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Thursday 5 May 2016
United States Settles False Claims Act Allegations Against TVA Contractor Bartlett Holdings, Inc.Read the Press Release
KNOXVILLE, Tenn.- The United States, on behalf of the Tennessee Valley Authority (TVA), reached a settlement on April 22, 2016, with TVA contractor Bartlett Holdings, Inc. (Bartlett), d.b.a. BHI Energy/Sun Technical Services. Bartlett was alleged to have violated the False Claims Act by knowingly concealing or knowingly and improperly avoiding an obligation to refund overpayments received from TVA for work performed on the project to complete the construction of Watts Bar Nuclear Plant Unit 2. Under the terms of the settlement, Bartlett agreed to pay the United States $2.8 million.
In January 2008 Bartlett entered into a subcontract with Bechtel Power Corporation, TVA’s engineering, procurement and construction contractor on the Watts Bar Unit 2 project, to furnish qualified personnel to Bechtel for the project. Bartlett’s subcontract, which was funded by TVA, provided for Bartlett to be reimbursed its actual costs for wages and related expenses, including payroll taxes and insurance incurred for employees working on the project. However, the United States alleged that Bartlett received payments from TVA in excess of actual costs for payroll taxes and insurance and knowingly failed to timely identify, report and refund those overpayments to TVA as required under the subcontract.
“The issue of losing public funds through fraud, waste and abuse is all too well known,” said Acting U.S. Attorney Nancy Harr. “Since these losses usually result in increased costs to the public, parties that contract with the government or its agencies must be held to the terms of their contract. The U.S. Attorney’s office remains committed to recovering funds lost when a contractor departs from its contractual obligations,” added Harr.
This settlement resulted from a joint, comprehensive investigation conducted by the U.S. Attorney’s Office and the TVA Office of Inspector General (TVA-OIG). In January 2014, the TVA-OIG Audit Division initiated an audit of payments to Bartlett under its subcontract. The U.S. Attorney’s office and TVA-OIG Investigations Division subsequently joined the investigation following the filing of a qui tam or whistleblower complaint in May 2014.
Acting U.S. Attorney Harr commended the cooperative efforts of TVA Inspector General Richard Moore and his staff who participated in this complex investigation, including counsel to the Inspector General Charles Kandt, who was assigned to the matter as a Special Assistant U.S. Attorney (SAUSA). SAUSA Kandt and Assistant U.S. Attorney Rob McConkey represented the United States’ interests in this case.
Members of the public should be reminded that the claims settled by this agreement are allegations only and there has been no determination of liability.
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United States Settles Dispute with Grant Recipient over Its Use and Accounting of Federal FundsRead the Press Release
PHILADELPHIA - The United States reached a civil settlement today with Drakontas LLC, a for-profit technology company with offices in Glenside, Pennsylvania and Camden, New Jersey, that provides software and communications technology to various markets, including to law enforcement and public safety personnel. Under the settlement agreement, Drakontas LLC agreed to pay $155,322 to resolve allegations that it improperly spent federal grant funds that it received under cooperative agreements with the United States Department of Justice Office of Justice Programs.
Specifically, the United States contended that during the year 2010, Drakontas LLC’s accounting system lacked sufficient detail and did not comply fully with the requirements of the cooperative agreements and, as a result, the company did not accurately record and support all drawdowns of grant funds during that year. In addition, the United States contended that during years 2009 and 2010, Drakontas LLC was reimbursed for certain compensation of high-level company executives that exceeded the amounts permitted under the cooperative agreements.
Drakontas LLC’s payment of the settlement amount resolves those accounting problems during year 2010 and the company’s payment of excess compensation during years 2009 and 2010.
In addition to the payment of $155,322, Drakontas LLC agreed to undertake a broad compliance program to ensure proper use and accounting of federal grant funds in the future. For example, for each year in which Drakontas LLC receives federal funds, the company agreed to retain an independent auditing firm to review the company’s financial systems, internal controls, grant accounting, and compliance. Drakontas LLC also agreed to designate a Grant Compliance and Quality Assurance Coordinator, report credible evidence of misuse of federal funds, and undergo training on federal grant reporting and the use of federal funds. The settlement agreement requires Drakontas LLC to maintain records of the training and to submit compliance-related documents with any applications for federal grant funds.
The investigation and resulting settlement underscore the need for federal grant recipients to follow the rules for using and tracking grant funds — and, in particular, any rules that limit employee compensation — because grant recipients will be held accountable for mishandling funds. As part of this settlement, Drakontas LLC did not admit to liability or wrongdoing.
The allegations arose from an investigation led by the United States Department of Justice Office of Inspector General. The case was handled by Assistant United States Attorney Michael S. Macko.
United States Recovers over $8 Million in False Claims Act Settlements for Fraud Against the VA and MedicareRead the Press Release
PORTLAND, Ore. – United States Attorney Billy J. Williams announced that Holiday Acquisition Corp. and Fortress Investment Group, LLC (collectively Holiday) agreed to pay $8.86 million to resolve alleged False Claims Act violations for submitting false claims to the United States Department of Veterans Affairs (VA) to qualify veterans or a surviving spouse of a veteran for monthly benefits from the Aid and Attendance Program, announced U.S. Attorney Billy Williams.
The settlement resolves a lawsuit brought under the qui tam provisions of the False Claims Act by Sheila and Louis Rose, who worked as managers at several of the Holiday Retirement properties. The Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. Under the civil settlement announced yesterday, Mr. and Mrs. Rose will receive approximately $1.5 million out of the federal share of the recovery. The lawsuit is captioned United States of America ex rel. Sheila Rose and Louis Rose v. Fortress Investment Group, LLC. et al., Case Number 3:13-cv-00314-MO.
The Holiday suit alleged that the defendants violated the False Claims Act by engaging in a number of fraud schemes related to VA program benefits. Specifically, the Relators allege that the named defendants knowingly assisted veterans or their surviving spouses in completing and submitting false claims for veteran’s benefits under the Aid and Attendance and Housebound Benefits program. The named defendants expressly denied the allegations in the suit and did not admit any liability in reaching the settlement.
The Holiday settlement was based on a claim in the suit which alleged that false statements were made about the services provided by the defendants’ facilities which caused the VA to determine a veteran was eligible for aid and attendance benefits, when in fact, the veteran was not eligible and the benefits should not have been paid.
“Pursuing corporations who engage in fraud remains a top priority of the U.S. Attorney’s Office and the Department of Justice,” said U.S. Attorney Billy Williams. “We are committed to holding them accountable for profiting at the expense of taxpayers and taking advantage of our nation’s veterans.”
This settlement illustrates the government’s emphasis in combating fraud and followed shortly after another settlement in a health care fraud case against Hung Viet Tran. In March 2016, Tran paid $825,000 to resolve Medicare and Medicaid fraud claims. The scheme involved billing for prescription drugs that he never dispensed, dispensing generic medications and billing for the more expensive brand name, and dispensing Costco brand fish oil but billing for brand name prescription Omega 3 fatty acids. In addition to the settlement amount, Tran will also be excluded from participating in all Federal health care programs for fifteen years. The Tran settlement was a joint investigation with the U.S. Attorney’s Office for the District of Oregon and the Oregon Department of Justice - Medicaid Fraud Unit. The state Department of Justice prosecuted the criminal case and the U.S. Attorney’s Office prosecuted and settled the civil matter.
“Nationally, losses caused by fraud amount to tens of billions of dollars every year,” said Williams. “These settlements are an example of the hard working lawyers in this office and our resolve to hold accountable those who commit fraud. For that reason, we will work with our state and federal partners to uncover these fraudulent activities and recover those losses through the False Claims Act.”
The Holiday matter was investigated by the U.S. Attorney’s Office for the District of Oregon and the Department of Veteran’s Affairs, Office of Inspector General.
Both of these civil fraud investigations and settlements were resolved through the efforts of the Affirmative Civil Enforcement (ACE) Unit in the United States Attorney’s Office. The ACE Unit is led by Division Chief Katie Lorenz and Assistant United States Attorney Neil J. Evans.
U.S. Attorney Charges College Student with Sexual Exploitation of MinorsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Angel M. Melendez, the Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations, New York Field Office (“HSI”), announced today the arrest of ROBERT J. GARNEAU, a/k/a “Raptorr427,” a/k/a “Bobby Sixx,” a/k/a “Allison Denario,” a/k/a “Giannafitz81.” GARNEAU is charged with communicating with three different underage victims online and convincing them to take sexually explicit photographs and send them to GARNEAU online. GARNEAU was arrested this morning and will be presented today before U.S. Magistrate Judge Judith McCarthy in White Plains federal court.
Manhattan U.S. Attorney Preet Bharara said: “Robert Garneau’s alleged crimes are the nightmare of every modern parent. Using every day social media websites, Garneau allegedly exploited minors for his own sexual gratification. We will continue to work with our partners at Homeland Security Investigations to vigorously investigate and prosecute defendants who sexually exploit children.”
Special Agent in Charge Angel M. Melendez said: “Today’s arrest should serve as a stern reminder to parents that, as kids spend more and more time on the internet and gaming consoles, parents must step up by teaching their kids how to spot internet predators and talking to them about who they talk to and what information they share. Those who look to exploit the most vulnerable in our society by hiding behind the wall of the internet will remain a top priority for HSI as we continue to identify and arrest these heinous criminals.”
According to the Complaint[1] unsealed today in White Plains federal court:
From September 2014 to December 1, 2014, GARNEAU communicated online via Instagram and Kik with a then 12-year-old minor (“Victim-1”) in Vacaville, California, and convinced Victim-1 to take and send sexually-explicit photographs of Victim-1 to GARNEAU. On August 10, 2015, and July 18, 2015, GARNEAU engaged in the same type of activity with two more minors (“Victim-2” and “Victim-3”).
During his communications with his victims, GARNEAU utilized the screen names “Raptorr427,” “BobbySixx,” “Allison Denario” and/or “Giannafitz81.” Further, while communicating with his victims, GARNEAU posed as a minor and threatened his victims that if they did not send additional photos and/or videos, they would be arrested for the photos and/or videos they had already sent. With respect to Victim-2, GARNEAU also threatened to show the photos and videos to Victim-2’s Instagram followers.
There may be more victims of this alleged conduct. If you have information to report, contact Homeland Security Investigations through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing-impaired users can call TTY 802-872-6196.
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GARNEAU, 21, of Warwick, New York, is charged with three counts of sexual exploitation of a minor, each carrying a minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison. The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Bharara praised the efforts of Homeland Security Investigations, Long Island University, the Nassau County Police Department, and the Vacaville Police Department in Vacaville, California, in connection with this investigation. He added that the investigation is ongoing.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney Marcia S. Cohen is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Doctors Convicted of Falsely Certifying ‘Patients’ as Terminally Ill as Part of $8.8 Million Healthcare Fraud SchemeRead the Press Release
LOS ANGELES – Two doctors were found guilty today of federal health care fraud charges for falsely certifying that Medicare patients were terminally ill, and therefore qualified for hospice care, when the vast majority of them were not actually dying.
Following a two-week trial, the doctors were found guilty of participating in a scheme related to the Covina-based California Hospice Care (CHC). Between March 2009 and June 2013, CHC submitted approximately $8.8 million in fraudulent bills to Medicare and Medi-Cal for hospice-related services, and the public health programs paid nearly $7.4 million to CHC.
The two doctors convicted today by a federal jury are:
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Sri Wijegoonaratna, known as Dr. J., 61, of Anaheim, who was found guilty of seven counts of health care fraud; and
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Boyao Huang, 43, of Pasadena, who was found guilty of four counts of health care fraud.
United States District Judge S. James Otero, who presided over the trial, is scheduled to sentence the two defendants on August 15, at which time each will face a statutory maximum sentence of 10 years in federal prison for each count of health care fraud.
“A number of patients admitted to California Hospice Care testified at trial, showing that they did not require end-of-life care,” said United States Attorney Eileen M. Decker. “In fact, only a small percentage of patients later died – notwithstanding the two doctors declaring that they needed hospice care. This scheme is one of many that has victimized public health care programs and, in the end, the taxpayers who fund these important programs. We will continue to investigate these fraudulent schemes, shut down the operations and incarcerate those responsible for stealing from the system.”
Four other defendants who were named in a federal grand jury indictment in September 2014 have pleaded guilty to health care fraud charges and are pending sentencing (except for one defendant who has been accepted into a diversion program). Those other defendants include a Placentia woman who purchased CHC in 2007 and operated the facility after being charged and incarcerated in another health care fraud scheme. Priscilla Villabroza, 70, previously pleaded guilty in December to one count of health care fraud and is scheduled to be sentenced by Judge Otero on June 20.
As part of the CHC fraud scheme, Villabroza and her daughter – who was the nominal owner while Villabroza was in custody – paid patient recruiters known as “marketers” or “cappers” to bring in Medicare and Medi-Cal beneficiaries. CHC nurses performed “assessments” to determine whether the beneficiaries were terminally ill and, regardless of the outcome, Wijegoonaratna and Huang certified that the beneficiaries were terminally ill – even though the vast majority of them were not dying. CHC personnel altered medical records in response to Medicare audits to make the beneficiaries appear sicker.
The evidence at trial showed that Wijegoonaratna also recruited patients into the scheme and received tens of thousands of dollars in kickbacks. “Not only did defendant Wijegoonaratna refer beneficiaries to CHC in exchange for illegal kickbacks, but he also created fraudulent diagnoses and falsely certified that the referred beneficiaries were terminally ill, even though the overwhelming majority of CHC beneficiaries were not terminally ill, so that CHC could qualify for reimbursement from Medicare,” prosecutors wrote in court documents filed in relation to the trial. The California Medical Board has revoked Wijegoonaratna’s medical license.
