assaulting a Federally Commissioned Tribal OfficerRead the Press Release
ALBUQUERQUE – Bruce Piaso, 34, an enrolled member of the Navajo Nation from To’hajiilee, N.M., was arraigned today in federal court in Albuquerque, N.M., on an indictment charging him with assaulting a federal officer. Piaso entered a not guilty plea to the indictment and was ordered detained pending trial which has yet to be scheduled.
Piaso was arrested on June 3, 2016, on a criminal complaint charging him with assaulting a federal officer. According to the complaint, Piaso allegedly attacked an officer of the Navajo Nation Division of Public Safety on May 28, 2016, on the Navajo Indian Reservation by punching and kicking the officer while attempting to avoid arrest. Piaso allegedly jumped on the officer and attempted to take control of the officer’s weapon. At the time of the alleged assault, the tribal officer was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services. Piaso was taken into tribal custody on May 28, 2016, and remained in tribal custody until his arrest on the federal charge.
Piaso was indicted on June 30, 2016, and charged with assault on a federal officer resulting in bodily injury, and assault on a federal officer with a dangerous weapon. The indictment alleged that Piaso committed the crimes on May 28, 2016, in Cibola County, N.M.
If convicted of the crimes charged in the indictment, Piaso faces a maximum penalty of 20 years in federal prison. Charges in complaints and indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case 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 primarily based on their prior criminal convictions 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 rate, on a per capita basis, is one of 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 Cibola County, under this initiative.
Morgantown man pleads guilty to synthetic marijuana distribution, money laundering chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Randolph Kocan, 61, of Morgantown, West Virginia, pled guilty to distribution of synthetic marijuana and money laundering, United States Attorney William J. Ihlenfeld, II, announced.
Kocan was the manager of Mid Nite Adult in Morgantown, WV where he sold synthetic cannabinoids, commonly referred to as “spice”, “K2”, “incense”, or “fake weed” for nearly two years. Synthetic cannabinoids are designer drugs that resemble a controlled substance in molecular structure and actual or intended physiological effect.
He pled guilty today to one count of “Conspiracy to Distribute Synthetic Cannabinoids and Schedule I Controlled Substance Analogue,” and one count of “Engaging in a Monetary Transaction with Cash Derived from Specified Unlawful Activity.” He faces up to twenty years in prison and a fine of up to $1,000,000 for the conspiracy charge and up to ten years in prison and a fine of up to $250,000 for the monetary laundering charge. 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 Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force and the Three Rivers Drug Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mission Man Sentenced for Abusive Sexual Contact with a Child Under 12 Years OldRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.
Graham Brody Good Shield, age 20, was sentenced to 9 years in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution has been left open for 90 days.
Good Shield was indicted on two counts of Aggravated Sexual Abuse of a Child by a federal grand jury on August 11, 2015. He pled guilty to Abusive Sexual Contact on March 29, 2016.
In June 2015, Good Shield was at a home in Rosebud, when he began drinking alcohol. An 11-year-old child, the victim, was also at the home. Good Shield intentionally made sexual contact with the victim and knew that the victim was a minor at the time.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Good Shield was immediately turned over to the custody of the U.S. Marshals Service.
Metairie Man Sentenced for Receiving Images and Videos Depicting the Sexual Victimization of ChildrenRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANDREW HUTCHINSON, age, 25, of New Orleans, was sentenced today after previously pleading guilty to crimes involving the sexual exploitation of children. Specifically, HUTCHINSON pleaded guilty to receiving and attempting to receive sexually explicit images of children.
U.S. District judge Ivan L.R. Lemelle sentenced HUTCHINSON to 60 months imprisonment, to be followed by 10 years of supervised release. Additionally, HUTCHINSON is required to register as a sex offender pursuant to the Sex Offender Registration Notification Act. HUTCHINSON was also ordered to pay $12,000 in restitution ($2,000 to victims in each of the six series that requested restitution).
According to court documents, HUTCHINSON used a mobile cellular phone chat application to converse with a twelve-year-old boy in Seattle, Washington, between July 24, 2014, and July 27, 2014. HUTCHINSON and the boy exchanged approximately 113 chat messages. Knowing that the boy was only twelve, HUTCHINSON requested and received approximately fifteen sexually explicit images of the boy via the messaging application. In exchange, HUTCHINSON provided the boy with sexually explicit images of minor females as young as approximately five years old. HUTCHINSON also provided the boy with a link to an online cloud storage account that contained approximately 1766 images and 19 videos depicting minor females as young as approximately eighteen months old being forced to engage in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg was in charge of the prosecution.
Mescalero Apache Man Pleads Guilty to Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Dabert Wayne Comanche, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Comanche was charged in a criminal complaint on Feb. 23, 2016, with violating SORNA by failing to update his sex offender registration. On March 23, 2016, Comanche was indicted on that same charge. According to the indictment, Comanche failed to update his registration between April 7, 2014 and Feb. 20, 2016, San Juan County, N.M.
According to the criminal complaint, Comanche was convicted of sexual abuse of a minor in Indian Country in April 2003 and was sentenced to a 78-month prison term. On June 1, 2011, Comanche registered as a sex offender in Mescalero, and agreed to notify the jurisdiction to which he moved if he relocated outside of the jurisdiction. Thereafter, Comanche failed to register as a sex offender with the Mescalero Apache Tribe.
During today’s hearing, Comanche pled guilty to the indictment and admitted that he was convicted of aggravated sexual abuse of a child in April 2003, and was required to register as a sex offender as a result of that conviction. Comanche further admitted that he last reported to the Mescalero Apache Nation on Jan. 7, 2014 and should have reported in April 2014, but failed to comply.
At sentencing, Comanche faces a maximum statutory penalty of ten years in federal prison followed by not less than five years of supervised release. Comanche will be required to register as a sex offender following his prison sentence.
This case was investigated by the U.S. Marshals Service and the San Juan County Sheriff’s Office. Assistant U.S. Attorney Nicholas Marshall is prosecuting the case.
Memphis Man Pleads to Child Porn Production, Facing up to 170 YearsRead the Press Release
Memphis, TN – A man who created child pornography and engaged in sexually explicit conduct with two prepubescent female minors has entered a plea to his criminal conduct. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the plea today.
According to information presented in court, Terrence Milam, 37, of Memphis, Tennessee, produced photographs and videos of himself sexually abusing two female minors between October 2013 and late January 2015. He used a smartphone to record the videos and take the images.
The abuse of the two victims came to light when a Memphis Police Department (MPD) officer on routine patrol discovered Milam and one of the children parked in a deserted school parking lot. When the officer approached the vehicle, he saw Milam struggling to put on his pants. Law enforcement obtained search warrants to review the contents of two cell phones found in the vehicle. This led to discovery of sexually explicit images and the identification of a second victim.
Milam’s abuse of the two children began when one of the victims was approximately nine years old and the other was 11.
On Tuesday, July 5, 2016, Milam entered an Alford plea before U.S. District Judge Samuel H. Mays to five counts of production of child pornography and one count of possession of child pornography.
Milam is scheduled to be sentenced by Judge Mays on October 6, 2016. He faces a minimum sentence of 15 years imprisonment and a maximum of 170 years.
Milam also faces charges of child rape in state court.
This case is being investigated by the FBI’s Child Exploitation Task Force and the MPD.
Assistant U.S. Attorney Deb Ireland is prosecuting this case on the government’s behalf.
Media Advisory: Former Superintendent of Effigy Mounds National Monument to be SentencedRead the Press Release
CEDAR RAPIDS, IOWA – The United States Attorney’s Office for the Northern District of Iowa will hold a media availability opportunity this Friday to discuss the sentencing of the former superintendent of Effigy Mounds National Monument.
The Assistant United States Attorney who prosecuted the case will be joined by National Park Service personnel.
Event Details
When: Friday, July 8, 2016
Where: United States Federal Courthouse, Second Floor, 111 7th Avenue S.E., Cedar Rapids, Iowa
Time: 10:45 a.m. (or immediately after sentencing, whichever first occurs).
Press interested in attending should contact AUSA Steve Young. His contact information is listed above.
A press release will be will be available.
Maryville Sex Offender Pleads Guilty to Child Porn, Faces at Least 15 Years in PrisonRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Maryville, Mo., man who is a registered sex offender pleaded guilty in federal court today to charges related to child pornography.
Edward Grimes, 58, of Maryville, pleaded guilty before U.S. Chief District Judge Greg Kays to the charges contained in a Sept. 19, 2014, federal indictment. Grimes, a registered sex offender, has prior felony convictions for sexual abuse and a criminal sexual act in New York.
