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27 June 2016
District Court Enters Permanent Injunction Against Sacramento Tofu Company and Senior Officers to Stop Distribution of Adulterated and Misbranded ProductsRead the Press Release
The U.S. District Court for the Eastern District of California entered a consent decree of permanent injunction against Wa Heng Dou-Fu & Soy Sauce Corporation doing business as Wa Heng Dou-Fu & Soy Sauce International Enterprises (Wa Heng) and the firm’s co-owners, Peng Xiang “Martin” Lin and Yuexiao “Opal” Lin, to prevent the distribution of adulterated and misbranded soy products, the Department of Justice announced today.
The Department filed a complaint in the Eastern District of California on June 17, at the request of the U.S. Food and Drug Administration (FDA). The complaint alleged that the defendants violated the Food, Drug and Cosmetic Act by causing food that is held for sale after shipment of one or more of its components in interstate commerce to become adulterated and misbranded. According to the complaint, the defendants have an extensive history of operating their food manufacturing facility under insanitary conditions, failing to follow current good manufacturing practice requirements and misbranding their food products.
“The American public deserves to be assured that companies and individuals preparing and distributing food subject to the Food, Drug and Cosmetic Act are complying with federal law,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division. “The Department of Justice will continue to work aggressively with the FDA to ensure a safe food supply.”
As detailed in the complaint, the company receives, prepares, processes, manufactures, packs, labels, holds and distributes soy products including fried tofu, firm tofu, seasoned tofu and soy drinks. The complaint alleged that Martin Lin’s responsibilities include the firm’s daily operations, raw material purchases, facility and equipment maintenance and production schedule and that Opal Lin’s responsibilities include training employees and overseeing employee performance.
In conjunction with the filing of the complaint, the defendants agreed to settle the case and to be bound by a permanent injunction that requires Wa Heng to cease all food preparation, manufacturing and distribution. If the defendants seek to resume preparing, manufacturing and distributing food, they must implement remedial measures set forth in the injunction, notify FDA of the measures taken, and receive written notification from FDA that they appear to be in compliance with the remedial requirements set forth in the injunction and the Food, Drug and Cosmetic Act.
According to the complaint, the defendants had a history of repeated violations. A 2015 inspection by FDA documented that the defendants failed to take reasonable precautions to ensure that production procedures do not contribute to contamination from any source. For example, as alleged in the complaint, FDA observed at least three employees spraying pressurized water from a water hose onto the production area floor, where FDA isolated Salmonella Havana, causing water to splash from the floor onto uncovered tofu and onto food contact surfaces, such as tofu presses and a filtration table. This was a repeat observation from the FDA’s 2012 inspection. In addition, FDA observed employees touching the bottoms of buckets and crates that had been on the floor and then touching tofu. The hand wash sink in the production room had no hot water because the valve had been turned off and the sink was inaccessible due to crates in front of it. This was also a repeat observation from the 2012 inspection.
According to the complaint, the most recent inspection also found that the defendants failed to maintain equipment and utensils in an acceptable fashion through appropriate cleaning and sanitizing. FDA observed spray hose nozzles, air valves, water valves and light switches that contained heavy residue, as well as a tofu cutting knife that was placed on top of a tofu press with greenish-brown buildup and then used to slice tofu.
Further, the complaint alleged that during the 2015 inspection, FDA conducted environmental sampling of the facility and five subsamples tested positive for pathogenic Salmonella Havana. According to the complaint, the positive samples were taken from, among other places, a floor drain near a cooking tank, a caster wheel on a cart carrying tofu and the floor between the packing and processing rooms. As noted in the complaint, FDA isolated a nearly identical strain of Salmonella Havana during its 2011 and 2012 inspections.
During the 2015 inspection, FDA also collected samples of the defendants’ product labeling. The complaint alleges that the defendants’ products are misbranded because, among other things, some of the firm’s soy products fail to include a label containing an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.
“Firms and individuals that violate federal food safety regulations pose a danger to public health,” said Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California. “The Department will not hesitate to hold companies and individuals accountable in order to protect the American people from adulterated food.”
The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Colleen Kennedy of the Eastern District of California and Associate Chief Counsel for Enforcement Charlotte Hinkle of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of California, visit its website at https://www.justice.gov/usao-edca.
District Court Enters Permanent Injunction Against Sacramento Tofu Company and Senior Officers to Stop Distribution of Adulterated and Misbranded ProductsRead the Press Release
SACRAMENTO, Calif. — The U.S. District Court for the Eastern District of California entered a consent decree of permanent injunction against Wa Heng Dou-Fu & Soy Sauce Corporation doing business as Wa Heng Dou-Fu & Soy Sauce International Enterprises (Wa Heng) and the firm’s co-owners, Peng Xiang “Martin” Lin and Yuexiao “Opal” Lin, to prevent the distribution of adulterated and misbranded soy products, the Department of Justice announced today.
The Department filed a complaint in the Eastern District of California on June 17, at the request of the U.S. Food and Drug Administration (FDA). The complaint alleged that the defendants violated the Food, Drug and Cosmetic Act by causing food that is held for sale after shipment of one or more of its components in interstate commerce to become adulterated and misbranded. According to the complaint, the defendants have an extensive history of operating their food manufacturing facility under insanitary conditions, failing to follow current good manufacturing practice requirements and misbranding their food products.
“The American public deserves to be assured that companies and individuals preparing and distributing food subject to the Food, Drug and Cosmetic Act are complying with federal law,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division. “The Department of Justice will continue to work aggressively with the FDA to ensure a safe food supply.”
As detailed in the complaint, the company receives, prepares, processes, manufactures, packs, labels, holds and distributes soy products including fried tofu, firm tofu, seasoned tofu and soy drinks. The complaint alleged that Martin Lin’s responsibilities include the firm’s daily operations, raw material purchases, facility and equipment maintenance and production schedule and that Opal Lin’s responsibilities include training employees and overseeing employee performance.
In conjunction with the filing of the complaint, the defendants agreed to settle the case and to be bound by a permanent injunction that requires Wa Heng to cease all food preparation, manufacturing and distribution. If the defendants seek to resume preparing, manufacturing and distributing food, they must implement remedial measures set forth in the injunction, notify FDA of the measures taken, and receive written notification from FDA that they appear to be in compliance with the remedial requirements set forth in the injunction and the Food, Drug and Cosmetic Act.
According to the complaint, the defendants had a history of repeated violations. A 2015 inspection by FDA documented that the defendants failed to take reasonable precautions to ensure that production procedures do not contribute to contamination from any source. For example, as alleged in the complaint, FDA observed at least three employees spraying pressurized water from a water hose onto the production area floor, where FDA isolated Salmonella Havana, causing water to splash from the floor onto uncovered tofu and onto food contact surfaces, such as tofu presses and a filtration table. This was a repeat observation from the FDA’s 2012 inspection. In addition, FDA observed employees touching the bottoms of buckets and crates that had been on the floor and then touching tofu. The hand wash sink in the production room had no hot water because the valve had been turned off and the sink was inaccessible due to crates in front of it. This was also a repeat observation from the 2012 inspection.
According to the complaint, the most recent inspection also found that the defendants failed to maintain equipment and utensils in an acceptable fashion through appropriate cleaning and sanitizing. FDA observed spray hose nozzles, air valves, water valves and light switches that contained heavy residue, as well as a tofu cutting knife that was placed on top of a tofu press with greenish-brown buildup and then used to slice tofu.
Further, the complaint alleged that during the 2015 inspection, FDA conducted environmental sampling of the facility and five subsamples tested positive for pathogenic Salmonella Havana. According to the complaint, the positive samples were taken from, among other places, a floor drain near a cooking tank, a caster wheel on a cart carrying tofu and the floor between the packing and processing rooms. As noted in the complaint, FDA isolated a nearly identical strain of Salmonella Havana during its 2011 and 2012 inspections.
During the 2015 inspection, FDA also collected samples of the defendants’ product labeling. The complaint alleges that the defendants’ products are misbranded because, among other things, some of the firm’s soy products fail to include a label containing an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.
“Firms and individuals that violate federal food safety regulations pose a danger to public health,” said Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California. “The Department will not hesitate to hold companies and individuals accountable in order to protect the American people from adulterated food.”
The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Colleen Kennedy of the Eastern District of California and Associate Chief Counsel for Enforcement Charlotte Hinkle of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.
Destin Business Entrepreneur Sentenced to 51 Months in Prison for 7 Years of Tax EvasionRead the Press Release
PENSACOLA, FLORIDA – Trenton S. Sommerville, 48, of Destin, Florida, was sentenced Friday afternoon to 51 months in prison for wire fraud and tax evasion. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During his guilty plea in January 2016, Sommerville admitted that he obtained funds from investors for ventures he controlled, including that of an insurance provider and companies involved in gambling initiatives in the Caribbean. At Sommerville’s direction, investors wired funds or sent checks to Sommerville’s bank accounts in Destin, Florida, held in the names of these companies.
Sommerville concealed from investors that he would take a salary and pay for personal expenses with investment funds. He also did not invest any of his own capital in his ventures. As a result, between January 2011 and December 2014, Sommerville embezzled investment funds by making personal expenditures directly from corporate accounts, transferring investment funds to his personal account, and writing corporate checks to a family member. In addition, when certain investors asked to have their investments refunded, Sommerville used investment funds from other investors to pay refunds.
As of May 2012, Sommerville owed approximately $549,789.56 in taxes to the Internal Revenue Service for the tax years 2004 through 2010. He tried to evade paying taxes by concealing income and assets from the IRS through the use of nominee names and accounts, by using a cashier’s check to pay off the mortgage on his residence, and by selling his personal shares and instructing the buyer to wire the money into another bank account. Sommerville failed to file federal income tax returns for the tax years 2011 through 2013, despite earning approximately $585,214 in income and owing approximately $103,279 in taxes for those years.
This case resulted from an investigation by the Internal Revenue Service – Criminal Investigation, Federal Bureau of Investigation, the Financial Intelligence Unit of Trinidad and Tobago, and the Florida Office of Financial Regulation. Assistant United States Attorney Alicia H. Kim prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Department of Justice Announces New Department-Wide Implicit Bias Training for PersonnelRead the Press Release
The Department of Justice announced today that it will train all of its law enforcement agents and prosecutors to recognize and address implicit bias as part of its regular training curricula. The new training, based on the latest social science research and best practices in law enforcement, will begin across the department in the next few weeks. Deputy Attorney General Sally Q. Yates sent a memo to all law enforcement agents and prosecutors today informing them of the new Implicit Bias Training Program and its importance to a strong and fair criminal justice system.
“Our officers are more effective and our communities are more secure when law enforcement has the tools and training they need to address today’s public safety challenges,” said Attorney General Loretta E. Lynch. “At the Department of Justice, we are committed to ensuring that our own personnel are well trained in the core principles and best practices of community policing. Today’s announcement is an important step in our ongoing efforts to promote fairness, eliminate bias and build the stronger, safer, more just society that all Americans deserve.”
“The Department of Justice has a responsibility to do everything we can to ensure that our criminal justice system is fair and impartial,” said Deputy Attorney General Yates. “Given that the research is clear that most people experience some degree of unconscious bias, and that the effects of that bias can be countered by acknowledging its existence and utilizing response strategies, it is essential that we provide implicit bias training to all of our prosecutors and law enforcement agents. Along with the heads of our law enforcement agencies, I’m looking forward to participating in DOJ’s very first training session tomorrow morning.”
