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28 June 2016
Buffalo Man Sentenced on Marijuana and Money Laundering ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Raymond Lee, 50, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribute, 100 kilograms or more of marijuana and money laundering conspiracy, was sentenced to 60 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Wei Xiang, who handled the case, stated that Lee was part of an operation that shipped at least 100 kilograms of marijuana, including by mail, from California for sale in the Buffalo area. The marijuana was then paid for by the deposit of U.S. currency into “funnel” bank accounts.
A search of an apartment in Hamburg, NY associated with the conspiracy in August 2013 uncovered 37 metal cans, sealed like canned vegetables in grocery stores, containing approximately 37 pounds of marijuana, each worth over $1,000. In addition, a search of Lee’s residence uncovered over $38,000 in cash, as well as funnel account deposit slips and receipts. Law enforcement surveillance captured Lee repeatedly visiting the Hamburg apartment and sometimes retrieving cans. Undercover purchases of marijuana were also made directly from Lee.
Lee is the fifth defendant to be sentenced in this investigation. Defendants Mark Moodie, Wilfred Taylor, Oneil Bennett, and William Key have also been convicted and sentenced in this case.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Border Enforcement Security Team, under the direction of Special Agent in Charge James C. Spero, the Lackawanna Police Department, under the direction of Chief James Michel, and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
Buffalo Man Sentenced in Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Brian Avery Smith, 43, of Buffalo, NY, who was convicted of bank fraud, was sentenced to 63 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Maura K. O'Donnell and Russell T. Ippolito, who handled the case, stated that Smith caused fraudulent loan applications and supporting documentation to be submitted to banks, credit unions, peer to peer lenders, and other business entities. The defendant also defrauded individuals out of funds under the guise of investing their money in real estate, when, in fact, he personally spent the money and did not purchase real estate. Smith also used fraudulent applications to open a credit card and to obtain a Land Rover vehicle. The defendant applied for over $1,000,000 in fraudulent loans. Smith also perpetrated a mortgage fraud scheme, using a straw borrower from Buffalo to obtain fraudulent mortgages for properties in the Atlanta, Georgia area.
A co-defendant, Kelly Atkinson, 32, of Wake Forest, North Carolina, also caused fraudulent loan applications and supporting documentation to be submitted to credit unions and other businesses for the purpose of obtaining loans. The fraudulent loans applied for by Atkinson totaled approximately $460,000. He was convicted and sentenced to 12 months in prison.
Today’s sentencing is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen.
Buffalo Man Sentenced for Bank RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Kenneth Dykes, 50, of Buffalo, NY, who was convicted of three counts of bank robbery and for violating the terms of supervised release for a 2006 bank robbery conviction, was sentenced to 175 months in prison by U.S. District Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant robbed three separate locations of M&T Bank: on January 14, 2015 on Seneca Street in Buffalo; on January 15, 2015 on Lake Avenue in Blasdell, NY; and on January 20, 2015 on Niagara Falls Boulevard in Amherst, NY. During each robbery, Dykes verbally demanded money from a teller. On two occasions, the defendant led the teller to believe he had a firearm.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent in Charge, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the Amherst Police Department, under the direction Chief John Askey and the Village of Blasdell Police Department, under the direction of Officer in Charge Lieutenant Joseph Gramaglia.
Brooke County man sentenced for methamphetamine distributionRead the Press Release
WHEELING, WEST VIRGINIA – Charles A. Marker, 40, of Wellsburg, West Virginia, was sentenced to 120 months in prison today for distribution of methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.
Marker previously pled guilty in February 2016 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine.”
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Hancock, Brooke, Weirton Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
British Man Sentenced to 85 Years in Prison for Trafficking Child PornographyRead the Press Release
A citizen of the United Kingdom was sentenced today to 85 years in prison for his part in a child pornography trafficking conspiracy, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Josh Minkler of the Southern District of Indiana.
Domminich Shaw, 35, was sentenced by U.S. District Judge William T. Lawrence of the Southern District of Indiana, who ordered that he also serve a lifetime term of supervised release. Shaw pleaded guilty on Oct. 22, 2015, to 26 counts, including conspiracy to advertise child pornography and conspiracy to receive and distribute child pornography. He was indicted by a grand jury in Indianapolis on Feb. 23, 2011, and was extradited from the United Kingdom on Dec. 20, 2014.
In 2005, Shaw was convicted in the U.K. of “indecent assault” on four different females under the age of 13.
According to plea documents, Shaw created and administered a website that contained child pornography involving infants and toddlers. This website allowed Shaw and other co-conspirators to distribute and advertise to each other images and videos, and send one another related messages, so that the child pornography would be shared with other members. Shaw participated on the website under aliases, including “Nepi” and several variations of that word. The word “nepi” is associated with nepiophilia, the sexual attraction to babies, toddlers and very young children.
This case is part of Operation Bulldog, in which nine individuals have been convicted in the Southern District of Indiana.
The FBI’s Indianapolis Division and London’s Metropolitan Police Service investigated the case. Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Senior Litigation Counsel Steven DeBrota of the Southern District of Indiana prosecuted the case. The Criminal Division’s Office of International Affairs provided assistance in this matter.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Bedford County Felon Admits Illegally Possessing 19 Firearms and AmmoRead the Press Release
JOHNSTOWN, Pa. - A resident of Everett, Pa., pleaded guilty in federal court to a charge of unlawful possession of firearms by a convicted felon, United States Attorney David J. Hickton announced today.
Gene F. Bussard, 41, of Everett, Pa., pleaded guilty to the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on Nov. 7, 2013, Bussard, who had been convicted in 2003 in Allegany County, Md., of theft, unlawfully possessed 19 firearms and ammunition. Federal law prohibits persons who have been convicted of a crime punishable by imprisonment for more than one year from possessing ammunition or firearms. Theft is such a crime.
Judge Gibson scheduled sentencing for Oct. 20, 2016, at 10:00 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
According to Mr. Hickton, Bussard is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Baltimore Heroin Importer Sentenced to 7 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Adedeji Ajala, age 36, of Baltimore, Maryland today to seven years in federal prison, followed by four years of supervised release, for conspiracy to import heroin.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Postal Inspector in Charge Maria L. Kelokates of the U.S. Postal Inspection Service - Washington Division; and Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office.
According to the evidence presented at his six day trial, two international parcels, one sent in July 2014 to the name “Wayne Adams,” at an address on Whittier Avenue in Baltimore; and one sent in August 2014 to the name “Bobby Mills,” at 3814 Old Frederick Road in Baltimore, are associated with Ajala. Both packages were intercepted by investigators, searched pursuant to a federal search warrant, and found to contain a total of approximately 382.5 grams of heroin.
On August 12 and August 14, 2014, undercover postal inspectors placed calls to an individual, later identified as Ajala, to arrange for a controlled delivery of the Old Frederick Road package. During those calls, Ajala portrayed himself as “Bobby Mills,” and inquired about the whereabouts and pickup of the Old Frederick Package. According to trial testimony, Ajala provided fraudulent identity documents, including a driver’s license and social security card in the name of “Bobby Mills,” to a co-conspirator, so that the co-conspirator could pick up the Old Frederick Road package.
According to evidence presented at trial, Ajala drove the co-conspirator to the Carroll Station Post Office on August 15, 2014, to attempt to pick up the Old Frederick Road package. The co-conspirator went inside to get the package and was arrested almost immediately. Shortly thereafter, several investigators approached Ajala, who was sitting outside in his car. Ajala sped off, striking two unmarked police cars with officers inside, and then fled on foot down an alley.
Witnesses testified that law enforcement recovered several cell phones from Ajala’s abandoned vehicle. One of those phones, found on the driver’s side floor, contained both the tracking number for the Whittier Package and the tracking number for the Old Frederick Package. That same cell phone showed the two incoming calls, in which the undercover postal inspectors had spoken with Ajala about that package. Another phone, found in the center console, contained the full address found on the Old Frederick Package.
United States Attorney Rod J. Rosenstein praised HSI Baltimore, U.S. Postal Inspection Service, and DEA for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Matthew C. Sullivan and Christopher J. Romano, who prosecuted the case.
Arlington, Texas, Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
FORT WORTH, Texas — Bryan Kendall Pittsinger, 39, of Arlington, Texas, was sentenced today by U.S. District Judge Terry R. Means to the statutory maximum of 30 years in federal prison, following his guilty plea in March 2016 to one count of production of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, between approximately January and April 2014, Pittsinger knowingly used a minor female, MV1, to engage in sexually explicit conduct that he photographed at his Arlington residence.
In August 2014, officers with the Arlington Police Department executed a search warrant at Pittsinger’s residence and seized numerous pieces of digital media, to include computers, flash drives, CD/DVDs, mobile phones and cameras. Sexually explicit images of MV1, who was approximately six years old at the time, were located on his computer.
This year marks the 10th anniversary of the Project Safe Childhood (PSC) initiative. PSC is a department initiative launched in May 2006 to combat the proliferation of technology-facilitated sexual exploitation crimes against children. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, tribal and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. Since FY 2011, the Department of Justice has filed 20,260 PSC cases against 19,111 defendants. These cases include prosecutions of child sex trafficking; sexual abuse of a minor or ward; child pornography offenses; obscene visual representation of the sexual abuse of children; selling or buying of children; and many more statutes. To learn more about PSC’s work, please visit: https://www.justice.gov/psc
The Arlington Police Department and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney A. Saleem was in charge of the prosecution.
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Angleton Texas Tax Return Preparer Sentenced for False ReturnsRead the Press Release
HOUSTON – Stanshelle Renique Gaul has been ordered to prison following her conviction for preparing false client tax returns, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge D. Richard Goss, of IRS - Criminal Investigation (CI). Gaul pleaded guilty in September 2015.
Today, U.S. District Judge Lynn N. Hughes handed Gaul a 24-month prison sentence. She was further ordered to pay $284,569 in restitution and will also be required to serve one year of supervised release following completion of the prison term.
Court documents show that Gaul included false deductions and credits in at least 59 client tax returns for tax years 2007 through 2010, which generated fraudulent refunds totaling approximately $284,569. The most egregious fraudulent refund was obtained in a 2009 tax return that claimed a business loss of $21,340 loss and a charitable contribution deduction of $21,300 without the client’s knowledge or consent. The fraudulent tax return also claimed a $1,200 dependent child care credit for children who were unknown to the client. This one tax return alone caused an estimated loss to the U.S. Treasury of $9,803.
Gaul was permitted to remain on bond pending the issuance of an order to surrender to a U.S. Bureau of Prisons facility to be designated in the near future.
The investigation leading to these charges was conducted by IRS-CI. Assistant U.S. Attorney Jimmy Sledge Jr. is prosecuting the case.
Ada Man Sentenced to 78 Months for Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that ADRIAN MICHAEL SEAL, age 37, of Ada, Oklahoma, was sentenced to 78 months imprisonment, followed by 10 years of supervised release for POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).
The charges are a result of an investigation by the Federal Bureau of Investigation. The defendant was indicted in December, 2015 and pled guilty in January, 2016.
The Indictment alleged that between in or about October 2014 and on or about July 16, 2015, in the Eastern District of Oklahoma, the defendant, ADRIAN MICHAEL SEAL, did knowingly possess and attempt to possess matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Dean Burris represented the United States.
23 People Indicted in Decades-Long, $126 Million Telemarketing Scheme involving Sale of Toner for Copiers and PrintersRead the Press Release
SANTA ANA, California – Federal authorities and Huntington Beach Police officers this morning arrested 20 defendants indicted by a grand jury on charges of participating in a long-running telemarketing scheme that targeted small businesses and charities by selling them toner products for printers and photocopiers at grossly inflated prices.
The indictment unsealed after this morning’s arrests alleges that participants in the scheme fraudulently induced over 50,000 victims to send more than $126 million to telemarketers who posed as the victims’ regular supplier of toner products at prices as much as ten times the normal retail price.
The 30-count indictment, which charges 23 defendants, alleges a conspiracy that started in 1988 and was orchestrated by Gilbert N. Michaels, a West Los Angeles man who had previously been ordered by federal and state court judges to cease fraudulent and deceptive business practices related to toner sales. Michaels owned and operated IDC SERVCO, a Culver City-based business that sold toner to small businesses, charities (such as Easter Seals Disability Services and the United Way), schools, churches, city governments and other entities in the United States and Canada.
In addition to the 20 defendants arrested this morning, two other defendants have agreed to surrender in the coming days. Authorities continue to search for the final defendant. Those taken into custody in this district this morning are expected to be arraigned this afternoon in United States District Court in Santa Ana.
“This toner fraud has been a tremendous burden on small businesses across America for many years,” said United States Attorney Eileen M. Decker. “The fraud had a tremendous impact on some victims, who reported a severe impact on their finances, and the collective losses caused by the fraud were massive.”
“This case originated from the initiative of the Huntington Beach Police Department,” said Special Agent in Charge L. Robert Savage of the U.S. Secret Service’s Los Angeles Field Office. “Their long-term partnership and steadfast collaboration with the Secret Service and other law enforcement agencies led to the dismantling of a large-scale fraud operation, which impacted victims throughout the United States.”
“The teamwork and tenacity of the agencies, investigators and prosecutors involved in this complex investigation is a testament to law enforcement’s united commitment to pursue accountability for criminals and justice for victims,” said Huntington Beach Police Chief Robert Handy.
“I’d like to commend our partners at the Huntington Beach Police Department and the U.S. Secret Service for their initiative and tenacity in following the evidence to what ultimately amounted to an enormous scheme. It is an honor to work with these agencies,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The actions of the defendants, some of whom became millionaires through the scheme, specifically targeted and victimized America’s small businesses and charities.”
The indictment outlines a scheme in which telemarketers at a series of companies called victim organizations and claimed to be their regular supplier of toner or affiliated with those suppliers. The telemarketers typically told employees at the victim companies that the price of toner had increased and they had not been notified, however, the victims now had a chance to purchase toner at the previous, lower price. Believing that they were dealing with their regular supplier of toner supplies, employees at the victim companies signed order confirmation forms, which prompted Michael’s company to ship toner to victims and send invoices that demanded payment at inflated prices.
When the victim companies realized they had been scammed, they called IDC to complain. The victims were told IDC could not cancel the order or refund money because the victims had signed order confirmation forms, according to the indictment, which further alleges that IDC failed to disclose its relationships to the telemarketing companies that had actually brokered the fraudulent deals.
In many cases, the indictment alleges, IDC employees threatened victims with collections or legal action if they did not pay an invoice. In the cases where IDC agreed to take toner back, victims were forced to pay significant “restocking fees.”
The indictment alleges that most victims received toner at no extra cost as part of their printer or copier service agreements. The indictment alleges the telemarketers knew there had not been a price increase for toner, and failed to disclose that the prices they were charged were two to ten times the regular cost of toner.
Another aspect of the fraud was that the telemarketers failed to disclose that they were affiliated with IDC. In a series of court orders dating back to November 1988, Michaels and his companies were prohibited from making false statements – such as that they were a usual supplier of photocopier supplies or that there had been price change – and they were required to provide oversight to “independent sales companies.” Michaels allegedly violated these court orders by working with and providing financing to independent sales companies that were engaged in deceptive and fraudulent practices, despite the fact that IDC received thousands of complaints from victims claiming they had been defrauded.
