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20 June 2016
Former Bakersfield Police Detective Pleads Guilty to Drug TraffickingRead the Press Release
FRESNO, Calif. — Patrick Mara, 36, of Bakersfield, a former detective with the Bakersfield Police Department (BPD), pleaded guilty today to conspiracy to distribute and possess with the intent to distribute methamphetamine, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between June 14, 2012, and October 2013, Mara was assigned to the Southern Tri-County Task Force of the Central Valley High Intensity Drug Trafficking Area (HIDTA). He abused his position of trust and authority by conspiring with his partner, Damacio Diaz, to seize narcotics in the course of their official duties and intentionally fail to submit the seized narcotics to the BPD evidence room. Instead, on multiple occasions, Mara and Diaz retained possession of seized narcotics for their own unlawful personal gain, purpose and sale. Mara admits that he and Diaz unlawfully seized and maintained possession of approximately 20 pounds of methamphetamine.
According to the plea agreement, Mara will forfeit $80,000 obtained from this criminal conduct. On May 31, 2016, Damacio Diaz pleaded guilty to related charges.
“Mara took advantage of the trust placed in law enforcement officers for his personal gain. In so doing, he undermined the public trust and he betrayed the honest, hard-working officers who risk their lives daily to protect our community. Moreover, he put those officers — and the public — in danger. Misconduct by police officers will not be tolerated, which has been the message expressed by BPD Chief Greg Williamson from the inception of this investigation,” Acting U.S. Attorney Talbert said. “I would like to personally thank Chief Williamson and his Department for their invaluable assistance with this investigation. Chief Williamson devoted resources to work hand-in-hand with the FBI, the DEA and our Office throughout this investigation in a sincere effort to root out corruption.”
Acting U.S. Attorney Talbert went on to say: “While our investigation is continuing and it is premature to say more at this time, I can say that the allegation recently made to the media that there is widespread corruption within BPD is one that our investigation has not substantiated.”
“Patrick Mara took an oath to serve and protect the public, yet he chose to participate in criminal conduct to serve his own interests for profit. This type of behavior from a law enforcement officer is unacceptable. Those who commit such crimes are not worthy to wear the badge and serve their communities,” stated DEA Special Agent in Charge John J. Martin. “DEA will continue to work with our law enforcement counterparts to weed out officers who abuse their position.”
Assistant Bakersfield Police Chief Lyle Martin stated: “The Bakersfield Police Department is dedicated to building and maintaining community trust by holding its employees accountable for their actions. We will continue to work with our local, state and federal partners through the conclusion of this investigation.”
This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, and the Bakersfield Police Department. Assistant United States Attorneys Brian K. Delaney and Angela Scott are prosecuting the case.
Mara faces a maximum statutory penalty of life in prison and a $10 million fine. 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.
Florida Man Pleads Guilty to Scheming to Collect Compensation for Active-Duty Military Members Who Suffer Foreclosure LossesRead the Press Release
WASHINGTON – David Bernier, 52, of Fort Lauderdale, Fla., pled guilty today to a federal charge stemming from a scheme in which he forged military records and made false statements in an attempt to collect over $700,000 under a federal law meant to protect active duty military members from suffering losses through mortgage foreclosures.
The guilty plea was announced by Channing D. Phillips, U.S. Attorney for the District of Columbia, Michael E. Horowitz, Inspector General for the Department of Justice, and James Springs, Inspector General for the National Archives and Records Administration.
Bernier pled guilty in the U.S. District Court for the District of Columbia to a charge of making a false statement. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of 24 to 30 months in prison and a potential fine of $10,000 to $95,000. The Honorable Colleen Kollar-Kotelly scheduled sentencing for Oct. 4, 2016.
The scheme involved Bernier’s claims that he was entitled to protection under the Servicemembers Civil Relief Act, a law that provides protections for military members as they enter active duty. Among other things, the law prohibits non-judicial foreclosures against service members who are in military service or within the applicable post-service period, as long as they originated their mortgages before their period of military service began.
In 2012, the United States settled two lawsuits against financial institutions accused of improperly foreclosing on mortgages of active duty military service personnel. The court agreements led to the creation of settlement funds out of which payments would be made to qualified individuals whose homes had been wrongfully foreclosed upon.
Bernier filed two such claims in 2014, involving foreclosures that took place in 2008 and 2009 of two condominiums he owned in Fort Lauderdale. In both claims, Bernier stated that the properties were foreclosed upon while he was on active duty in the U.S. Air Force in Iraq. He also provided documentation claiming he had received the Defense Meritorious Service Medal and Citation for conduct in Iraq from July 2008 to March 2010. Under the settlement agreements, if the claims were valid, Bernier could have received a total of $730,000.
However, the financial institutions were unable to substantiate Bernier’s claims, leading him to submit follow-up documents and make statements attesting to his service. In fact, an investigation determined that the documents Bernier had submitted were forgeries. At the time that Bernier supposedly was in Iraq, he was in fact working in the state of Washington. No money was paid to Bernier, whose actions became the subject of a criminal investigation.
In announcing the plea, U.S. Attorney Phillips, Inspector General Horowitz, and Inspector General Springs commended those who investigated the case from the Offices of Inspector General for the Department of Justice and the National Archives and Records Administration. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Document Management Analyst John Lowell, and Assistant U.S. Attorney Peter C. Lallas, who is prosecuting the matter.
Elder Justice Task Force Launched and World Elder Abuse Awareness Day RecognizedRead the Press Release
CEDAR RAPIDS, IA – Nursing facilities and other institutions do not always provide the care and dignity that elderly residents deserve, and millions of elderly Americans suffer each year from other forms of abuse, neglect, or exploitation. Facility and institutional failures to provide the care the government pays for results in the waste of government resources and potentially lethal consequences to beneficiaries. Speaking only of the financial impact of elder abuse, it is estimated that elderly Americans lose an estimated $2.6 billion or more annually due to financial abuse or exploitation. It occurs in every demographic, and it can happen to anyone.
With this backdrop, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 nationwide districts to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force is being assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes.
Earlier today, United States Attorney Kevin W. Techau discussed the goals of the task force during a press conference held at the Oakhill Jackson Community Church in Cedar Rapids. The church serves as a Senior Center during the week.
Techau stated, “It is most appropriate that last Thursday World Elder Abuse Awareness Day was celebrated globally, and that I am now able to announce that the Elder Justice Task Force will have its first meeting June 27th. The charge of the task force is simple—protect the state’s most vulnerable citizens by making certain that those charged with serving them provide the care to which they are entitled and to hold accountable those who seek to financially exploit them.”
Techau noted that the office has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect. A health care fraud auditor and paralegal have joined the office and are working closely with an Assistant United States Attorney and health care fraud paralegal. Bolstering the commitment to hold accountable those who take action inconsistent with recognized rules, regulations and criminal laws has paid dividends.
Last year the office held accountable a national home health care agency for not following the rules when making claims for payment. The rules of both Medicare and the state of Iowa’s Medicaid program required an independent physician to certify that home healthcare services were medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency. Additionally, Medicare and Iowa Medicaid rules required these independent physicians to perform an in-person “face-to-face” assessment of each patient before the home health agency could bill the government for any home healthcare services. The home health care agency ignored these rules and by doing so violated the False Claims Act. A settlement was reached resolving allegations that for the five year period beginning 2009 the company billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements. The company agreed to pay $5.6 million to the United States and the State of Iowa to resolve the allegations.
More recently the office indicted a woman who prayed on an out of state elderly couple. This mail fraud scheme involved the defendant making false representations and promises to an elderly woman claiming she had won a lottery, sweepstakes, or otherwise was entitled to large sums of money. The victim was told the winnings or funds could be claimed only if she would first mail the defendant money for purported taxes, fees, or similar alleged prerequisites for payment. In truth, no such winnings existed and the telephone calls were designed only to permanently deprive the victim and her husband, a resident of a long-term care facility with dementia, of their money. Like many senior citizens in the United States, the couple received unsolicited telephone calls; they even changed their telephone number to avoid unsolicited calls, but such calls nonetheless resumed after they changed their phone number. The defendant has recently pled to two counts of mail fraud and one count of using a fictitious name in that fraud. A sentencing date has not yet been set.
World Elder Abuse Awareness Day was launched on June 15, 2006, by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations. It is celebrated annually on or around June 15th. Its purpose is to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect.
The United States Attorney’s Office celebrates this day and is committed to being vigilant each and every day to ensure our senior citizens are treated with the dignity and respect they so deeply deserve.
To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/
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Downsville man sentenced to 46 months in prison for possessing firearms, ammunition after being convicted of a felonyRead the Press Release
MONROE, La. – United States Attorney Stephanie A. Finley announced today that a Downsville man was sentenced to 46 months in prison for possessing firearms, ammunition and an unregistered silencer after he was previously convicted of a felony.
William David Futch, 44, of Downsville, La., was sentenced by U.S. District Judge Robert G. James on one count of possession of firearms and ammunition by a convicted felon and one count of possession of an unregistered firearm silencer. He was also sentenced to three years of supervised release and ordered to forfeit the silencer, firearms and ammunition seized during the investigation. According to the February 9, 2016 guilty plea, Ouachita Parish Sheriff’s deputies responded to a complaint on April 11, 2014 that Futch was at his home firing shots. During this investigation, Futch was found in possession of a .45/.410 revolver, a 12 gauge shotgun, .a 22 caliber rifle with scope, a .22 caliber stainless rifle, a .22 caliber rifle with scope and bipod, a third .22 caliber rifle, a .223 caliber rifle, a 9 mm handgun, a .40 caliber handgun, ammunition and a firearm silencer. He was previously convicted of a felony on three separate occasions.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm and to promote firearm safety.
The ATF and the Ouachita Parish Sheriff’s Department conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
District Man Sentenced to Five Years in Prison for Possession of Crack CocaineRead the Press Release
WASHINGTON – Javar Harris, 37, of Washington, D.C., has been sentenced to five years in prison on a federal charge of possession with intent to distribute cocaine, U.S. Attorney Channing D. Phillips announced today.
Harris pled guilty in March 2016 in the U.S. District Court for the District of Columbia. He was sentenced on June 17, 2016, by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Harris will be placed on four years of supervised release.
According to the government’s evidence, on the evening of July 2, 2015, law enforcement officers performed a traffic stop of Harris’s vehicle in the 1600 block of Oates Street NE. Harris was consuming an alcoholic beverage in a plastic cup and had a bottle of tequila in his possession. When exiting the vehicle, Harris had an odor consistent with an alcoholic beverage. Located in the center console glove compartment of the vehicle — between the passenger seat and the driver’s seat — was 116.8 grams of crack cocaine. At the time of his arrest, Harris had been twice convicted of distribution related cocaine convictions in the Superior Court of the District of Columbia.
