Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 25 April 2016
Convicted Felon from Hickory Hills Sentenced to More Than Six Years in Prison for Illegally Possessing Rifles and a ShotgunRead the Press Release
CHICAGO — A convicted felon from southwest suburban Hickory Hills was sentenced today to more than six years in federal prison for illegally possessing several firearms with obliterated serial numbers.
STEVEN RILEY, 24, sold a 20-gauge shotgun, two rifles and 40 rounds of assorted ammunition to an individual for $2,500 in November 2014. Unbeknownst to Riley, the buyer was a confidential informant who was working at the direction of agents from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Riley had previously been convicted of two felonies prior to the gun sale.
Riley pleaded guilty last year to one count of illegal possession of a firearm by a convicted felon. U.S. District Judge Virginia M. Kendall imposed the 75-month sentence in federal court in Chicago.
“Firearms and firearm-related violence have plagued the City of Chicago for years, and continue to do so,” Assistant U.S. Attorney Jordan Palmore argued in the government’s sentencing memorandum. “Conduct like that of the defendant in this case only contributes to this ongoing violence.”
In addition to the shotgun and rifles, Riley admitted in a plea agreement that he sold other firearms and assorted ammunition to the informant from October 2014 to February 2015. These additional sales netted Riley $3,600. In March 2015, agents executing a search warrant at Riley’s home in Hickory Hills discovered two loaded semi-automatic pistols and various ammunition, according to the plea agreement.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Jeffery Magee, Special Agent in Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Hickory Hills Police Department assisted in the investigation.
The government is represented by Ms. Palmore and Assistant U.S. Attorney Elizabeth Pozolo.
Cocaine Dealer Sentenced to 168 Months in Federal PrisonRead the Press Release
DALLAS — A Dallas man, Alondo Wheeler, a/k/a “Lil Dude,” has been sentenced by U.S. District Judge Sidney A. Fitzwater to serve 168 months in federal prison, following his guilty plea in November 2015 to one count of conspiracy to distribute cocaine, announced U.S. Attorney John Parker of the Northern District of Texas.
Wheeler, 35, was one of 16 defendants arrested in late May 2015 as part of a joint law enforcement operation led by the Dallas Police Department, Dallas County Sheriff’s Office and the Dallas FBI-Violent Gang Safe Streets Task Force, that targeted members of a cocaine and crack cocaine distribution conspiracy, as alleged in an indictment returned by a federal grand jury in Dallas on May 20, 2015.
Twenty-one defendants were charged in that indictment. To date, 12 have pleaded guilty and are awaiting sentencing.
According to documents filed in the case, Wheeler admitted that on several occasions between January 2013 and May 20, 2015, he possessed with the intent to distribute and distributed cocaine base in the Dallas area, working with co-defendants to obtain the crack. In addition, during the conspiracy, Wheeler admitted to possessing with the intent to distribute and/or distributing 106 grams of crack cocaine and 56.7 grams of cocaine.
Assistant U.S. Attorney Phelesa Guy is in charge of the prosecution.
# # #
Co-Owner of Real Estate Investment Firm Sentenced to Prison for Participating in Fraud Scheme that Ended in Massive BankruptcyRead the Press Release
SANTA ANA, California – One of the owners of a now-defunct Southern California real estate investment firm was sentenced today to 30 months in federal prison after pleading guilty to participating in a fraudulent scheme that ended with the bankruptcy of the company and hundreds of investors collectively losing as much as $169 million.
John Packard, 66, of Long Beach, was sentenced by United States District Judge Cormac J. Carney.
Packard’s business partner and co-defendant, San Clemente resident Michael J. Stewart, received a 14-year prison sentence from Judge Carney on February 29. Judge Carney ordered Packard and Stewart to collectively pay $9,234,914 in restitution to 120 victims.
Packard pleaded guilty to one count of mail fraud in 2014, admitting that he and Stewart bilked investors in Pacific Property Assets (PPA), which had offices in Long Beach and Irvine. Packard and Stewart created PPA in 1999 to purchase, renovate, operate and resell or refinance apartment complexes in Southern California and Arizona. Typically, PPA financed property acquisitions through mortgages, and it raised money from private investors to pay for renovations to the properties. After several years, PPA usually refinanced, but sometimes sold, each property.
Although PPA’s apartment rental operations were not profitable, it was able to raise cash through refinancing and selling properties. As real estate values were generally increasing until approximately 2007, the properties were refinanced at ever-higher values, which enabled PPA to use the extra refinancing proceeds to not only pay off the original mortgages, but also to make payments on other loans, make payments to investors, and to pay Stewart and Packard. In its 10 years of operations, PPA acquired more than 100 real estate properties and raised tens of millions of dollars from hundreds of investors.
By the end of 2007, when the real estate market began to decline and credit became scarce, PPA’s business model was no longer feasible. To keep PPA afloat, from early 2008 through April 2009, Stewart and Packard raised more than $34 million dollars from new investors, many of them elderly and retired persons who were investing their retirement funds in the company. For example, one 74-year-old investor testified at Stewart’s trial that in early 2009, shortly after her husband passed away, Stewart’s staff persuaded her to invest virtually all her retirement savings in PPA.
The defendants used those new funds to pay earlier investors, mortgage lenders, other company expenses, and Stewart and Packard themselves – including their annual salaries of $750,000 and hundreds of thousands of dollars in additional compensation. Packard testified at Stewart’s trial that, in 2008, he and Stewart knew that PPA was dependent on these investor loans to make its monthly debt payments and continue operating, and the company was unable to raise money through other means.
In the last investor offering in early 2009 – which PPA called the Opportunity Fund – investors were told that their funds would be used to purchase new real estate properties. In fact, none of the more than $9 million raised as part of this offering was used for that purpose. Instead, the money was used to pay earlier investors and banks, to pay Stewart and Packard, and to pay PPA’s bankruptcy attorney.
“Mr. Packard and Mr. Stewart deliberately and repeatedly misled hundreds of victims who entrusted their retirement funds – and in some cases, their life savings – to PPA, with disastrous results,” said United States Attorney Eileen M. Decker. “These defendants concealed the weak financial condition of the company, which resulted in the victims losing their investments and their ability to retire with confidence.”
PPA and a group of related companies filed for bankruptcy in June 2009. When the bankruptcy was filed, PPA stated that it owed 647 private investors more than $91 million, and it owed banks approximately $100 million. The Chapter 11 trustee appointed in the bankruptcy case later estimated the total investor losses at $169 million, and predicted that investors would receive, at best, “pennies on the dollar” through the bankruptcy process.
The investigation in this case was conducted by the Federal Bureau of Investigation, which received assistance from the United States Trustee’s Office.
Cleveland dentist charged for billing $407,000 for work never done, such as fillings on patients with denturesRead the Press Release
A Cleveland dentist was charged with one count of health care fraud after billing Medicaid for more than $407,000 in work that not authorized or never done, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Robert Rouzaud, 59, operated Five Points Dental Centre on East 152nd Street. Rouzaud submitted claims on behalf of Medicaid recipients for services that were not pre-authorized, as required, and/or not provided. This took place between 2009 and 2015, according to the criminal information.
For example, Rouzaud billed for an excessive number of fillings on the same teeth, when he had not done fillings, filed claims for fillings on teeth that had been previously extracted, and submitted claims for fillings on patients who had dentures, according to the information.
Rouzaud submitted false claims totaling $407,982 for services he did not provide between 2009 and 2015. He was paid more than $343,000 for these services, according to the information.
If convicted, the defendant’s sentence will be determined by the Court after review of the factors unique to this case, including the defendant’s prior criminal record, his role in the offense and the characteristics of the criminal conduct. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Michael Collyer following an investigation by the FBI, the Department of Health and Human Services -- Office of Inspector General and the Ohio Attorney General's Office.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove the defendant guilty beyond a reasonable doubt.
Cape Coral Man Pleads Guilty to Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that Henry Alberto Fernandez Gomez (30, Cape Coral) today pleaded guilty to access device (credit card) fraud and aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for the access device fraud offense and a mandatory minimum term of 2 years’ imprisonment for the aggravated identity theft offense, to be served consecutive to the fraud sentence. A sentencing date has not yet been set.
According to the plea agreement, between December 2014 and April 2015, Fernandez Gomez used stolen and unauthorized credit card information to make 27 purchases at retail establishments throughout Florida. On one occasion, he used the stolen credit card information to buy furniture for approximately $3,500. Fernandez Gomez also used another person’s means of identification to make a purchase at a liquor store.
This case was investigated by the Federal Bureau of Investigation, the Lee County Sheriff’s Office’s Economic Crimes Unit, and the Cape Coral Police Department. It is being prosecuted by Assistant United States Attorney David G. Lazarus.
California Man Sentenced to Prison for Drug ConspiracyRead the Press Release
Jackson, Miss - Walter Pernillo, 42, of San Bernardino, California, was sentenced on Friday, April 22, 2016, by U.S. District Judge Daniel P. Jordan III, to serve a term of 151 months in federal prison followed by 5 years of supervised release for his role in a conspiracy to possess with intent to distribute more than 50 grams of actual methamphetamine, U.S. Gregory K. Davis announced today.