The defendants named in the indictment are:
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Gilbert “Gil” N. Michaels, 73, of West Los Angeles, the owner of G.N.M. Financial Services Inc., doing business as IDC SERVCO and Mytel International, Inc.;
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Jerry P. Feldman, 61, of Mar Vista, a longtime associate of Michaels who is the vice president of IDC;
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Anjanette S. Lester, 60, of Garden Grove, who owned Supply Processing Center, Inc. and Invoice Processing Center, Inc.;
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Glen K. Katayama, 48, of Fullerton, who owned GK Ventures, Inc., Supply Management Center, and Copier Products Center;
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Tiffany M. Ostrander, 32, of Newport Beach, who owned Epic Distribution, Inc. and Supply Fulfillment Center;
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Ostrander’s husband, Sean S. Moustakas, 35, of Newport Beach, who also owned and/or controlled Epic Distribution, Inc. and Supply Fulfillment Center;
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James R. Milheiser, 49, of Huntington Beach, who owned and/or controlled Material Distribution Center, PDM Marketing, Bird Coop Industries, Inc., and Copier Products Center;
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Thomas A. Sanetti, 49, of Huntington Beach, who also owned and/or controlled Material Distribution Center; Bird Coop Industries, Inc.; and Copier Products Center, as well as West Coast Distribution and Uncaged Industries, Inc., who has agreed to surrender to authorities in the coming days;
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Cynthia A. Weekes, 47, of Pacific Palisades, who owned Coastal Distribution Center, Inc.;
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Cynthia Weekes’ husband, Michael B. Weekes, 44, of Pacific Palisades, who also owned Coastal Distribution Center, Inc., the one defendant who is still being sought by authorities;
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Daniel C.J. Ellis, 59, of Folsom, who owned Turner Supply Company, Inc. and Tech Transfer, Inc. (doing business as Delray Supply Company), who is expected to appear this afternoon in federal court in Sacramento;
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Leah D. Johnson, 52, of Ignacio, Colorado, who owned Capital Supply Center and LJT Distribution, Inc., who is expected to appear this afternoon in federal court in Durango, Colorado;
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John A. Buzzard, 60, of San Diego, who also owned and/or controlled Capital Supply Center and LJT Distribution, Inc.;
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Jonathan M. Brightman, 49, of West Lake Village, who owned Copy Com Distribution, Inc.; Independent Cartridge Supplier; and Corporate Products, who has agreed to surrender to authorities in the coming days;
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Stephen D. Paine, 51, of Hollywood, who owned Case Distribution Services, Inc.;
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Sharon Scandaliato Virag, 51, of West Hills, who owned XL Supply, Inc.;
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Glen M. Diamond III, 38, of Carlsbad, who owned Specialty Business Center; Specialty Office Products, Inc.; and Elite Office Supplies, Inc.;
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Tammi L. Williams, 41, of Chino Hills, who was the office manager at Elite Office Supply, and also worked at Specialty Business Center, Rancho Office Supply and Select Imaging Supplies;
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Christina M. Cadena, 49, of Vista, who owned Warehouse Service Center, Inc. and Resource Processing Center, Inc.;
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Michelle C. Nunez, 53, of Menifee, who also owned and/or controlled Warehouse Service Center, Inc. and Resource Processing Center, Inc.;
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Francis “Frank” S. Scimeca, 51, of Woodland Hills, who owned Supply Central Distribution, Inc. and Priority Office Supply;
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Cynda L. Hill, 43, of Rancho Cucamonga, who owned and/or controlled Distribution Service Center, Inc. and C&H Management; and
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Cynda Hill’s husband, Henry L. Hill II, 44, of Rancho Cucamonga, who also owned and/or controlled Distribution Service Center, Inc., and C&H Management.
All 23 defendants are charged with conspiracy to commit mail fraud. Each of the 23 is charged in at least one of the two dozen mail fraud counts alleged in the indictment. Michaels is additionally charged with five counts of money laundering.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
All of the charges in the indictment carry a statutory maximum penalty of 20 years in federal prison, except for two of the money laundering against Michaels, which carry a 10-year maximum prison term.
The four-year investigation into this toner fraud case was conducted by the Huntington Beach Police Department, the United States Secret Service, the FBI and the Orange County District Attorney’s Office. Several other agencies assisted with today’s arrests and search warrant executions as well as at various points during the investigation. The case is being prosecuted by Assistant United States Attorney Greg Staples.
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27 June 2016
Woman Caught Smuggling Cocaine at Charlotte Airport Pleads Guilty to Drug ChargesRead the Press Release
CHARLOTTE, N.C. – Shavona Danisha Pyatt, 28, of Conway, N.C., appeared in federal court today and pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. U.S. Magistrate Judge David Keesler presided over today’s plea hearing.
Nick Annan, Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Patti Fitzpatrick, Port Director of the U.S. Customs and Border Protection (CBP) Area in Charlotte join U.S. Attorney Rose in making today’s announcement.
According to filed plea documents and today’s hearing, on November 13, 2015, Pyatt arrived at Charlotte Douglas International Airport (Charlotte Douglas Airport) on a direct flight from Montego Bay, Jamaica. Upon entering the United States, Pyatt presented herself to CBP agents at primary inspection at the airport. Pyatt acknowledged packing her own luggage. At secondary inspection, CBP agents discovered that Pyatt was attempting to smuggle cocaine pellets hidden both in her luggage and pants. Court records indicate that CBP agents recovered additional cocaine pellets hidden in Pyatt’s body cavities. A total of 61 pellets containing between 400 grams to 500 grams of cocaine were recovered from Pyatt. Pyatt was interviewed by HSI agents and stated that she intended to deliver the cocaine to Myrtle Beach, S.C. in exchange for $12,000.
Pyatt was detained following the plea hearing. The charge levied against her carries a maximum prison term of 20 years and a $1,000,000 fine. A sentencing date has not been scheduled yet.
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In a separate case, Winston Sherif Richards, 40, of Jamaica, was sentenced today by Chief U.S. District Judge Frank D. Whitney to 30 months in prison, and one year of supervised release on federal drug conspiracy charges. According to court records, in October 2015, Richards was arrested when he attempted to smuggle cocaine through customs security at Charlotte Douglas Airport. Court records show that law enforcement found two bags of cocaine weighing approximately 822 grams, hidden within the lining of Richard’s backpack. Richards told law enforcement that he was hired by a man to bring some “stuff” to the United States and to deliver it to an unknown man in New York. Richards later admitted in court that he actively participated in the drug conspiracy. Richards pleaded guilty in March 2016 to one count of conspiracy to possess with intent to distribute cocaine.
In handing down Richards’ sentence, Judge Whitney said that this prison sentence will help deter future drug trafficking at the Charlotte airport. In addition to the prison term imposed, the court ordered Richards be deported upon completion of his sentence.
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In a third prosecution involving drug smuggling at the airport, Tamara Williams-Kelly, 37, of Jamaica has also pleaded guilty to federal drug charges. According to court records, in February 2016, Williams-Kelly flew into Charlotte Douglas Airport from Jamaica. At the airport, CBP agents recovered a total of 1.57 kilograms of packaged powder cocaine hidden in the defendant’s carry-on luggage and on her person. Court records show that Williams-Kelly told law enforcement she was promised $7,000 as payments for delivering the drugs to Norfolk, Virginia. Williams-Kelly pleaded guilty on April 29, 2016, to one count of conspiracy to distribute and to possess with intent to distribute cocaine, one count of possession with intent to distribute cocaine, one count of unlawful importation of cocaine conspiracy and one count of unlawful importation of cocaine. She is currently in federal custody awaiting sentencing.
All three cases are the result of HSI’s Airport Drug Interdiction initiative that targets international drug smuggling and financial crimes, including money laundering, bulk cash smuggling, and unlicensed money transmitters/transporters that utilize air travel to further their criminal enterprise. Through this initiative, HSI incorporates the collaborative efforts of multiple law enforcement agencies, to include CBP, North Carolina Department of Public Safety’s Divisions of Alcohol Law Enforcement (ALE) and Department of Correction (DOC), Charlotte-Mecklenburg Police Department, Pineville Police Department and Cornelius Police Department. In making today’s announcement U.S. Attorney Rose thanked these agencies for their joint investigation of these cases.
The prosecution for the government is being handled by Assistant U.S. Attorney Sanjeev Bhasker of the U.S. Attorney’s Office in Charlotte.
Winter Springs Man Sentenced to Eighteen Years for Attempted Enticement of A MinorRead the Press Release
Orlando, Florida – United States District Judge Carlos Mendoza today sentenced George Adrien Brooks (73, Winter Springs) to 18 years in federal prison for attempting to induce a child to engage in illicit sexual conduct. A federal jury found him guilty on March 4, 2016.
According to evidence presented at trial, between September 5 and September 10, 2015, Brooks engaged in online communications with the purported father of a 10-year-old boy about engaging in sexual conduct with the child. The “father” was an undercover FBI agent. On September 10, 2015, Brooks traveled to Seminole County to meet the child for sex and was arrested. During the trial, the government presented evidence that Brooks had sexually abused another child 44 years ago.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
West Des Moines Man Sentenced to 70 Years in Prison for Retail Theft Scheme, Child Pornography, and Witness Tampering ChargesRead the Press Release
DES MOINES, IA – On June 23, 2016, Bradley J. Prucha, 39, of West Des Moines,
Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to a total of 840
months, or 70 years, in federal prison for executing a multistate retail theft scheme, producing
and possessing child pornography, distributing Xanax to minors, and attempting to bribe minor
witnesses to change their trial testimony, announced United States Attorney Kevin E.
VanderSchel. Prucha was previously convicted by a Southern District of Iowa jury on March 1,
2016, on multiple counts, including conspiracy, mail fraud, production of child pornography,
possession of child pornography, distribution of Xanax to persons under the age of twenty-one,
and witness tampering. Prucha was ordered to serve a lifetime term of supervised release to
follow his release from prison, pay restitution to the business victims, and $1,900 to the Crime
Victims’ Fund.
Over the course of a six day jury trial, the government presented evidence showing
Prucha was the leader of a retail theft scheme from at least October 2013 until his arrest on June
4, 2015. To execute his scheme, Prucha printed UPC bar code stickers, and then placed the
stickers on items in stores so they would ring up at a lower price. He then returned the items to
stores for their full price, or sold them online through eBay, Craigslist, or directly to bulk buyers.
Prucha committed the thefts between Florida and Iowa, where he maintained separate residences,
and in Nebraska and Illinois. At trial, witnesses described how Prucha recruited adults and
teenagers to place stickers on items, purchase them for the fraudulent price, and make the returns
so as to avoid detection himself. At the time Prucha orchestrated and executed his retail bar
coding scam, he was on probation for having committed a nearly identical bar code switching
scheme in Florida. Prucha admitted to committing the bar code fraud scheme during his trial
testimony.
The evidence at trial also established Prucha used teenage girls to commit thefts for him,
and paid the girls to have sex with him using proceeds from the scheme as well as Xanax. One
witness testified she committed thefts for Prucha starting as young as fifteen years old; multiple
witnesses testified Prucha’s nephew also committed thefts for him from an even younger age. At
trial, the minor victims testified that Prucha gave them Xanax and money to have sexual relations
with him. Prucha filmed three sexually explicit videos of himself engaged in sexual activity with
minors. He maintained possession of the videos on his electronic devices and multiple witnesses
testified that Prucha showed them the videos. Testimony and Prucha’s own recorded statements
played at trial, proved he threatened the victims with physical harm when one victim learned
about the video of her (which had been taken without her knowledge) and threatened to tell the
police.
A former inmate at the Polk County Jail testified that Prucha directed him to offer money
to the minor witnesses for them to sign false affidavits, which would have contradicted their
statements and the evidence in the case. Prucha provided the inmate, someone he knew was a
convicted sex offender, with personal details about the minor witnesses, including hand-drawn
maps to the girls’ homes, their telephone numbers, details about their personal lives, names of
family members, and the hours and location of their jobs.
“The evidence in this case showed Bradley Prucha is a dangerous predator who
manipulated vulnerable teenage girls to commit fraud for him and to have sex with him by
providing them Xanax, money and gifts, and through threats, intimidation, and emotional and
mental manipulation,” said United States Attorney Kevin E. VanderSchel. “The significant term
of incarceration Prucha will serve is appropriate and necessary to protect the public and other
potential victims.”
At sentencing, Chief United States District Judge John A. Jarvey imposed a total sentence
of 840 months. Prucha received the maximum term of imprisonment of five years as to the
conspiracy count, 20 years as to six mail fraud counts, 20 years for possession of child
pornography, and 10 years for the distribution of Xanax to persons under the age of twenty-one.
He additionally was sentenced to 40 years imprisonment on each count of production of child
pornography, a consecutive thirty years for committing those offenses while required to register
as a sex offender, and 30 years for each of the four counts of witness tampering.
This matter was investigated by the Federal Bureau of Investigation, with assistance from
the Asset Protections teams at various retailers, including Barnes & Noble, Walmart, Toys R Us,
and Best Buy. The case was prosecuted by the United States Attorney’s Office for the Southern
District of Iowa.
Washington County Man Sentenced for Conspiring to Distribute Cocaine and HeroinRead the Press Release
PITTSBURGH – LeeVaughn Walls, formerly of Bulger, Pennsylvania, was sentenced to 63 months in prison for conspiring to distribute at least 500 grams of cocaine and at least 100 grams of heroin in Western Pennsylvania, United States Attorney David J. Hickton announced today.
Walls, age 37, was sentenced by Chief United States District Judge Joy Flowers Conti. Judge Conti also sentenced Walls to serve four years of supervised release following his prison sentence. In support of the conviction and sentence of Walls, the Court was informed that Walls was involved in the distribution of kilogram quantities of cocaine and 10- to 50-brick quantities of heroin.
Assistant United States Attorneys Katherine A. King and Craig W. Haller prosecuted this case on behalf of the United States.
A task force led by the Drug Enforcement Administration conducted the investigation leading to the conviction in this case. The task force also included several other federal, state, and local agencies from multiple states, including the Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshals Service, the Pennsylvania State Police, the Allegheny County District Attorney’s Office, the Pittsburgh Bureau of Police, the Allegheny County Police Department, the Penn Hills Police Department, the Monroeville Police Department, and the McKees Rocks Police Department. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Attorney's Office and Other Area Leaders Travel to Washington for National Summit on Preventing Youth ViolenceRead the Press Release
Representatives from the U.S. Attorney's Office and Detroit’s Youth Violence Prevention Initiative traveled today to Washington, D.C. to join with other cities from around the country to discuss strategies for reducing youth violence and gang activity at the Fifth National Summit on Preventing Youth Violence.
The National Forum on Youth Violence Prevention, established at the direction of President Obama in 2010, is a network of communities and federal agencies that work together and build local capacity to prevent and reduce youth violence. Boston, Camden, Chicago, Detroit, Memphis, Minneapolis, New Orleans, Philadelphia, Salinas, San Jose, Long Beach, Cleveland, Louisville, Seattle and Baltimore are the 15 cities participating in the Forum. This national convening will bring together over 600 participants representing more than 30 cities, including many communities that have accepted President Obama’s MY Brother's Keeper Community Challenge.
President Obama launched the My Brother’s Keeper initiative in February of 2014 to address persistent opportunity gaps faced by boys and young men of color and ensure that all young people can reach their full potential. Through this initiative, the Administration is joining with cities and towns, businesses, and foundations who are taking important steps to ensure that every child has a clear pathway to success from cradle to college and career. Learn more at: https://www.whitehouse.gov/my-brothers-keeper.
"In light of the intolerable level of violence committed against children and teens in Detroit, we need to explore all ideas for protecting their safety," McQuade said. The National Forum brings together the best practices from around the country, and we hope to bring home the best ways to give our kids the safe environment they deserve."