In announcing the sentence, U.S. Attorney Phillips commended the work of the Narcotics and Special Investigations Unit of the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Candace Battle, and Assistant U.S. Attorney Christopher Macchiaroli, of the Violent Crimes and Narcotics Trafficking Section, who prosecuted the matter.
Dallas Man Sentenced to 20 Years in Federal Prison on Child Porn ConvictionRead the Press Release
DALLAS — Richard Grayson, 46, of Dallas, was sentenced on Friday by U.S. District Judge Sidney A. Fitzwater to 240 months in federal prison, following his guilty plea in February 2016 to one count of transporting and shipping child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, between approximately November 30 and December 8, 2014, Grayson used the Internet and file-sharing software to share and transmit image and video files depicting minors engaged in sexually explicit conduct.
Grayson was present when a federal search warrant was executed at his residence on February 26, 2015. A forensic analysis of electronic media seized from the residence revealed more than 42 videos and 7800 images of child pornography on Grayson’s computer and other media. Some of those images and videos he collected depicted sadistic and/or violent content, and some of the files depicted infants and toddlers
This year marks the 10th anniversary of the Project Safe Childhood (PSC) initiative. PSC is a department initiative launched in May 2006 to combat the proliferation of technology-facilitated sexual exploitation crimes against children. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, tribal and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. Since FY 2011, the Department of Justice has filed 20,260 PSC cases against 19,111 defendants. These cases include prosecutions of child sex trafficking; sexual abuse of a minor or ward; child pornography offenses; obscene visual representation of the sexual abuse of children; selling or buying of children; and many more statutes. To learn more about PSC’s work, please visit: https://www.justice.gov/psc.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Sherman Police Department investigated the case. Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
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DEA Arrests Three Arizona Residents and Seizes Nine Pounds of Methamphetamine and 1.73 Pounds of Heroin During June 17, 2016 Interdiction Investigations at Greyhound Bus StationRead the Press Release
ALBUQUERQUE – DEA agents arrested three Arizona residents and seized a total of nine pounds of methamphetamine and 1.73 pounds of heroin during interdiction investigations at the Greyhound Bus Station in Albuquerque, N.M., on June 17, 2016. The three arrestees made their initial appearances in federal court this morning on separate criminal complaints. They remain in custody pending preliminary hearings and detention hearings, which are scheduled for tomorrow.
Antonio Manuel Hernandez, 26, of Phoenix, Ariz., was arrested after DEA agents allegedly found him in possession of 2.55 gross kilograms (5.6 pounds) of methamphetamine. According to the criminal complaint, Hernandez had bundles containing methamphetamine strapped around his abdomen that were concealed by his clothing. If convicted of the charge in the complaint, Hernandez faces a statutory mandatory minimum of ten years and a maximum of life in prison. Hernandez is being prosecuted by Assistant U.S. Attorney Samuel Hurtado.
Toni Baldonado, 23, of Tucson, Ariz., was arrested after DEA agents allegedly found her in possession of 1.55 gross kilograms (3.4 pounds) of methamphetamine. The criminal complaint against Baldonado alleges that the drugs were concealed in the lining of Baldonado’s purse. If convicted of the charge in the complaint, Baldonado faces a statutory mandatory minimum of ten years and a maximum of life in prison. Baldonado is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
The criminal complaint against Johnathan Jacob Rios, 28, of Phoenix, Ariz., alleges that he was arrested after DEA agents found that he had concealed 788 gross grams (1.73 pounds) of heroin inside his jeans. If convicted, Rios faces a statutory mandatory minimum of five years and a maximum of 40 years in prison. Rios is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.
Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The three cases were investigated by the DEA office in Albuquerque. The case against Rios is being prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Cross Lanes carjacker pleads guilty to multiple Federal charges following crime spreeRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes man pleaded guilty today to carjacking and a drug crime, announced Acting United States Attorney Carol Casto. David Allen Young, 24, entered his guilty plea to two counts of carjacking and one count of conspiracy to distribute methamphetamine.
Young admitted that from summer 2014 through January 2016, he was part of a large-scale methamphetamine trafficking network. During that time period, he received at least 40 pounds of crystal methamphetamine from his sources and distributed it to individuals in and around Kanawha County.
Young further admitted that on January 24, 2016, he stole a Ford Expedition in Putnam County and fired a shot at an occupied vehicle in St. Albans. Later that same day, Young approached a Ford Edge SUV on foot near the intersection of Big Tyler Road and Waycross Drive in Cross Lanes. Young pointed a 9 mm handgun at a man occupying the SUV and ordered him to get out of the vehicle. The man complied and Young got into the Ford Edge and drove away. Young drove until he approached a Chevrolet S-10 truck in Cross Lanes occupied by another man and his juvenile son. Young pointed the same handgun at those individuals and ordered them out of the truck. Young then got into the truck and drove to the Dalewood Trailer Park in Cross Lanes. He shot through the glass door of a residence in the trailer park and stole a television, which he intended to trade for drugs. Young was arrested on January 26, 2016.
Young faces up to 50 years in federal prison when he is sentenced on October 5, 2016. The investigation into the drug conspiracy was handled by the FBI and the Charleston Police Department’s Special Enforcement Unit. The carjackings were investigated by the Kanawha County Sherriff’s Department. Assistant United States Attorney Haley Bunn is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District. This case was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Convicted Felon Sentenced in Federal Court for Illegal Gun PossessionRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Rondall Hall, 24, of Mobile, Alabama, was sentenced in federal court for his illegal possession of a firearm. Hall had been previously convicted of Robbery 3rd in Mobile County Circuit Court in May of 2015, and was arrested in possession of a firearm in September of 2015. Hall entered a guilty plea to the federal charge of felon in possession of a firearm in February of 2016.
United States District Court Judge William H. Steele imposed a sentence of 57 months imprisonment and ordered that Hall serve a three-year term of supervised release when he is discharged from prison. The judge found that Hall could not pay a fine, but he ordered the imposition of $100 as a special mandatory assessment.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
College Park Man Sentenced to over Eight Years in Federal Prison in Scheme to Obtain more than $7 Million in Fraudulent Tax RefundsRead the Press Release
Greenbelt, Maryland –U.S. District Judge Roger W. Titus sentenced Charles W. Parker, Jr., age 49, of College Park, Maryland, today to 97 months in prison, followed by three years of supervised release, for conspiring to file false federal income tax returns and six counts of filing false tax returns. A federal jury convicted Parker on November 10, 2015. Judge Titus also entered an order requiring Parker to forfeit and pay restitution of $2,007,568.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Attorney General Caroline D. Ciraolo, of the Justice Department’s Tax Division; and Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation (IRS-CI), Washington, D.C. Field Office.
According to evidence presented during the five day trial, from March to June 2009, Parker recruited clients for co-conspirator Penny Jones. Jones, a resident of Idaho, was a tax return preparer who prepared tax returns falsely reporting the amount of taxes withheld and purportedly paid to the IRS. Parker collected financial information from clients and provided the information to Jones for the preparation of the false tax returns. Parker paid Jones to prepare false tax returns for Parker and others. Parker mailed the false tax returns to the IRS for tax years 2005 to 2008, claiming large tax refunds to which the taxpayers were not entitled. In a six month period, Parker caused the filing of 14 false tax returns that fraudulently claimed $7,753,940 in tax refunds.
Parker and his co-conspirators caused the IRS to issue two fraudulent tax refunds totaling $2,007,568. In 2013, Jones was sentenced to 12 years in prison for her role in a scheme to help individuals obtain fraudulent tax refunds from the IRS.
United States Attorney Rod J. Rosenstein praised the Tax Division and IRS-Criminal Investigation for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Leah Jo Bressack and Trial Attorney Erin Pulice of the Department of Justice Tax Division, who prosecuted the case.
Carbondale Man Sentenced on Crack Cocaine OffenseRead the Press Release
On June 15, 2016, Roderick L. McClain, a/k/a "Big Bama," 31, of Carbondale, IL, was sentenced for a crack cocaine offense, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
McClain, who had previously pled guilty to a one-count superseding indictment charging conspiracy to distribute 28 grams or more of crack cocaine, was sentenced to 84 months in federal prison, to be followed by 4 years’ supervised release, and fined $300.00. The offense occurred between October 2014 and July 2015, in Williamson and Jackson Counties. Evidence at the plea and sentencing hearings established that McClain was involved with co-defendant Keenon Farr and others in the distribution of crack cocaine in the Marion and Carbondale areas. During the investigation, McClain sold crack cocaine to a confidential source working for law enforcement. At sentencing, the judge found that McClain was responsible for the distribution of 210.04 grams of crack cocaine and 9.91 grams of cocaine. McClain was on parole from the Illinois Department of Corrections for a felony weapons offense during his involvement in the crack cocaine conspiracy. Three co-defendants have previously been sentenced for their role in the crack cocaine conspiracy. One co-defendant has pled not guilty and is awaiting trial.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group, Drug Enforcement Administration, Jackson County Sheriff’s Office, and Carbondale Police Department. The Williamson and Jackson County State’s Attorney’s Offices also assisted in the investigation.
California Man Sentenced for Heroin OffenseRead the Press Release
On June 16, 2016, Conrad Valdez, Jr., 46, of Selma, California, was sentenced for a heroin offense, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Valdez, who had previously pled guilty to a one count indictment charging possession with intent to distribute more than 1 kilogram of heroin, was sentenced to 144 months in federal prison, to be followed by 5 years’ supervised release, and fined $400.00. Evidence at the plea and sentencing hearings established that, during a September 27, 2015, traffic stop in Effingham County, officers located approximately 17 kilograms of heroin in Valdez’s truck. Valdez was transporting the heroin from California to Joliet. The investigation established that Valdez had made previous trips for the purpose of transporting drugs and U.S. currency from the distribution of drugs. At sentencing, the judge determined that Valdez was responsible for transporting 17 kilograms of heroin, 33 kilograms of cocaine, and 20 kilograms of methamphetamine.
The investigation was conducted by the Drug Enforcement Administration, Central Illinois Enforcement Group, and Illinois State Police. The Effingham County State’s Attorney’s Office assisted in the investigation.
Buffalo Man Sentenced for Money Laundering ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Justin Stevens, 32, of Buffalo, NY, who was convicted of money laundering conspiracy, was sentenced to 12 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that between January 2014 and September 30, 2014, the defendant obtained marijuana via commercial shipments from co-conspirator, James Parish, of Carlsbad, California. In turn, Stevens deposited $38,100 in marijuana proceeds into Parish’s bank account in Buffalo. The defendant also provided $10,000 in proceeds from marijuana distribution to co-conspirator Benjamin Golembiewski to be forwarded on to Parish.
Parish was convicted and sentenced to 120 months in prison.