The indictment in this case was the result of an extensive investigation dubbed Operation Yeti Ice@ which targeted illegal narcotics distribution in central Mississippi. The Drug Enforcement Administration and the Mississippi Bureau of Narcotics led the investigation. Assisting agencies included the Scott County Sheriff’s Office, Leake County Sherriff’s Office, Madison County Sherriff’s Office, United States Postal Service, Internal Revenue Service, Carthage Police Department, , Forest Police Department, Newton County Sherriff’s Office, Lauderdale County Sherriff’s Office, Decatur Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Richland Police Department, Pearl Police Department, Ridgeland Police Department, Jackson Police Department and the United States Marshal Service.
California Leader of Large-Scale Methamphetamine Trafficking Organization Sentenced to 188 months in Federal PrisonRead the Press Release
BOISE – Francisco Sandoval, 60, of Placentia, California, was sentenced on April 22, 2016, to 188 months in prison for his leadership role in a large-scale methamphetamine trafficking organization, U.S. Attorney Wendy J. Olson announced. Chief United States District Judge B. Lynn Winmill also ordered Sandoval to serve five years of supervised release following his release from prison, and to forfeit $100,000 in drug proceeds. Sandoval pleaded guilty on December 17, 2015.
According to the plea agreement, the defendant conspired with others to distribute methamphetamine from California to Idaho beginning in August 2014. Sandoval was found to be the organizer and leader of the conspiracy. In January 2015, Sandoval made arrangements to send eight pounds of high grade methamphetamine to Idaho. Sandoval sent his then nineteen-year old son, Jorge Sandoval, to Idaho to ensure payment was received and returned to him. Jorge Sandoval and three co-defendants were arrested in Meridian, Idaho, with the shipment of methamphetamine, which was seized by law enforcement.
“Sandoval’s sentence demonstrates that those who supply large quantities of methamphetamine, a highly addictive and dangerous drug, into our communities will be vigorously prosecuted,” said Olson. “We hope this sentence will deter others who choose to profit from peddling this poison in our community. This office will work together with its federal, state and local law enforcement partners to bring drug traffickers to justice.”
This case was investigated by the Drug Enforcement Administration, the Ada County Sheriff’s Office, the Boise Police Department, the Meridian Police Department and the Nampa Police Department, as well as the Organized Crime and Drug Enforcement Task Force (OCDETF), which includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Barnard Savage, Grand Isle Selectman, pleads guilty to drug traffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that today Bernard Savage, 57, plead guilty before Judge William K. Sessions to conspiring to distribute powder cocaine and oxycodone, between 2014 and June 2015. Savage also agreed to pay a forfeiture money judgment of $75,000 on or before August 29, 2016, the current scheduled date for his sentencing. At that time, the Court could sentence Savage up to 20 years in prison and a fine of up to $1,000,000. According to court records, Savage admitted during undercover recordings to dealing powder cocaine, oxycodone and marijuana. Between October 2014 and June 2015, Savage participated in multiple undercover drug sales as part of the charged conspiracy. On three occasions, he sold powder cocaine, and on three occasions he sold oxycodone pills to a confidential informant. All of the sales took place at Savage’s residence at 152 Route 2 in Alburgh, Vermont. Patricia Savage, Bernard Savage’s wife, assisted in several of the undercover deals. At the same hearing today, Ms. Savage pleaded guilty to misdemeanor possession of oxycodone. As part of the written plea agreement, Mr. Savage agreed to the forfeiture of $24,620 in currency seized at the time of search of the Savage residence in July 2015. Ms. Savage agreed not to contest this forfeiture. Mr. Savage agreed to pay an additional $50,280 prior to his sentencing to satisfy the $75,000 forfeiture. In addition, both Savages agreed that, if the money judgment was not paid prior to the sentencing date, they would agree to the forfeiture of their residence. At the time of search, federal agents seized over 100 firearms from the residence. In the past, Mr. Savage had been an licensed firearms dealer, but he no longer had that license in 2015. As part of the plea agreement, the firearms were not returned to the Savages but instead turned over to another licensed firearms dealer for sale. While Mr. Savage faces a maximum sentence of 20 years in jail, the plea agreement does not limit the parties’ arguments at the time of sentencing. At that time, among other things, the Court will consider the advisory sentencing guidelines, and the government has agreed to recommend that Mr. Savage receive credit under the guidelines for acceptance of responsibility if he is honest during the presentence investigation conducted by the United States Probation Office. The government and Ms. Savage agreed that the appropriate sentence in light of her plea was one year of probation. This case was investigated by the United States Drug Enforcement Administration, the Federal Bureau of Investigation, and the Vermont State Police. Mr. Savage is represented by Karen Shingler, Esq., and Ms. Savage is represented by Norman Blais, Esq. The United States is represented by AUSA Wendy Fuller.Bankruptcy Attorney Charged with Embezzling FundsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the Federal Bureau of Investigation, announced that PETER RESSLER, 68, of Woodbridge, was charged today by federal criminal complaint with embezzlement of debtor’s funds. RESSLER was an attorney with a bankruptcy practice based in New Haven.
RESSLER appeared this afternoon before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and was released on a $100,000 bond.
As alleged in the criminal complaint, the U.S. Bankruptcy Court for the District of Connecticut contacted the U.S. Attorney’s Office after it identified criminal conduct by RESSLER in at least two cases involving debtors that were his clients. In one case, the debtor entrusted RESSLER with $450,000, which were proceeds of a legal settlement, to be held by RESSLER’s firm for the benefit of the debtor and its creditors. In a second case, the debtor entrusted RESSLER’s firm with approximately $321,409. In both cases, most of the deposited funds were used by RESSLER for other purposes than on behalf of the relevant clients.
The complaint further alleges that RESSLER is cooperating with the investigation and prosecution of this matter, which includes the investigation of embezzlements from other clients.
RESSLER resigned from the Connecticut bar in March 2016.
The charge of embezzlement of debtor’s funds carries a maximum term of imprisonment of five years.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Allen County, Kentucky, Farmers Charged with Crop Insurance FraudRead the Press Release
BOWLING GREEN, Ky. – Two Allen County, Kentucky, farmers were charged by federal Informations today with crop insurance fraud announced United States Attorney John E. Kuhn, Jr.
According to the separate federal Informations, David Manion, 53, and Henry Manion, 48, aided and abetted by others, knowingly made false statements and reports on applications for insurance. Both defendants allegedly made false statements for the purpose of influencing the actions (insurance payments) of the Federal Crop Insurance Corporation and Producers Agriculture Insurance Company, a company insured by the Federal Crop Insurance Corporation.
The alleged violations by Henry Manion occurred between August 10, 2009, and February 14, 2012, in the Western District of Kentucky, Allen County, Kentucky, and elsewhere. The alleged violations by David Manion occurred between August 25, 2009, and February 7, 2012, in the Western District of Kentucky, Allen County, Kentucky, and elsewhere.
If convicted at trial, the defendants each face no more than 30 years in prison, a fine of $1,000,000 and a five year period of supervised release.
These cases are being prosecuted by Assistant United States Attorney David Weiser and are being investigated by the United States Department of Agriculture (USDA) Office of Inspector General (OIG).
***
The indictment of a person by a Federal Information is an accusation only and that person is presumed innocent until and unless proven guilty.
"Face to Face" Meeting with Returning Citizens as Part of National Reentry WeekRead the Press Release
Flint, MI - The Department of Justice has designated the week of April 24-30, 2016, as National Reentry Week. Supporting successful reentry is an essential part of the Department’s mission to promote public safety – because helping individuals return to productive, law-aiding lives can reduce the rate of recidivism.
In recognition of Reentry Week, the U.S. Attorney's Office, Bureau of Alcohol, Tobacco, Firearms & Explosives, Michigan Department of Corrections and the Genesee County Prosecutor's Office has scheduled a “Face to Face" meeting to take place on April 26, 2016, between law enforcement and parolees. The educational meeting is a collaborative effort designed to prevent recidivism among the offender population.
Face-to-Face provides offenders with information about the consequences of committing new gun crimes, which includes stiff federal sentences with no chance of parole and prisons in distant locations. The program also provides information about opportunities, such as education, job training, drug treatment, and employment from wrap around service organizations.
Each year, more than 13,000 citizens return from prison to their communities in Michigan. Statistics show that about one-third of them will reoffend. Offenders identify joblessness as their biggest barrier to success, and research shows that unemployment and crime go hand-in-hand. Sending returning citizens back to their communities with no ability to get a job is a recipe for recidivism and a costly mistake. Taxpayers pay about $34,000 a year to incarcerate a single prisoner. Rather than watching returning citizens go back to prison through the revolving door, it makes fiscal sense to invest in helping them find jobs.
“We are taking a targeted approach to reducing crime by telling offenders about of the consequences of committing new crimes and about the support services that are available to help them succeed outside of prison,” stated United States Attorney Barbara McQuade.
Media is welcome to attend the meeting which will be held from 2:00 p.m. to 3:00 p.m. in the City Hall Dome, located on the grounds of the City of Flint Municipal Service Campus, 1101 S. Saginaw Street, Flint, MI. Immediately following the meeting U.S. Attorney Barbara McQuade and ATF Special Agent in Charge Robin Shoemaker will hold a media availability. The Dome is located on E. 7th St, just east of S. Saginaw Street. Parking is accessible off 7th street.