Through the new training, over 28,000 department employees will learn how to recognize and address their own implicit bias, which are the unconscious or subtle associations that individuals make between groups of people and stereotypes about those groups. Implicit bias can affect interactions and decisions due to race, ethnicity, gender, sexual orientation, religion and socio-economic status, as well as other factors. Social science has shown that all individuals experience some form of implicit bias but that the effects of those biases can be countered through training.
In the coming weeks, the department will begin rolling out the training to the more than 23,000 agents employed by the FBI, Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and U.S. Marshals Service (USMS), as well as the approximately 5,800 attorneys working in the 94 U.S. Attorney’s Offices across the country. As the project continues, the department will expand training to other personnel, including prosecutors in the department’s litigating components and agents of the Office of the Inspector General.
Since 2010, the department’s Office of Community Oriented Policing Services has worked with state and local law enforcement to train over 2,600 law enforcement officers at both the line and supervisor level in its implicit bias program known as Fair and Impartial Policing. For the department’s new internal training, curricula have been created to address the work of prosecutors and federal law enforcement and the different missions of the law enforcement components. Each law enforcement component’s curriculum includes three levels of training based on how implicit bias may affect the duties for line personnel, supervisors and managers, and executive personnel.
In order to lead by example, on Tuesday, Deputy Attorney General Yates will be joined by the leadership of FBI, ATF, DEA and USMS to participate in the first part of the executive training under the new curricula. Over the coming months, training will begin with executive personnel, followed by supervisors and managers, and later line personnel, including agents and attorneys.
Daytona Beach Resident Sentenced to Federal Prison for Tax Fraud and Identity TheftRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan today sentenced Shawne Butler (51, Daytona Beach) to 42 months in federal prison for filing fraudulent tax returns with the Internal Revenue Service and for aggravated identity theft. He pleaded guilty on March 4, 2016.
According to court documents and facts presented at his sentencing hearing, Butler devised a scheme whereby he stole identities from state prison inmates and used them to file fraudulent tax refunds. Over the course of approximately two years, Butler filed 188 fraudulent tax returns and received $207,908 in refunds, which he deposited into his bank account.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Jay Taylor.
Convicted Indiana Child Molester Sentenced for Failing to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – Senior United States District Judge Harvey E. Schlesinger has sentenced Ricardo Lamont Irvine (43, Evansville, IN) to 41 months in federal prison for failing to register as sex offender after traveling from Indiana to Florida. He pleaded guilty on December 10, 2015.
According to court documents, on November 4, 1996, Irvine was convicted of child molestation in Evansville, Indiana. Subsequent to his conviction, Irvine traveled from Indiana to Florida but failed to register as a sex offender as required by the Sex Offender Registration and Notification Act.
On September 22, 2015, officers with the Jacksonville Sheriff’s Office (JSO) responded to a Walmart store in Jacksonville in reference to a disturbance. Officers made contact with Irvine, who advised the officers that he had been in Jacksonville for about two weeks and was living in a wooded area. Records checks revealed that Irvine was a registered sex offender from Indiana and that he had failed to register in Florida.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law This case was investigated by the United States Marshals Service, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Columbus Tax Preparers SentencedRead the Press Release
United States Attorney G. F. “Pete” Peterman, III, today announced the impositions of sentences on two former Columbus tax preparers for obtaining stolen identity information and filing fraudulent income tax returns. The sentences were handed down in Columbus, Georgia, by the Honorable Clay D. Land, Chief United States District Judge for the Middle District of Georgia.
Michelle Simmons, 36, of Columbus, Georgia, was sentenced on June 21, 2016, to serve 51 months in prison. Larae Townsend, 35, also of Columbus, was sentenced on June 27, 2016 to serve 75 months’ imprisonment. They are jointly ordered to pay restitution in the amount of $419,139 to the Internal Revenue Service.
Ms. Simmons and Ms. Townsend entered guilty pleas to the charges on February 2, 2016. Evidence showed that Ms. Simmons worked for Gattison & Associates, a tax preparation business in Columbus with Danielle Wallace. Beginning tax year 2011 and continuing through tax year 2014, Ms. Townsend supplied Ms. Simmons and Ms. Wallace with stolen identity information, including names, Social Security numbers, and dates of birth. At least 557 fraudulent tax returns were filed using the stolen information. As a result, over $400,000 in illegally obtained tax refunds from the IRS were issued. Ms. Wallace was sentenced to 65 months in prison on July 28, 2015.
“Identity theft continues to be an ongoing problem in the United States,” stated Veronica Hyman-Pillot, Special Agent in Charge, IRS Criminal Investigation. “Michelle Simmons, Larae Townsend, and Danielle Wallace stole our identities, stole government money and preyed upon innocent citizens. Our agents are determined to keep up the fight to eradicate identity theft and to protect honest taxpayers.”
“The years to be served in prison, without parole under federal law, constitute a fit punishment for the fraud and theft committed by these defendants and will hopefully serve as a warning to others who might be tempted to try to do the same. These women defrauded not only the individual taxpayers whose identities they stole, but the people and government of the United States, whose money they stole,” said United States Attorney Pete Peterman.
The case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Melvin E. Hyde, Jr prosecuted the case for the government.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Clovis Woman Pleads Guilty to Money LaunderingRead the Press Release
FRESNO, Calif. — Natalie Middleton, 30, of Clovis, pleaded guilty today to laundering proceeds from the sale of synthetic drugs, commonly known on the street as “spice,” Acting United States Attorney Phillip A. Talbert announced.
“Spice” refers to a smokable organic plant leaf that is laced with a synthetic cannabinoid, which is often a controlled substance or a controlled substance analogue. Public health and law enforcement agencies have seen the emergence of synthetic drug use. State and local public health departments note that synthetic cannabinoids cause serious adverse health effects, including agitation, anxiety, nausea, vomiting, tachycardia, elevated blood pressure, tremor, seizures, hallucinations, paranoid behavior, and even death.
According to court documents, Middleton purchased a Lake Tahoe time share with proceeds she obtained from the sales of smokable synthetic cannabinoids. According to her plea agreement, from January through March 2013, Middleton was employed as a national sales representative for ZenBio LLC (ZenBio). ZenBio was a “spice” manufacturing and distribution business that started in Pensacola, Florida in November 2012. It continued the operations of another “spice” company known as Zencense IncenseWorks LLC that processed the drug in warehouses in Stockton and Millbrae. The drugs were sold under the brand names “Bizarro,” “Orgazmo,” “Headhunter,” “Defcon,” “Neutronium,” “Sonic Zero,” “Sonic Boom,” “Sonic Blast,” “Shockwave,” “Hampster,” and “Posh.” ZenBio distributed these drugs during its approximate five-month life span. ZenBio generated in excess of $33 million from the sale of at least 24 tons of synthetic drugs. During the investigation of this case, law enforcement officers seized over $6 million in cash and assets derived from drug proceeds.
Court documents also reveal that, prior to her position with ZenBio, Middleton worked as a manager at the Stuffed Pipe, a chain of smoke shops in Fresno, Visalia, and Bakersfield. The Stuffed Pipe previously sold ZenBio and Zencense “spice” products.
Middleton is scheduled for sentencing on October 11, 2016. She faces a maximum statutory penalty of 10 years in prison and a $250,000 fine, or twice the gross gain from the crime. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Last month, a co-conspirator, Timothy New, 33, of Pensacola, Florida pleaded guilty to the fraudulent interstate shipments of misbranded drugs. Co-defendants, Douglas Jason Way, 41, of Evanston, Illinois, and Timothy Ortiz, aka Michael Fitton, 45, of Waukegan, Illinois, have pleaded not guilty to various drug charges and are scheduled for a status conference on September 12, 2016. They face a maximum penalty of 20 years in prison and a fine of $10 million. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigation, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Fresno County Sheriff’s Office, with assistance from the Food and Drug Administration (FDA). The OCDETF Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. This OCDETF investigation was also part of a nationwide law enforcement effort coordinated by the DEA’s Special Operations Division. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Chicago Resident Sentenced to 10 Years in Prison for Participating in Multi-State Heroin Trafficking ConspiracyRead the Press Release
SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 40-year-old Mexican national who resided in Chicago at the time of his arrest, was sentenced today to serve 10 years in prison by U.S. District Court Judge Robert D. Mariani in Scranton, for his role in a drug conspiracy that was responsible for distributing large quantities of heroin during a four-year time period in Monroe, Carbon, Montgomery, and Berks Counties in Pennsylvania.
According to United States Attorney Peter Smith, the defendant, Romualdo Hermosillo-Avendano, also known as “Flaco,” previously admitted to distributing more than one kilogram of heroin via courier from Chicago to Pennsylvania during December 2013-January 2014. A kilogram of heroin is equivalent to more than 33,000 retail bags of heroin.
Hermosillo-Avendano was indicted by a federal grand jury in March 2014, as a result of an investigation by the Drug Enforcement Administration (DEA), Homeland Security Investigations, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, Berks County Detectives and Montgomery County Detectives.
Judge Mariani also ordered the defendant to serve five years on supervised release following his prison sentence. The defendant also faces possible deportation.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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Charlotte Man Sentenced to 11 Years on Child Pornography ChargesRead the Press Release
CHARLOTTE, N.C. - A Charlotte man was sentenced today to 11 years in prison for possession and transportation of child pornography, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Chief U.S. District Judge Frank D. Whitney ordered David Lee Young, II, 24, to serve a lifetime of supervised release and to register as a sex offender upon release from prison. Young pleaded guilty in March 2016 to three counts of transportation and one count of possession of child pornography.
Nick Annan, Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Chief Kerr Putney of the Charlotte Mecklenburg Police Department join U.S. Attorney Rose in making today’s announcement.
According to admissions made in connection with his guilty plea and to information introduced at sentencing, in October 2014, Young shared child pornography at least three times with an undercover agent over the Internet via a peer-2-peer network. During a subsequent search of Young’s residence, agents seized a desktop computer and a laptop. Forensic analyses of those devices revealed that Young possessed 29 videos of child pornography, some of which depicted prepubescent minors engaging in sadistic and masochistic conduct. Court records show that the child pornography in Young’s possession included at least 13 different children already identified by law enforcement as victims of child pornography.
Young is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
U.S. Attorney Rose thanked HSI and CMPD for their investigation of this case. Assistant U.S. Attorney Cortney Randall of the U.S. Attorney’s Office in Charlotte was in charge of the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children.By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims.For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
California Registered Broker Pleads Guilty to Participating in A $20 Million Market Manipulation SchemeRead the Press Release
Earlier today, Darren Goodrich, a registered broker at a brokerage firm in El Segundo, California, pleaded guilty to conspiracy to commit securities fraud for manipulating the stock of Cubed, Inc. (Cubed), which traded under the ticker symbol CRPT. The guilty plea was entered before United States Magistrate Judge Vera M. Scanlon at the federal courthouse in Brooklyn, New York. When sentenced, Goodrich faces up to five years in prison, as well as restitution, criminal forfeiture, and a fine.
The guilty plea was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
According to court filings and facts presented at the plea hearing, between March 2014 and July 2014, Goodrich and his co-conspirators engaged in a scheme to defraud investors and potential investors in Cubed by artificially controlling the price and volume of traded shares in the company through fraudulent concealment of the defendants’ and their co-conspirators’ ownership interests and engineering price movements and trading volume in the stock. In March 2014, Goodrich’s co-conspirators took Cubed public through an asset purchase agreement. On April 22, 2014, Cubed’s stock began trading in earnest. Between April 22, 2014 and April 30, 2014, Goodrich and his co-conspirators concocted trading volume in this stock by purchasing more than 50% of the total number of Cubed shares purchased during this period.