Today’s sentencing is the result of an investigation on the part of the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George W. Gast.
Bernalillo County Resident Pleads Guilty to Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Hugo Escarcega-Quinones, 30, a resident of Bernalillo County, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal narcotics trafficking and firearms laws. Under the terms of his plea agreement, Escarcega-Quinones will be sentenced to ten years in federal prison followed by a term of supervised release to be determined by the court.
Escarcega-Quinones was arrested in Feb. 2016, on a criminal complaint charging him with heroin and methamphetamine trafficking charges and with carrying a firearm in relation to a drug trafficking crime. According to the complaint, Bernalillo County Sheriff’s Office (BCSO) deputies arrested Escarcega-Quinones on Feb. 23, 2016, on outstanding felony arrest warrants. During a search incident to arrest, the deputies found Escarcega-Quinones in possession of approximately 58 grams of heroin, 17 grams of methamphetamine, $1,400.00, a firearm and ammunition. The complaint alleged that Escarcega-Quinones committed the three crimes in Bernalillo County, N.M. Escarcega-Quinones subsequently was indicted on the same three crimes on March 23, 2016.
During today’s proceedings, Escarcega-Quinones pled guilty to Counts 2 and 3 of the indictment charging him with using and carrying a firearm in relation to a drug trafficking crime and possession of methamphetamine with intent to distribute. Escarcega-Quinones remains in federal custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the BCSO. Assistant U.S. Attorney Eva Fontanez is prosecuting the case.
Baltimore Man Sentenced to 21 Years for Heroin Trafficking Resulting in Central Pennsylvania Man’s DeathRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eugene Stallings, Jr., age 28, of Baltimore was sentenced today to 252 months (21 years) imprisonment by Chief U.S. District Court Judge Christopher C. Conner in Harrisburg. This sentence follows Stallings’ February 5, 2016 conviction for heroin trafficking that resulted in the death of 21 year old Kyle Golter that occurred in February 2014.
According to United States Attorney Peter Smith, on February 5, 2016, a Harrisburg jury returned a guilty verdict to all five counts on the Superseding Indictment relating to Stallings after less than 2 hours of deliberation. Eugene Stallings, Jr., aka Bruno, sold heroin to Ashley Gries, Danny Forrester, Gabriel Stouffer, and Michael DeCarlo between October 2013 and April 2014. Gries, Forrester and Stouffer traveled from the Shippensburg, PA area to purchase heroin from Stallings in Baltimore, and then engaged in heroin trafficking in Franklin and Cumberland Counties. Heroin obtained from Stallings by the co-defendants led to the death of Golter in Shippensburg on February 7, 2014.
A federal conviction for drug trafficking that results in death carries an enhanced penalty requiring a mandatory minimum 20 years’ imprisonment. Gries, Forrester, Stouffer and DeCarlo have pleaded guilty for their roles in the drug trafficking organization.
This case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, the Shippensburg Police Department, and the Cumberland County Drug Task Force. The case is being prosecuted by Assistant United States Attorneys Meredith A. Taylor and Scott Ford.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Baltimore Man Pleads Guilty in Two Murder for Hire SchemesRead the Press Release
Baltimore, Maryland – Tavon Slowe, age 24, of Baltimore, Maryland, pleaded guilty today to charges arising from two murder for hire contracts.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
According to his plea agreement, in March of 2012, a fight occurred near West Paterson Park Avenue and Chase Street. One of the participants was Gregory Parker. A few days later, an individual was given a “contract” to kill Gregory Parker. The individual arranged with Slowe to kill Gregory Parker for $5,000.
On March 16, 2012, the individual called Slowe on a cell phone and the two met in person, along with another person. The individual told Slowe where the victim could be found and that the victim was wearing a blue floppy hat. The two agreed that Slowe was to use his own gun, but that the individual would replace it after Parker had been killed.
Within about an hour after the meeting, Gregory Parker was shot multiple times with a .9mm semi-automatic pistol on East Chase Street in Baltimore City. Fourteen shell casings were found at the scene. Parker was wearing a blue floppy hat. Video surveillance depicts the shooter running from the murder scene and getting into a car driven by Slowe.
In March 2013, at the direction of the FBI, the individual called Slowe from a jail phone and told Slowe that he had been sentenced to a lengthy incarceration period after being set up by a person he had known since he was four years old. Slowe agreed to commit a murder for money. Slowe requested two guns to commit the murder. The individual told Slowe that another person would meet with Slowe to provide the money and guns.
On April 26, 2013, at the FBI’s direction, an undercover officer met with Slowe, and Slowe agreed to meet her again at a later date to receive the handguns and money. Slowe was upset that he was not getting the handguns that day and would only be paid $3,000 up front, arguing that it is usually $5,000.
On April 29th, the individual spoke with Slowe and worked out details concerning the murder for hire. Slowe stated that if the intended victim was not alone, Slowe would kill the other person as well. Slowe also expressed concerns over the undercover officer because he did not know her.
On April 30, an arrest operation was planned in which the undercover officer was going to meet with Slowe and provide him the guns that he requested for the murder-for-hire. Slowe did not show up for this meeting.
On August 8, 2013 Baltimore Police arrested Slowe on drug and gun charges, and Slowe was detained.
On February 4, 2014, at the direction of the FBI, the individual called Slowe’s half-brother to hire him for the same murder. The individual had previously used the brother, in addition to Slowe, for murder-for-hire contracts in Baltimore. The brother accepted this contract from the individual. Later that same day, the brother received a recorded jail call from Slowe in which the brother explained that he received a call from the individual and that he was going to meet the individual’s girl that day. Slowe cautioned his brother about the possibility of the “girl” being a police officer or “one of them.” Additionally, Slowe admitted to taking the contract to kill, but that he did not show up on April 30, 2013 because he believed the “girl” was a police officer.
Slowe and the government have agreed that if the Court accepts the plea agreement, Slowe will be sentenced to 10 years in prison for the use of interstate commerce to facilitate the commission of a murder for hire, which will be served concurrently to a sentence of between 23 and 27 years in prison for conspiracy to use interstate commerce to facilitate the commission of a murder for hire that resulted in death. Chief U.S. District Judge Catherine C. Blake has scheduled sentencing for August 10, 2016 at 9:30 a.m.
Co-defendant Davon Sanford, a/k/a “Chronic,” age 33, of Baltimore, was indicted on the same charges. His initial appearance and arraignment are scheduled for July 1, 2016.
United States Attorney Rod J. Rosenstein praised the FBI, Baltimore Police Department, Safe Streets Task Force and Baltimore State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys James G. Warwick and Joshua T. Ferrentino, who are prosecuting the case.
Avon Property Developer Sentenced for Exposing Workers to Asbestos During Removal OperationsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that Anastasios “Taso” Kolokouris, 32, of Avon, NY, who was convicted of violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance, was sentenced to two years probation, 150 hours of community service, and fined $15,000 by Chief U.S. District Judge Frank P. Geraci. The defendant must also pay restitution to the victims in the case.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant was one of the owners of a warehouse located at 920 Exchange Street in Rochester. Acting on a complaint, an inspector from the New York State Department of Labor, Asbestos Control Bureau visited the Exchange Street warehouse on December 13, 2011. Upon arrival, the inspector observed people, including a 16 year old child, working in a large dumpster next to a loading dock. The inspector observed large quantities of white fibrous material, later confirmed to be asbestos, in and around the dumpster. He also noted that the people working in the dumpster did not have proper personal protective equipment, and that there was no asbestos warning signs on the dumpster.
The warehouse at 920 Exchange Street sits directly adjacent to residential homes on both the Exchange Street and Violetta Street sides, and there is a school bus stop directly outside its main gate.
When the Asbestos Control Bureau inspector made contact with the workers, they called Kolokouris to tell him about the inspection. However, the defendant told the workers not to speak with the inspector, and instead directed them to leave the area and lock the gate, which they did. While on site, however, the inspector took samples of the white fibrous material from in and around the dumpster. A lab later confirmed these samples to contain high levels of friable asbestos.
Criminal investigators from the United States Environmental Protection Agency (EPA) and the New York Department of Environmental Conservation (DEC) were notified and responded to secure the scene. A federal search warrant was obtained and federal and state agents entered the property wearing full containment suits. When agents entered the warehouse, they discovered over 90 bags of dry, friable asbestos inside the loading dock area. Agents also discovered evidence of unlawful abatement inside the warehouse involving asbestos contamination of more than 150,000 square feet. Agents took multiple samples from in and around the warehouse. These samples were analyzed by a lab, and they all tested positive for high levels of asbestos. Additional evidence located inside the warehouse connected Kolokouris to the illegal asbestos activities.
During the investigation, workers were interviewed and indicated that they knew Kolokouris from other odd jobs he had hired them to perform at other properties he is connected to. They reported that the defendant told them that he would pay cash to remove asbestos from the dumpster outside the warehouse because the container company would not remove the dumpster while it was full of asbestos. None of the workers that Kolokouris used were certified or trained to work with asbestos. They also confirmed that one of the workers was only 16 years old; and that Kolokouris had picked the child and his mother up from home and drove them to Rochester where he paid them to remove asbestos from the dumpster. Kolokouris never provided any of the workers with proper masks, protective suits, or other personal protective equipment. Instead Kolokouris only gave them simple dust masks.
In 1971, The United States Environmental Protection Agency designated asbestos as a hazardous air pollutant. There is well established scientific data documenting the harmful effects of asbestos. Exposure to asbestos can cause a debilitating lung disease called asbestosis; a rare cancer of the chest and abdominal lining called mesothelioma; and cancers of the lung, esophagus, stomach, colon, and other organs. Congress has found independently that "medical science has not established any minimum level of exposure to asbestos fibers which is considered safe to individuals exposed to fibers.”
Today’s sentencing is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge Vernesa Jones-Allen, Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain John Burke, the New York State Department of Labor, Asbestos Control Bureau, under the direction of Eileen Franco, and Officers from the City of Rochester Police Department, under the direction of Chief Michael Ciminelli.
Atlanta Man Sentenced for Fraud Scheme That Used Homeless to Cash Counterfeit ChecksRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Atlanta, Ga., man was sentenced in federal court today for leading a bank fraud conspiracy that used homeless men to cash counterfeit payroll checks at banks in the Kansas City area.
Norman Weaver, 51, of Atlanta, was sentenced by U.S. Chief District Judge Greg Kays to eight years in federal prison without parole. The court also ordered Weaver to pay $57,772 in restitution.
On Oct. 20, 2015, Weaver pleaded guilty to participating in a conspiracy to commit bank fraud from Dec. 21, 2012, to Feb. 1, 2013.