By the time the scheme was shut down in June 2013, Medicare and Medi-Cal paid millions of dollars for medically unnecessary hospice-related services.
The investigation into California Hospice was conducted by the United States Department of Health and Human Services, Office of Inspector General; the Federal Bureau of Investigation; the California Bureau of Medi-Cal Fraud & Elder Abuse; and IRS Criminal Investigation.
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Topeka Man Charged with Lying to Investigators Shortly Before Deadly Standoff at Topeka MotelRead the Press Release
TOPEKA, KAN. - A Topeka man was charged Wednesday with lying to a federal marshal who was trying to locate fugitive Orlando J. Collins before Collins shot three law enforcement officers during a gunfight at the Country Club Motel in Topeka, Acting U.S. Attorney Tom Beall said today.
Quentin Kirk Lawton, 36, who is in federal custody, is charged with one count of making a false statement to a federal officer. The indictment alleges that Lawton visited Collins in a room at the Country Club Motel at 3732 S.W. Topeka Boulevard. Lawton left the motel shortly before a standoff between Collins and federal agents. The indictment alleges that when marshals questioned Lawton about Collins’ whereabouts Lawton denied having been to the motel or seen Collins.
When members of a task force tried to take Collins into custody he shot two U.S. Marshals and an FBI agent. A fire ignited from inside Collins’ room during the gunfight and spread throughout the motel. After the fire, Collins’ body was found in the motel room.
If convicted, Lawton faces a maximum penalty of five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER GRAND JURY INDICTMENTS
Austan Kinnaird, 25, Goddard, Kan., is charged with one count of bank robbery.
The indictment alleges that April 29, 2016, Kinnaird robbed the Intrust Bank at 9450 E. Harry in Wichita.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The FBI and the Wichita Police Department investigated Assistant U.S. Attorney Jason Hart is prosecuting.
James Baray, 30, who is in federal custody; Francisco Javair Gandarilla, 25, who is in state custody; and Chad Kleppin, 44, who is in federal custody, are charged with one count of conspiracy to possess with intent to distribute methamphetamine. The crime is alleged to have occurred in April and May 2016 in Topeka, Kan.
If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Jesus Salcedo, 28, Kansas City, Kan., is charged with four counts of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in 2013 in Kansas City, Kan.
If convicted, a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each distribution count, and a maximum penalty of 10 years and a fine up to $250,000 on the possession count. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Julie D. Woodland, 55, Maple Hill, Kan., is charged with 22 counts of interstate transportation of stolen funds and three counts of money laundering. The crimes are alleged to have occurred in 2012 and 2013 in Topeka while Woodland was a trustee of the Stephen W. Dibble Trust and the Elaine R. Dibble Trust.
If convicted, she faces a maximum penalty of 10 years and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.
Tyler Seifert, 31, who is in state custody, is charged with 12 counts of passing counterfeit U.S. currency. The crimes are alleged to have occurred in 2015 in Topeka.
If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000 on each count. The Topeka Police Department investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.
Thomas Noble Lathrom, 25, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred March 22, 2016, in Topeka.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
Ricardo Alcaraz-Luna, 34, North Las Vegas, Nev., is charged in count one with possession with intent to distribute methamphetamine. Co-defendant Elsy Maria Perez, 32, North Las Vegas, Nev., is charged in count two with one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred April 22, 2016, in Dickinson County, Kan.
Upon conviction, count one carries a penalty of not less than 10 years in federal prison and a fine up to $10 million. Count two carries a maximum penalty of 20 years and a fine up to $1 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.
David Lee McKinney, 24, Junction City, Kan., is charged in count one with possession with intent to distribute methamphetamine, in count two with unlawful possession of a firearm in furtherance of drug trafficking, and in count three with unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Dec. 29, 2015, in Geary County, Kan.
Upon conviction, count one carries a maximum penalty of 20 years and a fine up to $1; count two carries a penalty of not less than five years and a fine up to $250,000; and count three carries a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.
Gary Lee Rayburn, 47, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Dec. 22, 2015, in Abilene, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Tanner J. Schonfeldt, 20, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction, and one count of unlawful possession of a stolen firearm. The crimes are alleged to have occurred March 14, 2016, in Topeka, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Joshua S. Carpenter, 27, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred April 10, 2016, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.
James R. Crawford, Sr., 38, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred March 29, 2016, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.
Ignacio Vazquez, 25, Pomona, Calif., is charged with one count of possession with intent to distribute methamphetamine and one count of interstate travel in furtherance of drug trafficking. The crimes are alleged to have occurred April 30, 2016, in Ellis County, Kan.
If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on the possession charge, and a maximum penalty of five years and a fine up to $250,000 on the other count. The Kansas Highway Patrol investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Three Men Handed Significant Sentences in Robbery ConspiracyRead the Press Release
HOUSTON – Three area men are now headed to federal prison for 41-49 years following their convictions and participation in a robbery crew that committed more than 30 different armed robberies throughout Houston, announced U.S. Attorney Kenneth Magidson. Jerrol Bluford, 22, entered his guilty plea Nov. 23, 2015, while co-conspirators Calvin Smith, 20, and Jamone Jones, 21, had previously entered guilty pleas Aug. 28 and Oct. 26, 2015, respectively, to conspiracy to interfere with commerce by robbery and two counts each of brandishing a firearm during and in relation to a crime of violence. Today, U.S. District Judge David Hittner handed Jones a total sentence of 588 months in federal prison – 240 months for the robbery conspiracy in addition to 48 and 300 months for the first and second firearms charges which must be served consecutively to each other and to the underlying conspiracy. Bluford received 169 months for the conspiracy as well as consecutive sentences of 84 and 300 months for the firearms charges for a total of 553 months, while the court handed Smith a total sentence of 492 months – 168 months for the conspiracy and another 24 and 300 months for the firearms charges, respectively. All were also ordered to pay restitution and must serve a term of five years of supervised release following completion of the prison term. A fourth defendant - Rodney Ford, 19 – pleaded guilty Nov. 4, 2015, and will be sentenced later this month. Between Jan. 9, 2015, and Jan. 25, 2015, the four men committed approximately 31 armed robberies of a variety of establishments, including restaurants, stores and phone companies. Each robbery was a take-over style robbery during which a member of the robbery crew brandished a firearm and demanded money from employees at gunpoint, taking cash from the cash registers and safes through threat of force. On multiple occasions, the crew members sole merchandise such as cellular phones from the business and cash from the customers who were present during the robberies. Some of the robberies were even committed in the presence of children. In one instance, the robbery crew attempted to steal the store owner’s vehicle. All of the defendants have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. These charges arose from an investigation conducted by the FBI Violent Crime Task Force, Harris County Sheriff’s Office Robbery Division and Houston Police Department North Robbery Division. Assistant U.S. Attorney Julie Searle is prosecuting the case.Three Members of 2012 Presidential Campaign Staff Guilty of Concealing Campaign Expenditures to State SenatorRead the Press Release
Three members of a 2012 presidential campaign committee were convicted by a federal jury in Des Moines, Iowa, on all counts of an indictment charging the concealment of campaign expenditures made to secure the endorsement of an Iowa State Senator.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office made the announcement.
“Concealing and falsely reporting campaign expenditures undermines the integrity and transparency of the federal election process,” said Assistant Attorney General Caldwell. “When political operatives secretly buy an elected official’s political support, it undermines public confidence in our entire political system.”
“Violating campaign finance transparency laws by falsifying expenditure records and reports deceives the public and facilitates corruption,” said Assistant Director in Charge Abbate. “The FBI will aggressively investigate those who corrupt the integrity of our democratic process. I want to thank the special agents, analysts and prosecutors who worked diligently to see this case through to today’s result.”
Jesse R. Benton, 38, of Louisville, Kentucky, and John M. Tate, 53, of Warrenton, Virginia, were convicted of conspiracy, causing false records to obstruct a contemplated investigation, causing the submission of false campaign expenditure reports to the Federal Election Commission (FEC) and engaging in a scheme to make false statements to the FEC. Dimitrios N. Kesari, 50, of Leesburg, Virginia, was convicted of the same offenses, except causing false campaign expenditure reports, for which he was previously convicted by a jury in a separate trial in October 2015.
Chief Judge John A. Jarvey of the Southern District of Iowa noted that he would schedule sentencing for a later date.
The defendants were the senior leadership of a campaign for a candidate in the 2012 presidential election. According to the indictment, former Iowa State Senator Kent Sorenson initially supported one candidate in the 2012 presidential election, but between October and December 2011, negotiated with the defendants to switch his support to their candidate in exchange for money. On December 28, 2011, at a political event in Des Moines, Iowa, Sorenson publicly announced his switch of support.
Evidence at trial proved that the campaign expenditures to Sorenson were made in monthly installments of approximately $8,000 each and ultimately amounted to over $70,000. The defendants concealed the payments by causing them to be recorded – both in campaign accounting records and in FEC filings – as campaign-related audio-visual expenditures, and by causing them to be transmitted to a film production company and then to a second company that was controlled by Sorenson. The conspirators concealed their campaign’s payments to Sorenson from their candidate and also from the FEC, the FBI, and the public.
Trial evidence showed that in response to criticism of Sorenson’s change of support from one candidate to the other, the conspirators arranged for Sorenson to issue public statements denying allegations that he was offered money for his endorsement and noting that the campaign committee’s FEC filings would show that it made no payments to Sorenson.
On August 27, 2014, Sorenson pled guilty to causing a campaign committee to falsely report its expenditures to the FEC and to obstruction of justice. He has not yet been sentenced.
The case is being investigated by the FBI’s Washington Field Office, with assistance from the Omaha, Nebraska, Field Office and the Des Moines Resident Agency. The case is being prosecuted by Director Richard C. Pilger of the Criminal Division’s Public Integrity Section’s Election Crimes Branch, Deputy Chief J.P. Cooney, and Trial Attorney Jonathan I. Kravis.
Three Indicted in April Prison EscapeRead the Press Release
BEAUMONT, Texas – Three individuals, including two federal inmates, have been indicted in connection with an escape from a Federal Correctional Complex in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Todd Allen Hammer, 40, and Jason Wesley Tate, 44, both federal inmates housed in Beaumont, Texas, and Lorna Leslie, 55, of Sherman, Texas, were indicted by a federal grand jury on May 4, 2016, and charged with escaping from federal custody and conspiracy to escape from federal custody.
According to the indictment and information presented to the grand jury, on Apr. 17, 2012, Hammer was convicted of drug trafficking and firearms violations in the Sherman Division of the Eastern District of Texas and was serving his sentence at the Federal Prison Camp located at the Federal Correctional Complex in Beaumont, Texas. On July 7, 2015, Tate was convicted of drug trafficking violations in the Western District of Texas and was also serving his sentence at the Camp. On Apr. 9, 2016, Hammer and Tate are alleged to have escaped from the facility with the assistance of Leslie, Hammer’s girlfriend. On Apr. 15, 2016, all three were captured by the U.S. Marshals Service in Dallas, Texas.
If convicted, they each face up to five years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Prisons and the U.S. Marshals Service and prosecuted by Assistant U.S. Attorney John A. Craft.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Three Defendants Charged for Timeshare Resale FraudRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 22-count indictment today against Juan Carlos Montalbo, 54, of San Antonio, Texas; Wayne Arthur York II, 47, of Albuquerque, New Mexico; and Marco Antonio Ramirez-Zuno, 31, of Cancun, Mexico, charging them with wire fraud and conspiracy to commit wire fraud in relation to a timeshare-resale scheme, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, between 2011 and 2012, the defendants conducted a timeshare resale fraud scheme based in Puerto Vallarta, Mexico. Montalbo conducted sales meetings to convince prospective customers to purchase a timeshare vacation package marketed under the names Platinum Access Program or World Luxury Destinations. If customers had existing timeshare properties, Montalbo (also known as John Monte) assured them that another company, Continental Resources, would arrange for their sale. When the customers returned from Mexico, they were contacted by York (also known as Tim Hamick or Michael Halston), who claimed to represent companies named Property Marketing Group or Eagle Market Solution and claiming that a bona fide purchaser had been found and was ready to purchase their existing timeshares. Others were contacted directly by York without first giving their information to Montalbo.
According to court documents, York and others would then extract a series of upfront payments from the victims, which York claimed were required to be wired to bank accounts in Mexico in order for the guaranteed sale to be completed. York and the others would falsely claim that a buyer for the timeshare had already been located, and that all the prepaid fees wired to Mexico were being held in escrow and would be refunded to the victims as soon as the transaction was completed. After the victims wired the money to Mexico, York and the others would break off all contact with them. According to court documents, Ramirez Zuno managed the Mexican bank accounts used in the fraud, trained co-conspirators on how to conduct the fraud, and managed the disbursement of the proceeds of the fraud.
This case is the product of an extensive and ongoing investigation by the Federal Bureau of Investigation. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
On October 15, 2015, Montalbo was arrested in Phoenix, Arizona and has been released on bond. His next scheduled court appearance is May 12, 2016, before U.S. Magistrate Judge Kendall J. Newman.
On March 30, 2016, York was arrested in Albuquerque, New Mexico, and was ordered held without bond. On April 14, 2016, Ramirez Zuno was arrested in Miami, Florida and remains in custody pending further proceedings.
York and Zuno were arraigned today in Sacramento before U.S. Magistrate Judge Edmund F. Brennan and entered pleas of not guilty. They are next scheduled for a status conference on June 28, 2016, before U.S. District Judge John A. Mendez at 9:15 a.m.
If convicted, each defendant faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would 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. The charges are only allegations; the defendant are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Tahlequah Man Found Guilty of Possession of Unregistered FirearmRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that WADE LEWIS RITCHIE, age 26, of Tahlequah, Oklahoma was found guilty, by a federal jury, for being a FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e) and POSSESSION OF UNREGISTERED FIREARM (DESTRUCTIVE DEVICE), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871. The jury trial began with testimony on Tuesday, May 3, 2016 and concluded on May 5, 2016 with the guilty verdict.
