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7 June 2016
Racketeering Kingpin Pleads Guilty in Manhattan Federal CourtRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today a plea of guilty by MANUEL GEOVANNY RODRIGUEZ-PEREZ, a/k/a “Shorty,” to his role as a leader of a massive and violent racketeering organization (the “Rodriguez Enterprise”) whose members sold large quantities of marijuana, murdered and attempted to murder nearly 20 people, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses. RODRIGUEZ-PEREZ was previously charged in connection with “Operation Green Venom,” a coordinated multi-agency investigation that was led by Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE HSI”) and first announced in October 2010. In a proceeding today before U.S. District Judge Laura T. Swain, RODRIGUEZ-PEREZ entered a plea of guilty to one count of racketeering conspiracy, and accepted responsibility for dozens of illegal acts associated with that conspiracy, including nine murders and 10 attempted murders in the United States and the Dominican Republic.
Manhattan U.S. Attorney Preet Bharara said: “As he admitted in court today, Manuel Geovanny Rodriguez-Perez was responsible for the murders of nine people, the attempted murders of 10 more, and numerous other criminal acts. Rodriguez-Perez’s years-long reign of terror ended with his arrest nearly six years ago. His public admissions to his crimes and his ultimate sentence hopefully will provide some closure to the victims of Rodgriguez-Perez’s brutal violence.”
According to the terms of his plea, RODRIGUEZ-PEREZ acknowledged his leadership role in a wide range of criminal activity, including his responsibility for the murders of the following victims:
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Francisco Perez, a/k/a “Francie,” on October 26, 1997
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Antonio Kasse, a/k/a “Toasty,” on December 13, 1998
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FNU LNU, a/k/a “Carlos Valentin,” a/k/a “Campi,” in or about 2000
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Noel Herrera, on December 29, 2001
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Kelly Perez, a/k/a “Red,” on September 16, 2002
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Marino Molina, on January 11, 2003
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Wilfredo Molina, a/k/a “Willie,” on May 3, 2004
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Manuel Rivas, a/k/a “Tony el Mono,” on October 29, 2005
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Richard Cabrera, a/k/a “Bori,” on January 16, 2006
Noel Herrera, Marino Molina, and Manuel Rivas were each murdered by or at the command of RODRIGUEZ-PEREZ in the Dominican Republic. Wilfredo Molina was murdered at the command of RODRIGUEZ-PEREZ in New Jersey, and the remaining victims were murdered in New York City.
The maximum potential sentence for Count One of the Superseding Indictment, to which RODRIGUEZ-PEREZ pled guilty today, is life in prison.The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Additionally, RODRIGUEZ-PEREZ agreed to pay $25 million as a forfeiture penalty, which is the approximate amount of gross proceeds received by RODRIGUEZ-PEREZ derived from racketeering activities, properties in New York, Florida, and the Dominican Republic, and cash and jewelry seized by law enforcement officers.
RODRIGUEZ-PEREZ, 43, has been in federal custody since October 15, 2010, when he was arrested during a takedown of more than 50 members of a massive marijuana trafficking ring that transported ton-quantities of marijuana from Florida and California for distribution in the greater New York area from the early 1990s to 2010. RODRIGUEZ-PEREZ is scheduled to be sentenced by Judge Swain on October 25, 2016, at 2:00 p.m.
Mr. Bharara praised the outstanding investigative work of ICE HSI, the New York City Police Department, and the U.S. Drug Enforcement Administration. He also thanked the U.S. Marshals Service, the Bergen County, New Jersey, Prosecutor’s Office, the Englewood, New Jersey, Police Department, the U.S. Department of Housing and Urban Development, and the New York City Department of Investigation for their assistance, and added that the investigation is continuing.
The investigation and prosecution of the cases arising from “Operation Green Venom” has been overseen by the Office’s Violent and Organized Crime Unit.Assistant U.S. Attorneys Andrew C. Adams and Micah W.J. Smith are responsible for the prosecution.
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Pill Mill Operator Sentenced to Prison for Conspiring to Distribute Oxycodone and Other Drugs in Maryland and New YorkRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced Gerald Wiseberg, a/k/a Gerry Wiseberg and Jerry Wiseberg, age 83, of Boca Raton, Florida today to three years in prison followed by three years of supervised release for conspiring to distribute oxycodone and other drugs. Chief Judge Blake also entered an order that Wiseberg forfeit $273,000.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
“State and federal authorities are continuing to look at ways to shut down ‘pain clinics’ that are really just fronts for criminals who divert pharmaceutical drugs and hook a new generation of addicts,” said U.S. Attorney Rod J. Rosenstein. “Gerald Wiseberg traveled from state to state setting up clinics that prescribed opioid drugs to people who had no medical need for the drugs.”
“This pill mill operator case shows the complexity of the drug abuse cycle and how law enforcement must take a multi-tiered approach in dealing with prescription drug abuse and the connected abuse of heroin”, stated Assistant Special Agent in Charge Don A. Hibbert. “When users of prescription medications, especially opiate derivatives like oxycodone, become abusers of the medication, they often find themselves switching from oxycodone to a cheaper drug such as heroin. In doing so, a new generation of heroin addicts are created, which leads to an increase in cases of heroin overdoses we see every day in this nation.”
According to his plea agreement, from March 2010 through February 2011, Wiseberg owned and operated Total Care Medical Center, a pain management clinic located in Deerfield Beach, Florida. Although Wiseberg was not a medical doctor, he established the standard operating procedures for the clinic, including which drugs the prescribing physician could prescribe and the maximum dosage amounts of these drugs. As a result, Total Care accepted cash payments in exchange for providing prescriptions for large amounts of controlled substances, including oxycodone and alprazolam, to customers who did not have a legitimate medical need for the drugs.
In late 2010 and early 2011, two co-conspirators, Michael Resnick and his wife Alina Margulis, traveled to Florida to learn how to operate a pain clinic like Total Care. By early 2011, Wiseberg, Resnick and Margulis agreed to open a similar pain management clinic in Maryland. They opened Healthy Life, with Wiseberg as an investor, consultant and operator of the business. Wiseberg interviewed and hired medical directors at Healthy Life, specifically because he believed they would write prescriptions for narcotics to customers without a legitimate medical need.
Healthy Life first opened in Owings Mills, Maryland, and in October 2011, moved to a larger office in Timonium, Maryland. Both Healthy Life locations attracted large and unruly crowds. While outside the locations, customers caused disturbances, used narcotics, and engaged in narcotics transactions. Over 80% of the customers who received a prescription from Healthy Life were from out of state. Approximately 97% of the customers who received prescriptions from Healthy Life received at least one prescription for oxycodone.
From June 2011 through April 2012, Resnick and Margulis paid Wiseberg $12,000 a month for his role at Healthy Life. Wiseberg also received cash payments for his 30% share of the net profits from Healthy Life. In 2011 alone, those cash payments totaled $165,000.
Wiseberg also pleaded guilty to a charge filed in the Southern District of New York for conspiring to distribute oxycodone and other drugs. In that case, Wiseberg conspired with others to recruit patients from pain clinics to fill their prescriptions at specific pharmacies owned and controlled by Wiseberg’s co-conspirators. Wiseberg admitted that he knew the prescriptions were not for a legitimate medical purpose, but that the pharmacies would honor the prescriptions because his co-conspirators had staffed the pharmacies with pharmacists who would fill such prescriptions. Wiseberg and his co-conspirators required that patients filling prescriptions for oxycodone and other narcotics submit another prescription for a non-controlled substance at the same time. Wiseberg knew that these patients would pay substantially marked-up prices for oxycodone, and purchase additional non-controlled substances they did not need, in order to receive the painkillers.
Michael Resnick, a/k/a Michael Reznikov, age 55, and his wife, Alina Margulis, age 49, both of Brooklyn, New York, previously pleaded guilty to conspiracy to distribute oxycodone and alprazolam. Margulis also pleaded guilty to money laundering, and Resnick also pleaded guilty to structuring currency deposits. Resnick and Margulis have agreed to the entry of an order to forfeit $280,000. Resnick and Margulis await sentencing.
Physician William Crittenden III, age 52, of Kensington, Maryland, who served as a medical director at Healthy Life, was convicted at trial of conspiring to distribute oxycodone and alprazolam, and eight separate counts of unlawfully distributing oxycodone. Crittenden also awaits sentencing.
United States Attorney Rod J. Rosenstein commended the DEA Baltimore District Office and New Jersey Field Division, IRS, Baltimore County Police Department, and Baltimore County State’s Attorney’s Office, for their work in these investigations. Mr. Rosenstein expressed his appreciation to U.S. Attorney Preet Bharara for the Southern District of New York, and Assistant U.S. Attorneys Edward Diskant, Daniel Tehrani, and Shawn Crowley, who handled the New York prosecution. Mr. Rosenstein thanked Assistant U.S. Attorneys Jason D. Medinger and Peter J. Martinez, who prosecuted the Maryland case.
Photo taken during Attorney General Lynch’s visit to Fayetteville on May 24, 2016Read the Press Release
Photo taken during Attorney General Lynch’s visit to Fayetteville on May 24, 2016
Philadelphia Woman Charged with Stealing Dead Friend's PensionRead the Press Release
PHILADELPHIA - Melba Wilson, 76, of Philadelphia, Pennsylvania, was charged by Information, filed May 25, 2016, with one count of theft of government funds and one count of theft from an employee pension plan, announced United States Attorney Zane David Memeger. According to the Information, the defendant received Social Security and pension benefits intended for a deceased friend, after the friend’s death in March 2007 until her fraud was discovered in the spring of 2015. The defendant’s alleged actions resulted in a loss to the Social Security Administration in the amount of $134,389, and to the Department of Labor in the amount of $39,750, for a total loss to the government of approximately $174,139.
If convicted, the defendant faces a statutory maximum sentence of 15 years in prison, a three‑year period of supervised release, restitution to the government of $174,139, a possible fine, and a $200 special assessment.
The case was investigated by the Social Security Administration Office of Inspector General and the Department of Labor Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged in Trio of Bank RobberiesRead the Press Release
PHILADELPHIA - Reuben Jackson, 52, of Philadelphia, Pennsylvania, was charged today by Indictment with three counts of bank robbery, for three bank robberies that occurred in Center City Philadelphia in April and May 2016, announced United States Attorney Zane David Memeger and FBI Special Agent-in-Charge William F. Sweeney.