Between May 2, 2014 and June 29, 2014, law enforcement authorities conducted a judicially-authorized wiretap of one of Goodrich’s co-conspirator’s cellular telephone. The wiretap revealed that Goodrich and his co-conspirators fraudulently manipulated Cubed’s stock by artificially controlling the price and volume of that stock through orchestrated trading. Rather than generating significant market interest and causing a quick pump and dump that would elicit regulators’ scrutiny, the conspirators gradually increased the price of Cubed’s stock to give it the appearance of a legitimate company with genuine and steady market demand for the security. For example, on May 5, 2014, while Cubed was in a period of gradual increase from $5.20 on April 22, 2014 to $5.42 on May 22, 2014, a co-conspirator called Goodrich, and stated, “Can you buy a 100 and see if [the other market maker] moves?” Goodrich complied and then responded, “Yeah, they’re going.”
Goodrich and his co-conspirators used an attorney escrow account to successfully control the price and volume of Cubed’s stock. On June 23, 2014, Cubed reached its highest closing price of $6.75 per share, resulting in a market capitalization of approximately $200 million. Previously, Cubed filed with the SEC a Form 10-Q and reported less than $1,500 in cash, zero revenue, negative stockholders’ equity, a net loss of $15,000, and accrued professional fees of $131,824.
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The government’s case is being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Shannon C. Jones, Christopher L. Nasson, and Patrick Hein are in charge of the prosecution, with assistance provided by Assistant United States Attorney Claire S. Kedeshian of the Office’s Civil Division, which is responsible for the forfeiture of assets.
The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions, and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit ww.StopFraud.gov.
The Defendant:
DARREN GOODRICH
Age: 37
Residence: Manhattan Beach, CaliforniaE.D.N.Y. Docket No. 14-CR-399 (S-1) (ENV)
Bridgeport Man Sentenced to 4 Years in Federal Prison for Selling Heroin and CrackRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CEWELL SHARPE, also known as “C.C.,” 33, of Bridgeport, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 48 months of imprisonment, followed by five years of supervised release for distributing heroin and crack cocaine.
According to court documents and statements made in court, in November 2015, the Connecticut State Police Statewide Narcotics Task Force, working with the FBI’s Safe Streets Task Force, conducted a series of controlled purchases of heroin and crack cocaine from SHARPE in the P.T. Barnum housing complex.
SHARPE has been detained in federal custody since January 26, 2016. On March 11, 2016, he pleaded guilty to one count of possession with intent to distribute, and distribution of, heroin.
SHARPE’s criminal history includes multiple felony convictions, and he committed this most recent offense while he was on state probation.
This matter was investigated by the FBI’s Bridgeport Safe Streets Task Force, Connecticut State Police Statewide Narcotics Task Force and Bridgeport Police Department. The case was prosecuted by Assistant U.S. Attorney Alina P. Reynolds.
Bradenton Pastor Convicted of Mortgage FraudRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Nelson Cristiano Machado, Jr. (50, Bradenton) guilty of three counts of wire fraud. He faces a maximum penalty of 30 years in federal prison on each count. His sentencing hearing is scheduled for September 26, 2016.
According to evidence presented at trial, Machado knowingly participated in a scheme to defraud mortgage lenders. He entered into a sale contract for the purchase of two residences in Cape Coral, one for $509,900, and another for $249,900. In his loan applications, Machado falsely represented his employment, the balance of his bank account, and that each of the homes would be his primary residence. He also failed to disclose to his second mortgage lender that he had already obtained a first mortgage in the amount of $343,000 and second mortgage in the amount of $147,000. Machado also failed to disclose the purchase of another residence located in Fort Myers for which he had obtained a mortgage in the amount of $189,050. Relying upon Machado’s false representations, the mortgage lenders approved his loan applications and wired the funds to the designated title agencies for closing.
This case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.
Attorney General Loretta E. Lynch Statement on the U.S. Supreme Court Ruling in Whole Woman’s Health V. HellerstedtRead the Press Release
Attorney General Loretta E. Lynch released the following statement today on the U.S. Supreme Court ruling in Whole Woman’s Health v. Hellerstedt:
"For many years, the Supreme Court has maintained that regulations with the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion constitute an undue burden on women trying to exercise their reproductive freedom, and are contrary to principles enshrined in the Constitution. I am pleased that the Supreme Court has reaffirmed this longstanding principle in its decision today.
"When we filed a brief in this case, the Department of Justice made clear that we believe laws like the one at issue here unfairly restrict women's rights, negatively impact women's health, and undermine the state's interest in protecting the safety and welfare of its people. In the days ahead, the Department of Justice will continue fighting against laws like this one. And we will continue to defend the constitutional rights of women across America - including the right to reproductive freedom."
Arsonist Sentenced to 15 Years in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Eddie L. Vaughn a/k/a Elbow, 36, of Rochester, who was convicted of arson of a commercial building and possession of a firearm by a convicted felon, was sentenced today to 188 months in prison and 3 years supervised release, by U.S. Chief District Judge Frank P. Geraci, Jr. Vaughn was also ordered to pay $45,548 in restitution for the arson.
Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that on September 22, 2013, Vaughn threw a Molotov cocktail into the Miami Deli Grocery at 176 Genesee Street in the City of Rochester. The Molotov cocktail exploded upon impacting the store floor, spreading fire throughout the store. The interior and exterior of the store was burned and extensively damaged. The Miami Deli Grocery was a business which routinely purchased and sold goods from suppliers within and outside the state of New York and the United States. As such, at the time of the arson, the building was used in interstate and foreign commerce, giving rise to the federal arson investigation and prosecution.
Vaughn was arrested on June 26, 2014 in connection with the execution of a search warrant at his residence at 5 Woodrow Street in the City of Rochester. During the search, a sawed-off .20 gauge shotgun was recovered as well as multiple rounds of .20 gauge shotgun ammunition. The shotgun was ballistically matched to a spent shotgun round recovered by RPD on June 20, 2014 at the scene of a shooting that night on Woodrow Street. As part of his plea agreement, Vaughn admitted possessing that firearm and ammunition, which were manufactured outside of New York State, after having been previously convicted of four felonies. Vaughn was ordered to forfeit the seized shotgun and rounds of ammunition as part of his sentence.
The conviction was the culmination of an investigation conducted by the Arson Task Force, which is comprised of Investigators of the Rochester Fire Department under the direction of Fire Chief John Schreiber, Rochester Police Department under the Direction of Michael L. Ciminelli, and Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Delano A. Reid.
Armed Robber Sentenced to over 15 Years in Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Darrell Lee, age 48, of Charlotte Hall, Maryland, today to184 months in prison followed by five years of supervised release for robbery, and for carrying and brandishing a gun during a robbery. Judge Grimm also ordered Lee to pay restitution of $24,791.50 and forfeit $19,987.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office; St. Mary’s County Sheriff Tim Cameron; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
According to his plea agreement, on June 18, 2014, Lee and Furman Troy entered a jewelry store in Charlotte Hall. Lee brandished a gun at the store owner and Troy bound the victim with duct tape. After obtaining the key to the jewelry counter from an employee, they stole jewelry worth approximately $8,890, cash, a laptop computer valued at approximately $2,100 and other items.
On June 22, 2014, Lee and Troy robbed a pharmacy in Mechanicsville, Maryland. Again, Lee brandished a gun and Troy bound the employee with duct tape. They stole cash and prescription bottles containing oxycodone, methadone, hydrocodone and endocet, valued at approximately $8,997.
Furman Troy, age 45, of Charlotte Hall, Maryland, pleaded guilty to his participation in the scheme and was sentenced to 12 years in prison. In addition, Michael Burgess, age 54, of Alexandria, Virginia, and Abdelrahim Ayyad, a/k/a Sahid, age 50, of White Plains, Maryland previously pleaded guilty to their roles in the robberies and await sentencing.
United States Attorney Rod J. Rosenstein commended the FBI, St. Mary’s County Sheriff’s Office and Maryland State Police for their work in the investigation, and recognized the St. Mary’s County State’s Attorney’s Office for its assistance in the case. Mr. Rosenstein thanked Assistant United States Attorney Leah J. Bressack, who prosecuted the case.
Accountant Charged with Stealing $3.4 Million from EmployerRead the Press Release
BOSTON – A former accountant for an investment advising company was charged and arrested today in connection with embezzling nearly $3.4 million from employer.
Gary Tiffany II, 32, was arrested today and charged in a criminal complaint with bank fraud, wire fraud, and engaging in illegal monetary transactions. Tiffany had an initial appearance before U.S. District Court Magistrate Judge Donald L. Cabell this afternoon.
According to the complaint, from June 2010 to November 2015, Tiffany was employed as an accountant and office manager by an investment advisor company which has domestic offices in Boston and New York City. During that time, Tiffany obtained a total of more than $3,380,000 from the company by wiring funds from its accounts to his personal accounts and forging checks from the company’s accounts payable to himself. As alleged in the complaint, Tiffany concealed the scheme by, among other things, making false entries in the company’s electronic accounting system and by manipulating the company’s bank statements to remove references to wire transfers he had made into his personal accounts. The company allegedly discovered Tiffany’s theft of funds after he was downsized in the fall of 2015. When he was later confronted by the company’s executives, Tiffany admitted to transferring about $1 million from the company to himself and spending it.
The charge of bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release, a fine of $1 million, and restitution. The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and restitution. The charge of engaging in illegal monetary transactions provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Mark J. Balthazard of Ortiz’s Economic Crimes Unit.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Accountant Admits to Filing False Tax ReturnsRead the Press Release
BOSTON – A Granby, Mass. accountant pleaded guilty Friday, June 24, 2016, in U.S. District Court in Worcester in connection with filing false tax returns.
James Lowe, 53, pleaded guilty to three counts of filing false corporate tax returns for his accounting business and three counts of filing false personal income tax returns from 2011 to 2013. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Oct. 17, 2016.
Lowe was the owner of an accounting and tax return preparation business in Chicopee. Lowe under-reported his income on both his corporate and personal income tax returns by not disclosing certain checks generated from his accounting business. Lowe cashed some of these checks and he deposited some of them into his personal bank account, rather than the business bank account. The false tax returns resulted in more than $118,000 in tax loss.
The charging statutes provides a sentence of no greater than three years in prison, one year of supervised release and a fine of $100,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Alex Grant of Ortiz’s Springfield Branch Unit.
24 June 2016
Wyoming Man Convicted of Being a Felon and Unlawful User of a Controlled Substance in Possession of Firearms and Possession of Equipment Used to Manufacture Controlled SubstancesRead the Press Release
U.S. Attorney for the District of Wyoming Christopher A. Crofts announced today that on June 23, 2016, Brad Calvin Titchener, 48, was convicted following a two-day jury trial in United States District Court in Cheyenne, Wyoming, of being felon and unlawful user of a controlled substance in possession of firearms and possession of equipment used to manufacture controlled substances. The investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), the Wyoming Division of Criminal Investigation (DCI) and the Laramie County Sheriff’s Office (LCSO) resulted in the discovery of the firearms and equipment used to manufacture methamphetamine at Titchener’s residence on November 15, 2015, in Cheyenne, Wyoming. Sentencing has been set for August 30, 2016, at 9:30 a.m. before United States District Judge Alan B. Johnson in Cheyenne, Wyoming. Titchener faces up to 14 years in prison.