By pleading guilty today, Grimes admitted that he attempted to distribute child pornography over the Internet on March 29, 2013; that he attempted to receive child pornography over the Internet on Dec. 31, 2013; and that he possessed child pornography on Feb. 12, 2014. Grimes must forfeit to the government two desktop computers, a laptop computer, four hard drives and a thumb drive that were used to commit the offenses.
The government also filed notice today of intent to rely on Grimes’s prior felony sex offenses for purposes of sentencing, which would subject Grimes to a mandatory minimum sentence of 15 years in federal prison without parole for each of the counts of attempting to distribute and to receive child pornography over the Internet, and to a mandatory minimum sentence of 10 years in federal prison without parole for possessing child pornography. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Man facing al-Qaeda terrorism charges indicted for plotting to murder federal judge presiding over his caseRead the Press Release
A Toledo grand jury returned a three-count indictment against Yahya Farooq Mohammad today, charging him with soliciting the murder of a federal judge, announced U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
McQuade was joined in the announcement by Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Field Division and U.S. Marshal Peter J. Elliott of the Northern District of Ohio.
Mohammad, 37, from the United Arab Emirates, was charged with attempted first degree murder of a federal officer, solicitation to commit a crime of violence and use of interstate commerce facilities in commission of murder for hire.
Mohammad was indicted last year on charges of conspiring with three other men to travel to Yemen to provide thousands of dollars to Anwar Al-Awlaki in an effort to support violent jihad against U.S. military personnel in Iraq, Afghanistan and throughout the world. That case remains pending and is assigned to U.S. District Judge Jack Zouhary of the Northern District of Ohio.
In the most recent charges, Mohammad is accused of soliciting someone to kidnap and murder Judge Zouhary.
On April 8, Mohammad allegedly told another inmate in the Lucas County Corrections Center in Toledo that he wanted Zouhary kidnapped and murder. That inmate then introduced Mohammad to an undercover FBI employee, according to the indictment.
The indictment alleges that Mohammad told the inmate that he was willing to pay $15,000 to have Zouhary killed. Mohammad also allegedly told the undercover employee that he could send a down payment through a mail courier or that the undercover could meet Mohammad’s wife in Chicago to pick up the money. When asked when he wanted the murder committed, Mohammad stated: “The sooner would be good, you know,” according to the indictment.
On May 5, Mohammad’s wife, identified in the indictment as N.T., met the undercover agent at a post office in Bolingbrook, Illinois, and provided $1,000 in cash inside a white envelope, according to the indictment.
On May 11, Mohammad informed the inmate that the rest of the money for the murder was coming from Dubai to Texas to Chicago to N.T., and then to the undercover agent, according to the indictment.
According to the indictment, on May 16, the undercover agent and N.T. met, and the undercover agent showed N.T. a photograph that purported to be of Zouhary’s dead body. The undercover agent told N.T. he needed the rest of the money owed to him. N.T. said she would contact Mohammad and then she would contact the undercover agent, according to the indictment.
“According to the charges in the indictment, this defendant not only attempted to have a federal judge murdered, but he did so to obstruct justice in a terrorism case against him,” said U.S. Attorney McQuade. “This prosecution seeks to hold the defendant accountable for attempting to victimize the judge and for trying to undermine our criminal justice system.”
“Conspiring to have a judge killed is not the way to avoid being prosecuted - now Mohammad will be held accountable for additional serious federal charges,” said Special Agent in Charge Anthony. “The FBI will continue to work with our partners to ensure the safety of those that uphold the rule of law. “
“Protecting the federal judiciary is our highest priority,” said U.S. Marshal Elliott. “This is an example where we were able to work with our law enforcement partners to protect a judge and bring charges against a dangerous individual.”
The case is prosecuted by Assistant U.S. Attorneys Michael Freeman and Matthew Shepherd of the Northern District of Ohio following an investigation by the FBI. The U.S. Attorney for the Northern District of Ohio has recused herself from this case.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record (if any), the defendant’s role in the offenses and the characteristics of the violations. Counts one and two of the indictment carry a maximum statutory penalty of 20 years in prison and count three carries a statutory maximum penalty of 10 years in prison.
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.
Man Sentenced to 5 1/2 Years in Prison for Firearm and Drug Offense Following Dooly County Traffic StopsRead the Press Release
United States Attorney G.F. “Pete” Peterman, III announces that Kenneth Wallace, age 44, of Hayneville, Georgia, was sentenced today to serve 5 ½ years in prison for possession with intent to distribute Methamphetamine and possession of a firearm by a convicted felon. U.S. District Court Judge Marc T. Treadwell handed down the sentence in Macon.
Mr. Wallace entered a plea of guilty to the charges on February 18, 2016. The facts stipulated in his plea agreement state that on February 1, 2015, Mr. Wallace’s vehicle was stopped by the Dooly County Sheriff’s Office after the Sheriff’s Office received information about suspicious vehicles in the area of the prison. During the stop, Mr. Wallace gave officer’s permission to search his vehicle where they found a semi-automatic rifle. Because Mr. Wallace had previously been convicted of a felony offense and was not allowed to possess a firearm, officers took him into custody. While traveling to the jail, Mr. Wallace admitted that he had methamphetamine in his groin. Upon arriving at the jail, officers seized what was later confirmed to be 6.95 grams of methamphetamine. Mr. Wallace admitted that he intended to sell this methamphetamine.
On March 26, 2015, Mr. Wallace was again stopped by the Dooly County Sheriff’s Office. This traffic stop was following a call regarding a domestic dispute. Mr. Wallace spoke with officers about the dispute and gave officer’s permission to search his vehicle where they found a 12-gauge pump action shotgun with a shortened barrel and obliterated serial number. After officers found the shotgun, Mr. Wallace fled the scene on foot.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dooly County Sheriff’s Office. Assistant United States Attorney Beth Howard prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Man Sentenced to 10 Years in Prison for Attempted Online Enticement of A MinorRead the Press Release
Amado Becerra Lomas, age 33 of East Dublin, Georgia, was sentenced in Macon today to serve 10 years in prison for attempted online enticement of a minor announced United States Attorney G.F. “Pete” Peterman, III. The sentence was handed down by U.S. District Court Judge Marc T. Treadwell. Mr. Lomas’ incarceration is to be followed by a lifetime of supervision and registration as a sex offender. Mr. Lomas, a citizen of Mexico, also faces potential consequences with respect to his immigration status.
Mr. Lomas entered a plea of guilty to the charge on February 18, 2016. Mr. Lomas admitted in his plea agreement that he responded to an online advertisement posted during an undercover operation conducted by the Federal Bureau of Investigation. From March 16, 2015, through March 21, 2015, Mr. Lomas talked online and via text message with whom he believed to be a 14-year old female named “M.C.” In reality, M.C. was an undercover agent. During his conversations, Mr. Lomas was told that M.C. would be in Macon, Georgia with her mother on a business trip and would be alone in a hotel while her mother was at work. Mr. Lomas indicated that he and M.C. would “have fun together” when they were alone in her hotel room and agreed to meet M.C. on March 21, 2015. Mr. Lomas told M.C. that he was “eager to be with” her and that he wanted to be with her in bed and have sex with her. Mr. Lomas traveled to the hotel in Macon, Georgia, where M.C. indicated she was located. Mr. Lomas proceeded to a hotel room and was encountered by law enforcement officers. Mr. Lomas agreed to speak with law enforcement and acknowledged that he was at the hotel to have sex with a minor. Law enforcement officers found that Mr. Lomas had two condoms with him.
This case was investigated by the Federal Bureau of Investigation (FBI) with the assistance of the FBI’s Metro Atlanta Child Exploitation Task Force and the Bibb County Sheriff’s Office. Assistant United States Attorney Beth Howard prosecuted the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Man Pleads Guilty to Scheme to Illegally Buy and Smuggle Guns for Members of the Indonesian Secret ServiceRead the Press Release
CONCORD, N.H. – Audi N. Sumilat, a resident of El Paso, Texas, pleaded guilty in federal court to participating in a scheme to illegally buy numerous guns and then smuggle them out of the country for the benefit of members of the protective security detail of the President and the Vice President of the Republic of Indonesia -- also known as the Indonesian Presidential Guard. Sumilat pleaded guilty to one count of conspiracy to make false statements in connection with the acquisition of firearms, to make false statements in records required to be kept by federal firearms dealers and to smuggle firearms from the U.S. Sumilat is 36 years old.