For more information, please contact Gina Balaya at (313) 226-9758 or Robert Poikey at (313) 226-9120.
GUIDELINES:
PHOTOGRAPHERS WILL NOT BE ALLOWED TO SHOOT THE FACES OF PAROLEES OR PROBATIONERS, ONLY THE FACES OF LAW ENFORCEMENT OFFICIALS AND THE BACKS OF HEADS OF THE AUDIENCE MEMBERS. REPORTERS MAY CONDUCT INTERVIEWS WITH LAW ENFORCEMENT OFFICIALS ONLY AND WILL NOT IDENTIFY PAROLEES OR PROBATIONERS IN PRINT, INTERNET OR BROADCAST MEDIA.
Saturday 23 April 2016
Washington Man Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a University Place, Washington, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Dionisio Munoz-Torres, age 29, was indicted on February 23, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund.
From June 2014 through February 2016, Munoz-Torres conspired and agreed with others to possess and distribute 50 grams or more of methamphetamine within the District of South Dakota.
The charge is merely an accusation and Munoz-Torres is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotics Enforcement Team, United States Postal Inspection Service, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case.
Munoz-Torres was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 7, 2016.
Two Men Indicted for Several Charges Related to a Robbery and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that two men from the Pine Ridge reservation have been indicted by a federal grand jury for Robbery, Assault with a Dangerous Weapon, Tampering with a Witness, and Use and Brandishing of a Firearm during the Commission of a Crime of Violence.
Charles Colhoff, a/k/a Charles H. Goings, a/k/a Chuckie Colhoff, age 27 from Pine Ridge, and Jeremy Crow, age 22 from Batesland, were indicted on April 14, 2016. Crow appeared before U.S. Magistrate Judge Daneta Wollmann on March 30, 2016, and pleaded not guilty to the Indictment. Colhoff appeared before U.S. Magistrate Judge Daneta Wollmann on April 15, 2016, and pleaded not guilty.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Colhoff and Crow using a firearm to rob two females at Pine Ridge on June 4, 2015. On June 11, 2015, they again used a firearm to assault and threaten another female at Pine Ridge.
The charges are merely accusations and Colhoff and Crow are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Colhoff and Crow were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 21, 2016.
Two Dupree Men Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that two Dupree, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Charles Hollow Horn, age 20, and Bradley Speker, age 24, were indicted on April 13, 2016. They appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 8, 2015, both Hollow Horn and Speker unlawfully assaulted another man with shod feet with the intent to do bodily harm. The assault resulted in serious bodily injury to the victim.
The charge are merely accusations and Hollow Horn and Speker are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hollow Horn and Speker were released on bond pending trial, which has not been set.
Three Eagle Butte Men Sentenced for Burning Down ChurchRead the Press Release
United States Attorney Randolph J. Seiler announced that three Eagle Butte, South Dakota, men convicted for their roles in burning down a 98-year-old church on the Cheyenne River Indian Reservation were sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.
Cody Yellow, age 27, was sentenced to 41 months in custody; Ake Kyle Eagle Hunter, age 29, was sentenced to 35 months in custody; and Robert Grindstone, age 28, was sentenced to 37 months in custody. All three were sentenced to 2 years of supervised release, $3,776.92 restitution to the Cheyenne River Sioux Tribe for the cost of extinguishing the fire, and each is to pay a $100 special assessment to the Federal Crime Victims Fund. Restitution for the destruction of the church structure was left open for an additional 90 days.
Yellow, Eagle Hunter, and Grindstone were indicted for Third Degree Burglary and Arson by a federal grand jury on August 11, 2015. Yellow and Grindstone pled guilty to Arson and Aiding and Abetting. Grindstone pled guilty to Accessory After The Fact.
St. Basil's Church, a/k/a Mossman Church, was built in 1917. It is located on United States Highway 212 near Ridgeview, South Dakota. Locals have maintained the church throughout the years. Mass was held there every Memorial Day weekend, and occasionally weddings and funerals were also held at the church.
On July 19, 2015, Yellow, Eagle Hunter, and Grindstone drove from Eagle Butte to the Mossman Church to visit a friend’s grave at the cemetery near the church. After visiting the grave site, Yellow kicked open the door to the church, and once they were inside, the three men vandalized the church. Grindstone found a can with liquid inside it in a room next to the altar and one of the others suggested burning the church down. Grindstone opened the can and intentionally dropped the metal container, letting the contents spill out. After that, one of the other two men lit the liquid accelerant on fire. The church burned to the ground and was a total loss.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Yellow, Eagle Hunter, and Grindstone were immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 97 Months for Drug OffenseRead the Press Release
United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine and five counts of Distribution of Methamphetamine was sentenced on April 18, 2016, by U.S. District Judge Karen E. Schreier.
Jaime Aroldo Duarte-Lopez, age 24, was sentenced to 97 months in custody, and a $600 special assessment to the Federal Crime Victims Fund.
A superseding indictment was issued against Duarte-Lopez for Conspiracy to Distribute Methamphetamine and five counts Distribution of Methamphetamine by a federal grand jury on December 15, 2015. He was found guilty of all counts after a jury trial on January 22, 2016.
In 2014 and 2015, Duarte-Lopez was involved in a conspiracy to distribute methamphetamine in Sioux Falls. Duarte-Lopez distributed over 175 grams of methamphetamine to a confidential informant working with law enforcement.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Sioux Falls Man Indicted for Assault with a Dangerous Weapon and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Substantial Bodily Injury, and Child Abuse.
Justin Stone Arrow, age 37, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assault with a Dangerous Weapon and Child Abuse is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each count. The maximum penalty upon conviction of Assault Resulting in Substantial Bodily Injury is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that on or about March 10, 2016, Stone Arrow unlawfully assaulted a person who had not attained the age of 16 years with a dangerous weapon and that said assault resulted in substantial bodily injury to the minor.
The charge is merely an accusation and Stone Arrow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Stone Arrow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Sentenced for Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to Appear was sentenced on April 19, 2016, by U.S. District Judge Roberto A. Lange.
Neal LaPointe, age 32, was sentenced to 234 months in custody, 8 years of supervised release, a $300 special assessment to the Federal Crime Victims Fund, $528.10 in restitution, and no contact with minors, co-defendants, and victims.
LaPointe was indicted for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors by a federal grand jury on June 12, 2013. An eight-count Superseding Indictment charging seven counts of Sexual Exploitation of a Child and one count of Distribution of Material Involving the Sexual Exploitation of Minors was filed on August 12, 2013. On August 19, 2014, LaPointe was indicted for Failure to Appear by a federal grand jury. He pled guilty to one count each of Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to Appear on September 28, 2015.
At earlier times, as well as between March 1, 2012, and April 30, 2013, LaPointe was living in California and, using the guise of various aliases and online identities, including that of a minor female named "Jess Martin", he would use computers, the internet, and the social networking site Facebook to solicit images of minors engaging in explicit sexual conduct, and he would also distribute images of minors engaging in explicit sexual conduct via computer and over the internet. Using the guise of "Jess Martin" LaPointe solicited sexually explicit photographs from a minor who lived on the Rosebud Sioux Indian Reservation. The minor reciprocated and sent LaPointe some explicit pictures of herself. The minor used her computer and a webcam to send the images to LaPointe. Those images were shared with other individuals, and circulated over the internet between the states of South Dakota and California, and elsewhere. LaPointe also solicited other depictions of minors engaging in sexually explicit conduct when he asked for naked photos and photos displaying the genitals.
LaPointe received and distributed numerous images of child pornography and depictions of minors engaging in sexually explicit conduct on different dates. The illegal materials came into LaPointe's possession in California, and he redistributed images, sharing materials with others from South Dakota,including, but not limited to, some other men as well as a minor from the Crow Creek Indian Reservation. LaPointe had reason to know that the child pornography images and depictions of minors engaging in sexually explicit conduct would be produced using material that had been mailed and shipped and transported in interstate and foreign commerce by any means, including by computer or cellular telephone, Facebook, or other online services.
On July 14, 2014, LaPointe, having been charged with the offenses of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors, offenses punishable by imprisonment for a term of more than 15 years, and having been released in connection with the aforementioned criminal charge, did knowingly fail to appear as required before U.S. District Judge Roberto A. Lange. After his initial arrest, he was detained for a period of time. Ultimately, U.S. Magistrate Judge Mark Moreno allowed his release and ordered him to be on electronic monitoring and to live with his father at a ranch on the Rosebud Sioux Indian Reservation. As part of his release, LaPointe signed paperwork indicating he understood that failure to appear could lead to prosecution and that he needed to appear as directed by the Court for all scheduled matters. LaPointe signed a plea agreement agreeing to plead guilty to sexual exploitation and related charges. He was ordered to appear for a change of plea hearing on July 14, 2014, at 10:45 a.m. LaPointe failed to appear at court because he had absconded from his release and electronic monitoring, and his whereabouts were unknown until he was apprehended around February 13, 2015, in Miami, Florida.