This case was prosecuted by Assistant U.S. Attorney Timothy J. Forwood, with the assistance of the case agent, DCI Special Agent Colin Ryder.
Woodside Resident Pleads Guilty to Structuring Financial Transactions to Evade Reporting RequirementsRead the Press Release
SAN FRANCISCO, Calif. – Per Alftin pleaded guilty today to structuring financial transactions to evade reporting requirements, announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The plea follows the June 3, 2016, filing in federal court charging Alftin with circumventing the federal reporting requirement.
According to the plea agreement, Alftin, 51, of Woodside, admitted to using structured transactions to transfer at least $1,493,500 of cash from the gross receipts of his company, Alftin Construction, between 2009 and 2012. Specifically, Alftin admitted knowing that the banks he used had an obligation to report certain transactions in excess of $10,000, and that he sought to prevent such reports by structuring transactions to avoid the $10,000 threshold. Alftin drew more than $100,000 in cash from his business’s gross receipts in structured transactions during each year from 2009 through 2012 for a total of $1,493,500 during the entire period.
Alftin was charged in an Information with a single count of structuring financial transactions to evade reporting requirements, in violation of 31 U.S.C. § 5324(a)(3). Pursuant to today’s agreement, Alftin pleaded guilty to that count. Alftin is scheduled to appear on October 7, 2016, at 11:00 am before the Honorable Susan Ilston, U.S. District Judge for sentencing.
The maximum penalty for a violation of 31 U.S.C. § 5324(a)(3), is ten years’ imprisonment and a fine of $500,000. In addition, a fine and a term of supervised release may be imposed; however, any sentence following this conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant US Attorney Michael G. Pitman is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
White County Man Sentenced to 13 Years in Prison for Methamphetamine OffensesRead the Press Release
Bobby D. Morrill, Jr., 38, of Carmi, Illinois, was sentenced today in United States District Court in Benton to a term of 156 months in prison for distributing highly pure methamphetamine on four occasions in 2015, announced James L. Porter, Acting United States Attorney for the Southern District of Illinois. Morrill had previously pled guilty on March 3, 2016, to distributing methamphetamine in Carmi on August 31st and September 8th, 9th, and 16th.
At the time of the four distributions, Morrill was on parole from the Illinois Department of Corrections after being sentenced in White County Circuit Court to 10 years in state prison in 2010 for possessing anhydrous ammonia with intent to manufacture methamphetamine. As a result, Morrill’s parole was revoked and he was returned to the Illinois Department of Corrections where he will remain until April 2017. He will begin serving his federal sentence after that.
In addition to the 156 month federal sentence, Morrill was ordered to pay $700 in fines and special assessments to the United States and was placed on a 3 year term of supervised release to follow his incarceration.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force and the Illinois State Police and was prosecuted by Assistant United States Attorney James M. Cutchin.
Westminster Man Sentenced to over 4 Years in Federal Prison for Distribution of HeroinRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Alexander E. Agniadis, age 28, of Westminster, Maryland, today to 54 months in prison, followed by three years of supervised release, for distribution of heroin. An individual died after receiving heroin from Agniadis. Judge Motz also ordered that Agniadis pay restitution of $6,743.41 to the victim’s family for the cost of his funeral and final arrangements. There are no suspended sentences or parole in the federal court system.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Chief Jeffrey Spaulding of the Westminster Police Department; Carroll County Sheriff James DeWees; and Carroll County State’s Attorney Brian DeLeonardo.
According to Agniadis’ plea agreement, at approximately 3:30 p.m. on December 28, 2014, Agniadis distributed heroin to an individual in the vicinity of Medinah Circle in Westminster. Text messages show that the individual contacted Agniadis to obtain heroin. According to witnesses Agniadis and the individual met at about 3:30 p.m., and Agniadis gave the individual a small amount of heroin. The individual was not in contact with his family or anyone else after that time and his phone reflects only unanswered calls and incoming texts from that time forward. The individual was found dead on January 5, 2015. The Medical Examiner determined that the victim died of heroin intoxication.
As part of the investigation, in early January 2015, heroin was purchased from Agniadis. On January 14, 2015, a search warrant was executed at Agniadis’ residence and law enforcement recovered 14 individually wrapped glassine bags containing heroin, and additional bags with heroin residue.
United States Attorney Rod J. Rosenstein commended the DEA and the Carroll County Drug Task Force comprised of the Maryland State Police, Westminster Police Department, Carroll County Sheriff’s Office and Carroll County State’s Attorney’s Office, for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Andrea L. Smith, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Virginia Man Found Guilty of First-Degree Murder While Armed in 1984 Slaying of Woman in Southeast WashingtonRead the Press Release
WASHINGTON – Joe Anthony Barber, 58, formerly of Woodbridge, Va., was found guilty today of first-degree murder while armed for the 1984 slaying of a woman at her apartment in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Barber was found guilty by a jury following a trial in the Superior Court of the District of Columbia. The Honorable Robert E. Morin scheduled sentencing for Sept. 30, 2016. Barber faces a sentence of 20 years to life in prison for the crime.
According to the government’s evidence, on Jan. 1, 1984, the body of the victim, Rachel Cox, 43, was found at 6:30 a.m., when her daughter came home to their apartment in the 3300 block of Sixth Street SE. Ms. Cox was found on the floor, partially covered with a comforter, with her hands tied behind her back, her underwear at her feet, and 12 stab wounds to her torso, which injured her liver and heart. The victim’s daughter had last seen her mother on New Year’s Eve just before midnight.
Vaginal swabs taken from the body during the 1984 autopsy were submitted for DNA analysis in April 2013. Semen was found on the swabs and a profile was developed. Barber was identified as a suspect through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool. Barber’s profile was in the system as a result of a 1984 conviction in an unrelated rape case. Further investigation led to Barber’s arrest in November 2013, and he has been in custody since that time.
In announcing the verdict, U.S. Attorney Phillips and Chief Lanier commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Leif Hickling and Paul Howell; Paralegal Specialists Alesha Matthews Yette, Debra Joyner, Stephanie Siegerist, and Benjamin Kagan-Guthrie, Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Victim/Witness Advocates Jennifer Clark and Karen Giannakoulias, and Victim/Witness Services Coordinators Tonya Jones and Katina Adams-Washington. Finally, they commended the work of Assistant U.S. Attorney and S. Vinét Bryant, who investigated, indicted and prosecuted the matter.
U.S. Attorney's Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the fatal shooting of Darick Napper by a Metropolitan Police Department (MPD) officer on Nov. 19, 2015, at an intersection in Northeast Washington. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officer involved in the fatal shooting of Mr. Napper.
The U.S. Attorney’s Office for the District of Columbia and MPD conducted a comprehensive review of the incident, which included interviews of law enforcement and civilian witnesses and assessing photographs, DNA, diagrams, physical evidence, recorded radio communications, the autopsy report, and other evidence.
According to the evidence, the shooting took place on Nov. 19, 2015, at approximately 1:52 p.m., at the intersection of Clay Terrace and 53rd Street NE. Mr. Napper walked up a hill next to a neighborhood community center, where he encountered the MPD officer, who was sitting in her cruiser finishing some paperwork before the end of her shift. Mr. Napper leaned down and put his face near the officer’s partially opened driver’s side window. He had a large knife raised up and visible in his hand. The officer immediately reported to the dispatcher that she had a “man standing in front of me with a knife” and told the dispatcher to send back-up.
The officer then slowly reversed her cruiser to put space between her and Mr. Napper, and then got out and stood behind her open door. At that point, the officer did not have her weapon out. She repeatedly ordered Mr. Napper to “drop the knife, drop the knife,” which was heard over the radio by responding officers. Mr. Napper ignored her commands and started banging on the hood of the cruiser, damaging the vehicle. The officer took out her weapon and again told Mr. Napper to drop the knife. He replied, “I will kill you out here,” and moved quickly towards her. The officer fired one shot that fatally wounded Mr. Napper in the upper left chest area.
In addition to the knife, which had a nine-inch blade, at the time of the confrontation with the officer, Mr. Napper was wearing a camouflaged “brass knuckles knife” – which is brass knuckles with serrated knives over each knuckle – in his left hand.
Moments before the shooting, multiple civilian witnesses reported seeing Mr. Napper threatening several civilians outside the community center. Mr. Napper had both the “brass knuckles knife” and the large knife, described by one witness as a “butcher knife.” As one of the civilian witnesses called 911, Mr. Napper approached the MPD officer’s vehicle.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer used excessive force under the circumstances.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
U.S. Attorney Statement on Assault on Five-year old in Twin Falls and Law Enforcement ResponseRead the Press Release
BOISE – The United States Attorney’s Office extends its support to the five-year-old victim of assault, and her family, at the Fawnbrook Apartments in Twin Falls. The United States Attorney’s Office further encourages community members in Twin Falls and throughout Idaho to remain calm and supportive, to pay close attention to the facts that have been released by law enforcement and the prosecuting attorney, and to avoid spreading false rumors and inaccuracies.
"Grant Loebs is an experienced prosecutor, and Chief Craig Kingsbury is an experienced law enforcement officer. They are moving fairly and thoughtfully in this case,” said Wendy J. Olson, U.S. Attorney for Idaho. “As Mr. Loebs and Chief Kingsbury informed the public, the subjects in this case are juveniles, ages 14, 10 and 7. The criminal justice system, whether at the state or federal level, requires that juveniles be afforded a specific process with significant restrictions on the information that can be released. The fact that the subjects are juveniles in no way lessens the harm to or impact on the victim and her family. The spread of false information or inflammatory or threatening statements about the perpetrators or the crime itself reduces public safety and may violate federal law. We have seen time and again that the spread of falsehoods about refugees divides our communities. I urge all citizens and residents to allow Mr. Loebs and Chief Kingsbury and their teams to do their jobs.”
U.S. Attorney Phillips to Host Sixth Annual Youth Summit at Friendship Collegiate Academy in Northeast WashingtonRead the Press Release
WASHINGTON – U.S. Attorney Channing D. Phillips, the U.S. Attorney’s Office for the District of Columbia, the Project Safe Neighborhoods Task Force, and a wide variety of law enforcement and community partners are coming together again this year to sponsor their sixth annual “Breaking the Silence on Youth Violence” Youth Summit.
The event is Thursday, June 30, 2016, at Friendship Collegiate Academy.
The sixth annual summit will focus on youth making better decisions to achieve success, youth’s role in preventing violent crime, and the need to cooperate with law enforcement to solve violent crime. The event will feature dynamic speakers, entertainment, and valuable information and resources for our youth.
Youths from throughout the District of Columbia are invited to the free program, which will start with the doors opening at 10 a.m. and run to 3 p.m. Friendship Collegiate Academy, 4095 Minnesota Avenue NE, is conveniently located directly across the street from the Minnesota Avenue Metro station in order to provide accessibility for students to attend.
The summit is one of the largest events sponsored by the U.S. Attorney’s Office each year, and each year has drawn hundreds of youths from throughout the city. The program assembles young people from under-served neighborhoods in the District of Columbia to discuss the most pressing public safety challenges facing their communities. The goal of the program is to reach out to area youth on current public safety topics in an informative and inspiring way.
This year, a key topic will be awareness and prevention of human trafficking. Tina Frundt, a human trafficking survivor and founder of Courtney House, will to speak to teens about the dangers of being lured and manipulated into the nationally growing travesty of human trafficking. Younger children will learn about gun safety and gang prevention. The summit will also include an information fair in which more than 20 non-profit organizations will provide information on youth development programs, mentoring, and education activities.