According to statements made during his plea hearing, Sumilat joined a conspiracy to buy guns in Texas and New Hampshire for members of the Indonesian Presidential Guard with the understanding that the guns then would be smuggled out of the U.S. Specifically, Sumilat – on active duty with the U.S. Army – admitted that he and three members of the Presidential Guard came up with the plan in October 2014, when they were all stationed together for training in Fort Benning, Georgia. Sumilat further admitted that in September and October 2015, as part of the plan, he purchased guns in Texas for members of the Indonesian Presidential Guard that members of that protective detail could not lawfully buy in the U.S. themselves. Sumilat also admitted that, to facilitate those purchases, he certified to the gun dealers from which he bought the guns that he was the actual buyer of the guns even though the actual buyers were the members of the Presidential Guard. Sumilat further admitted that he then shipped the guns to a co-conspirator, Feky R. Sumual, in New Hampshire who delivered them and other firearms to members and representatives of members of the Presidential Guard, who were in the U.S. on official state visits both in Washington, D.C., and with the U.N. General Assembly in New York, N.Y. Finally, Sumilat acknowledged that, he understood that the members of the Presidential Guard then would smuggle the illegally purchased guns from the U.S. to Indonesia. Lawfully exporting the guns – which were included as defense articles on the U.S. Munitions List – required both an exporter’s license and a license covering the specific guns exported. No such licenses had been issued.
United States Attorney Emily Gray Rice commented, “The consequences of international gun trafficking can be grave. Firearms exported overseas illegally can easily end up in the wrong hands. International gun trafficking will be prosecuted to the fullest extent possible to protect innocent individuals, both American and foreign, from the criminal use of U.S. weapons abroad.” United States Attorney Rice added, “The fact that members of another country’s security force were the immediate beneficiaries of this scheme presented some unique challenges to this investigation. I am grateful for the incredibly valuable work of our law enforcement partners in detecting this scheme and in developing the evidence needed to shut it down.”
Lawrence Panetta, Acting Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco and Firearms stated, “Straw purchasing of firearms is one of the ways firearms are trafficked from legal to illegal commerce. With its federal, state and local law enforcement partners, ATF will continue to pursue and arrest anyone who commits this criminal act; where firearms are surreptitiously purchased, possessed and unlawfully transferred into the hands of those wanting to commit more crime.”
Sumilat will be sentenced on October 11, 2016. He faces a maximum sentence of five years and a fine of $250,000. One of Sumilat’s co-conspirators, Feky R. Sumual, also has been charged and is presently scheduled for trial on July 19, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms in both Manchester, N.H., and in El Paso, Texas, as well as Immigration and Customs Enforcement, Homeland Security Investigations, in Manchester, N.H. The Bureau of Diplomatic Security of the U.S. Department of State, the Dover (N.H.) Police Department and the Indonesian National Police provided important support. The case is being prosecuted by Assistant United States Attorney Bill Morse.
###
Man Facing Al-Qaeda Terrorism Charges Indicted for Plotting to Murder Federal Judge Presiding over His CaseRead the Press Release
A Toledo, Ohio, grand jury returned a three-count indictment against Yahya Farooq Mohammad today, charging him with soliciting the murder of a federal judge, announced U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
U.S. Attorney McQuade was joined in the announcement by Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Field Division and U.S. Marshal Peter J. Elliott of the Northern District of Ohio.
Mohammad, 37, from the United Arab Emirates, was charged with attempted first degree murder of a federal officer, solicitation to commit a crime of violence and use of interstate commerce facilities in commission of murder for hire.
Mohammad was indicted last year on charges of conspiring with three other men to travel to Yemen to provide thousands of dollars to Anwar Al-Awlaki in an effort to support violent jihad against U.S. military personnel in Iraq, Afghanistan and throughout the world. That case remains pending and is assigned to U.S. District Judge Jack Zouhary of the Northern District of Ohio.
In the most recent charges, Mohammad is accused of soliciting someone to kidnap and murder Judge Zouhary.
On April 8, Mohammad allegedly told another inmate in the Lucas County Corrections Center in Toledo that he wanted Zouhary kidnapped and murder. That inmate then introduced Mohammad to an undercover FBI employee, according to the indictment.
The indictment alleges that Mohammad told the inmate that he was willing to pay $15,000 to have Zouhary killed. Mohammad also allegedly told the undercover employee that he could send a down payment through a mail courier or that the undercover could meet Mohammad’s wife in Chicago to pick up the money. When asked when he wanted the murder committed, Mohammad stated: “The sooner would be good, you know,” according to the indictment.
On May 5, Mohammad’s wife, identified in the indictment as N.T., met the undercover agent at a post office in Bolingbrook, Illinois, and provided $1,000 in cash inside a white envelope, according to the indictment.
On May 11, Mohammad informed the inmate that the rest of the money for the murder was coming from Dubai to Texas to Chicago to N.T., and then to the undercover agent, according to the indictment.
According to the indictment, on May 16, the undercover agent and N.T. met, and the undercover agent showed N.T. a photograph that purported to be of Zouhary’s dead body. The undercover agent told N.T. he needed the rest of the money owed to him. N.T. said she would contact Mohammad and then she would contact the undercover agent, according to the indictment.
“According to the charges in the indictment, this defendant not only attempted to have a federal judge murdered, but he did so to obstruct justice in a terrorism case against him,” said U.S. Attorney McQuade. “This prosecution seeks to hold the defendant accountable for attempting to victimize the judge and for trying to undermine our criminal justice system.”
“Conspiring to have a judge killed is not the way to avoid being prosecuted - now Mohammad will be held accountable for additional serious federal charges,” said Special Agent in Charge Anthony. “The FBI will continue to work with our partners to ensure the safety of those that uphold the rule of law. “
“Protecting the federal judiciary is our highest priority,” said U.S. Marshal Elliott. “This is an example where we were able to work with our law enforcement partners to protect a judge and bring charges against a dangerous individual.”
The case is prosecuted by Assistant U.S. Attorneys Michael Freeman and Matthew Shepherd of the Northern District of Ohio following an investigation by the FBI. The U.S. Attorney for the Northern District of Ohio has recused herself from this case.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record (if any), the defendant’s role in the offenses and the characteristics of the violations. Counts one and two of the indictment carry a maximum statutory penalty of 20 years in prison and count three carries a statutory maximum penalty of 10 years in prison.
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.
Loose Creek Sex Offender Sentenced for Possessing Child PornRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Loose Creek, Mo., sex offender was sentenced in federal court today for possessing child pornography.
Richard Dale Hays, 50, of Loose Creek, was sentenced by U.S. District Judge Stephen R. Bough to seven years and three months in federal prison without parole, which is the toughest penalty recommended under the federal sentencing guidelines.
On Feb. 1, 2016, Hays pleaded guilty to possessing child pornography.
According to court documents, Google notified law enforcement on Oct. 21, 2014, that an image of child pornography had been uploaded to Hays’s e-mail account. Officers executed a search warrant at his residence. The image which was uploaded was not located on any of the phones searched, and the only computer found in the home had its hard drive removed. Hays reported that he had removed and thrown away the hard drive.
According to court documents, Hays committed this offense after a long history of failed supervision by probation and parole officers. Throughout supervision, Hays has refused sexual offender counseling and treatment.
Hays was convicted of rape and attempted rape in Boone County, Mo., in 1985 and sentenced to 25 years in state prison. In both offenses, Hays broke into a home, and with the use of a knife either forced a female victim to have sexual intercourse with him, or attempted to force the victim to have sexual intercourse with him.
After being released on parole on April 15, 2003, Hays was returned to confinement less than six months later for violations including failure to participate in sex offender counseling, consumption of alcohol and possession of drug paraphernalia. His girlfriend reported that Hays raped her, but no charges were filed. On May 15, 2007, Hays was again released on parole.
Hays’ second parole release in 2007 lasted less than five months, and the violations noted during this time frame included the possession of drug paraphernalia, use of cocaine, accessing pornography and the unsuccessful completion of sex offender counseling. As a result, Hays was temporarily placed in an inpatient treatment program, but was discharged after making inappropriate comments to a female staff member.
While on parole in 2009, Hays failed to register as a sex offender. On April 12, 2010, Hays pleaded guilty to the felony of failing to register as a sex offender, and was placed on probation for five years. Less than six months later, Hays’s probation was revoked for violations including testing positive for cocaine and failing to complete substance abuse counseling. He was ordered to inpatient treatment, and while there wrote sexually explicit letters to other female patients, which led to his being discharged from the program. Hays again declined to participate in sex offender counseling, and absconded after his sexually explicit letters were discovered.
On September 3, 2012, Hays was again released, but less than two months later he was again revoked for violations including having contact with his brother’s four-year-old child without the prior consent from his supervision team and masturbating to pornographic images on television. Hays again absconded, was revoked on July 2, 2013, and returned to confinement. He was discharged on October 17, 2013. A year later, Google notified law enforcement of the child pornography that had been uploaded to his e-mail account.
This case was prosecuted by Assistant U.S. Attorney Anthony P. Gonzalez. It was investigated by the St. Charles, Mo., Police Department and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Lincoln County oxycodone dealer sentenced to 8 years in federal prisonRead the Press Release
CHARLESTON, W.Va. – A Lincoln County man was sentenced today to 8 years in federal prison for conspiring to illegally distribute oxycodone and other prescription pills, Acting U.S. Attorney Carol Casto announced. Timothy Hallam, 34, of Branchland, West Virginia, was part of a drug scheme that involved prescription pills brought from Florida for sale in West Virginia.