Evidence at trial proved that on or about July 10, 2015, within the Eastern District of Oklahoma, the defendant, WADE LEWIS RITCHIE, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a destructive device, which is a firearm composed of components, at least one of which had been shipped and transported in interstate commerce and was not registered in the National Firearms Registration and Transfer Record.
The destructive device was an IED or grenade like device, containing 20 Thunder-pops wrapped in 2 different types of tape with 3 different sizes of screws added as shrapnel for injury inducing capabilities.
The verdict obtained was the result of an investigation by the Cherokee County Sheriff’s Department, the Oklahoma Highway Patrol Bomb Squad and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant was remanded into custody of the United States Marshal Service pending sentencing.
The statutory range of punishment is not less than 180 months imprisonment, up to a $250,000.00 fine or both.
Assistant United States Attorney Dean Burris represented the United States.
Syracuse Man Charged with Federal Firearms ViolationRead the Press Release
SYRACUSE, NEW YORK – Ricardo Davis, 28, of Syracuse, New York, was charged in an indictment filed yesterday for possessing a firearm as a convicted felon, announced United States Attorney Richard S. Hartunian. Davis has been charged as an Armed Career Criminal because the indictment alleges he has three or more previous convictions for serious drug offenses.
The charge filed against Davis carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life imprisonment; a fine of up to $250,000; and a term of supervised release of up to 5 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Davis appeared today in U.S. District Court in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks and was ordered detained without bail pending further proceedings in the case.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur with assistance from the Onondaga County District Attorney’s Office.
Southern Arizona Alien Smugglers Sentenced to Lengthy Prison TermsRead the Press Release
TUCSON, Ariz. – Yesterday, Fidel Mancinas-Franco, 51, of Nogales, Sonora, Mexico, and Jose Villela-Lopez, 53, of Cananea, Sonora, Mexico, were sentenced by Chief U.S. District Judge Raner C. Collins to 96 to 120 months in prison, respectively. Mancinas-Franco and Villela-Lopez previously pleaded guilty to conspiracy to bring in, transport, and harbor unauthorized aliens. Another co-defendant who played a lesser role in the conspiracy, Fernando Diaz-Gonzalez of Cananea, Sonora, Mexico, previously pleaded guilty to the same charge and received a 48-month sentence.
“The defendants participated in an alien-smuggling ring that displayed callous disregard for the lives of the persons being smuggled,” said U.S. Attorney John S. Leonardo. “Yesterday's lengthy sentences send a strong and unambiguous message that such conduct will not be tolerated and will be punished severely.”
“Yesterday’s sentencing is a result of the successful collaboration efforts driven by HSI, Border Patrol and our state, local and foreign partners, that disrupted and dismantled this human smuggling network,” said Matthew C. Allen, special agent in charge for HSI Phoenix. “This investigation was highlighted by innovative tactics and cooperation protocols that led to the dismantling of a prolific human smuggling organization in the U.S., Mexico and Guatemala. This case makes it abundantly clear that, through our joint law enforcement investigations, human smugglers looking to operate and profit in our communities will be brought justice.”
Mancinas-Franco and Villela-Lopez were part of a conspiracy to smuggle unauthorized aliens into the United States from Mexico and to transport and harbor those aliens within the United States. Most of the smuggled aliens hailed from Central and South America. Mancinas-Franco and Villela-Lopez knew that the aliens, once in the United States, would be transported on the floor of overloaded sport-utility vehicles whose rear seats had been removed. On three separate instances in 2009, large groups of aliens who were being smuggled by Mancinas-Franco’s and Villela-Lopez’s organization were killed or injured as a result of this dangerous transportation method. First, on June 6, 2009, 11 smuggled aliens were killed during a rollover incident near Sonoita, Ariz. Second, on July 19, 2009, another group of 11 smuggled aliens were endangered during a rollover crash in southern Arizona. The members of the alien-smuggling ring collected over $110,000 in smuggling fees and Mancinas-Franco and Villela-Lopez were required to forfeit those proceeds at sentencing.
The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE/ HSI) in Douglas, Ariz., U.S. Customs and Border Protection, Office of Border Patrol (CBP/BP) Tucson Sector, ICE/HSI Attaché Mexico City, ICE/HSI Attaché Hermosillo, and ICE/HSI Attaché Guatemala City. Special appreciation is owed to the Department of Justice’s Office of International Affairs, the government of Mexico, and the U.S. Marshals Service for their assistance in the extradition process. The prosecution was handled by Sandra M. Hansen and Carmen F. Corbin, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-11-1755-TUC-RCC / CR 09-1879-TUC-RCC
RELEASE NUMBER: 2016-040_Mancinas-Franco_Diaz-Gonzalez et al
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Southco Enterprises, Inc. of Sherman, Texas, Admits Unlawfully Storing Hazardous WasteRead the Press Release
DALLAS — The President and Chief Executive Officer of Southco Enterprises, Inc. of Sherman, Texas, James Alexander, appeared in federal court in Dallas this week and entered a guilty plea on behalf of the corporation to a one-count Information charging treating, storing or disposing of hazardous waste without a permit, announced U.S. Attorney John Parker of the Northern District of Texas.
According to the factual resume filed in the case, Southco Enterprises, Inc. operated several waste transportation vehicles in the Dallas area that were stored at facilities including Al-Kel Chemical, located on Goode Road in Hutchins, Texas. In approximately December 2007, Al-Kel Alliance, Inc., (Al-Kel) received a Notice of Violation from the Texas Commission on Environmental Quality for storing numerous 55-gallon drums and 350-gallon totes that contained unknown chemicals. The Notice of Violation also noted two stationery “box trailers” with totes and fiber pack drums. TCEQ instructed Al-Kel to evaluate all the containers, including the contents of the two trailers, conduct an adequate waste determination, and ship the waste to the appropriate facility.
From approximately October 1, 2010, through August 1, 2011, accumulated hazardous wastes were again stored on several “box trailers” owned by Southco and located at the Al-Kel facility. Southco knew the accumulated hazardous waste in the “box trailers” must be disposed of at an appropriate facility.
If the Court agrees to the terms of the plea agreement, the maximum possible sentence imposed includes a $400 mandatory special assessment and $250,000 in monetary penalties. The $250,000 in penalties consists of a $150,000 criminal fine payable to the U.S. District Clerk, $50,000 payable to the Southern Environmental Enforcement Network Training Fund in Birmingham, Alabama, and $50,000 payable to Hutchins Fire and Rescue. The payments to Hutchins Fire and Rescue are to be specifically used to acquire, purchase, lease, contract for, maintain, calibrate, test, transport, stage or store specialized equipment and gear used exclusively for actions related to spills, leaks, emissions or release of toxic or hazardous materials constituting, or possibly leading to, environmental pollution in North Texas.
In addition, if the plea agreement is accepted by the Court, Southco Enterprises, Inc. may be subject to suspension and disbarment at the discretion of the U.S. Environmental Protection Agency. Sentencing is set for June 1, 2016, before U.S. District Judge Ed Kinkeade
The case is being investigated by the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality. Deputy Criminal Chief Assistant U.S. Attorney Lisa J. Dunn and Assistant U.S. Attorney Errin Martin are prosecuting the case.
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Shreveport woman pleads guilty to stealing more than $200,000 in Social Security benefitsRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Shreveport woman pleaded guilty Wednesday to stealing more than $200,000 in Social Security benefits.
Rose Marie Jackson, 78, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of theft of government property. According to the guilty plea, Jackson received $206,891 in Social Security benefits from March of 1986 to January of 2015 to which she was not entitled. Thomas Jackson died in 1986, but the Social Security benefit checks continued to be sent to a shared post office box. Rose Jackson continued to cash the checks and signed them with Thomas Jackson’s name. The Social Security Administration was not aware of Thomas Jackson’s death, and Rose Jackson did not alert the office to the truth during that time.
Jackson faces up to 10 years in prison, three years of supervised release, a $250,000 fine and restitution. A sentencing date of September 8, 2016 was set.
The Social Security Administration Office of Inspector General conducted the investigation. Assistant U.S. Attorney Brandon B. Brown is prosecuting the case.
Sentencings for May 2 - May 5, 2016Read the Press Release
Jason Brock Latoski, 36, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on May 5, 2016, for being a felon and unlawful user of a controlled substance in possession of a firearm. Latoski was arrested in Cheyenne, Wyoming. He received 35 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Adarus William Greenway, 29, of Detroit, Michigan, was sentenced by Chief Federal District Court Nancy D. Freudenthal on May 4, 2016, for being a felon in possession of a firearm and for using and carrying a firearm during and in relation to a drug trafficking crime. He received 147 months imprisonment, to be followed by five years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Wesley John Niles, 44, of Orin Junction, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on May 3, 2016, for possession with intent to distribute methamphetamine. Niles was arrested in Douglas, Wyoming. He received 24 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment and restitution in the amount of $200.00. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. 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.
Jamie Atilano-Araiza, 27, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on May 3, 2016, for illegal re-entry of a previously deported alien into the United States. Atilano-Araiza was arrested in Greybull, Wyoming. He received six months imprisonment, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Alfredo Romero-Garcia, aka Alfredo Romero, 50, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on May 2, 2016, for illegal re-entry of a previously deported alien into the United States. Romero-Garcia was arrested in Jackson, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
SeaWorld Manager Pleads Guilty to Stealing More than $1 MillionRead the Press Release
Assistant U.S. Attorney Emily W. Allen (619) 546-9738
NEWS RELEASE SUMMARY – May 5, 2016
SAN DIEGO – Former SeaWorld San Diego manager Wilfred David Joseph Jobin-Reyes, also known as Sebastian Jobin, pleaded guilty in federal court today to wire fraud and tax charges, admitting he embezzled a total of $818,000 from SeaWorld over more than eight years.
Jobin-Reyes, who admitted orchestrating the scheme while working as a show producer at the marine mammal park, used his management position at SeaWorld to cause the park to pay more than 100 fake invoices from a sham company he secretly owned, called “SJ Merchandise.”
SeaWorld officials found the invoices to be suspicious because many of them were for amounts just under $10,000 – a threshhold that if exceeded would trigger further scrutiny by senior management. According to court documents, SeaWorld also discovered that the invoiced items—for disposable goods such as “wildlife animal bookmarks,” “sea creature rings,” “purple shiny ornaments,” and “poinsettia in pots”—were never actually delivered to SeaWorld.
Investigators discovered that Jobin-Reyes had created the fake invoices using his work computer. And he used aliases, including the made-up name “John Caldwell,” to conceal his ownership and control of the company when communicating with SeaWorld.
Jobin-Reyes admitted that he used the sham merchandise company to cheat the IRS by claiming fake expenses on his taxes. By pretending that his business suffered hefty losses, Jobin-Reyes reduced the amount of taxes he claimed he owed, and underpaid more than $200,000 in taxes he owed from 2010 through 2014. In fact, none of the claimed expenses were true, because SJ Merchandise didn’t conduct any real business.
As part of today’s plea, Jobin-Reyes also admitted that he took advantage of a friend’s innocent efforts to help him get his sham business afloat. He convinced his friend to open business banking and credit accounts, using the friend’s social security number and good credit, then used those accounts to receive and disburse the illegal proceeds from SeaWorld. He also went on to use the friend’s social security number to open several new credit cards, without the friend's knowledge. Jobin-Reyes admitted that he left his friend with unpaid and overdue balances of at least $177,000.
Jobin used the money he stole from SeaWorld, the taxpayers, and his friend’s credit cards to fund a lavish lifestyle he could not otherwise afford. He spent the proceeds on plane tickets, hotels, restaurants and shopping. In the year preceding his arrest, according to court documents, he traveled around the country from New Orleans to Hawaii, spending the stolen money. He even arranged to have credit cards printed for his family members, secretly racking up more debt on his friend’s credit.
“We are dedicated to protecting our local businesses, citizens, and taxpayers from corruption,” said U.S. Attorney Laura Duffy. “Business insiders who abuse the trust of their employers and the community will be held accountable and brought to justice.”
U.S. Secret Service Special Agent in Charge David Murray said, “I commend the special agents from the Secret Service and the IRS whose tireless work during this investigation resulted in today’s court action. The Secret Service will continue to work with our law enforcement partners to hold accountable those who commit these types of financial crimes against the citizens and local businesses of San Diego.”
“Mr. Jobin-Reyes abused his position as a manager at SeaWorld for his own selfish gain; when that was not enough, he went on to defraud the government by claiming false expenses and failing to report significant income on his tax return,” said Aimee Schabilion, acting Special in Charge for IRS Criminal Investigation. “IRS Criminal Investigation continues to work with our law enforcement partners, to identify, investigate, and prosecute individuals like Jobin-Reyes who engage in fraud and deceit in order to satisfy their greed.”
Jobin-Reyes was arrested in Dallas, Texas in March 2016, and since arrest he has been detained in federal custody as a flight risk. U.S. District Judge Jeffrey T. Miller is scheduled to revisit the detention order at a hearing at 11:00 am tomorrow.
Jobin-Reyes is scheduled to be sentenced by Judge Miller on August 5, 2016 at 9 a.m.
DEFENDANT
Wilfred David Joseph Jobin-Reyes, 16CR0811-JM Age: 47 San Diego, CA
CHARGES
Wire Fraud, in violation of 18 U.S.C. § 1343
Maximum Penalties: 20 years’ imprisonment, $250,000 fine, $100 special assessment, restitution.
Filing False a Tax Return, in violation of 26 U.S.C. § 7206(1)
Maximum Penalties: 3 years’ imprisonment, $250,000 fine, $100 special assessment, restitution.