Numerous partners will be coming together to present the day’s programs, including the U.S. Attorney’s Office for the District of Columbia; Friendship Collegiate Academy; the Metropolitan Police Department (MPD); the Mayor Barry Youth Leadership Institute; the District of Columbia Office of the Attorney General; Hillcrest Children and Family Center; Collaborative Solutions for Communities; East of the River Family Support Collaborative; the District of Columbia Department of Parks and Recreation; the D.C. Project Safe Neighborhood Task Force; Project Shine, and National Center for Missing and Exploited Children The effort is supported by Project Safe Neighborhoods, a Department of Justice initiative aimed at reducing gun and gang crimes. Those with questions or interest in bringing a youth group to the Youth Summit may contact External Affairs Specialist Melanie Howard at the U.S. Attorney’s Office at (202)-252-6930 or [email protected].
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Two Florida Men Plead Guilty to Multi-State Biodiesel Fraud SchemeRead the Press Release
Thomas Davanzo, of Estero, Florida, and Robert Fedyna, of Naples, Florida, pleaded guilty today for their participation in a multi-state scheme to defraud biodiesel buyers and U.S. taxpayers by fraudulently selling biodiesel credits and fraudulently claiming tax credits, announced Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney A. Lee Bentley III of the Middle District of Florida.
Davanzo and Fedyna operated several shell companies that were used to facilitate the scheme. As part of the scheme, Davanzo and Fedyna operated entities that purported to purchase renewable fuel, on which credits had been claimed and which was ineligible for additional credits, produced by their co-conspirators at Gen-X Energy Group (Gen-X), headquartered in Pasco, Washington, and its subsidiary, Southern Resources and Commodities (SRC), located in Dublin, Georgia. They then used a series of false transactions to transform the fuel back into feedstock needed for the production of renewable fuel, and sold it back to Gen-X or SRC, allowing credits to be claimed again. This cycle was repeated multiple times.
In addition, both Davanzo and Fedyna laundered the proceeds of the scheme through various shell entities. Davanzo and Fedyna established bank accounts in the names of shell entities. Funds were cycled through these shell companies’ bank accounts to perpetuate the fraud scheme and conceal its proceeds.
Davanzo and Fedyna also directed and participated in the generation of false paperwork designed to create the façade that the renewable identification number (or RIN, a serial number used to track biodiesel credits) created and claimed by co-conspirators were legitimate. The paperwork included false invoices from Gen-X or SRC to shell entities, which purported to show sales of renewable fuel, false invoices from shell entities to Gen-X and SRC, which purported to show the purchase of feedstock and false bills of lading, which purported to show the transportation of fuel and feedstock by tanker truck.
From March 2013 to March 2014, the co-conspirators generated at least 60 million RINs that were based on fuel that was either never produced or was merely re-processed at the Gen-X or SRC facilities. The co-conspirators received at least $42 million from the sale of these fraudulent RINs to third parties. In addition, Gen-X received approximately $4,360,724.50 in false tax credits for this fuel.
This case was investigated by the U.S. Secret Service, the Environmental Protection Agency -Criminal Investigation Division, and the Internal Revenue Service-Criminal Investigation. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Megan Kistler and Trial Attorney Adam Cullman of the Environment and Natural Resources Division of the Department of Justice.
Twice-Removed Alien Sentenced to Time Served for Re-entering U.S. after DeportationRead the Press Release
PITTSBURGH – Following a plea of guilty, a citizen of Mexico was sentenced in federal court to time-served on his conviction of Re-Entry into the United States after Deportation, United States Attorney David J. Hickton announced today.
United States District Judge Terrence F. McVerry imposed the sentence on Miguel Ramirez-Ramos, 38.
According to information presented to the court, Ramirez-Ramos was formally removed from the United States by United States Immigration and Customs Enforcement on Sept. 28, 2010 and Dec. 18, 2012. Ramirez-Ramos was found to be illegally present in Moon Township, Pennsylvania, on March 1, 2016.
Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the U.S. Immigration and Custom Enforcement for the investigation leading to the successful prosecution of Ramirez-Ramos.
Twelfth Defendant Sentenced for Role in Methamphetamine Distribution ConspiracyRead the Press Release
WICHITA FALLS, Texas — Kimberly Paulk Shaffer, 44, of Dallas, Texas, was sentenced Monday by U.S. District Judge Reed C. O’Connor to 168 months in federal prison, following her guilty plea in February 2016 to one count of conspiracy to distribute a schedule II controlled substance, announced U.S. Attorney John Parker of the Northern District of Texas.
To date, eleven co-conspirators from Wichita Falls and Dallas were sentenced to the following federal prison sentences:
Mark Anthony Peysen, 54, 180 months
Tamara Ann Beasley, 43, 51 months
Clinton Ray Durham, 47, 63 months
John Monroe Drullinger, Jr., 53, 155 months
Chad Edward Fluharty, 36, 110 months
Juan Anthony Gabaldon, 31, 168 months
Vincent Mark Hinson, 36, 151 months
Curtis Lisle Shawver, 28, 168 months
James Anthony Streadwick, 54, 292 months
Michael David Thompson, 50, 168 months
Cody Shane Walsh, 30, 240 monthsEach pleaded guilty to one count of conspiracy to possess with intent to distribute five grams or more of methamphetamine, a Schedule II controlled substance. A total of 13 were charged in the conspiracy. The remaining defendant, William Muyleart, is scheduled for sentencing in October 2016.
According to documents filed in the case, from approximately March 2014 to August 12, 2015, these defendants conspired together, and with others, to possess with intent to distribute and distribute five grams or more of methamphetamine. They arranged to acquire the methamphetamine and used residences and other locations in the Northern District of Texas to package and distribute it to customers. They delivered and distributed, and coordinated the delivery and distribution of, quantities of methamphetamine. They also acted as intermediaries and brokers to negotiate the acquisition, price, sale and delivery of the methamphetamine, as well as the collection of payment for the methamphetamine.
The Wichita County District Attorney’s Office, the Wichita Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mary Walters was in charge of the prosecution.
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Texas Women Arrested on Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Two Texas residents made their initial appearances this morning in federal court in Las Cruces, N.M., on narcotics trafficking charges arising out of a U.S. Border Patrol seizure of more than five pounds of heroin on June 22, 2016, announced U.S. Attorney Damon P. Martinez, Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector, and Special Agent in Charge Will R. Glaspy of El Paso Division of the DEA.
Elizabeth Ordonez-Ochoa, 36, and Olivia Ceniceros-Favela, 32, both of El Paso, Texas, were arrested on June 22, 2016, after U.S. Border Patrol Agents at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces allegedly seized approximately 5.05 pounds of heroin from the vehicle in which Ordonez-Ochoa was traveling. According to the criminal complaint, part of the heroin allegedly was concealed in a pair of shoes worn by Ordonez-Ochoa. The rest allegedly was concealed in a second pair of shoes that were under the driver’s seat. Agents later arrested Ceniceros-Favela when she allegedly attempted to pick up Ordonez-Ochoa in the vicinity of a Walmart store in Las Cruces.
Both women remain in federal custody pending preliminary hearings and detention hearings, which have yet to be scheduled. If convicted of the charges in the criminal complaint, the two women each face a statutory mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces Station of the U.S. Border Patrol and the El Paso office of the DEA. Assistant U.S. Attorney Clara N. Cobos of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
St. Francis Man Found Not Guilty of Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man was acquitted of Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child as a result of a federal jury trial in Pierre, South Dakota, beginning June 21, 2016 and concluding on June 23, 2016.
James Wade Henry, Sr., age 40, was indicted by a federal grand jury on October 14, 2015.
The charges stemmed from an alleged incident that occurred in September 2014.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.
Southampton Town Councilman Sentenced to 24 Months in Prison for Conspiring to Illegally Distribute OxycodoneRead the Press Release
Earlier today in Central Islip, NY, Bradley Bender, former Southampton Town Councilman, was sentenced to 24 months’ imprisonment, three years supervised release and $5,000 forfeiture, following his guilty plea on November 24, 2015, to conspiring to illegally distribute oxycodone. The sentencing proceedings were held before U.S. District Judge Arthur D. Spatt.
The sentence was announced by Robert L. Capers, United States Attorney for the Eastern District of New York.
In announcing the sentence, United States Attorney Robert L. Capers stated, “Today’s sentence is a reminder to all those entrusted to represent the interests of the public that they will be held accountable if they engage in criminal activity and violate that trust.” Mr. Capers expressed his grateful appreciation to the DEA’s Long Island Tactical Diversion Squad, which led the government’s investigation in this case.
According to court filings and statements made in court at the time he entered the guilty plea, between July 2012 and June 2015, Bender received phony prescriptions for oxycodone from a Riverhead physician assistant, Michael Troyan. Bender filled those prescriptions and illegally exchanged the oxycodone pills for cash and steroids with another co-conspirator. The oxycodone pills were then re-sold to drug abusers.
Troyan was arrested on November 4, 2015, and pleaded guilty last Friday, June 17, 2016, before United States District Judge Denis R. Hurley, to conspiring to illegally distribute oxycodone. Troyan is scheduled to be sentenced on Septembeer 30, 2016.
Bender’s resignation as a Councilman was accepted by the Southampton Town Board on the day of his guilty plea.
This case is part of a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Prevention has called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 19 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, health clinic, and pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case was prosecuted by Assistant United States Attorney Allen L. Bode.
The Defendant:
Name: BRADLEY BENDER
Age: 55
Residence: Northampton, New YorkE.D.N.Y. Docket No. 15-CR-593(ADS)
South Dallas DTO Member Sentenced to 24 Years in Federal Prison on Kidnapping ChargeRead the Press Release
DALLAS — Rodney Wynn, 36, of Pleasant Grove, South Dallas, was sentenced Thursday by U.S. District Judge Jane J. Boyle to 24 years in federal prison following his guilty plea in February 2016 to one count of kidnapping, announced U.S. Attorney John Parker of the Northern District of Texas.
A federal grand jury indicted Wynn and ten others in November 2014 on various conspiracy, drug trafficking, kidnapping, firearm, witness intimidation/tampering, and records destruction charges stemming from their involvement in a violent drug trafficking organization (DTO) that operated out of both the Pleasant Grove area of South Dallas and the Dallas County Jail. All eleven defendants have been convicted, and all have been sentenced.
Wynn admitted to involvement in a brutal kidnapping in which Wynn and co-conspirators carjacked and kidnapped a victim in broad daylight at a gas station on Stemmons Freeway in Dallas. The victim was run over twice, taken by force and at gunpoint, carried to another location where he was then beaten and tortured, as Wynn and his co-conspirators sought to locate drug money they believed the victim had stolen. Several surveillance cameras recorded the kidnapping.
Following the offense, Wynn was placed on the Texas 10 Most Wanted Fugitive List on September 12, 2014 and was taken into custody on June 12, 2015.
The Texas Department of Public Safety (DPS), the Drug Enforcement Administration, the FBI and the Dallas Police Department led the investigation.
Deputy Criminal Chief Assistant U.S. Attorney Rick Calvert and Assistant U.S. Attorneys Errin Martin and P. J. Meitl prosecuted the case.
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Shreveport man pleads guilty to firearm, drug chargesRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Shreveport man pleaded guilty Thursday to possessing a pistol and cocaine.
Carlos Tramell Russell, 30, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of possession of a firearm and ammunition by a convicted felon and one count of possession of a firearm in furtherance of a drug trafficking offense. According to the guilty plea, Shreveport Police responded to a domestic dispute call on July 8, 2015. Russell was reported to have been seen with a firearm during an incident at a Shreveport residence. Officers then searched Russell’s home and found a Romarm pistol, model Micro Draco, 7.62 by 39 mm and ammunition in his home. They also found three bags of cocaine. Russell had prior felony convictions in 2005 and 2010.