According to the indictment, on April 29, 2016, Jackson robbed the Citizens Bank at 1515 Market Street in Philadelphia; on May 3, 2016, he robbed the Polonia Bank at 2133 Spring Garden Street in Philadelphia; and on May 9, 2016, he robbed the PNC Bank at 400 Market Street in Philadelphia.
If convicted, the defendant faces a statutory maximum sentence of 60 years in prison, a possible fine, a period of supervised release, and a $300 special assessment.
The case was investigated by the FBI and Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Jeanine Linehan.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pearl River Man Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that STEVEN LONG, age 30, of Pearl River, Louisiana, pled guilty today to illegally possessing five firearms in his home on March 10, 2016, after having previously been convicted of three narcotics felonies in St. Tammany Parish.
If convicted, LONG faces a maximum sentence of ten (10) years imprisonment, a $250,000 fine, and three years of supervised release. U.S. District Judge Susie Morgan set sentencing for September 7, 2016.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco and Firearms (ATF) in investigating this matter. Assistant United States Attorney Myles Ranier is in charge of the prosecution.
Press AdvisoryRead the Press Release
WASHINGTON, D.C. – United States Attorney Richard S. Hartunian is scheduled to testify tomorrow at the Senate Judiciary Committee’s hearing on synthetic controlled substances.
The title of the hearing is “Deadly Synthetic Drugs: The Need to Stay Ahead of Poison Peddlers.” Other witnesses include Drug Enforcement Administration Acting Administrator Chuck Rosenberg and Michael P. Botticelli, Director of the Office of National Drug Control Policy.
Tuesday, June 7, 2016
Start of Senate Judiciary Committee Hearing: 10 a.m.
Dirksen Senate Office Building 226
Washington, D.C.More information about the hearing is available here.
Anyone who wants a copy of U.S. Attorney Hartunian’s prepared testimony, following his testimony, should contact Assistant U.S. Attorney Michael Barnett at (518) 431-0247.
Owner of Saul Farms Sentenced Bernard Saul to Serve 36 Months in PrisonRead the Press Release
BOISE -- Bernard Saul, 58, of Bliss, Idaho, the owner of Saul Farms, was sentenced today in United States District Court to 36 months in prison, followed by three years of supervised release, for the crimes of wire fraud and money laundering, U.S. Attorney Wendy J. Olson announced. Senior U.S. District Court Judge Edward J. Lodge also ordered Saul to forfeit $1,903,727 and pay a fine of $7,500. Saul pleaded guilty to one count of wire fraud and one count of money laundering on March 29, 2016.
Saul’s conviction and sentence arose out of his misbranding conventional, non-organic alfalfa seed as “organic” alfalfa seed, which he then sold for $1,903,727 more than the seed was worth. He did not tell his customers that they were actually purchasing conventional, non-organic alfalfa seed. Saul’s wife, Roza Saul, pleaded guilty on March 28, 2016, to a one-count information charging her with delivery of a misbranded food product. Roza Saul will be sentenced on June 20, 2016.
“Bernard Saul committed a basic fraud,” said Olson. “Business people who misrepresent their product in order to make more money than their product is worth cheat both their customers and honest, fair businesses. This sentence sends the clear message that owners of businesses who cut corners in this way will be punished, and will not be able to keep the proceeds of their crime.”
“The USDA OIG has the responsibility for protecting the integrity of the National Organic Program (NOP),” said Lori Chan, Special Agent-in-Charge, United States Department of Agriculture (USDA), Office of Inspector General (OIG), Western Region. “OIG conducts investigations in each region of the U.S. to deter and uncover criminal activity that undermines the organic program. Producers who engage in NOP fraud exploit the public’s trust by certifying agricultural products are organic when in fact they are not. The OIG at USDA works to ensure the public agricultural products certified as organic are truly organic.”
According to the plea agreement, Saul was the co-owner of Saul Farms, marketing as Bliss Seeds LLC. Saul Farms was located in Bliss, Idaho, and produced, handled, and sold alfalfa seeds labeled as “organic,” among other crops.
Under applicable federal regulations, to be sold or labeled as “organic,” an agricultural product generally (i) must have been produced and handled without the use of synthetic chemicals, (ii) must not have been produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the preceding three years, and (iii) must have been produced and handled in compliance with an appropriate organic plan. Also, an entity that intended to sell or label agricultural products as organic first had to be certified as an organic producer or handler according to applicable regulations.
According to the plea agreement, from 2010 through 2015, Saul annually applied to the Idaho State Department of Agriculture and Nature’s International Certification Services for United States Department of Agriculture organic certifications to produce and handle organic alfalfa seeds on Saul Farms. In the applications, and during site inspections, Saul represented that Saul Farms grew organic alfalfa seed on between 42 and 81 acres, and produced between 35,000 and 50,000 pounds of organic alfalfa seed per year. During 2010 through 2015, organic alfalfa seed sold for more than one dollar more per pound than conventional, non-organic alfalfa seed.
According to the plea agreement, from 2010 through 2015, Saul purchased conventional, non-organic alfalfa seed from Andrews Seed, Quarter J Circle Farms, McClintick Farms, and United Seed Services in the following approximate amounts: 66,403 pounds for 2010; 304,891 pounds in 2011; 438,288 pounds in 2012; 545,182 pounds in 2013; 447,218 pounds in 2014; and 334,371 pound for the first nine months of 2015. Saul knowingly and intentionally misbranded these seeds as “organic” alfalfa seeds, and sold them to customers Albert Lea, Kings Agriseeds, Blue River Hybrid, Byron Seeds, and Foundation Organic at the higher organic price and received the following payments: $182,000 for 2010; $891,661 for 2011; $1,910,583 for 2012; $1,538,763 for 2013; $1,645,910 for 2014; and $921,520 for the first nine months of 2015.
According to the plea agreement, for the years 2010 through 2015, Saul knowingly and intentionally did not disclose to the United States Department of Agriculture, Idaho State Department of Agriculture and Nature’s International Certification Services Saul Farms’ purchases of conventional, non-organic alfalfa seeds from Andrews Seed, Quarter Circle J Farms, McClintick Farms, and United Seed Services, and Saul Farms’ sales of alfalfa seed – represented as “organic” – to customers Albert Lea, Kings Agriseeds, Blue River Hybrid, Byron Seeds, and Foundation Organic. As a result, Saul obtained $1,903,727 more from the customers than they should have paid.
Also, according to the plea agreement, Saul engaged in monetary transactions with the proceeds of the fraudulent sales. From 2012 through 2015, Saul made the following purchases with the proceeds of the fraudulent sales: a 438-acre parcel of real property in Buhl, Idaho for $1,000,000; a 2012 Coachman Freelander recreational vehicle for $20,000 (partial payment); a 2014 Polar Kraft boat, engine, and trailer for $41,553; 2015 Dodge Ram 2500 Truck for $36,505; and a $90,000 cashier’s check.
The case was investigated by the Federal Bureau of Investigation, the United States Department of Agriculture, Office of Inspector General, and Internal Revenue Service, Criminal Investigation Division.
Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force (FFETF), which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
Ohio man pleads guilty to Federal sex crime involving minorsRead the Press Release
CHARLESTON, W.Va. – An Ohio man pleaded guilty today to a federal sex crime involving minors, announced Acting United States Attorney Carol Casto. Robert N. Bray, III, 38, of Logan, Ohio, entered his guilty plea to enticing minors to engage in sexual activity.
Bray admitted that in July 2015, he used a computer and cell phone to communicate with an individual he believed to be the mother of a 10-year-old female and a 5-year-old male in Parkersburg. In reality, Bray was communicating with an undercover law enforcement officer. Bray continued communicating with the undercover officer, thinking he was arranging to engage in sexual activity with the minors. Bray arranged a meeting on July 22, 2015, and when he arrived in West Virginia, he was arrested. That same day, law enforcement executed a search warrant on Bray’s Ohio residence and seized a computer containing almost 300 images of minors engaged in sexually explicit conduct.
Bray faces a federal prison sentence of 10 years, followed by 20 years of supervised release. Bray will also be required to register as a sex offender. Sentencing is scheduled for September 7, 2016.
This prosecution is the culmination of a comprehensive investigation conducted by the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the West Virginia State Police Bureau of Criminal Investigation, the Parkersburg Police Department, the Parkersburg Narcotics Task Force, the Wood County Sheriff’s Department, the Hocking County, Ohio, Sheriff’s Office, the Ohio Bureau of Criminal Investigation, and the FBI.
Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being brought as part of an ongoing initiative of the United States Attorney’s Office to combat child sexual exploitation and abuse in the Southern District of West Virginia.
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Ohio man charged with unlawful possession of firearmRead the Press Release
WHEELING, WEST VIRGINIA – A federal grand jury returned an indictment today charging Donaven J. White, 20, of Coshocton, Ohio, with unlawful possession of a firearm, United States Attorney William J. Ihlenfeld, II, announced.
White, who has a previous felony conviction in state court in Ohio, was allegedly discovered in unlawful possession of a .22 caliber revolver in April 2016 in Ohio County, West Virginia. White was previously convicted of the felony offense of “Robbery” in the Court of Common Pleas of Belmont County, Ohio in August 2014.
White is charged with one count of “Prohibited Person in Possession of a Firearm,” He faces up to 10 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen Vogrin is prosecuting the case on behalf of the government. The Wheeling, West Virginia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
New York Man Sentenced to More Than 10 Years in Federal Prison for Trafficking HeroinRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CARLOS GABRIEL ESTEVEZ, 24, formerly of Ozone Park, N.Y., was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 126 months of imprisonment, followed by five years of supervised release, for trafficking heroin.
According to court documents and statements made in court, in March 2013, the DEA New Haven Task Force began investigating a heroin trafficking organization headed by members of the Estevez family who lived in New York and the Dominican Republic. The Estevez organization, including CARLOS GABRIEL ESTEVEZ, distributed wholesale quantities of heroin to customers in New York, New Jersey and Connecticut.
On December 31, 2013, in response to court-authorized intercepts of calls and texts, investigators surveilled a co-defendant as he drove from Connecticut to a parking lot in New Rochelle, N.Y., where ESTEVEZ met him and provided him with two brick-like packages. A Connecticut State Police trooper subsequently conducted a motor vehicle stop of the co-defendant as he was driving on I-95 in Milford and seized two bricks of heroin, each weighing approximately 500 grams, from a natural cavity in the vehicle’s wall.
ESTEVEZ has been detained since his arrest on September 11, 2014. On December 8, 2015, a jury found him guilty of one count of conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, and one count of possession with intent to distribute, and distribution of, one kilogram or more of heroin.