U.S. Attorney Dana J. Boente Issues Statement on Supreme Court Ruling in McDonnell v. United StatesRead the Press Release
ALEXANDRIA, Va. – Dana J. Boente, United States Attorney for the Eastern District of Virginia, released the following statement today on the Supreme Court’s ruling in McDonnell v. United States:
“The U.S. Attorney’s Office is reviewing the Supreme Court’s decision in the McDonnell matter and does not have any further comment at this time.”
Two defendants plead guilty to Federal drug chargesRead the Press Release
HUNTINGTON, W.Va. – Two men pleaded guilty today to federal drug crimes, announced Acting United States Attorney Carol Casto. Matthew Michael Meadows, 31, of Charleston, pleaded guilty to conspiracy to distribute heroin. In a separate prosecution, Arthur James Canada, 25, of Huntington, entered his guilty plea to using a phone to facilitate a felony drug offense.
Meadows admitted that from the summer of 2014 to the spring of 2016, he conspired with others to distribute heroin in the Huntington and Charleston areas. Meadows frequently met with his co-conspirators and received amounts of heroin ranging from five grams to one ounce. He subsequently distributed the heroin and returned a portion of the drug proceeds back to his co-conspirators. Meadows admitted that he was responsible for the distribution of up to 400 grams of heroin. He faces up to 20 years in federal prison when he is sentenced on September 26, 2016.
In a separate drug prosecution, Arthur James Canada admitted that from February 2016 to May 2016, he conspired with other individuals to distribute marijuana that had been transported from California. Members of the conspiracy were also involved in the distribution of other controlled substances, including heroin, crack, and pain pills. During the conspiracy, Canada further admitted to receiving marijuana that he sold in the Huntington area. On March 28, 2016, he placed a call to a co-conspirator that was intercepted by law enforcement. During the call, Canada and the co-conspirator discussed the price at which to sell a certain type of marijuana. Canada faces up to four years in federal prison when he is sentenced on September 29, 2016.
The Drug Enforcement Administration conducted both investigations. Assistant United States Attorney Joseph F. Adams is handling the prosecutions. The plea hearings were held before Chief United States District Judge Robert C. Chambers.
These prosecutions were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Two Men Sentenced in Federal Court for Wildlife OffensesRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced today that two Milwaukee area men have pleaded guilty to and been sentenced in federal court for criminal violations of the Lacey Act, Title 16, United States Code, Sections 3372 (a)(2)(A) and 3373(d)(2). The violations related to the unlawful importation into the United States of wildlife that had been killed in Ontario, Canada, in violation of Canadian law.
United States Attorney Haanstad explained that in 2014, the Ontario Ministry of Natural Resources (OMNR) began an investigation into the illegal hunting activities of Reid Viertel (41) of West Allis, Wisconsin, and various associates, including Terry Schmit (43) of Franklin, Wisconsin. With assistance from the United States Fish and Wildlife Service (USFWS), the OMNR determined that despite not having an Ontario license, Viertel had shot and killed a timber wolf in February 2012. Authorities also determined that in August 2013, Schmit traveled to Ontario with Viertel, where he shot and killed a black bear while hunting without a license. In both instances, Viertel falsified export documents from Ontario for the purpose of importing the animal carcasses into the United States.
Schmit pleaded guilty to a single offense on June 16, 2016, and was sentenced to a $1,000 fine, the forfeiture of the black bear, and a ban on hunting, fishing, and/or trapping in North America until January 1, 2019. Viertel pleaded guilty to two offenses on June 21, 2016, and was sentenced to 3 years’ probation to include at least 25 hours per year of environmental community service, forfeiture of the wolf and black bear, and a ban on hunting, fishing, and/or trapping in North America until January 1, 2021. Viertel also was ordered to serve the 2016 dear gun season (November 19 – 27) in the custody of the United States Bureau of Prisons and to pay the cost of his incarceration. Both Viertel and Schmit also were convicted in Ontario, Canada, for their illegal hunting activities.
United States Attorney Haanstad explained that the prosecution of offenders who intentionally violate wildlife laws helps protect and preserve natural resources both within and outside the United States. United States Attorney Haanstad thanked the OMNR and the USFWS for their work and cooperation on this and similar investigations.
The prosecution was handled by Assistant United States Attorney Paul L. Kanter.
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Texas Woman Sentenced to Prison for Tax FraudRead the Press Release
Manager of North Carolina Tax Preparation Business Underreported Net Profits
A Fulshear, Texas, woman was sentenced to 40 months in prison today following her conviction on three counts of filing false federal tax returns and one count of corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
Tamny Denise Westbrooks, 53, was convicted in November 2015 after a four-day jury trial in the U.S. District Court for the Southern District of Texas. According to the evidence at trial and court documents, Westbrooks was the day-to-day manager of JATS Tax Service, a tax preparation business located in Charlotte, North Carolina. Westbrooks, who worked for JATS as an independent contractor, underreported her net profits by inflating her business expenses for tax years 2007, 2008 and 2009. She also obstructed and impeded the Internal Revenue Service (IRS) by filing false tax returns for herself and others and by paying workers in cash while failing to file the required W-2 or 1099 forms reporting their compensation.
In addition to her term of imprisonment, Westbrooks was ordered to serve one year of supervised release and to pay restitution in the amount of $273,460 to the IRS.
Acting Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorneys Sean Beaty and Mara Strier of the Justice Department’s Tax Division, who prosecuted the case. Acting Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office of the Southern District of Texas for their substantial assistance.
Reality TV Performer Admits Defrauding Bankruptcy Court, Illegally Transporting Cash into the U.S.Read the Press Release
PITTSBURGH – A reality television performer pleaded guilty in federal court to one count of concealing assets from the bankruptcy court and one count of failing to report an international currency transaction, United States Attorney David J. Hickton announced today.
Abigale Lee Miller, 50, formerly Penn Hills, Pa, and presently living in Los Angeles, Calif., pleaded guilty to two counts before Senior United States District Judge Terrence F. McVerry.
In connection with the guilty plea, the court was informed that in 2010, Miller filed a petition in bankruptcy seeking to reorganize debts from the operation of the Abby Lee Miller Dance Studio. The court was advised that during the bankruptcy case, Miller failed to disclose to the bankruptcy court revenue she earned from the sale of merchandise and ticket sales at Master Class dance sessions she hosted in cities in the United States in 2012 and 2013. Additionally, Miller failed to report to customs officials that she transported in excess of $10,000 in foreign currency from Australia into the United States in the summer of 2014, totaling approximately $120,000.
“Today’s guilty plea exemplifies the results that are achieved when law enforcement works collaboratively towards a common goal. IRS-Criminal Investigation, along with our partners at the Federal Bureau of Investigation, U.S. Postal Inspection Service, and Homeland Security-Investigations strive to protect the American public from those who attempt to circumvent the laws of our country and abuse the Bankruptcy process”, said IRS-CI Special Agent in Charge Akeia Conner.
“Television celebrities are held in high regard by their fan base for the fictional roles they play,” said Gregory C. Nevano, acting special agent in charge of HSI Philadelphia. “But the crimes exposed as a result of this joint investigation were far from fictional and send a very real message about the consequences that await those seeking to defraud the government.”
Judge McVerry scheduled sentencing for Oct. 11, 2016. The law provides for a total sentence of 10 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the United States Trustee, the United States Postal Inspection Service, the Internal Revenue Service-Criminal Investigation and the Department of Homeland Security Investigations conducted the investigation that led to the prosecution of Abigale Lee Miller.
Petersburg Man Indicted on Transportation and Possession of Child PornographyRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a Petersburg man was indicted for the transportation and possession of child pornography.
Marvin Mitchell Jackson, 28, a resident of Petersburg, Alaska, was arraigned today before U.S. Magistrate Judge Leslie C. Longenbaugh on the charges of transporting and possessing child pornography. Jackson pled not guilty to the charges and was ordered detained pending trial.
Assistant U.S. Attorney Jack S. Schmidt, who is prosecuting the case, informed the court that Jackson was contacted Jan. 18, 2016, during an unrelated investigation. Jackson was traveling from Washington to Petersburg, Alaska, on a commercial air carrier; his cell phone was seized and subsequently searched pursuant to a search warrant as part of that investigation. During the search, a number of images of child pornography were discovered. Law enforcement obtained additional search warrants and discovered hundreds of images of prepubescent children engaged in sexually explicit conduct, including images of known identifiable children obtained from Facebook and other media that had been modified by the defendant to depict the children in those images engaging in sexual explicit conduct. Many of the images were modified by the defendant to depict prepubescent children engaged in sexual explicit conduct, including text stating sexual abuse fantasies related to those children.
Jackson faces a mandatory minimum sentence of five years for the transportation of child pornography and faces a potential maximum sentence on each charge of 20 years in prison, and a $250,000 fine, or both. Jackson also faces up to life on supervised release. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Magistrate Judge Longenbaugh set a trial date for August 1, 2016, and ordered Jackson detained pending trial. The defendant is currently awaiting sentencing on the related drug charges in state court.
The charges against Jackson are the result of an investigation conducted by the Federal Bureau of Investigation (FBI) and the Petersburg Police Department. If the public has any further information, questions, or concerns about the activities of Jackson please contact the FBI at (907) 265-8254.
This case is being brought as part of Project Safe Childhood. In May 2006, DOJ launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Paul Tanaka, Former No. 2 in the Los Angeles Sheriff’s Department, Sentenced to Five Years in Federal Prison for Obstructing Federal Investigation into Misconduct at County JailsRead the Press Release
LOS ANGELES – Paul Tanaka, who was the second in command of the Los Angeles Sheriff’s Department, was sentenced today to 60 months in federal prison for his conviction on obstruction of justice charges stemming from him leading the LASD’s efforts to derail a federal investigation into corruption and civil rights violations by sheriff’s deputies at two downtown jail complexes.
Tanaka, 57, a resident of Gardena who left the LASD in 2013 when he was the undersheriff, was sentenced this morning by United States District Judge Percy Anderson. In addition to the five-year prison term, which Tanaka was ordered to begin serving on August 1, Judge Anderson ordered the defendant to pay a $7,500 fine.
In sentencing Tanaka, Judge Anderson recounted Tanaka’s career at the LASD, his role in the scheme to obstruct justice, and “the incalculable harm you have caused this community.”
While he was the assistant sheriff in charge of the jails, Tanaka “perpetrated an environment of excessive deputy conduct,” according to Judge Anderson, who said Tanaka’s actions led directly to an increased number of use-of-force incidents against inmates at the jails. The obstruction of justice scheme was designed “to derail the federal grand jury investigation” and constituted “a gross abuse of the public trust.”
A federal jury on April 6 found Tanaka guilty of two felony offenses – conspiring to obstruct justice and a substantive count of obstructing justice. After a 10-day trial, a federal jury deliberated for only a few hours before convicting Tanaka of being the head of a broad conspiracy to obstruct the federal investigation, a scheme that started when the LASD learned that an inmate at the Men’s Central Jail (MCJ) was an FBI informant. Tanaka directed a conspiracy that has resulted in the conviction of other former LASD officials who received sentences of up to 41 months in prison.
“Paul Tanaka supervised a scheme to obstruct the FBI’s investigation into corruption and civil rights violations at the jails,” said United States Attorney Eileen M. Decker. “Mr. Tanaka was the ringleader and the driving force behind a plot that concealed an FBI informant, tampered with witnesses and led to the threatened arrest of an FBI agent for doing nothing more than her job. In addition to being a top law enforcement officer who was personally involved in the obstruction of justice, Mr. Tanaka was responsible for a culture that unfortunately led to the widespread abuse of inmates at the jails that he personally oversaw.”
Tanaka was the undersheriff – the number 2 in the LASD – until 2013, and he ran an unsuccessful campaign for sheriff in 2014. As he rose through ranks during a 31-year career with the LASD, Tanaka became well aware of problems with deputies at the jails, allegations of rampant abuse of inmates and insufficient internal investigations into deputy misconduct. “During his time as an executive, defendant threatened to discipline
supervisors who frequently referred deputies to Internal Affairs, transferred captains who tried to reduce deputy abuse and break up cliques, instructed deputies to work in the ‘gray area’ of law enforcement, and expressed his desire to gut Internal Affairs,” prosecutors wrote in a sentencing memorandum filed with the court. Tanaka’s “actions caused deputies to believe that they could act with impunity, which, unfortunately, they did much too frequently.”
“Mr. Tanaka swore to serve the county of Los Angeles, but disappointed the people through his corrupt actions, as well as many in the department under his command and influence,” said Deirdre Fike, Assistant Director in Charge of the FBI’s Los Angeles Field Office. “As this investigation comes to a close, the department's law-abiding deputies who serve honorably can put this behind them under new leadership at the L.A. Sheriff's Department."
The scheme to disrupt the federal investigation started in August 2011 when deputies recovered a mobile phone from an inmate in MCJ, linked the phone to the FBI, and determined that the inmate was an informant in the FBI’s corruption and civil rights investigation. The phone was given to the inmate as part of an undercover investigation by a corrupt deputy, who subsequently pleaded guilty to a federal bribery charge and was recently sentenced to federal prison.
In response to the federal investigation, members of the Tanaka-led conspiracy took steps to hide the cooperator from the FBI and the United States Marshals Service, which was attempting to bring the inmate to testify before a federal grand jury. The evidence presented during Tanaka’s trial showed that the deputies altered records to make it appear that the cooperator had been released from jail, when in fact he had been re-booked into custody under a fake name and moved to an LASD patrol station. Members of the conspiracy prohibited FBI access to the informant, and then told the cooperator that he had been abandoned by the FBI.
Over the course of several weeks, members of the conspiracy sought an order from a Los Angeles Superior Court judge to compel the FBI to turn over information about its investigation to the LASD. After the judge refused to issue the order because he had no jurisdiction over the federal law enforcement agency – and even though it was clear that the FBI was acting legally – two LASD sergeants confronted the lead FBI agent at her residence in an attempt to intimidate her. The sergeants threatened the agent with arrest and later reiterated this threat to her supervisor, stating that the agent’s arrest was imminent.
Tanaka oversaw co-conspirators who told fellow deputies not to cooperate in the federal investigation. Members of the conspiracy engaged in witness tampering by ordering fellow deputies not to speak to the federal government and telling them that the FBI would lie, threaten, manipulate and blackmail them to obtain information about the Sheriff’s Department.
Tanaka was indicted last year along with William Thomas Carey, a former LASD Captain who headed the Internal Criminal Investigations Bureau. Carey pleaded guilty last year and is pending sentencing. A total of 10 members of the department – including former Sheriff Leroy Baca – have been convicted in relation to the scheme to obstruct justice. Baca, who pleaded guilty in February pursuant to a plea agreement, is scheduled to be sentenced by Judge Anderson on July 11.
As a result of the FBI investigation into the LASD, 21 current or former members of the Los Angeles Sheriff’s Department have been convicted of federal charges. These include the following former members of the LASD:
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Former Sergeant Eric Gonzalez, who was sentenced to 8 years in prison for his conviction on civil rights charges related to the beating of a visitor to the Men’s Central Jail;
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Fernando Luviano, who was sentenced to 7 years in prison for beating a jail visitor;
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Sussie Ayala, who was sentenced to 6 years in prison for the beating of a jail visitor;
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Former Lieutenant Gregory Thompson, who was ordered to serve 37 months in prison for obstructing justice;
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Former Lieutenant Stephen Leavins, who received a 41-month prison sentence for obstructing justice;
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Gerard Smith, who was ordered to serve 21 months in prison for obstructing justice;
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Mickey Manzo, who received a two-year prison sentence for obstructing justice;
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Former Sergeant Scott Craig, who was sentenced to 33 months for obstructing justice;
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Former Sergeant Maricela Long, who was sentenced to two years in federal prison for obstructing justice;
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James Sexton, who was sentenced to 18 months in prison for obstructing justice;
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Joey Aguiar, who was sentenced to 18 months in prison for falsifying reports related to a use-of-force incident;
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Mariano Ramirez, who was sentenced to 13 months in prison, who was convicted with Aguiar;
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Gilbert Michel who was sentenced to six months in prison in the bribery case; and
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Richard Piquette, who was sentenced on a firearms charge.