This case was investigated by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Sacramento County Sheriff’s Department, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, U.S. Marshals Service, and the Rosebud Sioux Tribal Police Department. Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Abusive Sexual Contact and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact and Assault Resulting in Substantial Bodily Injury was sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.
Benton Brave Hawk, age 25, was sentenced to 15 years in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Brave Hawk was indicted for Aggravated Sexual Abuse of a Child and Child Abuse by a federal grand jury on August 11, 2015. He pled guilty to a Superseding Information charging Abusive Sexual Contact and Assault Resulting in Substantial Bodily Injury on February 1, 2016.
Between December 1, 2014, and March 28, 2015, Brave Hawk watched two children overnight at their home in Rosebud. Brave Hawk was the only adult present. At some point in the night, Brave Hawk went to the bed where the siblings were sleeping and climbed on top of the female child. Brave Hawk held his hand over the female child’s mouth and proceeded to have abusive sexual contact with the child. The male child awoke to the female child’s crying and grabbing onto his arm. Brave Hawk put money on the bed, and told the female child not to tell anyone.
Between December 1, 2014, and March 28, 2015, while at the same home in Rosebud, Brave Hawk hit the male child across his back and buttocks with a belt. The belt had a metal buckle and the metal buckle made contact with the child's skin. Brave Hawk's willful and reckless actions caused substantial bodily injury to the child.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Brave Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Stealing FirearmsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Theft of Firearms was sentenced on April 21, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joshua Clark, age 28, was sentenced to 18 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Clark was charged on August 18, 2015, and pleaded guilty on December 11, 2015. The conviction stems from Clark and another person stealing several firearms from a pawn shop in Rapid City.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Clark was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possession of Firearm and Ammunition by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on April 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clayton M. High Wolf, age 53, was sentenced to 92 months’ custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
High Wolf was indicted for the charge on September 23, 2014. High Wolf was convicted of the charge at the conclusion of a federal jury trial in Rapid City in January 2015.
The conviction stems from High Wolf knowingly being in possession of a Smith & Wesson .22 caliber pistol and Remington .22 caliber ammunition when he was stopped by Rapid City police officers on North LaCrosse Street on July 17, 2014. High Wolf previously had been convicted of Conspiracy to Distribute a Controlled Substance in 1996, and of Possession with Intent to Distribute a Controlled Substance in 2008. Based on those felony convictions, High Wolf was prohibited from possessing firearms or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
High Wolf was immediately detained in the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Brandon James Noisy Hawk, age 34, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Noisy Hawk was indicted for the charge on June 16, 2015, and pleaded guilty on January 8, 2016.
The charge related to Noisy Hawk failing to register as a convicted sex offender between March 10, 2015, and June 16, 2015.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rapid City Man Sentenced for ArsonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Arson was sentenced on April 21, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Duane Benson, age 31, was sentenced to 57 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Benson was charged on May 19, 2015, and pleaded guilty on December 18, 2015. The conviction stems from Benson intentionally setting fire to a trailer at Belt Village.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Benson was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeremy Eagle Bear, age 25, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 15, 2015, and March 28, 2016, Eagle Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.
The charge is merely an accusation and Eagle Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Eagle Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Porcupine Man Indicted for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.
Emerson Severt Spider, 41, of Porcupine, was indicted on March 22, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Spider engaging in sexual contact with two girls under the age of 12. The charges are merely an accusation and Spider is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Spider was detained pending trial. A trial date has not been set.
Pollock Woman Charged with Theft of MailRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pollock, South Dakota, woman has been indicted by a federal grand jury for Theft of Mail.
Elaine Reller, age 55, was indicted on April 18, 2016. She appeared before U.S. Magistrate Judge William D. Gerdes on April 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 16, 2016, Reller stole, took, and abstracted mail, which belonged to someone else, from an authorized depository at the Pollock Post Office.
The charge is merely an accusation and Reller is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Inspection Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Reller was released on bond pending trial, which has not been set.
Mission Man Sentenced to 126 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.
Jason Willard Menard, age 31, was sentenced to 126 months in custody, 5 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Menard was indicted by a federal grand jury on May 19, 2015. He pled guilty on February 1, 2016, to distributing 500 grams or more of methamphetamine.
Beginning in at least November of 2013, Menard received and distributed methamphetamine in South Dakota. The individuals who provided Menard with large amounts of methamphetamine knew he intended to engage in further distribution. Menard was a leader in his distribution network and he had numerous other dealers working for him. It was reasonably foreseeable to Menard that more than 500 grams of methamphetamine would be distributed during the course of his conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.
Menard was immediately turned over to the custody of the U.S. Marshals Service.
Eighth Circuit Court of Appeals Affirms Conviction of Sioux Falls Man for Unlawful Firearm PossessionRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed a Sioux Falls, South Dakota, man’s conviction for being a prohibited person in possession of a firearm.
Cody Michael Smith, age 27, was indicted by a federal grand jury on December 3, 2014, for being a prohibited person in possession of a firearm due to a prior conviction for a misdemeanor crime of domestic violence.
Smith was found in possession of a loaded rifle after Sioux Falls Police Department officers responded to his residence to see if his ex-girlfriend, who had been reported missing from a halfway house, was there. The caller told police that Smith was a drug user who was known to possess weapons. At Smith’s residence, law enforcement decided to make entry once they realized Smith had lied about being the only person present in the home. In his bedroom, officers found Smith holding his ex-girlfriend and a gun on the bed.
Smith pleaded guilty to the charge on December 30, 2014, and was sentenced to 41 months in prison.
On appeal, Smith challenged the officers’ entry into his home. The Eighth Circuit upheld the district court’s determination that the officers’ entry was a proper execution of their community caretaking function.
This case was investigated by the Sioux Falls Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jennifer Mammenga prosecuted the case, and Assistant U.S. Attorney Kevin Koliner argued the case on appeal.
Eagle Butte Man Charged with Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Lloyd Red Horse, Jr., age 19, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, any term of years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 7, 2015, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, by the use of force. On that same date, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, when the victim was incapable of appraising the nature of the conduct, and was physically incapable of declining participation and communicating her unwillingness to engage in the sexual act.
The charges are merely accusations and Red Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Red Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
Raymond Uses The Knife III, a/k/a Yamni Uses The Knife III, age 32, was indicted on April 13, 2016. He appeared before U.S. Magistrate Mark A. Moreno on April 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is not more than 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 5, 2016, Uses The Knife III, having been charged with the federal felony offenses of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, failed to appear in U.S. Magistrate Court on April 5, 2016, for a hearing on those charges.
The charge is merely an accusation and Uses The Knife III is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Uses The Knife III was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Walter Hanson, Jr., age 31, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $500,000 fine, 6 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 13, 2016, Hanson unlawfully assaulted a human being and said assault resulted in serious bodily injury.
The charges are merely accusations and Hanson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hanson was released on bond pending trial, which has been set for June 21, 2016.
Dupree Man Charged with Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Kelly Gene Clown, age 41, was indicted on March 15, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 23, 2015, Clown unlawfully assaulted an individual with shod feet, with the intent to do bodily harm to the victim.
The charge is merely an accusation and Clown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Clown was released on bond pending trial, which has been set for June 7, 2016.
Caifornia Man Indicted for Conspiracy to Distribute MethRead the Press Release
United States Attorney Randolph J. Seiler announced that a San Pablo, California, man has been indicted by a federal grand jury for conspiracy to distribute a controlled substance.
Raymundo Cordova, age 33, was indicted on January 26, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 10 years up to life in custody and/or a $10,000,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
From January 2013 through January 2016, Cordova conspired and agreed with others to possess and distribute 500 grams or more of methamphetamine within the District of South Dakota.
The charge is merely an accusation and Cordova is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotics Enforcement Team, United States Postal Inspection Service, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case.
Cordova was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 7, 2016.
Friday 22 April 2016
Wisconsin Man Pleads Guilty to Possession and Distribution of Heroin and the Prostitution of a Minor ChildRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on April 22, 2016, Tyrice Excell Akins, 29, Milwaukee, Wisconsin, pled guilty before U. S. District Judge Ralph R. Erickson to a three-count Indictment charging him with Conspiracy to Commit Sex Trafficking, Transportation of a Minor, and Transportation to Engage in Prostitution. In addition to these charges, Akins also pled guilty to charges of possession and distribution of heroin out of Wisconsin.
The case came to the attention of law enforcement after the North Dakota Highway Patrol pulled over a rental vehicle driven by Kurtis Johnson. Found with Johnson was a woman and a 17-year-old female who Johnson transported from Milwaukee, Wisconsin, to Bismarck, North Dakota, for the purpose of prostitution. A subsequent investigation revealed that Johnson was provided narcotics by Akins in exchange for transporting women and one juvenile to various locations throughout the United States, including Florida, Louisiana, and North Dakota, throughout 2014 and 2015 for the purpose of prostitution.
This case was investigated by the North Dakota Bureau of Criminal Investigations and the Department of Homeland Security - Homeland Security Investigations.
Assistant U. S. Attorney Jennifer Puhl is prosecuting the case.