AGENCIES
United States Secret Service
Internal Revenue Service Criminal Investigation
San Gabriel Man Who Allegedly Operated Ponzi Scheme that Collected Nearly $7 Million Arrested on Fraud ChargesRead the Press Release
LOS ANGELES – The operator of a Brea-based investment company that prosecutors allege was a Ponzi scheme that brought in about $7 million with promises of breakthrough products made with graphene was arrested this morning on federal fraud charges.
Wenxing Huang, who is also known as “Di Peng” and “Fatty,” 33, of San Gabriel, was taken into custody by special agents with the Federal Bureau of Investigation.
A criminal complaint unsealed after this morning’s arrest charges Huang with wire fraud and money laundering, charges that together carry a statutory maximum penalty of 30 years in federal prison.
Huang operated Ju Ding, Inc., which solicited funds from investors with false promises that their money would be used to invest in and develop technology based on graphene, which is a layer of pure carbon that is only one atom thick. But, according to the complaint, Ju Ding does not appear to have engaged in any business or to have sold any goods.
An FBI agent who reviewed Ju Ding financial accounts determined that approximately 400 victims invested more than $6.9 million in traceable funds (which does not include cash deposits that may have been made with the company). Huang used approximately half of the funds deposited with Ju Ding to purchase a $1.3 million home in Diamond Bar, luxury automobiles and jewelry.
Promotional materials for Ju Ding promised “Quick profit, wealth creation by helping you make shortcut to your riches,” according to the affidavit. Huang allegedly orchestrated a Ju Ding holiday party at the end of 2013 at the Long Beach Convention and Entertainment Center in which luxury items, including a Mercedes-Benz automobile were raffled off. Records from the facility show that the event for 2,000 people cost more than $180,000.
“Mr. Huang misled hundreds of investors with get-rich-quick promises decorated with fancy cars and parties,” said United States Attorney Eileen M. Decker. “Extravagant promises of instant wealth are almost assuredly frauds, and potential investors should be especially wary of lavish pitches such as those employed by Mr. Huang.”
As part of the scheme, Huang allegedly offered compensation to investors who recruited others, according to the complaint, which alleges that many investors received little, if any, return on their investments. However, approximately $2.2 million appears to have been returned to clients in what were essentially Ponzi payments.
Huang is charged with money laundering for allegedly using approximately $1.2 million in investor funds to purchase the Diamond Bar home, which has since been sold.
Huang is expected to make his initial appearance this afternoon in United States District Court in Los Angeles.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Salem Man Charged in Home Depot Fraud ScamRead the Press Release
BOSTON – A Salem man was charged today in U.S. District Court in Boston with a scheme to defraud Home Depot of over $35,000.
Robert Dooley, 56, of Salem, Mass., was charged in a criminal complaint with one count of wire fraud. He was arrested this morning and will appear before U.S. District Court Magistrate Judge Jennifer C. Boal at 2:15 p.m.
The complaint alleges that between January 2016 and February 2016, Dooley engaged in a scheme to defraud Home Depot by “returning” items he never purchased from the store to receive store credit. On each occasion, Dooley, entered Home Depot stores empty handed and gathered merchandise totaling $500 to $900. At the returns desk, Dooley falsely claimed that he previously purchased the items, but did not have a receipt. When he provided this driver’s license number to the clerk, Dooley often varied the number so the “return” would not immediately be detected as fraudulent. Dooley was then issued a Home Depot card for the fraudulent return. According to the complaint, Dooley perpetrated the scam over forty times at Home Depots stores in Massachusetts, New Hampshire, Rhode Island, and Maine, racking up over $35,000 in fraudulent returns.
In 2007, Dooley was convicted of federal wire fraud charges arising out of a nearly identical scheme in which he defrauded Home Depot in excess of $330,000 from July 2004 through October 2005. In that case, he was sentenced to five years in federal prison.
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Eugenia M. Carris of Ortiz’s Public Corruption Unit.
Sacramento Dentist Sentenced to over 3 Years in Prison for Billing for Unnecessary or Unperformed Dental WorkRead the Press Release
SACRAMENTO, Calif. — David M. Lewis, 62, of Sacramento, was sentenced today by United States District Judge Morrison C. England Jr. to three years and 10 months in prison and a $75,000 fine for health care fraud, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, beginning approximately in late 2008, Lewis, a dentist practicing in Sacramento, began targeting United Parcel Service employees for dental treatment because their health care plan under the Northern California General Teamsters Security Fund provided 100 percent coverage without any annual limits. Lewis offered cash and other incentives to UPS patients for receiving dental treatment or for recruiting other UPS employees to receive such treatment.
The UPS health care plan was administered by Delta Health Systems. In some instances, Lewis caused claims to be submitted to Delta that falsely billed the plan for work that was never performed. In many other instances, Lewis performed unnecessary dental work on UPS employees, including root canals, and claims were submitted to Delta for payment for these unnecessary services.
Lewis created false narratives for dental work that was not performed or created false statements about purported pre-existing dental conditions to justify the work performed. In some instances, Lewis drilled into teeth to install temporary filings and instructed his assistants to take X-rays of the temporary filings. Lewis then submitted claims to Delta with X-rays of the temporary fillings, falsely claiming that the X-rays depicted tooth decay justifying further restorative procedures.
“This defendant went well beyond the lies one normally finds at the root of a fraud scheme,” said Acting U.S. Attorney Talbert. “He not only plundered funds meant to provide essential services, he inflicted pain and suffering on his patients through the performance of unnecessary medical procedures, all in the name of additional profit. We are gratified by today’s sentence, and thankful for the critical work done by our partners in the Department of Labor and the State of California.”
“Today’s sentencing demonstrates that those who commit heath care fraud will be held criminally accountable. We will continue to work with our law enforcement partners to safeguard the health benefits of union workers from medical providers seeking self‑enrichment,” stated Abel Salinas, Special Agent-in-Charge of the Los Angeles Regional Office of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
“Dr. Lewis put his own financial interests ahead of his patients’ dental health, causing them harm instead of healing,” commented Jean Ackerman, Regional Director for EBSA. “This case is indicative of our close and continued partnership with fellow federal agencies to vigorously pursue those who commit crimes against employee benefit plan participants.”
A restitution hearing is set for June 23, 2016, and Lewis is scheduled to self‑surrender to begin serving his sentence on July 14, 2016.
An employee at Lewis’s dental practice, Nichol Ramirez aka Nichol Lomack, previously pleaded guilty to one count of health care fraud for her part in the fraud scheme in a separate case. (2:14-cr-056 MCE) Lomack is scheduled to be sentenced on September 1, 2016. She faces a maximum statutory penalty of 10 years in prison and a fine of $250,000 or twice the gross loss or gain of the scheme. 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.
These cases are the product of an investigation by the U.S. Department of Labor, Office of Inspector General-Office of Labor Racketeering and Fraud Investigations and the U.S. Department of Labor, Employee Benefits Security Administration, with assistance from the California Dental Board and the California Attorney General’s Office. Assistant United States Attorney Todd A. Pickles is prosecuting the cases.
Ride or Die Gang Members Sentenced to Life in Prison Following Convictions on RICO, Drugs and Murder ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DELOYD JONES, a/k/a “Puggy,” age 24; and BYRON JONES, a/k/a “Big Baby,” age 25, both of New Orleans, were sentenced yesterday after having previously been found guilty of violating the Racketeer Influenced Corrupt Organization Act “RICO” as well as drug conspiracy, firearms conspiracy and murder charges.
U.S. District Judge Susie Morgan sentenced both defendants to serve the remainder of their lives in prison.
In August 2015, DELOYD JONES, BYRON JONES and Sidney Patterson were convicted following an 8-day trial. According to evidence presented at trial, the defendants were members of the “Ride or Die” gang, which they also referred to as “R.O.D.” The Ride or Die gang was initially formed in or about 2007 and continued to exist through in or about 2013. During the course of the federal investigation into the gang, agents learned that the defendants used a house, located at 1632 Mandeville Street, among other locations, as a base of operations to package, sell, and store narcotics, as well as store firearms. The gang controlled the St. Roch neighborhood for its narcotics distribution activities through violence and threats of violence, to include murder, attempted murder, and assaults. The jury found DELOYD JONES guilty of four attempted murders and two murders. BYRON JONES was found guilty of two attempted murders and one murder.
The defendants were three of twelve defendants charged with conspiring to distribute cocaine base and possess firearms in furtherance of their drug trafficking crimes. Prior to trial, nine defendants pled guilty to various charges. ANDREALIE LEWIS was previously sentenced to 48 months incarceration; TYONE BURTON was previously sentenced to 121 months of incarceration; ERVIN SPOONER was previously sentenced to 108 months of incarceration; PERRY WILSON was previously sentenced to 108 months of incarceration; TRE CLEMENTS was previously sentenced to 96 months of incarceration; NYSON JONES was previously sentenced to 87 months of incarceration; ROMALIS PARKER was previously sentenced to 70 months of incarceration; TYRONE BURTON was previously sentenced to 60 months of incarceration; and MORRIS SUMMERS was previously sentenced to 60 months of incarceration. SIDNEY PATTERSON, a/k/a “Duda Man,” age 24, is awaiting sentencing.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter. As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD); Orleans Parish District Attorney’s Office (DA); Orleans Parish Sheriff’s Office (OPSO); Louisiana State Police (LSP); Parole Board of the Louisiana Department of Corrections; United States Attorney’s Office (USAO); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); United States Marshal’s Service (USMS); and the United States Probation & Parole Office for the Eastern District of Louisiana. The case was prosecuted by Assistant United States Attorneys Nolan D. Paige and Marquest Meeks, along with former Special Assistant United States Attorney Brian Ebarb, who was assigned from the Orleans Parish District Attorney’s Office.
Rapid City Woman Indicted for Social Security FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Social Security Fraud.
Melissa Dale, a/k/a Melissa Larvie, a/k/a Melissa M. White Bull, age 35, was indicted on November 17, 2015. Dale appeared before U.S. Magistrate Judge Daneta Wollmann on May 2, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Dale receiving treatment at the Rapid City Indian Health Service on September 29, 2015, after registering under a false name and false social security number.
The charge is merely an accusation and Dale is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Dale was released on bond pending trial. A trial date has been set for July 5, 2016.
Rapid City Man Sentenced to 240 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jason Barton, age 38, was sentenced to 240 months in custody, followed by 10 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Barton was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on February 18, 2015. He pleaded guilty on January 27, 2016.
From January 2014 through February 2016, Barton conspired with others to distribute, and distributed more than 500 grams of methamphetamine within South Dakota.
This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, Rapid City Police Department, Paul Bunyan Drug Task Force, White Earth Minnesota Police Department, Mahnomen County Sheriff’s Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Barton was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Conspiracy to Distribute Methamphetamine and Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Jonathon Nelson, age 24, was indicted on April 19, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 26, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund.
From January 2014 through April 2016, Nelson conspired and agreed with others to possess and distribute 50 grams or more of methamphetamine within the District of South Dakota. Additionally, on August 15, 2014, Nelson was in the possession of a firearm after having been previously convicted of a misdemeanor crime of domestic violence.
The charges are merely an accusation and Nelson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotics Enforcement Team, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration, South Dakota Division of Criminal Investigation, the Pennington County Sheriff’s Department, and the Rapid City Police Department. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Nelson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for July 5, 2016.
President Obama Grants CommutationsRead the Press Release
Today, President Barack Obama granted commutation of sentence to the following 58 individuals:
- Jasmine Allen – Bunnell, FL
Offense: Conspiracy to distribute 50 grams or more of cocaine base; manage or control a residence for the purpose of unlawfully manufacturing, storing and distributing a controlled substance; distribution of five grams or more of cocaine base; Middle District of Florida
Sentence: 235 months' imprisonment; five years' supervised release (November 5, 2008); amended to 188 months' imprisonment (February 29, 2016)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Timothy Antjuan Augustus – Hampton, VA
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine base and cocaine; Eastern District of Virginia
Sentence: 210 months' imprisonment; five years' supervised release (March 1, 2007)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Shannon Lee Blake – Phoenix, AZ
Offense: Conspiracy to possess with intent to distribute and to distribute methamphetamine; possession with intent to distribute methamphetamine; District of Wyoming
Sentence: 240 months' imprisonment; 10 years' supervised release; $1,000 fine (July 2, 2007)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Steven Bernard Boyd – Augusta, GA
Offense: Conspiracy to distribute and to possess cocaine and cocaine base with intent to distribute; distribution of cocaine hydrochloride (three counts); possession of cocaine and cocaine base with intent to distribute; Southern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (September 29, 1998)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Donald Brooks – West Point, GA
Offense: Conspiracy to possess with intent to distribute at least five kilograms of cocaine and at least 50 grams of cocaine base; Northern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (October 18, 2002)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Eddie Brown – Washington, DC
Offense: Unlawful possession with intent to distribute 50 grams of cocaine base; District of Columbia
Sentence: Life imprisonment; (September 20, 1990)
Commutation Grant: Prison sentence commuted to expire on May 5, 2017.