According to court documents, Weaver created and led a crime wave throughout several states. Weaver led a conspiracy to steal business mail then use banking information from that stolen mail to counterfeit checks on business accounts. Conspirators recruited homeless men to pass the counterfeit checks to banks. The scheme was very successful for approximately 10 years, which led to the formation of several “crews” originating from Atlanta.
Weaver led one of the longest-lasting and most prolific of the crews. More than $400,000 in counterfeit checks was passed in the Kansas City area over the course of a few months in late 2012 and early 2013. Nationwide, more than $8 million in counterfeit checks was passed by various crews traveling across the country.
Once the counterfeit checks were made, Weaver passed them to the handlers, who then passed them to the homeless persons to cash at local banks. Once checks were successfully passed, Weaver got the money and distributed it as the leader. Investigation revealed an intended loss of $106,341 attributable to Weaver, which included an actual loss of $57,772.
In addition to Weaver, 10 co-defendants from the Atlanta area pleaded guilty to their roles in this conspiracy. Markus Allen Bryant, 34, Gary Merritt, 56, Anthony Bernard Lowe, 54, Preston Tyrone West, 57, Derrick Nate Andrews, 25, Howard Youngblood, 42, and Michael Lee McWilliams, 54, worked for Weaver and recruited more than 75 homeless people to use their own identification to cash the checks. Calvin Almond, 49, assisted others in the scheme and acted as a personal driver for Weaver. Truly Bernard Matthews, 50, assisted in the printing of counterfeit payroll checks. Ariel Weaver Morris, 43, provided check stock to the conspirators to make the counterfeit checks.
Matthews was sentenced to 10 years and four months in federal prison. Bryant and Merritt were each sentenced to five years in federal prison. Lowe was sentenced to four years and four months in federal prison. Almond was sentenced to two years and 11 months in prison. Howard Youngblood, Michael McWilliams and Derrick Andrews were each sentence to time served. Morris is scheduled to be sentenced on Wednesday, June 22, 2016.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the U.S. Postal Inspection Service, the Kansas City, Mo., Police Department, the Leawood, Kan., Police Department and the Atlanta, Ga., Police Department.
Albion Man Convicted of Sexual Exploitation of A Child and Possession of Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN – Jeffrey Duane Cox, 44, of Albion, Michigan was convicted by a federal jury of seven counts of Sexual Exploitation of a Child and two counts of Possession of Child Pornography, U.S. Attorney Patrick A. Miles, Jr. announced today. The jury returned a verdict after hearing testimony and reviewing evidence during a six-day trial. Cox faces up to 240 years of imprisonment for these offenses; he will be required to serve a term of at least five years of supervised release after his prison term has been completed; and he will also be required to register as a sexual offender.
The evidence presented at trial showed that Cox sexually abused and exploited seven children during 2012, 2013, and 2014. He lured the children into his home, convinced them to trust him, and then sexually abused and exploited them. Cox photographed and videotaped the children engaged in sexually explicit conduct in his home, personally taking photographs and setting up video cameras to record the exploitation, and sometimes using another person to take the photographs. Cox stored the images and video on multiple devices in his home in Albion.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case was investigated by a consortium of law enforcement agencies and departments, including the Department of Homeland Security, Homeland Security Investigations (HSI), Albion Department of Public Safety, Emmett Township Department of Public Safety, Battle Creek Police Department, and Calhoun County Sheriff’s Office. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
END
10th Street Gang Member Sentenced for His Role in Two MurdersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Douglas Harville, 28, who was convicted of Racketeering Influenced Corrupt Organizations Conspiracy (RICO Conspiracy), was sentenced to 210 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joseph M. Tripi, who handled the case, stated that between 2000 and 2010, the defendant was a member of the 10th Street Gang. As a part of his involvement in the gang, Harville participated in the murder of Brandon McDonald and Darinell Young on April 17, 2006 on Pennsylvania Street in Buffalo. The victims were innocent bystanders who were standing in front of a house when the defendant and six other gunmen mistook them as rival 7th Street Gang. During the ensuing shooting, in which several handguns and shotguns were used, Brandon MacDonald was shot in the chest and Darinell Young was shot in the leg. Four additional victims were also shot and suffered injuries.
Harville, a 10th Street Gang member also possessed firearms, sold marijuana, cocaine, crack cocaine, and other controlled substances on the West Side of Buffalo.
The defendant is one of 44 10th Street Gang members and associates convicted in this case.
The sentencing is the culmination of an investigation on the part of Investigators of the New York State Police under the direction of Major Steven Nigrelli, the Buffalo Police Department under the direction of Commission Daniel Derenda, and Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen.
"Spice" Dealers Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that two dealers involved in the manufacture and distribution of “spice,” or synthetic marijuana, were sentenced in federal court. Shannon Christopher Parks, 23, and Cordale Eason, 24, both of Gulfport, Mississippi, entered guilty pleas to the charge of conspiracy to possess with intent to distribute a controlled substance during early 2016. Court documents show that Parks and Eason were arrested by federal and local authorities when they came to Mobile to pick up a shipment of the chemicals used to treat the “spice,” which had been imported from China. This chemical, AB-FUBINACA, was at that time a schedule I controlled substance, and it was delivered in powder form. Parks and Eason were indicted on the charges in October of 2015.
United States District Court Judge Ginny Granade imposed the sentences. In Parks’ case, Judge Granade imposed a sentence of 36 months imprisonment. As for Eason, the judge imposed a sentence of 57 months imprisonment, finding that Eason’s longer criminal history justified the difference in the length of the prison terms. Judge Granade found that neither defendant could pay a fine, but she ordered both to pay $100 special mandatory assessment. She also ordered that each would serve a three-year term of supervised release, to commence upon their discharge from prison.
The case was investigated by the United States Postal Service Postal Inspectors, the Mobile County Sheriff’s Office, and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
19 June 2016
Attorney General Lynch to Travel to OrlandoRead the Press Release
Attorney General Loretta E. Lynch will travel to Orlando on TUESDAY, JUNE 21, 2016, to meet with victims, first responders and other members of the community impacted by the terrorist attack in Orlando. The Attorney General will also receive an operational briefing at the investigation command center and hold a media availability with U.S. Attorney A. Lee Bentley III of the Middle District of Florida.
WHO:
Attorney General Loretta E. Lynch
U.S. Attorney A. Lee Bentley III of the Middle District of Florida
WHEN:
TUESDAY, JUNE 21, 2016
2:15 p.m. EDT
WHERE:
U.S. Attorney’s Office Middle District of Florida – Orlando Office
400 W. Washington Street
Suite 3100
Orlando, FL 32801
OPEN PRESS (Media Gather Time: 1:00 p.m. EDT; Final Access: 2:00 p.m. EDT)
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. Members of the media must RSVP to [email protected] by MONDAY, JUNE 20, 2016, at 5:00 p.m. EDT. Space is limited and not guaranteed. Press inquiries regarding logistics should be directed to [email protected].
17 June 2016
Winner Man Charged with Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.
Joseph Edward Cordier, age 38, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 10, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or up to $500,000 in fines, up to life of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between June 19, 2007, and June 19, 2009, Cordier engaged in, and attempted to engage in a sexual act and sexual contact with a child under the age of 12 years old.
The charge is merely an accusation and Cordier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Cordier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Vice President of X-Ray Company Sentenced to Four Years in Federal Prison for Health Care FraudRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Timothy Emeigh, age 52, of York Springs, Pennsylvania today to four years in prison, followed by one year of supervised release, for health care fraud arising from a scheme in which insurance providers and Medicare were fraudulently billed for tests interpreted by unlicensed personnel, and for tests and services which in fact had not been provided.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; and Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation.
According to his plea agreement, Emeigh was a licensed x-ray technologist in Maryland. Emeigh was not a licensed physician. Emeigh worked at Alpha Diagnostics Services beginning in 1993 as an x-ray technologist. In 1997, he was named vice president of the company’s operations by Rafael Chikvashvili, the CEO and owner of Alpha Diagnostics.
Alpha Diagnostics was principally a portable x-ray supplier in Maryland, Delaware, Pennsylvania and Virginia. However, Alpha Diagnostics also supplied or provided portable ultrasound tests, electrocardiograms (“EKGs”), echocardiograms and Holter monitors. The majority of its clients were nursing homes, whose patients Alpha Diagnostics tested. Alpha Diagnostics was headquartered in Owings Mills, Maryland with an office in Harrisburg, Pennsylvania. Alpha Diagnostics was enrolled in the Medicare program. Medicare required that a licensed physician order and interpret the x-ray or other test, and render a formal report.
Nonetheless, in 1997, at Chikvashvili’s request, Emeigh began performing x-ray interpretations in lieu of a licensed physician or radiologist, and producing fraudulent reports using the names of actual physicians who had never seen the x-rays in question. In 2003, as technology improved, Emeigh began interpreting medical tests and writing reports in the name of registered licensed physicians from his home using his home computer. In addition to x-rays, Emeigh began interpreting and drafting fraudulent reports for ultrasounds and EKGs from his home, while traveling out of state, and at times, from overseas. Sometimes Emeigh performed medical interpretations and transmitted x-ray images using a cell phone application. Emeigh maintained steady communication with Chikvashvili regarding the interpretation reports that he created from remote locations.
By 2010, Emeigh performed more than 70% of the x-ray interpretations, masquerading as a licensed radiologist or physician. On an average month, more than 1,000 x-ray interpretations were conducted by Alpha Diagnostics in Maryland alone.
Emeigh suggested to Chikvashvili that he transmit particularly difficult medical interpretations to actual licensed physicians. If a patient caregiver contacted Alpha Diagnostics to question any of the medical interpretation reports generated by Emeigh or other unlicensed Alpha Diagnostics personnel, Emeigh and Chikvashvili reassigned the diagnostic interpretation to an actual licensed physician for a second interpretation, who was not apprised of the first interpretation and conclusion.
Alpha Diagnostics would bill insurance providers for 2-view chest x-rays even where single-view x-rays had been ordered or performed. Alpha Diagnostics routinely submitted insurance payment claims which exaggerated the number of anatomical views performed by its x-ray and ultrasound technologists; and for multiple transportation charges on occasions when multiple patients had been examined at the same facility. Alpha Diagnostics would routinely bill Medicare for “global” x-ray procedures (i.e., both professional and technical components), along with transportation and setup charges, for studies interpreted "in-house" by Emeigh or other unlicensed Alpha Diagnostics personnel.
From January 2007 through October 2012, the financial loss to Medicare alone for the misconduct described above was more than $2.5 million.
The owner of Alpha Diagnostics, Rafael Chikvashvili, age 69, of Baltimore, Maryland, was sentenced on June 15, 2016, to 10 years in prison, followed by two years of supervised release, for charges related to a health care fraud and wire fraud conspiracy resulting in the deaths of patients, as well as false statements and aggravated identity theft, related to a scheme to defraud Medicare and Medicaid of more than $6 million. Chikvashvili was convicted by a federal jury on February 17, 2016.