Six other defendants, including former Sheriff Leroy Baca, are scheduled for sentencing later this year.
The cases against Tanaka and Baca are being prosecuted by Assistant United States Attorney Brandon D. Fox, Chief of the Public Corruption and Civil Rights Section; Assistant United States Attorney Lizabeth A. Rhodes, Chief of the General Crimes Section; and Assistant United States Attorney Eddie A. Jauregui of the General Crimes Section.
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Oklahoma Man Sentenced to Federal Prison for Distribution of Methamphetamine and HeroinRead the Press Release
BISMARCK -US Attorney Christopher C. Myers announced that on June 27, 2016, Timothy Leroy Sumpter, 31, Sallisaw, Oklahoma, was sentenced before US District Judge Daniel L. Hovland to serve 11 years in prison after pleading guilty to Possession with Intent to Distribute a Controlled Substance on March 22, 2016. Judge Hovland also sentenced Sumpter to serve 5 years of supervised release and to pay a $100 special assessment to the Crime Victims Fund.
In early 2014, law enforcement officials with the Southwest Narcotics Task Force in Dickinson, North Dakota, were investigating the distribution of methamphetamine and heroin in western North Dakota. On March 23, 2014, related to this investigation, a traffic stop was made near Bowman, North Dakota, and law enforcement officials seized approximately two pounds of methamphetamine and a half pound of heroin that had been transported from California. Three individuals in the vehicle were arrested, including Sumpter. The other occupants of the vehicle, Reyes and Traylor were both sentenced on June 2, 2016, where Reyes was sentenced to 15 years in prison and Traylor was sentenced to time served.
The case was investigated by the Southwest Narcotics Task Force, the North Dakota Bureau of Criminal Investigation, and the United States Drug Enforcement Administration.
Assistant US Attorney David Hagler prosecuted the case.
North Texas Companies and Individuals Pay $1.125 Million to Settle Medicaid AllegationsRead the Press Release
PLANO, Texas – PLANO, Texas – Ten North Texas companies and individuals agreed to pay the United States a total of $1.125 million to resolve alleged False Claims Act violations for causing false claims to be submitted to the U.S. Department of Health and Human Services (HHS) and its component agency the Centers for Medicare and Medicaid Services (CMS), announced U.S. Attorney John M. Bales. The companies and individuals paying the United States under the settlement are:
- Irving Holdings, Inc. (together with its predecessor companies Big Tex Taxi Corporation, Terminal Taxi Corporation, Choice Cab, Inc., Yellow Checker Cab of Dallas, Inc., and Yellow Checker Cab of Fort Worth, Inc.)
- JetTaxi, Inc.
- Dallas Taxi, LLC
- US Cab, LLC
- Terminal Taxi Corporation of Irving
- Classic Shuttle Acquisition Corporation, Inc. d/b/a Go Yellow Checker Shuttle
- Dallas Car Leasing, LLC
- Jackie Bewley
- Jeffrey Finkel
- Elizabeth George
The settlement resolves a portion of a lawsuit filed under the qui tam provisions of the False Claims Act by Robert Spence, Mike Jones, and Cheryl Jones. The Act permits private citizens (called “relators”) with knowledge of fraud against the Government to bring a lawsuit on behalf of the United States and to share in any recovery. Under the civil settlement announced today, the relators will receive $202,500 out of the United States’ recovery. The lawsuit remains pending in the Eastern District of Texas and is captioned United States of America ex rel. Robert Spence, Mike Jones, and Cheryl Jones v. Irving Holdings, Inc., et al., Case Number 4:12-CV-487. The following companies and individuals are also named in the action but are not parties to the settlement announced today:
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- North Texas Opportunity Fund, L.P.
- NTOF Capital Partners, LP
- North Texas Opportunity Fund Capital Partners, LP
- North Texas Investment Advisors, LLC
- Lone Star Investment Advisors, LLC
- William Tauscher
- Arthur Hollingsworth
- Greg Campbell
- Luke Sweetser
The relators were employees of Irving Holdings, Inc. d/b/a Yellow Cab (“Irving Holdings”), one of the largest taxicab companies in the United States. The relators claim in their lawsuit that Irving Holdings and many related or affiliated entities, stockholders, and employees failed to comply with rules and regulations governing Medicaid transportation services provided by Irving Holdings to Texas Medicaid recipients, resulting in false claims being submitted to Texas Medicaid and CMS.
The United States’ contended that certain Defendants misrepresented Irving Holdings’ compliance with the transportation broker requirements contained in 42 C.F.R. § 440.170. Specifically, the United States alleged that Irving Holdings and Jeffrey Finkel submitted a false affidavit to the State of Texas knowing the affidavit would then be provided to CMS. The United States claimed that the false affidavit caused CMS to pay inflated amounts to Texas Medicaid. The settling Defendants have expressly denied the United States’ contentions.
This settlement demonstrates the United States’ continued commitment to pursuing health care providers who misrepresent their compliance with Medicare and Medicaid regulations. Moreover, the settlement illustrates that the Department of Justice will pursue companies as well as individuals whose actions cause the submission of false claims—even if someone else receives the money.
“The public is besieged by fraud, guile, and recklessness every single day,” said U.S. Attorney Bales. “Our office will not tolerate the mistreatment of taxpayer money, whether by corporations or individuals.”
This case was investigated by the U.S. Attorney’s Office for the Eastern District of Texas, the Texas Attorney General’s Office, and the Office of Inspector General of the Department of Health and Human Services (HHS-OIG). The settlement was negotiated by Assistant U.S. Attorneys Joshua Russ and James Gillingham. The claims resolved by the settlement and the claims alleged by the relators are allegations only; there has been no determination of liability.
New York Man Gets Life in Prison for Production of Child Pornography, Interstate Travel for Illicit Sexual ConductRead the Press Release
NEWARK, N.J. – A Warwick, New York, man was sentenced today to life in prison for coercing a minor to engage in sexually explicit conduct and traveling from New York to Passaic County, New Jersey, to have sexual intercourse with another minor, U.S. Attorney Paul J. Fishman announced.
Clifford W. Wares, 43, was previously convicted of all six counts of an indictment charging him with one count of production of child pornography, one count of interstate travel to engage in illicit sexual conduct, two counts of online enticement of a minor to engage in criminal sexual conduct, and two counts of interstate extortionate threat. Wares was convicted following a six-day trial before U.S. District Judge Esther Salas, who imposed the sentence today in Newark federal court.
According to the documents filed in this case and the evidence presented at trial:
From June 2011 through October 2011, Wares used email, telephone and Facebook to communicate with a 13-year-old girl in Passaic County (“Victim 1”). Wares used a fake Facebook account to pretend to be another minor who was known to Victim 1 and introduce himself as someone with whom Victim 1 should communicate. Afterwards, Wares sent Victim 1 pornographic images and engaged in sexually explicit communications, ultimately asking that she send him images and videos of herself nude or engaging in sex acts, which she did. On occasions when she did not comply, Wares threatened to distribute nude images of Victim 1 to her parents and friends.
In June 2011, Wares met a 14-year-old girl residing in Passaic County (“Victim 2”) via an online social network. From June 2011 through August 2011, Wares regularly engaged in sexually explicit communications with Victim 2, sent her pornographic images and told her that he was interested in “hanging out” with her. Wares then drove from his home in Warwick, New York, to Passaic County where he picked her up in his vehicle. Wares engaged in sex acts with Victim 2 in a nearby park. After a second encounter, Wares threatened to harm Victim 2’s reputation and property when she refused to meet him again.
Wares was ultimately apprehended after a search for him was conducted via land and helicopter in an Orange County, New York park. Among his possessions upon his arrest were a roll of duct tape, a pair of handcuffs, a knife, and a handwritten list of the names of other minors who were known to Victims 1 and 2.
At today’s sentencing hearing, Judge Salas found that, subsequent to his arrest, Wares also attempted to intimidate his victims into refusing to testify against him by sending anonymous letters threatening their own lives and those of their families. Judge Salas found that this conduct (which was unsuccessful) constituted obstruction of justice by Wares, leading to a two-level increase in Wares’ offense level under the advisory U.S. Sentencing Guidelines, and further justified the life sentence imposed.
U.S. Attorney Fishman credited Special Agents with the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, the New Jersey Regional Computer Forensics Laboratory, the Passaic County Prosecutor’s Office, and the New York State Police with the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorneys Danielle Alfonzo Walsman and Meredith J. Williams of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Thomas Ambrosio Esq., Lyndhurst, New Jersey.
New Hampshire Woman Pleads Guilty to Social Security FraudRead the Press Release
CONCORD, N.H. – Tonya Dailey, 44, of Franklin, pleaded guilty today in United States District Court for the District of New Hampshire to Social Security Fraud, announced United States Attorney Emily Gray Rice.
Dailey began receiving Social Security disability benefits in 1999. In June 2010, Dailey returned to self-employment, earning sufficient income to render her ineligible to receive any disability benefits. Although she reported her receipt of nominal earnings from a local Veterans of Foreign Wars Post during a review with the Social Security Administration (SSA) in 2014, Dailey did not report her income from self-employment to SSA. In May 2015, Dailey admitted to investigators that she concealed her self-employment from SSA because she knew her earnings would have disqualified her from receiving Social Security disability benefits. As a result of her concealment, Dailey received $30,230.78 in disability benefits that she would not have received if she had properly disclosed her self-employment income.
Dailey is facing a maximum sentence of five years in prison and is scheduled to be sentenced on October 4, 2016. She was released on conditions pending sentencing.
The case was investigated by the Social Security Administration’s Office of the Inspector General and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Navajo Man Pleads Guilty to Federal Assault ChargesRead the Press Release
ALBUQUERQUE – Patrick Wadsworth, 46, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pled guilty today in federal court to an assault charge under a plea agreement with the U.S. Attorney’s Office.
Wadsworth was arrested on Jan. 22, 2016, on an indictment charging him with assaulting a woman resulting in serious bodily injury on Nov. 6, 2014, in San Juan County, N.M.
During today’s proceedings, Wadsworth pled guilty to the indictment and admitted that on Nov. 6, 2014, he assaulted the victim by striking her and causing bruising to her face, arms and knees. Wadsworth further admitted that the crime took place as his residence on the Navajo Indian Reservation in San Juan County.
This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the Shiprock Police Department. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Manhattan Energy Investor Pleads Guilty to Tax Fraud Schemes Involving Evasion of over $45 Million of Income and Other TaxesRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that MORRIS E. ZUKERMAN, a Manhattan businessman who owns companies involved in energy investments, pled guilty today to charges detailing ZUKERMAN’s involvement in multi-year tax fraud schemes pursuant to which he evaded over $45 million in income taxes and other taxes. ZUKERMAN entered his plea before U.S. District Judge Analisa Torres.
U.S. Attorney Preet Bharara said: “As his admissions today made clear, Morris Zukerman took numerous pages from the tax evader’s playbook: he illegally evaded tens of millions of dollars of corporate income taxes from the $130 million sale of an oil company; he prepared personal tax returns for himself and family members that falsely claimed millions of dollars in deductions; he evaded employment taxes for household employees; and he schemed to defraud and obstruct the IRS auditors who were examining his false tax returns. After years of finding every way to avoid his tax obligations, Zukerman has finally been forced to admit to his criminal tax evasion. I thank the New York Field Office of the Internal Revenue Service, Criminal Investigation Division, and the New York Office of the U.S. Postal Inspection Service for bringing Zukerman’s breathtaking tax fraud schemes to a just conclusion.”
According to the Indictment, today’s plea proceedings in Manhattan federal court, and other court filings related to this matter:
ZUKERMAN, the principal of M.E. Zukerman & Co. (“MEZCO”), an investment firm located in Manhattan, schemed to evade taxes based on income received from the January 2008 sale of a petroleum products company (the “Oil Company”) he co-owned (through a MEZCO subsidiary) with a public company. ZUKERMAN schemed to evade the reporting of the sale – which resulted in the receipt by the MEZCO subsidiary of $130 million in gross sales proceeds – by falsely telling his accountants in mid-2008 that he had transferred ownership of the MEZCO subsidiary to a family trust in early 2007. In support of the story he gave to the accountants, ZUKERMAN created backdated documents such as promissory notes and a board resolution purporting to show the transfer of the subsidiary to his family trust in 2007. The false documents allowed ZUKERMAN to remove the MEZCO subsidiary from the consolidated tax reporting being handled by the accountants for MEZCO and thereby evade the reporting to the IRS of the sale of the Oil Company, as well as the payment of over $35 million in corporate income taxes.
Following the sale of the Oil Company, ZUKERMAN transferred the proceeds of the sale from the MEZCO subsidiary to his family trust and various corporations he controlled, including a company called Zukerman Investments. Between 2008 and 2013, ZUKERMAN directed that over $50 million of the funds transferred to Zukerman Investments be used to purchase paintings by European artists from the 15th through the 19th centuries (the “Old Master paintings”), which ZUKERMAN used to decorate his Upper East Side apartment and the apartments of two family members – Family Member-1 and Family Member-2.
ZUKERMAN schemed to evade personal income taxes and to obstruct the IRS by (i) causing various tax return preparers to prepare U.S. Individual Income Tax Returns for ZUKERMAN and his wife, and for Family Member-1, Family Member-2, and Family Member-3, that claimed, in the aggregate, millions of dollars of false and fraudulent deductions and expenses, such as phony charitable contributions and investment interest expenses; (ii) diverting, for personal use, corporate assets from MEZCO and other corporate entities ZUKERMAN controlled by directing that hundreds of thousands of dollars of fees be paid between 2007 and 2013 to Family Member-1, Family Member-2, and Family Member-3, for which the family members performed little or no work; (iii) directing that corporate funds be used to pay compensation to, and health care insurance for, a household employee of ZUKERMAN, whom ZUKERMAN also caused to be falsely identified as a MEZCO employee to ZUKERMAN’s corporate health care provider when, in truth and in fact, the household employee worked exclusively out of ZUKERMAN’s homes in New York City and in Maine as a domestic employee; (iv) falsely under-reporting employment taxes through the payment of hundreds of thousands of dollars of cash and other wages to ZUKERMAN’s domestic employees; and (v) providing false information to the IRS during audits in an attempt to fraudulently convince IRS auditors and other IRS employees that the fraudulent claims made on his previously filed tax returns were accurate when, in truth, they were not.
The False Charitable Contribution Deductions for the 2009 & 2011 Tax Years
ZUKERMAN’s fraudulent charitable contribution deductions – totaling $1 million – arose out of a real estate transaction in 2009 and 2010, pursuant to which ZUKERMAN purchased approximately 240 acres of property on Black Island, a small island located off the coast of Maine, close to ZUKERMAN’s home on a nearby island. ZUKERMAN was enlisted to purchase the Black Island property by a Maine-based land conservation entity named the Maine Coast Heritage Trust (“MCHT”), which was seeking to orchestrate the purchase for conservation purposes. After considering making a charitable contribution to the MCHT intended to be used to purchase the property, ZUKERMAN decided instead to purchase the land as the outright owner for the benefit of himself and his family for $1 million through a newly formed limited liability company he solely owned. ZUKERMAN, however, falsely told his tax return preparer that the $1 million he paid for the property should be declared on his personal income tax returns as a charitable contribution to the MCHT during the 2008 and 2010 tax years. ZUKERMAN subsequently signed the false 2008 and 2010 tax returns and caused them to be filed with the IRS.