Judge Shea found that ESTEVEZ was responsible for the distribution of at least 30 kilograms of heroin.
This matter was investigated by the DEA New Haven Task Force, with the assistance of the DEA Hartford Task Force and the DEA in New York. The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorneys Geoffrey M. Stone and Brian P. Leaming.
Muskegon Man Sentenced to 96 Months in Federal Prison for Drug, Firearm, and Witness Tampering OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN – Larry Dwayne Diggs, age 24, also known as "Montana" and "Montie," of Muskegon, Michigan was sentenced to 96 months in federal prison for drug, firearm, and witness tampering offenses, U.S. Attorney Patrick A. Miles, Jr. announced today. In addition to the prison term, U.S. District Judge Robert Holmes Bell imposed a 3-year term of supervised release that will commence once Diggs is released from imprisonment.
Diggs pled guilty on February 3, 2016, to one count of possessing "crack" cocaine with the intent to distribute, one count of using and carrying a firearm during and in relation to a drug trafficking crime, and one count of witness tampering. Diggs admitted at the plea hearing that on July 2, 2015, he possessed a quantity of "crack" cocaine and a Glock pistol while at a gas station in Muskegon, Michigan. He admitted that he was on his way to sell the "crack" cocaine to a customer, and he possessed the loaded handgun for his protection. Investigation revealed that the handgun was stolen, and Diggs was a convicted felon.
Diggs’ criminal conduct was not limited to selling drugs while armed with a stolen handgun, which itself posed a significant risk to the community. In the sentencing memorandum Assistant U.S. Attorney Sean Lewis advised the judge that Diggs engaged in "a campaign of witness tampering in an effort to avoid responsibility for his crimes" and argued that such conduct "strikes at the heart of the judicial system and is affront to the Court and the community." Moreover, Diggs "has a number of prior convictions, to include a conviction for shooting at people near a crowded beach in the Muskegon area." Diggs’ conduct and history warranted "a significant custodial sentence to reflect the seriousness of his conduct, promote respect for the law, deter future criminal conduct by the defendant, deter others from engaging in similar conduct, and provide just punishment for his criminal conduct."
The charges in this case are the result of a joint investigation by the Muskegon Township Police Department and the Muskegon Violent Crime Task Force, which includes the Federal Bureau of Investigation (FBI), the Michigan State Police (MSP), and the Muskegon City Police Department. The U.S. Attorney's Office, the Muskegon County Prosecutor's Office, and federal, state, and local law enforcement are working closely together to combat violent crime and witness tampering in the Muskegon area.
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Mexican National Arraigned on Federal Firearms and Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Moises Jimenez-Salas, 37, a Mexican national illegally in the United States who previously has been deported to Mexico three times, was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with violating the federal firearms and narcotics trafficking laws. During this morning’s proceedings, Jimenez-Salas entered a not guilty plea to the indictment. He remains in federal custody pending trial.
Jimenez-Salas was arrested on May 12, 2016, and charged in a criminal complaint with possession of methamphetamine and heroin and using and carrying a firearm and ammunition in relation to a drug trafficking crime. Court records reflect that on May 11, 2016, Bernalillo County Sheriff’s Office (BCSO) detectives responded to a motel located at Coors Blvd. NW and Interstate 40 in Albuquerque after receiving information regarding drug activity at the motel. At the motel, the detectives allegedly observed Jimenez-Salas carrying a cardboard box allegedly containing 463 grams of methamphetamine and 16 grams of heroin. During a search incident to arrest, the detectives allegedly found another bag in Jimenez-Salas’ pocket which allegedly contained 21 grams of methamphetamine. They also allegedly found a firearm and ammunition on Jimenez-Salas’ waistband.
Jimenez-Salas was subsequently charged in a four-count indictment on May 25, 2016. The indictment charges Jimenez-Salas with being an alien illegally in possession of a firearm and ammunition, possession of heroin and methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime. The indictment alleges that Jimenez-Salas committed the crimes on May 11, 2016, in Bernalillo County, N.M.
If convicted of the illegal alien in possession of a firearm and ammunition charge, Jimenez-Salas faces a maximum penalty of ten years in federal prison. If convicted of the methamphetamine trafficking charge, Jimenez-Salas faces a mandatory minimum of five years and a maximum of 40 years in federal prison. If convicted of the heroin trafficking charge, Jimenez-Salas faces a maximum penalty of 20 years in federal prison. If convicted of the possession of a firearm in relation to a drug trafficking crime charge, Jimenez faces mandatory sentence of five years in prison that must be served consecutive to any other sentence imposed. Charges in complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and BCSO and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
This case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Meridian Man Indicted for Dealing Firearms Without a LicenseRead the Press Release
BOISE – Steven W. Clyne, 69, of Meridian, made an initial appearance today for dealing firearms without a license, U.S. Attorney Wendy J. Olson announced. A federal grand jury in Boise indicted Clyne on May 11, 2016. The indictment alleges that from January 2013 until November 2015, Clyne willfully engaged in the business of dealing firearms without a license.
Clyne appeared in court for the first time today. He appeared on a summons and was released on his own recognizance. Trial is scheduled for August 8, 2016, at the federal courthouse in Boise before Chief U.S. District Judge B. Lynn Winmill.
The charge of dealing firearms without a license is punishable by up to five years in prison, a maximum fine of $250,000, and up to one year of supervised release. The government is seeking forfeiture of the multiple firearms involved in the offense.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Maryland Man Sentenced to 46 Months in Prison for Robbing Bank in Northwest WashingtonRead the Press Release
WASHINGTON – Dhyru Jamaal Gillis, 21, of Hyattsville, Md., has been sentenced to 46 months in prison for robbing a bank in Northwest Washington, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gillis pled guilty in March 2016 to a charge of bank robbery. He was sentenced on June 6, 2016, by the Honorable Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia. Following his prison term, Gillis will be placed on three years of supervised release.
According to the government’s evidence, on Oct. 19, 2015, at approximately 9:55 a.m., Gillis entered a SunTrust Bank branch in the 5000 block of Connecticut Avenue NW. He passed a demand note to the teller stating that, “[t]his is a robbery give all your $100 $50, $20 you got 30 seconds.” Fearing for her safety and the safety of others, the teller turned over $2,344.
In addition to admitting to that robbery, in his guilty plea Gillis admitted attempting to rob a Citibank branch in the 5700 block of Connecticut Avenue NW, just three days earlier, on Oct. 16, 2015. He wound up leaving the bank without getting any money.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Chief Lanier commended the actions of the FBI and Metropolitan Police Department officers who worked to solve this case. They also expressed appreciation for the work of Paralegal Specialists Jeannette Litz and Teesha Tobias of the U.S. Attorney’s Office. Finally, they commended efforts of Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.
Martins Ferry, Ohio man charged with interstate cocaine traffickingRead the Press Release
WHEELING, WEST VIRGINIA – A federal grand jury returned an indictment today charging Shawndale Saunders, 54, of Martins Ferry, Ohio, with cocaine trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Throughout April and May 2016, Saunders allegedly conspired with other individuals to transport cocaine across state lines from Ohio into West Virginia in order to possess and sell the drug in Ohio County, West Virginia. Specifically, Saunders is alleged to have utilized a telephone to facilitate the sale of cocaine in Ohio County, West Virginia.
Saunders is charged with one count of “Conspiracy to Distribute 280 Grams or More of Cocaine Base,” for which he faces between 10 years and life in prison and a fine of up to $10,000,000. He is further charged with one count of “Use of a Telephone to Facilitate Distribution of Cocaine Base,” for which he faces up to four years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen Vogrin is prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, and the Martins Ferry, Ohio Police Department are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Manchester Woman Sentenced to 37 Months in Prison for March 2015 Bank RobberyRead the Press Release
Concord, N.H.—Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Marjorie Hendrie, 42, previously of Manchester, New Hampshire, was sentenced for the robbery of a TD Bank branch location in March 2015. United States District Judge Paul Barbadoro imposed a sentence of 37 months’ imprisonment, three years supervised release, restitution to the Bank, and a mandatory $100 special assessment.
According to the indictment, statements made in court, and other public records in the case, on March 16, 2015, Hendrie robbed a TD Bank branch location at 1255 South Willow Street, Manchester, New Hampshire. Although not actually armed, Hendrie approached the teller with a demand note stating, “I have a gun – give me the money and no one will be shot.” The teller complied, providing Hendrie approximately $6,048 in bank funds. Hendrie briefly fled on foot before retrieving her parked vehicle from an adjacent hotel parking lot. Bank personnel observed her getting into the vehicle and provided a description to Manchester Police. Responding officers located the vehicle almost immediately and stopped Hendrie in a nearby parking lot, recovering all of the stolen funds.
A federal indictment charging Hendrie with bank robbery in violation of Title 18, United States Code, Section 2113(a), was returned on July 1, 2015, and Hendrie pleaded guilty on February 29, 2016.
The case was investigated by the Manchester Police Department with assistance from the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
###Man Sentenced to Life in Kidnapping CaseRead the Press Release
RALEIGH – The United States Attorney’s Office announced that yesterday, Senior United States District Judge W. Earl Britt sentenced GEORGE LINCOLN STANLEY IV, 47, of Durham, North Carolina, to life imprisonment for kidnapping and conspiracy to commit kidnapping.
GEORGE LINCOLN STANLEY IV was convicted on December 8, 2015 by a jury following a trial in federal court before Senior United States District Judge W. Earl Britt.
The investigation showed that the victim had been kidnapped from his home after returning from attending a boxing match in Las Vegas. The kidnappers lay in wait at the victim’s house and, after beating him badly, took him to a storage unit where he was held and tortured. Crime scene technicians recovered the kidnappers’ fingerprints, as well as the victim’s blood, within the storage unit. Zip ties were still attached to a chair within the storage unit and the victim’s personal identification was located on a nearby table. The victim, who was severely injured with a swollen eye, broken leg, ligature marks on his wrists and ankles, and duct tape still on his face and neck, was located by law enforcement on a rural dirt road in neighboring Nash County, North Carolina.
At trial, the evidence showed an elaborate scheme to target and kidnap the victim in order to steal money from him. The defendant, along with his co-defendants, broke into the victim’s house when they knew the victim would be out of town. The defendants waited in the victim’s home and attacked the victim when he returned. The defendants ransacked the victim’s home looking for money. The defendants demanded money of the victim, kidnapped him, and took him to the storage unit where they assaulted him and demanded more money. A large sum of cash was taken from the victim. At the time of his arrest, STANLEY had over $21,000.00 cash in his pocket.