From May 2012 through May 2014, Hallam conspired with individuals in Florida and Lincoln County to distribute quantities of oxycodone, also known as “Roxicodone,” and other prescription pills. Hallam further conspired with individuals in Lincoln County and Florida to launder the proceeds of the oxycodone distribution by depositing the proceeds in to bank accounts in West Virginia owned by Lester W. Taylor, the source of the oxycodone, so that Taylor could withdraw the proceeds from his bank accounts in Florida. The money was deposited in West Virginia in an effort to conceal the source of the cash as drug proceeds, to conceal Taylor as the source of the pills, and to conceal the location of the proceeds of the pill distributions.
Beginning in May 2012 and continuing until May 2014, Hallam obtained oxycodone pills from Lester Taylor, who resided in Florida, for distribution in Lincoln County, West Virginia. Taylor acquired oxycodone pills in Florida and West Virginia and would front the pills to Hallam and other individuals in Lincoln County to distribute. Once Hallam sold the oxycodone pills in West Virginia, he would deposit the proceeds in to L.W. Taylor’s bank accounts at various banks in Barboursville, West Virginia and Huntington, West Virginia. Once the money was deposited in West Virginia, L.W. Taylor and others would withdraw the money in Florida. From May 2012 through May 2014, Hallam deposited approximately $40,325 in drug proceeds into L.W. Taylor’s bank accounts in Barboursville for withdrawal in Florida.
The case was investigated by the West Virginia State Police, the IRS-CID, the Metro Drug Enforcement Network Team, and the Drug Enforcement Agency. Assistant U.S. Attorney Monica Coleman handled the prosecution. The sentenced was imposed by United States District Judge John T. Copenhaver, Jr.
KC Man Pleads Guilty to Armed Bank Robbery, Faces 15 Years in PrisonRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man who was tackled by a security guard while making his escape pleaded guilty in federal court today to armed bank robbery.
Sidney A. Williams, 62, of Kansas City, pleaded guilty before U.S. Chief District Judge Greg Kays to the charge contained in a Nov. 17, 2015, federal indictment.
By pleading guilty today, Williams admitted that he stole $6,493 at gunpoint from Bank Midwest, 7904 Ward Parkway, Kansas City, Mo., on Nov. 10, 2015.
According to court documents, Williams was wearing a black ski mask and black gloves when he entered the bank and ordered everyone in the lobby to the ground. Williams entered the security guard’s office, grabbed his shirt and forced him to the ground. Williams pointed a .38-caliber revolver at bank employees, including the security guard and the assistant branch manager. Two bank employees placed money into a blue canvas grocery bag that Williams was carrying.
When Williams ran out the door of the bank after the robbery, the security guard chased after him. The security guard tackled Williams across the street from the bank and a struggle ensued. Williams pointed the revolver at the security guard before he was able to disarm him. The security guard received assistance from a passerby in subduing Williams. Law enforcement officers recovered a blue canvas bag of cash, the handgun and a black ski mask from the area where Williams was taken into custody.
Under the terms of today’s plea agreement, Williams will be sentenced to 15 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Patrick C. Edwards and Jeffrey Q. McCarther. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Jury Convicts Lake County Man of MurderRead the Press Release
SAN FRANCISCO – Jonathan Mota was convicted of murder caused by a firearm; for Hobbs Act robbery; and use and carry of a firearm during and in relation to that robbery, announced United States Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. The guilty verdict, delivered yesterday, followed a four-week jury trial before the Honorable Jon S. Tigar, U.S. District Judge.
According to the evidence presented at trial, on January 18, 2013, Mota, 34, of Lake County, Calif., a convicted felon, parked a stolen vehicle in the vicinity of the Mount Konocti Gas & Mart in Kelseyville, Calif., to rob it. Mota left an unwitting passenger in the vehicle and wore a hoodie, ski mask, baggy jeans, and gloves in an attempt to hide his identity. Store clerk Forrest Seagrave was mopping up and preparing to end his shift when Mota arrived brandishing a silver handgun. Seagrave did not know Mota was armed when Seagrave attempted to interrupt the robbery. Mota shot Seagrave in the neck, causing Seagrave to bleed to death on the floor of the convenience store. Video footage from the store cameras showed Mota stepping over Seagrave’s body to grab the money from the cash register.
“Today’s verdict is the result of cooperation and months of tireless work between state and federal law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lake County District Attorney, and the Lake County Sheriff’s Office,” said U.S. Attorney, Brian J. Stretch. “I want to thank all the members of the team who contributed the time and resources necessary to bring Mr. Mota to justice.”
"Through this cooperative effort, ATF and our partners were able to apprehend and successfully prosecute a violent and dangerous individual who posed a significant threat to the public," said ATF Special Agent in Charge Jill A. Snyder. "Today we took a killer off our streets."
A federal grand jury handed down a Superseding Indictment on June 27, 2013, charging Mota with murder caused by a firearm; Hobbs Act robbery; and use and carry of a firearm during and in relation to that robbery. With yesterday’s verdict, Mota has been convicted of all of these charges.
Sentencing has been scheduled for October 28, 2016, before Judge Tigar. The maximum statutory penalty for use and carry of a firearm during and in relation to the Hobbs Act robbery, in violation of Title 18 U.S.C. § 924(c), is life imprisonment and a fine of $250,000. The maximum statutory penalty for the use of the firearm resulting in murder, in violation of 18 U.S.C. § 924(j), is life imprisonment and a fine of $250,000. The maximum statutory penalty for Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), is 20 years’ imprisonment and a fine of $250,000. Mota’s sentence also may include a 10-year consecutive prison term for discharging the firearm during the robbery. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case was tried by Assistant United States Attorneys Damali Taylor and Sarah Hawkins, with assistance from Kurt Kosek. The prosecution is the result of an investigation led by the ATF and the Lake County Sheriff’s Office.
Jacksonville Woman Indicted for Sex Trafficking by Force, Conspiracy to Distribute Cocaine, and Possession of Multiple FirearmsRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of a superseding indictment charging Shaquana Quenella Brookins (31, Jacksonville) with two counts of sex trafficking by force, fraud, and coercion; one count of conspiracy to distribute “crack” cocaine; on count of maintaining a drug-involved premise; and two counts of possession of a firearm by a convicted felon. If convicted on all counts, she faces up to life in federal prison. The indictment also notifies Brookins that the United States intends to forfeit any assets alleged to be traceable proceeds of the offense.
According to the indictment, at various times in 2014 and 2015, Brookins used force, threats of force, fraud, and coercion to cause her victims to engage in commercial sex acts; conspired with others to manufacture and distribute cocaine base, commonly known as “crack” cocaine; maintained a place for the purpose of manufacturing, distributing, and using controlled substances, including cocaine, crack cocaine, and heroin; and unlawfully possessed three firearms after being previously convicted of felonies.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Information Technology Companies to Pay $5.8 Million for Misrepresentations Relating to Small Business Status and Contract Fee PaymentsRead the Press Release
En Pointe Gov. Inc., En Pointe Technologies Inc., En Pointe Technologies Sales Inc., Dominguez East Holdings LLC and Din Global Corp., all of Gardena, California, have agreed to resolve allegations that they violated the False Claims Act by falsely certifying that En Pointe Gov. Inc. was a small business in order to obtain contracts set aside for small businesses and underreporting sales under a General Services Administration (GSA) contract to avoid the payment of fees, the Department of Justice announced today. Under the settlement agreement, the companies have agreed to pay slightly more than $5.8 million. En Pointe Gov. Inc. is now known as Modern Gov IT Inc.; En Pointe Technologies Sales Inc. is now known as Collab9 Inc.; and En Pointe Technologies Inc. is now known as Dinco Inc.
“Contractors who misrepresent their eligibility for government contracts, or fail to pay amounts owed under those contracts, undermine the integrity of the procurement process,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Justice Department will take action to fully protect taxpayer funds.”
“These companies defrauded the government in two ways, each of which cost taxpayers,” said U.S. Attorney Eileen M. Decker for the Central District of California. “Small businesses, in some cases, are eligible to receive a preference when government contracts are issued. Large companies that fraudulently solicit and obtain contracts under small business set-aside programs, like the companies in this case, not only abuse the system but also harm legitimate small businesses by taking those contracts away from them.”
The government alleged that, between 2011 and 2014, the defendants were liable for false representations that En Pointe Gov. Inc. met Small Business Administration (SBA) requirements to obtain work that was only available to small businesses. In particular, the government alleged that En Pointe Gov Inc.’s affiliation with the other defendants rendered it a non-small business and, thus, ineligible for the small business set-aside contracts it obtained.