The False Investment Interest Expense Deductions Relating to the Corporate Loans
ZUKERMAN orchestrated the creation of hundreds of thousands of dollars of fraudulent “investment interest expense” deductions on his own tax returns and those of three family members. ZUKERMAN accomplished this by falsely telling his tax preparers that payments made from the personal bank accounts of ZUKERMAN and his family members to a California bank were made to legitimately satisfy loan interest payments owed by one of his California companies. In fact, although the interest payments were initially made from the bank accounts of ZUKERMAN and those of his family members (whose accounts ZUKERMAN controlled), ZUKERMAN secretly took funds from the bank account of the California corporation that owed the interest payments and reimbursed himself and his family members. In addition, because the corporation that owed the interest payments had claimed the interest indebtedness as an expense on its corporate tax returns, ZUKERMAN’s claiming of the same expenses on his own tax returns and those of his family members constituted fraudulent double deductions.
The Audit Fraud
In seeking to obstruct and defraud the IRS during an audit of one of ZUKERMAN’s companies, ZUKERMAN used two attorneys from a law firm in Washington, D.C., to convey a false narrative to an IRS Appeals officer, who was undertaking a review of ZUKERMAN’s challenge to an adverse determination made by an IRS auditor during the corporate audit. Pursuant to a “crime-fraud” ruling by the United States District Court for the Southern District of New York, and affirmed by the Second Circuit Court of Appeals, ZUKERMAN’s companies were required to disclose to the grand jury all of the communications between ZUKERMAN and the two attorneys that led to the submission to the IRS of the false factual narrative. ZUKERMAN’s two attorneys were also required to provide grand jury testimony about the false information provided by Zukerman, which had been provided to the IRS as part of Zukerman’s efforts to deceive the IRS.
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ZUKERMAN, 72, of New York, New York, pled guilty to one count of tax evasion, which carries a maximum sentence of five years in prison, and one count of obstructing the IRS, which carries a maximum sentence of three years in prison. Each of the charges also carries a maximum fine of $250,000, or twice the gross gain or loss from the offense.
As part of Zukerman’s plea agreement with the Government, he agreed to pay a minimum of $37 million to the IRS as a result of his corporate and individual tax fraud activities. Zukerman separately agreed to pay to New York State over $4.6 million based on a related tax fraud scheme he carried out, through his companies, that resulted in the evasion of New York State sales and use taxes owed in connection with Zukerman’s purchase of dozens of 17th and 18th century ‘Old Master’ paintings, as well as jewelry.
Judge Torres set December 5, 2016, as the date for sentencing.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentences for the defendant will be determined by the judge.
Mr. Bharara praised the outstanding investigative work of the IRS and the U.S. Postal Inspection Service.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Stanley J. Okula and Edward Imperatore are in charge of the prosecution.
Major Drug Trafficking Organization Members Indicted for Methamphetamine and Firearms ChargesRead the Press Release
GREENEVILLE, Tenn. – On May 10, 2016, a federal grand jury returned an 80-count indictment, charging 27 individuals with conspiracy to distribute and possess with the intent to distribute more than 50 grams of methamphetamine. Six were charged with possession of firearms in furtherance of drug trafficking offenses.
Fifteen of those charged appeared in U.S. District Court on June 24, 2016, before U.S. Magistrate Judge Clifton L. Corker and pleaded not guilty to the charges in the indictment.
Individuals charged in the indictment include: Rickey Dale Munsey, 47, Washburn, Tenn.; Jeffery Brian Wills, 27, Greeneville, Tenn.; Joel Hosea Beasley, 36, Morristown, Tenn.; Steven Dwight Hopkins, 46, Mooresburg, Tenn.; Guy Mayns, 31, Morristown, Tenn.; Christopher Allen Williams, 47, Morristown, Tenn.; James Guinn, 36, Morristown, Tenn.; Jenny Louise Musson, 32, Greeneville, Tenn.; Maria Smelcer, 42, Mosheim, Tenn.; Tomasena Miluv Payne, 28, Talbot, Tenn.; David Lee Sicilia, 31, Morristown, Tenn.; Andrew Harville, 28, Morristown, Tenn.; Nathan Carroll, 36, Morristown, Tenn.; Jamie Lee Bray, 24, Morristown, Tenn.; Darinda Sue Beasley, 36, Morristown, Tenn.; Erica Sue Harris, 34, Russellville, TN Tenn.; Jeremy Kane Jones, 30, Morristown, Tenn.; Eric James Reedy, 32, Rogersville, Tenn.; Timothy Shannon Maner, 35, Morristown, Tenn.; Christopher Wayne Munsey, 26, Morristown, Tenn.; Morgan Alan Moore, 30, Morristown, Tenn.; James Calvin Hale, 38, Morristown, Tenn.; Larry Wayne Martin, 52, Russellville, Tenn.; Kellie Hopkins, 23, Mooresburg, Tenn.; Donald Edward Grey, Jr., 40, Bean Station, Tenn.; John Nathaniel Beasley, 19, Mooresburg, Tenn.; and Tim Parvin, 38, Russellville, Tenn.
If convicted as charged on the methamphetamine conspiracy count, the defendants face a mandatory minimum of 10 years up to life in prison, a maximum fine of $10,000,000.00, and a minimum of five years supervised release.
This indictment is the result of an investigation by the Federal Bureau of Investigation, Hamblen County Sheriff’s Office, Third Judicial District Drug Task Force, Fourth Judicial District Drug Task Force, Morristown Police Department, Greene County Sheriff’s Office, Hawkins County Sheriff’s Office, Jefferson County Sheriff’s Office, Knox County Sheriff’s Office, Jefferson City Police Department, Grainger County Sheriff’s Office; Johnson City Police Department, Bean Station Police Department and Claiborne County Sheriff’s Office. Assistant U.S. Attorney Donald Wayne Taylor will represent the United States.
This prosecution is brought as a part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until his or her guilt has been proven beyond a reasonable doubt.
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Lusby Man Sentenced to 10 Years in Federal Prison for His Role in a Southern Maryland Drug Trafficking ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Antoine Dewayne Savoy, age 35, of Lusby, Maryland, today to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute and possess with intent to distribute powder and crack cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Chief Hank Stawinski of the Prince George’s County Police Department; Chief Stanley Johnson, of the Maryland National Capital Park Police, Prince George’s County Division; Charles County Sheriff Troy Berry; St. Mary’s County Sheriff Tim Cameron; and Calvert County Sheriff Mike Evans.
According to his plea agreement and other court documents, from January through July 2015, Savoy conspired with Colbert Juan Jones, Vincent Leo Fletcher, Troy Taishon Swann, and James Devwan Pixley, to distribute cocaine. Jones sold cocaine to his customers, which included Savoy and Pixley. Savoy and Pixley purchased cocaine from Jones several times a month and used at least half of that cocaine to manufacture crack cocaine, which they sold in smaller distribution quantities. Savoy often retrieved the cocaine from a home in Prince Frederick, Maryland, from which Jones distributed narcotics. Savoy would either meet Jones there and personally exchange money for the cocaine, or retrieve the cocaine from a hiding place known to Savoy and Jones. Savoy would then leave cash in the hiding place, or arrange another time and place to provide money to Jones.
Jones obtained cocaine from Fletcher and other sources. Fletcher obtained cocaine several times a month from Swann and other suppliers. Fletcher distributed the cocaine to his customers for further distribution, and used some of the powder cocaine to manufacture crack cocaine, which he also distributed.
Colbert Juan Jones, age 33, of St. Leonard, Maryland, and Vincent Leo Fletcher, age 29, of Clinton, Maryland, and James Devwan Pixley, age 26, of Waldorf, Maryland, were each previously sentenced to 10 years in prison. Troy Taishon Swann, age 39, of Waldorf, pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on July 11 2016 at 11:00 a.m.
United States Attorney Rod J. Rosenstein praised the ATF, DEA, Prince George’s County Police Department, Maryland National Capital Park Police, Prince George’s County Division, and the Charles, St. Mary’s and Calvert County Sheriffs’ Offices for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Michael T. Packard and Leah J. Bressack, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Long Island Doctor Sentenced to 17 Years in Prison for Sexual Exploitation of A MinorRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that HASSAN KHAN, a Long Island medical doctor, was sentenced on Friday, June 24, 2016, to 17 years in prison for sexual exploitation and enticement of a minor. In January 2016, KHAN pled guilty before United States District Judge Jed S. Rakoff to one count of coercion and enticement of a minor to engage in illegal sexual activity. Judge Rakoff imposed Friday’s sentence.
U.S. Attorney Preet Bharara said: “The 17-year sentence imposed on Hassan Khan is a measure of his appalling crime. We will continue to use every resource available to investigate and prosecute those who sexually exploit children.”
According to documents filed in this case and statements made in related court proceedings:
Starting in 2007, KHAN began to communicate online with a then 11-year-old girl (the “Victim”). Between 2007 and 2013, KHAN, who was aware of the age of the Victim, coerced and enticed her to engage in illegal sexual activity. KHAN engaged in sexual acts with the minor Victim and traveled abroad to do so. KHAN further coerced and enticed the Victim to engage in sexually explicit conduct via live video chats.
At the time of his arrest, on September 3, 2015, KHAN was working as a medical doctor.
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In addition to the 17-year prison term, KHAN, 28, of Mineola, New York, was sentenced to 10 years of supervised release.
Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Alex Rossmiller is in charge of the prosecution.
Leader of labor trafficking ring sentenced to 15 years in prisonRead the Press Release
The leader of a human trafficking organization and a co-defendant were sentenced to prison today for their roles in luring Guatemalan minors and adults to the United States under false pretenses and then using threats of physical harm to compel them to work on egg farms in Ohio. The sentences were announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.
Aroldo Castillo-Serrano, 33, was sentenced to 188 months in prison and Ana Angelica Pedro-Juan, 22, was sentenced to 10 years in prison. U.S. District Judge James G. Carr of the Northern District of Ohio also ordered the defendants to pay a total of $67,230 in restitution, jointly and severally, to the victims.
Castillo-Serrano pleaded guilty on Aug. 24, 2015, to conspiracy to commit forced labor, forced labor, witness tampering and alien harboring charges. Pedro-Juan pleaded guilty on Dec. 14, 2015, to conspiracy to commit forced labor.
According to documents filed in the case and admissions made in court in connection with the guilty pleas, the defendants and their associates recruited workers from Guatemala, some as young as 14 or 15 years old, by falsely promising them good jobs and a chance to attend school in the United States. The defendants then smuggled and transported the workers to a trailer park in Marion, Ohio, where they ordered them to live in dilapidated trailers and to work at physically demanding jobs at Trillium Farms for up to 12 hours a day for minimal amounts of money. The work included cleaning chicken coops, loading and unloading crates of chickens, debeaking chickens and vaccinating chickens. Eight minors and two adults were identified in the indictment as victims of the forced labor scheme.
Castillo-Serrano recruited the victims, smuggled them into the United States, oversaw money transfers and issued threats to ensure compliance. Pedro-Juan falsely represented herself to government officials as a family friend of the minor victims in order to have them released to her custody. She also oversaw the trailers where the victims were housed and arranged for their wages to be transferred to co-conspirators in Guatemala and elsewhere.
“These defendants preyed on the hopes of vulnerable young workers, turning their dreams into a nightmare by exploiting their undocumented status and using fear to compel them to work long hours for minimal pay,” said Principal Deputy Assistant Attorney General Gupta. “This case demonstrates the Justice Department’s firm commitment to combating labor trafficking by holding traffickers accountable and restoring the rights, freedom and dignity of victims. I commend the strong partnerships that contributed to dismantling this human trafficking organization.”
The Northern District of Ohio is one of six districts selected as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. Designated ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor; international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
“These defendants forced minors to work around the clock and live in inhumane conditions, while threatening them and their relatives,” said Acting U.S. Attorney Rendon. “Today’s prison sentence underscores the severity of these human trafficking cases, but also should serve as a reminder that these cases happen all around us in plain sight.”
“These defendants preyed on the desire of the children and their parents for a better life by offering freedom on American soil only to be imprisoned in servitude,” said Special Agent in Charge Anthony. “These actions cannot be tolerated. Law enforcement remains vigilant in detecting and disrupting these human trafficking rings.”
A third co-defendant, Conrado Salgado-Soto, was sentenced on April 11, 2016, to 51 months in prison. Three more defendants, Conrado Salgado-Borbon, Bartolo Dominguez and Pablo Duran Jr., pleaded guilty to immigration offenses in connection with this case and were sentenced to six, 12 and 15 months in prison, respectively.
The investigation is ongoing. The case is being investigated by the FBI Cleveland Division’s Mansfield Resident Agency, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the Marion Police Department and the Marion County Sherriff’s Office. The case is being jointly prosecuted by Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Chelsea Rice of the Northern District of Ohio.
Leader of Human Trafficking Organization Sentenced to over 15 Years for Exploiting Guatemalan Migrants at Ohio Egg FarmsRead the Press Release
The leader of a human trafficking organization and a co-defendant were sentenced to prison today for their roles in luring Guatemalan minors and adults to the United States under false pretenses and then using threats of physical harm to compel them to work on egg farms in Ohio. The sentences were announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.
Aroldo Castillo-Serrano, 33, was sentenced to 188 months in prison and Ana Angelica Pedro-Juan, 22, was sentenced to 10 years in prison. U.S. District Judge James G. Carr of the Northern District of Ohio also ordered the defendants to pay a total of $67,230 in restitution, jointly and severally, to the victims.
Castillo-Serrano pleaded guilty on Aug. 24, 2015, to conspiracy to commit forced labor, forced labor, witness tampering and alien harboring charges. Pedro-Juan pleaded guilty on Dec. 14, 2015, to conspiracy to commit forced labor.
According to documents filed in the case and admissions made in court in connection with the guilty pleas, the defendants and their associates recruited workers from Guatemala, some as young as 14 or 15 years old, by falsely promising them good jobs and a chance to attend school in the United States. The defendants then smuggled and transported the workers to a trailer park in Marion, Ohio, where they ordered them to live in dilapidated trailers and to work at physically demanding jobs at Trillium Farms for up to 12 hours a day for minimal amounts of money. The work included cleaning chicken coops, loading and unloading crates of chickens, debeaking chickens and vaccinating chickens. Eight minors and two adults were identified in the indictment as victims of the forced labor scheme.
Castillo-Serrano recruited the victims, smuggled them into the United States, oversaw money transfers and issued threats to ensure compliance. Pedro-Juan falsely represented herself to government officials as a family friend of the minor victims in order to have them released to her custody. She also oversaw the trailers where the victims were housed and arranged for their wages to be transferred to co-conspirators in Guatemala and elsewhere.
“These defendants preyed on the hopes of vulnerable young workers, turning their dreams into a nightmare by exploiting their undocumented status and using fear to compel them to work long hours for minimal pay,” said Principal Deputy Assistant Attorney General Gupta. “This case demonstrates the Justice Department’s firm commitment to combating labor trafficking by holding traffickers accountable and restoring the rights, freedom and dignity of victims. I commend the strong partnerships that contributed to dismantling this human trafficking organization.”
The Northern District of Ohio is one of six districts selected as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. Designated ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor; international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
“These defendants forced minors to work around the clock and live in inhumane conditions, while threatening them and their relatives,” said Acting U.S. Attorney Rendon. “Today’s prison sentence underscores the severity of these human trafficking cases, but also should serve as a reminder that these cases happen all around us in plain sight.”