United States Attorney Rod J. Rosenstein praised the HHS- Office of Inspector General and FBI for their work in the investigation, and thanked Assistant U.S. Attorneys Leo J. Wise and P. Michael Cunningham, who prosecuted the case.
United States Dismisses Prosecution Against Federal ExpressRead the Press Release
The United States Attorney's Office announced today that it moved to dismiss the indictment in United States v. FedEx. The Honorable Charles R. Breyer, U.S. District Judge, granted the motion today and dismissed the indictment.
United States Attorney John E. Kuhn, Jr. Delivers Remarks at Annual Pride FestivalRead the Press Release
Remarks as prepared for delivery
LOUISVILLE, KY
Thank you, Greg [Fischer], for that kind introduction and your dedication to equal rights, equal justice, fairness and inclusiveness.
I cannot begin to express how much it means to me to be with all of you here today. I do wish we stood here together in a spirit of undiminished, unalloyed, pure celebration. This past year was marked with important milestones, not the least of which was a milestone Supreme Court decision announced exactly one week after last year’s Pride Festival, a decision that finally secured freedom and equality in marriage for all of us. I wish – with all my heart – I wish that our hearts today were full of nothing but joy and pride.
Tragically that is not the case. Today we reel from the unconscionable terrorist attack on the innocents at the Pulse club in Orlando. Our hearts ache with the weight of the unfathomable losses of our brothers and sisters.
I am here today to tell you that my office – the United States Attorney’s Office – and the Department of Justice stand with you in support and commiseration. The Attorney General of the United States has asked U.S. Attorneys all over the country to speak to you. And because I cannot improve upon the remarks of Deputy Attorney General Sally Yates, I will share them with you. She said:
“Words cannot express the depth of our sorrow or the measure of our grief for all those whom we lost and all those whose lives have been changed forever. What happened in Orlando . . . was a horrifying act of evil and of terror. For the LGBT community, Pulse was more than a place to celebrate and see friends. It was a place that promised safety, inclusion and the freedom for people to be themselves – the same promise our country has made to all of us. This was an attack on that promise. It was an attack on our values, on our country and on our national community. It was an attack on who we are as a nation and as a people. And our country as a whole stands united in its response to this cowardly and despicable act.”
So let me say this. You have much to be proud of. Even in the shadow of this darkness and evil, the future is bright with promise for you. I pledge to you we will continue our fight together for universal equality, for acceptance, inclusion, freedom and security. We must continue on, together. Stronger. Brave. Unbowed. More determined than ever. And as we fight, let us always remain the force that you have been all along: a force of peace, courage, hope and love.
Two Arizona Men Charged Federally for Five Pounds of HeroinRead the Press Release
BOISE – Rodrigo Ramirez, 22, and Irwin Camacho, 20, both of Phoenix, Arizona, were arrested last night in Canyon County after being found in possession of over five pounds of black tar heroin, U.S. Attorney Wendy J. Olson announced. Ramirez and Camacho were arraigned on a complaint this afternoon in federal court, which charged them with possession with intent to distribute 1000 grams or more of heroin.
The charge of possessing with intent to distribute 1000 grams or more of heroin is punishable by at least ten years in prison and not more than life, a maximum fine of $10,000,000, and at least five years of supervised release.
The case is being investigated by the Drug Enforcement Administration and the Special Investigations Unit of the Nampa City Police Department
A complaint is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Tulsa Man Pleads Guilty to Sexual Exploitation and Extortion of a MinorRead the Press Release
TULSA, Okla.— A Tulsa man pleaded guilty today to sexual exploitation of a child and extortion, announced United States Attorney Danny C. Williams Sr. of the Northern District of Oklahoma.
Christopher Lee Gunkel, 30, was indicted on May 3, 2016, and sentencing is scheduled for September 21, 2016.
According to court documents, Gunkel admitted to coercing a 14-year-old girl to send him sexually explicit photos and videos from January to November 2014. Gunkel admitted to threatening to distribute the sexually explicit images of the 14-year-old girl to her family and friends if she refused to send more naked and sexually explicit images of herself to him.
At the time of sentencing, Gunkel faces a minimum mandatory sentence of 15 years imprisonment and a mandatory maximum sentence of 30 years imprisonment.
The Federal Bureau of Investigation was the investigating agency. Assistant United States Attorney Andrew J. Hofland is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Sutter County Man Sentenced to 3 Years of Probation for Violating Migratory Bird LawsRead the Press Release
SACRAMENTO, Calif. — William Louis Filter, 46, of Live Oak, was sentenced today to three years of probation for unlawful baiting and the unlawful taking of a migratory game bird by aid of bait, Acting United States Attorney Phillip A. Talbert announced.
On May 4, 2016, a jury found Filter guilty after a two-day trial. The evidence at trial showed that Filter baited a field on his family’s hunting ranch in the Sutter Buttes by covering it with birdseed in order to attract mourning doves. On September 1, 2015, which is opening day of mourning dove season, Filter returned to the baited field with three others. Altogether, they shot and killed 34 mourning doves in less than three hours.
At the sentencing hearing, it was revealed that Filter had a history of fish and game violations, causing his hunting privileges to be revoked between 2009 and 2012.
During probation, Filter is required to obey the following special conditions: serve a three-year ban from hunting; surrender his hunting license to the U.S. Attorney’s Office; perform 120 hours of community service at a nonprofit organization that benefits animal welfare, nature conservation, or the environment; and, pay a $5,000 fine within six months.
This case was the product of an investigation by the United States Fish and Wildlife Service and the California Department of Fish and Wildlife. Special Assistant United States Attorneys Benjamin Nelson and Elliot Wong prosecuted the case.
Springfield Man Pleads Guilty to Federal Cocaine and Heroin ChargesRead the Press Release
BOSTON – A Springfield man pleaded guilty today in U.S. District Court in Worcester in connection with distributing cocaine and heroin.
Rafael Dominguez, 42, pleaded guilty to four counts of distribution of cocaine, one count of distribution of heroin and one count of possession with intent to distribute at least 500 grams of cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for September 12, 2016.
On five occasions from June to December in 2013, Dominguez distributed cocaine or heroin to an individual cooperating with federal agents. Dominguez’s distribution was caught on video and audio tape. Dominguez was then found with nearly 3 kilograms of cocaine. At his plea hearing, Dominguez admitted that he was responsible for distributing between 50 and 150 kilograms of cocaine and between 40 and 60 grams of heroin.
The charges of distribution of cocaine and heroin each provide for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. The charge of possession with intent to distribute at least 500 grams of cocaine provides for a sentence of at least five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of $5 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; 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 Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
Second of Two Defendants Who Fled During Trial for Drug Trafficking Sentenced to Seven Years in PrisonRead the Press Release
The second of two King County residents who was convicted, in absentia, of Conspiracy to Distribute Ecstasy in 2009, was sentenced today in U.S. District Court in Seattle to seven years in prison, announced U.S. Attorney Annette L. Hayes. KAUSHAL KAINTH, 27, formerly of Renton, Washington, failed to appear in the middle of the third day of his trial – fleeing before closing arguments could begin. KAINTH was ultimately arrested in Canada and returned to the U.S. for sentencing in January 2016. KAINTH’s co-defendant, Hardeep Singh, 25, formerly of Kent, Washington, fled following the first day of trial, and was arrested in Canada in 2013 and sentenced to seven years in prison in 2014. At sentencing today U.S. District Judge Richard A. Jones noted that the pair attempted to distribute a large amount of drugs and that “once you put those drugs into the stream of commerce you have no idea what could happen.” In announcing the seven-year sentence, Judge Jones also considered that KAINTH “absconded” in violation of the court order that required his appearance at trial.
According to testimony at trial and records filed in the case, KAINTH and Singh conspired to distribute large amounts of ecstasy. Over eight days in early May 2009, the men agreed to pay a third man to deliver large amounts of ecstasy and another drug, BZP, to co-conspirators at the Southcenter Mall in Tukwila, Washington and in San Jose, California. KAINTH and Singh did not know the man that they offered to pay to deliver the drugs was working with law enforcement. The man recorded both defendants on audio and video. In all KAINTH and Singh gave that person working with law enforcement some 285,000 pills worth more than $2.8 million. The pills were all seized by law enforcement.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). The case was prosecuted by Assistant United States Attorney Brian Werner.
Savannah Firearms Dealer Pleads Guilty to Selling Machine GunsRead the Press Release
SAVANNAH, GA - David Gould, 38, a licensed firearms dealer from Savannah, Georgia, pled guilty today in Brunswick, Georgia before Chief U.S. District Judge Lisa Godbey Wood to multiple charges relating to his unlawful sales of machine guns.
According to court documents and statements made in court, in January 2016, the ATF received information that Gould, a licensed federal firearms dealer, was seeking to sell fully-automatic, untraceable machine guns for cash. The ATF conducted an undercover operation, during which Gould sold two fully automatic AR-15 .223 machine guns. The sales occurred in Savannah and Brunswick. Unbeknownst to Gould, he sold the machine guns to an undercover police officer. The machine guns sold by Gould were not registered; they did not have serial numbers; and they were made and possessed in violation of the National Firearms Act. The National Firearms Act limits and regulates the possession of fully automatic weapons. In addition to machine guns, Gould also sold the undercover officer large quantities of marijuana on two separate occasions. During each of the drug sales, Gould himself was armed.
If his plea agreement with the Government is accepted by the Court, Gould will serve 15 years in prison for his crimes. There is no parole in the federal system. Gould’s sentencing will be scheduled after the U.S. Probation Office conducts a presentence investigation.
The case was investigated by the ATF, the GBI and the Glynn County Sheriff’s Office. Assistant United States Attorney E. Greg Gilluly, Jr. is prosecuting the case on behalf of the United States.
Sacramento Man Found Guilty of Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — After a five-day trial, a federal jury found Albert Lee Mitchell, 69, of Sacramento, guilty of one count of receipt of child pornography, Acting United States Attorney Phillip A. Talbert announced.
On November 15, 2012, Mitchell was indicted on a single count of receipt of child pornography. According to the indictment, between April 16, 2012, and November 5, 2012, Mitchell received images of child pornography via the internet.
According to evidence produced at trial, on November 5, 2012, a search warrant was executed at Mitchell’s residence after law enforcement identified an IP address located there offering files of child pornography. At the time of the search, dozens of images of suspected child pornography were set to be downloaded on a file-sharing network on a computer located at the search site. Mitchell admitted to ownership of the computer and to being its sole user. A forensic review of the computer and other devices found in Mitchell’s home office revealed a collection of thousands of depictions of child pornography.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys Audrey B. Hemesath and Josh F. Sigal are prosecuting the case.