The government also alleged that defendants caused En Pointe Gov. Inc. to file false quarterly reports with the GSA between 2008 and 2015 underreporting sales made under a GSA schedule contract that allowed other federal agencies to purchase from En Pointe. Under the terms of the contract, En Pointe was supposed to return to GSA a percentage of its sales receipts. By allegedly misrepresenting the amount of its sales, En Pointe underpaid the fees that it owed to GSA.
“GSA contractors must be forthright in their dealings with the United States,” said GSA Inspector General Carol Fortine Ochoa.
“Federal contracts set aside for small businesses are intended to grow the economic base of the nation,” said SBA Inspector General Peggy E. Gustafson. “The Office of Inspector General will aggressively investigate such misrepresentations to ensure only eligible businesses are awarded these contracts. I want to thank the U.S. Department of Justice for its dedication to pursuing justice in this case.”
“This case represents the cooperative effort of SBA and the Department of Justice to uncover and remedy fraud in federal contracting with small businesses,” said SBA General Counsel Melvin F. Williams, Jr. “Uncovering and pursuing fraud cases is one of SBA’s highest priorities.”
The settlements resolve allegations filed in a lawsuit by Minburn Technology Group, LLC (Minburn), a Virginia company that sells information technology products and services, and Anthony Colangelo, Minburn’s managing member. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. Minburn and Mr. Colangelo will receive approximately $1.4 million.
This settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Central District of California and the GSA and SBA Inspector General Offices.
The case is captioned United States ex rel. Colangelo et al. v. En Pointe Gov., Inc., et al., CV14-5865-RGK (JPRx) (C.D. Cal.). The claims resolved by the settlements are allegations only and there has been no determination of liability.
Information Technology Companies to Pay $5.8 Million for Misrepresentations Relating to Small Business Status and Contract Fee PaymentsRead the Press Release
WASHINGTON – En Pointe Gov. Inc., En Pointe Technologies Inc., En Pointe Technologies Sales Inc., Dominguez East Holdings LLC and Din Global Corp., all of Gardena, California, have agreed to resolve allegations that they violated the False Claims Act by falsely certifying that En Pointe Gov. Inc. was a small business in order to obtain contracts set aside for small businesses and underreporting sales under a General Services Administration (GSA) contract to avoid the payment of fees, the Department of Justice announced today. Under the settlement agreement, the companies have agreed to pay slightly more than $5.8 million. En Pointe Gov. Inc. is now known as Modern Gov IT Inc.; En Pointe Technologies Sales Inc. is now known as Collab9 Inc.; and En Pointe Technologies Inc. is now known as Dinco Inc.
“Contractors who misrepresent their eligibility for government contracts, or fail to pay amounts owed under those contracts, undermine the integrity of the procurement process,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Justice Department will take action to fully protect taxpayer funds.”
“These companies defrauded the government in two ways, each of which cost taxpayers,” said U.S. Attorney Eileen M. Decker for the Central District of California. “Small businesses, in some cases, are eligible to receive a preference when government contracts are issued. Large companies that fraudulently solicit and obtain contracts under small business set-aside programs, like the companies in this case, not only abuse the system but also harm legitimate small businesses by taking those contracts away from them.”
The government alleged that, between 2011 and 2014, the defendants were liable for false representations that En Pointe Gov. Inc. met Small Business Administration (SBA) requirements to obtain work that was only available to small businesses. In particular, the government alleged that En Pointe Gov Inc.’s affiliation with the other defendants rendered it a non-small business and, thus, ineligible for the small business set-aside contracts it obtained.
The government also alleged that defendants caused En Pointe Gov. Inc. to file false quarterly reports with the GSA between 2008 and 2015 underreporting sales made under a GSA schedule contract that allowed other federal agencies to purchase from En Pointe. Under the terms of the contract, En Pointe was supposed to return to GSA a percentage of its sales receipts. By allegedly misrepresenting the amount of its sales, En Pointe underpaid the fees that it owed to GSA.
“GSA contractors must be forthright in their dealings with the United States,” said GSA Inspector General Carol Fortine Ochoa.
“Federal contracts set aside for small businesses are intended to grow the economic base of the nation,” said SBA Inspector General Peggy E. Gustafson. “The Office of Inspector General will aggressively investigate such misrepresentations to ensure only eligible businesses are awarded these contracts. I want to thank the U.S. Department of Justice for its dedication to pursuing justice in this case.”
“This case represents the cooperative effort of SBA and the Department of Justice to uncover and remedy fraud in federal contracting with small businesses,” said SBA General Counsel Melvin F. Williams, Jr. “Uncovering and pursuing fraud cases is one of SBA’s highest priorities.”
The settlements resolve allegations filed in a lawsuit by Minburn Technology Group, LLC (Minburn), a Virginia company that sells information technology products and services, and Anthony Colangelo, Minburn’s managing member. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. Minburn and Mr. Colangelo will receive approximately $1.4 million.
This settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Central District of California and the GSA and SBA Inspector General Offices.
The case is captioned United States ex rel. Colangelo et al. v. En Pointe Gov., Inc., et al., CV14-5865-RGK (JPRx) (C.D. Cal.). The claims resolved by the settlements are allegations only and there has been no determination of liability.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NATANAEL MORALES-TRINIDAD, a/k/a Samael Morales, a/k/a Natanael K. Morales, a/k/a Nathaniel Morales, age 46, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry.
According to the Bill of Information, on or about May 1, 2016, MORALES-TRINIDAD was found in the United States after having been officially deported and removed on or about May 8, 2013, after a conviction for cocaine possession.
MORALES-TRINIDAD faces a maximum term of imprisonment of ten years and a fine of $250,000, three years supervised release after imprisonment, and a $100.00 special assessment. U.S. District Judge Susie Morgan set sentencing for October 5, 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.
Hill City Man Sentenced to 120 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hill City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 1, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darrick Bessman, age 37, was sentenced to 120 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From October 2013 through September 2015, Bessman conspired with others to distribute, and distributed more than 500 grams of methamphetamine within South Dakota.
This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Bessman was immediately turned over to the custody of the U.S. Marshals Service.
Harrisburg Man Pleaded Guilty to Federal Firearm Charge After Shooting at Officers During A Foot PursuitRead the Press Release
HARRISBURG – The United States Attorney's Office for the Middle District of Pennsylvania announced today that Reginald Barton, age 30, Harrisburg, Pennsylvania pleaded guilty yesterday before Chief U.S. District Court Judge Christopher C. Conner to a federal firearm charge.
According to United States Attorney Peter Smith, Barton pleaded guilty to possession of a firearm by a convicted felon as a result of a traffic stop in Harrisburg where Barton fled on foot from the police, fired one shot and then tossed the gun. Officers from the Harrisburg Bureau of Police recovered the firearm and determined that Barton possessed it after having previously been convicted of several felony offenses.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Bureau of Police. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Harley Davidson merchandise thief sentenced in Federal CourtRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today the sentencing of a Winchester man convicted of Theft of Interstate Shipments. Douglas Castle, 37, was sentenced to one year and a day of incarceration by U.S. District Judge Sarah Evans Barker.
Castle stole and diverted shipments from his then-employer, a logistics and warehousing company in Greenwood that handled warehousing and logistics for Harley-Davidson. Castle started out small, pilfering Harley-Davidson brand jewelry, clothing, and other merchandise by concealing the items in baggy pants on his way out of the warehouse.
But over time, Castle’s scheme grew in scope and sophistication. Eventually, he began diverting whole shipments of motorcycle parts that retailed for roughly $450 apiece. Castle used his position at the warehouse to create fraudulent shipping labels and affix them to packages of motorcycle parts, which caused the shipping company to deliver the packages to Castle’s home instead of to Harley-Davidson retail stores. Each package contained dozens of expensive parts. Then, pretending to be an official online retailer of Harley-Davidson products, Castle sold the stolen items to unwitting buyers on eBay.
Castle perpetrated his scheme for over a year and a half until he was caught and fired by the warehouse company. Once caught, Castle cooperated with the government’s investigation, which was led by the FBI. In total, Castle diverted, stole, and sold approximately $353,000 worth of Harley-Davidson motorcycle parts and apparel.
According to Assistant United States Attorney Nick Linder, who prosecuted this case for the government, Castle must pay approximately $353,000 in restitution and serve one year of supervised release following completion of incarceration.
Four Members and Associates of the Florencia 13 Gang ConvictedRead the Press Release
LOS ANGELES – A federal jury late Tuesday convicted three men and one woman from Los Angeles County of conspiring to participate in the racketeering activities of the Florencia 13 criminal street gang (F13 Gang), as well as of related drug trafficking and firearms offenses.