“These defendants preyed on the desire of the children and their parents for a better life by offering freedom on American soil only to be imprisoned in servitude,” said Special Agent in Charge Anthony. “These actions cannot be tolerated. Law enforcement remains vigilant in detecting and disrupting these human trafficking rings."
A third co-defendant, Conrado Salgado-Soto, was sentenced on April 11, 2016, to 51 months in prison. Three more defendants, Conrado Salgado-Borbon, Bartolo Dominguez and Pablo Duran Jr., pleaded guilty to immigration offenses in connection with this case and were sentenced to six, 12 and 15 months in prison, respectively.
The investigation is ongoing. The case is being investigated by the FBI Cleveland Division’s Mansfield Resident Agency, U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the Marion Police Department and the Marion County Sherriff’s Office. The case is being jointly prosecuted by Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Chelsea Rice of the Northern District of Ohio.
Justice Department Settles Immigration-Related Discrimination Claim Against Seed CompanyRead the Press Release
The Justice Department reached an agreement today with Crookham Company to resolve the department’s allegations that the company discriminated against work-authorized non-U.S. citizens, in violation of the Immigration and Nationality Act (INA). Crookham, which is based in Caldwell, Idaho, is a seed company that produces hybrid sweet corn, popcorn and onions.
The department’s investigation found that Crookham discriminated against non-U.S. citizens by requiring them to produce either a permanent resident card or employment authorization card to prove their work authorization, whereas U.S. citizens were permitted to choose whichever valid documentation they wanted to present to prove their work authorization. Under the INA, all workers, including non-U.S. citizens, can choose whichever valid documentation they would like to present from the lists of acceptable documents to prove their work authorization. It is unlawful for an employer to limit employees’ choice of documentation because of their citizenship or immigration status.
“We commend Crookham Company for its cooperation throughout the investigation and for its quick action to remove any unnecessary and unlawful barriers to employment for work-authorized non-citizens,” said Principal Deputy Assistant Attorney General Vanity Gupta, head of the Justice Department’s Civil Rights Division. “The company’s approach and this settlement serve as a model for partnerships between the Justice Department and employers who want to do the right thing.”
Under the settlement agreement, Crookham will pay $200,000 in civil penalties to the United States and be subject to monitoring for a three-year period. Prior to the settlement, Crookham proactively underwent department-provided training on the anti-discrimination provision of the INA and voluntarily implemented other measures to ensure future compliance.
The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; document abuse; retaliation and intimidation. The investigation was handled by Senior Equal Opportunity Specialist Alexandra A. Vince of OSC.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email [email protected] or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.
Crookham Company Settlement Agreement
Justice Department Reaches Agreement with Kentucky Courts to Ensure Equal Access for Non-English SpeakersRead the Press Release
The Justice Department announced today that it has reached an agreement with the Kentucky Administrative Office of the Courts to resolve its review of the provision of language assistance service to limited English proficient (LEP) state court users.
The department began working with the Kentucky Administrative Office of the Courts after receiving a complaint alleging national origin discrimination under Title VI of the Civil Rights Act of 1964, following a state court judge’s failure to provide interpreter services to LEP parties. Title VI requires recipients of federal financial assistance, such as courts, to provide competent language services to LEP individuals in all court proceedings and operations.
During the course of the department’s review, the Kentucky Administrative Office of the Courts has strengthened its language access programming. Such efforts include creating and implementing a language services complaint system to be translated into a dozen non-English languages, training court staff on the importance of providing appropriate language services and developing systems to improve the efficiency and quality of interpreter services and translations.
As a condition of the agreement, the Kentucky Administrative Office of the Courts has agreed to a 12-month monitoring phase, during which it will provide quarterly updates to the department regarding any developments related to providing language services, as well as any new complaints alleging failure to provide appropriate language assistance services.
“I commend the Kentucky Administrative Office of the Courts for committing to ensure that all individuals, regardless of the language they speak, can fully and fairly access court services and proceedings,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We look forward to working collaboratively to continue these critical efforts and ensure equal access to justice for all.”
The case was handled by Attorney Dylan Nicole de Kervor of the Civil Rights Division’s Federal Coordination and Compliance (FCS) Section.
The complaint was resolved as part of the FCS court initiative to ensure that state courts comply with Title VI’s language access requirements. No LEP individual should be denied justice because a court fails to provide language services. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions across the country.
For further information about FCS and Title VI, please visit https://www.justice.gov/crt/fcs. For additional LEP-related resources, please visit http://www.lep.gov/index.htm.
Kentucky Courts
Individual Sentenced to 18 Years in Prison for His Participation in a Carjacking MurderRead the Press Release
SAN JUAN, P.R. –Luis Antonio Crespo-Santos was sentenced to 18 years in prison for his participation in the carjacking and murder of security guard Jorge R. De Jesús-Ayala, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Defendant Crespo-Santos pled guilty on January 21, 2016.
On June 9, 2012 the defendant and four others planned to assault the victim at his job located at Paseo del Rey Condominium Complex in Carolina, Puerto Rico. The four others were Ashdrian, Yankee, Gamalier and Mikey/Michael, who are still at large. Gamalier had sold the victim a laptop and he still owed money to Gamalier. The individuals planned to go see De Jesús-Ayala to charge him for the laptop but he didn’t have the money.
Gamalier pulled a gun, pointed it at De Jesús-Ayala and told him “you are coming with us.” Ashdrian, Yankee, and Gamalier covered the victim’s head with a t-shirt, bound his hands behind his back with an electrical cord, and forced him into the back seat of his red 2010 Toyota Yaris. They drove to a wooded area in Carolina and stabbed him in the back and slit his throat.
Later that night, the police received information that individuals were dismantling a vehicle fitting the description of De Jesús-Ayala’s vehicle. Police officers responded to the location and observed a minor and the defendant dismantling the vehicle. The body of De Jesús-Ayala was later found near Urbanization Metropolis in Carolina.
“Federal and local law enforcement officers will continue working together to fight violent crime in Puerto Rico,” said US Attorney Rosa Emilia Rodríguez-Vélez. “We will not rest until we find the other co-conspirators involved in this vicious crime and prosecute them to the full extent of the law.”
The case was prosecuted by Assistant United States Attorney José Contreras.
Heroin dealer residing near Marshall University pleads guilty to Federal drug crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington drug dealer residing in close proximity to Marshall University pleaded guilty today to a federal heroin crime, announced Acting United States Attorney Carol Casto. Derrick Linwood Thomas, 25, entered his guilty plea to possession with intent to distribute heroin within 1,000 feet of a university.
On March 21, 2016, officers with the Huntington Police Department executed a search warrant at 213 19th Street in Huntington. Thomas admitted this was his residence and that it was located within 1,000 feet of Marshall University. Officers found Thomas in the residence and seized over 15 grams of heroin from his pants. Officers also seized four additional bags of heroin weighing approximately 2 grams, $950 in cash that included $70 in marked currency from a previous controlled drug purchase, a .32 caliber pistol, and a shotgun. Thomas was arrested and admitted that he had been distributing heroin in the Huntington area.
Thomas faces up to 40 years in federal prison when he is sentenced on September 26, 2016.
The Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before Chief United States District Judge Robert C. Chambers.
This prosecution was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Hampton-Based Spice Retailer and Wholesaler Pleads GuiltyRead the Press Release
NEWPORT NEWS, Va. – Jayson Mickle, 31, of Hampton, pleaded guilty today to charges of conspiracy to distribute and possess with intent to distribute controlled substances and controlled substance analogues.
According to the statement of facts filed with the plea agreement, from 2008 to 2014, Mickle sold smokable synthetic cannabinoids, commonly known as “spice,” in the Hampton Roads area and, eventually, nationwide. Spice consists of plant material sprayed with ever changing active chemical ingredients often produced in clandestine laboratories in China. These chemicals mimic the effects of THC, the primary psychoactive ingredient in marijuana. Mickle sold blends of spice with names like Hampster Purp, HPT Cherry, Bizarro, and Orgazmo. Although the packets of spice were labeled “not for human consumption,” Mickle knew that the spice was to be smoked for its intoxicating properties.
Mickle began sales through retail stores by the name of Hampton Pipe and Tobacco, located in Hampton, Newport News, Gloucester and Norfolk. In 2010, Mickle also began a wholesale operation online called Blazin Herbs. In 2013, the wholesale outfit’s name was changed to 7 City Gifts. At times, Mickle was supplied by Zencense, which was a large-scale spice producer and wholesaler based in Florida. Between January 2012 and April 2013, Mickle’s spice distribution operation purchased in excess of 1,000 kilograms of spice for resale from Zencense. Mickle’s operations also supplied the Red Barn, a convenience store in Newport News, with spice in late 2013 into early 2014. From 2010 to 2012 alone, Mickle’s retail operation, Hampton Pipe and Tobacco, grossed over $9,600,000 in spice sales. On average, Hampton Pipe and Tobacco would retail spice by the gram for about $8.00 per gram.
Mickle was indicted by a federal grand jury in February 2016 on a superseding indictment. Mickle faces a maximum penalty of 20 years in prison when he is sentenced on October 13. 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; Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk; Richard Myers, Chief of Police, Newport News Police Department; Terry L. Sult, Chief of Police, Hampton Police Department; Maria L. Kelokates, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; and Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office, made the announcement after the plea was accepted by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Eric Hurt and Kevin Hudson, as well as Special Assistant U.S. Attorney Amy Cross-Rochefort, 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. 4:15-cr-18.
Former Osawatomie Rec Director Sentenced for Embezzling More Than $125,000Read the Press Release
WICHITA, KAN. - The former recreation director for the City of Osawatomie was sentenced Monday to five years on federal supervised probation for embezzling more than $125,000 from the city, Acting U.S. Attorney Tom Beall said.
Ron Maring, 54, Osawatomie, Kan., pleaded guilty to one count of tax fraud and false statement, and one count of money laundering. In his plea, he admitted the crimes occurred while he was director of the Osawatomie Recreation Commission.
He wrote checks from the recreation commission’s account to himself and to American Legion Baseball. He converted the money for his own use and not for the use of the recreation commission or American Legion Baseball.
As part of the scheme, he persuaded recreation commission board members to sign blank checks, used his own signature as an endorsement and instructed a recreation commission employee to endorse checks.
When he filed his 2010 federal income tax return he failed to report the embezzled income, which would have added $14,902 in taxes owed.
Beall commended the Osawatomie Police Department, the Kansas Department of Revenue, Office of Special Investigation, and the Internal Revenue Service – Criminal Investigations and Assistant U.S. Attorney Aaron Smith for their work on the case.
Former Las Cruces Middle School Basketball Coach Sentenced to 20 Years in Prison Followed by Lifetime of Supervised Release for Conviction on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Erik Bilal Khan, 36, of Las Cruces, N.M., was sentenced this afternoon in federal court to 20 years of imprisonment to be followed by a lifetime of supervised release for his conviction on federal child pornography charges. The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Jaime Montoya of the Las Cruces Police Department.
Khan also was ordered to pay $12,000 in restitution to the victims of his criminal conduct, and was ordered to forfeit 66 computers, computer-related media, cellular telephones, cameras, and other electronic media seized from his residence during the investigation of the case. Khan will be required to register as a sex offender when he completes his prison sentence.
Khan pled guilty in Nov. 2013, to a four-count superseding indictment charging him with distribution of child pornography, receipt of child pornography, possession of child pornography, and attempted production of child pornography. The guilty plea was entered under a plea agreement that permitted Khan to appeal from a court’s order denying Khan’s motion to suppress evidence seized from his residence pursuant to a search warrant. Before his sentencing hearing today, Khan entered a new guilty plea to the four-count superseding indictment under an amended plea agreement that required Khan to waive his right to appeal any aspect of the case, including the order denying his motion to suppress evidence.
Khan was employed as a volunteer basketball coach at a Las Cruces middle school when he was arrested on child pornography charges in May 2012, after law enforcement officers executed a state district court search warrant at Khan’s residence and seized computer and computer-related media from Khan’s bedroom that contained images and videos of child pornography. In Nov. 2012, Khan was federally indicted and charged with distributing, receiving and possessing visual depictions of minors engaged in sexually explicit conduct. A superseding indictment filed in July 2013, added an attempted production of child pornography charge.
In his amended plea agreement, Khan admitted that from May 2009 to May 2012, he knowingly distributed images and videos of child pornography images. He also admitted knowingly receiving images and videos of child pornography from March 2008 to May 2012. Khan further acknowledged that he knowingly possessed child pornography between July 2008 and May 2012. Finally, Khan admitted that from Sept. 2009 to May 2010, he attempted to persuade a person he believed to be a minor male to produce child pornography for his (Khan’s) use. Khan communicated with the person by email and sent him videos and images of child pornography to induce him to produce child pornography images of himself. Khan committed these crimes in Dona Ana County, N.M.
The case against Kahn was investigated by HSI, the Las Cruces Police Department and the New Mexico Internet Crimes Against Children (ICAC) Task Force. The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc/.
The case also received support from the New Mexico ICAC Task Force, whose mission is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former LCN Member Charged in Connection with Murder of Boston Club OwnerRead the Press Release
BOSTON – A former member of the New England Family of La Cosa Nostra (NELCN) was arrested today in Florida after being indicted in the District of Massachusetts in connection with allegations that he obstructed a federal investigation into the murder of a Boston nightclub owner in the 1990s.
Robert P. DeLuca, 70, was indicted on one count of obstruction of justice and two counts of making false statements. He is scheduled to appear in U.S. District Court in the Southern District of Florida.
According to the indictment, DeLuca is charged with lying to federal prosecutors and investigators investigating the 1993 disappearance of Stephen DiSarro who operated The Channel, a South Boston nightclub. In March 2016, the remains of DiSarro were recovered by federal authorities behind a mill in Providence, R.I. The indictment alleges that DiSarro disappeared in May 1993 after the involvement of then LCN boss Frank Salemme and Frank Salemme, Jr. with The Channel became the focus of a federal grand jury investigation.
DeLuca is also charged with lying to federal authorities about his knowledge of other organized crime murders. It is alleged that DeLuca made the false statements in connection with his cooperation with federal authorities in Rhode Island after he was charged with racketeering and arrested in 2011. Despite his cooperation, DeLuca lied about his knowledge of the disappearance of DiSarro and other LCN murders.
The charge of obstruction of justice 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 false statements provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Carmen M. Ortiz for the District of Massachusetts; U.S. Attorney Peter F. Neronha for the District of Rhode Island; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistance was provided by the Massachusetts State Police, Rhode Island State Police and Norfolk County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Fred M. Wyshak, Jr. of Ortiz’s Public Corruption Unit and Assistant U.S. Attorney William Ferland of U.S. Attorney Neronha’s Office.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Former LCN Member Charged in Connection with Murder of South Boston Club OwnerRead the Press Release
BOSTON – A former member of the New England Family of La Cosa Nostra (NELCN) was arrested today in Florida after being indicted in the District of Massachusetts in connection with allegations that he obstructed a federal investigation into the murder of a Boston nightclub owner in the 1990s.
Robert P. DeLuca, 70, was indicted on one count of obstruction of justice and two counts of making false statements. He is scheduled to appear in U.S. District Court in the Southern District of Florida.
According to the indictment, DeLuca is charged with lying to federal prosecutors and investigators investigating the 1993 disappearance of Stephen DiSarro who operated The Channel, a South Boston nightclub. In March 2016, the remains of DiSarro were recovered by federal authorities behind a mill in Providence, R.I. The indictment alleges that DiSarro disappeared in May 1993 after the involvement of then LCN boss Frank Salemme and Frank Salemme, Jr. with The Channel became the focus of a federal grand jury investigation.