After the jury announced its verdict, Mitchell was taken into custody as a danger to the community. Mitchell is scheduled to be sentenced on September 28, 2016, by United States District Judge Kimberly J. Mueller. Mitchell faces a maximum statutory sentence of 20 years in prison. 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.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Roanoke Man Pleads Guilty to Sex Trafficking, Methamphetamine, and Gun ChargesRead the Press Release
ROANOKE, VIRGINIA – A Roanoke man, who conspired with others to distribute drugs and engage in sex-trafficking, pled guilty this afternoon, United States Attorney John P. Fishwick Jr. announced.
Brandon Scott Thomas, a.k.a. “Gambino,” age 25, of Roanoke, Virginia, pled guilty to one count of conspiring to possess with the intent to distribute at least 50 grams of methamphetamine, two counts of sex trafficking by fraud, force or coercion, one count of conspiring to commit sex trafficking by fraud, force or coercion, and one count of possession of a firearm in furtherance of a drug-trafficking crime.
“These women were trapped by addiction and the violent nature of a man who preyed upon their vulnerabilities,” United States John P. Fishwick Jr. said today. “We are proud of the work law enforcement did to bring this defendant to justice and hopefully bring these victims of sex-trafficking to a brighter future.”
“Human trafficking is one of the most heinous crimes we investigate,” said Clark E. Settles, Special Agent in Charge of Homeland Security Investigations’ Washington, D.C. field office. “Traffickers have no regard for human life, and they treat their victims as commodities. In this case, Thomas sold women just like he sold drugs. Today’s guilty plea ensures justice for his victims and makes southwest Virginia a safer place with one less trafficker on the streets.”
According to evidence presented at today’s and previous hearings by Assistant United States Attorneys Donald R. Wolthuis and Laura Day Rottenborn, Thomas conspired with others from at least July 2015 until his arrest in March 2016 to distribute heroin, methamphetamine, and other drugs, and he periodically possessed firearms in connection with his drug trafficking.
In addition, Thomas admitted today that he ran a prostitution business involving multiple women that operated out of hotels in Roanoke and Charlottesville. To promote the business, Thomas posted prostitution advertisements on the website, www.backpage.com. Thomas admitted that several of the women who worked for him engaged in prostitution as a result of Thomas’ fraud, force, and/or coercion. Thomas admitted that he prostituted women identified as V1, V3, and V4 in Roanoke and elsewhere in the Western District of Virginia, and admitted that he beat and threatened to beat the women, and took advantage of their drug dependencies, to compel their prostitution services.
Thomas admitted that beginning in September 2015 and continuing through February 2016, he was physically abusive to V4 on a regular basis. He admitted to slapping, punching, and choking her. On at least one occasion, Thomas admitted he held a knife to the throat of V4. On a separate occasion, Thomas used a taser on V4 and also beat V4 while she was pregnant. Many of these actions took place in front of other victims.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Roanoke City Police Department, the Roanoke County Police Department, the Salem Police Department, and the Virginia State Police. Assistant United States Attorneys Donald R. Wolthuis and Laura Day Rottenborn prosecuted the case for the United States.
Riverhead Physician Assistant Pleads Guilty to Conspiracy to Illegally Prescribe OxycodoneRead the Press Release
Michael Troyan, a physician assistant who operated two urgent care clinics on the east end of Long Island, today pleaded guilty to conspiring to illegally distribute oxycodone, a highly addictive prescription pain medication. The guilty plea was entered before United States District Judge Denis R. Hurley at the U.S. Courthouse in Central Islip. When sentenced, Troyan faces a maximum sentence of 20 years’ imprisonment and a $1 million fine.
In announcing the guilty plea, United States Attorney Robert L. Capers expressed his grateful appreciation to the DEA’s Long Island Tactical Diversion Squad, which led the government’s investigation in this case.
According to court filings and statements made in court during the guilty plea, between November 2011 and October 2015, Troyan, who was authorized to prescribe controlled substances, issued prescriptions for thousands of oxycodone pills to co-conspirators for the purpose of illegally re-selling the pills. During the investigation, Troyan was captured on video in an undercover operation writing phony prescriptions at his Riverhead medical office for oxycodone and receiving large quantities of cash – half the profit from prior illegal sales. As part of his guilty plea, Troyan agreed to forfeit $710,290 attributable to illegal prescription sales.
One of Troyan’s co-conspirators was Southampton Town Councilman Bradley Bender, who is scheduled to be sentenced on June 24, 2016. Bender’s resignation as a Councilman was accepted by the Southampton Town Board on the day of his guilty plea, November 24, 2015.
This case is part of a series of federal prosecutions by the United States Attorney’s Office as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in the Eastern District of New York, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Prevention has called an epidemic increase in the abuse of opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 18 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, and a pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorneys Allen Bode and James Knapp.
The Defendant:
Name: MICHAEL TROYAN
Age: 37
Residence: Riverhead, New YorkPeoria Man to Serve 30 Years in Prison and Lifetime Supervised Release for Distributing Child PornographyRead the Press Release
Peoria, Ill. – U.S. District Judge Michael M. Mihm sentenced Jacob T. Burmood, 24, of the 6800 block of N. Fawndale Drive, Peoria, Ill., today to serve 30 years in prison to be followed by a lifetime term of supervised release for the offense of distribution of child pornography.
The charges are the result of an investigation by the Peoria Police Department, acting in participation with the Illinois Attorney General’s Internet Crimes Against Children (ICAC) taskforce and the National Center for Missing and Exploited Children. Assistant U.S. Attorney Ron Hanna prosecuted the case.
On Jan. 25, 2016, Burmood pled guilty to the offense. According to court documents, on Oct. 14, 2015, Peoria police officers executed search warrants on Burmood’s person, his residence, and various computers and electronic media. A subsequent forensic analysis of Burmood’s computer showed that he possessed more than 3,000 images and approximately 200 video files of minors engaged in sexually explicit conduct with other minors and adults. The forensic review further revealed that Burmood distributed child pornography to others using an e-mail account.
Burmood is a registered sex offender as a result of a prior conviction for a sex crime in Illinois in 2011. He has remained in the custody of the U.S. Marshals Service since he was arrested on Oct. 16, 2015.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Oswego County Man Charged with Distribution of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Richard S. Buffham, 48, of West Monroe, New York, was arrested yesterday on charges of distribution of child pornography following an investigation by Special Agents of the Department of Homeland Security Investigations (“HSI”), the New York State Police-Computer Crime Unit and the New York State Police, Bureau of Criminal Investigation (BCI-Pulaski), announced United States Attorney Richard S. Hartunian.
The criminal complaint alleges that from September through November of 2015, Buffham posted files containing child pornography on a social media site.
The defendant appeared yesterday in federal court in Syracuse, New York, before United States Magistrate Judge David E. Peebles and was ordered detained without bail.
If convicted of distributing possessing child pornography, Buffham faces a mandatory minimum sentence of five (5) years imprisonment, a maximum term of 20 years imprisonment, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
Oakland Man Charged with Production of Child PornographyRead the Press Release
OAKLAND –D’mar Dwain Jennings Conway appeared in court today and was arraigned on charges he produced and possessed child pornography, announced United States Attorney Brian J. Stretch and Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin. The appearance follows an indictment handed down by a federal grand jury yesterday and a complaint and affidavit filed May 26, 2016.
Conway, 28, is a resident of Oakland. According to the indictment and complaint, during a search of Conway’s Fruitvale neighborhood residence, HSI agents seized a video camera and a digital storage card for the video camera. On the storage card, agents found numerous digital images that allegedly show Conway abusing a young boy between the ages of 3 and 6 years old by engaging in various sex acts with him in Conway’s residence. In the indictment, Conway is charged with one count of sexual exploitation of children, in violation of 18 U.S.C. §§ 2251(a) and (e); and one count of possession and access with intent to view child pornography, in violation of 18 U.S.C. §§ 2252(a) and (b). The indictment alleges Conway abused the child between the years of 2007 and 2010.
Conway was arrested on May 26, 2016, and made his initial appearance in federal court on the federal complaint on May 27, 2016. He was remanded into the custody of the U.S. Marshal on May 26, 2016, and remains in custody. The defendant’s next scheduled appearance is at 1:00 p.m. on July 19, 2016, before the Honorable Jeffrey S. White, U.S. District Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of violating 18 U.S.C. § 2251, the defendant faces a mandatory minimum prison sentence of 15 years, a maximum sentence of 30 years, and a fine of $250,000 plus restitution, if appropriate. If convicted of violating 18 U.S.C. § 2252(a)(4), the defendant faces a maximum sentence of 20 years, a fine of $250,000, plus restitution, if appropriate. Additional fines and a term of supervised release also may be imposed, however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Denise Marie Barton and Brian Lewis are prosecuting the case with the assistance of Trina Khadoo. The prosecution is the result of an ongoing investigation by the United States Department of Homeland Security.
If members of the public have any information relevant to this investigation or to suspected child predators or suspicious activity, HSI encourages them to contact HSI through the toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form at https://www.ice.gov/webform/hsi-tip-form. Both are staffed around the clock by investigators. Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.
Nine Arrested for Running Methamphetamine, Cocaine and Marijuana Distribution ConspiracyRead the Press Release
LUBBOCK, Texas — Nine west Texas residents, including four alleged members of the Texas Syndicate, remain in federal custody following their arrests earlier this week on federal charges stemming from their roles in a methamphetamine, cocaine and marijuana distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
The arrests were made by special agents with the Drug Enforcement Administration and the Texas Department of Public Safety, with assistance from the Big Spring, Sundown and Levelland Police Departments, the Howard County and Lubbock County Sheriff’s Offices, the U.S. Marshals Service and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
The nine defendants made their initial appearances in federal court, and detention hearings are scheduled throughout the month of June. There remain several fugitives in the case.
Each of the below-listed defendants is charged with one count of conspiracy to distribute and possess with intent to distribute 50 grams and more of methamphetamine, 500 grams and more of cocaine and marijuana, as well as one count of using a communication facility to facilitate the conspiracy to distribute methamphetamine and aiding and abetting:
Cruz Perez, aka “Travieso,” 40
Christopher Lee Gonzalez, aka “Gonzo,” 43
Victor Manuel Castillo, aka “Victor Manuel Garza,” 43
Christopher David Gonzales, aka “Chris,” 41
Evan Cruz Parson, aka “Evan,” 21
Alexander Alfonzo Mendoza, aka “Alex,” 20
Jose Gutierrez, III, aka “Baby Joey,” 21
Jasmine Pillar Hernandez, aka “Crazy,” 32
Crystal Dimas, aka “Babe,” 28According to the indictment, defendants Perez, Gonzalez, Gonzales and Parson are allegedly members of the Texas Syndicate, a prison-based street gang involved in various criminal activities.