The investigation was handled by the Raleigh Police Department, Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Raleigh/Wake City-County Bureau of Identification, State Bureau of Investigation, Wake County Sheriff’s Office and Johnston County Sheriff’s Office. Assistant U.S. Attorney Dena King and Special Assistant U.S. Attorney Jonathan Holbrook represented the government. Mr. Holbrook is a prosecutor with the Wake County District Attorney’s Office. Wake County District Attorney Lorrin Freeman has assigned Mr. Holbrook to the United States Attorney’s Office through a grant program which allows him to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.
Los Angeles Man Arrested on Federal Fraud and Identity Theft Charges Related to Lottery Scam that Targeted Elderly VictimsRead the Press Release
LOS ANGELES - A South Los Angeles man was arrested today on federal fraud charges for participating in a lottery scam that allegedly targeted elderly victims with promises of cash prizes and cars – as long as they paid taxes and fees.
Carl Dean Bullock, 65, was arrested at his residence this morning without incident by inspectors with the United States Postal Inspection Service. Bullock is expected to be arraigned on a 20-count indictment this afternoon in United States District Court.
A federal grand jury on June 3 returned an indictment that charges Bullock with 13 counts of mail fraud, three counts of wire fraud and four counts of aggravated identity theft.
Bullock allegedly participated in a scheme to defraud mostly elderly victims in the United States. Using false promises that the victims had won large lottery or sweepstakes prizes, members of the scheme fraudulently told victims that, in order to obtain their “winnings,” they would need to send money to pay for taxes, fees and other expenses. Hoping to collect the winnings, victims sent money to members of the scheme via wire transfer, money orders and cash. The money was sent through the United States mail, as well as through the Western Union and MoneyGram systems.
Bullock allegedly received some of the fraudulently obtained money, and then sent a portion of it to his co-schemers, most of whom were in Jamaica.
The investigation, so far, has uncovered 25 victims – one of whom was 88 years old – who sent nearly $200,000 to obtain their non-existent prizes.
“Fraud schemes like the one charged in this indictment, which promise large rewards in exchange for ‘fees’ and ‘taxes,’ harm vulnerable members of our communities and potentially jeopardize the victims’ ability to make ends meet in retirement,” said United States Attorney Eileen M. Decker. “This defendant’s conduct was particularly egregious because he assisted criminals outside of the United States target elderly victims here.”
“Foreign lottery and sweepstakes fraud cost Americans millions every year,” stated Los Angeles Postal Inspector in Charge Robert Wemyss. “When one family member is harmed, the impact can be felt by all. Losses can be monumental, and entire fortunes, inheritances and retirement security can be wiped-out. This arrest demonstrates the commitment of Postal Inspectors to protect our seniors from these unscrupulous scam artists.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
The wire fraud and mail fraud charges each carry a statutory maximum penalty of 20 years in federal prison. The aggravated identity theft charges carry a mandatory consecutive sentence of two years in prison.
The investigation in this case is being conducted by the United States Postal Inspection Service, which received substantial assistance from the Glendale Police Department.
Las Vegas Telemarketer Sentenced to Prison for Defrauding Southern Illinois ResidentsRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced that United States District Judge Nancy J. Rosenstengel sentenced Becky S. Marrs, 68, of Las Vegas, NV, to one year and one day in federal prison on her conviction for telemarketing fraud. Marrs was sentenced after pleading guilty to a federal charge of conspiring to commit mail and wire fraud. The fraud scheme that Marrs participated in victimized individuals throughout the United States, including Southern Illinois.
During her plea hearing, Marrs admitted that she worked as a telemarketer for a telemarketing business in Las Vegas. Although the business frequently changed names, the two primary names of the business were Showcase Resorts and Vacation Max. Telemarketers from Showcase Resorts and Vacation Max called timeshare owners throughout the United States and offered to help them sell their timeshares. The telemarketers then falsely represented that they had found corporate buyers interested in acquiring blocks of timeshare units and that the victims’ timeshare units could be included in these blocks. In order to participate in this "corporate block," however, the telemarketers told the victims that they had to pay upfront fees, which usually ranged from $2,000 to $3,000. The telemarketers falsely told the victims that these fees were needed to pay closing costs. Instead, the fees were used as revenues for Showcase Resorts and Vacation Max. In addition, the telemarketers were paid a large commission for each fraudulent sale. These commissions typically ranged from 40% to 50%.
Because Showcase Resorts and Vacation Max had no corporate buyers, no timeshares were ever sold to any corporations. Showcase Resorts and Vacation Max employed individuals known as "Updaters" to handle all of the calls from customers who called in to ask why their timeshares had not been sold as had been promised. The job of these Updaters was to provide false excuses to the victims in order to string them along and prevent them from contacting their credit card companies and demanding their money back.
The scheme operated from at least December 5, 2006 until January 24, 2012. The losses caused by the scheme exceeded $11,000,000.
"Telemarketing fraud is rampant in this country," Acting U.S. Attorney Porter stated. "This sentence reinforces the position that I’ve previously stated: Telemarketers who defraud citizens of Southern Illinois are going to be prosecuted and will most likely go to prison."
In May 2013, the owner of Vacation Max, Michael Patrick Sullivan, was indicted. Sullivan pled guilty and on January 9, 2015, was sentenced to 5 years in prison. Three other telemarketers from the scheme (John Nicosia, Robert Kelly Mathews, and Elpenike Eddy-Aldava), as well as one of the Updaters (Patrick Nosack) were also charged. Nicosia, Mathews, and Nosack all pled guilty and were sentenced to prison. On October 9, 2015, after a four-day trial, a federal jury in East St. Louis found Eddy-Aldava guilty of conspiring to commit mail and wire fraud. She is also currently serving a federal prison sentence.
As part of today’s sentence, the court also ordered Marrs to pay $531,416 in restitution to the victims she defrauded. When she completes her prison sentence, Marrs will serve a period of 2 years of supervised release.
The case against Marrs is one of approximately 80 cases prosecuted by the U.S. Attorney's Office for the Southern District of Illinois relating to timeshare resale fraud and part of an ongoing investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service.
The prosecution of this case was handled by Assistant United States Attorney Scott Verseman.
Las Cruces Resident Sentenced to Ten Years for Federal Methamphetamine Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Eric G. Acosta, 29, a resident of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by five years of supervised release for his conviction on methamphetamine trafficking and firearms charges. Acosta’s conviction was based on his May 14, 2015, guilty plea.
Acosta and co-defendant Christopher J. Cleveland, 36, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with methamphetamine trafficking and firearms charges. According to the complaint, during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger. The complaint stated that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.
In an indictment filed on Oct. 16, 2014, Acosta and Cleveland were charged with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute. The indictment also charged each of the two men with being felons in possession of firearms. The two men were charged with committing these crimes on June 23, 2014, in Doña Ana County. At the time, Acosta and Cleveland each was prohibited from possessing firearms or ammunition because each had previously been convicted a felony offense.
On June 9, 2015, Cleveland pled guilty to the two-methamphetamine trafficking charges. At sentencing, Cleveland faces a statutory minimum of ten years and a maximum of life in federal prison followed by not less than five years of supervised release. Cleveland remains detained pending a sentencing hearing which is currently scheduled for June 2016.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Jersey City, New Jersey, Man Arrested and Charged with $3.4 Million Investment Fraud SchemeRead the Press Release
NEWARK, N.J. – A Jersey City man was arrested today on charges that he defrauded investors using phony contracts he had to sell olive oil to major retailers and then used the money for purchases, U.S. Attorney Paul J. Fishman announced.
Antonio Fasolino, 59, of Jersey City, New Jersey, was arrested by special agents of the FBI and charged by complaint with wire fraud. He is scheduled to appear this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court.
According to the criminal complaint:
Fasolino owned several companies that were purportedly involved in the manufacture, sale and distribution of pasta, tomato sauce, olive oil and other food products. In 2012, Fasolino allegedly engaged in an investment fraud scheme in which he obtained more than $3.4 million from two victims by falsely representing that Fasolino’s companies had been awarded lucrative contracts to sell olive oil. In fact, there were never any such contracts and Fasolino spent the money on himself, including car and mortgage payments, apartment rentals, a wedding, college tuition and credit card payments.
The count of wire fraud with which the defendant is charged carries a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross gain or loss caused by the scheme.
U.S. Attorney Fishman credited special agents of the FBI under the direction of Special Agent in Charge Timothy Gallagher, for the investigation leading to the arrests. He also thanked special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen for their roles in the investigation.
The government is represented by Assistant U.S. Attorneys Lakshmi Herman and Zach Intrater of the U.S. Attorney’s Office’s Economic Crimes Unit, and Assistant U.S. Attorney Sarah Devlin of the Assert Forfeiture and Money Laundering Unit.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Alan Silber Esq., Roseland, New Jersey
Independence Man Indicted for Illegal Firearm After Shooting at Woman, ChildrenRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man was indicted by a federal grand jury today for illegally possessing a firearm after a woman reported that he shot at her and her children.
Senecca T. Spencer, 40, of Independence, was charged with being a felon in possession of a firearm in an indictment returned by a federal grand jury in Kansas City, Mo.
Today’s indictment alleges that Spencer, who has prior felony convictions, was in possession of a Jimenez Arms 9mm pistol and ammunition on May 25, 2016. The indictment replaces a federal criminal complaint that was filed against Spencer on May 26, 2016. Spencer remains in federal custody.
According to an affidavit filed in support or the original criminal complaint, police officers were called to an Independence residence on a report of a domestic violence disturbance and shots fired at the scene. When they arrived at the residence, the affidavit says, the victim told officers that she and Spencer had been arguing and the argument escalated. When he left the house, allegedly carrying the 9mm pistol, she and her children locked all the doors and windows to prevent his return.
The victim told police that as she and her children were standing in the kitchen area of the residence, Spencer pointed the handgun at her, from the “porch area” of the residence, through a window, and fired the handgun. Investigators later determined that a bullet had shattered the kitchen window, traveled through the house and penetrated an interior wall/trim area.
Spencer was stopped in his vehicle near the intersection of 43rd Street and Phelps and arrested. As he was being placed under arrest, a police officer found a 9mm cartridge in Spencer’s front left pocket. The loaded 9mm pistol was discovered in the center console area of the vehicle.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. According to the affidavit, Spencer has at least 11 felony convictions, including seven felony convictions for assault and violent crimes, and convictions related to breaking and entering and possession of controlled substances with the intent to distribute them.