This case was prosecuted with the assistance of the North Dakota Human Trafficking Task Force (NDHTTF), which includes regional response teams that consists of federal, state, and local law enforcement and victim service providers working together to identify and rescue human trafficking victims as well as investigate and prosecute human trafficking cases. Led by the U.S. Attorney’s Office, BCI, and the North Dakota Counsel on Abused Women Services (CAWS), the NDHTTF is dedicated to addressing the individualized needs of human trafficking victims and the apprehension, investigation, and prosecution of the perpetrators of human trafficking.
The NDHTTF includes representatives from Youthworks, the Children’s Advocacy Center, the Domestic Violence Crisis Center, Lutheran Social Services, the ND Association of Counties, a Force to End hUman Sexual Exploitation (FUSE), a survivor of human trafficking, First Nations Women’s Alliance (FNWA), and the Department of Homeland Security - Homeland Security Investigations (HSI).
Un Presunto Traficante De Drogas Extraditado Desde México Al Distrito Este De CaliforniaRead the Press Release
Sacramento, Calif. – El viernes, 1 de abril de 2016, Álvaro Ríos-Madrid, 57 años de edad, y residente de Guamúchil, Sinaloa, México fue extraditado formalmente a los Estados Unidos por México para enfrentarse a cargos narcóticos federales, anunció el Procurador Federal de los Estados Unidos Benjamín B. Wagner.
El 13 de diciembre de 2012, un gran jurado federal en Sacramento acusó a Ríos-Madrid de un cargo de conspiración para distribuir cocaína y dos cargos por la utilización de teléfonos para facilitar la distribución de narcóticos.
Según documentos del tribunal, el Gobierno alega que Ríos-Madrid exportaba regularmente cantidades grandes de cocaína desde México a los Estados Unidos y que utilizaba organizaciones clandestinas de distribución basadas en los Estados Unidos para mover su cocaína a través de una red nacional de paquetería y mensajería a varios Estados incluyendo Utah, Minnesota, Indiana, Ohio, Massachusetts y California. Se alega que Ríos-Madrid ha podido pasar de contrabando regularmente cantidades en multi-kilogramos a los Estados Unidos a través de varios puertos de entrada incluyendo Nogales, Arizona y San Isidro, California. Los ingresos en efectivo de las ventas de la cocaína de Ríos-Madrid sumaban, por término medio, entre $500.000 dólares y $1.3 millones de dólares cada mes. Se acordaba con operarios dentro de los Estados Unidos para que esos ingresos fueran enviados a Ríos-Madrid en México. Como resultado de una investigación de larga duración, la Administración de Control de Drogas (DEA) y otros organismos estatales y federales incautaron grandes cantidades de cocaína y más de $1 millón de dólares en efectivo.
Este caso es el producto de una investigación llevada a cabo por la Administración de Control de Drogas (DEA); el Servicio del Mariscal de los Estados Unidos, las Investigaciones para la Seguridad Nacional (HSI) de Inmigración y Aduanas de los Estados Unidos (ICE); el Departamento para la Seguridad Nacional; las Patrullas de Aduanas y Fronteras de los Estados Unidos; el Departamento del Sheriff del Condado de Sacramento; el Programa para las Áreas de Tráfico de Drogas de Alta Intensidad (HIDTA) del Valle Central; el Departamento de Policía de Sacramento; el Departamento de Justicia de California (Cal MMET); el Destacamento Especial Anti Narcóticos del Área Metropolitana del Condado de San Joaquín; el Departamento de Policía de Elk Grove; el Departamento del Sheriff del Condado de San Joaquín; el Departamento de Policía de Stockton; el Departamento del Sheriff del Condado de Los Ángeles; el Departamento de Policía de Galt; la Patrulla de Carreteras de California; la Patrulla de Carreteras del Estado de Nevada; la Patrulla de Carreteras de Minnesota; la Patrulla de Carreteras del Estado de Kansas; la Patrulla de Carreteras del Estado de Massachusetts y la Patrulla de Carreteras del Estado de Iowa. La Oficina de Asuntos Internacionales del Departamento de Justicia de los Estados Unidos ha prestado asistencia con la extradición. Los Procuradores Federales Auxiliares Michael M. Beckwith y Paul A. Hemesath están procesando el caso.
Si es encontrado culpable, Ríos-Madrid se enfrentaría a una pena máxima establecida por la ley de 10 años a cadena perpetua en prisión, una multa de $10 millones de dólares y de cinco años a cadena perpetua de libertad supervisada. Si es encontrado culpable de la utilización de un teléfono celular para facilitar una infracción de tráfico de drogas, Ríos-Madrid podría enfrentarse a una pena máxima establecida por la ley de cuatro años en prisión y una multa de $250.000 dólares por cada cargo. Cualquier sentencia, no obstante, sería determinada a discreción del tribunal después de la consideración de cualquier factor aplicable establecido por la ley y las Normas para Sentenciar Federales, que toman en cuenta un número de variables. Los cargos son sólo alegaciones; el demandado es presuntamente inocente hasta y a menos que sea comprobado culpable sin duda razonable.
U.S. Attorney Statement: Reentry Week -- Beyond the Prison GatesRead the Press Release
By Tom Beall, Acting U.S. Attorney for the District of Kansas
Each year, more than 600,000 individuals return to our neighborhoods after serving time in federal and state prisons, and another 11.4 million people cycle through local jails. Nearly a quarter of Americans have had some sort of encounter with the criminal justice system – mostly for relatively minor, non-violent offenses.
In law enforcement, we have a duty to make our criminal justice system fairer, more efficient, and more effective at reducing recidivism and helping formerly incarcerated individuals contribute to their community. That is why I am joining U.S. Attorney General Loretta Lynch in inviting Kansans to observe National Reentry Week during April 24 through April 30.
The U.S. Probation and Pretrial Services offices in Kansas work to assist people who have struggled with the laws and legal system. Any person convicted of a felony understands that nearly every aspect of life will be more difficult than before. Probation officers work with people on probation or supervised release, offering substance abuse treatment, mental health treatment, assistance finding housing or employment or both, educational opportunities or other life-changing programs. For anyone willing to make the effort, probation officers and staff are ready and willing to help. Likewise the federal Bureau of Prisons in Kansas works to provide drug treatment, vocational training and other programs aimed at reducing recidivism.
At the Department of Justice, supporting successful reentry is an essential part of our mission to promote public safety. By helping individuals return to productive, law-abiding lives, we can reduce crime across the country and make our neighborhoods better places to live. I am proud of the strides we have made and I will continue to support and advance reentry programs that promote opportunity and give formerly incarcerated individuals a better chance to rejoin our communities.
Tom Beall is the Acting United States Attorney for the District of Kansas.
U.S. Attorney Polite Announces Events in Honor of National Reentry WeekRead the Press Release
U.S. Attorney Kenneth A. Polite announced that his Office will observe National Reentry Week through the following special events and programs:
Monday, April 25, 2016 Launching of National Reentry Week
2:00 pm with U.S. Department of Housing and Urban Development (HUD)
Principal Deputy Assistant Secretary Lourdes Castro Ramirez
Educare of New Orleans
Columbia Parc Facility
3801 St. Bernard Avenue
New Orleans, LA
Wednesday, April 27, 2016 Reentry Challenges…Bridging the Gap
8:30 am Pollock Federal Correctional Complex
1000 Airbase Road
Pollock, LA
Thursday, April 28, 2016 Reentry Simulation hosted by the U.S. Attorney’s Office
10:00 am for the Southern District of Alabama
Arthur Outlaw Convention Center
1 South Water Street
Mobile, AL
In visiting with inmates at the federal prison, Polite will be the first sitting U.S. Attorney in Louisiana to visit Pollock FCC. He will be joined by Lilia Valdez-Lindsley of the Veterans Administration and Hakim Kashif, a former federal inmate who has successfully returned to the New Orleans community as a college student and criminal justice advocate.
Earlier today, the Eastern District of Louisiana kicked off its National Reentry Week activities when 11 returning citizens graduated from the Rise and Recover post-release reentry program. A partnership between the U.S. Probation Office, the U.S. District Court, the Federal Defenders Office, the U.S. Marshals Service, and the U.S. Attorney’s Office, Rise and Recover provides individuals with job training, life skills, conflict resolution skills, and drug treatment. If the individual completes the 14-month program, he or she receives a one-year reduction in supervised release time.
The Obama Administration has taken major steps to make our criminal justice system fairer, more efficient, and more effective at reducing recidivism and helping formerly incarcerated individuals contribute to their communities. An important part of that commitment is preparing those who have paid their debt to society for substantive opportunities beyond the prison gates, and addressing obstacles to successful reentry that too many returning citizens encounter.
As part of this effort, the Department of Justice designated the week of April 24-30, 2016, as National Reentry Week. Leadership from across the Administration are traveling during National Reentry Week in support of these many events and are encouraging federal partners and grantees to work closely with stakeholders like federal defenders, legal aid providers, and other partners across the country to increase the impact of this effort.
Two More Men Plead Guilty to Drug-trafficking ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two more defendants pleaded guilty in federal court today to their roles in a large-scale conspiracy to distribute cocaine in Boone County, Mo.
Ronnie Lee Gillette, 55, of Kingdom City, Mo., and Tyrone Dewayne Jackson, 36, of Boonville, Mo., pleaded guilty in separate hearings before U.S. Magistrate Judge Matt J. Whitworth to participating in a conspiracy to distribute cocaine in Boone County from November 2011 to August 2014. Gillette also pleaded guilty to using a telephone to facility the drug-trafficking conspiracy.