Defendants Perez, Gonzalez, Castillo, Gonzales, Mendoza, Gutierrez and Hernandez are also each charged with at least one count of distribution and possession with intent to distribute more than 50 grams of methamphetamine and aiding and abetting
Defendant Perez is also charged with two counts, and defendants Parson and Mendoza are each charged with one count of managing a drug premise and aiding and abetting.
A federal indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. However, if convicted, the conspiracy count carries a maximum statutory penalty of 20 years. Each of the methamphetamine distribution counts carries a mandatory minimum penalty of five years and a maximum statutory penalty of 40 years. The use of a communication facility count carries a statutory minimum penalty of four years. The managing a drug premise count carries a maximum statutory penalty of 20 years. Fines could range from $250,000 to $4,000,000.
Assistant U.S. Attorney Juanita Fielden is in charge of the prosecution.
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New Yorker Marcus Delille Imprisoned for Possessing Counterfeit Credit Cards and Driver's LicensesRead the Press Release
The United States Attorney for the District of Vermont announced that Marcus Delille, 27, of Brooklyn, New York, was sentenced today in United States District Court in Burlington to four months of imprisonment for possessing counterfeit credit cards and identification documents. Chief U.S. District Judge Christina Reiss also ordered that Delille serve three years of supervised release following completion of his prison term. The court directed that Delille surrender to the U.S. Marshal in Vermont on June 22 to begin serving his sentence.
On June 17, 2015, a federal grand jury in Rutland returned a two-count indictment charging Delille with fraudulently possessing 15 or more counterfeit access devices and unlawfully possessing five or more false identification documents. In March, Delille pled guilty to the access device count. According to court records, Delille was stopped for speeding by a Vermont State trooper on April 23, 2015 just north of Brattleboro. During the course of the traffic stop, the trooper discovered that Delille had in the rental car he was driving and on his person 39 counterfeit credit cards that had not been issued to him, as well as five counterfeit driver's licenses which appeared to have been issued by California, Texas, Pennsylvania and Illinois.
Delille was originally charged in state court with identity theft but those charges were dismissed after the federal indictment was returned. Delille is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.
New York Man Charged with Sex Assault on AirplaneRead the Press Release
NEWARK, N.J. – A Monsey, New York, man appeared in federal court today to face charges that he sexually abused a woman on a flight from Israel to Newark Liberty International Airport, U.S. Attorney Paul J. Fishman announced.
Yoel Oberlander, 35, was charged by criminal complaint with one count of abusive sexual contact on an airplane. Oberlander had his initial appearance this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court and was detained.
According to the complaint:
While on a May 29, 2016 El Al flight from Tel Aviv to Newark, Oberlander was seated next to a female passenger and her mother. During the flight, Oberlander repeatedly placed his hand on the female passenger’s thigh and breast without her consent.
Oberlander is a registered sex offender. He was previously convicted in 2002 in New York for sexual abuse in the second degree, arising from his sexual assault of an eleven-year-old girl.
The abusive sexual contact charge carries a statutory maximum of up to two years in prison and a $250,000 fine.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and the Port Authority of New York-New Jersey, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Josh Hafetz of the U.S. Attorney’s Criminal Division in Newark.
Defense counsel: David Goldstein Esq., Montvale, New Jersey
Mill Creek Man Sentenced to Prison for Importing Drug Paraphernalia and Receipt of Misbranded DrugsRead the Press Release
A Mill Creek, Washington man was sentenced today in U.S. District Court in Tacoma to six months in prison for importing drug paraphernalia and receipt of misbranded drugs, announced U.S. Attorney Annette L. Hayes. JAE SEON YOON, (AKA: Jason YOON), 56, was the president or vice-president of multiple companies doing business in Washington State over the years including J&J, Inc. (d/b/a “Top Wholesale, Inc.”), Smomax, Inc. (d/b/a “346 Glass Pipe/Master Trading”) and Three People Corp. (d/b/a/ “Cigar USA”). YOON pleaded guilty in March 2016. Following YOON’s arrest in July 2015, his assets were seized and his most recent business venture in Lynnwood, Top Wholesale, was shuttered. YOON imported and distributed drug paraphernalia and other goods with counterfeit markings that made them appear to be from established suppliers. YOON also sold ‘sex pills’ claiming to enhance sexual prowess. Such pills contained a variety of ingredients in combinations and at dosage amounts that were never approved by the FDA and were never listed on the labels. At sentencing U.S. District Judge Ronald B. Leighton said “You were persistent in your decisions to circumvent customs and counterfeit laws. This is an affront to the rule of law.”
YOON imported drug paraphernalia from China, sometimes via Canada, by marking them as vases, laboratory glassware, or oil and vinegar dispensers. Multiple shipments were seized by law enforcement; one shipment was addressed to a wholly fictitious company in an attempt to evade discovery by law enforcement. While the items were made in China, they were falsely marked with the logos of companies who manufacture similar goods in Germany and Canada. YOON also imported e-cigarettes and chargers which bore counterfeit Underwriters Lab (U/L) markings. U/L is an American worldwide safety consulting and certification company that provides safety standards for electrical devices and components. YOON then sold the counterfeit items at Top Wholesale to small “mom and pop” type retail stores.
YOON also imported counterfeit logo stickers to apply to items to increase their resale value, including Seattle Seahawks and other NFL team stickers. YOON also trafficked in “Hello Kitty” logo items despite being served with a cease and desist letter by the registered trademark owner.
In addition to the counterfeit goods and ‘sex pills,’ YOON trafficked in ‘spice’- a synthetic form of marijuana. ‘Spice’ that was seized in the course of the investigation tested positive for controlled substances. When YOON learned that the FDA was coming to discuss his operation, he had his staff move all the ‘sex pills’ and ‘spice’ to an off-site location. He then moved the contraband back to the business for its continued sale when he thought the danger from the FDA visit had passed.
In June 2015, law enforcement executed search warrants at YOON’s operations. Agents seized 200,000 items of drug paraphernalia, more than 50,000 counterfeit items of all sorts, more than 10,500 ‘sex pills,’ and hundreds of packages of spice. All told, it took more than four extended-length semi-truck trailers to remove all of the contraband and counterfeit merchandise from Top Wholesale. Agents also seized nearly $800,000 in criminal proceeds; YOON had hidden $647,900 of that amount, in cash, in a safety deposit box rented in someone else’s name. Revenue agents from the State of Washington assessed a fine in excess of $30 million for YOON’s sales of untaxed tobacco and other tobacco products since 2011.
YOON will likely be deported to his native Korea when he finishes his prison term.
The case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from U.S. Customs and Border Protection (CBP), the Washington State Liquor and Cannabis Control Board, and the Food and Drug Administration (FDA) Office of Criminal Investigations. The case is being prosecuted by Assistant United States Attorney Marci L. Ellsworth.
Mexican Man Sentenced for Illegal Reentry After DeportationRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Jose Zepeda-Del Toro, 35, of Mexico, pleaded guilty today to illegally reentering the United States after having been previously deported. Zepeda-Del Toro was sentenced to time served since his arrest on March 24, 2016. He will now be deported.
On March 24, 2016, Deportation Officers encountered Zepeda-Del Toro in Nashua, New Hampshire as part of an investigation involving the defendant’s brother. One of the Deportation Officers asked the defendant if he was legally present in the United States, whereupon the defendant admitted he was not, and that he last entered the U.S. illegally sometime after April of 2014. Zepeda-Del Toro was then taken into ICE custody for being illegally present in the U.S. and transported to the ICE-ERO office in Manchester, New Hampshire for administrative processing.
Fingerprints taken at the time of the defendant’s arrest were compared to known fingerprints of the defendant on file as the result of previous deportations. The defendant’s prints matched the known prints and identified the defendant as having been deported on April 19, 2014 and again on April 25, 2014.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Alfred Rubega.
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Meriden Man Sentenced to Prison for Federal Hate Crime OffenseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that TED HAKEY, JR., 48, of Meriden, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to six months of imprisonment, followed by three years of supervised release, for firing shots into the Baitul Aman Mosque in Meriden in November.
“We all have a right to worship freely and without fear of violence, and individuals who commit hateful, divisive and violent acts against others need to know that a prison term will be the end result,” said U.S. Attorney Daly. “This is an appropriate sentence that balances the need for justice with the defendant’s genuine expressions of remorse and the victims’ plea for a sentence that didn’t include jail time. Since the time of the shooting, the congregation of the Baitul Aman Mosque has turned this senseless and hateful crime into something positive – using their story as a way of raising awareness about the peaceful message of Islam. Rather than just letting themselves be victims, they took a stand, reached out to the defendant, and offered him forgiveness and reconciliation. Their generosity of spirit serves as a role model for all of us. I thank the FBI, ATF, Connecticut State Police and Meriden Police Department whose superb efforts not only solved a hate crime, but also helped both heal and empower the victims in this case and the broader Muslim community in Connecticut.”
“This case highlights how law enforcement, the judicial system and our community working together can affect positive social change,” said FBI Special Agent in Charge Ferrick. “This incident should serve as an educational tool and illustrate to everyone that ignorance and hate should never prevail.”
According to court documents and statements made in court, in the early morning hours of November 14, 2015, officers from the Meriden Police Department responded to citizen complaints about shots being fired around the area of 410 Main Street in Meriden, the location of the Baitul Aman Mosque. On Sunday, November 15, 2015, a family who entered the Mosque to worship noticed damage to the interior walls and the drop ceiling of the Mosque and called the police. Investigators determined that approximately three rounds shot from a high-powered rifle had penetrated the building, and another had hit an exterior area. A preliminary analysis of the trajectory of the bullets indicated that they likely came from a high-powered rifle shot from the area of 380 Main Street, the house located closest to the Mosque, which is HAKEY’s residence.
In subsequent interviews with authorities, HAKEY admitted that he had shot a Springfield M1A rifle at the Mosque on November 14, 2015.
The investigation revealed that after HAKEY had learned about terrorist attacks that had occurred in Paris on November 13, 2015, he posted the following status to his Facebook account: “What is gonna be the breaking point to go “weapons free” against Islam?”
“Weapons free” is a military command to shoot at will.
HAKEY also sent a Facebook friend a private message saying: “I hate ISLAM!.”
HAKEY’s Facebook account also contained other evidence of animus toward Muslims and Islam. For example, earlier in 2015, HAKEY had told a Facebook friend that he has “a mosque right next door” and that he had “observe[d] them with [his] binos [binoculars].” In the same conversation, he said “All Muslims must die!!! I hate them all.” In July 2015, he posted to Facebook: “If we all kill just 1 Muslim each tonight it will make a dent!.”
HAKEY was arrested on December 17, 2015. On February 11, 2016, he pleaded guilty to one count of intentionally damaging religious property through use of a dangerous weapon.