Dickinson cautioned that the charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Bradley K. Kavanaugh. It was investigated by the Independence, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Harrisburg Man Pleads Guilty to 14 Bank RobberiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man has pled guilty before United States District Court Judge Sylvia H. Rambo in Harrisburg to committing 14 bank robberies in four central Pennsylvania counties.
According to United States Attorney Peter Smith, Andre Mosley, age 48, of Harrisburg, pled guilty to robbing 14 financial institutions in Dauphin, Cumberland, Franklin and York Counties between late 2014 and February 2015. The total loss is estimated at approximately $52,295. Mosely has agreed to make restitution.
The institutions that were robbed and the amounts stolen are as follows:
$1,540, Members First Federal Credit Union, Strawberry Square, Harrisburg; $2,900, Patriot Federal Credit Union, Chambersburg; $950, Fulton Bank, 200 N. 3rd Street, Harrisburg; $3,495, Fulton Bank, 1429 N. 3rd Street, Harrisburg; $1,930, PNC Bank, Carlisle; $3,000, Members 1st Federal Credit Union, Carlisle; $7,790, Citizens Bank, Highspire; $1,920, M&T Bank, Harrisburg; $14,480, Fulton Bank, Hummelstown; $4,670, Santander Bank, Red Lion; $4,250, Northwest Savings Bank, York; and $5,370, Mid-Penn Bank, Harrisburg.
The case was investigated by the Harrisburg Office of the Federal Bureau of Investigation’s Violent Crime Task Force, the Harrisburg Police Department, the Pennsylvania State Police and local and municipal police departments in the communities where the financial institutions were located. Assistant United States Attorney William A. Behe prosecuted the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Greene County Man Named in 41-Count Indictment Charging Production, Possession and Distribution of Child PornographyRead the Press Release
PITTSBURGH - A resident of Greene County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of production, distribution, and possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
The 41-count indictment named Eric James Stull, age 48, of Clarksville, Pennsylvania, as the sole defendant.
According to the indictment, from May 8, 2006 to Dec. 26, 2015, Stull produced 41 video and image files of the sexual exploitation of a minor. The indictment further alleges that on or about July 21, 2015, Stull knowingly distributed a video containing material depicting the sexual exploitation of a minor to an undercover Pennsylvania State Police Corporal. The indictment further alleges that on or about April 29, 2016, Stull possessed images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.
The law provides for a maximum sentence of life imprisonment for the production of child pornography counts, a maximum sentence of 20 years imprisonment for distribution of child pornography, a maximum sentence of 10 years imprisonment for possession of child pornography, a maximum term of supervised release of life, and a fine of $10,250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Pennsylvania State Police, the Federal Bureau of Investigation, and the Greene County District Attorney’s Office conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Georgia Woman Sentenced for Stealing Disabled Son's BenefitsRead the Press Release
ATLANTA - Veronical Joyner has been sentenced to two years in prison following her guilty plea for stealing her disabled son's Supplemental Security Income (“SSI”).
“Joyner lied to get her disabled son’s Social Security benefits,” said U. S. Attorney John Horn. “Those benefits were intended to provide much needed care for him. Instead, Joyner selfishly spent the money on herself.”
“There are few things more egregious than someone that wrongly takes the SSA funds of a disabled child and uses the money for themselves. These investigations demonstrate the seriousness with which Social Security Administration’s Office of the Inspector General (SSA/OIG), responds to allegations of fraud against our agency and its recipients,” said Special Agent-in-Charge Margaret Moore-Jackson, SSA/Office of the Inspector General. “Though SSA has worked diligently over the years to improve the systems to detect the misuse of benefits, SSA/OIG actively pursues the few determined individuals that continue to manipulate the system. We are pleased with the aggressive action by the US Attorney’s Office that resulted in this sentencing.”
According to U.S. Attorney Horn, the charges and other information presented in court: in 2005, the Defendant applied for SSI on her son's behalf. At that time, she swore to the Social Security Administration (“SSA”) that her son lived with her and that she would use the benefits for his care and support. Because of her false statements, she was appointed to be his representative payee, allowing her to receive SSI payments directly. Subsequently, Joyner completed annual reporting forms swearing that her son continued to live with her and that she spent all of the money on him. She often included statements in the reporting forms explaining she was “unable to save” any money for her son because of additional expenses associated with his care. In fact, her son did not live with her and she did not use the money for his care and support. Rather, she spent the money on her own personal expenses. Her fraud continued until March 2014, when the SSA discovered that the child did not, and never had, lived with Joyner.
Veronical Joyner, 43, of Conyers, Georgia, was sentenced to two years in prison to be followed by three years of supervised release, a $100 special assessment, and ordered to pay restitution in the amount of $66,425.20. Joyner was convicted on these charges on March 17, 2016, after she pleaded guilty.
This case was investigated by the Social Security Administration /Office of the Inspector General.
Special Assistant United States Attorney Diane C. Schulman prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga
Garland, Texas, Man Sentenced to 126 Months in Federal Prison for Possessing Prepubescent Child PornographyRead the Press Release
DALLAS — Sacramento Moon Morales, 34, of Garland, Texas, was sentenced yesterday afternoon by U.S. District Judge Sam A. Lindsay to serve 126 months in federal prison and 20 years of supervised release, following his guilty plea in January 2016 to an indictment charging one count of possession of prepubescent child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, on approximately March 26, 2014, Morales knowingly possessed paper that contained sexually explicit images of prepubescent females, knowing that the images were of actual children.
As noted in the public record, Morales was convicted of kidnapping and indecency with a child in Hidalgo County, Texas, in 2003.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The case was investigated by the Garland Police Department. Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
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Fourth Ocean Shipping Executive Indicted for Price Fixing and Bid RiggingRead the Press Release
An ocean freight executive has been indicted for his participation in a long-running conspiracy to restrain trade in international ocean shipments of roll-on, roll-off cargo to and from the Port of Baltimore and elsewhere in the United States, the Department of Justice announced today.
A grand jury in the District of Maryland returned the indictment. Mauricio Javier Garrido Garcia (Garrido), an executive of Compañia Sudamericana de Vapores S.A. (CSAV) and resident of Chile, is charged with allocating customers and routes, rigging bids and fixing prices for international ocean shipments of roll-on, roll-off cargo, including cars, trucks and construction and agriculture equipment. Garrido is accused of participating in the conspiracy from as early as 2000 until at least September 2012. An indictment is a formal charging document, and the defendant is presumed innocent until proven guilty in a court of law.
Garrido is the eighth executive to be charged in the investigation to date. Four individuals have already pleaded guilty and been sentenced to prison and three others have been indicted but remain fugitives from justice. CSAV and two other companies have also pleaded guilty and paid over $136 million in criminal fines.
“This long-running conspiracy restrained trade in one of the main channels of international commerce – the oceans,” said Principal Deputy Assistant Attorney General Renata B. Hesse, head of the Department of Justice’s Antitrust Division. “Today’s indictment further demonstrates the division’s commitment to holding accountable ocean-shipping executives who participated in this scheme.”
“These charges brought today, and for the prior seven executives charged, outline a deceptive scheme to destabilize competition in the marketplace,” said Special Agent in Charge Kevin Perkins of the FBI’s Baltimore Division. “Those who engage in this type of criminal activity with the intent on corrupting our economy will be identified and brought to justice. To ensure we don’t erode the public’s trust in the competitive bidding process, the FBI will continue to work with the Antitrust Division to ensure the integrity of competition across all industries.”
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the international roll-on, roll-off ocean shipping industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Baltimore Division, with assistance from the U.S. Customs and Border Protection Office of Internal Affairs, Washington Field Office/Special Investigations Unit. Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal I Section at 202-307-6694, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Baltimore Division at 410-265-8080.
Garrido Indictment
Fourteen Defendants Charged with Drug Trafficking and Illegal Weapons Possession in the Cypress Hills Houses in BrooklynRead the Press Release
Four indictments and two complaints were unsealed today in United States District Court for the Eastern District of New York charging 14 defendants for their involvement in narcotics trafficking and illegal weapons possession in the Cypress Hills Houses, a New York City Housing Authority complex located in East New York, Brooklyn.
The defendants’ initial appearances and arraignments are scheduled this afternoon before United States Magistrate Judge Cheryl L. Pollak at the federal courthouse in Brooklyn.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and William J. Bratton, Commissioner, New York City Police Department (NYPD).
“These charges send the message that the United States Attorney’s Office stands fully in support of the residents of the Cypress Hills Houses who have been victimized too long by those who have been flooding their neighborhood with guns and drugs,” stated United States Attorney Capers. Mr. Capers thanked the Kings County District Attorney’s Office for their assistance with the government’s investigation.
“The scope and nature of this investigation reads like something out of a Hollywood movie script, involving a massive drug trafficking network and deadly violence. But the actions of these alleged gang members who have held a community hostage are real and have real consequences that the FBI NY Metro Safe Streets Task Force, the NYPD, and our law enforcement partners won’t allow them to escape,” said FBI Assistant Director-in-Charge Rodriguez.
“As alleged, the members of the Cypress Hills neighborhood have seen drugs and guns pour into our streets. The department targeted the crime with the same precise, targeted policing that has been used in the hundreds of arrests we have made in recent months,” said Police Commissioner Bratton. “This is the latest in our increasing and on-going efforts to arrest gangs and crews who carry weapons, deal drugs, or commit violence. Thanks as always to the FBI and the Eastern District of New York for their continued commitment to making our city safer with today’s enforcement.”
As alleged in the various documents filed in court by the government, the Cypress Hills Houses (“Cypress”) have been besieged in recent years by gang- and drug-related violence, including numerous homicides and a significant number of non-fatal shootings. In response to this criminal activity inflicted on the residents of the more than 1,400 apartments in Cypress, since November 2015, the FBI, the NYPD, and the U.S. Attorney’s Office have been conducting an investigation of a neighborhood-based street gang known as the Back Side crew – the Back Side refers to the section of Cypress that borders Euclid Avenue. The investigation revealed that in recent years, the Back Side crew has closely aligned with members of the Team Side crew – the Team Side refers to the section of Cypress that borders Fountain Avenue – and that some members of the two crews self-identify as members of the Crips criminal street gang.