By pleading guilty today, Gillette admitted that he worked for co-defendant Kenneth Scott, Sr., 47, and assisted him in transporting cocaine and in delivering and selling crack cocaine to others, including co-defendant Malcolm Desean Redmon, also known as “Harp,” 32, of Columbia.
On June 20, 2014, Gillette made a trip to Kansas City to pick up powder cocaine for Scott and delivered it to the residence of co-defendant Teka Hayes, 51, Columbia. Scott and Redmond then converted the powder cocaine to crack cocaine at the residence. On July 22, 2014, Gillette went to Hayes’s residence again and picked up cocaine.
Jackson admitted that he ordered powder cocaine from Scott, and it would either be delivered to Jackson by Scott or Gillette, or Jackson would make arrangements to pick it up. According to today’s plea agreement, Perez also would deliver some controlled substances to Jackson, including marijuana and a small amount of cocaine.
Jackson admitted that, while involved in the conspiracy, in addition to the amounts he received from Perez, he was directly responsible for receiving at least eight ounces of powder cocaine from Scott and then reselling it. Jackson admitted that he also acquired at least two ounces of powder cocaine and three pounds of marijuana for resale from Perez during his participation in the conspiracy.
Gillette, Jackson, Scott, Redmon, Perez and Hayes are among 20 defendants who have pleaded guilty.
Under federal statutes, Gillette and Jackson are each subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, IRS-Criminal Investigation, the Columbia, Mo., Police Department, the Boone County, Mo., Sheriff’s Department, the U.S. Marshal’s Service, MUSTANG (the Mid-Missouri Unified Strike Team and Narcotics Group), the Drug Enforcement Administration and the Boone County, Mo., Prosecuting Attorney’s Office.
Ten Year Prison Sentence in Stolen Guns CaseRead the Press Release
Gulfport, Miss – Octavia Jermaine Winters, 32, of Gulfport, was sentenced today by U.S. District Sul Ozerden to 10 years in federal prison followed by three years of supervised release for stealing firearms from a licensed dealer, announced U.S. Attorney Gregory K. Davis.
Winters was also ordered to pay restitution of $9,008.68 and a $4,000 fine. The case involved the theft of 52 firearms from Friendly Pawn and Auto in Saucier, Mississippi.
This case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives, the Drug Enforcement Administration and the Harrison County Sheriff’s Department. It was prosecuted by Assistant United States Attorney Annette Williams.
Tampa Man Convicted of Multiple Identity Theft and Credit Card Fraud ConspiraciesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Yannier Arias guilty of 17 counts of conspiracy, aggravated identity theft, and access device fraud. He faces a maximum penalty of 5 years in federal prison on the conspiracy charges and 10 years’ imprisonment on the access device fraud, followed by 2 years on the aggravated identity theft charges. His sentencing hearing is scheduled for August 9, 2016. Arias was indicted on August 27, 2015.
According to evidence presented at trial, Arias first conspired with another Tampa man, Dariel Sardinas Lopez, to “skim” credit card numbers from identity theft victims at various gas stations in Hillsborough, Pinellas, and Sarasota counties; produce counterfeit credit cards encoded with that stolen account information; and then use those counterfeit cards to make thousands of dollars of fraudulent purchases in Florida and Michigan. After Lopez was arrested, Arias entered a second conspiracy with Jose Ojeda Vera, another Tampa man. It again involved the use of counterfeit cards encoded with the account information of identity theft victims to make similar purchases, including at luxury retailers such as Versace, Armani, and Louis Vuitton. All of the victims still had their cards in their possession when they learned that their accounts had been unlawfully used.
This case was investigated by the United States Secret Service Financial Investigative Strike Team (FIST) and the Florida Department of Law Enforcement. It was tried by Assistant United States Attorneys Kelley Howard-Allen and Eric K. Gerard.
Springfield Business Owner Pleads Guilty to Structuring Financial TransactionsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., business owner has pleaded guilty in federal court to structuring financial transactions in an effort to evade federal reporting requirements.
Douglas Gooch, 55, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush on Thursday, April 22, 2016, to structuring financial transactions to evade federal reporting requirements. Gooch owns and operates a wholesale business selling antiques, jewelry and coins in Springfield. Gooch purchases and sells antiques, jewelry and coins.
Gooch made 18 withdrawals from his bank account between June 29 and Nov. 1, 2011. Each withdrawal was for an amount under $10,000. Most withdrawals were made on consecutive days or within days of each other and most withdrawals were for $9,000. Collectively, if the withdrawals were conducted as one financial transaction, the amount of the single withdrawal would total $137,200.
Under federal law, any financial institution that engages in a currency transaction (such as a deposit or withdrawal) in excess of $10,000 with a customer must report the transaction to the Department of the Treasury by filing a Currency Transaction Report. Gooch admitted to bank personnel that his withdrawals were purposely done in amounts under $10,000 in order to avoid filing a Currency Transaction Report.
Gooch also admitted that he made 10 withdrawals from his credit union account between July 25 and Oct. 6, 2015. Each withdrawal was for an amount under $10,000. Collectively, if the withdrawals were conducted as one financial transaction, the amount of the single withdrawal would total $85,000.
In total, during the two time periods in which Gooch knew of the Currency Transaction Report threshold and expressed his desire to withdraw monies in amounts that evaded this reporting requirement, Gooch’s structured withdrawals totaled $222,200.
Under federal statutes, Gooch is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Federal Deposit Insurance Corporation and the Springfield, Mo., Police Department.
Somersworth Man Pleads Guilty to Illegal Possession of Four FirearmsRead the Press Release
Concord, N.H.— United States Attorney Emily Gray Rice announced that Joseph Ruhland, 42, of Somersworth, New Hampshire, pleaded guilty to a federal indictment charging him with the illegal possession of four firearms in violation of 18 U.S.C. § 922(g)(1).
According to the indictment, statements made in court, and other public records in the case, the government received information in June 2015 that Ruhland was in possession of multiple firearms at his home in Somersworth, New Hampshire. Ruhland is prohibited from possessing firearms under federal law as a result of a prior felony conviction. Following the issuance of a court-ordered search warrant for Ruhland’s residence, law enforcement recovered: (1) a Sig Sauer, Model P250, 9 millimeter pistol, loaded with 10 rounds of 9 millimeter ammunition; (2) a High Standard, Model Double-Nine, .22 caliber revolver, loaded with 9 rounds of .22 caliber ammunition; (3) a Cobra Enterprises, Model C22LR, .22 caliber Derringer pistol; (4) a Haskell (Hi-Point), Model JHP, .45 caliber Pistol; and approximately 45 rounds of assorted additional ammunition. A federal indictment charging Ruhland with illegal possession of the firearms was returned by a grand jury sitting in Concord on October 7, 2015.
Ruhland’s plea agreement includes a binding stipulated sentence of 30 months’ incarceration. A sentencing hearing has been scheduled for August 1, 2016, in front of U.S. District Judge Landya McCafferty. At that time, the Court will decide whether to accept the plea agreement and impose the agreed-upon period of incarceration, as well as any other conditions of Ruhland’s sentence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives with assistance from the Somersworth Police Department and is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
###
Six Individuals Face Charges Related to Opioid OverdosesRead the Press Release
CINCINNATI – A federal grand jury has charged three Cincinnati residents with distributing heroin and/or fentanyl that resulted in the overdose deaths of at least three individuals. Three other individuals were charged with distributing heroin and/or fentanyl that caused serious physical harm, including non-fatal overdoses.
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio, Timothy Plancon, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Cincinnati Police Chief Eliot Isaac, Hamilton County Sheriff Jim Neil, Hamilton County Coroner Dr. Lakshmi Sammarco and other members of the Hamilton County Heroin Coalition announced the indictments.
“Heroin and, increasingly, fentanyl are literally killing people in our community,” Acting U.S. Attorney Glassman said. “We are committed to using every tool at our disposal, including federal resulting-in-death charges where appropriate, to combat this epidemic.”
The indictments allege that John Wade, 45, Jerome Gray, 33, and Rasheena Jones, 20, each distributed drugs containing a mix of heroin and fentanyl that resulted in the overdose deaths of its users.
Wade is charged with one count of distribution resulting in an overdose death, two counts of distributing heroin and one count of possession of a firearm in furtherance of a drug trafficking offense. Gray is charged with one count of distribution resulting in an overdose death and two counts of distributing heroin. Jones is charged with one count of distribution resulting in an overdose death and one count of distributing heroin.
Also charged with allegedly distributing heroin is: Shana Gadomski, 30, and Erik Grider, 26, who were each charged with one count of distributing a controlled substance containing heroin. Both Gadomski and Grider have pleaded guilty to the charge, and Gadomski has been sentenced to 18 months in prison.
Jason Stover, 30, was charged and pleaded guilty to maintaining a property for the purpose of distributing a controlled substance. He faces a potential maximum sentence of 20 years in prison.
Distribution of a controlled substance containing heroin carries a potential maximum sentence of 20 years in prison. If that distribution results in death it can be punishable by up to life in prison.