- Charles C. Brown – Providence, RI
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base; possession with intent to distribute more than 50 grams of cocaine base, aiding and abetting; possession with intent to distribute more than five grams of cocaine base; District of Rhode Island
Sentence: Life imprisonment; 10 years' supervised release (May 20, 2004)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Aundra Coats – Cleveland, OH
Offense: Distribution of cocaine base; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (June 21, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Jacob George Colbert – Richmond, CA
Offense: Conspiracy to possess with intent to distribute in excess of 50 grams of cocaine base; District of Minnesota
Sentence: 235 months' imprisonment; five years' supervised release (December 8, 2005)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Dwayne Berman Cooper – Miami, FL
Offense: Conspiracy to possess cocaine with intent to manufacture cocaine base; possession with intent to distribute cocaine base; possession of cocaine with intent to manufacture cocaine base; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (August 27, 1996)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Marion Clarence Cooper – Miami, FL
Offense: Possession with intent to distribute a controlled substance and aiding and abetting; District of South Carolina
Sentence: Life imprisonment; 10 years' supervised release (November 12, 1996)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Vernon Copeland – Smyrna, GA
Offense: Conspiracy to distribute cocaine; laundering of monetary instruments (three counts); Northern District of Georgia
Sentence: 360 months' imprisonment; five years' supervised release (May 19, 1992)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Wade Cutchen – Newport News, VA
Offense: Conspiracy to possess with intent to distribute and distribute heroin and cocaine; possession with intent to distribute heroin; Eastern District of Virginia
Sentence: 324 months' imprisonment; five years' supervised release (September 15, 2000); amended to 262 months' imprisonment (May 19, 2015)
Commutation Grant: Prison sentence commuted to expire on February 2, 2017.
- Roberto Antonio Davila – San Antonio, TX
Offense: Conspiracy to possess with intent to distribute marijuana; distribution of marijuana and aiding and abetting said offense; Western District of Texas
Sentence: Life imprisonment; three years' supervised release (February 28, 1995)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Efrem Rahoman Douglas – Knoxville, TN
Offense: Possession with intent to distribute 50 grams or more of cocaine base; Eastern District of Tennessee
Sentence: 300 months' imprisonment; 10 years' supervised release (September 19, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Thomas Farmer – Cincinnati, OH
Offense: Possession with intent to distribute cocaine base; Eastern District of Kentucky
Sentence: Life imprisonment; (December 7, 1995)
Commutation Grant: Prison sentence commuted to expire on May 5, 2017.
- Roy Geer – Tavanier, FL
Offense: Conspiracy to import cocaine; attempt to import cocaine; conspiracy to possess with intent to distribute cocaine; attempt to possess with intent to distribute cocaine; Southern District of Florida
Sentence: 252 months' imprisonment; 10 years' supervised release, $8,500 fine (May 24, 2004)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Christopher Gulley – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (June 12, 1996)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Jamal Hanson – Temple Hills, MD
Offense: 1. Distribution of 50 grams or more of cocaine base; District of Columbia
2. Possession of contraband in federal prison; District of New Jersey
Sentence: 1. 262 months' imprisonment; five years' supervised release (August 2, 2002)
2. Eight months’ imprisonment (July 16, 2004)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Antonio Nicholas Hill – Taylors, SC
Offense: Possession with intent to distribute 50 grams or more of cocaine base; District of South Carolina
Sentence: 240 months' imprisonment; 10 years' supervised release (June 15, 2006)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Carla Yvette Holte – Largo, FL
Offense: Conspiracy to distribute 50 grams or more of cocaine base; conspiracy to possess with intent to distribute five kilograms or more of cocaine; distribution of five grams or more of cocaine base (two counts); possession with intent to distribute 500 grams or more of cocaine; Middle District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (November 2, 2001)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Corey D. Howard – Indianapolis, IN
Offense: Conspiracy to possess with intent to distribute and to distribute in excess of five kilograms of cocaine (mixture); Southern District of Indiana
Sentence: 240 months' imprisonment; 10 years' supervised release; $2,000 fine (February 9, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- George Howard Jones – Raleigh, NC
Offense: Conspiracy to possess with intent to distribute and distribute cocaine base and cocaine; Eastern District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (August 22, 1996)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Joseph John Jones – Tarpon Springs, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of a mixture containing cocaine and 50 grams or more of cocaine base; Middle District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release (August 6, 2007)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Twaine Jones – Washington Park, IL
Offense: Possession with intent to distribute cocaine; possession with intent to distribute cocaine hydrochloride; possession with intent to distribute marijuana; Southern District of Illinois
Sentence: 360 months' imprisonment; five years' supervised release, $5,000 fine (November 6, 2000); amended to 324 months' imprisonment (October 29, 2008)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Abbas Rauf Kareem – Daytona Beach, FL
Offense: Possession with intent to distribute cocaine base; Middle District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release (June 12, 2008)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Kenneth W. Kemp – Guttenberg, NJ
Offense: Conspiracy to distribute and possession with intent to distribute cocaine and cocaine base; distribution of cocaine base (three counts); did cause interstate travel in aid of racketeering (two counts); possession with intent to distribute cocaine; distribution of cocaine; Eastern District of Virginia
Sentence: Life imprisonment; five years' supervised release (April 11, 1994)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Tomma Jean Kent – Des Moines, IA
Offense: Conspiracy to distribute methamphetamine; Southern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (September 21, 2007)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Rick Lee Lamere – Bellingham, WA
Offense: Conspiracy to possess methamphetamine with intent to distribute; District of Montana
Sentence: 460 months' imprisonment; 10 years' supervised release (January 13, 2005); amended to 320 months' imprisonment, 10 years' supervised release (January 11, 2007)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Ohara Linear Laws – Houston, TX
Offense: Possession with intent to distribute 50 grams or more of cocaine base; Southern District of Texas
Sentence: 282 months' imprisonment; 10 years' supervised release (September 19, 2003); amended to 240 months' imprisonment (May 8, 2008)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Larry Lewis – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; possession with intent to distribute cocaine; possession with intent to distribute cocaine base; Northern District of Florida
Sentence: 360 months' imprisonment; 10 years' supervised release; $1,000 fine (October 20, 1999); amended to 324 months’ imprisonment (June 18, 2006); amended to 262 months' imprisonment (July 2, 2015)
Commutation Grant: Prison sentence commuted to expire on May 5, 2017.
- Trevis Love – Harriman, TN
Offense: Conspiracy to distribute and possession with the intent to distribute five kilograms or more of cocaine; Eastern District of Tennessee
Sentence: 240 months' imprisonment; 10 years' supervised release (June 27, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Leonard Mason – Claymont, DE
Offense: Conspiracy to distribute five kilograms or more of cocaine; distribution and possession with intent to distribute cocaine; Eastern District of Pennsylvania
Sentence: 240 months' imprisonment; 10 years' supervised release; $2,500 fine (February 2, 2011)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Christopher Dale Masters – Broken Bow, OK
Offense: Maintaining a place for purpose of manufacturing, distributing, and using methamphetamine; Eastern District of Oklahoma
Sentence: 240 months' imprisonment; three years' supervised release (March 10, 2005); amended to 235 months' imprisonment (February 29, 2016)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Stanford Mathis – Valdosta, GA
Offense: Distribution of more than 50 grams of cocaine base; Middle District of Georgia
Sentence: 240 months' imprisonment; 10 years' supervised release (December 18, 2003)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Maurice Matthews – Katy, TX
Offense: Distribution of 50 grams or more of cocaine base; Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (April 29, 2009)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Michael Tyree Mays – North Las Vegas, NV
Offense: Possession with intent to distribute cocaine; Central District of California
Sentence: 360 months' imprisonment; eight years' supervised release (May 13, 1999)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Javier Mendoza – Pharr, TX
Offense: Conspiracy to possess with intent to distribute more than five kilograms of cocaine; possession with intent to distribute 1,264 kilograms of cocaine; Southern District of Texas
Sentence: Life imprisonment; 10 years' supervised release (August 25, 1998)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Jerome Lee Menefee – Montgomery, AL
Offense: Possession with intent to distribute cocaine base; Central District of California
Sentence: 240 months' imprisonment; 10 years' supervised release (October 24, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Michelle Miles – Brooklyn, NY
Offense: Conspiracy to distribute and possess with intent to distribute heroin and cocaine base; distribute and possess with intent to distribute cocaine base; Eastern District of New York
Sentence: 360 months' imprisonment; five years' supervised release (March 24, 2000)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Troy Lamar Morton – Iron Station, NC
Offense: Conspiracy to possess with intent to distribute cocaine, methamphetamine, and marijuana; Western District of North Carolina
Sentence: 240 months' imprisonment; 10 years' supervised release (November 18, 2003)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Cintheia Denise Parra – Memphis, TN
Offense: Possess with intent to distribute in excess of 500 grams of methamphetamine; Northern District of Mississippi
Sentence: 235 months' imprisonment; five years' supervised release (September 21, 2006); amended to 188 months' imprisonment (March 18, 2015)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Gerardo Gilberto Rivera – Brownsville, TX
Offense: Possession with intent to distribute 11.02 kilograms of methamphetamine; Southern District of Texas
Sentence: 235 months' imprisonment; five years' supervised release (June 8, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Jessie Lee Robinson – Jefferson City, MO
Offense: Distribution of cocaine base (two counts); possession with intent to distribute cocaine base; Western District of Missouri
Sentence: Life imprisonment; 10 years' supervised release (November 15, 2005)
Commutation Grant: Prison sentence commuted to expire on May 5, 2018.
- Alberto A. Rosales, Sr. – Miami, FL
Offense: Continuing criminal enterprise; importation of marijuana; attempted importation of marijuana; possession with intent to distribute heroin (three counts); Southern District of Florida
Sentence: 85 years' imprisonment; three years' special parole (March 29, 1989); amended to 70 years' imprisonment (October 28, 1992)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Artrez Nyroby Seymour – Chicago Heights, IL
Offense: Narcotics conspiracy; Northern District of Illinois
Sentence: 300 months' imprisonment; 10 years' supervised release (September 21, 2005); amended to 240 months' imprisonment (March 3, 2016)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Larry Simmons – Savannah, GA
Offense: Conspiracy to possess with intent to distribute and to distribute more than 50 grams of crack cocaine; distribution of more than 5 grams of crack cocaine (two counts); Southern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (April 21, 2003)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Lavelle Span – Milwaukee, WI
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (two counts); Western District of Wisconson
Sentence: 372 months' imprisonment; five years' supervised release (May 26, 1999)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Jerome Clarence Sumral – Los Angeles, CA
Offense: Conspiracy to possess with intent to distribute 50 grams or more of methamphetamine; District of Hawaii
Sentence: 20 years' imprisonment; 10 years' supervised release (June 20, 2005)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Golden Sutton – Henderson, KY
Offense: Conspiracy to manufacture, possess with intent to distribute in excess of 50 grams of cocaine base; possession of cocaine with intent to distribute; Southern District of Indiana
Sentence: 300 months' imprisonment; 10 years' supervised release (October 28, 2002)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- John Herbert Talley – Chattanooga, TN
Offense: Conspiracy to possess with the intent to distribute and distribute cocaine base; use of a communications facility to wit: the telephone, to facilitate the commission a felony (two counts); Eastern District of Tennessee
Sentence: Life imprisonment; 10 years' supervised release (December 4, 1995)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Derrick Terry – Chicago, IL
Offense: Possession with intent to distribute cocaine base; Northern District of Illinois
Sentence: 262 months' imprisonment; five years' supervised release (January 29, 2003)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- David Anthony Trotter – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (October 15, 1993)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Jedrek W. Underwood – Houston, TX
Offense: Possession with intent to distribute 50 grams or more of cocaine base and aiding and abetting; conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Southern District of Texas
Sentence: 240 months' imprisonment; 10 years' supervised release (March 8, 2004)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Chela H. Urbina – Boynton Beach, FL
Offense: 1. Conspiracy to import cocaine; importation of cocaine; possession with intent to distribute cocaine; possession with intent to distribute a mixture containing cocaine (Southern District of Florida)
2. Conspiracy to possess with intent to distribute narcotics (Southern District of New York)
Sentence: 1. 360 months’ imprisonment; five years’ supervised release (November 14, 1995)
2. 27 months’ imprisonment (concurrent); three years’ supervised release (May 1, 1997)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Fulton Leroy Washington – Compton, CA
Offense: Conspiracy to manufacture phencyclidine; possession of piperidinocyclohexane-carbonitrile with intent to manufacture PCP; attempt to manufacture PCP; Central District of California
Sentence: Life imprisonment; five years' supervised release (October 10, 1997)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Bill Westcott – Candler, NC
Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (December 19, 1991)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Wayland Thomas Wilson – Dallas, TX
Offense: Conspiracy; use of a communication facility (three counts); money laundering and aiding and abetting; Northern District of Texas
Sentence: 444 months' imprisonment; three years' supervised release; $25,000 fine (November 12, 1993)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
- Jasmine Allen – Bunnell, FL
Plaquemines Parish Resident Charged with Defrauding the Gulf Coast Claims FacilityRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SHANQUITTA JONES-DILLON, age 40, of Buras, Louisiana, was charged today in a one-count Bill of Information with wire fraud.
According to documents filed in federal court, JONES-DILLON filed a false claim for damages arising out of the BP Oil Spill in 2010. As part of the scheme to defraud, JONES-DILLON submitted false documents to the Gulf Coast Claims Facility (GCCF) during the claims process. The fraudulent claim submitted by JONES-DILLON caused the GCCF to release over $63,000 in damage payments to JONES-DILLON.
JONES-DILLON faces a maximum penalty of twenty years imprisonment and/or a fine of $250,000, or the greater of twice the gross gain to the defendant or twice the gross loss to the victim.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Secret Service in investigating this matter. Assistant United States Attorney Richard R. Pickens, II is in charge of the prosecution.
Pittsburgh Man Sentenced for Role in Cocaine Trafficking ConspiracyRead the Press Release
PITTSBURGH - A Pittsburgh resident has been sentenced in federal court to 60 months’ probation with 12 months’ home detention on his conviction of conspiracy to distribute a quantity of crack cocaine, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on Harold Neal, 54.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Harold Neal was intercepted over the wire conspiring with others to possess with intent to distribute and distribute crack cocaine, which was shipped from California in powder form to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Neal.
Pine Ridge Man Sentenced to 24 Months for Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on April 18, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Isaac Roubideaux, age 23, was sentenced to 24 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Roubideaux was indicted by a federal grand jury on May 19, 2015, for three counts of Sexual Abuse of a Minor. On September 18, 2015, he pled guilty to sexually abusing a minor.