The government’s investigation included court-authorized wiretaps of telephones used by the defendants, which confirmed the existence of a large-scale drug trafficking operation and in which all of the defendants charged in United States v. Renee Belardo, et al., 16-CR-297 (AMD), one of the indictments unsealed today, were active participants. During just a five-month period, that operation was responsible for the distribution of more than a kilogram of cocaine powder that was cooked into more than 280 grams of crack cocaine and distributed in and around Cypress and upstate New York.
The investigation also revealed that some of the defendants were involved in firearms trafficking, illegal weapons possession, and other criminal conduct, including a large-scale and fraudulent credit card scheme. On May 3, 2016, pursuant to a lawfully-authorized search warrant, the FBI seized and searched a Fed-Ex package that one defendant attempted to ship to a co-conspirator in Georgia containing more than 1,300 fraudulently manufactured credit cards that bore no name or stored information.
The other charging instruments unsealed today include three indictments: United States v. Jason Soto, 16-CR-298 (ILG); United States v. James Young, 16-CR-296 (BMC); United States v. Darnell Clinkscale, 16-CR-299 (ARR); and two criminal complaints: United States v. Guillermina Escobar, 16-M-483; and United States v. Nicholas Medina, 16-M-481.
If convicted of the narcotics charges, Tyriek Hankins, Isiah Sadler, Anthony Keitt, Michael Vailes, Dimas Perez, and Ronald Jackson each face a maximum of life imprisonment.
The charges are all merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Margaret Gandy and Andrey Spektor are in charge of the prosecution.
The Defendants:
RENEE BELARDO
Age: 30
Brooklyn, New YorkDARNELL CLINKSCALE
Age: 28
Brooklyn, New YorkGUILLERMINA ESCOBAR
Age: 26
Brooklyn, New YorkTYRIEK HANKINS
Age: 29
Brooklyn, New YorkRONALD JACKSON
Age: 37
Utica, New YorkANTHONY KEITT
Age: 36
Brooklyn, New YorkNICHOLAS MEDINA
Age: 18
Brooklyn, New YorkDIMAS PEREZ
Age: 38
Brooklyn, New YorkRAFAEL PEREZ
Age: 50
Brooklyn, New YorkISIAH SADLER
Age: 31
Brooklyn, New YorkJASON SOTO
Age: 27
Brooklyn, New YorkCHERENA SWAIN
Age: 29
Brooklyn, New YorkMICHAEL VAILES
Age: 29
Brooklyn, New YorkJAMES YOUNG
Age: 31
Brooklyn, New YorkFormer TDCJ Parole Officer Convicted for Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – Saralyn Ann Proschko, a former parole officer with the Texas Department of Criminal Justice (TDCJ), has pleaded guilty to sexual exploitation of a child, announced U.S. Attorney Kenneth Magidson. Proschko, 47, of Victoria, was charged along with her boyfriend - David Ray McGee, 48, of Wallis.
In July 2015, authorities with the Victoria Police Department (VPD) responded to the TDCJ - District Parole Office in Victoria in reference to allegations of possession of child pornography. Officers met with Proschko and discovered an electronic video on her cellular telephone of a juvenile female engaged in a sexual act. Further investigation led to the discovery and charging of McGee in relation to the allegations.
The court heard that McGee had met Proshko on a dating website. During their conversations, he had indicated he had a sexually fantasy. Soon after, Proschko began texting him photos of herself penetrating a young girl with various sexual objects. Eventually, that led to him sexually assaulting the young girl who had begged him to stop during the attack. In at least one instance, Procshko had actually held the toddler down while McGee assaulted her.
Proschko is set for sentencing Sept. 7, 2016, at which time she faces a minimum of 15 and up to 30 years in federal prison.
McGee pleaded guilty in November 2015 and was later sentenced to 27 years in federal prison. Upon his release, McGee will serve five years of supervised release during which he will have to comply with numerous requirements designed to restrict access to children and the Internet. He was also ordered to pay $2,537.60 in restitution and must register as a sex offender.
McGee and Proschko were arrested on the federal charges in July 2015 and have been in custody since that time where both will remain pending further criminal proceedings.
The charges are the result of the investigative efforts of Homeland Security Investigations, Texas Attorney General’s Office - Internet Crimes Against Children (ICAC), Houston-Metro ICAC Task Force and VPD.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Hazle Township Solicitor Charged with Theft of $105,000 Escrow FundRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the former Solicitor for Hazle Township, Luzerne County, has been charged with the theft of $105,586.80 from the Township, a local government agency which receives federal funds.
According to United States Attorney Peter Smith, Charles Pedri, age 64, of Hazleton, is charged with theft from a program receiving federal funds in a Criminal Information filed today in United States District Court in Scranton. Pedri was the Solicitor for Hazle Township at the time of the alleged theft.
The government also filed a plea agreement with the defendant which is subject to the approval of the court.
As set forth in the Criminal Information, Hazle Township required a company which was developing a project in the Humboldt Industrial Park in the township to complete certain specific improvements to the property, pursuant to land development ordinances. As security for the completion of the improvements, the company and Hazle Township entered into an escrow agreement.
Pedri, in his capacity as Township Solicitor, signed the agreement as escrow agent. The company then paid to Hazle Township the sum of $105,586.80 to be held in escrow as security for the completion of the improvements. Pedri, as escrow agent, deposited the funds into his law office account. Thereafter, Pedri allegedly began withdrawing the funds held in trust and converted the money to his personal use. The investigation revealed that, between December 2012 and November 2013, Pedri allegedly wrote checks payable to himself, drawn on the Township funds. By November 2013, the funds were gone.
Upon completion of the improvements in May 2014, the company requested that Hazle Township return the escrowed funds. Over a period of approximately eight months, Pedri allegedly made misrepresentations to representatives of the company regarding the status of the funds and failed to make payment. In January 2015, after the company informed Pedri it intended to file a law suit, Pedri allegedly admitted that he had converted the funds to his own use.
Pedri was subsequently terminated from the position of Township Solicitor, restitution was paid and Pedri agreed to a voluntary suspension of his license to practice law for a period of at least five years.
The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
No date has yet been scheduled for the entry of Pedri’s guilty plea.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty which can be imposed under federal law is ten years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Executive Director of Jersey City Child Development Centers Admits Stealing More Than $250,000Read the Press Release
NEWARK, N.J. - A Jersey City, New Jersey, man today admitted stealing more than $250,000 from the Jersey City Child Development Centers Inc. (“JCCDC”), an organization that provided early childhood development services and education to under-privileged children, U.S. Attorney Paul J. Fishman announced.
Robert E. Mays, 38, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an information charging him with one count of wire fraud.
According to documents filed in this case and statements made in court:
Mays was the executive director of JCCDC from Sept. 2013 to May 2014. Mays admitted that he stole more than $250,000 from JCCDC by unilaterally increasing his annual salary from $96,500 to $155,000 after being employed by JCCDC for only two months. He also admitted that he created false board of director’s minutes to give the impression JCCDC authorized the salary increase.
In addition, Mays admitted he withdrew funds from a JCCDC bank account to pay for unauthorized personal expenses, including a 2007 Maserati Quattroporte and a fur coat worth thousands of dollars.
The wire fraud count to which Mays pleaded guilty carries a maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross gain or loss resulting from the scheme, as well as mandatory restitution in the full amount of the loss to JCCDC. Sentencing is scheduled for Sept. 20, 2016.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, and special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s plea. He also thanked the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys José R. Almonte and Mala Ahuja Harker of the U.S. Attorney’s Office’s Special Prosecutions Division and Sarah Devlin of the Office’s Asset Forfeiture and Money Laundering Unit.
Defense counsel: Alexander W. Booth Jr., Union City, New Jersey
Felon Charged with Illegally Possessing a Gun and AmmoRead the Press Release
PITTSBURGH – A resident of Pittsburgh has been indicted by a federal grand jury on a charge of a federal firearm violation, United States Attorney David J. Hickton announced today.
The one-count indictment named David Hammond, age 35, as the sole defendant.
According to the indictment, on April 25, 2016, David Hammond, a convicted felon, was in possession of a firearm and ammunition. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Barbara K. Doolittle is prosecuting this case on behalf of the government. This case is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pittsburgh Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Judge Hands Down Lengthy Prison Terms to Three Men Involved in A Crack Cocaine ConspiracyRead the Press Release
STATESVILLE, N.C. – U.S. District Judge Richard L. Voorhees handed down yesterday lengthy prison terms to three individuals involved in a crack cocaine conspiracy, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. John Fitzgerald “Pumpy” Michaux, 31, of Hickory, N.C., and Terron Juandre “Wordle” Michaux, 29, of Lenoir, N.C. were each sentenced to 168 months in prison followed by five years of supervised release. Jeremy “Tank” Dula, 28, of Lenoir, was sentenced to 80 months in prison and four years of supervised release for his role in the conspiracy.
According to court records and yesterday’s sentencing proceedings, beginning in 2013 and through September 2015 in Caldwell County and elsewhere, the three defendants engaged in a drug trafficking conspiracy involving more than five kilograms of crack cocaine. Court records show that over the course of the investigation, law enforcement seized approximately 400 grams of crack cocaine, three firearms, and approximately $50,000. Each defendant pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute crack cocaine.
In making today’s announcement, U.S. Attorney Rose thanked the FBI, Homeland Security Investigations, the North Carolina State Bureau of Investigation, the Lenoir Police Department, the Caldwell County Sheriff’s Office, the Hickory Police Department, the Mooresville Police Department, the Lincoln County Sheriff’s Office, the Alexander County Sheriff’s Office and the Iredell County Sheriff’s Office for investigating the case.
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In a separate case, Judge Voorhees sentenced yesterday Christopher Rios Rodriguez, 27, of Newton, N.C. to 136 months in prison and three years of supervised release on charges of possession with intent to distribute methamphetamine. According to court records and court proceedings, on August 17, 2015, law enforcement conducted a traffic stop of Rodriguez’s vehicle and recovered 8,900 grams (approximately 10,000 dosage units) of 97% pure methamphetamine. Subsequent investigation revealed that Rodriguez was a source of supply for multiple kilograms of both methamphetamine and cocaine. Rodriguez pleaded guilty to one count of possession with intent to distribute methamphetamine on March 1, 2016.
This case was investigated by Homeland Security Investigations, the North Carolina State Bureau of Investigation, the North Carolina State Highway Patrol, the Hickory Police Department and the Burke County Drug Task Force.
Assistant United States Attorney Steven Kaufman of the U.S. Attorney’s Office in Charlotte prosecuted the cases.