Acting U.S. Attorney Glassman commended the investigation of this case by the Hamilton County Heroin Coalition, and Assistant United States Attorney Timothy D. Oakley, who is prosecuting the cases.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Six Charged in Four Overdose Death InvestigationsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that six men were arrested this week on various federal heroin charges. The charges stem from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to a criminal complaint charging JONATHAN FISHER, 35, of Norwich, on April 9, 2016, Norwich Police responded to a medical emergency at FISHER’s residence. The emergency involved an 18-year-old male who had died from an apparent heroin overdose. FISHER was not present at the time law enforcement had arrived. A search of the victim’s wallet revealed one used glassine baggy and 10 unopened baggies marked with a particular brand stamp. A field test of the substance in the baggies yielded a positive presence for both heroin and fentanyl.
Approximately one month prior to the overdose death, FISHER was arrested by Norwich Police after he was found in possession of numerous baggies of heroin that were marked with the same stamp.
On April 12, 2016, Norwich Police arrested FISHER at a Norwich hotel. A search of FISHER’s wallet contained two glassine baggies containing suspected heroin and marked with the same brand stamp. A search of the hotel room where FISHER had been staying revealed more than 300 bags of heroin, prescription narcotics, more than one pound of marijuana, a digital scale and hundreds of empty glassine bags marked with the same stamp.
FISHER was charged by federal complaint on April 20 and is detained.
According to a criminal complaint charging JORGE MORALES, also known as “Capone,” 29, of Shelton, on April 15, 2016, a 21-year-old female was found unresponsive at her Bridgeport residence and was transported to the hospital. The victim has since been removed from life support and died.
Bridgeport Police recovered two baggies of suspected heroin packaged in glassine baggies from the bed next to where the victim was located. The baggies were marked with a particular brand stamp. A cellular telephone seized from the victim revealed numerous calls and text messages between the victim and MORALES in the days leading up the victim’s overdose. In addition, on April 15, 2016, law enforcement conducted a controlled purchase of heroin, marked with the same brand stamp, from MORALES.
MORALES was charged by federal complaint on April 20 and is detained.
According to a criminal complaint charging TIMOTHY PAPROCKI, 33, of Ledyard and RUDY HERNANDEZ, 43, of New London, on April 12, 2016, Groton Town Police responded to a report of a medical emergency involving a 25-year-old male. The victim, who had used heroin and/or fentanyl, was transported to the hospital where he was pronounced deceased. The investigation, which has included witness interviews and the review of cellphone records and text messages, revealed that the victim arranged to purchase heroin from PAPROCKI. PAPROCKI then purchased heroin from HERNANDEZ and distributed it to the victim.
On April 14, 2016, New London Police and other law enforcement conducted a search of HERNANDEZ’s residence and seized heroin, cocaine and multiple cellular telephones.
PAPROCKI and HERNANDEZ were charged by federal complaint on April 20 and are detained.
According to a criminal complaint charging DANIEL GAMERO, 23, of Hartford, and CHARLIE TACURI, 19, of Hartford, since February 2016, Hartford Police have been investigating the distribution of heroin marked with a particular brand stamp. During the course of the investigation, there have been at least two overdose deaths to which heroin marked with the stamp has been linked, one in Vernon on February 1 and one in Granby on March 22. Between February and April 2016, law enforcement conducted four controlled purchases of heroin mark with the same stamp from GAMERO and TACURI.
GAMERO and TACURI were arrested on April 21. On that date, a search of GAMERO’s Preston Street residence revealed hundreds of bags of heroin, marijuana and a firearm. GAMERO and TACURI are detained.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
These investigations are being conducted by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, Bridgeport High Intensity Drug Trafficking Area Task Force (“HIDTA Task Force”) and Hartford Task Force; the Statewide Narcotics Task Force, the Regional Community Enhancement Task Force, the U.S. Marshals Service and the Norwich, Bridgeport, Monroe, Groton Town, New London and Hartford Police Departments. The Tactical Diversion Squad includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon and Wilton Police Departments. The HIDTA Task Force includes participants from the Connecticut State Police and the Norwalk, Stamford, Stratford, Milford, Bridgeport and Trumbull Police Departments. The Hartford Task Force includes participants from the Bristol, East Hartford, Hartford, Manchester, New Britain, Wethersfield and Willimantic Police Departments.
These cases are being prosecuted by Assistant U.S. Attorneys Robert Spector, Avi Perry, Douglas Morabito and Gordon Hall.
Re-entry Business Summit at CCAC Encourages Employers to Hire Returning CitizensRead the Press Release
PITTSBURGH –A National Institute of Justice survey revealed that between 60 and 75 percent of ex-offenders are jobless up to a year after release yet many employers can’t find qualified employees to fill their jobs. (http://www.nij.gov/topics/corrections/reentry/pages/employment.aspx)
In light of this information a cluster of community organizations formed the Allegheny County Anchored Re-Entry Consortium (ACAR), which today is hosting an educational program for employers entitled Business Leaders’ Summit: Reentrants Work! at Community College of Allegheny County – Allegheny Campus. The Summit is designed to provide employers with valuable information they need to consider hiring formerly incarcerated individuals, also known as returning citizens or reentrants. Specifically, the Reentrants Work! Summit is designed to share best practices from leading employers along with a “How to Guide”; discuss the business case for hiring reentrants; and detail the cost-benefit analysis and tax credits for hiring reentrants. Nearly 200 business leaders, elected officials and heads of nonprofits were invited to attend.
U.S. Attorney David J. Hickton, Allegheny County Executive Rich Fitzgerald, CCAC President Dr. Quintin B. Bullock and Michael J. Smith, President and CEO Goodwill of Southwestern Pennsylvania welcomed participants. Ron Painter, President of the National Association of Workforce Investment Boards, provided the keynote address. Two 30-minute panels followed: the first - “Making the Business Case for Hiring Re-entrants” featured corrections and public policy officials and a second panel - “Models of Best Practice” – featured employers and reentrants. Pittsburgh Mayor William Peduto and CCAC President Bullock provided closing remarks.
“We are committed to preparing those who have paid their debt to society for substantive opportunities beyond the prison gates and addressing obstacles to successful reentry that too many returning citizens encounter,” stated U.S. Attorney Hickton. “Supporting successful reentry is an essential part of our mission to promote public safety – because by helping individuals return to productive, law-abiding lives, we can reduce crime and make our neighborhoods better places to live.”
“In the county, we spend a great deal of time, effort and money providing those who are in the criminal justice system with the tools and resources they need to turn their lives around, but that effort is for naught if there are not organizations willing to look past their records to the individual they are and the skills and talents that they bring to the table,” said County Executive Fitzgerald. “We are trying to lead by example, which is why the county enacted a ‘Ban the Box’ policy last year. When permissible, we look at job applicants on a case by case basis with any criminal record just one piece of the overall process. This is an important conversation to have, and we’re proud to be part of it with our corporate partners.”
“CCAC is pleased to support the efforts of the Allegheny County Anchored Re-Entry Consortium and to host the ACAR Business Leaders’ Summit. With our shared commitment to providing innovative programming designed to transform lives, we look forward to our continued collaboration and to the positive outcomes that are sure to result for the individuals who are being reintegrated into their communities, as well as for the employers and for the region as a whole,” said CCAC President Bullock.
Pennsylvania Department of Corrections Secretary John Wetzel added, “Every American benefits when an individual who was incarcerated re-enters society and becomes a good citizen. Meaningful employment is a critical component in achieving that objective.”
Mayor Peduto said, “Ex-offenders are our returning Americans that deserve a second chance like anyone else. We are missing out on a huge potential source of our workforce if we aren't considering them in our hiring decisions.”
The ACAR began as an initiative led by CCAC to establish credit and non-credit programs for reentrants. The ACAR has since evolved into a consortium of members from local government, community service agencies, faith-based organizations, corrections, the justice system, training and education institutions partnering to reduce recidivism through training, educational and employment opportunities.
Pittsburgh Man Pleads Guilty to Contempt of Court ChargeRead the Press Release
PITTSBURGH -A Squirrel Hill resident pleaded guilty in federal court to a charge of contempt of court, United States Attorney David J. Hickton announced today.
Dov Ratchkauskas, 49, of Pittsburgh, Pa., pleaded guilty yesterday to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that Ratchkauskas is a defendant in a mortgage fraud case, and in 2011 the Court released him on conditions of bond that limited his travel to the Western District of Pennsylvania, required him to turn in his passport, and prohibited him from obtaining a new passport. Shortly after his arraignment, the defendant sought permission of the Court to travel to Hawaii, but the Court denied the motion. After a Superseding Indictment and numerous continuances, the defendant agreed to plead guilty, and, on Feb. 20, 2015, the Court scheduled the change of plea hearing for Feb. 24, 2015. On Feb. 20, 2015, Ratchkauskas, while in Florida without the permission of the Court, applied for a U.S. passport on an expedited basis. Later investigation revealed that he had traveled back and forth from Florida several times between December 2014 and February 2015. He did not have permission to travel to Florida or anywhere else outside of the Western District of Pennsylvania. While on bond, the defendant also obtained an Israeli passport without the permission of the Court. Ratchkauskas is a citizen of both the United States and Israel, and he has bank accounts in Israel. Interviews of associates indicated that the defendant intended to flee the United States to Israel, but the defendant was arrested before he could flee. The defendant, however, while admitting to willfully violating the conditions of bond, denies that he intended to flee the Country.