Jose Dorado, 34, Tannous Fazah, 26, Jose Sanchez, 40, all of Huntington Park, and Giselle Casado, 33, of Downey, were convicted late yesterday in United States District Court following a 13-day trial. All four defendants were found guilty of both Racketeer Influenced and Corrupt Organizations (RICO) Conspiracy and Drug Trafficking Conspiracy, the latter being based on the F13 Gang’s street sales of illegal narcotics and coordinated operations to smuggle drugs into the Los Angeles County Jail (LACJ).
After the jury returned its verdicts, United States District Judge Beverly Reid O’Connell scheduled sentencing hearings for October 24, 2016.
“These defendants beat and shot a young man to death and increased the flow of illegal drugs into our community,” said United States Attorney Eileen M. Decker. “The verdicts remove these violent defendants from our community and deal an important blow against the Florencia 13 gang’s campaign of drugs and violence.”
Dorado and Fazah alone were found guilty of conspiring to commit a Violent Crime in Aid of Racketeering (VICAR) for a gang-related beating in Huntington Park that ultimately led to the shooting death of the victim. Dorado and Fazah also were found guilty of possessing a controlled substance with the intent to distribute it (heroin and methamphetamine, respectively) and of each being a felon in possession of a firearm and ammunition. Additionally, Sanchez was found guilty of possessing a firearm in furtherance of a drug trafficking crime, based on his possession of a handgun at one of the illegal gambling establishments run by the gang known as “casitas.”
Dorado and Casado were arrested on August 6, 2013 as part of a large-scale takedown of more than 20 members and associates of the F13 Gang. Fazah and Sanchez were later transferred to the United States District Court from state custody, where they had been incarcerated on separate felony state charges.
“This multi-agency law enforcement effort exhibits the positive community impact of focused, diligent and dedicated investigative work,” said ATF Special Agent in Charge Eric D. Harden. “ATF remains steadfast in its stance to disrupt organized gang activity and seek prosecution of anyone who chooses to offend at will, denying law abiding citizens a community or workplace free from violence.”
As demonstrated at trial, Dorado, Fazah, and Sanchez were F13 Gang “soldiers” who engaged in narcotics trafficking, violence, and/or firearms possession in furtherance of the gang. For her part, Casado was shown to be a “secretary” who assisted the extortionate tax collections and drug trafficking activities of the gang’s two “shot callers” on the streets; and she also repeatedly visited the operational leader of the gang – Mexican Mafia member Leonel Laredo, aka “Wizard” – imprisoned at Pelican Bay State Prison in Crescent City, California, to relay gang-related messages.
“The Los Angeles Sheriff's Department and Operation Safe Street Bureau were pleased to hear that the collaborative efforts between the Federal Government and the LASD resulted in these significant convictions,” said Captain Matt Burson, Sheriff's Operation Safe Streets Bureau. “Although these violent criminal street gangs continue to exist today, joint law enforcement endeavors such as this are proven to be effective and further collaboration with our Federal partners is welcomed.”
The evidence at trial showed, among other things, that Dorado and Fazah received an order from an incarcerated, senior F13 Gang member to violently discipline a junior member of the gang. That order, which was communicated during a recorded call over the LACJ inmate telephone system, included instructions both to beat the victim severely and to kill him. That night, Fazah, Dorado, and other F13 Gang members lured the victim into an alley and attacked him. At the conclusion of the brutal beating that ensued, Fazah brandished a handgun and shot the victim in the face, killing him. Dorado then reported back to the incarcerated F13 Gang member who issued the order: “That’s a done deal. You don’t gotta worry about that punk no more.”
Dorado was also involved in the F13 Gang’s efforts to smuggle illegal narcotics into local jails. As revealed by a series of inmate telephone recordings, he participated in the attempt to have a co-conspirator smuggle heroin, marijuana, and methamphetamine through the Los Angeles Metropolitan Courthouse on Hill Street.
The evidence further showed that Sanchez participated in the F13 Gang’s drug trafficking activities at the gang’s casitas. Sanchez also served as armed security and carried a firearm to protect the casita’s drug operations.
Chief Cosme Lozano of the Huntington Park Police Department said: “We are extremely pleased with the outcome of this investigation and the conviction of the suspects. These violent gang members belong in prison, not in our communities. This case is an example of what can be accomplished when local, state, and federal agencies collaborate to investigate, arrest, and successfully prosecute these violent criminals.”
At the time of sentencing, all defendants will face a statutory maximum sentence of life imprisonment on the RICO Conspiracy and Drug Trafficking Conspiracy counts, as well as mandatory minimum prison terms of 10 years based on the amounts of methamphetamine at issue. Sanchez will face an additional five-year mandatory, consecutive term of imprisonment due to his conviction for possession of a firearm in furtherance of a drug trafficking crime.
Dorado, Fazah, and Sanchez have all been held without bond since entering federal custody. Casado had been released on bond since her arrest in August 2013; however, after the verdicts Judge O’Connell ordered her remanded to the custody of the U.S. Marshals’ Service.
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Los Angeles County Sheriff’s Department, the California Department of Corrections and Rehabilitation, the Huntington Park Police Department, and the Los Angeles Police Department. The case is being prosecuted by Assistant United States Attorneys Terrence P. Mann, Sheila Nagaraj and Victoria Degtyareva.
Former Somerset County, New Jersey, Music Teacher Sentenced to Two Years in Prison for Possessing Images of Child Sexual AbuseRead the Press Release
TRENTON, N.J. – A Somerset County, New Jersey, man was sentenced today to 24 months in prison for possessing images of child sexual abuse on his computer, U.S. Attorney Paul J. Fishman announced.
Cliff Ramsay, 31, of Raritan, New Jersey, previously pleaded guilty before U.S. District Judge Freda L. Wolfson to an information charging him with one count of possession of child pornography. Judge Wolfson imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
On Feb. 25, 2015, and Feb. 27, 2015, Ramsay – at the time a music teacher at a public middle school in Hunterdon County – accessed a website known to contain images, videos, and other material containing images of child sexual abuse. A search warrant was executed at Ramsay’s home on July 28, 2015, and numerous files containing child pornography were found on his computer.
In addition to the prison term, Judge Wolfson sentenced Ramsay to five years of supervised release. He will also be required to register as a sex offender.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s sentencing. He also thanked the Somerset County Prosecutor’s Office, under the direction of Acting Prosecutor Michael H. Robertson; the Hunterdon County Prosecutor’s Office, under the direction of Anthony P. Kearns III; the Raritan Police Department, under the direction of Chief Kenneth McCormick; and the Readington Police Department, under the direction of Chief Sebastian Donaruma, for their assistance with this investigation.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Joshua D. Altman Esq., Trenton
Former Network Engineer Pleads Guilty to Cyber AttackRead the Press Release
BOSTON – A Lowell man pleaded guilty today in U.S. District Court in Boston in connection with hacking into and damaging the computer networks of his former employer and three former clients causing damage of over $130,000.
Kamlesh Patel, 40, pleaded guilty to two counts to causing damage without authorization to Internet-connected computers and to one count of using means of identification to commit the offense. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 28, 2016.
Patel worked as a senior network engineer at Northborough-based Baesis Inc., a company that offered network maintenance and security services to its clients. In October 2010, after Baesis terminated Patel, he used a colleague’s network credentials to access Baesis’s computer network and deleted the company’s image server, a computer that stored copies of clients’ network configurations.
In late January 2011, Patel used his former colleague’s credentials once again to access Baesis’s network and the networks of three former clients. Patel used specialized software to delete data from all four companies’ networks. As a result, the victim companies temporarily lost use of their networks, including Internet and e-mail access. One victim company lost access to its Internet telephone system for several weeks.
Patel’s victims incurred $137,896 in damages. He has agreed to pay this amount in restitution in connection with his plea.
The charges of causing damage without authorization to Internet-connected computers provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of using means of identification to commit a felony provides for a sentence of no greater than five years in prison, two years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was provided by the Northborough and Lowell Police Departments. The U.S. Attorney’s Office acknowledges Baesis, Inc. for its assistance with the investigation. The case is being prosecuted by Assistant U.S. Attorney Seth B. Kosto of Ortiz’s Cybercrime Unit.
Former Maryland Man Pleads Guilty to Production of Child PornographyRead the Press Release
Baltimore, Maryland – Christopher Michael Salisbury, age 38, of Long Beach, California, formerly of Maryland, pleaded guilty today to two counts of production of child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Sean Ragan of the Criminal Division of the Federal Bureau of Investigation’s Los Angeles Field Office.
According to his plea agreement, between 2006 and 2013, while residing in Maryland, Salisbury sexually abused two minors, beginning when each victim was approximately five years old, and produced images and videos of himself and the minors engaged in sexually explicit conduct. Salisbury used video and photo editing software to assemble many of the videos documenting his sexual abuse of the victims into compilation videos that included music, text, and other editing.