Farmington Man Arraigned on Federal Narcotics Trafficking ChargesRead the Press Release
ALBUQUERQUE – Robert Organ, Sr., 47, of Farmington, N.M., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with heroin and methamphetamine trafficking offenses. During this morning’s proceedings, Organ entered a not guilty plea to the indictment. He remains in custody pending trial.
The charges against Organ were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Commander Kyle Dowdy of the HIDTA Region II Narcotics Task Force.
Organ was arrested on May 2, 2016, on a criminal complaint charging him with possession of heroin and methamphetamine with intent to distribute. Court records reflect that on March 23, 2016, agents of the HIDTA Region II Narcotics Task Force executed a state arrest warrant on Organ for narcotics violations. During a search o incident to arrest, agents allegedly found that Organ was in possession of $1,896, 1.7 grams of methamphetamine, 0.9 grams of heroin and drug paraphernalia. Agents also allegedly found 64 grams of heroin in three different packages, 20 grams of methamphetamine, 13 grams of marijuana, 14 Buprenorphine hydrochloride pills, 5 Alprazolam pills, two cellular phones and drug paraphernalia inside Organ’s vehicle.
Organ was subsequently charged in a two-count indictment with possession of heroin and methamphetamine with intent to distribute on March 23, 2016, in San Juan County, N.M.
If convicted, Organ faces a statutory maximum penalty of 20 years in federal prison. Charges in complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated the Albuquerque office of the DEA and the HIDTA Region II Narcotics Task Force. The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorney Paul H. Spiers is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including San Jan County, N.M., under this initiative.
The case is also being prosecuted under the HOPE Initiative, which was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
FBI Investigation Leads to Indictment of Braddock Man on Drug ChargeRead the Press Release
PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Jordan Brown, 25, of Braddock, Pa., as the sole defendant.
According to the indictment, on March 3, 2016, Jordan Brown possessed with intent to distribute and distributed a quantity of heroin.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Barbara K. Doolittle is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Ellsworth Man Pleads Guilty to Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
Contact: Jody Mullis, Andrew McCormack
Assistant United States Attorneys
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Jeffrey Barnard, 52, of Ellsworth, Maine, pleaded guilty today in U.S. District Court to being a felon in possession of a firearm and ammunition.
According to court records, on May 31, 2014, Barnard barricaded himself in his home and commenced a stand-off that lasted more than fourteen hours. During the stand-off, Barnard fired a .22-caliber semi-automatic rifle. Barnard had previously been convicted of state felony offenses in California and Maine, including a conviction in U.S. District Court for the District of Maine for being a felon in possession of a firearm.
Barnard faces up to 10 years in prison, a $250,000 fine, and up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Maine State Police; the Bangor and Ellsworth Police Departments; the Maine Attorney General’s Office; and the Maine State Police Crime Lab.
El Salvadoran Indicted on Immigration ChargeRead the Press Release
PITTSBURGH - A resident of El Salvador, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.
The one-count indictment named Jorge Hernandez-Flores, 29, as the sole defendant.
According to the indictment, Hernandez-Flores, having previously been deported from the United States pursuant to law on Nov. 11, 2009, was present in the Western District of Pennsylvania on May 11, 2016, without having applied for and received permission from the Attorney General of the United States, or her successor, the Secretary of the Department of Homeland Security, for re-application for admission into the United States.
The law provides for a maximum total sentence of not more than two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Charles A. Eberle is prosecuting this case on behalf of the government.
U.S. Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Dallas Man Sentenced to 33 Months in Federal Prison on Conviction Stemming from Drug Activity at Northwest Dallas ClubRead the Press Release
DALLAS — A Dallas man, Hunter Lee Foster, 25, was sentenced on Monday by U.S. District Judge Sam A. Lindsay to 33 months in federal prison following his guilty plea in September 2015 to a felony drug offense stemming from his role in illegal drug activity at a northwest Dallas club, announced U.S. Attorney John Parker of the Northern District of Texas.
Foster pleaded guilty in September 2015 to one count of conspiracy to distribute a controlled substance, specifically, 3,4-methylenedioxy-N-ethylcathinone (ethylone) – a drug also known as “Molly.” Foster is the last of several defendants, who were arrested in December 2014 at various locations, including at and near a club known as Eternal Eden Afterhours at the Jaguars Club on Reeder Road in Dallas, to be sentenced.
Foster admitted selling “Molly” to undercover officers on several occasions from September to November 2014. Others charged and convicted in that first round have pleaded guilty to various charges and most have received federal prison sentences ranging from probation to 120 months.
In October 2015, another group of defendants was arrested on charges related to drug activity at Dallas clubs. Most of those defendants, who were arrested at various locations in North Texas, including at and near the Lizard Lounge on Swiss Avenue and Unlis3d Afterhours on Sovereign Row, in Dallas, have pleaded guilty and are awaiting sentencing.
The Dallas Police Department Narcotics and Homicide Unit, with assistance from the Drug Enforcement Administration, the Allen, Denton and Garland Police Departments, and the Dallas County Sheriff’s Office are investigating the case.
Assistant U.S. Attorney Phelesa Guy is in charge of the prosecution.
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Columbus Man Sentenced to more than 16 Years for Central Ohio Armed RobberiesRead the Press Release
COLUMBUS, Ohio – Thomas E. Shaffer, 63, of Columbus, was sentenced in U.S. District Court to 200 months in prison and five years of supervised release for robbery and armed robbery at six locations in Central Ohio.
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio, Brad Earman, Acting Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, Columbus Police Chief Kim Jacobs, Delaware County Sheriff Russell L. Martin, Gahanna Police Chief Dennis Murphy and Acting Worthington Police Chief Jerry L. Strait, Jr. announced the sentence handed down today by U.S. District Judge Michael H. Watson.
According to court documents, Shaffer used a firearm during robberies at five restaurant/bars and one grocery store in Central Ohio. On March 15, 2014, he robbed The Pub on West Johnstown Road in Gahanna, Ohio. On May 3, 2014, he committed armed robbery at Halftime Tavern on Bethel Road in Columbus. Likewise, he took cash during a robbery on August 16, 2014 at Brew-Stirs on 23, located on Dillmont Drive in Columbus. The following month, he robbed the Lazy Chameleon on Presidential Parkway in Powell. On November 23, 2014, he committed armed robbery at Villa Nova on North High Street in Worthington. Finally, on December 7, 2014, Shaffer stole money from Aldi on Orange Center Drive in Lewis Center.
The defendant was indicted by a grand jury on April 16, 2015.
Shaffer pleaded guilty on October 30, 2015 to six counts of interference with interstate commerce by violence and one count of brandishing a firearm during a crime of violence. He also agreed to forfeit his Smith and Wesson pistol.
Acting U.S. Attorney Glassman commended the cooperative investigation by law enforcement, as well as Assistant United States Attorneys David DeVillers and Brian J. Martinez, who are representing the United States in this case.
Career Offender Bank Robber Sentenced to 192 Months in Federal PrisonRead the Press Release
DALLAS — A Dallas man, Gregory Wayne Davidson, 53, was sentenced this afternoon by U.S. District Judge Sam A Lindsay to serve a total of 192 months in federal prison, following his guilty plea in October 2015 to two counts of bank robbery, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, Davidson robbed the Capital One Bank located at 2015 Northwest Highway in Garland, Texas, on June 8, 2015. Davidson also robbed the Veritex Community Bank, located at 2101 Abrams Road in Dallas, on June 30, 2015. He was arrested in July 2015.
In each robbery, upon entering the bank, Davidson wrote a demand note on a deposit slip that he presented to a teller. The tellers, scared and in fear for their lives, complied with the demand and provided Davidson with cash. Davidson left each bank after he obtained the cash.
Davidson was also convicted in 2002 in the Northern District of Texas on one count of bank robbery and was sentenced in June 2002 to serve 180 months in federal prison. At the time of these June 2015 bank robberies, Davidson was on supervised release on that conviction. Today, Judge Lindsay sentenced Davidson to 168 months on the bank robbery conviction and 24 months for violating his supervised release, to be served consecutively.
The Garland Police Department and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorney Keith Robinson was in charge of the prosecution.
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California Man Sentenced to 12 Years in Prison for Attempting to Join ISILRead the Press Release
Nicholas Michael Teausant, 22, of Acampo, California, was sentenced today by U.S. District Judge John A. Mendez of the Eastern District of California to 12 years in prison for attempting to provide material support to Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, announced Assistant Attorney General for National Security John P. Carlin and Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California.
According to court documents, on March 17, 2014, Teausant was arrested traveling to Canada, near the border, with the intent of continuing to travel to Syria to join ISIL. On March 26, 2014, Teausant was indicted on one count of attempting to provide material support or resources to a terrorist organization. He pleaded guilty to the single count in the indictment without a plea agreement. In addition to the prison term, Judge Mendez also sentenced Teausant to 25 years of supervised release.
“With this sentence, Nicholas Michael Teausant will be held accountable for attempting to travel overseas to join ISIL and to provide material support to the designated terrorist organization,” said Assistant Attorney General Carlin. “The National Security Division’s highest priority is countering terrorist threats, and we will continue to work to stem the flow of foreign fighters abroad and bring to justice those who attempt to provide material support to designated foreign terrorist organizations.”
“Mr. Teausant was fixated on violence as documented by his social media posts, his pre-arrest statements, and the nature of the group he attempted to join,” said Acting U.S. Attorney Talbert. “His conduct was misguided and unacceptable. We appreciate the court’s thoughtful consideration of this case and its recognition of the seriousness of the offense. With the assistance of our investigative partners, we will continue to vigorously prosecute those who seek to provide material support to terrorist organizations.”
This case was the result of an investigation by the FBI; the Modesto, California, Police Department; and the San Joaquin, California, Sheriff’s Office, who are members of the Modesto/Stockton Joint Terrorism Task Force, with significant assistance from U.S. Customs and Border Protection. The case is being prosecuted by Assistant U.S. Attorneys Jean M. Hobler and Jason Hitt of the Eastern District of California and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section.
Butler County Man Sentenced to Prison for Possessing Child PornographyRead the Press Release
PITTSBURGH - A former resident of Valencia, Pennsylvania, has been sentenced in federal court to 48 months imprisonment, followed by 15 years supervised release, on a charge of possession of material depicting the sexual exploitation of a minor, United States Hickton announced today.
Senior United States District Judge Terrence F. McVerry imposed the prison sentence on Earl F. Forsythe, 53, of Valencia, Pennsylvania. In addition, Judge McVerry ordered Forsythe to pay $2,500 in restitution to two minor victims.