Roubideaux sexually abused a minor on October 27, 2013, at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Rudolph Twiss, a/k/a Rudy Twiss, age 19, was indicted on April 19, 2016. He appeared before U.S. Magistrate Judge Daneta Wollman on April 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each Count is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an incident that occurred in Pine Ridge on September 13, 2015, where Twiss assaulted the victim with a knife, which resulted in serious bodily injury.
The charge is merely an accusation and Twiss is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, and Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Twiss was released on bond pending trial. A trial date has been set for June 28, 2016.
Philadelphia Man Charged with Robbing BankRead the Press Release
PHILADELPHIA - Michael A. Dunn, 56, of Philadelphia, was charged today by indictment with one count of bank robbery, announced United States Attorney Zane David Memeger. The indictment charges that, on April 20, 2016, Robinson robbed the TD Bank at 1500 JFK Boulevard in Philadelphia.
If convicted of all charges, Dunn faces a statutory maximum sentence of 20 years in prison, a possible fine, a period of supervised release, and a $100 special assessment.
This case was investigated by the FBI, and is being prosecuted by Assistant United States Attorney Joan E. Burnes.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Man Sentenced to 8 Years for Illegally Possessing FirearmRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Lonnie Ball, 28, of Pennsylvania, was sentenced today in U.S. District Court by Judge D. Brock Hornby to 8 years in prison and three years of supervised release for being a felon in possession of a firearm. He pled guilty on November 16, 2015.
According to court records, on January 29, 2015, Ball was found by police during a routine traffic stop in possession of a loaded .40 caliber pistol with an obliterated serial number. Ball’s criminal history includes 2009 and 2012 convictions in Pennsylvania for Robbery and Possession with Intent to Distribute a Controlled Substance.
Judge Hornby stated that he imposed a lengthy sentence due to the “need to protect the public in light of the serious criminal history Mr. Ball has been accumulating.”
The investigation was conducted by the Portland Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Panamanian National Arrested in Colombia for Money Laundering ConspiracyRead the Press Release
Nidal Ahmed Waked Hatum, a/k/a “Nidal Waked,” 46, of Panama, was arrested yesterday in Bogota, Colombia on a federal criminal indictment filed in United States District Court in the Southern District of Florida, charging him with participating in a conspiracy to launder money and bank fraud.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, United States Drug Enforcement Administration (DEA), Miami Field Division, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
On March 24, 2015, an indictment was filed against Waked in the Southern District of Florida, charging two counts of conspiracy to commit money laundering, in violation of Title 18, United States Code Section 1956(h) and bank fraud, in violation of Title 18, United States Code Section 1344. Waked, a Panamanian national, is designated a Consolidated Priority Organization Target (“CPOT”) by the Department of Justice, a designation given to the most significant money launderers and drug traffickers in the world.
According to the indictment, Waked conspired with others to engage in monetary transactions through financial institutions affecting foreign commerce, involving funds derived from illegal drug trafficking activities and fraud on a foreign bank, and with transporting funds into and out of the United States with the intent to promote fraud on a foreign bank. The indictment further charges that Waked conspired to conduct financial transactions involving the proceeds of unlawful activity, with the intent to disguise the nature, source, ownership, and control of those finds and charges that Waked conspired to transfer funds into and out of the United States knowing that the funds represented proceeds of drug trafficking and knowing that the transfer was designed in part to conceal and disguise the nature of those proceeds. Additionally, the indictment charges that Waked devised a scheme to defraud a bank through false representations designed to obtain a lower rate of interest on an open line of credit extended to him by a bank located in Miami, Florida. Waked misrepresented the nature of funds he was moving through an account in the Miami bank as being funds borrowed from a competing bank at a lower interest rate.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
U.S. Attorney Ferrer commended the investigative efforts of the DEA Homestead Resident Office and FBI and recognized the assistance provided by the Justice Department’s Office of International Affairs. The Panamanian authorities have been informed of this action and Panamanian and U.S. authorities will coordinate going forward. This case is being prosecuted by Assistant U.S. Attorney Frank H. Tamen.
An indictment is merely an allegation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Owner of Security Camera Company Arrested on Child Exploitation ChargesRead the Press Release
NEWPORT NEWS, Va. – Larry Dean Drommerhausen, 53, of Newport News, owner of Independent Systems, a Newport News business that installs video surveillance equipment, has been arrested and charged with production of child pornography. Drommerhausen appeared in U.S. district court in Norfolk this afternoon for his detention hearing.
According to court documents and court proceedings, Drommerhausen came to the attention of the FBI after numerous files containing child pornography were downloaded from his computer. On April 4, law enforcement executed a search warrant at his home and interviewed Drommerhausen, in addition to seizing numerous electronic devices. During the interview, Drommerhausen stated he owns a business that installs regular and hidden cameras, and that he had seen child pornography on hidden camera forums online. He also stated that he has adopted a child and has been a foster parent for numerous children who have been physically or sexually abused.
The FBI’s Norfolk Field Office is asking for the public’s help in identifying any additional potential victims. Individuals with information regarding this case should contact the FBI at (757) 609-2398.
Drommerhausen faces a mandatory minimum of 15 years in prison and a maximum penalty of 30 years in prison, if convicted. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after Drommerhausen’s detention hearing before U.S. Magistrate Judge Robert J. Krask. Assistant U.S. Attorneys Lisa R. McKeel and Megan M. Cowles are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16-mj-78.
Officials Take Down Gang-Affiliated Drug Traffickers; Remove Methamphetamine, Heroin and Guns from the StreetRead the Press Release
Assistant U. S. Attorneys Andrew Haden (619) 546-6961 and Seth Askins (619) 546-6692
NEWS RELEASE SUMMARY – May 5, 2016
SAN DIEGO – As residents of the Skyline neighborhood expressed gratitude, federal agents arrested 18 suspected gang members and associates who are charged with gun and drug-trafficking crimes in federal grand jury indictments unsealed yesterday and today.
The majority of arrests occurred in the Skyline and Paradise Hills neighborhoods – areas historically plagued by gang violence. Just days ago, a shooting at nearby Emerald Hills Park left one person dead on May 1, and two days later there was an officer-involved shooting a few miles away.
Following a yearlong investigation and a two-day sweep that concluded this morning, 25 defendants were charged and six firearms were taken off the streets. Over 1,500 grams of methamphetamine and 248 grams of heroin were also seized as part of the investigation. Seven defendants are still at large.
The two indictments describe four different conspiracies with overlapping players, including individuals with ties to criminal street gangs, including Skyline, the Samoan Bloods, Kalaban, the Stateside Islanders, the Paradise Hills Locos, Logan Heights, Old Town National City, National City Southside Mob, Trust No Soul, and Lincoln Park.
According to the indictments and a search warrant affidavit, most defendants were drug traffickers selling methamphetamine. Some of the conspiracies involved the importation of methamphetamine and heroin from Mexico. Some of the defendants were felons in possession of firearms.
According to federal agents, during the execution of the search warrant at a residence on Brookhaven Road, several members of the community thanked law enforcement for their efforts in helping make the community safer.
“Methamphetamine is ravaging our communities, and it’s not just users who are suffering,” said U.S. Attorney Laura Duffy. “Residents in these meth- and gang-infested areas deserve to live in peace, free of gunfire, violence and fear.”
“HSI and our law enforcement partners have successfully disrupted a contraband smuggling operation linked to several San Diego-area gangs,” said Dave Shaw, special agent in charge for HSI San Diego. “As part of this joint investigation, we have dealt a serious blow to violent gang organizations. Combating violent crime to make our communities safe is a top priority.”
“Competition between these dealers over control of the drug trade, combined with criminal street gang influence, was creating a dangerous environment for our entire community,” said San Diego Police Chief Shelley Zimmerman. “The success of this joint operation with our law enforcement partners has made our neighborhoods safer.”
Eleven defendants were arraigned in federal court today and one yesterday before U.S. Magistrate Judge Nita L. Stormes.
DEFENDANTS
United States v. Ortiz, et al, 16-CR-874-JAH
FRANCISCO JAVIER ORTIZ-LUNA (1) – 33 years old
JAVIER HERNANDEZ (2) – 23 years old
YARELI MAGNOLIA NORIEGA (3) – 27 years old
JASMINE EUNIQUE RIPP (4) – 29 years old
*JULIO ALBERTO ONTIVEROS (5) – 38 years old
SUMMARY OF CHARGES
Title 21, U.S.C., Secs. 952, 960, 963 Conspiracy to Import Controlled Substances - Life
Title 21, U.S.C., Secs. 841(a)(1) and 846 B Conspiracy to Distribute Methamphetamine - Life
Title 21, U.S.C., Secs. 952 and 960 Importation of Methamphetamine – 20 years
Title 21, U.S.C., Sec. 841(a)(1)- Possession of Methamphetamine with Intent to Distribute – 40 years
Title 21, U.S.C., Secs. 952 and 960 B Importation of Heroin – 40 years
Title 21, U.S.C., Sec. 841(a)(1)- Possession of Heroin with Intent to Distribute – 20 years
DEFENDANTS
United States v. Usini, et al., 16-CR-875-JAH
FILI USINI (1) - 42 years old
VIRGILIO SORIANO VILLEGAS (2) – 43 years old
CARL DELANDO BRANDON (3) – 45 years old
DEANDRE COOK (4) – 46 years old
FRANC LESTER BULARAN (5) – 35 years old
ANTHONY VELARDE (6) – 31 years old
KRISTOFFER UMALI MACALMA (7) – 29 years old
BICENTENNIAL POUTOA (8) – 39 years old
VICTOR CERVANTES (9) – 42 years old
*JORGE ARMANDO SALAS (10) – 44 years old
*MAURICE SCOTT (11) – 45 years old
JAMES GILLESPIE (12) – 47 years old
KEITH IAULUALO (13)- 33 years old
LONNIE DARNELL ANDERSON (14) – 47 years old
TERRENCE ANDERSON (15) – 46 years old
*PATRICK JEFFREY DIBBLE (16) – 42 years old
*KEMONDRE HAMILTON (17) – 35 years old
*RICHARD BELCHER (18) – 53 years old
LAVONN WILLIAM HALL (19) – 45 years old
*ANITA VILLALBA (20) – 53 years old
SUMMARY OF CHARGES
Title 21, U.S.C., Secs. 841(a)(1) and 846 B Conspiracy to Distribute Methamphetamine – Life
Title 21, U.S.C., Sec. 841(a)(1)- Possession of Methamphetamine with Intent to Distribute – Life
Title 18, U.S.C., Sec 922(g)(1) – Felon in Possession of a Firearm – 10 years
Title 21, U.S.C., 853, Title 18, U.S.C., 924(d), and Title 28, U.S.C., 2461(c) – Criminal Forfeiture
AGENCY
Immigration and Customs Enforcement’s Homeland Security Investigations
San Diego Police Department
Drug Enforcement Administration
Bureau of Alcohol Tobacco Firearms and Explosives
San Diego Sheriff’s Department
San Diego County Probation Department
El Cajon Police Department
San Diego County District Attorney’s Office
U.S. Bureau of Prisons
*Fugitives
The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Novato Resident Charged in Id Theft Tax Fraud SchemeRead the Press Release
SAN FRANCISCO – Parnian Djafarzadeh, aka Parnian Clark, aka Saundra Djafarzadeh, was charged with possession of stolen mail, false claims, wire fraud, and aggravated identity theft announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf.
According to the indictment, Djafarzadeh prepared and filed 2010 and 2011 federal income tax returns in the names of other individuals who were not entitled to the claimed tax refunds. Djafarzadeh knew the claims for refunds were false and that the individuals were not entitled to the refunds that were being requested. The defendant was also charged with unlawfully having in her possession a check addressed to another individual that had been stolen or taken from the mail receptacle.
Djafarzadeh, of Novato, was indicted on April 21, 2016. She was charged with one count of possession of stolen mail, fourteen counts of false claims, three counts of wire fraud, and three counts of aggravated identity theft. She was arrested this morning and made her initial appearance before United States Magistrate Judge Elizabeth D. Laporte in San Francisco. She is being held pending a detention hearing before Magistrate Judge Laporte scheduled for May 10, 2016.
The maximum statutory penalty for possession of stolen mail, in violation of 18 U.S.C. § 1708, is five years in prison and a fine of $250,000. The maximum sentence for false claims, in violation of 18 U.S.C. § 287, is five years in prison and a fine of $250,000. The maximum sentence for wire fraud, in violation of 18 U.S.C. § 1343, is twenty years in prison and a fine of $250,000. The maximum sentence for aggravated identity theft, in violation of 18 U.S.C. § 1028A, is two years in prison—to be served consecutively to the underlying felony—and a $250,000 fine. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Thomas Moore is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
New Jersey Man Pleads Guilty to Committing Perjury While Testifying Before Nashville Grand JuryRead the Press Release
Michael D. Tangredi, 55, of Toms River, New Jersey, pleaded guilty today to one count of perjury, announced United States Attorney David Rivera. During a hearing before U.S. District Judge Aleta A. Trauger, Tangredi admitted lying to a federal grand jury that had been investigating his son, Michael G. Tangredi, for conduct concerning fraudulent credit card transactions.
In 2013, Tangredi’s son was indicted on various charges, including money laundering, in connection with his alleged use of an American Express card to process more than $1,000,000 in fraudulent transactions. During his trial in April 2014, Michael G. Tangredi pleaded guilty to one count of money laundering, after testimony had shown that he had used funds acquired from the fraudulent American Express transactions to purchase a Maserati, a Bentley, and a restaurant in Hawaii.