DeLuca is also charged with lying to federal authorities about his knowledge of other organized crime murders. It is alleged that DeLuca made the false statements in connection with his cooperation with federal authorities in Rhode Island after he was charged with racketeering and arrested in 2011. Despite his cooperation, DeLuca lied about his knowledge of the disappearance of DiSarro and other LCN murders.
The charge of obstruction of justice 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 false statements provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Carmen M. Ortiz for the District of Massachusetts; U.S. Attorney Peter F. Neronha for the District of Rhode Island; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistance was provided by the Massachusetts State Police, Rhode Island State Police and Norfolk County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Fred M. Wyshak, Jr. of Ortiz’s Public Corruption Unit and Assistant U.S. Attorney William Ferland of Neronha’s Office.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Buffalo Police Officer Pleads Guilty to Deprivation of Civil RightsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Robert Eloff Jr., 41, of Buffalo, NY, pleaded guilty to deprivation of rights under color of law before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 1 year in prison and a $100,000 fine.
“This case is yet another reminder that when individuals take an oath to protect the public, that obligation continues whether on off duty,” said U.S. Attorney Hochul. “This Office will continue to praise and honor those who uphold their pledge of service, while being vigilant to ensure consequences for those who violate it.”
U.S. Attorney Hochul stated that the defendant pleaded guilty in connection with an incident at Molly’s Pub in Buffalo in 2014. In the early morning hours of May 11, 2014, William Sager was pushed down a flight of stairs at Molly’s Pub by Jeffrey Basil. Sager later died of his injuries and Basil pleaded guilty in state court to manslaughter.
At the time Sager was pushed by Basil, Eloff was in Molly’s Pub working security for the bar. Eloff had been employed as a Buffalo Police Officer since 2007. While employed at Molly’s Pub, Eloff wore clothing and articles of equipment which identified him as an off-duty police officer.
A victim identified as D.H. was with William Sager the night Sager was pushed down the stairs. D.H saw people carry Sager outside after he was pushed down the stairs, and upon leaving the bar, saw Sager propped up against a wall. When D.H. asked BPD officers what happened, Eloff grabbed D.H. and told him to get out of there. D.H. then walked away and called 911. When other officers arrived, D.H. asked for Eloff’s name and badge number. Eloff, in response arrested and handcuffed D.H. and seated him next to Sager. D.H. was later taken from the scene by other officers.
Eloff told BPD officers that D.H. had physically interfered with Eloff and others inside the bar and had refused to leave the bar when directed to do so. A later review of surveillance video from Molly’s Pub revealed that D.H. never interfered with Eloff in the bar and never refused a command to leave the bar. In essence, Eloff caused D.H. to be falsely arrested for trespassing, a crime D.H. never committed.
The plea is the culmination of an investigation by Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for October 3, 2016 at 12:30 p.m. before Judge Arcara.
Former Attorney Pleads Guilty to Participating in Fraudulent Mortgage Modification Scheme that Cost Victims $6 MillionRead the Press Release
SANTA ANA, California – A former licensed attorney from Irvine pleaded guilty this afternoon to federal charges for his role in a multi-million dollar fraudulent mortgage modification scheme.
Ronald Rodis, 51, of Irvine, pleaded guilty before United States District Judge David O. Carter to one count of conspiracy to commit mail and wire fraud.
Rodis admitted that he participated in a scheme with several co-conspirators – Bryan D’Antonio, Charles Wayne Farris and others – to induce homeowners to pay between $3,500 and $5,500 for the services of the Rodis Law Group (RLG). Between October 2008 and June 2009, Rodis and his co-conspirators made numerous misrepresentations regarding the RLG’s ability to negotiate loan modifications from the homeowners’ mortgage lenders.
Rodis recorded radio advertisements encouraging struggling homeowners to call RLG. In the ads, Rodis falsely claimed that RLG consisted of “a team of experienced attorneys” who were “highly skilled in negotiating lower interest rates and even lowering your principal balance.” In fact, RLG was a telemarketing operation that never had a team of experienced attorneys. During much of the scheme, Rodis was the only attorney at RLG.
“This defendant posed as an accomplished attorney who could provide quality legal services – and hope – to struggling homeowners,” said United States Attorney Eileen M. Decker. “But the promises were bogus. Rodis Law Group made few efforts to assist homeowners, who paid thousands of dollars in last-ditch attempts to keep their homes, many of which entered foreclosure.”
When homeowners called RLG, telemarketers made misrepresentations to convince them to hire RLG. For example, telemarketers stated that RLG had been in business for 11 years, when in fact it had only opened in October 2008. They falsely stated that RLG routinely obtained positive results for homeowners, including lower monthly payments, reductions in principal balance and lower interest rates. In fact, positive results were rarely achieved for any RLG clients. Telemarketers also falsely reiterated that homeowners would have a team of attorneys and real estate professionals assigned to their case.
“It is an unfortunate truth that people often take advantage of a crisis for personal gain,” said Assistant Director in Charge Deirdre Fike of the FBI’s Los Angeles Field Office. “The Rodis Law Group was among the worst type of scammers, trying to take advantage of homeowners already experiencing profound heartache in the face of potential foreclosure. The FBI will not tolerate this kind of criminal behavior. I truly hope that when the next financial crisis arises, members of the public take a moment to look into claims that sound too good to be true, even if those claims are made by attorneys, before would-be clients become victims.”
In a plea agreement filed in federal court, Rodis admitted that the RLG scheme fraudulently obtained approximately $6 million from more than 1,500 victims.
“At the height of the mortgage crisis, this defendant and his co-conspirators preyed on desperate homeowners with a series of lies and false promises,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to prosecute individuals who target vulnerable victims for profit.”
Judge Carter is scheduled to sentence Rodis on February 27, 2017
The two co-defendants in the case – Bryan D’Antonio and Charles Wayne Farris – are each charged with conspiracy and nine counts of wire fraud. Each of these counts carries a statutory maximum penalty of 20 years in prison. In addition, D’Antonio is charged with 13 counts of criminal contempt for violating a 2001 federal court order which permanently banned D’Antonio from participating in future telemarketing operations. Criminal contempt of court has no statutory maximum penalty.
D’Antonio and Farris are scheduled to go on trial on September 20.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Joseph T. McNally and DOJ Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch.
Former Attorney Pleads Guilty to Participating in Fraudulent Mortgage Modification SchemeRead the Press Release
The Department of Justice announced that a former California licensed attorney pleaded guilty in U.S. District Court in Santa Ana, California, for his role in a multi-million dollar fraudulent mortgage modification scheme.
Ronald Rodis, 51, of Irvine, California, pleaded guilty before U.S. District Court Judge David O. Carter for the Central District of California to one count of conspiracy to commit mail and wire fraud.
“At the height of the mortgage crisis, this defendant and his co-conspirators preyed on desperate homeowners with a series of lies and false promises,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to prosecute individuals who target vulnerable victims for profit.”
“This defendant posed as an accomplished attorney who could provide quality legal services – and hope – to struggling homeowners,” said U.S. Attorney Eileen Decker of the Central District of California. “But the promises were bogus. Rodis Law Group made few efforts to assist homeowners, who paid thousands of dollars in last-ditch attempts to keep their homes, many of which entered foreclosure.”
Rodis admitted that, between October 2008 and June 2009, he participated in a scheme with Bryan D’Antonio, Charles Wayne Farris, and others to induce homeowners to pay between $3,500 and $5,500 for the services of the Rodis Law Group (RLG). Rodis and his co-conspirators made numerous misrepresentations regarding the RLG’s ability to negotiate loan modifications from the homeowners’ mortgage lenders. Rodis recorded radio advertisements encouraging struggling homeowners to call RLG. In the radio ads, Rodis falsely claimed that RLG consisted of “a team of experienced attorneys” who were “highly skilled in negotiating lower interest rates and even lowering your principal balance.” In fact, RLG was a telemarketing operation that never had a team of experienced attorneys. During much of the scheme, Rodis was the only attorney at RLG.
When homeowners called RLG, telemarketers made further misrepresentations to convince the homeowners to hire RLG. Telemarketers stated that RLG had been in business for 11 years when in fact it had only opened in October 2008. They falsely stated that RLG routinely obtained positive results for homeowners, including lower monthly payments, reductions in principal balance and lower interest rates. In fact, positive results were rarely achieved for any RLG clients. Telemarketers also falsely reiterated that homeowners would have a team of attorneys and real estate professionals assigned to their case.
“It is an unfortunate truth that people often take advantage of a crisis for personal gain,” said Assistant Director in Charge Deirdre Fike of the FBI’s Los Angeles Field Office. “The Rodis Law Group was among the worst type of scammers, trying to take advantage of homeowners already experiencing profund heartache in the face of potential foreclosure. The FBI will not tolerate this kind of criminal behavior. I truly hope that when the next financial crisis arises, members of the public take a moment to look into claims that sound too good to be true, even if those claims are made by attorneys, before would-be clients become victims.”
Rodis’s co-defendants, Bryan D’Antonio and Charles Wayne Farris, are each charged with 10 felony counts – nine counts of wire fraud and one count of conspiracy. Each of these counts carries a statutory maximum penalty of 20 years in prison. In addition, D’Antonio is charged with 13 counts of criminal contempt for violating a 2001 federal court order, which permanently banned D’Antonio from participating in future telemarketing operations. Criminal contempt of court has no statutory maximum penalty. D’Antonio and Farris are scheduled for trial beginning Sept. 20.
This case was investigated by the FBI and is being prosecuted by Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Joseph T. McNally of the Central District of California.
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 Central District of California, visit its website at https://www.justice.gov/usao-cdca.
Five Sedalia Gang Members Sentenced for Drug TraffickingRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that five members of a Sedalia, Mo., street gang were sentenced in federal court today for their roles in a drug-trafficking conspiracy that distributed at least five kilograms of cocaine and crack cocaine in the Sedalia area.
Operation Coin Collector focused on significant violent crime and drug-trafficking activity in the Sedalia area by a street gang called 5 Block. Numerous incidents involving firearms, shootings and murder surrounded members of 5 Block. The two-year-long investigation, which began in April 2010, resulted in six separate but related federal indictments in 2013 for drug-trafficking conspiracies that, in total, distributed more than $1 million worth of cocaine and crack cocaine.
Kenneth C. Kendrick, also known as “Kavi,” 43, Eric T. Hawkins, also known as “Easy,” 35, Kardell E. Sims, also known as “FU,” 37, George E. Buckner, also known as “Jorge,” 53, and Ronald C. Boggs, also known as “Hobbs,” 49, all of Sedalia, were sentenced in separate appearances before U.S. District Judge Dean Whipple. Kendrick was sentenced to 120 months in federal prison without parole. Hawkins was sentenced to 96 months in federal prison without parole. Sims was sentenced to 57 months in federal prison without parole. Buckner was sentenced to 84 months in federal prison without parole. Boggs was sentenced to 84 months in federal prison without parole.
Kendrick, Hawkins, Sims, Buckner and Boggs each pleaded guilty to participating in a conspiracy to distribute cocaine and crack cocaine from Oct. 5, 2011, to July 2, 2013. Under the terms of their plea agreements, they are jointly liable for a money judgment of $500,000, which represents their drug-trafficking proceeds, based on a conservative street price of $100 per gram and distribution during the conspiracy of five kilograms or more of cocaine and crack cocaine.
Between March 2012 and July 2013, numerous purchases of firearms, crack cocaine, and cocaine were made by confidential informants from members of 5 Block while monitored by law enforcement officers. These purchases occurred in Sedalia and focused primarily in the territory 5 Block operates. Five court-ordered wiretaps were authorized in this case. During these wire taps the members of 5 Block were intercepted and overheard discussing various narcotics and firearms transactions.
Kendrick admitted that he was involved in the distribution of approximately 235.95 grams of crack cocaine and 533.855 grams of cocaine. Hawkins admitted that he was involved in the distribution of approximately 613.3 grams of cocaine and approximately 121.3 grams of crack cocaine. Sims admitted that he was involved in the distribution of approximately 23 grams of crack cocaine. Buckner admitted that he was involved in the distribution and/or purchase of approximately 48.2 grams of crack cocaine. Boggs admitted that he was involved in the distribution and/or purchase of approximately 318.8 grams of cocaine and approximately 14 grams of crack cocaine.
Kendrick’s father, Lee A. Kendrick, 68, Marvin D. Spruell, 59, and his wife, Vickey J. Spruell, 58, all of Sedalia, have also pleaded guilty and have been sentenced.
This case was prosecuted by Assistant U.S. Attorneys Patrick C. Edwards and Joseph M. Marquez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the ATF-led JOLT (Joint Operations Law Enforcement Team) Task Force – comprised of the Sedalia, Warrensburg and Warsaw police departments and the Pettis County, Hickory County, Henry County, Johnson County and Benton County sheriff’s departments – and the Pettis County, Mo., Prosecutor’s Office.
El Departamento de Justicia Realiza un Acuerdo con los Tribunales de Kentucky A Fin de Garantizar el Acceso Igualitario para Todas las Personas Que No Hablen InglésRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha realizado un acuerdo con la Oficina Administrativa de Tribunales de Kentucky (en inglés) para resolver su revisión del suministro de servicios de apoyo lingüístico a usuarios del sistema judicial con conocimientos limitados del inglés [Limited English Proficient (LEP)].
El Departamento comenzó a trabajar con la Oficina Administrativa de Tribunales de Kentucky después de recibir una queja que alegaba discriminación por motivos de nacionalidad de origen al amparo el Título VI de la ley de Derechos Civiles de 1964, después de que un juez estatal dejara de brindar servicios de interpretación a partes LEP. El Título VI exige que los beneficiarios de asistencia financiera federal, tales como los tribunales, brinden servicios idiomáticos competentes a personas LEP en todos los procesos y trámites judiciales.
Durante la revisión realizada por el Departamento, la Oficina Administrativa de Tribunales de Kentucky ha fortalecido su programación de acceso lingüístico. Dicha iniciativa incluye la creación e implementación de un sistema de quejas relacionadas con los servicios lingüísticos, a ser traducido a una decena de idiomas que no sean el inglés, la capacitación del personal judicial en cuanto a la importancia de proveer servicios lingüísticos adecuados y el desarrollo sistemas que mejoren la eficiencia y calidad de los servicios de interpretación y las traducciones.
Como condición de la resolución, la Oficina Administrativa de Tribunales de Kentucky se ha comprometido a una fase de monitoreo de 12 meses de duración, durante la cual proveerá actualizaciones trimestrales al Departamento acerca de cualquier novedad asociada con la provisión de servicios lingüísticos, así como cualquier queja nueva que alegue que se dejaron de brindar servicios de apoyo lingüístico adecuados.
“Felicito a la Oficina Administrativa de Tribunales de Kentucky por comprometerse a asegurar que todas las personas, sin importar el idioma que hablen, puedan tener acceso integral y justo a servicios y procesos judiciales,” señaló la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, Jefa de la División de Derechos Civiles del Departamento de Justicia. “Nos complacerá trabajar en conjunto para continuar con esta labor esencial y garantizar el acceso igualitario a la justicia para todos.”
Estuvo a cargo del caso el Abogado Dylan Nicole de Kervor de la Sección de Coordinación y Cumplimiento Federal [Federal Coordination and Compliance (FCS)] de la División de Derechos Civiles.