Additionally, Salisbury regularly accessed the internet through a network specifically designed to facilitate anonymous communication, commonly referred to as the “dark web.” Salisbury used the network to find and join a hidden website whose primary purpose was to advertise and distribute child pornography. Salisbury used the “dark web” and his membership in the hidden website to view, download, receive, and collect thousands of images and videos of child pornography.
As part of his plea agreement, Salisbury must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Salisbury faces a mandatory minimum of 15 years in federal prison and a maximum sentence of 30 years in prison for each of the two counts of production of child pornography, followed by up to a lifetime of supervised release. U.S. District Judge George L. Russell III, has scheduled sentencing for November 4, 2016 at 9:30 a.m. Salisbury remains detained.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended, the FBI Baltimore and Los Angeles Field Offices for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Paul E. Budlow, who is prosecuting the federal case.
Former Macon Co. Board of Elections Director Sentenced to Prison for Embezzling Public FundsRead the Press Release
ASHEVILLE, N.C. – Kimberly Michelle Bishop, the former director of Macon County’s Board of Elections was sentenced late yesterday to six months in prison for embezzling public funds, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Bishop, 44, of Franklin, N.C., was also ordered to serve three years of supervised release, the first six months of which to be served under home detention, and to pay $68,705.26 as restitution.
U.S. Attorney Rose is joined by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tom Ammons, Assistant Special Agent in Charge of the North Carolina State Bureau of Investigation (SBI) in making today’s announcement.
“Bishop abused the trust placed in her by the public. As a director on the Board of Elections, Bishop stole public money to enrich herself and her lifestyle. She is now a federally convicted felon, a title she earned through her greed and theft. Federal laws are very effective in addressing this type of corruption - let this be a message to other elected officials who may seek to violate the public’s trust through illegal activity,” said U.S. Attorney Rose.
“This was a complex investigation that took teamwork, from both the SBI and FBI, to accomplish a positive outcome. We have built a strong relationship with the FBI, and enjoy the partnership developed with investigating public corruption cases. Our goal for this investigation was to ensure that justice was served so the community knew this type of behavior by a leader within the county would not be tolerated,” said Assistant Special Agent in Charge Ammons.
According to information contained in filed plea documents and the sentencing hearing, from about 2002 to January 2014, Bishop served as director of the Board of Elections (BOE) for Macon County. In that capacity, Bishop had access to BOE’s expense budget and was authorized to initiate check requests to pay for BOE-related services. Beginning in about June 2013 and continuing through January 2014, court records show that Bishop submitted check request forms and caused checks to be issued to four individuals to supposedly pay for their work on behalf of BOE. BOE had not, in fact, approved these four individuals as BOE workers and they were not on the county’s payroll.
Bishop has admitted in court that in order to cash these checks, on some occasions she forged the endorsement signature of the payee and signed her own name on the back of the checks, then cashed them at local financial institutions. On other occasions, court records show that two of the named payees would sign their names as endorsers, cash the checks and split the money with the defendant. In total, Bishop’s embezzlement scheme caused Macon County to issue checks for over $68,000. Bishop pleaded guilty in February 2016 to one count of federal program fraud.
In making today’s announcement U.S. Attorney Rose thanked the FBI and the SBI for their investigation of this case which is ongoing. The prosecution was handled by Assistant United States Attorney Richard Edwards of the U.S. Attorney’s Office in Asheville.
Former Glendale Resident Who Provided “Technical Support” to Identity Theft Ring Sentenced to over 12 Years in PrisonRead the Press Release
LOS ANGELES – A man who formerly resided in Glendale has been sentenced to more than 12 years in federal prison for his role of providing “technical support” to a credit card fraud ring that caused an estimated loss of more than $3,000,000 during his participation and for applying for a passport in a false identity in an effort to flee prosecution.
Mario Humberto Monge, 52, who was already in custody, was sentenced this morning by United States District Judge Percy Anderson to 145 months in prison and ordered to pay over $358,000 in restitution. Judge Anderson said there was a high likelihood this defendant would reoffend because he was previously convicted of virtually the same conduct and that society needed to be protected from him.
“Sophisticated identity theft rings like the one involved here could not function without technical skills,” said United States Attorney Eileen M. Decker. “Mr. Monge’s use of his electrical engineering knowledge to maintain the skimmers and other technology used by this ring enabled an estimated $3 million in losses suffered by approximately 44 victim financial institutions.”
According to the documents in the case, other members of the identity theft ring led authorities to Monge’s Glendale residence. In February of 2015, law enforcement executed search warrants at several locations related to the ring, including Monge’s residence. At that time, authorities seized a large amount of cash, currency counting machine, gas pump skimmer, skimmer electronic parts, a gas pump lock and key, and approximately 428 confirmed re-encoded credit/debit cards. At the time, Monge stated to authorities that his role was to provide “technical support/repairman” to the fraud ring because of his engineering background.
After authorities searched his residence, Monge applied for passports in false names as part of a plan to flee the country. Authorities searched his residence again in June of 2015 and seized additional identity theft related evidence, including an additional 33 re-encoded credit/debit cards.
“Task force members investigating this case worked from the bottom up to determine the extent of the criminal organization and to uncover how and with whom it functioned as it victimized dozens of institutions,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “I hope this lengthy sentence for Mr. Monge, a repeat offender, serves as a warning to those conducting similar criminal activity.”
When imposing sentence the judge considered Monge’s criminal history, which included prior federal convictions for fraud involving cloned cellphone devices and possession of firearm silencers without serial numbers. Judge Anderson also said that Monge’s applying for passports in false names while on bond showed a lack of respect for the law.
The investigation into Monge was conducted by the Southern California Identity Theft Task Force which includes the Federal Bureau of Investigation, the Los Angeles County Sheriff’s Department, and the U.S. Department of State.
Florida Man Sentenced for Robbing Regions Bank in ColumbusRead the Press Release
Byron McCollum, age 67, of Lake Worth, Florida, was sentenced today to serve 32 years in Federal prison for the June 2, 2015 armed robbery of Regions Bank on Veterans Parkway in Columbus, announced U.S. Attorney G.F. “Pete” Peterman, III. The Honorable Clay D. Land, United States District Court Judge, handed down the sentence in Columbus. Mr. McCollum has an extensive criminal record which includes nine prior convictions for armed robberies of banks throughout the Southeastern United States.
Mr. McCollum was convicted of armed robbery, following a four-day jury trial, on March 3, 2016. Testimony at trial revealed that Mr. McCollum and Michael Lee Hall entered the bank on June 2, 2015 wearing masks, hats and gloves and brandishing handguns. Mr. Hall walked into the bank’s lobby and ordered a female employee to the floor. Mr. McCollum approached the bank counter and ordered a female customer to the floor. He then displayed a handgun and demanded a bank teller open the door to allow him access behind the bank counter.
Once behind the counter, Mr. McCollum emptied currency from the cash drawers into a backpack. The pair then drove off in a red Chevrolet Camaro. Further testimony revealed that Mr. McCollum had stolen the red Chevrolet Camaro from Trophy Ford in Forsyth, Georgia prior to the bank robbery. While the pair was still in the bank parking lot, dye packs exploded inside the backpack covering the money with dye. They then abandoned the Camaro and drove from Columbus to Macon in Mr. McCollum’s gray Cadillac with Mr. Hall driving and Mr. McCollum lying in the backseat with the handgun ready in case they were stopped by law enforcement. He claimed that he would shoot the officer as he passed the back window of the vehicle should that happen.
Michael Lee Hall pled guilty to bank robbery and possession of a firearm in furtherance of a crime of violence on August 3, 2015. He was sentenced by Judge Land to serve 234 months in prison on November 18, 2015 for his part in the crime. He was also ordered to pay restitution to Regions Bank. He also had a prior conviction for armed bank robbery in Columbus in 1994. Mr. Hall did not testify at Mr. McCollum’s trial.
The case was investigated by the Federal Bureau of Investigation, the Columbus Police Department, Bibb County Sheriff’s Office, Monroe County Sheriff’s Office, Crawford County Sheriff’s Office and Pinellas County, Florida Sheriff’s Office. Assistant United States Attorney Melvin E. Hyde, Jr. and Assistant United States Attorney Crawford Seals prosecuted the case on behalf of the Government.
Inquiries regarding this case should be directed to Pamela Lightsey, United States Attorney’s Office at (478) 621-2603.
Firearms Dealer Sentenced for Illegal Possession of Firearm and Lying to Federal AgentsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that WAYLON GIVENS, age 42, of Amite, was sentenced today after having pled guilty to illegal possession of a machine gun and making a false statement the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
U.S. District Judge Susie Morgan sentenced GIVENS to 5 years of probation and 15 weekends of incarceration. Judge Morgan also assessed GIVENS a $5000.00 fine and 100 hours of community service. As part of GIVENS’ plea, he agreed to surrender his federal firearms license.