According to information presented to the court, the court was advised that on Sept. 6, 2013, a search warrant was executed at Forsythe’s residence for the seizure of computers and electronic equipment, following an undercover investigation by the Pennsylvania State Police which revealed that Forsythe had been trading images of child pornography over an on-line chat network. The contents of Forsythe’s computers revealed his possession of hundreds of videos and photographs depicting the sexual exploitation of minors, some of whom were under the age of 12 years.
Assistant United States Attorneys Jessica Lieber Smolar and Carolyn J. Bloch prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Pennsylvania State Police for conducting the investigation leading to the successful prosecution of Forsythe.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Burke Co. Man Handed Down 21-Year Sentence for Producing Child PornographyRead the Press Release
ASHEVILLE, N.C. B Jesse Brison Ollis, aka “Jesse Lequire,” 27, of Valdese, N.C., has been handed down a 21-year prison sentence by a federal judge for producing child pornography, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidinger presided over today’s hearing, ordering the defendant to serve a lifetime of supervised release and to register as a sex offender upon completion of his prison term.
Nick Annan, Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Janie Sutton, Special Agent in Charge Alan K. Flora of SBI Computer Crimes Unit and Commander of the North Carolina Internet Crimes Against Children Task Force join U.S. Attorney Rose in making today’s announcement.
According to today’s sentencing hearing and filed court documents, on November 26, 2014, law enforcement received information from Australian authorities that an Australian 14 year old female (victim one) had been engaging in sexually explicit communications over the Internet with an individual later identified as Ollis. According to court documents, victim one informed law enforcement that she had met Ollis in 2011 online when she was 12 years old and she believed him to be 17 years old. A forensic examination of electronic devices seized from Ollis’ residence revealed that Ollis had been communicating with victim one online and had “blogged,” or posted, child pornography images on the Internet. Further forensic investigation revealed that Ollis had additional sexually explicit images and videos of a second minor female (victim two). Court records indicate that law enforcement identified victim two as a minor living in Western North Carolina who Ollis had befriended.
“Ollis is every parent’s worst nightmare coming to life,” said U.S. Attorney Rose. “He targeted impressionable young children and used the Internet in the worst possible way: to share sexually explicit images of victimized underage girls. While no two child pornography cases involving online communications are the same, each one is a stark reminder that the Internet can be used for good and evil. The safety of our children rests upon our vigilant efforts to ensure they are protected from online predators lurking and waiting for an opportunity to strike,” Rose added.
“This case serves as an example to anyone who is involved in the production of child pornography…regardless of where in the world the investigation may lead or how much time may have passed, HSI is committed to holding them accountable,” said Special Agent in Charge Annan. “The child victims of these illegal images often suffer physical and psychological scars for many years, and HSI is committed to aggressively targeting those who engage in child sexual exploitation.”
“Men like Ollis are the reason that the ICAC Task Force exists. The SBI values all of our law enforcement partners and this case signifies the great work that can be accomplished when agencies work together,” said Special Agent in Charge Flora.
In handing down today’s sentence, Judge Reidinger said that harm to victims in cases like these is one of the reasons we have such long sentences.
Ollis is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by HSI and SBI, which are members of the North Carolina Internet Crimes Against Children Task Force. The U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children.By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims.For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Bronx Woman Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Juana M. Diaz, of Bronx, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute a kilogram or more of heroin, was sentenced by U.S. District Judge Richard J. Arcara to three years in prison.
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Brendan T. Cullinane, who handled the case, stated that on February 6, 2013, the defendant delivered six kilograms of heroin from co-defendant Edison Lantiquato a confidential source working with the Drug Enforcement Administration (DEA). Diaz was given what she believed to be $376,000 in United States currency to return to Lantiqua in the Bronx. While en route to the Bronx, the New York State Police pulled over the defendant and the alleged proceeds were seized.
Edison Lantiqua was convicted and sentenced to 70 months in prison.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in James J. Hunt, New York Field Division.Black Diamond Dog Kennel Owner Indicted for Making False StatementsRead the Press Release
CEDAR RAPIDS, IA - Gerhard L. Felts, aka Gary Felts, age 61, from Kingsley, Iowa, has been charged with three counts of making false statements to the United States in connection with a civil judgment obtained against Felts for Animal Welfare Act violations. The charges are contained in an Indictment unsealed yesterday, in United States District Court in Cedar Rapids.
The Indictment alleges the United States obtained a civil judgment against Gary Felts dba Black Diamond Kennel on March 25, 2011, based upon the conditions of his dog kennel. The Indictment further alleges Felts repeatedly provided false financial information to the United States in connection with the United States’ efforts to collect the debt. In doing so, Felts failed to disclose a checking account opened in April 2011, a savings account opened in April 2013, and his receipt of workers compensation payments in the amount of $25,000 in April 2013.
“The United States takes very seriously its obligation to collect debts from those who violate the Animal Welfare Act. False statements in that process will not be tolerated,” stated United States Attorney Kevin W. Techau.
If convicted on all charges, Felts faces a sentence of up to fifteen years’ imprisonment; a fine of up to $750,000; $300 in special assessments, and three year of supervised release following any imprisonment.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Matthew J. Cole and was investigated by US Department of Agriculture. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 16-cr-49.
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Arizona Man Arraigned on Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Rodolfo Rene Ley, 24, of Tucson, Ariz., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with trafficking heroin in New Mexico.
Ley was arrested at the Amtrak Train Station in Albuquerque on May 13, 2016, after the DEA allegedly found approximately one kilogram of heroin in three clear plastic wrapped bundles under Ley’s clothing during an interdiction search.
Ley was subsequently indicted on May 25, 2016, and charged with possession of heroin with intent to distribute on May 13, 2016, in Bernalillo County, N.M.
If convicted of the charge in the indictment, Ley faces a statutory mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Eva Fontanez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Antiques Dealer Pleads Guilty to Smuggling Elephant IvoryRead the Press Release
United States Attorney Andrew M. Luger today announced the guilty plea of JAY ANTHONY ANDERSON, 66, for smuggling elephant ivory from the United States in violation of the Lacey Act. ANDERSON, who was charged on May 16, 2016, pleaded guilty to knowingly importing and exporting objects made from elephant ivory in violation of the laws and regulations of the United States, including the Lacey Act and the Endangered Species Act. A sentencing date has not yet been set.
According to the defendant’s guilty plea and documents filed in court, on June 10, 2011, ANDERSON, knowingly attempted to export an object made from elephant ivory, described as a “CARVED CHINESE IVORY FIGURE OF A [sic] ELDER FISHERMAN,” to a buyer located in Foshan City, China for approximately $1,356.00. ANDERSON attempted to export the elephant ivory through the United States Postal Service declaring the object as “RESIN CARVINGS” valued at $30.00, when in fact the defendant knew the object was made from elephant ivory and held a much higher monetary value. On June 23, 2011, U.S. Fish and Wildlife Service officials inspected and intercepted the package at an International Mail Facility in Chicago, Ill.
According to the defendant’s guilty plea and documents filed in court, from January 29, 2012 through December 31, 2012, ANDERSON knowingly violated the laws and regulations of the United States by buying and selling an object made from elephant ivory with a market value of more than $350.00. Specifically, on January 29, 2012, ANDERSON purchased an object made from elephant ivory described as “IVORY HANd [sic] CARVED CRUCIFIX circa 1920” from an auction house in Montreal, Canada for approximately $300.00. ANDERSON subsequently sold the elephant ivory object for approximately $700.00, describing it as an “18th/19th CENTURY IVORY & EBONY EUROPEAN CRUCIFIX.” At the time the elephant ivory object was purchased and imported, ANDERSON failed to submit a declaration to USFWS, as required by law.
The fair market value of the illegal elephant ivory products documented in this case was between $40,000 and $95,000.
"Thanks to the diligent interdiction work of our Chicago-based wildlife inspectors, our special agents can build quality cases like these and stop those who try to illegally profit from the tusks of elephants,” said Edward Grace, the Service’s Deputy Assistant Director for Law Enforcement. “We will continue to investigate these crimes until ultimately elephants are brought back from the brink of extinction,” continued Grace.
Under the Lacey Act, it is unlawful to import, export, transport, sell or purchase wildlife, fish or plants that were taken, possessed, transported or sold in violation of a state, federal or foreign law. When it was passed in 1900, the Lacey Act became the first federal law protecting wildlife.
This case is the result of an investigation by the U.S. Fish and Wildlife Service and is being prosecuted by Assistant U.S. Attorney Andrew S. Dunne.
Defendant Information:
JAY ANTHONY ANDERSON, 66
Wabasha, Minn.
Convicted:
- Smuggling, 1 count
- Violation of the Lacey Act, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Adrian Man Indicted for Drug Trafficking, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Adrian, Mo., man was indicted by a federal grand jury today no charges related to drug trafficking and illegally possessing firearms.
Jeffrey K. Fisher, 30, of Adrian, was charged in a four-count indictment returned by a federal grand jury in Kansas City, Mo.
Today’s indictment alleges that Fisher possessed 50 grams or more of methamphetamine to distribute on Aug. 1, 2015. He is also charged with possessing marijuana to distribute and with making his residence available for the purpose of unlawfully distributing and/or using methamphetamine.
The indictment also charges Fisher will being an unlawful user of a controlled substance while in possession of firearms. Fisher allegedly was in possession of nine rifles, a shotgun and two pistols on Aug. 1, 2015.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bates County, Mo., Sheriff’s Department.
6 June 2016
Winter Park Businessman Pleads Guilty to Federal Tax ChargeRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William Bruce O’Donoghue (61, Winter Park) today pleaded guilty to failure to pay over federal employee payroll taxes. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set. O’Donoghue was indicted on February 3, 2016.
According to court documents, O’Donoghue was the president and majority owner of Control Specialists, a traffic engineering company in Central Florida. As president and majority owner, O’Donoghue exercised control over the company’s business affairs, including approving all payments by the company and controlling all of the company’s bank accounts.
Throughout 2009 and 2010, O’Donoghue caused Control Specialists to withhold payroll taxes from its employees, but failed to pay over those withheld payroll taxes to the IRS. During that same time period, O’Donoghue caused Control Specialists to make thousands of dollars in expenditures for his personal benefit, including approximately $125,000 in cash payments to fund his campaign for Congress. The amount of payroll taxes withheld by Control Specialists and not paid over to the IRS during this period was $219,962.95.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.