La queja fue resuelta como parte de la iniciativa judicial de la FCS para garantizar que los tribunales estatales cumplan con las exigencias de acceso lingüístico del Título VI. No se le debe negar la justicia a ninguna persona LEP porque el tribunal deje de proveer servicios lingüísticos. El equipo judicial de la FCS (en inglés) provee orientación sobre políticas y apoyo técnico a sistemas judiciales estatales e implementa acciones de aplicación de la ley en todo el país.
Para más información sobre la FCS y el Título VI, visite www.justice.gov/crt/fcs (en inglés). Para recursos adicionales relacionados con las personas LEP, visite www.lep.gov/index.htm (en inglés).
EOIR Swears in 15 Immigration JudgesRead the Press Release
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of 15 immigration judges. Acting Chief Immigration Judge Michael C. McGoings presided over the investiture during a ceremony held June 17, 2016, at the U.S. Court of Appeals for the Armed Forces in Washington, D.C.
After a thorough application process, Attorney General Loretta E. Lynch appointed Nathan N. Aina, John B. Carle, Barbara J. Cigarroa, John G. Crews II, John P. Ellington, Justin W. Howard, Alison R. Kane, James M. Left, Clay N. Martin, Donald C. O’Hare, Jeannette L. Park, Ana L. Partida, Georgina M. Picos, Jayme Salinardi, and Sandra J. Santos-Garcia to their new positions.
“We are pleased to welcome these 15 appointees to the immigration judge corps,” said McGoings. “Their arrival brings our immigration judge corps to 273 adjudicators, our highest level to date.”
Biographical information follows.
Nathan N. Aina, Immigration Judge, Los Angeles Immigration Court
Attorney General Loretta E. Lynch appointed Nathan N. Aina to begin hearing cases in June 2016. Judge Aina earned a Bachelor of Science degree in 1997, and a Master of Public Administration and a Juris Doctor in 2001, all from Brigham Young University. From 2002 to May 2016, Judge Aina served as an assistant chief counsel for Immigration and Customs Enforcement, Department of Homeland Security, entering on duty through the Attorney General’s Honors Program. Judge Aina is a member of the Utah State Bar.
John B. Carle, Immigration Judge, Philadelphia Immigration Court
Attorney General Loretta E. Lynch appointed John B. Carle to begin hearing cases in June 2016. Judge Carle earned a Bachelor of Arts degree in 1990 from the State University of New York at Binghamton and a Juris Doctor in 1993 from the State University of New York at Buffalo Law School. From 2007 to May 2016, Judge Carle served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 2000 through 2007, Judge Carle served as an assistant district attorney for the City of Philadelphia District Attorney’s Office. From 1995 through 2000, Judge Carle served as an assistant district attorney for the Erie County District Attorney’s Office, in Buffalo, N.Y. From 1993 through 1995, Judge Carle served as an associate attorney for Magner, Love & Morris PC, in Buffalo, N.Y. In 2013, Judge Carle joined the faculty of the Villanova University School of Law where he serves as an adjunct professor. Judge Carle is a member of the Pennsylvania Bar.
Barbara Cigarroa, Immigration Judge, Port Isabel Immigration Court
Attorney General Loretta E. Lynch appointed Barbara Cigarroa to begin hearing cases in June 2016. Judge Cigarroa earned a Bachelor of Arts degree in 1978 from Harvard University, a Master of Social Work degree in 1993 from Washington University, and a Juris Doctor in 1993 from the Washington University School of Law. From 2008 to May 2016, Judge Cigarroa served as a senior attorney for Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2003 through 2008, Judge Cigarroa served as an assistant chief counsel for ICE, DHS. From 1993 through 2003, Judge Cigarroa served as a trial attorney for the former Immigration and Naturalization Service, Department of Justice, entering on duty through the Attorney General’s Honors Program. Judge Cigarroa is a member of the State Bar of Texas.
John G. Crews II, Immigration Judge, Port Isabel Immigration Court
Attorney General Loretta E. Lynch appointed John G. Crews II to begin hearing cases in June 2016. Judge Crews earned a Bachelor of Liberal Studies degree in 1981 from Boston University and a Juris Doctor in 1985 from Southern Methodist University. From 1997 to May 2016, Judge Crews served as an assistant U.S. attorney for the District of New Mexico, U.S. Attorney’s Office, Department of Justice (DOJ). From 1987 through 1997, Judge Crews served as an assistant U.S. attorney for the Southern District of Texas, U.S. Attorney’s Office, DOJ. From 1985 through 1987, Judge Crews served as a judicial law clerk for the late-Honorable Sam B. Hall Jr., U.S. District Court, Eastern District of Texas. Judge Crews is a member of the State Bar of New Mexico.
John P. Ellington, Immigration Judge, York Immigration Court
Attorney General Loretta E. Lynch appointed John P. Ellington to begin hearing cases in June 2016. Judge Ellington earned a Bachelor of Science degree in 1990 from Georgia State University, a Juris Doctor in 1993 from the Dickinson School of Law, and a Master of Liberal Arts degree in 2014 from the University of Pennsylvania. From 2014 to May 2016, Judge Ellington served as general counsel and from 2002 to 2014 as government trial counsel, for Immigration and Customs Enforcement, Department of Homeland Security. From 2000 through 2002, Judge Ellington served as deputy attorney general for the Fraud Section, Pennsylvania Office of the Attorney General, in Norristown, Pa. From 1997 through 2000, Judge Ellington served as an assistant district attorney for the Office of the Berks County District Attorney, in Reading, Pa. Since 1991, Judge Ellington has served in various capacities for the U.S. Navy Judge Advocate General’s Corps, including: from 2014 through 2018, as a military judge; from 2012 through 2014, as senior judge advocate for investigations and inspections; and from 2009 through 2012, and previously from 2003 through 2006, as a staff judge advocate. Judge Ellington is a member of the Pennsylvania Bar.
Justin W. Howard, Immigration Judge, Kansas City Immigration Court
Attorney General Loretta E. Lynch appointed Justin W. Howard to begin hearing cases in June 2016. Judge Howard earned a Bachelor of Arts degree in 1998 from Kansas State University and a Juris Doctor in 2002 from American University, Washington College of Law. From 2008 to May 2016, Judge Howard served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 2006 through 2008, Judge Howard served as an associate attorney for Shook, Hardy & Bacon LLP, in Kansas City. From 2002 through 2005, Judge Howard served as an assistant state’s attorney for the Miami-Dade Office of the State Attorney, in Miami. Judge Howard is a member of the Florida, Kansas and Missouri Bars.
Alison R. Kane, Immigration Judge, Denver Immigration Court
Attorney General Loretta E. Lynch appointed Alison R. Kane to begin hearing cases in June 2016. Judge Kane earned a Bachelor of Arts degree in 1997 from Syracuse University and a Juris Doctor in 2003 from the Boston College Law School. From 2010 to May 2016, Judge Kane served as an assistant chief counsel for Immigration and Customs Enforcement, Department of Homeland Security. From January 2010 through June 2010, and previously from 2005 through 2007, Judge Kane served as an associate for Fragomen, Del Rey, Bernsen & Loewy LLP, in New York City and Philadelphia. From 2003 through 2005, Judge Kane served as an attorney advisor for the Executive Office for Immigration Review, Department of Justice, entering on duty through the Attorney General’s Honors Program. From 1997 through 1999, Judge Kane served in the Peace Corps, in Guinea, Africa. Judge Kane is a member of the New York State Bar.
James M. Left, Immigration Judge, Adelanto Immigration Court
Attorney General Loretta E. Lynch appointed James M. Left to begin hearing cases in June 2016. Judge Left earned a Bachelor of Arts degree in 1988 from Pacific Lutheran University and a Juris Doctor in 1994 from the Pepperdine University School of Law. From 2013 to May 2016, and previously from 2008 through 2009, Judge Left served as a senior attorney for Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2009 through 2013, and previously from 2007 through 2008, Judge Left served as a special assistant U.S. attorney for the U.S. Attorney’s Office, in Los Angeles. From 2004 through 2007, Judge Left served as an assistant chief counsel for ICE, DHS. From 2002 through 2004, Judge Left served as an associate legal advisor for the National Security Law Division, ICE, DHS. From 1997 through 2002, Judge Left served as an assistant district counsel for the former Immigration and Naturalization Service, Department of Justice. Judge Left is a member of the State Bar of California.
Clay N. Martin, Immigration Judge, Pearsall Immigration Court
Attorney General Loretta E. Lynch appointed Clay N. Martin to begin hearing cases in June 2016. Judge Martin earned a Bachelor of Arts degree in 1984 from Hendrix College and a Juris Doctor in 1987 from the St. Mary’s University School of Law. From 2008 through May 2016, Judge Martin served as a senior attorney for the Office of the Chief Counsel (OCC), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2002 through 2007, Judge Martin served as an assistant chief counsel for OCC, ICE, DHS. From 1995 through 2002, Judge Martin served as chief deputy prosecuting attorney for the 18th West Judicial District Prosecuting Attorney’s Office, in Polk and Montgomery counties, Ark. From 1992 through 1995, Judge Martin served as an assistant district attorney for the Bexar County District Attorney’s Office, in San Antonio. From 1989 through 1991, Judge Martin served as an attorney for Riddle and Brown, in Dallas. From 1988 through 1989, Judge Martin served as an attorney for Soules and Wallace, in San Antonio. From 1987 through 1988, Judge Martin served as an attorney for Hill, Heard, Oneal, Gilstrap & Goetz, in Arlington, Texas. Judge Martin is a member of the Arkansas Bar and the State Bar of Texas.
Donald C. O’Hare, Immigration Judge, Denver Immigration Court
Attorney General Loretta E. Lynch appointed Donald C. O’Hare to begin hearing cases in June 2016. Judge O’Hare earned a Bachelor of Arts degree in 1984 from Macalester College, a Master of Arts degree in 1987 from the University of Minnesota, a Juris Doctor in 1992 from the California Western School of Law, and a Master of Laws degree in 1994 from the University of Virginia School of Law. From 2003 to May 2016, Judge O’Hare served in several capacities, including as deputy chief counsel, assistant chief counsel, and a senior attorney for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 1997 through 2003, Judge O’Hare served as an assistant district counsel for the former Immigration and Naturalization Service, Department of Justice. From 1992 through 1993, Judge O’Hare was a staff attorney for the Pension Benefit Guaranty Corp., in Washington, D.C. Judge O’Hare is a member of the State Bar of California.
Jeannette L. Park, Immigration Judge, Los Angeles Immigration Court
Attorney General Loretta E. Lynch appointed Jeannette L. Park to begin hearing cases in June 2016. Judge Park earned a Bachelor of Arts degree in 1996 from the University of California, Berkeley, and a Juris Doctor in 2000 from the Boston College Law School. From 2003 to May 2016, Judge Park served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 2000 through 2003, Judge Park served as an assistant district counsel for the former Immigration and Naturalization Service, Department of Justice. Judge Park is a member of the State Bar of California.
Ana L. Partida, Immigration Judge, Los Angeles Immigration Court
Attorney General Loretta E. Lynch appointed Ana L. Partida to begin hearing cases in June 2016. Judge Partida earned a Bachelor of Arts degree in 1996 from San Diego State University, a Master of Forensic Sciences degree in 1998 from National University, and a Juris Doctor in 2002 from the New England School of Law. From 2003 to May 2016, Judge Partida served as an assistant chief counsel for the Office of the Chief Counsel (OCC), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2002 through 2003, Judge Partida served as an assistant district counsel for the former Immigration and Naturalization Service, Department of Justice. Judge Partida is a member of the New Jersey State Bar.
Georgina M. Picos, Immigration Judge, Houston Immigration Court
Attorney General Loretta E. Lynch appointed Georgina M. Picos to begin hearing cases in June 2016. Judge Picos earned a Bachelor of Business Administration degree in 1987 from Florida International University and a Juris Doctor in 1991 from St. Thomas University School of Law. From 1994 to May 2016, Judge Picos served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 1992 through 1994, Judge Picos served as an associate attorney for the Law Offices of Magda Montiel Davis PA, in Miami. From 1991 through 1992, Judge Picos served as a judicial law clerk for the Miami Immigration Court, Executive Office for Immigration Review, Department of Justice, entering on duty through the Attorney General’s Honors Program. Judge Picos is a member of the Florida Bar.
Jayme Salinardi, Immigration Judge, Kansas City Immigration Court
Attorney General Loretta E. Lynch appointed Jayme Salinardi to begin hearing cases in June 2016. Judge Salinardi earned a Bachelor of Arts degree in 1994 from the University of Missouri-Columbia and a Juris Doctor in 1999 from the University of Missouri-Columbia. From 2012 to May 2016, Judge Salinardi served as deputy chief counsel for the Office of the Chief Counsel (OCC), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2003 through 2012, Judge Salinardi served as assistant chief counsel and senior attorney for OCC, ICE, DHS. From 2000 through 2003, Judge Salinardi served as an immigration attorney for Fallon, Bixby, Cheng & Lee, in San Francisco. In 2011, Judge Salinardi joined the faculty of the University of Missouri School of Law where he serves as an adjunct professor of law. Judge Salinardi is a member of the State Bar of California.
Sandra J. Santos-Garcia, Immigration Judge, Adelanto Immigration Court
Attorney General Loretta E. Lynch appointed Sandra J. Santos-Garcia to begin hearing cases in June 2016. Judge Santos-Garcia earned a Bachelor of Arts degree in 1998 and a Juris Doctor in 2001, both from the University of California, Berkeley. From 2010 through 2016, Judge Santos-Garcia served as a senior attorney for the Office of the Chief Counsel (OCC), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2001 through 2010, Judge Santos-Garcia served as assistant chief counsel for OCC, ICE, DHS. Judge Santos-Garcia is a member of the State Bars of Arizona and California.
- EOIR -
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.
Drug Dealer Sentenced to 10 Years in Prison for Trafficking Oxycodone After Being Convicted at TrialRead the Press Release
BATON ROUGE, LA – United States Attorney Walt Green announced the results of another federal prosecution related to the trafficking of opiates. U.S. District Judge John W. deGravelles sentenced KENDRICK D. ALEXANDER, age 43, of Baton Rouge and New Iberia, Louisiana, to serve 10 years in prison, followed by 3 years of supervised release. ALEXANDER was also ordered to forfeit $60,000 in drug-trafficking related proceeds and pay a $25,000 fine.
On March 12, 2015, following a four-day jury trial, ALEXANDER was convicted of possession with the intent to distribute oxycodone, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 846 and 841(a)(1). Evidence at trial showed ALEXANDER to be a significant drug trafficker who served as a supplier for lower-level dealers. To illustrate, the evidence showed that, from August 5, 2014 to August 14, 2014, in a series of recorded conversations, ALEXANDER negotiated a price of $60,000 for 5,000 30-mg oxycodone tablets and, in addition, had agreed to weekly drug deals at the same terms. At trial, the evidence showed that ALEXANDER intended to sell the oxycodone pills to other drug dealers for further distribution. Following the aforementioned negotiations, when stopped by law enforcement officers on August 14, 2014, ALEXANDER had $60,000 in a white paper bag, which monies were intended for the drug deal.
U.S. Attorney Green stated: “The opiate and heroin epidemic is an increasing national problem perpetuated by wholesale traffickers, like this defendant, who seek to exploit the addicted for profit. This sentencing should serve as a reminder of the significant prison terms and monetary penalties that await such offenders. I appreciate the efforts of the DEA and BRPD who continue to work together with our office and others in the law enforcement community to aggressively battle opiates and heroin.”
The investigation was conducted by the U.S. Drug Enforcement Administration and the Baton Rouge Police Department. The case was prosecuted by Assistant United States Attorneys Cam Le and Ryan Crosswell.