According to court documents, in July 2014, ATF conducted an investigation into RH Custom, an internet company based in Sweden. RH Custom was selling “Glock Switches,” “Lightning Links,” suppressor builder’s kits (silencers) and other firearms components to customers in the United States. Some of these parts are designed to convert semi-automatic firearms to fully automatic firearms, in violation of the National Firearms Act. As a result of the investigation, ATF learned that between June 2012 through August 2012, GIVENS, a Federal Firearms Licensee, doing business as Givens Firearms, ordered and received seven (7) Lightning Links and four (4) Glock Switches. ATF learned of GIVENS’ purchases by reviewing invoices obtained in relation to the investigation of RH Custom.
On July 11, 2014, ATF interviewed GIVENS and informed him of the nature of the investigation and that agents were aware of his purchases from RH Custom. Agents advised GIVENS that if he surrendered the parts to ATF, he would not be arrested and prosecuted for the federal offenses that he committed in relation to his purchase of the parts. Agents advised GIVENS that the purpose of ATF’s investigation was to retrieve the parts that he received from RH Custom. GIVENS told ATF that he sold multiple “Glock full-auto conversion kits” and “Lightening Links” to an unknown individual, but that he did not know the location of the parts. After further investigation, it was determined that GIVENS had sold the illegal parts to known individuals whom he knew were in possession of the parts at the time of the ATF interview.
U.S. Attorney Polite praised the work of the ATF New Orleans Division Office in investigating this matter. Assistant United States Attorney Nolan D. Paige was in charge of the prosecution.
Final Defendant Pleads Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., man – the eighth and final co-defendant – has pleaded guilty in federal court to his role in a conspiracy to distribute methamphetamine in the Springfield area.
Michael P. Ayala, 37, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush on Tuesday, July 5, 2016, to participating in a conspiracy to distribute methamphetamine, to possessing a firearm in furtherance of a drug-trafficking crime and to participating in a money-laundering conspiracy.
Co-defendant Ronda L. Easton, 53, of Springfield, pleaded guilty on Wednesday, June 29, 2016, to the same charges. Ayala and Easton are among eight co-defendants who have pleaded guilty, including Steven A. Easton, 49, James M. Parker, 46, Robert M. Cardenas, Jr., 28, Cody D. Keller, 33, and David M. Climer, 37, all of Springfield, and Michael D. Thompson, 58, of Goodyear, Ariz.
Ayala admitted that he supplied methamphetamine to Steven Easton for distribution in the Springfield area until his wife, Ronda Easton, was released from state prison and took over the methamphetamine distribution operation in Springfield. The methamphetamine arrived by mail and was transported by vehicles from Arizona. Ronda Easton sold pound quantities to Parker, Keller, and Climer. Thompson and Cardenas delivered the methamphetamine by vehicle from Arizona to Missouri.
Ronda Easton admitted that she had been distributing large amounts of methamphetamine that she purchased from Ayala. She paid Ayala $9,000 per pound of methamphetamine and sold it for $12,000 per pound. She stated that she received methamphetamine from Ayala every seven to 10 days and referred to one recent shipment of 10 pounds of methamphetamine.
On April 15, 2015, law enforcement officers in New Mexico stopped a Jeep Commander driven by Cardenas, with Thompson as a passenger, and seized approximately 14.5 pounds of methamphetamine hidden inside a compartment near the back of the vehicle. They also seized a bundle that contained 2,228 grams of methamphetamine inside a luggage bag. Cardenas told investigators that Ayala had paid him $1,700 to drive the vehicle from Arizona to Springfield.
The next day, a controlled delivery of methamphetamine was made to Ayala in Springfield. Ayala was arrested in a traffic stop and officers found a Springfield Armory 9mm semi-automatic pistol in the vehicle, as well as ammunition, syringes, and $19,231. Under the terms of today’s plea agreement, Ayala must forfeit the Jeep Commander, the firearm and ammunition, and the cash to the government.
On Jan. 5, 2015, law enforcement officers executed a search warrant at a residence shared by Ayala and Ronda Easton. They seized four large Tupperware containers containing a total of approximately 1.5 kilograms of pure methamphetamine, a black brief case containing baggies of methamphetamine and $1,520, a Taurus .410-caliber shotgun, a Cobra .380-caliber semi-automatic pistol, a loaded Quality Firearms .38-caliber revolver, a loaded Springfield Armory 9mm pistol, a Smith and Wesson .40-caliber pistol, and $14,779 in a purse.
Ayala and Ronda Easton admitted that they used the proceeds from distributing methamphetamine to buy assets, which also concealed the source of their proceeds, including a residential property and a 2012 Ford Mustang that must be forfeited to the government.
Under federal statutes, Ayala is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, IRS-Criminal Investigation, the Springfield, Mo., Police Department, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Missouri State Highway Patrol, the Yavapai County, Ariz., Sheriff’s Department, the Bernalillo County, N.M., Sheriff’s Department, and the Franklin County, Mo., Sheriff’s Department.
Federal Prison Inmate Charged with Assaults on Other InmatesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Grand Jury in Harrisburg has indicted Tomas Gausin-Ceniseros, who is currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania, of assault resulting in serious bodily injury.
According to United States Attorney Peter Smith, Gausin-Ceniseros, age 39, is charged with alleged assault resulting in serious bodily harm. Gausin-Ceniseros allegedly committed the assaults against other inmates in separate incidents at USP Lewisburg in April 2013 and January 2014.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney George J. Rocktashel 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 guilty 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 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine of $250,000.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily an accurate indicator of the potential sentence for a specific defendant.
# # #
Doctor Who Falsely Diagnosed Hundreds of Patients as Part of a Medicare Fraud Scheme Sentenced to PrisonRead the Press Release
Dr. Isaac Kojo Anakwah Thompson, M.D. 57, of Delray Beach, was sentenced today by United States District Judge William J. Zloch to 46 months’ imprisonment, to be followed by two years of supervised release, after having previously pled guilty to health care fraud. Dr. Thompson was further ordered to pay restitution in the amount of $2,114,332.33.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Assistant Attorney General William J. Baer, Special Agent in Charge George L. Piro, Federal Bureau of Investigation (FBI), Miami Field Office and Special Agent in Charge Shimon R. Richmond, Department of Health and Human Services, Office of Inspector General (HHS-OIG), Florida region, made the announcement.
According to the court record, including facts admitted during the defendant’s plea hearing and the parties’ statements at sentencing, Dr. Thompson engaged in a scheme to defraud the Medicare Advantage program, a voluntary system which allows Medicare beneficiaries to enroll in health insurance plans sponsored by private insurance companies. For each beneficiary who chooses to enroll in a Medicare Advantage plan, Medicare pays the sponsoring insurance company a fixed, or capitated, monthly fee. Medicare does not adjust the fee based on the cost of providing medical care to the beneficiary. Instead, Medicare adjusts the fee based on the beneficiary's medical conditions. As a result, Medicare generally pays a larger capitated fee for a beneficiary with more serious medical conditions than it does for a healthier beneficiary. Medicare determines a beneficiary's medical conditions in part using diagnoses submitted by the beneficiary's Medicare Advantage plan physician.
Dr. Thompson’s fraudulent conduct involved certain Medicare Advantage plans sponsored by Humana, Inc. These Humana plans operated as health maintenance organizations (HMOs) and each enrolled beneficiary selected a primary care physician (PCP) enrolled in Humana’s network. Before seeing a specialist, the beneficiary generally needed a referral from his or her PCP. Dr. Thompson was an internist who operated a medical clinic in Delray Beach and was a PCP in Humana’s HMO network. As such, a beneficiary enrolled in a Humana HMO Medicare Advantage plan could choose Dr. Thompson as the beneficiary’s PCP. Humana paid Dr. Thompson approximately 80% of the capitated fee for each beneficiary who had selected the defendant as his or her PCP.
Between 2006 and 2010, Dr. Thompson defrauded Medicare by diagnosing 387 Medicare Advantage beneficiaries with ankylosing spondylitis, a rare chronic inflammatory disease of the spine. Dr. Thompson reported these diagnoses to Humana, which in turn reported them to Medicare. As a result, Medicare paid approximately $2.1 million in excess capitation fees, approximately 80% of which went to the defendant. All or almost all of these ankylosing spondylitis diagnoses were false because in fact, the patients did not have the condition. Because the diagnoses were false, the defendant did not have any corresponding increase in his cost to treat the patients.
Mr. Ferrer and Mr. Baer commended the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney Marc Osborne and Trial Attorney Paul Gallagher, United States Department of Justice, Antitrust Division.
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.