During his plea hearing, Michael D. Tangredi admitted that he knowingly gave false testimony before the grand jury regarding the Maserati that had been purchased with fraudulently-acquired funds. Specifically, Tangredi admitted that he lied under oath to the grand jury when he testified that he was the person who had purchased this Maserati, whereas, in reality his son had purchased the automobile with fraudulently-derived funds. Tangredi further admitted that he had intended to testify untruthfully at his son’s trial.
Tangredi faces up to 5 years in prison and a fine of up to $250,000. He will be sentenced by Judge Trauger on August 22, 2016. His sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
The case was investigated by the U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorney William F. Abely.
New Jersey Man Charged with Illegal ReentryRead the Press Release
PHILADELPHIA - Gokhan Ayaz, 34, of Maple Shade, New Jersey, was charged today by Indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about April 4, 2016, Ayaz, an alien, and native and citizen of Turkey, was found in the United States after having been deported from the United States on or about March 11, 2013.
If convicted, the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”) and United States Customs and Border Protection (“CBP”), and is being prosecuted by Assistant United States Attorney Andrea Foulkes.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Montgomery County Resident Charged with Illegal ReentryRead the Press Release
Melkin Andeldo Estrada-Hernandez, a/k/a “Melkin Aneldo Estrada,” 30, of Oreland, PA, was charged today by Indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about March 28, 2016, Estrada-Hernandez, an alien, and native and citizen of Guatemala, was found in the United States after having been deported from the United States on or about June 28, 2012.
If convicted the defendant faces a statutory maximum sentence of 20 years in prison, a possible fine, a period of supervised release, and a $100 special assessment.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Joan E. Burnes.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Milwaukee Woman Pleads Guilty to Converting Supplemental Security Income Payments Intended for the Use and Benefit of OthersRead the Press Release
Today, Gregory J. Haanstad, the United States Attorney for the Eastern District of Wisconsin, announced that Theresa Anthony (age 38) of Milwaukee, Wisconsin, entered a plea of guilty in federal court. Anthony pleaded guilty to a one-count indictment that charged her with converting Supplemental Security Income (“SSI”) payments to a use other than for the use of the intended beneficiaries, in violation of Title 42, United States Code, Section 408(a)(5). The offense has maximum penalties of five years’ imprisonment, a $250,000 fine, and three years’ of supervised release. Anthony will be sentenced before the Honorable Lynn S. Adelman on August 5, 2016.
SSI benefits are payable under Title XVI of the Social Security Act for aged, blind, and disabled persons with little or no income or resources. A “representative payee” is an individual or organization appointed by the Social Security Administration to receive and manage the SSI benefits of another person.
The indictment against Anthony charged that she acted through an entity known as City Transformation, Ltd., which successfully applied to serve as representative payee to receive and manage SSI benefit payments on behalf of numerous disabled or otherwise-qualified beneficiaries in Milwaukee, Wisconsin. In her role as Executive Director of City Transformation, Ltd., Anthony converted SSI payments received by City Transformation, Ltd. and intended for the use and benefit of others to her own use and that of City Transformation, Ltd.
Specifically, as part of her plea, Anthony has admitted that on or about March 18, 2011, she diverted SSI payments from a collective representative payee account maintained by City Transformation, Ltd. to a general business account maintained by City Transformation, Ltd., and then withdrew approximately $22,364.93 from that general account so that City Transformation, Ltd. could purchase Milwaukee real estate from the defendant.
Anthony has also admitted that the March 18, 2011 transactions were part of an ongoing course of conduct involving the misuse of SSI funds. As part of her plea, she has agreed to pay restitution in the amount of approximately $250,000.
The case was investigated by the Social Security Administration, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Jonathan H. Koenig.
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Member of Heroin Conspiracy Pleads GuiltyRead the Press Release
ROANOKE, VIRGINIA – A man who conspired with others to distribute heroin pled guilty today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
Jesse Ray Little, pled guilty today to one count of conspiring to distribute 100 grams or more of heroin. The defendant faces a maximum possible penalty of up to 40 years in prison.
“Heroin continues to destroy our communities and we will continue to work with our partners in law enforcement to prosecute those who deal this deadly drug as well as provide treatment and prevention services to those in need,” United States Attorney John P. Fishwick Jr. said today.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bedford County Sheriff’s Office and the Virginia State Police. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Media Alert: 13th Annual Project Sentry Logo Contest Winners AnnouncedRead the Press Release
Contact Person: D. Josev Brewer (864) 282-2100
Columbia, South Carolina ---- United States Attorney Bill Nettles announced today the winners of the United States Attorney's Office 13th Annual Project Sentry Logo Contest. The winners are from the following schools:
K-2nd grade division winner: Ean Bane, Ocean Drive Elementary, North Myrtle Beach, SC
3rd-5th grade division winner: Kaden Crawford, Reuben Elementary, Newberry, SC
6th-8th grade division winner: Elias Ryans, Westview Middle School, Greenwood SC
9th-12th grade division winner: Elody Bensch, Waccamaw High School, Pawley’s Island SC
Overall winner: Elias Ryans, Westview Middle School, Greenwood SCThe winners were chosen from one hundred and ten (110) entries from thirteen (13) schools across South Carolina. Each division winner will receive a $50.00 award, with the overall winner receiving an additional $50.00 award. All of the students who participated will receive a Certificate of Appreciation for logo submissions.
The statewide contest provides an opportunity for South Carolina students to express their commitment to non-violence and share how they would prevent gun violence in their school. The contest is intended to focus on deterring juvenile gun violence and ensuring secure school environments. The contest was open to students in all South Carolina schools.
Importantly, the winning entries were selected by "The Insiders," a select group of students from the South Carolina Department of Juvenile Justice, who travel throughout the state, encouraging troubled children and promoting community awareness of the prevalence and consequences of juvenile crime. The U.S. Attorney's Office coordinated with the South Carolina Law Enforcement Officers' Association Foundation (SCLEOA) to provide the cash awards to the winners.
Project Sentry, which is part of the district=s Project Safe Neighborhoods/Project CeaseFire program, is a vital step in strengthening our ability to prevent gun crimes among our young people and to ensure a safe learning atmosphere for our children. For more information on the Project Sentry program and to view this year’s winning submissions (also attached below), as well as winning logos over the years, visit http://www.justice.gov/usao/sc/programs/logowinners.html.
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Maryland Man Who Distributed Synthetic Drug That Caused Overdoses at Wesleyan University is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ZACHARY KRAMER, 22, of Bethesda, Maryland, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to eight months of home confinement with outpatient drug treatment, four months of imprisonment, three years of supervised release and a $10,000 fine.
According to court documents and statements made in court, KRAMER and Eric Lonergan were students at Wesleyan in Middletown, Conn. Beginning in approximately November 2013, Lonergan began selling a substance he referred to as both “Molly” and MDMA to students on or in the vicinity of the Wesleyan campus. Lonergan regularly sold Molly from his dorm room, charging approximately $20 per .1 gram, or $200 per gram, Lonergan also counseled students on how to ingest Molly and other psychedelic drugs. At one point in 2014, after the administration at Wesleyan sent out a campus-wide communication warning of the dangers of ingesting controlled substances like Molly, Lonergan responded by distributing a pamphlet instructing students on the use of psychedelic drugs.
In approximately September 2014, KRAMER began purchasing what he believed to be Molly from Lonergan and distributed it to students at Wesleyan. At times, Lonergan used a chemical test on the substance he sold KRAMER to prove to him that he was selling KRAMER high-quality MDMA.
In September 2014, Lonergan was the source of Molly for several students who were planning a “rolling” party at Wesleyan, which is a party where guests ingest Molly. He provided several grams of a substance he represented to be MDMA, in bulk, and another student then distributed it to students in .1 gram capsules. At this party, which occurred on September 13, 2014, several students became ill, some seriously, after ingesting the substance provided by Lonergan. Two of these students were transported to the hospital. After these overdoses, Lonergan sent electronic communications to several students assuring them that the substance he provided to them was indeed MDMA. One of the students who became ill at the party saved one of the capsules she had purchased and turned it over to the Middletown Police in February 2015. A lab test on the contents of that capsule revealed that it did not contain MDMA, but contained two other controlled substances: AB Fubinaca, a Schedule I controlled substance, and 6-MAPB, an analogue of MDMA.
In approximately December 2014, KRAMER became the primary supplier of MDMA at Wesleyan. KRAMER typically sold the MDMA in .1 gram quantities for $20 each or he sold it in 5-gram and 10-gram quantities for a discount, charging $100 or more, depending on the customer and the quantity. During this time period, Lonergan still supplied KRAMER with bulk quantities of MDMA. In approximately January 2015, KRAMER purchased approximately 45 grams of MDMA from Lonergan. KRAMER broke that quantity into 5 and 10-gram bags and distributed those bags to other students who planned to break down the MDMA into .1 gram capsules, sell those capsules to other Wesleyan students, and pay KRAMER for the quantity of the drug he had provided to them.
On February 21, 2015, 11 individuals, including 10 Wesleyan students, overdosed on a substance they believed was MDMA, and many were transported to the hospital. Two of the students were in critical condition, and one of the students had to be revived after his heart stopped. All of these students obtained the purported MDMA through individual distributers who were supplied directly by KRAMER.
Although KRAMER and some of his distributers destroyed the substance identified as Molly that they had in their possession, one of the distributers did not, and that substance was seized by law enforcement officers and sent to the toxicology laboratory for testing. Laboratory analysis confirmed that the powdered substance contained AB Fubinaca.
Kramer and Lonergan were arrested on federal charges on May 22, 2015.
On November 12, 2015, KRAMER pleaded guilty to one count of conspiracy to possess with the intent to distribute, and to distribute, MDMA (“Molly”).
Lonergan pleaded guilty to the same charge on November 30, 2015. He is scheduled to be sentenced on June 15, 2016.
This matter was investigated by the Drug Enforcement Administration and the Middletown Police Department, with the assistance of the State of Connecticut’s Forensic Science Laboratory.
U.S. Attorney Daly acknowledged the support and assistance of the Middlesex State’s Attorney’s Office, which is prosecuting several state cases stemming from these overdose events.
The federal case is being prosecuted by Assistant U.S. Attorney Robert M. Spector and Senior Assistant State’s Attorney Eugene Calistro, who has been cross-designated as a Special Assistant U.S. Attorney in this matter.
Manhattan U.S. Attorney Announces $4.3 Million Settlement of False Claims Act Action Based on New York City Fire Department’s Receipt of Improper Reimbursements from MedicareRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s New York Region (“HHS-OIG”), announced today that the United States has settled civil claims under the False Claims Act against the City of New York (the “City”) related to the receipt by the New York City Fire Department (“FDNY”) of reimbursements for claims for emergency ambulance services that did not meet Medicare’s medical necessity requirement. This matter was brought to the attention of the U.S. Attorney’s Office through a voluntary disclosure by the City.
Manhattan U.S. Attorney Preet Bharara said: “For the Medicare program to function properly and fairly, it is essential that providers be reimbursed only for those services that are covered. For more than four years, the New York City Fire Department received reimbursements for emergency ambulance services that did not meet Medicare’s requirements. We appreciate that the City of New York brought this to our attention, and we believe this settlement to be an appropriate resolution of the problem.”
HHS-OIG Special Agent in Charge Scott L. Lampert said: “HHS-OIG is committed to protecting the Medicare program and the taxpayers who help fund it. This settlement will help ensure that our federal health care programs are utilized properly so they continue to serve those who need them most.”
The FDNY, through its Bureau of Emergency Medical Services, provides emergency ambulance services throughout the City, including to patients eligible for Medicare. FDNY ambulances are dispatched in response to 9-1-1 calls for emergency medical assistance. To receive payment for emergency ambulance services provided to patients eligible for Medicare, the FDNY, through its ambulance billing contractor, submits claims to Medicare containing required information about each service. Emergency ambulance services for patients eligible for Medicare are only reimbursable from Medicare if those services meet Medicare’s medical necessity requirement.
As alleged in a complaint filed on Tuesday, May 3, 2016 in Manhattan federal court, between October 2008 and October 2012, the City consistently received reimbursements for tens of thousands of claims submitted to Medicare for emergency ambulance services that the City had identified as not meeting the Medicare medical necessity requirement. The City was aware that Medicare was paying reimbursements for these claims, but did not take steps to inform Medicare of the reimbursements for more than four years.
In the settlement, approved yesterday by United States District Judge Edgardo Ramos, the City agreed to pay $4.3 million and admitted and accepted responsibility for the following:
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From October 2008 through and including October 2012, the FDNY, through its ambulance billing contractor, submitted claims to Medicare for reimbursement for emergency ambulance services. As part of the claim submission process, the FDNY made assessments as to whether the emergency ambulance services associated with each claim met the Medicare medical necessity requirement.
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During this time period, the FDNY determined that thousands of claims for emergency ambulance services did not satisfy the Medicare medical necessity requirement, and provided information in the claims reflecting that determination to a Medicare Administrative Contractor as part of the claim submission process.
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During this time period, the FDNY consistently received reimbursements from Medicare for claims submitted to Medicare for emergency ambulance services that FDNY had identified as not meeting the Medicare medical necessity requirement.The FDNY was aware that Medicare was consistently paying the FDNY for such claims, but did not take steps to inform Medicare of its consistent receipt of Medicare reimbursement for such claims until December 2012.
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Beginning in or around September 2013, the FDNY modified its claiming procedures to reduce the risk that the FDNY would be improperly reimbursed for claims for emergency ambulance services that were not medically necessary.
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This case is being handled by the Office’s Civil Frauds Unit. Assistant United States Attorneys Andrew E. Krause and Rebecca C. Martin are in charge of the case.
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Man Convicted of Sexually Abusing a Child in 1990sRead the Press Release
BILLINGS – George Chad Deputee, 42, of Crow Agency, was convicted of aggravated sexual abuse and abusive sexual contact of a child yesterday following a three-day jury trial. U.S. District Court Judge Susan Watters presided over the trial. A date for sentencing has not been set.