Russell faces up to 10 years in prison for the firearm count and five years to life for the drug count. He also faces up to five years of supervised release and a $250,000 fine. A sentencing date of September 13, 2016 was set.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. is prosecuting the case.
Sexual Predator Used Facebook to Coerce and Exploit Underage GirlsRead the Press Release
NEWPORT NEWS, Va. – Dylan Allen Jeffries, 26, of Clifton Forge, was sentenced today to 120 months in prison for coercion or enticement of a minor. Jeffries was also sentenced to 10 years of supervised release and ordered to register as a sex offender upon release from prison.
“Jeffries’ predatory behavior, targeted at multiple underage and vulnerable girls is very serious and certainly deserving of this punishment,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “Every minor is a potential target of online sexual predators. Parents must do everything they can to protect their children, and we must continue to punish adults who attempt to sexually exploit them.”
Jeffries pleaded guilty on February 8. According to court documents, Jeffries used Facebook and text messages to graphically describe proposed sexual encounters with at least two victims: Jane Doe 1, who was 12 years old at the time he proposed sexual encounters and requested pornographic images of her; and Jane Doe 2, who was 13 years old. Further, when agents searched Jeffries’ bedroom, they recovered an external hard drive with images and videos of other underage girls dating back to 2010, and Jeffries stated he had received the majority of the images in the same way that he had received and attempted to receive images from Jane Doe 1—directly from the girls depicted via private Facebook and email messages.
Jeffries acknowledged that the girls depicted on the external hard drive were minors at the time the images and videos were created, and forensic examination of the external hard drive identified 22 images and three videos depicting child pornography.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Office, made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys Kaitlin C. Gratton and Lisa R. McKeel prosecuted 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-83.
Serial Fraudster Sentenced to 10 Years in Federal PrisonRead the Press Release
Baltimore, Maryland –. U.S. District Judge Ellen L. Hollander sentenced Monika Michelle Hill, age 36, of Baltimore and Cockeysville, Maryland, to 10 years in prison, followed by five years of supervised release, for two separate fraud schemes, including conspiracy to commit bank fraud and wire fraud, and aggravated identity theft. Judge Hollander also ordered Hill to pay restitution of $199,318 for the 2015 bank fraud case, and restitution of $105,899.16 in the 2013 wire fraud case.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Brian Murphy of the United States Secret Service - Baltimore Field Office; and Chief James W. Johnson of the Baltimore County Police Department.
According to her plea agreement, between March 2013 and July 2014, Hill, was the leader of a scheme in which the defendants deposited counterfeit checks, drawn on the accounts of identity theft victims, into bank accounts opened by the defendants in the name of shell companies. The defendants then withdrew the funds before the fraud could be detected. Hill conspired with co-defendants Alysia Rascoe, Vance McKoy, Mark Peeples, Dorian Griffin and others to open 22 business bank accounts online, using the personal identifying information of identity theft victims. The bank accounts were funded using forged checks bearing the bank account numbers and forged signatures of other identity theft victims.
For example, Grant U Pleasure, LLC and Kersey’s Recovery, LLC were registered with the State of Maryland Department of Labor, Licensing and Regulation as businesses on March 12, 2014 and May 19, 2014, respectively. The businesses each listed an identity theft victim as the managing member/owner, and used that person’s social security number and date of birth to open online bank accounts for the business. The bank accounts listed the identity theft victim as the sole authorized signer on the account.
Beginning on March 25, 2014, 31 counterfeit checks totaling $51,490 were deposited into three business banks accounts opened online in the name of Grant U Pleasure. A total of $52,433 was drawn out of those accounts by checks being cashed against funds in the accounts. All of the deposited counterfeit checks were from an account belonging to identity theft victims. Hill deposited three of the counterfeit checks and Peeples deposited four counterfeit checks into the Grant U Pleasure bank accounts, each bearing the forged signature of a victim account owner. Once the counterfeit checks were deposited, Hill provided checks to Griffin, Rascoe, Peeples, and others from the Grant U Pleasure accounts. The checks were made out to them in amounts ranging from $1,500 to $1,800, and bore the forged signature of the purported managing member/owner of Grant U Pleasure. Griffin, Rascoe and Peeples cashed the checks, providing their driver’s licenses, fingerprints and signatures. They typically kept about $200 of the proceeds for themselves and provided the rest to Hill and others.
Similarly, between June 3 and 5, 2014, eight counterfeit checks totaling $13,810 were deposited into the Kersey’s Recovery bank accounts. Hill deposited four counterfeit checks, including on June 4, 2014, immediately after entering her guilty plea in a separate federal fraud case, and while she was on pretrial release. Hill then provided McKoy and others checks from the Kersey’s Recovery accounts that were made out to them in amounts ranging from $1,200 to $1,400, and bore the forged signature of the purported managing member/owner of Kersey’s Recovery. After cashing the checks, McKoy and others received between $150 and $400, and provided the balance to Hill.
The loss to the bank as a result of the scheme was $179,808.76, the amount actually withdrawn. The intended loss was $233,190.02, the total amount of the counterfeit checks deposited.
Mark Darnell Peeples, age 31, of Baltimore, pleaded guilty to conspiracy to commit bank fraud and to aggravated identity theft; Alysia Samon Rascoe, age 26, of Baltimore pleaded guilty to two counts of conspiracy to commit bank fraud and to aggravated identity theft; Christopher Vance McKoy, age 24, of Baltimore, pleaded guilty to two counts of conspiracy to commit bank fraud; and Dorian Maurice Griffin, age 20, of Baltimore, pleaded guilty to conspiracy to commit bank fraud and to aggravated identity theft. U.S. District Judge Ellen L. Hollander has scheduled sentencing for McKoy on July 19, 2016 at 10:00 a.m., for Rascoe on July 20, 2016, for Peeples on August 23, 2016, both at 2:30 p.m., and for Griffin on October 21, 2016, at 10:00 a.m.
In the prior case, Hill conspired with Tavares Davon Miller, age 32, of Baltimore. According to her plea agreement in that case, from September 25 through November 1, 2012, Miller acquired the identifying information of more than 10 victims, and used that information to fabricate driver’s licenses and credit cards in the names of those victims, but using the photograph of co-conspirator Monika Hill (where applicable). Miller and Hill traveled to motorcycle dealerships and retail stores in Maryland, Delaware, Virginia and Pennsylvania, and used the fraudulent identification documents to purchase motorcycles and other merchandise, or apply for lines of credit at those stores. Miller and Hill then loaded the motorcycles and merchandise into their vehicle and returned to Maryland. Miller advertised the motorcycles and merchandise for sale over the internet, retaining the proceeds of the sales and paid Hill a fee for her services. Miller was previously sentenced to 75 months in prison and ordered to pay restitution of 105,899.66.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the U.S. Secret Service and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who prosecuted both cases.
Sacramento Resident Sentenced to over 3 Years in Prison for Bank Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — Abdul Mannan, 33, of Sacramento, was sentenced today to three years and three months in prison for bank fraud and aggravated identity theft, Acting U.S. Attorney Phillip Talbert announced. In addition, U.S. District Judge Garland E. Burrell Jr. ordered Mannan to pay $76,193 in restitution.
According to court documents, between March 5, 2014, and November 7, 2014, Mannan participated in a scheme to obtain cash, goods, and services from banks and from Sacramento Area stores. On July 1, 2015, federal agents executed a search warrant at Mannan's residence and found personal and financial information for over 25 different victims and more than 25 different credit card accounts. On March 11, 2016, Mannan pleaded guilty to the charges.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated: “We are working closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those responsible for complex identity fraud schemes and to protect postal customers’ mail and personal information from theft.”
“Identity theft schemes result in billions of dollars in losses every year in this country and cause incalculable heartache and financial harm to law-abiding consumers,” said Ryan L. Spradlin, the special agent in charge who oversees HSI’s enforcement activities throughout northern California. “We owe it to the victims of these schemes to pursue such cases aggressively, making it clear that those who brazenly enrich themselves through fraud and identity theft, as this defendant did, will be held accountable for their crimes.”
This case was the product of an investigation by the United States Postal Inspection Service and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with the assistance of the Sacramento Police Department. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Rockford Man Charged with the Robbery of Rockford Banks and a Coin and Stamp StoreRead the Press Release
ROCKFORD — A local man was indicted June 21, 2016 by a federal grand jury in Rockford, Ill. on bank robbery, robbery affecting interstate commerce and firearm charges.
DAVID J. SANDERS, 33, was charged with one count of attempted bank robbery, two counts of bank robbery, one count of robbery affecting interstate commerce, one count of using and carrying a firearm in relation to a crime of violence, and one count of possessing a firearm as a convicted felon.
The indictment alleges that on May 31, 2016, Sanders attempted to commit a robbery of the BMO Harris Bank, 2510 S. Alpine Rd., Rockford, Ill. The indictment further alleges that on May 31, 2016, Sanders robbed the BMO Harris Bank, 1480 S. Alpine Rd., Rockford, Ill and that he obtained $2,260 from bank employees during that robbery. The indictment further alleges on June 11, 2016 Sanders robbed Rockford Coin and Stamps, 4402 Center Ter., Rockford, Ill. while using and carrying a firearm during a crime of violence and that he obtained $500 and a Remington shotgun from Rockford Coin and Stamps employees during that robbery. The indictment further alleges that between June 11, 2016 and June 14, 2016, Sanders possessed a firearm as a convicted felon. The indictment further alleges that on June 14, 2016, Sanders robbed PNC Bank, 4615 E. State St., Rockford, Ill. and that he obtained $3,010 from bank employees during that robbery.
Each count of attempted bank robbery, bank robbery and robbery affecting interstate commerce carries a maximum penalty of up to 20 years in prison, up to 3 years of supervised release following imprisonment, a fine of up to $250,000, and full restitution. The charge of using and carrying a firearm in furtherance of a crime of violence carries a mandatory minimum sentence of 7 years, maximum penalty of up to life imprisonment, up to 5 years of supervised release following imprisonment, and a fine of up to $250,000. The sentence imposed for this charge must be consecutive to any other sentence imposed. The charge of possessing a firearm as a convicted felon carries a maximum penalty of 10 years, up to 3 years of supervised release, and a fine of up to $250,000. If convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Sanders has been in custody since his arrest on June 14, 2016 and pleaded not guilty during his arraignment yesterday before U.S. Magistrate Judge Iain D. Johnston. Sanders was previously ordered to be held in federal custody pending trial. Sanders is next scheduled to appear before U.S. Magistrate Judge Johnson for a status hearing on Aug. 16, 2016 at 11:00 a.m.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation; and Dan O’Shea, Chief of the Rockford Police Department. The investigation was conducted under the auspices of the FBI Safe Streets Task Force, which includes representatives from the FBI, ATF, Loves Park Police Department, Winnebago County Sheriff’s Department, and Rockford Police Department.
The government is represented by Assistant U.S. Attorney Joseph C. Pedersen.
Ringleader Sentenced to 10 Years for Oxycodone ConspiracyRead the Press Release
ALEXANDRIA, Va. – William Delonta Granberry, 37, of Hughesville, Maryland, was sentenced today to 120 months in prison for conspiracy to distribute oxycodone, to be followed by three-year term of supervised release.
Granberry pleaded guilty on February 10. According to a statement of facts filed with the plea agreement, Granberry acknowledged that beginning in or around 2010, and continuing until December 2015, he fabricated prescriptions of oxycodone utilizing legitimate prescription paper delivered to his residence. He also admitted to fabricating the prescribing information of legitimate physicians obtained from the website DEANumber.com, and using primarily fictitious patient names. Granberry then recruited a network of co-conspirators who used individuals called “runners” to fill these fraudulent prescriptions at various pharmacies. After acquiring the fraudulently obtained oxycodone from his co-conspirators, Granberry distributed the oxycodone to other individuals for a high profit. Since 2008, the criminal organization has fraudulently obtained approximately 130,000 oxycodone pills. Eight other defendants have pleaded guilty and been sentenced as part of the investigation to date.
Five other defendants are awaiting sentencing: Sheila Coleman will be sentenced July 8; Dmitri Walls-White on July 22; Andre Granberry on August 12; James Powell on September 9, and; Roxanne Granberry on September 16.
This sentencing is the product of a multi-year, multi-jurisdictional, and multi-agency Organized Crime Drug Enforcement Task Force (OCDETF) investigation designated “Operation Circuit Breaker.” Operation Circuit Breaker focuses upon the illegal procurement and sale of prescription pain medication across the mid-Atlantic region.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Washington Field Division; and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Special Assistant U.S. Attorneys Paul A. Hayden and Anna G. Kaminska, as well as Assistant U.S. Attorney Gene Rossi are prosecuting the case.
The U.S. Attorney thanked the Department of Defense–Office of the Inspector General, Loudoun County Sheriff’s Office, Charles County Sheriff’s Office, Calvert County Sheriff’s Office, Washington, D.C. Metropolitan Police Department, Virginia State Police, and the Pennsylvania Attorney General’s Office for their assistance in this matter.
This case is part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Circuit Breaker, which focuses on the illegal procurement and sale of prescription pain medication across the mid-Atlantic region. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-284, 1:14-cr-340, 1:14-cr-389, 1:15-cr-29, 1:16-cr-16, 1:16-cr-26, and 1:16-cr-28.
Providence Man Pleads Guilty to Operating Large-Scale Indoor Marijuana GrowsRead the Press Release
PROVIDENCE, R.I. – Richard A. Yang, 36, of Providence, pleaded guilty in federal court in Providence today to participating in conspiracies to operate large-scale marijuana grow facilities inside a converted Providence mill building. Yang is one of eight individuals charged in February 2016 by way of a federal superseding indictment for participating in conspiracies to operate marijuana grow facilities inside the former mill building.
Yang’s guilty plea is announced by United States Attorney Peter F. Neronha, Harold H. Shaw, Special Agent in Charge of the Boston Field Office of the FBI, Michael Ferguson, Special Agent in Charge of DEA’s New England Field Division, Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police, and Providence Police Chief Colonel Hugh T. Clements, Jr.
On August 13, 2015, FBI agents, assisted by DEA agents, Rhode Island State Police and Providence Police, executed nine federal court authorized search warrants in and around 725 Branch Avenue. Approximately 1,400 marijuana plants in various stages of growth were discovered inside numerous otherwise vacant apartments and offices. A tenth federal search warrant was executed at a Providence residence at 60 Valley Street in Providence where law enforcement seized approximately 100 marijuana plants in various stages of growth.
Appearing before U.S. District Court Chief Judge William E. Smith, Yang admitted to the court that between December 2012 and August 2015, he conspired with others to operate large-scale marijuana grow facilities inside two rooms of the Branch Avenue building. Law enforcement seized 884 marijuana plants in various stage of growth and 35 kilograms of harvested marijuana from Yang’s operations.
Yang pleaded guilty to conspiracy to manufacture over 100 marijuana plants and manufacture of over 100 marijuana plants. He faces statutory penalties of between 5 years and 40 years imprisonment when he is sentenced on September 23, 2016, by U.S. District Court Chief Judge William E. Smith. Yang is also required to forfeit $20,000 to the government prior to imposition of sentence.
Additionally, during a search of the building at 725 Branch Avenue, law enforcement seized a .22 caliber firearm from an area occupied by the owner of the building, William L. Ricci, 69. Appearing before U.S. District Court Chief Judge William E. Smith on March 11, 2016, Ricci pleaded guilty to manufacturing and storing marijuana, and being a felon in possession of a firearm. Ricci is scheduled to be sentenced on October 11, 2016.
The cases in this matter are being prosecuted by Assistant U.S. Attorney William J. Ferland.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Philippines National Charged in Scheme to Steal Identities of High-Profile Victims and Engage in Credit Card and Bank FraudRead the Press Release
NEWARK, N.J. – A resident of the Philippines has been charged in connection with a large-scale and sophisticated identity theft scheme targeting high-profile victims, U.S. Attorney Paul J. Fishman announced today.
Peter Locsin, 35, of Talisay City, Philippines, was indicted by a federal grand jury on one count of bank fraud conspiracy and two counts of aggravated identity theft. The indictment was returned May 10, 2016, and unsealed today. The case is assigned to U.S. District Judge John M. Vasquez.
According to documents filed in this case:
Locsin allegedly conspired with others to defraud banks and credit card companies by compromising accounts held at those institutions by certain individuals, usually well-known or celebrity account-holders. Locsin and others first compromised personal identifying information (PII) – including names, dates of birth, Social Security numbers, address history, and work history. Locsin and his conspirators fraudulently accessed the individual accounts through websites or other online means, as well as through telephone calls.
Locsin and his conspirators used those accounts to make, or attempt to make, wire transfers of funds, order merchandise, order emergency replacement cards, add supplemental cardholders to accounts, or change addresses related to those accounts – none of which was authorized by the account-holders.
The count of bank fraud conspiracy carries a maximum potential penalty of 30 years in prison, and the counts of aggravated identity theft each carry a maximum potential penalty of two years in prison.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Zach Intrater, Deputy Chief of the of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Parmelee Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.
Darius Whipple, Sr., age 24, was sentenced to 30 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Whipple was indicted for two counts of Assault With a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury by a federal grand jury on February 4, 2016. He pled guilty to Assault Resulting in Serious Bodily Injury on March 28, 2016.
On the morning of August 28, 2015, Whipple’s ex-girlfriend, the victim, was visiting a friend’s apartment in Mission, when Whipple came to the door and would not leave. The victim’s friend informed the victim she needed to leave. The victim left the apartment and started running away from Whipple. Whipple chased the victim and began assaulting her in the middle of the road, by punching her in the face and head until she fell to the ground unconscious. Whipple then fled the area on foot. The victim had to be transported by ambulance to the hospital and was subsequently treated for a broken jaw, requiring her jaw to be wired shut for at least six weeks.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Whipple was immediately turned over to the custody of the U.S. Marshals Service.
Orlando Pharmacist Sentenced to More Than 24 Years for Illegally Dispensing OxycodoneRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron has sentenced Valentine Okonkwo (54, Orlando) to 24 years and 4 months in federal prison for conspiracy to distribute and dispense oxycodone outside the usual course of professional practice and without a legitimate medical purpose and for dispensing and distributing oxycodone outside the usual course of professional practice and without a legitimate medical purpose. A federal jury found him guilty in March 2016.
According to evidence presented at trial, Okonkwo, a licensed pharmacist, dispensed more than 500,000 oxycodone pills during the timeframe of the conspiracy and collected over $1.3 million from illegal oxycodone sales. Okonkwo accepted fraudulent prescriptions from patients who had traveled long distances, and in groups, to get their oxycodone from his pharmacy, known as Avalon Park Pharmacy. The patients paid a premium, in cash, for the pain pills because they had fraudulent prescriptions and prescriptions from pill mill doctors. Avalon Park Pharmacy led the surrounding area in oxycodone distribution, including all of the major retail pharmacies. Many of the oxycodone pills were purchased by drug addicts and drug dealers who then sold the pills for up to $15 apiece on the streets. Okonkwo also had sex with several customers who had used fraudulent prescriptions at his pharmacy.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys James D. Mandolfo and Nathan W. Hill.
Officials Take Down Drug Trafficking Organization that Used Internal Body Carriers to Smuggle Drugs into the United StatesRead the Press Release
Assistant U.S. Attorney Stephen H. Wong (619) 546-9464
NEWS RELEASE SUMMARY – June 24, 2016
EL CENTRO – Eleven people have been charged with drug-trafficking and gun crimes in two indictments unsealed late yesterday. The drug trafficking organization used internal body carriers to smuggle drugs through the Calexico, California Ports of Entry into the United States and on to El Centro, San Diego, and Los Angeles.
Following an eleven-month investigation that concluded yesterday afternoon, all 11 defendants were in custody and seven firearms were taken off the streets. A coalition of federal agencies also conducted searches at six locations – including sites in Brawley and Calipatria, California. Many of these locations are homes where drugs and guns were stored and sold.
The two indictments describe two separate but overlapping conspiracies. According to indictments and other court documents, most defendants were drug traffickers selling methamphetamine, heroin, and PCP. Some were felons in possession of firearms and had ties to criminal street gangs.
“We are absolutely committed to making Imperial Valley neighborhoods safe from drug traffickers,” said U.S. Attorney Laura Duffy. “This operation successfully removed guns and drugs from the streets and intercepted hard-to-get smugglers who use the insides of their bodies as vessels for dangerous contraband.”
“HSI is committed to working jointly with its law enforcement partners to pursue and dismantle drug smuggling networks that distribute narcotics on the streets and spread violence in our communities,” said Dave Shaw, special agent in charge for ICE Homeland Security Investigations in San Diego. “This investigation uncovered a gang-affiliated drug smuggling ring extending from Mexicali to the Imperial and Riverside counties. I commend the outstanding work by HSI and our law enforcement partners at the U.S. Border Patrol’s El Centro Sector for the joint effort during the enforcement operation.”
DEFENDANTS Criminal Case No: 16-CR-01283-MMA
Name
Age
Hometown
Emanuel Nunez,
aka “Meno”
35
El Centro, CA
Monica Aguirre
36
El Centro, CA
Jose Juan Valles,
aka “Nacho”
aka “Freddy”
49
El Centro, CA
David Valencia,
aka “Woody”
43
National City, CA
Raymond Ferrel,
aka “Mochis”
52
Brawley, CA
Edward Lucero,
aka “Gato”
36
Calexico, CA
Blanca Aguirre
37
El Centro, CA
Rayshan Thomas,
aka “Bones”
44
Brawley, CA
SUMMARY OF CHARGES
Conspiracy to Import Controlled Substances (Title 21, U.S.C., Secs. 952, 960, 963); Conspiracy to Distribute Methamphetamine (Title 21, U.S.C., Secs. 841(a)(1) and 846); Conspiracy to Distribute Heroin (Title 21, U.S.C., Secs. 841(a)(1) and 846); Felon in Possession of a Firearm (Title 18, U.S.C., Sec 922(g)(1)). Carrying a Firearm During and in Relation to a Drug Trafficking Crime (Title 18, U.S.C., Sec 924(c))
Maximum Penalties: Life in prison with a mandatory minimum sentence of 10 years and a 10 million dollar fine.
DEFENDANTS Criminal Case No: 16-CR-01284-MMA
Name
Age
Hometown
Rayshan Thomas,
aka “Bones”
44
Brawley, CA
Melinda White
49
El Cajon, CA
Devernie Ford
Aka “Dolla”
56
Calipatria, CA
Damian Partida
31
Brawley, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine (Title 21, U.S.C., Secs. 841(a)(1) and 846); Conspiracy to Distribute Phencyclidine ((PCP) (Title 21, U.S.C., Secs. 841(a)(1) and 846); Felon in Possession of a Firearm (Title 18, U.S.C., Sec 922(g)(1))
Maximum Penalties: Life in prison with a mandatory minimum sentence of 5 years and a 10 million dollar fine.
AGENCIES
Homeland Security Investigations
Brawley Police Department
Customs and Border Protection
United States Border Patrol
Bureau of Alcohol, Tobacco, Firearms and Explosives
United States Marshal Service
El Cajon Police Department
California Highway Patrol
El Centro Police Department
Fontana Police Department
Imperial County Narcotics Task Force
*An indictment or complaint itself is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
North Carolina man pleads guilty to possession of child pornographyRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced that a North Carolina man pleaded guilty Thursday to possessing a sexually explicit image of a Lafayette minor.
Eric Teague, 47, of Granite Falls, N.C., pleaded guilty before U.S. District Judge Patricia Minaldi to one count of possession of child pornography. According to the guilty plea, Teague contacted a minor in the Lafayette area through a social media site online. The defendant received a sexually explicit image from the minor in January of 2015 and was later found in possession of the image.
Teague faces up to 10 years in prison, five years to life of supervised release and a $250,000 fine. He is also required to register as a sex offender. A sentencing date of September 21, 2016 was set.
Homeland Security Investigations investigated the case. Assistant U.S. Attorney Jamilla A. Bynog is prosecuting the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.
The U.S. Attorney’s Office and the U.S. Department of Homeland Security/Homeland Security Investigations/Immigration & Customs Enforcement (ICE) encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) DHS-2ICE. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online at www.ice.gov/exec/forms/hsi-tips/tips.asp. Tips may be submitted anonymously.
Nebraska City Sentenced for Production and Transportation of Obscene MaterialsRead the Press Release
United States Attorney Deborah R. Gilg announced that Joseph Buttercase, 34, formerly of Nebraska City, Nebraska, was sentenced today in Omaha, Nebraska, to 3 years in prison by United States Senior District Judge Joseph F. Bataillon, for production and transportation of obscene material. Buttercase has already been incarcerated in the Nebraska State Penitentiary serving a 26-41 year state sentence and this new sentence will run consecutively to that. After his release from prison Buttercase will serve a year on supervised release and be required to continue to register as a sex offender based upon this and previous convictions.
Between October, 2003 to November, 2004, Buttercase produced 5 videos and approximately 900 images of obscene material, specifically sexually explicit conduct, with the intent to transport the material in interstate commerce, and for the purpose of distributing those images. Buttercase was arrested in Beatrice, Nebraska in July of 2011 and his computer was seized during the course of that investigation. Buttercase admitted he knew the content of the videos and images he produced was obscene material.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska Attorney Generals Office.
Mexican National Sentenced to More Than 15 Years on Money Laundering and Drug Trafficking ChargesRead the Press Release
Tampa, Florida – United States District Judge Elizabeth A. Kovachevich today sentenced Edgar Yanez-Gutierrez (32, Nayarit, Mexico) to 15 years and 8 months in federal prison for conspiring to commit money laundering and conspiring to distribute cocaine, methamphetamine, and marijuana. He pleaded guilty on February 24, 2016.
According to the court documents, Yanez-Gutierrez was part of a large-scale drug trafficking organization (DTO) that shipped cocaine, methamphetamine, and marijuana from California to drug distribution and money laundering cells throughout the United States, including Florida, Ohio, North Carolina, Nevada, New Jersey, New York, Alabama, and Arkansas. Yanez-Gutierrez fled from California to Mexico in 2011, but was later arrested and extradited to the United States in December 2015. To date, 27 others have been prosecuted in the Middle District of Florida for their roles in this DTO.
“This sentencing is another step toward the total dismantling of a dangerous transnational drug trafficking operation, further emphasizing that criminals cannot hide behind international borders and escape justice.” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI will continue to work with our international law enforcement partners to make our country and communities safer.”
The case was prosecuted by Assistant United States Attorney Christopher F. Murray. It was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from other federal, state, and local agencies as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. 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. The Office of International Affairs, Department of Justice, assisted with Yanez-Gutierrez’s extradition to the United States.
Man Sentenced to 15 Years in Federal Prison for Arson, Looting, Assault and Other Mayhem During Baltimore Riots and Shooting Woman over a $20 Drug Dispute 10 Weeks LaterRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Donta Betts, age 20, of Baltimore, today to 15 years in prison, followed by five years of supervised release, for making a destructive device in connection with the April 27, 2015, riots in Baltimore and, in an unrelated case, for discharge of a firearm in furtherance of a drug trafficking crime on July 2, 2015.
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; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
“Donta Betts engaged in arson, looting, assault and other mayhem during the Baltimore riots,” said U.S. Attorney Rod J. Rosenstein. He threw rocks at the police near Mondawmin Mall; tried to destroy police cars; stole from a pharmacy, a liquor store and a shoe store; and set off a homemade bomb. Ten weeks later, he tried to murder a woman over a $20 drug dispute, then he conspired to get her to sign a false affidavit. We caught him only because police and prosecutors spent many hours reviewing video and audio recordings. It may sound like a story arc from a TV series, but it is real life in Baltimore.”
On April 27, 2015, riots and widespread looting erupted in Baltimore. Among the affected businesses, the CVS Pharmacy located at 2509 Pennsylvania Avenue in Baltimore was looted and burned. According to his plea agreement, Betts participated in the looting at the CVS. Betts is captured on surveillance video entering the store through its main front entrance and removing merchandise from the store.
By 5:44 p.m., riot participants had placed an assemblage of metal propane cylinders and charcoal briquettes near the main entrance to CVS, between West North Avenue and a line of police officers that had formed across the 2500 block of Pennsylvania Avenue. In an effort to deter the line of police officers from advancing to stop the looting of the CVS, Betts set fire to a roll of toilet paper and placed it on top of the propane cylinders and charcoal briquettes. Betts then squirted lighter fluid onto the burning roll of toilet paper atop the incendiary materials. Betts’ face and full body are shown squirting lighter fluid onto the incendiary materials in still photographs, some of which were published by local and national news media. Betts then fled, and at approximately 5:58 p.m., a large flame exploded from the improvised incendiary device, resulting in flying debris of large metal fragments from the propane cylinders and blast effects felt by nearby bystanders.
During the investigation, ATF learned that in addition to making the incendiary device, the scope of Betts’ participation in the April 27th riots included: throwing objects at police in the vicinity of Mondawmin Mall; attempting to tip over MTA and police vehicles while encouraging others to join him; attempting to destroy a police cruiser by placing flammable material in the fuel filler pipe and igniting the material; and stealing from the CVS, a liquor store in Baltimore, and a shoe store at Mondawmin Mall. Betts’ involvement in the riots is documented in surveillance footage and still photographs.
In an unrelated case, on July 2, 2015, Betts shot and attempted to kill an individual who had previously purchased heroin from him. According to the plea agreement, Betts expected to be paid $40 for the heroin, but the individual only paid him about $20. On the morning of July 2, 2015, Betts saw the individual in the driver’s seat of a vehicle with a passenger in southwest Baltimore. Betts approached the vehicle with a gun in his hand and shot at the individual, intending to kill the victim in retaliation for having been cheated in the prior drug transaction. The victim managed to drive away and was treated at the Shock Trauma Center at University of Maryland Hospital for severe injuries to her left leg. Betts was arrested for the shooting on July 7, 2015 and charged in state court with attempted first degree murder and other offenses, and detained.
On July 18 and July 19, 2015, while he was detained, Betts made calls to a friend. During the call on July 19, which was recorded by the Maryland Department of Public Safety and Correctional Services, Betts provided the name of the shooting victim and asked his friend to relay that information to associates of Betts and to instruct them to obtain a signed affidavit from the victim stating that Betts did not shoot her. During the same call, Betts admitted that he did shoot the victim.
The investigation into arsons that occurred on April 27, 2015, is continuing. Anyone with information is urged to call the ATF hotline, 1-888-ATF-FIRE (1-888-283-3473). ATF continues to offer a reward of up to $10,000 for information leading to the arrest and conviction of any individual responsible for these incidents.
Federal prosecutors previously have charged four other defendants for arson crimes committed during the Baltimore riots on April 27, 2015. Trevon Green, age 23, of Baltimore, is charged with malicious destruction of property by fire, for allegedly setting fire to a food store on North Monroe Street. Gregory Lee Butler, Jr., a/k/a Greg Baly, age 22, of Baltimore, faces federal charges for obstruction of firefighters during a civil disorder. Darius Raymond Stewart, age 22, of Baltimore, pleaded guilty to malicious destruction of property by fire, arising from the arson of a liquor store. Stewart is scheduled to be sentenced on August 3, 2016. Raymon Carter, age 25, of Baltimore, Maryland, pleaded guilty to the federal crime of rioting, including the arson of the CVS Pharmacy on April 27, 2015, and was sentenced to four years in prison and ordered to pay restitution of $500,000.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorneys Matthew J. Maddox and Sandra Wilkinson, who are prosecuting the case.
Man Gets 10 Years in Prison for Attempted Sex with 13 Year-OldRead the Press Release
ALEXANDRIA, Va. – James Aubrey Brown, IV, 40, of Woodbridge, who was convicted by a federal jury on charges of attempted coercion and enticement of a minor on March 3, was sentenced today to 10 years in prison for his crimes. Brown was also sentenced to five years of supervised release and ordered to register as a sex offender upon release from prison.
According to court records and evidence presented at trial, Brown responded to a Craigslist ad purportedly posted by a 13-year-old girl living on Marine Corps Base Quantico. Over a period of 12 days and an exchange of over 275 emails, Brown repeatedly pressed the girl to meet and engage in sexual acts, including oral and vaginal sex. He also solicited nude photos of the girl. Ultimately, he arranged to come to Marine Corps Base Quantico to have sex with the girl. Over email, he directed her as to what to wear and what do when he arrived. On the morning of Sept. 14, 2015, Brown arrived at the meeting location where he was arrested for attempting to persuade a person he believed to be a 13 year-old to engage in sexual activity that would be criminal under the laws of the Commonwealth of Virginia.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Jeremy Gauthier, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington D.C. Field Office, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Whitney Dougherty Russell and Special Assistant U.S. Attorney Joseph Longobardo prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-342.
Lubbock Man Sentenced to 135 months in Federal Prison for the Transportation of a Minor Child with Intent to Engage in Sexual ActivityRead the Press Release
LUBBOCK, Texas — Marcos Daniel Chairez, 26, of Lubbock, Texas, was sentenced today by Senior U.S. District Judge Sam R. Cummings to 135 months in federal prison, following his guilty plea in March 2016 to one count of transportation of a minor with intent to engage in criminal sexual activity. Today’s announcement was made by U.S. Attorney John Parker of the Northern District of Texas.
Chairez has been in custody since his arrest on other charges in October 2015.
According to documents filed in this case, in December 2010, Chairez traveled from El Paso, Texas, to West Monroe, Louisiana, driving through the Northern District of Texas, to transport a minor child from Louisiana to his residence in El Paso, where he planned to engage in sexual activity with her. Chairez had been communicating with the minor for approximately two years. After arriving at his residence in El Paso, Chairez acted on his intent to engage in sexual activity with the minor.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Department of Homeland Security, Homeland Security Investigations, and the El Paso County Sheriff’s Office investigated the case. Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.
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