During today’s sentencing proceeding, Dr. Mohammed Qureshi, the president of the Ahmadiyya Muslim Community, spoke on behalf of the Baitul Aman Mosque congregation. Dr. Qureshi discussed the congregation’s interactions with HAKEY since the shooting occurred, detailed HAKEY expressions of remorse and asked Judge Shea to impose no additional term of incarceration. Judge Shea noted that the congregation’s victim statement was both “rare and inspiring,” but also stated the need for general deterrence in sentencing HAKEY to a term of imprisonment.
HAKEY, who is released on bond, was ordered to report to prison on August 15, 2016.
This matter was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Connecticut State Police and the Meriden Police Department.
Last of 4 defendants in Bossier City casino cash advance theft conspiracy sentencedRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that four men from Illinois were sentenced Thursday for their roles in a wire fraud conspiracy to steal tens of thousands of dollars using Bossier City casino ATMs.
Darus Sutton, 26, of Chicago, Ill., was sentenced to 12 months and one day in prison with 18 months of supervised release; Jamal Campbell, 24, of Maywood, Ill, was sentenced to 30 months in prison with three years of supervised release; Jeremy L. Coleman, 25, of Harvey, Ill., was sentenced to 12 months and one day in prison with three years of supervised release; and Nicholas Coleman, 27, of Harvey, Ill., was sentenced to 12 months and one day in prison with three years of supervised release. Additionally, Campbell was sentenced to a consecutive six-month sentence for one count of identity theft, which was a charge that arose out of a similar scheme in the Northern District of Indiana. All defendants pleaded guilty to one count of conspiracy to commit wire fraud. United States District Judge Elizabeth E. Foote presided over the hearing.
According to the guilty pleas, Sutton, Campbell, Jeremy Coleman, Nicholas Coleman and six other defendants visited the Horseshoe, Diamond Jacks and Harrah’s Louisiana Downs casinos on July 3 and 4 of 2014. The defendants used counterfeit credit cards at ATMs inside the gaming areas to make cash advances. The cards displayed the names of the defendants but the account numbers of actual victims who had their credit card information stolen. The defendants performed 53 cash advances with a total of $61,438.86 stolen.
The other six defendants who previously pleaded guilty to the conspiracy count and have been sentenced are:
Charlie Nicholson, 25, of Melrose Park, Ill., was sentenced on February 12, 2016, to 22 months in prison with three years supervised release;
Ralphael Cassibery, 24, of Chicago, Ill., was sentenced on February 12, 2016, to 24 months in prison with three years supervised release;
Jeremiah J. Scott, 24, of Harvey, Ill., was sentenced on February 12, 2016, to 23 months in prison with three years supervised release;
Ray L. Holmes Jr., 28, of Harvey, Ill., was sentenced on February 19, 2016, to 30 months in prison with three years supervised release;
Tarnasha Harden, 35, of Harvey, Ill., was sentenced on February 19, 2016, to 18 months in prison with three years supervised release; and
Ashley Thomas, 26, of Harvey, Ill., was sentenced on February 19, 2016, to 12 months and one day in prison with three years supervised release.
All defendants must pay $61,438.86 in restitution joint and severally with each other.
The U.S. Secret Service and the Louisiana State Police investigated the case. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
Jury Convicts Lockport Contractor of Defrauding City of Chicago’s Women-Owned Business Entity Procurement ProgramRead the Press Release
CHICAGO — A federal jury today convicted a Lockport subcontractor on fraud charges for scheming to help a general contractor falsely satisfy its female hiring requirement on city of Chicago construction projects.
As the owner of a certified Women’s Business Enterprise, ELIZABETH PERINO agreed to allow her company to be claimed as a subcontractor on city projects so that the general contractor could satisfy its requirement to assign a portion of the work to female-owned businesses. Perino falsified paperwork to conceal the fact that her business, Perdel Contracting Co., would perform no actual work on the projects. As a result of Perino’s fraud, Perdel expected to receive payment equivalent to a percentage of the work that Perdel fraudulently claimed to have performed.
Perino, 62, of Willowbrook, was convicted on three counts of wire fraud and one count of mail fraud. The conviction is punishable by a maximum sentence of 80 years in prison.
U.S. District Judge Gary Feinerman will schedule a sentencing hearing at a later date.
A city of Chicago ordinance establishes an overall goal of awarding at least 5% of total annual funding of all city contracts to WBEs. For contracts with values exceeding $10,000, each contractor has to commit a certain percentage of labor to WBEs, either as a joint venture or subcontractor, or by purchasing goods or services from a WBE. In addition to being a WBE, Lockport-based Perdel, which specializes in concrete and carpentry work, also qualified to participate in city projects as a certified Disadvantaged Business Enterprise.
Evidence at the four-day trial revealed that Perino and a co-worker agreed to act as a “pass-through” WBE/DBE on two city projects, meaning that Perdel’s employees would perform no work and Perdel’s equipment would not be used. For one of the projects – at O’Hare International Airport – Perino agreed to place the general contractor’s employees on Perdel’s payroll to perform the work that would be credited to Perdel. Perino also entered into a sham contract to “purchase” street sweepers from the general contractor and title them in Perdel’s name while the general contractor’s workers performed the street sweeping as purported employees of Perdel. Perino and the general contractor further agreed that, at the conclusion of the O’Hare project, the street sweepers would be returned to the general contractor for $1 per machine, and Perdel would receive 18% on top of the labor costs and $20 per hour for the street sweepers.
The conviction was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation; Thomas Ullom, Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General in Chicago; James Vanderberg, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; and Joseph M. Ferguson, Inspector General for the City of Chicago.
The government is represented by Assistant U.S. Attorneys Megan Cunniff Church and Matthew Kutcher.
Irish Citizen Sentenced on Misuse of Social Security NumberRead the Press Release
BOSTON – Francis J. Moloney, 43, of Marlborough, was sentenced yesterday by U.S. District Court Denise J. Casper to 12 months probation, with the first three months of that period in home confinement, as well as 80 hours of community service. In February, 2016, Moloney pleaded guilty to misuse of a social security number.
On March 20, 2013, Moloney, an Irish citizen living in Massachusetts, fraudulently obtained a driver’s license using the identity and social security number of an Irish national and former permanent legal resident, after that person renounced his legal status in the United States and returned to Ireland.
United States Attorney Carmen M. Ortiz; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; David Hall, Special Agent in Charge of the Department of State Diplomatic Security Service; and Scott Antolik, Special Agent in Charge, Social Security Administration, of the Office of Inspector General, Office of Investigations – Boston Field Division, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Suzanne Sullivan Jacobus of Ortiz’s Major Crimes Unit.Howard County Gymnastics Coach Charged in Federal Court with Possessing and Distributing Child PornographyRead the Press Release
Baltimore, Maryland – Howard County gymnastics coach Paul Daniel Bollinger, age 56, of Windsor Mill, Maryland was charged by federal complaint today with possessing and distributing child pornography.
The complaint was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office; Chief James W. Johnson of the Baltimore County Police Department; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Baltimore County State’s Attorney Scott Shellenberger.
According to the affidavit supporting the complaint, on May 15, 2016, an undercover Baltimore County Police detective downloaded from the internet at least 10 movie files from Bollinger’s IP address that contained child pornography.
On May 25, 2016, investigators executed a state search warrant at Bollinger’s residence and seized a desktop computer, hard drives and other digital media which contained at least 47,130 images and videos of child pornography, child modeling and child erotica. Next to Bollinger’s bed, detectives found over 100 pages of handwritten stories about “P” having sex with young children.
Bollinger was present during the execution of the search warrant and advised that he is a youth gymnastics coach and for over 30 years has coached hundreds of children. Throughout the residence were pictures of young girls in gymnastics leotards.
Bollinger faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison for possessing child pornography; and a maximum sentence of 20 years in prison for distributing child pornography. An initial appearance is scheduled for today at 1:30 p.m. before U.S. Magistrate Judge Stephanie A. Gallagher in U.S. District Court in Baltimore.
A complaint is not a finding of guilt. An individual charged by complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore County Police Department, HISI Baltimore and Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Matthew J. Maddox, who is prosecuting the federal case.
Harrisburg Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man indicted by a grand jury in Harrisburg in April 2016 on drug trafficking and firearm charges pled guilty on June 16, 2016 before United States District Court Judge William W. Caldwell.
According to United States Attorney Peter Smith, Andre Hairston, age 34, of Harrisburg, pled guilty to a charge of being a convicted felon illegally in possession of four firearms which were also stolen. The charges in the indictment arose out of the arrest of Hairston on July 16, 2015 in Harrisburg when he sold a stolen handgun to a cooperating individual. Another stolen handgun was recovered from Hairston’s car. Further investigation led to the October 23, 2015 search of an apartment in Lower Paxton Township that resulted in the recovery of two other stolen handguns and synthetic marijuana that was packaged for distribution.
The investigation was conducted by the Federal Bureau of Investigations Violent Crimes Task Force, the Harrisburg Police Department, the Pennsylvania State Police, the Lower Paxton Township Police, and the Dauphin County Probation and Parole Office. The case is being prosecuted by Assistant United States Attorney William A. Behe.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. The penalty under federal law for this offense is a mandatory minimum term of imprisonment of 15 years up to a maximum of life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Guam LGBT Community and Supporters Respond to Orlando ShootingRead the Press Release
U.S. Attorney Alicia A.G. Limtiaco, Districts of Guam and the Northern Mariana Islands (NMI), was invited by ISA Guam to the Lighting of the Latte of Freedom in Anigua, held June 16, 2016, in memory of the victims of the Orlando shooting and in support of the LGBT community. U.S. Attorney Limtiaco was also invited to give remarks at the candlelight vigil held later that night at Club Icon in Tumon. ISA Guam is an organization dedicated to supporting and advocating for Lesbian, Gay, Bisexual, and Transgender (LGBT) equality, specifically Guam’s LGBT community and supporters.
The theme for this year’s the Department of Justice (DOJ) LGBT Pride Month Program was “The Struggle for Equality Continues.” Attorney General Loretta E. Lynch at the Annual Justice Department LGBT Pride Month Observance Program, stated, “Every year during Pride Month we take a moment to commemorate the accomplishments of lesbian, gay, bisexual and transgender individuals who have spurred this country to make strides toward the stronger, more equal and more perfect Union that all Americans deserve. We talk about the road we’ve taken, the challenges we’ve faced and the obstacles we’ve overcome. And we look ahead to the journey that still stretches out before us.”
Photo of the Lighting of the Latte of Freedom Photo taken at the Candlelight Vigil in memory of the victims of the Orlando shooting Photo taken at the Candlelight Vigil in memory of the victims of the Orlando shooting