Deputee was initially indicted in March 2015 for aggravated sexual abuse and abusive sexual contact of a child. A superseding indictment was returned by a grand jury in November 2015. It alleged that the sexual abuse occurred between April 1992—when Deputee turned 18 years old—and December 1997.
At trial, the government introduced evidence that Deputee sexually abused two girls starting in 1989. In August of 2012, the victim’s sister reported to BIA law enforcement that Deputee molested her in the late-1980s when she was approximately five years old. She told authorities the abuse had occurred frequently, both day and night, while Deputee was living with her family in Lodge Grass. Deputee was approximately 18 years old at the time. The victim’s mother remembered waking up to hear someone running out of her children’s room.
The victim’s sister also informed the BIA that Deputee had sexually abused her younger sister (the victim) sometime later. Both women testified at trial. They explained how Deputee had sexually abused and molested them when they were young girls. All of the instances of abuse occurred in Lodge Grass, Montana on the Crow Indian Reservation, where Deputee and both victims were living during the relevant time period.
The FBI interviewed Deputee in October 2012. Deputee denied that he had ever abused anyone. During his interview, Deputee initially omitted any account of having lived with the victim’s family during the time the abuse took place. When challenged, Deputee ultimately admitted that he had lived with the victim’s family but stated that the victim had not yet been born at the time. Later in the interview, however, he drew a diagram of the residence, marking one of the bedrooms with the victim’s name on it.
Deputee also testified at trial. On the witness stand, he claimed that he was living in North Dakota when the abuse occurred. He stated under oath that he only returned to Montana on two occasions between 1989 and 1993 – the relevant time frame. To rebut this alibi, the prosecution introduced a number of documents that placed Deputee in Lodge Grass for medical appointments on far more than two occasions during that time period.
At trial, the United States also moved to introduce evidence of other sexual assaults committed by Deputee, namely on the victim’s older sister. Both girls (now grown) recounted nearly identical, and protracted, periods of abuse by Deputee. Deputee consistently and repeatedly molested both girls from the time they were about five years old until they were nine or ten. The type and frequency of abuse reported by both girls was substantially the same. Deputee began abusing the victim referenced in the Indictment shortly after he stopped abusing her older sister. The government successfully argued that introduction of this evidence was necessary to corroborate the victim’s account, given the long period of time since the abuse had taken place.
The case was investigated by the FBI and BIA and prosecuted by Assistant U.S. Attorney John Sullivan and Special Assistant U.S. Attorney Adam Duerk.
Mail Thief and Counterfeitter Sentenced to 5 Years in PrisonRead the Press Release
Contact Person: Bill Watkins (864) 282-2100
Columbia, South Carolina ---- United States Attorney Bill Nettles stated today that Geoffrey R. Albertson, age 32, of Greenville, was sentenced in federal court in Anderson, for conspiracy to commit fraud, a violation of Title 18, United States Code, Section 371. United States District Judge Timothy M. Cain of Anderson sentenced Albertson to 60 months imprisonment and ordered him to pay over $11,000 in restitution.
Evidence presented at the change of plea hearing established that Albertson and others regularly stole mail from residential boxes, sorted the stolen mail for checks and personal identifying information, created altered or counterfeit checks, and then negotiated the checks throughout the upstate. Most of the fraud was conducted in an effort to obtain funds to purchase methamphetamine. Albertson was captured on multiple bank surveillance cameras when he negotiated the checks.
The case was investigated by agents of United States Postal Inspection Service and the Easley Police Department. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
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Las Vegas Man Sentenced for Cocaine PossessionRead the Press Release
Jiwon Jiwon Park, 37, of Las Vegas, Nevada, was sentenced on May 5, 2016, in federal district court in East St. Louis, Illinois, for Possession with Intent to Distribute Cocaine, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Park will serve a 36 month term of imprisonment, to be followed by a 5 year term of supervised release. The Court also imposed $5,100 in financial penalties. Facts presented in court revealed that on June 27, 2015, an Illinois State Police officer stopped Park’s vehicle after observing him traveling too closely to other vehicles on Interstate 70 in Madison County, Illinois. A search of the vehicle yielded approximately 6 kilograms (over 13 pounds) of cocaine hidden in vacuum sealed bags in the trunk.
This case was investigated by the Department of Homeland Security (DHS) and the Illinois State Police (ISP) and prosecuted by Assistant United States Attorney Daniel T. Kapsak.
Justice Department Reaches Settlement with Council Bluffs, Iowa, over Disability Access to Mid-America CenterRead the Press Release
The Justice Department announced today that it has reached an agreement with the city of Council Bluffs, Iowa, to resolve alleged violations of the Americans with Disabilities Act (ADA), for failing to provide access for individuals with disabilities at Mid-America Center. Opened in 2002, the Mid-America Center is a multipurpose arena for basketball, hockey and concerts with 9,000 seats.
During its investigation of the Mid-America Center, the United States found that Council Bluffs failed to provide sufficient wheelchair seating, seating for companions to users of wheelchairs and accessible aisle seating to allow people to transfer to the seats by removing or moving arm rests. The United States also found that the city failed to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating. The ADA’s new construction provision requires that in newly constructed arenas, including Mid-America Center, wheelchair seating locations be an integral part of the seating plan and that sight lines for these seating locations be comparable to those offered to the general public.
Under the settlement agreement, Council Bluffs will provide wheelchair and companion seating locations in various event configurations at the center dispersed throughout the arena. The city will provide at least 56 wheelchair and companion seats, seats without arm rests or seats equipped with folding or removable arm rests. Council Bluffs will also revise its ticketing and pricing policies for events to afford individuals with disabilities the opportunity to purchase accessible seats in a manner comparable to that of other individuals.
“The Civil Rights Division is committed to ensuring that all newly constructed arenas are readily accessible to and usable by individuals with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We commend the city of Council Bluffs for cooperating with the Justice Department and taking swift remedial action to address the situation.”
“Protecting access for individuals with disabilities will continue to be a priority for this district,” said Acting U.S. Attorney Kevin E. VanderSchel of the Southern District of Iowa.
For more information about the ADA and today’s agreement, individuals may access the ADA web page at www.ada.gov or call the toll-free ADA information line at (800) 514-0301 or (800) 514-0383 (TTY).
Mid-America Center Settlement Agreement
Justice Department Proposes Legislation to Advance Anti-Corruption EffortsRead the Press Release
The Department of Justice has an unparalleled commitment to, and record of, fighting corruption through law enforcement action. These efforts are currently reflected through six anti-corruption programs aimed at public integrity prosecutions, bribery prosecutions, prosecutions of taxpayers who seek to conceal foreign accounts, money laundering prosecutions, our Kleptocracy Initiative and finally, our assistance to foreign counterparts to fight corruption.
In order to advance those efforts and provide additional tools to advance our anti-corruption work, the department will submit to Congress proposals for legislative amendments in two areas: first, regarding the illegal proceeds of transnational corruption; and second, regarding substantive corruption offenses. Details of those proposals are below.
PROPOSALS REGARDING THE ILLEGAL PROCEEDS OF TRANSNATIONAL CORRUPTION
1. EXPAND FOREIGN MONEY LAUNDERING PREDICATES TO INCLUDE ANY VIOLATION OF FOREIGN LAW THAT WOULD BE A MONEY LAUNDERING PREDICATE IF COMMITTED IN THE UNITED STATES.
Currently, U.S. prosecutors can charge money laundering cases and file asset recovery actions for specific acts of foreign corruption and these actions can capture, without specifically charging violations of foreign law relating to conduct occurring in another country, most of the foreign corruption predicate acts. The proposed amendment will allow prosecutors to directly pursue kleptocracy cases and prosecute for money laundering the use of proceeds from the full range of foreign corruption activities criminalized pursuant to the 2003 U.N. Convention Against Corruption. Adopting this amendment will complement the ability of U.S. prosecutors to charge money launderers and recover kleptocracy proceeds while also enhancing the stature of the United States in promoting an anti-corruption and anti-organized crime agenda worldwide.
2. ALLOW ADMINISTRATIVE SUBPOENAS FOR MONEY LAUNDERING INVESTIGATIONS.
Adopting the proposed amendment will enhance the ability of investigators to obtain records in money laundering investigations. In criminal money laundering investigations, such records are often obtained through the issuance of grand jury subpoenas, but law enforcement occasionally needs the speed and flexibility to subpoena administratively.
3. ENHANCE LAW ENFORCEMENT’S AUTHORITY TO ACCESS FOREIGN BANK OR BUSINESS RECORDS BY SERVING BRANCHES LOCATED IN THE UNITED STATES.
Current law permits U.S. law enforcement to obtain bank records located abroad by serving subpoenas on branches of the bank located in the United States. However, obtaining such records as legally admissible evidence can still result in protracted negotiation and litigation. This can ultimately result in law enforcement not being able to obtain those records. Adopting this amendment will enhance the ability of U.S. investigators to obtain overseas records as a form of legally admissible evidence.
4. CREATE A MECHANISM TO USE AND PROTECT CLASSIFIED INFORMATION IN CIVIL ASSET RECOVERY CASES.
Because kleptocracy investigations typically involve high-ranking foreign government officials, the cases may increasingly involve classified information. In criminal cases, the Classified Information Procedures Act (CIPA) provides a framework for utilizing and disclosing such information. Currently, if litigation over classified information arises in a civil kleptocracy case, there are no CIPA-type procedures in place. This amendment creates a framework for the use of classified information in kleptocracy-related civil asset recovery cases.
5. MAKE THE TIME PERIOD IN WHICH THE U.S. CAN RESTRAIN PROPERTY BASED ON A REQUEST FROM A FOREIGN COUNTRY, CURRENTLY 30 DAYS, PARALLEL TO THE DOMESTIC RESTRAINT PERIOD, WHICH IS 90 DAYS; AND EXTEND THE PROCEDURES TO AUTHENTICATE FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY IN CRIMINAL CASES TO CIVIL ASSET RECOVERY CASES.
Multilateral cooperation in kleptocracy cases is essential for sharing evidence and determining which authorities are best positioned to seize particular assets. There are several impediments, however, to effective parallel work. First, there is a discrepancy between the time limits imposed in domestic and foreign asset recovery cases. In a case initiated by U.S. authorities, the government has 90 days from the time of seizure to initiate a forfeiture proceeding – but the government has only 30 days from seizure based on a request from a foreign government. This amendment extends the 90 day period to requests from a foreign country. Second, in these cases U.S. prosecutors may seek to use foreign business records. In a criminal case, foreign business records are admissible if there is a certificate attesting that the document meets the business records test. This amendment extends the certificate process to civil asset recovery cases.
PROPOSALS REGARDING SUBSTANTIVE CORRUPTION OFFENSES
- AMEND 18 U.S.C. § 666 (THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FUNDS) TO EXPRESSLY CRIMINALIZE THE CORRUPT OFFER OR ACCEPTANCE OF PAYMENTS TO “REWARD” OFFICIAL ACTION AS WELL AS THOSE INTENDED TO “INFLUENCE” OFFICIAL ACTION.
- AMEND 18 U.S.C. § 666 (THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FUNDS) TO CORRECT A DRAFTING ERROR REGARDING BONA FIDE SALARY and TO LOWER THE DOLLAR THRESHOLD FROM $5,000 TO $1,000.
The two proposed amendments to 18 U.S.C. § 666 are intended to give full effect to the language that Congress initially enacted and clarify Congress’s intent. The first proposed amendment will resolve a conflict among Federal circuit courts on the issue of whether after-the-fact gratuities are covered by Section 666 and would also be consistent with the interpretations of six of eight Circuit Courts of Appeals which have addressed this issue, finding that the plain language of the statute criminalizes the corrupt offer or acceptance of rewards. The second proposed amendment will correct a drafting error regarding bona fide salary and lower the dollar threshold to address those cases where the dollar amount involved may be low but the threat to the integrity of a government function is high.
The department has transmitted these proposals to Congress and encourages review and approval in order to further advance the U.S. government’s anti-corruption tools and efforts.
Junedale Couple Pleads Guilty to Four Armed Bank Robberies and the Armed Robbery of A StoreRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Weaver, age 41, and Crystal Serfass, age 31, both of Junedale, Carbon County, Pennsylvania, pleaded guilty to the armed robberies of four banks and a store.
Weaver and Serfass pleaded guilty before Senior United States District Court Judge James M. Munley in Federal Court yesterday in Scranton. During the guilty plea hearing, each admitted to all charges contained in a five-count Criminal Information which alleges that they committed the following armed robberies:
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the robbery ofthe Jim Thorpe National Bank, Penn Forest Township, on September 17, 2013;
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the robbery of the National Penn Bank, Drums, on August 8, 2014;
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the robbery of Jim Thorpe Neighborhood Bank, Penn Forest Township, on November 18, 2014;
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the robbery of the ESSA Bank and Trust, Brodheadsville, on December 26, 2014;
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the robbery of the Dollar General, Nesquehoning, on November 16, 2014.
During each of the robberies, Weaver brandished a firearm to intimidate the employees. Serfass helped plan and acted as a driver for each of the crimes.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Prosecution is assigned to Assistant United States Attorney John Gurganus.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statutes is up to 120 years’ imprisonment. Both face a term of supervised release following imprisonment, and a fine if convicted. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendants, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Hill City Man Sentenced to 57 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hill City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ian Haverly, age 34, was sentenced to 57 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Haverly was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on January 21, 2015. He pleaded guilty on November 6, 2015.
From September 2014 through January 2016, Haverly conspired with others to distribute, and distributed more than 500 grams of methamphetamine within South Dakota.
This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Haverly was immediately turned over to the custody of the U.S. Marshals Service.