Judge Fischer scheduled sentencing for Aug. 25, 2016. The law provides for a total sentence of life in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The United States Secret Service and the Criminal Investigation Division of the Internal Revenue Service conducted the investigation that led to the prosecution of Ratchkauskas.
Pair Sentenced for Making False Statements in Regards to Healthcare ProgramsRead the Press Release
HARRISONBURG, VIRGINIA – A pair of Winchester residents, who previously pled guilty to submitting false timesheets for payment to Virginia Medicaid, were sentenced yesterday in the United States District Court for the Western District of Virginia in Harrisonburg, United States Attorney John P. Fishwick Jr. and Virginia Attorney General Mark R. Herring announced today.
Kevin Lavelt Freeman, 51, and Cassie Lee Davis, 48, both of Winchester, Virginia, previously pled guilty to federal charges related to making false statements as they relate to a healthcare program.
Freeman previously pled guilty to one count of making false statements in connection with a healthcare program and one count of making false statements in connection to a healthcare benefits program. Yesterday in District Court, he was sentenced to 18 months of federal incarceration and two years of supervised release thereafter. In addition, Freeman was also ordered to pay $28,176 in restitution to the Department of Medical Assistance Services.
Davis previously pled guilty to one count of making false statements related to a healthcare matter and one count of healthcare fraud. Yesterday in District Court, she was sentenced to time served, five days, and ordered to pay restitution in the amount of $28,176 to the Department of Medical Assistance Services.
“We are proud to work alongside the Medicaid Fraud Control Unit of the Virginia Attorney General’s Office on these very important prosecutions,” United States Attorney John P. Fishwick Jr. said today. “Protecting the integrity of important social programs such as Medicaid and Medicare is of the utmost importance to law enforcement.”
“The great relationship between our Medicaid Fraud Control Unit, the U.S. Attorney’s Office, the Department of Medical Assistance Services, and our law enforcement partners is critical to holding providers accountable for fraud that weakens important healthcare programs and does a real disservice to the vulnerable patients who rely on them,” said Virginia Attorney General Mark R. Herring.
According to evidence presented at previous hearings by Assistant United States Attorney Grayson Hoffman and Assistant Attorney General and Special Assistant United States Attorney Vaso Doubles, Davis and Freeman, from July 2012 to August 2012, conspired to defraud the special caregiver program covered under Virginia Medicaid. During this time period Freeman was incarcerated. Davis, however, submitted, on at least two occasions, timesheets for payment to the Virginia Medicaid program for services that were never rendered by Freeman. In addition, Davis also falsified bills by making materially false statements or representations about the services Freeman provided her during the time he was incarcerated.
Davis and Freeman communicated by telephone about their fraud during Freeman’s incarceration. These telephone calls were recorded and a number of the calls included discussions between Davis and Freeman regarding the manner in which they were defrauding the Virginia Medicaid Program.
The investigation of the case was conducted by the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit, the Federal Bureau of Investigation and the United States Department of Health and Human Services Office of the Inspector General. Assistant United States Attorney Grayson Hoffman and Assistant Attorney General and Special Assistant United States Attorney Vaso Doubles prosecuted the case for the United States.
North Canton man charged with conspiracy to commit wire fraud and bankruptcy fraudRead the Press Release
A two-count criminal information was filed against James W. Wallace, of North Canton, charging him with conspiracy to commit wire fraud and bankruptcy fraud, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio,and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland Office.
Aged Shelf Corporation Scheme
The information alleges that Wallace, and Joseph Beck of Allentown, Pennsylvania, acting together and with others, from approximately January 2009 through December 2012, engaged in a scheme to defraud at least fifteen small business owners of at least $1,500,000 through an investment and loan scam. Wallace and Beck, acting through their companies Wallace Financial and Washington Integrity, fraudulently induced individuals to purchase “aged shelf corporations,” which served no legitimate business purpose other than to funnel money back to Wallace and Beck for their personal use. Wallace and Beck told potential buyers, who were individuals who often could not get funding from traditional financial institutions, that they could get them loans substantially greater than any available to them from commercial institutions through the purchase of an “aged shelf corporation” through Wallace Financial and Washington Integrity.
“Aged shelf corporations” were corporations that had been created some years before, but had never engaged in any business and were corporations on paper only. Wallace and Beck allegedly induced the would-be borrowers to believe that with the purchase of these previously created but dormant corporations they would qualify for private loans, credit cards with high credit limits, and other credit opportunities in amounts greater than were otherwise available to them from financial institutions. It is further alleged that Wallace and Beck misinformed buyers by telling them that they had “private lenders” waiting to lend money to the owners of these “aged shelf corporations” when they knew that no such private lenders existed. Wallace and Beck allegedly also falsely told would-be borrowers that other individuals had successfully obtained funding, but shrouded the details of their prior “successes” as well as the identities of their “private lenders” under a veil of mystery, citing proprietary and trade secrets, when no customers in fact received any private funding.
The information further alleges that Wallace and Beck fraudulently misrepresented that the money that customers paid to Wallace Financial and Washington Integrity for aged shelf corporations was used to obtain trade references, gain high PAYDEX scores (credit scores for corporations), and effect private placement of the loans. Wallace and Beck falsely told customers that their profit in the transaction would come later, after loans had been funded, from a percentage of the loans they succeeded in acquiring. Meanwhile, Wallace and Beck allegedly used a substantial share of the money to pay for personal expenses including strip clubs, jewelry, tattoo salons, meals at restaurants and bars, vacations and resort hotels, testosterone supplements, luxury products, sports equipment, tanning salons, payments on personal loans and mortgages, cash withdrawals, and transfers to personal accounts.
Bankruptcy Fraud
The information also alleges that, after agents with the FBI executed a search warrant on Beck’s residence and offices in Pennsylvania, and after former Wallace Financial and Washington Integrity customers filed civil lawsuits against Wallace, that he filed a false bankruptcy petition, under penalty of perjury, in the Northern District of Ohio. It is alleged that in the bankruptcy petition, titled In re: James Wallace, Case No. 12-61185, Wallace falsely withheld information regarding: his involvement with Beck and Washington Integrity; the number and amounts of creditors and debts owed by Wallace and his companies; bank accounts he possessed; his interests in executory contracts in the forms of the aged shelf corporation agreements he held with customers of Wallace Financial and Washington Integrity; and by falsely claiming a negative gross income for the two years preceding his bankruptcy filing.
If convicted, the defendant’s sentence will be determined by the Court after review of the factors unique to this case, including the defendant’s prior criminal record, his role in the offense and the characteristics of the criminal conduct. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Om Kakani, following an investigation by the Federal Bureau of Investigation.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove the defendant guilty beyond a reasonable doubt.
New Orleans Woman Pleads Guilty to Social Security FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MYRNA SHILOH, 56, of New Orleans, pled guilty yesterday to theft of public money.
According to the court documents, SHILOH lived with Individual “A”. Individual “A” was receiving Social Security Benefits until she died on May 16, 1998. After she passed away, checks continued to be sent from the Social Security Administration to Individual “A’s” address in New Orleans. From February 3, 1999 to March 3, 2015, SHILOH cashed the checks totaling $152,179.60.
In addition, SHILOH forged the name of Individual “A” on the check, deposited the forged checks into her account, and changed her address after Hurricane Katrina in order to keep getting the checks.
SHILOH faces a possible maximum sentence of ten years in prison and/or a fine of $250,000 and up to three years of supervised release. SHILOH will be ordered to pay restitution to the Social Security Administration. U.S. District Judge Lance M. Africk set sentencing for July 21, 2016.
U.S. Attorney Polite praised the work of the United States Secret Service, Office of Inspector General in investigating this matter. Assistant United States Attorney Carter K. D. Guice, Jr. of the Fraud Unit is in charge of the prosecution.
New Brighton Man Sentenced to Probation with Home Detention for Gun OffenseRead the Press Release
PITTSBURGH – A resident of Beaver County, Pennsylvania, has been sentenced in federal court to 60 months probation, with the first four months to be served on home detention with electronic monitoring, on his conviction of possession of a stolen firearm. In addition, Nolder, Jr. will pay $15,421.23 in restitution, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on Daniel Thomas Nolder, Jr., 26, of New Brighton, Pennsylvania.
According to information presented to the court, from in and around Aug. 1, 2014, through Dec. 15, 2014, Nolder Jr., aided and abetted Timothy Brown, Jr., who possessed, bartered, and disposed of 53 stolen firearms. Federal law prohibits individuals from possessing, bartering, and disposing of stolen firearms.
This case involved the theft of firearms from a licensed gun store which were ultimately traded for heroin.
Assistant United States Attorney Cindy K. Chung prosecuted this case on behalf of the government.
U.S. Attorney David Hickton commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Rochester Police Department, Aliquippa Police Department, Pittsburgh Bureau of Police, and, Pennsylvania State Police – Beaver Barracks, for conducting the investigation leading to the successful prosecution of Nolder, Jr.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes.