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Thursday 17 March 2016
Shreveport resident sentenced for failing to update his sex offender registrationRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Shreveport resident was sentenced to 18 months in prison for failing to update his sex offender registration.
Kentrell Dionsal Debose, 27, of Shreveport, was sentenced by U.S. District Judge Elizabeth E. Foote on one count of failure to update his sex offender registration. He was also sentenced to five years of supervised release. According to the December 2, 2015 guilty plea, Debose was convicted of felony carnal knowledge of a juvenile in October of 2009 and registered as a sex offender in Caddo Parish that year. He moved to Texas in November of 2014. Debose was arrested on August 18, 2015 in Shreveport on a warrant from the Harrison County Texas Sheriff’s Office for violating terms of his sex offender registration. Harrison County Sheriff’s Office personnel found the address in Waskom, Texas, that Debose put on his sex offender registration to be vacant. Investigators also found Debose had been living in Shreveport from at least early July 2015 until his arrest in August 2015 without registering as a sex offender in the state of Louisiana.
The U.S. Marshal’s Service and Harrison County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Michael O’Mara is prosecuting the case.
Sentencings for March 14, 2016Read the Press Release
Andrew Paul Jack, 51, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 14, 2016, for attempted online solicitation of a minor. Jack was arrested in Cheyenne, Wyoming. He received 120 months imprisonment, to be followed by ten years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Jake Edwin Bradshaw, of Lyman, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 14, 2016, for being an unlawful user of a controlled substance in possession of a firearm. Bradshaw was arrested in Lyman, Wyoming. He received five months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sanford Man Indicted on Federal Charges as Part of ATF and Sanford Police Violent Crime Reduction InitiativeRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Karl William Calhoun (40, Sanford) with being a felon in possession of a firearm. If convicted, he faces a maximum penalty of 10 years in federal prison. Calhoun is the first person federally charged as part of a new local violent crime reduction initiative – “Operation Ceasefire.”
On February 19, 2016, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Sanford Police Department, and federal and state prosecutors initiated “Operation Cease Fire” in the City of Sanford to target firearm offenses and drug crimes. The goal of the initiative is to investigate and prosecute repeat offenders to reduce violent crime in the City of Sanford.
According to the indictment, on February 17, 2016, in Seminole County, Calhoun was found to be in possession of a Beretta .25 caliber pistol. Prior to the incident, he had been twice convicted for aggravated assault, a felony. As such, he was prohibited from possessing a firearm or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Sanford Police Chief Cecil Smith stated, “I would like to thank the U.S. Attorney’s Office, the Seminole County State Attorney’s Office, and ATF for their combined efforts in assisting the Sanford Police Department in combating the gun violence within our community. It is our first goal to educate the community on how to remain safe, and secondly to arrest those who choose to continue violating the law.”
This case was investigated by ATF and the Sanford Police Department’s Neighborhood Response Unit. It will be prosecuted by Assistant United States Attorney Tiffany L. Cummins.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in our communities.
Rochester Man Sentenced for Attempting to Recruit Fighters for IsilRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, NY – Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo Division announced today that Mufid Elfgeeh, 32, of Rochester, NY, who was convicted of attempting to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, was sentenced to 270 months in prison and 27 years supervised release by U.S. District Judge Elizabeth A. Wolford.
“Mufid Elfgeeh’s sentence holds him accountable for his attempt to provide material support to ISIL, including his efforts to recruit individuals and raise funds for the designated terrorist group,” said Assistant Attorney General Carlin. “ISIL’s horrific violence is waged against men, women and children, as well as against Muslims and non-Muslims alike. The National Security Division will continue to vigorously investigate and prosecute anyone who seeks to provide material support to the designated foreign terrorist organization.”
“Thanks to today's sentence, one of the first ISIL recruiters ever captured has been brought to justice and will now serve a very long jail sentence,” said U.S. Attorney Hochul. “But while this case strikes a significant blow against ISIL killers and wannabes, our ongoing efforts to eradicate terrorist groups will continue until all are brought to justice. As it did in this case, the public should continue to report to law enforcement any suspicious individuals or activities and thereby promote and protect the wonderful WNY area we call home.”
“While we are confident that keeping Mr. Elfgeeh in prison for the next two decades will keep us safer, there continues to exist a pervasive, persistent and ever-changing terrorism threat,” said FBI SAC Adam S. Cohen. “This threat remains among the highest priorities for the FBI and the intelligence community.”
According to court documents, from December 2013 through May 31, 2014, Elfgeeh actively recruited and attempted to send two individuals – both of whom were cooperating with the FBI at the time – to Syria to join and fight on behalf of ISIL.
Elfgeeh sent anti-American ISIL propaganda videos to one of the individuals and arranged for an English-speaking ISIL contact located in Iraq to communicate with that person over Facebook. In addition, Elfgeeh paid more than $240 for that individual to obtain a copy of his birth certificate, passport photographs and an expedited passport. Elfgeeh also purchased a laptop computer and a high-definition action camera for both individuals to take to Syria. The defendant further provided guidance to them about traveling so that they could avoid detection and be prepared for the vetting process involved in joining ISIL. In May 2014, Elfgeeh arranged for an overseas contact to coordinate the logistics of the trip and the admission of both individuals into ISIL-controlled territory in Syria.
According to court documents, Elfgeeh also sent $600 to a third individual in Aden, Yemen, in an effort to assist that individual in traveling from Yemen to Syria for the purpose of joining and fighting on behalf of ISIL.
In March 2014, Elfgeeh communicated with a Syrian national alleged to be the military commander of the Green Battalion of the United Rebels of Homs-Al-Murabitun, a group of fighters located in Homs, Syria. At the time, the battalion was blockaded in Homs and needed military support, including ammunition, mortar shells and explosives that could penetrate armored vehicles, to break out. Elfgeeh facilitated communication and coordination between the battalion commander and ISIL leadership for the purpose of the commander and his battalion pledging their allegiance to and joining ISIL.
In addition to all of the other criminal conduct, Elfgeeh used social media to receive and disseminate information about foreign terrorist groups and their activities in Syria and other countries; to declare his support for violent jihad, ISIL and other foreign terrorist groups; to inspire and encourage others to engage in violent jihad and/or pledge allegiance to ISIL and other foreign terrorist groups; and to seek financial contributions to assist jihadist fighters.The case was investigated by the FBI’s Rochester Joint Terrorism Task Force (JTTF). The case was prosecuted by Assistant U.S. Attorneys Brett A. Harvey and Frank H. Sherman of the Western District of New York with the assistance of Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.
Rhode Island Man Charged with Robbing Westbrook BankRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on March 3, 2016, a federal grand jury in New Haven returned an indictment charging ROBERT CHADRONET, 38, of Rumford, R.I., with one count of bank robbery.
The indictment alleges that on August 27, 2015, CHADRONET used force, violence and intimidation to rob $2,329 from a branch of Citizens Bank located at 1187 Boston Post Road in Westbrook.
CHADRONET appeared earlier today before U.S. Magistrate Judge Robert A. Richardson in Hartford and entered a plea of not guilty to the charge. He has been detained since September 10, 2015, when he was arrested on state charges related to a bank robbery that occurred in Milford on August 18, 2015.
If convicted of the charge, CHADRONET faces a maximum term of imprisonment of 20 years and a fine of up to.
CHADRONET is currently on federal supervised release for a prior bank robbery conviction.
The investigation is ongoing.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation, Connecticut State Police, Branford Police Department, Milford Police Department and Wareham (Mass.) Police Department. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Phoenix Man Convicted of Conspiracy to Support ISIL and Other Terrorism-Related OffensesRead the Press Release
PHOENIX – Abdul Malik Abdul Kareem, 44, of Phoenix, was found guilty today by a federal jury of one count each of the following five crimes: conspiracy to provide material support to the Islamic State of Iraq and the Levant (“ISIL”), a designated foreign terrorist organization; conspiracy to transport firearms and ammunition in interstate commerce with the intent to commit murder and aggravated assault; transporting firearms and ammunition in interstate commerce with the intent to commit murder and aggravated assault; making false statements to the FBI; and being a felon in possession of a firearm.
The verdict was announced by Acting U.S. Attorney Elizabeth Strange of the District of Arizona, Assistant Attorney General for National Security John P. Carlin, and Acting Special Agent in Charge Justin Tolomeo of the FBI’s Phoenix Division.
“Today’s guilty verdict, in one of the country’s first trials involving terrorist acts committed in the United States by ISIL supporters, demonstrates our office’s deep commitment to combatting terrorism,” said Acting U.S. Attorney Strange. “I want to thank the FBI for the tremendous effort that went into the underlying investigation, as well as the brave law enforcement officials in Garland whose quick action during the attack prevented a much larger tragedy.”
“In the first jury trial in the country involving a homeland attack committed in the name of ISIL, Abdul Kareem was convicted of conspiring to provide material support to the foreign terrorist organization and other federal offenses,” said Assistant Attorney General Carlin. “The defendant conspired with Elton Simpson and Nadir Soofi to provide material support to ISIL and to transport firearms in interstate commerce with the intent to commit murder and aggravated assault. Thanks to the response of brave law enforcement officers at the scene, no innocent lives were lost when Simpson and Soofi attacked the Curtis Culwell Center in Garland, Texas. The National Security Division will continue to prosecute to the fullest extent of the law those who conspire with others to support foreign terrorist organizations and to commit acts of violence.”
“This verdict sends a strong message to those who support terrorists,” said Acting Special Agent in Charge Tolomeo. “People who are plotting to harm America and Americans are no longer a world away. Our agents and analysts will continue to confront this threat with a strong and coordinated effort as we work to protect all Americans. The FBI would like to thank the U.S. Attorney’s Office as well as our federal, state and local law enforcement partners of the Joint Terrorism Task Force for their assistance in this case.”
The evidence at trial showed that, beginning around June 2014, Kareem and his two roommates, Simpson and Soofi, began conspiring to support ISIL. Their conspiracy focused on supporting ISIL by attacking targets in the United States. Over the course of the conspiracy, Kareem, Simpson and Soofi considered perpetrating an attack against military bases, individual military service members, shopping malls, the Glendale, Arizona, Super Bowl, and the so-called “Muhammad Art Exhibit and Contest,” which was to take place in Garland. On May 3, 2015, the morning of the contest, Simpson and Soofi drove from Arizona to Texas. Simpson and Soofi stopped their car near the contest’s location, got out of their car, and began firing assault rifles at security personnel and law enforcement officers. A security guard was injured by one of their bullets, and Simpson and Soofi were shot and killed by police officers in the firefight. Kareem did not travel to Texas and was not injured during the attack. During an interview with FBI agents soon after the attack, Kareem lied about having prior knowledge of the attack and the contest.
The case was tried over the span of several weeks before U.S. District Judge Susan R. Bolton of the District of Arizona. Kareem is being detained pending sentencing, which is currently scheduled for June 27, 2016, before Judge Bolton. Kareem’s counts of conviction carry a potential sentence of at least 45 years in prison.
The case was investigated by the FBI, and the prosecution was handled by Assistant U.S. Attorneys Joseph Koehler and Kristen Brook of the District of Arizona, with assistance provided by Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
CASE NUMBER: CR-15-707-PHX-SRB
RELEASE NUMBER: 2015-020_Kareem
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Phoenix Man Convicted of Conspiracy to Support ISIL and Other Terrorism-Related OffensesRead the Press Release
Abdul Malik Abdul Kareem, 44, of Phoenix, was found guilty today by a federal jury of one count each of the following five crimes: conspiracy to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization; conspiracy to transport firearms and ammunition in interstate commerce with the intent to commit murder and aggravated assault; transporting firearms and ammunition in interstate commerce with the intent to commit murder and aggravated assault; making false statements to the FBI; and being a felon in possession of a firearm.
The verdict was announced by Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Elizabeth Strange of the District of Arizona and Acting Special Agent in Charge Justin Tolomeo of the FBI’s Phoenix Division.
“In the first jury trial in the country involving a homeland attack committed in the name of ISIL, Abdul Kareem was convicted of conspiring to provide material support to the foreign terrorist organization and other federal offenses,” said Assistant Attorney General Carlin. “The defendant conspired with Elton Simpson and Nadir Soofi to provide material support to ISIL and to transport firearms in interstate commerce with the intent to commit murder and aggravated assault. Thanks to the response of brave law enforcement officers at the scene, no innocent lives were lost when Simpson and Soofi attacked the Curtis Culwell Center in Garland, Texas. The National Security Division will continue to prosecute to the fullest extent of the law those who conspire with others to support foreign terrorist organizations and to commit acts of violence.”
“Today’s guilty verdict, in one of the country’s first trials involving terrorist acts committed in the United States by ISIL supporters, demonstrates our office’s deep commitment to combatting terrorism,” said Acting U.S. Attorney Strange. “I want to thank the FBI for the massive effort that went into the underlying investigation, as well as the brave law enforcement officials in Garland whose quick action during the attack prevented a much larger tragedy.”
“This verdict sends a strong message to those who support terrorists,” said Acting Special Agent in Charge Tolomeo. “People who are plotting to harm America and Americans are no longer a world away. Our agents and analysts will continue to confront this threat with a strong and coordinated effort as we work to protect all Americans. The FBI would like to thank the U.S. Attorney’s Office as well as our federal, state and local law enforcement partners of the Joint Terrorism Task Force for their assistance in this case.”
The evidence at trial showed that, beginning around June 2014, Kareem and his two roommates, Simpson and Soofi, began conspiring to support ISIL. Their conspiracy focused on supporting ISIL by attacking targets in the United States. Over the course of the conspiracy, Kareem, Simpson and Soofi considered perpetrating an attack against military bases; individual military service members; shopping malls; the Glendale, Arizona, Super Bowl; and the so-called “Muhammad Art Exhibit and Contest,” which was to take place in Garland. On May 3, 2015, the morning of the contest, Simpson and Soofi drove from Arizona to Texas. Simpson and Soofi stopped their car near the contest’s location, got out of their car and began firing assault rifles at security personnel and law enforcement officers. A security guard was injured by one of their bullets, and Simpson and Soofi were shot and killed by police officers in the firefight. Kareem did not travel to Texas and was not injured during the attack. During an interview with FBI agents soon after the attack, Kareem lied about having prior knowledge of the attack and the contest.
The case was tried over the span of several weeks before U.S. District Judge Susan R. Bolton of the District of Arizona. Kareem is being detained pending sentencing, which is currently scheduled for June 27, 2016, before Judge Bolton. Kareem’s counts of conviction carry a potential sentence of at least 45 years in prison.
The case was investigated by the FBI, and the prosecution was handled by Assistant U.S. Attorneys Joseph Koehler and Kristen Brook of the District of Arizona, with assistance provided by Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Owner of Two Miami Clinics Sentenced to 82 Months for Health Care Fraud ChargesRead the Press Release
An owner of two fraudulent medical clinics in the Miami area was sentenced to 82 months in prison today for his role in a Medicare fraud scheme that caused more than $3 million in losses.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Division and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Miami Regional Office made the announcement.
Carlos Medina, 56, of Miami, pleaded guilty before U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida to one count of conspiracy to commit health care fraud in January 2016. In addition to his prison sentence, Judge Altonaga ordered Medina to forfeit $3,067,898.69.
According to admissions in the factual basis for his plea agreement, Medina was the owner of Doral Community Clinic Inc. and Advanced Medical of Doral Inc., however, other individuals served as the owners on the clinics’ corporate paperwork. Medina’s clinics purportedly provided medically necessary services to Medicare beneficiaries, but in reality the clinics charged cash kickbacks ranging from $100 to $200 in exchange for prescriptions for home health care services, and some of the beneficiaries who frequented the clinics did not meet Medicare’s criteria for the prescribed services, according to the factual basis. Some of the services prescribed by the medical professionals at Doral and Advanced Medical were never provided by the home health agencies to which the patients were referred, according to admissions in the factual basis.
The factual basis for the plea agreement states that Medina’s clinics sold prescriptions that were used to facilitate submission of false and fraudulent claims to Medicare by more than 20 home health agencies in the Miami area. Medicare paid more than $3 million in payments as a direct result of prescriptions sold by Doral and Advanced during a period of less than two years, according to the factual basis.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Southern District of Florida. Fraud Section Trial Attorneys Lisa H. Miller and Jon M. Juenger are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 2,300 defendants who collectively have billed the Medicare program for over $7 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Omron Automotive Electronics Co. Ltd. to Pay $4.55 Million for Bid Rigging on Power Window SwitchesRead the Press Release
Omron Automotive Electronics Co. Ltd has agreed to plead guilty and pay a $4.55 million criminal fine for conspiring to rig bids on power window switches installed in Honda Civics sold to U.S. consumers, the Department of Justice today announced.
“Omron and its co-conspirators targeted the Honda Civic, one of the best-selling cars in the United States, to benefit themselves at the expense of Honda Civic owners,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “Our investigation will continue to hold accountable companies and executives across the auto parts industry who chose to conspire rather than compete.”
According to the felony charge filed in the U.S. District Court for the Eastern District of Michigan, Omron, based in Komaki, Japan, and another manufacturer conspired from 2003 to 2013 to rig bids on power window switches sold to Honda Motor Co. Ltd. That conspiracy extended to sales to Honda’s U.S. subsidiaries and affiliates and the switches involved were installed in Honda Civics sold beginning in 2005 and continuing through 2013. The plea agreement is subject to court approval.
Including Omron, 39 companies and 58 executives have been charged in the division’s ongoing investigation and have agreed to pay a total of more than $2.6 billion in criminal fines. Omron is being prosecuted by the Antitrust Division’s San Francisco Office and the FBI’s Detroit Division, with assistance from the U.S. Attorney’s Office of the Eastern District of Michigan.
Anyone with information on market allocation, price fixing, bid rigging or other anticompetitive conduct related to products in the automotive industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI’s Detroit Field Office tip line at 313-965-2323.
Ohio Doctor Convicted of Traveling to Kentucky to Engage in Sex with MinorRead the Press Release
ASHLAND, Ky. — An Ohio doctor has been convicted by a federal jury of traveling to Morehead, Ky., to engage in sex with a minor.
On Wednesday, the jury convicted 28 year-old Albert Trinh of traveling across state lines, with the intent to engage in sex with a minor.
Testimony at trial established that, in September 2015, Trinh had online communications with an undercover Kentucky State Police detective that he thought was a 14 year-old girl. When Trinh arrived at the agreed-upon meeting location, in Morehead, he was arrested.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky; Howard Marshall, Special Agent in Charge, FBI; and John Tilley, Acting Commissioner, Kentucky State Police, jointly announced the conviction.
The investigation was conducted by FBI and the Kentucky State Police. Trinh is scheduled to be sentenced on June 30, 2016. He faces a maximum of 30 years in prison. Under federal law, Trinh will have to serve at least 85 percent of his prison sentence.
North Wilmington Men Plead Guilty to Selling Drugs from HomeRead the Press Release
WILMINGTON, Del. – Paul Adams, age 38, of Wilmington, Del., pleaded guilty today to conspiring to distribute cocaine out of his home in North Wilmington, announced Charles M. Oberly, III, United States Attorney for the District of Delaware. Adam’s co-conspirator Kevin Carter, age 31, of Claymont, Del., pleaded guilty to the same charge on January 14, 2016.
According to the indictment and other court records filed in support of the guilty pleas, between September 2014 and September 2015, Adams and Carter worked together to distribute large amounts of cocaine out of Adams’ home in North Wilmington. During that time, Adams traveled to Philadelphia to obtain cocaine, some of which Adams stored at Carter’s home in Claymont. Adams also sold a variety of controlled substances out of his home, to include cocaine, MDMA (a synthetic psychoactive drug commonly known as “ecstasy”), heroin, and marijuana.
Both Adams and Carter were arrested on September 1, 2015, at which time search warrants were executed on their homes. Agents seized three loaded semi-automatic handguns, one semi-automatic rifle, over one kilogram of cocaine, nearly 150 grams of MDMA, 7.3 grams of heroin, marijuana, a hydraulic cocaine press, and $13,571 in cash.
Both men remain in custody pending their sentencing hearings. Carter’s sentencing hearing is scheduled for April 14, 2016, and Adams’ sentencing hearing is scheduled for June 28, 2016. They each face a maximum penalty of 40 years imprisonment, with a mandatory minimum of five years.
This case is the product of an investigation conducted by the DEA HIDTA Group 41, which is part of the New Castle County HIDTA, a collaborative effort established in January 2015 among federal, state, and local law enforcement agencies. The DEA HIDTA Group 41 includes members from the following agencies: DEA, Delaware State Police, New Castle County Police Department, Newark Police Department, Department of Homeland Security – Homeland Security Investigations, Delaware Department of Corrections – Probation and Parole, and the Delaware Attorney General’s Office. Assistant United States Attorney Elizabeth L. Van Pelt is prosecuting the case on behalf of the United States.
New York Man Sentenced to over 22 Years in Prison for Attempting to Recruit Fighters for ISILRead the Press Release
Mufid Elfgeeh, 32, of Rochester, New York, was sentenced to 270 months in prison by U.S. District Judge Elizabeth A. Wolford of the Western District of New York for attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
The sentencing was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney William J. Hochul Jr. of the Western District of New York and Special Agent in Charge Adam S. Cohen of the FBI’s Buffalo Division.
“Mufid Elfgeeh’s sentence holds him accountable for his attempt to provide material support to ISIL, including his efforts to recruit individuals and raise funds for the designated terrorist group,” said Assistant Attorney General Carlin. “ISIL’s horrific violence is waged against men, women and children, as well as against Muslims and non-Muslims alike. The National Security Division will continue to vigorously investigate and prosecute anyone who seeks to provide material support to the designated foreign terrorist organization.”
“Thanks to today’s sentence, one of the first ISIL recruiters ever captured has been brought to justice and will now serve a very long jail sentence,” said U.S. Attorney Hochul. “But while this case strikes a significant blow against ISIL killers and wannabes, our ongoing efforts to eradicate terrorist groups will continue until all are brought to justice. As it did in this case, the public should continue to report to law enforcement any suspicious individuals or activities and thereby promote and protect the wonderful WNY area we call home.”
“While we are confident that keeping Mr. Elfgeeh in prison for the next two decades will keep us safer, there continues to exist a pervasive, persistent and ever-changing terrorism threat,” said Special Agent in Charge Cohen. “This threat remains among the highest priorities for the FBI and the intelligence community.”
According to court documents, from December 2013 through May 31, 2014, Elfgeeh actively recruited and attempted to send two individuals – both of whom were cooperating with the FBI at the time – to Syria to join and fight on behalf of ISIL.
Elfgeeh sent anti-American ISIL propaganda videos to one of the individuals and arranged for an English-speaking ISIL contact located in Iraq to communicate with that person over Facebook. In addition, Elfgeeh paid more than $240 for that individual to obtain a copy of his birth certificate, passport photographs and an expedited passport. Elfgeeh also purchased a laptop computer and a high-definition action camera for both individuals to take to Syria. The defendant further provided guidance to them about traveling so that they could avoid detection and be prepared for the vetting process involved in joining ISIL. In May 2014, Elfgeeh arranged for an overseas contact to coordinate the logistics of the trip and the admission of both individuals into ISIL-controlled territory in Syria.
According to court documents, Elfgeeh also sent $600 to a third individual in Aden, Yemen, in an effort to assist that individual in traveling from Yemen to Syria for the purpose of joining and fighting on behalf of ISIL.
In March 2014, Elfgeeh communicated with a Syrian national alleged to be the military commander of the Green Battalion of the United Rebels of Homs-Al-Murabitun, a group of fighters located in Homs, Syria. At the time, the battalion was blockaded in Homs and needed military support, including ammunition, mortar shells and explosives that could penetrate armored vehicles, to break out. Elfgeeh facilitated communication and coordination between the battalion commander and ISIL leadership for the purpose of the commander and his battalion pledging their allegiance to and joining ISIL.
In addition to all of the other criminal conduct, Elfgeeh used social media to receive and disseminate information about foreign terrorist groups and their activities in Syria and other countries; to declare his support for violent jihad, ISIL and other foreign terrorist groups; to inspire and encourage others to engage in violent jihad and/or pledge allegiance to ISIL and other foreign terrorist groups; and to seek financial contributions to assist jihadist fighters.
The case was investigated by the FBI’s Rochester Joint Terrorism Task Force (JTTF). The case was prosecuted by Assistant U.S. Attorneys Brett A. Harvey and Frank H. Sherman of the Western District of New York with the assistance of Trial Attorney Paul Casey of the National Security Division’s Counterterrorism Section.
Nevada Man Convicted of Perpetrating Nationwide Multi-Million Dollar Fraud SchemeRead the Press Release
Defendant Defrauded Investors in Nigerian Oil Scheme and Veterans Affairs and Failed to File a Federal Income Tax Return
A Las Vegas, Nevada, resident, who served in the U.S. Marines Corps, was convicted by a federal jury yesterday in the District of Nevada of multiple fraud charges after an eight-day trial, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
Anton Paul Drago, formerly known as Evan Fogarty, 65, was convicted on all 10 counts of the indictment. The jury found him guilty of one count of conspiracy to commit wire fraud, two counts of wire fraud, three counts of submitting false claims to the U.S. Department of Veterans Affairs, one count of theft of government funds, one count of passing a fictitious financial instrument, one count of making false statements to federal agents and one count of failing to file a federal income tax return.
“Today’s verdict sends a strong message to would-be fraudsters that the Tax Division is committed to not only pursuing defendants who seek to steal from the U.S. Treasury, but also those who take advantage of their fellow citizens through the use of schemes like the one perpetrated by Mr. Drago,” said Acting Assistant Attorney General Ciraolo. “Mr. Drago lied to investors and to a government agency and he now faces prison and substantial monetary penalties.”
The evidence presented at trial established that Drago orchestrated a large-scale Nigerian oil investment fraud scheme. From at least 2004 through 2012, Drago told investors that money they invested would be used for legal fees and business expenses to fund the production, refinement and shipment of crude oil from Nigeria to the Bahamas. Along with co-conspirator Joseph Rizzuti, formerly of Palm City, Florida, Drago also told investors that the money they invested would fund the purchase of an oil refinery in the Bahamas. Drago lied to investors about his background, falsely claiming that he was an engineer and an expert in the oil industry with over 30 years of experience working worldwide. He also falsely told some investors that he was the grandson of the Shell Oil founder and heir to a $500 million trust that he had already spent on the Nigerian oil investment deal. None of these claims were true.
The government also presented evidence to establish that Drago and Rizzuti contracted with investors, promising them a short-term turn around on their investment in just 60 days with a return of up to 400 percent. Unwitting investors gave the conspirators more than $2 million. Instead of investing in a Nigerian oil deal as promised, Drago and Rizzuti used most of the investors’ money for personal expenses. Specifically, Drago spent the money on rent, groceries, memberships at the Tournament Players Club Summerlin golf course and an exclusive activity club in Turnberry Towers, both in Las Vegas, maintenance on his Mercedes Benz, jewelry, travel and luxury purchases at stores such as Louis Vuitton, Nordstrom and Sharper Image. In addition, nearly $1 million of the investors’ money was transferred to unknown bank accounts in China. Despite Drago’s receipt of income from this fraudulent scheme, he failed to timely file his 2007 federal income tax return.
After the disgruntled investors’ money was spent, Drago continued to lie to them about other elaborate oil-related schemes that would make them whole. He attempted to negotiate a fictitious financial instrument purporting to be an International Bill of Exchange worth $10 million at a Wells Fargo Bank branch in Las Vegas. He also lied to federal agents of the Internal Revenue Service (IRS) who were investigating him when he told them that every penny of investor money went to Nigeria.
“The jury’s ability to see through the wall of lies Mr. Drago built to deceive investors sends a positive message to the victims of his scheme and to other victims of fraud around the country,” said Chief Richard Weber of IRS Criminal Investigation (IRS-CI). “By perpetrating this abusive tax scheme and defrauding the U.S. government and victims of this scheme, Mr. Drago set in motion a chain of events that ultimately led to his downfall. IRS-CI is proud to be part of the investigative team that brought Mr. Drago to justice.”
At the same time he was perpetrating the fraudulent Nigerian oil investment scheme, Drago also falsely claimed individual unemployability compensation benefits from the Veterans Affairs (VA). The evidence at trial established that for decades, Drago falsely claimed to have a debilitating military service-connected knee injury and was totally unable to work in any capacity, when in fact he was self-employed and running several businesses. The evidence showed that Drago was active and an avid golfer, spending more than $100,000 on golf-related expenses between 2005 and 2008. Based upon his false claims to the VA, he received thousands of dollars in monthly VA benefits.
U.S. District Court Judge James Mahan set Drago’s sentencing for June 14. Drago faces a statutory maximum sentence of up to 20 years in prison for the wire fraud conspiracy, 20 years in prison for each count of wire fraud, five years in prison for making or presenting false claims, 25 years in prison for passing a fictitious financial instrument, 10 years in prison for theft of government funds, five years in prison for making false statements to federal agents and one year in prison for failing to file a federal income tax return. He also faces mandatory restitution and financial penalties, including more than $2 million in fines as well as the costs of prosecution.
Rizzuti pleaded guilty to conspiracy to commit wire fraud for his role in the Nigerian oil investment fraud scheme and an unrelated charge of obstructing the internal revenue laws. He was sentenced in May 2013 to 80 months in prison. Rizzuti testified against Drago at trial.
Assistant Attorney General Ciraolo commended the special agents of IRS–Criminal Investigation and the Office of Inspector General at the Department of Veterans Affairs, who investigated the case and Trial Attorneys Charles M. Edgar Jr. and Sean Beaty of the Tax Division, who prosecuted the case. Assistant Attorney General Ciraolo also thanked litigation technical support specialist John L. Kost, who provided trial support, and the U.S. Attorney’s Office for the District of Nevada who provided invaluable assistance to the Tax Division.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Monroeville Man Sentenced to Nearly 16 Years in Prison on Drug and Gun ChargesRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court for discharging a firearm during and in relation to a drug trafficking crime, as well as for possessing with the intent to distribute heroin, and possessing firearms after having been convicted of a felony, United States Attorney David J. Hickton announced today.
United States District Judge Nora Barry Fischer imposed a sentence of imprisonment of 190 months, followed by five years of supervised release, on Dorian Cottrell, 22, of Monroeville, Pennsylvania.
According to information presented to the court, Dorian Cottrell was a heroin dealer who shot a .45 caliber pistol at one of his customers on Sept. 8, 2014. Cottrell’s bullet hit the customer’s friend, but by sheer luck, did not seriously injure him. Although Cottrell knew that he was under investigation for the shooting, he continued to sell heroin and carry firearms, and was stopped by the Monroeville police in December 2014 with approximately $20,000 in cash, a pistol with an obliterated serial number, and more than 200 stamp bags of heroin, while driving a BMW. Cottrell was then arrested in January 2015, at which time he possessed eight additional firearms, and more than 200 additional stamp bags of heroin.
Prior to imposing sentence, Judge Fischer told Cottrell that “the severity of this offense cannot be overstated,” and that Cottrell was fortunate that his victim had not been hurt or killed. Judge Fischer noted, however, that “heroin, in itself, is a killer” which imposes high costs on the community and the nation. Judge Fischer also pointed out that Cottrell benefitted from a good upbringing and had received lenience in court before, which made his crimes an affront to the law and to the community.
U.S. Attorney Hickton commended the Monroeville Police Department, as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives, for their work in the investigation of this case. This case was prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime. Assistant United States Attorney Conor Lamb prosecuted this case on behalf of the government.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on March 15, 2016, by U.S. District Judge Roberto A. Lange.
John DeNoyer, age 33, was sentenced to 15 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
DeNoyer was indicted for Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on July 14, 2015. He pled guilty on December 14, 2015.
On May 31, 2015, a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a report that DeNoyer was drunk and causing a disturbance in the community of North Antelope on the Rosebud Indian Reservation. As the officer exited his vehicle and attempted to talk to DeNoyer, DeNoyer backed away and began to shake a canister of pepper spray. The officer directed DeNoyer to drop the can, but he refused. The officer retrieved his own pepper spray and sprayed DeNoyer, who then sprayed the officer with the can he was holding. DeNoyer was subsequently arrested.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Tim M. Maher and Kirk W. Albertson prosecuted the case.
DeNoyer was immediately turned over to the custody of the U.S. Marshals Service.
Members of Portsmouth Cocaine Trafficking Organization Plead GuiltyRead the Press Release
NORFOLK, Va. – LaCharles Hodges, a/k/a “Boogie,” 28, and Charles Battle, a/k/a “C.J.,” 37, of Portsmouth, Virginia, pleaded guilty this week for their involvement in a Portsmouth-based crack cocaine trafficking operation. Norman Stephenson, 35, pleaded guilty February 3, 2016. All were members of the “Corna Sto Boys,” a group formed in the late 1990s by individuals who were distributing crack cocaine near the corner of Elm Avenue and Fayette Street in Portsmouth, Virginia. An affiliate of the group, Samuel Gray, a/k/a “Pig,” 35, also pleaded guilty today to conspiring to distribute crack cocaine.
According to court documents, the “Corna Sto Boys” most recently dealt crack cocaine around an intersection across the street from Brighton Elementary School in Portsmouth. The Portsmouth Police Department has identified over 30 individuals affiliated with the group, several of whom are currently being prosecuted by the Portsmouth Commonwealth Attorney’s Office. In August 2015, the Portsmouth Police Department conducted 17 controlled purchases of crack cocaine from members of the organization.
Hodges, who pleaded guilty today, was one of the group’s primary suppliers of cocaine. During a six-month period in 2014, he distributed approximately 30 kilograms of the drug. Hodges was a supplier for several drug trafficking organizations in Hampton Roads, including one led by twin brothers Jason and Jeremy Saunders, who were federally prosecuted last year.
Hodges and Gray face a mandatory minimum sentence of 10 years in prison and a maximum of life in prison. Battle and Stephenson face a mandatory minimum sentence of 20 years in prison and a maximum of life in prison. The statutory sentences are prescribed by Congress and are provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; Karl C. Colder, Special Agent in Charge of Drug Enforcement Administration (DEA) Washington Field Division; John S. Adams, Special Agent in Charge of the FBI’s Norfolk Field Office; and Tonya D. Chapman, Chief of the Portsmouth Police Department, made the announcement after Hodges’ plea was accepted by U.S. Magistrate Judge Lawrence Leonard. Assistant U.S. Attorneys Andrew C. Bosse and Joseph E. DePadilla, and Special Assistant U.S. Attorney John F. Butler, are prosecuting the cases.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 2:16-cr-16 (Stephenson); 2:16-cr-19(Gray); 2:16-cr-3 (Battle); and 2:16cr18 (Hodges).
Maryland Man Sentenced to Prison for Firebombing of Loudoun County Department of Community Corrections BuildingRead the Press Release
ALEXANDRIA, Va. –Jonathan Ernesto Godoy, 26, of Fredrick, Maryland, was sentenced today to 190 months in prison for his involvement in two firebombings of the Loudoun County Department of Community Corrections building.
Godoy pleaded guilty on Nov. 9, 2015, to arson affecting interstate commerce and using fire or an explosive device in the commission of a federal felony. According to court documents and court proceedings, in the fall of 2012, Godoy was on supervised probation in Loudoun County stemming from a possession of narcotics charges. In danger of violating his conditions of probation due to missed appointments, adulterated urine samples, and positive drug tests, Godoy, along with a co-conspirator, made two destructive devices using glass bottles, gasoline, and scraps of cotton t-shirt, commonly known as “Molotov cocktails,” and attempted to throw both devices into Godoy’s probation officer’s window. At least one of the devices exploded inside of the Loudoun County Department of Corrections building and caused severe fire damage. The fire, which occurred during the early morning hours of Nov. 14, 2012, caused such destruction that the occupants of the building had to move to an alternate location. The fire caused over $300,000 in property damage and relocation costs.
In July 2014, Godoy was served with four felony state warrants related to the fire at the probation office, and he was incarcerated at the Loudoun County Adult Detention Center. While there, in a series of telephone calls and letters, Godoy expressed his belief that if his friend and a Loudoun County Assistant Fire Marshal, who was involved in the investigation, were eliminated as witnesses, then the criminal case against him would collapse. Thereafter, Godoy solicited a fellow inmate to murder the two. Unbeknownst to Godoy, however, the fellow inmate was cooperating with law enforcement and kept them informed of Godoy’s plot.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Linda Hale, Chief Fire Marshal, Loudoun County Department of Fire, Rescue, and Emergency Management; and Michael F. Boxler, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorneys Michael E. Rich and William M. Sloan prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-260.
Martinsburg woman pleads guilty to mail fraud after stealing money from employerRead the Press Release
MARTINSBURG, WEST VIRGINIA – Debra Moses, 47, of Martinsburg, pled guilty today to mail fraud, United States Attorney William J. Ihlenfeld, II, announced.
Cassell and Prinz, PLLC, a law firm located in Charles Town, West Virginia, represents clients before the United States Social Security Administration. The Social Security Administration mails checks to the firm to compensate the firm’s lawyers for the attorney’s fees associated with successful social security claims handled by the firm. While employed as a legal assistant at Cassell and Prinz, Moses misappropriated in excess of $300,000 by repeatedly depositing these compensation checks, intended for the firm’s lawyers, into her own personal bank account.
Moses pled guilty today to one count of “Mail Fraud.” She faces up to 20 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 Paul Camilletti prosecuted the case on behalf of the government. The United States Secret Service and the United States Social Security Administration investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Marin Resident Charged with Fraudulently Misrepresenting Military ServiceRead the Press Release
SAN FRANCISCO – Federal charges were filed against Gregory Bruce Allen yesterday for fraudulently representing that he received the Purple Heart military medal, announced Acting United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge David J. Johnson. The charges include the allegation that Allen made the representation with the intent to obtain money, property, and other tangible benefits.
The allegations were made in an information filed in federal court yesterday. According to the information, beginning no later than October 19, 2013, Allen, 68, of Santa Rosa, fraudulently held himself out to be the recipient of a Purple Heart. Additional papers filed by the government explain that Allen allegedly served in the United States Navy for about eight months during 1968 and 1969 but was discharged due to a previously unreported knee injury. Allen nevertheless ran a business as a personal trainer and started a military recruit training program for youths interested in military service in part by representing to others that he was a decorated 1st Lieutenant in the United States Marine Corps who served in the Vietnam and Gulf Wars. Allen also allegedly held himself out as a Purple Heart recipient in connection with fundraising efforts that resulted in donations of approximately $23,000 into accounts that Allen controlled. Allen was charged with one count of fraudulent representations about receipt of military decorations or medals, in violation of 18 U.S.C. § 704(b). The offense is a Class A Misdemeanor.
No appearance in federal court has been scheduled yet. An information merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the maximum statutory penalty for a violation of 18 U.S.C. ? 704 is one year in prison and a $100,000 fine. Additional fines and supervised release also may be imposed. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. ? 3553.
Assistant U.S. Attorney Andrew F. Dawson is prosecuting the case. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Manhattan U.S. Attorney Announces Conviction of Local Doctor for Unlawfully Dispensing More Than 1.2 Million Oxycodone PillsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York announced today the conviction of MOSHE MIRILASVHILI, a board-certified, state-licensed doctor, for conspiracy to distribute oxycodone. During the period of the charged conspiracy, MIRILASHVILI wrote more than 13,000 medically unnecessary prescriptions for oxycodone, typically in return for cash payments. MIRILASHVILI was convicted after a three-week jury trial before Judge Colleen McMahon.
Manhattan U.S. Attorney Preet Bharara said: “In just a matter of two years, Dr. Moshe Mirilashvili flooded the streets of New York City with more than a million pills of highly addictive oxycodone, a drug involved in the overdose deaths of thousands of Americans each year. As the jury unanimously found today, Dr. Mirilashvili, blinded by greed, cast away his Hippocratic Oath and instead aligned himself with street-level drug dealers. Thanks to the collaborative efforts of the federal and local law enforcement partners, Dr. Mirilashvili is no longer in the business of fueling for profit the opioid addiction that plagues too many people in our communities.”
The following is based on the Indictment as well as evidence presented during trial:
Oxycodone is a highly addictive, prescription-strength narcotic used to treat severe and chronic pain conditions. Every year more than 13 million Americans abuse oxycodone, with the misuse of prescriptions painkillers such as oxycodone, leading to as many as 500,000 annual emergency room visits. Oxycodone prescriptions have enormous cash value to street level drug dealers, who can fill the prescriptions at most pharmacies and resell the pills at vastly inflated rates. Indeed, a single prescription for 90 30-milligram oxycodone pills has an average resale value in New York City of $2,700 or more.
From October 2012 until December 2014, MIRILASHVILI, a board-certified, state-licensed doctor, wrote thousands of medically unnecessary prescriptions for large quantities of oxycodone in exchange for cash payments. MIRILASHVILI did so out of a sham medical office located on West 162nd Street in Manhattan where MIRILASHVILI typically charged $200 in cash for “patient visits” that typically involved little, if any, actual examination and almost always resulted in the issuance of a prescription for a large quantity of oxycodone, typically 90 30-milligram tablets.
Virtually none of these “patients” had any medical need for oxycodone, nor any legitimate medical records documenting an ailment for which oxycodone would be prescribed. Instead, most of these individuals were members of “crews” – that is, they were recruited and paid by drug traffickers (the “Crew Chiefs”), to pose as “patients” in order to receive medically unnecessary prescriptions. The Crew Chiefs then obtained these prescriptions and arranged for them to be filled at various pharmacies so that the oxycodone pills thereby obtained could be resold on the streets of New York.
As established at trial, MIRILASHVILI worked directly with some of these Crew Chiefs who paid MIRILASHVILI’s cash fees in return for the oxycodone prescriptions MIRILASHVILI guaranteed for their “patients.” As part of the scheme, MIRILASHVILI frequently accepted and even created fraudulent and fake documents – such as MRI and urinalysis reports – ostensibly documenting the medical need for the oxycodone prescriptions MIRILASHVILI was writing. For example, among documents recovered from MIRILASHVILI’s home at the time of his arrest, were lab reports in which the name of the “patient” had been cut and pasted onto the document, as well as similar reports in which the name of the patient or other relevant information had been whited out. More than $1.75 million in cash earned from writing these medically unnecessary prescriptions was also recovered from the defendant’s home at the time of his arrest.
In total, between October 2012 and December 2014, MIRILASHVILI wrote more than 13,000 medically unnecessary prescriptions for oxycodone, comprising nearly 1.2 million oxycodone tablets with a street value of $36,000,000 or more. MIRILISHIVILI collected more than $2.4 million in fees for “doctor visits” during this time period.
Ten other participants in the conspiracy – including the drug traffickers who oversaw crews of “patients” sent into the clinics to obtain medically unnecessary oxycodone prescriptions and clinic staff, who profited by selling access to MIRILASHVILI and the fraudulent prescriptions he wrote – have previously pled guilty.
* * *
MIRILASHVILI, 67, of Great Neck, New York, was convicted of one count of conspiracy to distribute oxycodone, which carries a maximum sentence of 20 years in prison, and two counts of unlawful distribution of oxycodone, which carries a maximum sentence of 20 years in prison each. MIRILASHVILI will be sentenced July 20, 2016, at 2 p.m. before the Judge Colleen McMahon.
U.S. Attorney Preet Bharara thanked the Drug Enforcement Administration, the New York Police Department, the Westchester County Police Department, the Town of Orangetown Police Department, and the New York State Department of Finance for their work in the two-year investigation, which he noted is ongoing.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Edward B. Diskant and Brooke E. Cucinella are in charge of the prosecution.
Lower Brule Man Charged with Criminal ContemptRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man was charged with Criminal Contempt on February 24, 2016.
Vance TaSunke Witko, II, age 33, appeared before U.S. Magistrate Judge Mark A. Moreno on March 10, 2016, and pled not guilty to the charges.
The maximum penalty upon conviction is up to 6 months in custody and/or a $1,000 fine, and $10 to the Federal Crime Victims Fund.
It is alleged that on February 17, 2016, Vance TaSunke Witko, II, willfully and unlawfully disobeyed a command and subpoena requiring him to appear for a court proceeding.
The charge is merely an accusation and TaSunke Witko is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and Lower Brule Police Department. Assistant U.S. Attorney Kirk A. Albertson is prosecuting the case.
TaSunke Witko has been released on bond pending trial. A trial date has not been set.
Lowell Man Convicted of $440,000 Embezzlement SchemeRead the Press Release
BOSTON – A a representative of a Spanish seafood distributor pleaded guilty today in federal court to bank fraud charges in connection with the theft of more than $440,000.
Jorge Manuel Silva, 58, of Lowell pleaded guilty today to two counts of bank fraud before U.S. District Judge Nathaniel M. Gorton. Silva is scheduled to be sentenced on June 22nd.
At today’s plea hearing, Silva admitted that he was an independent contractor for Seaport Fish Co. (“Seaport”), a corporation established to distribute fish and seafood in the United States by Freiremar Group, headquartered in Spain. Silva was responsible for coordinating sales to Seaport customers, collecting customer payments, and depositing those payments into Seaport’s bank account. Instead, Silva diverted more than $903,000 in Seaport customer checks into two corporate accounts of a business owned by Silva. Sometimes, but not always, weeks or months after he had deposited the customer checks into his accounts, Silva reimbursed Seaport with checks drawn on his own bank accounts.
To conceal the theft, Silva prepared false deposit slips and emailed them with copies of the customer checks to headquarters in Spain, purportedly to show that the customer checks had been, or were to be, deposited into Seaport’s bank account. In fact, those customer checks had all been deposited into Silva’s own accounts. Silva then wrote checks on his two corporate accounts, using Seaport funds, to pay expenses for his other businesses and also for personal expenses. Silva diverted about $440,000 of Seaport funds for his own use.
The maximum sentence for each count of bank fraud is up to 30 years in prison followed by five years of supervised release and a fine of $1,000,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Shelly A. Binkowski, Inspector in Charge of Postal Inspection Service’s Boston Division made the announcement today. The case is being prosecuted by Sandra S. Bower of Ortiz’s Economic Crimes Unit.
Leon Sentenced to 10 Years in Prison on Perjury ConvictionRead the Press Release
ALBANY, NEW YORK – Edward A. Leon, 43, of St. Johnsville, New York, was sentenced today to be imprisoned for the statutory maximum of 10 years, based upon his trial conviction on two counts of making false declarations before a federal grand jury, announced United States Attorney Richard S. Hartunian and Delano A. Reid, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division. Senior U.S. District Judge Gary L. Sharpe also sentenced Leon to a 3-year term of post-imprisonment supervised release and to pay a special assessment of $200.
United States Attorney Richard S. Hartunian said: “The defendant’s perjury was the most serious imaginable – a purposeful, flagrant attempt to avoid scrutiny in an investigation into an arson murder – and deserved this maximum sentence. The defendant’s deception was deadly, as he left the occupants at 438 Hulett Street to die rather than risk scrutiny for his activities. We remain completely committed to securing justice for the victims and their families. We are grateful for the outstanding work and dedication of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Schenectady Police Department, and of the Schenectady Fire Department.”
ATF Special Agent in Charge Delano A. Reid said: “The deadly events of May 2, 2013 have rocked the residents of Schenectady as they resulted in the death of three innocent children and their father. Similarly, the assigned law enforcement community has also been stymied by the mistruths and inconsistencies perpetrated by Mr. Leon. While his lies have affected our momentum in identifying those involved in the arson, today we can take some solace knowing that the defendant will serve the maximum sentence he can receive for impeding the investigation. Rest assured, the quadruple homicide investigation will continue to be our utmost priority, as it is our legal and moral obligation to incarcerate those person(s) responsible for such a heinous act. It is our hope that today’s sentence, combined with the additional monies that have been offered by the Mohawk Valley Crimestoppers, can incite the interest this case so deserves. Sa’fyre Terry deserves nothing less.”
A three day trial culminated in Leon’s conviction on November 12, 2015. Leon was convicted as charged for two false declarations that Leon made in testimony before a grand jury conducting an investigation into the fire on May 2, 2013 at 438 Hulett Street in Schenectady, New York, which caused the deaths of David Terry and three young children, seriously injured another child, and destroyed the building and the personal property inside.
Leon falsely testified regarding his travel on May 2, 2013, claiming that he had driven straight from the Cumberland Farms in Palatine Bridge to work in Amsterdam, New York, when he had actually driven first to Schenectady, was driving on Hamilton Street near its intersection with Hulett Street, and was in the area of 438 Hulett Street at the time of the fire. Leon also falsely testified in denying that he had used a particular telephone to send text messages to David Terry, some of which were threatening, from April 25 to 29, 2013.
The evidence at trial showed that: Leon purchased and activated a phone on April 25, 2013, which he used to threaten David Terry anonymously, as “the undertaker,” with words like “you’re not going to make it to your wedding day,” “die, Dave, die,” and “you’re a dead man walking.” When those threats apparently did not deter Terry from continuing his relationship with Leon’s girlfriend, Leon went to confront Terry under cover of early morning darkness. Leon said he saw a small fire in the front porch right by the door, with flames maybe two feet high, and left – without alerting the people inside, calling the fire department, the police department, or 911, because he did not want anyone to suspect him. Leon did not tell anyone, and lied about his involvement to a St. Johnsville Police Officer on May 2, 2013; to a Schenectady Police Detective on June 19, 2013; to ATF agents on November 14, 2013; to the grand jury on November 22, 2013; and to agents again on January 2, 2014, before admitting that day that he had lied about the phone and his activities on May 2.
This case was investigated by the ATF, the Schenectady Police Department, and the Schenectady Fire Department. The case was prosecuted by First Assistant U. S. Attorney Grant C. Jaquith and Assistant United States Attorney Wayne A. Myers.Further questions or inquiries may be directed to First Assistant U.S. Attorney Jaquith at 518-431-0247.
The Bureau of Alcohol, Tobacco, Firearms and Explosives notes that there is a reward of up to a total of $40,000 for information leading to the arrest and conviction of the person(s) responsible for the arson that occurred on May 2, 2013 at 438 Hulett Street in Schenectady, resulting in personal injury and death. All information will be treated confidentially and the callers will remain anonymous if requested. Anyone having information should call the ATF Albany Field Office at 518-431-4182, or email [email protected].
Last methamphetamine distribution conspirator sentenced for conducting financial transactions related to drug dealsRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that an Alexandria woman was sentenced to 12 months and one day in prison for accepting drug proceeds wired in her name and concealing the true owner of the money, convicted drug dealer Marcus Kirk.
Artlisha Morris, 32, of Alexandria, is the last of eight defendants to be sentenced for a conspiracy to distribute kilograms of methamphetamine in central Louisiana. Morris was sentenced by U.S. District Judge Dee D. Drell on one count of money laundering. She was also sentenced to two years of supervised release and ordered to pay a $2,000 fine. According to the December 3, 2015 guilty plea, from April 2014 until November 2014, Morris and seven other defendants conspired to possess with the intent to distribute methamphetamine or aid in that conspiracy in the central Louisiana area. Morris’ role was to assist with money transfers and collect proceeds from the sale of methamphetamine.
The other seven defendants pleaded guilty to conspiracy to distribute and to possess with the intent to distribute methamphetamine. The leader of this group, Marcus Wayne Kirk, 35, of Lecompte, La., was sentenced on October 13, 2015 to 190 months while his brother, Jase Kirk Jr., 38, of Baton Rouge, was sentenced to 150 months in prison. Other defendants were sentenced as follows: Demetrius Jacobs, 36, of Glenmora, La., and Taney Ray Taylor Jr., 36, of Alexandria, both sentenced on June 19, 2015 to 108 months and 100 months in prison respectively; Jerome Blue, 35, of Pineville, La., and Gerald Dwayne Sanders, 30, of Longleaf, La., both sentenced on December 17, 2015 to 165 months and 120 months in prison respectively; and Patrick Green, 33, of Pineville, was sentenced on January 22, 2016 to 151 month in prison. The defendants were also sentenced to three years of supervised release except for Jerome Blue, Jase Kirk and Marcus Kirk, who were ordered to serve five years.
The FBI’s Central Louisiana Safe Streets Gang Task Force conducted the investigation. The U.S. Postal Inspection Service and FBI Baton Rouge Resident Agency assisted with the investigation. Assistant U.S. Attorney Allison D. Bushnell prosecuted the case.
Lafayette man pleads guilty to stealing nearly $1.5 million from disabled sisterRead the Press Release
LAFAYETTE – United States Attorney Stephanie A. Finley announced today that a Lafayette man pleaded guilty to stealing approximately $1.5 million from an insurance settlement his sister received while she was incapacitated.
Kevin Ralph Andrus, 37, of Lafayette, pleaded guilty before Magistrate Judge Patrick Hanna to one count of wire fraud. The plea will become final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, Andrus, after being appointed as the curator for his sister’s estate when an automobile accident left her incapacitated and unable to manager her own affairs, stole $1,495,078 of settlement funds his sister received from a lawsuit related to her automobile accident. After partially recovering from her injuries, Andrus’ sister discovered that settlement funds had been transferred to the defendant’s own personal and business accounts even though he made an oath to spend the money only on approved expenses for the benefit of his sister.
Andrus faces 20 years in prison, three years of supervised release, a $250,000 fine and restitution. A sentencing date was not set.
The U.S. Secret Service conducted the investigation. Assistant U.S. Attorneys Myers P. Namie and David C. Joseph are prosecuting the case.
Korean Man Who Used Identity of Brother he Murdered to Commit Gun and Immigration Crimes Sentenced to PrisonRead the Press Release
A former Bellevue resident who was deported from the United States following a conviction for a 1984 murder, was sentenced today in U.S. District Court in Seattle to five years in prison for violating immigration and gun laws, announced U.S. Attorney Annette L. Hayes. JUNNE KYOO KOH, 51, was arrested in August 2014, after his contact with Bellevue Police in June and July 2014 triggered an investigation into his identity. KOH used the identity of his deceased brother to return to the U.S. following deportation and to illegally purchase firearms. At the sentencing hearing Chief U.S. District Judge Ricardo S. Martinez said KOH “committed a very serious crime of violence in the past, that led to his deportation: the murder of his younger brother…. The offense is serious – deported for a very violent crime and voluntarily arming himself with not one but two firearms.”
According to records filed in the case, JUNNE KYOO KOH called Bellevue Police in June 2014, claiming that his name was Sang K. Koh and that he believed his family was missing. When police interviewed KOH at the family home he made accusations about neighbors being involved in kidnapping his parents and brother. KOH talked about shooting the neighbors if they were involved. Detectives removed one gun from the home and went with KOH to a storage locker to retrieve a second weapon. The parents were ultimately located safely residing in Southern California.
Further investigation revealed that KOH was convicted of the 1984 shooting death of his younger brother, Sang. KOH had been sentenced to prison and deported. However, KOH used his deceased brother’s identity to return to the United States and work for a number of years. He also used his brother’s identity to purchase firearms, as he knew he was prohibited from possessing firearms because of the murder conviction. KOH left the Bellevue area and was ultimately arrested August 6, 2014 in Los Angeles where he apparently was trying to locate his family. On November 20, 2015, following a trial before Judge Martinez, KOH was found guilty of being a felon in possession of a firearm, being an alien in possession of a firearm and illegal re-entry after deportation.
The case was investigated by the Bellevue Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). The case was prosecuted by Special Assistant United States Attorney Stephen Hobbs. Mr. Hobbs is a Senior Deputy King County Prosecutor specially designated to prosecute firearms cases in federal court.
KC Woman Sentenced for $433,000 Tax Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman was sentenced in federal court today for her role in a fraudulent tax return scheme that claimed $433,365 in fraudulent income tax refunds.
Lashan Brown, 41, of Kansas City, Mo., was sentenced by U.S. District Judge Beth Phillips to one year and one day in federal prison without parole. The court also ordered Brown to pay $120,172 in restitution.
On Oct. 19, 2015, Brown pleaded guilty before to her role in a conspiracy to defraud the government. Brown admitted that she and several co-defendants conspired to submit false claims for income tax refunds from January 2009 to February 2012.
The tax refund scheme involved the creation of false and fraudulent W-2 forms that reported fictitious employer information, fictitious income, and fictitious income tax withholdings. Conspirators solicited friends and acquaintances to file their tax returns using false W-2 information. These “taxpayers” had little to no legitimate income and would not otherwise have to file tax returns.
The tax refund scheme involved claims against the United States in the approximate amount of $433,365, and resulted in an actual loss of at least $329,000.
Brown was recruited to file fraudulent tax returns from her home computer in 2010 and 2011. Brown’s portion of the tax refund scheme involved 33 fraudulent refund filings during this time period. Regarding these 33 filings, a total of $204,849 in refunds were claimed, which resulted in $120,172 in actual tax loss (money paid to the defendants and filers based on their false claims).
Co-defendant Marquita R. Murray, 38, of Kansas City, pleaded guilty to her role in the conspiracy and to making false claims and awaits sentencing. Murray provided tax filers with the false W-2 forms, transported tax filers to legitimate tax preparers to electronically file the fraudulent tax returns and transported tax filers to banks and check cashing businesses to obtain cash from the tax returns. Murray also assisted co-conspirators in electronically filing others’ false returns from their home computers.
Co-defendant Mika Francis, 41, of Lee’s Summit, Mo., also pleaded guilty and awaits sentencing.
Co-defendant Demichael A. Johnson, 37, of Kansas City, Mo., was sentenced to two years in federal prison without parole, to be served consecutively to the seven-year sentence Johnson is currently serving in federal prison for drug trafficking. The court also ordered Johnson to pay $67,281 in restitution to the government.
This case is being prosecuted by Senior Litigation Counsel Gregg Coonrod. It was investigated by IRS-Criminal Investigation.
Justice Department and City of Ferguson, Missouri, Resolve Lawsuit with Agreement to Reform Ferguson Police Department and Municipal Court to Ensure Constitutional PolicingRead the Press Release
The Justice Department and the city of Ferguson, Missouri, today jointly filed an agreement resolving the United States’ pending lawsuit against Ferguson. The court-enforceable decree, filed in the U.S. District Court for the Eastern District of Missouri, aims to remedy the unconstitutional law enforcement conduct that the Justice Department found during its civil pattern-or-practice investigation into the Ferguson Police Department (FPD) and the Ferguson Municipal Court. The department’s findings were released in a public report issued March 4, 2015.
“The American people must be able to trust that their courts and law enforcement will uphold, protect, and defend their constitutional rights,” said Attorney General Loretta E. Lynch. “The filing of this agreement marks the beginning of a process that the citizens of Ferguson have long awaited – the process of ensuring that they receive the rights and protections guaranteed to every American under the law.”
Under the agreement, Ferguson will implement reforms to bring about constitutional and effective policing, promote officer and public safety, ensure fundamental fairness and equal treatment regardless of race in the municipal court and foster greater trust between police officers and the communities they serve. The areas covered by the agreement include:
- Community policing and engagement: creating a community engagement strategy that requires meaningful engagement between FPD officers and all segments of the Ferguson community.
- Bias-free police and court practices: requiring implicit bias-awareness training of all court staff and FPD personnel and ensuring that Ferguson does not discriminate on the basis of race and other characteristics.
- Stops, searches and arrests: ensuring that FPD’s stop, search, citation and arrest practices adhere to the Fourth Amendment and do not discriminate on the basis of race or any other protected characteristic; and prohibiting Ferguson from developing or implementing any law enforcement action in order to generate revenue.
- First Amendment: protecting all individuals’ First Amendment rights, including their right to record public police activity, lawfully complain about police activity free from retaliation and engage in lawful protest.
- Use of force: reorienting FPD’s use-of-force policies toward de-escalation and avoiding force except where necessary; re-training all officers; and thoroughly, objectively and timely investigating all uses of force.
- Officer supervision: requiring close and effective supervision of officers; requiring FPD officers and other personnel to wear and use body-worn and in-car cameras; and requiring supervisors to review camera footage as part of misconduct and force investigations.
- Accountability: requiring Ferguson and FPD to fully and fairly investigate all allegations of officer misconduct and take corrective and disciplinary action.
- Civilian oversight: establishing a Civilian Review Board to review, make findings and recommend disciplinary action for investigations of complaints involving excessive force, abuse of authority, the use of discriminatory slurs and other misconduct; review FPD policies and training plans; serve on officer hiring and promotion panels; and review crime, racial profiling and complaint data.
- Officer assistance and support: ensuring that officers are provided ready access to support services, including physical and mental health services, and requiring Ferguson to develop protocols to ensure that officers are provided relief support during public demonstrations and periods of civil unrest.
- Recruitment: requiring Ferguson to develop a recruitment plan that will assist FPD in attracting and retaining a highly-qualified officer workforce.
- Mental health crisis intervention: requiring that Ferguson and FPD implement and train officers in specialized responses to incidents involving individuals in mental health crisis.
- Data collection, reporting and transparency: requiring FPD to collect the data on its operations needed for it to continue to learn and improve upon its police and court practices;
- School Resource Officers (SROs): ensuring that Ferguson SROs have the skills to work lawfully, productively and fairly with youth; requiring SROs to divert students toward alternatives; and minimizing the use of force in schools.
- Municipal court reform: enacting reforms to ensure that municipal code enforcement is driven by public safety, not a desire to raise revenue; implementing an amnesty program for all open cases and associated warrants initiated prior to Jan. 1, 2014; eliminating unnecessary fees and altering the court’s fine and warrant practices to ensure due process; increasing transparency of court operations; eliminating the use of secured money bond; ensuring that no person will jailed for being poor; and ensuring the independence of the court from the city prosecutor and the impartiality of the municipal judge.
An independent monitor to be selected by the Justice Department and Ferguson will assess implementation of the consent decree, provide technical assistance to Ferguson and report on Ferguson’s implementation of reforms through periodic public reports. The consent decree requires two consecutive years of compliance by Ferguson before the agreement can be terminated.
“Ferguson residents and police officers deserve a law enforcement system that serves their entire community fairly, safely and effectively,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Department of Justice looks forward to working closely with the city as we implement this landmark agreement to ensure that real reform becomes a reality for all people in Ferguson.”
The Justice Department’s investigation uncovered a pattern or practice of unlawful conduct by the FPD and the Ferguson Municipal Court, including: violating the Fourth Amendment by conducting stops without reasonable suspicion and arrests without probable cause, as well as using excessive force; violating the First Amendment by interfering with the right to free expression and the right to record public police activity; and violating the 14th Amendment by engaging in racial discrimination, in both police and related court activity, as well as violating individuals’ due process and equal protection rights in court. The civil investigation was conducted by attorneys and staff from the Civil Rights Division’s Special Litigation Section.
Ferguson Consent Decree
Ferguson Joint Motion for Entry
Justice Department Files Antitrust Lawsuit to Stop L.A. Times Publisher from Acquiring Competing NewspapersRead the Press Release
Acquisition Would Monopolize Newspapers in Orange and Riverside Counties in California
The Department of Justice filed a civil antitrust lawsuit today seeking to block the acquisition by Tribune Publishing Company, publisher of the Los Angeles Times, of Freedom Communications Inc., publisher of the Register in Orange County, California, and the Press-Enterprise in Riverside County, California. Tribune was selected as purchaser of Freedom’s newspapers following a bankruptcy auction and will seek bankruptcy court approval of its acquisition on March 21. The department is seeking a temporary restraining order to prevent the sale to Tribune from proceeding.
According to the department’s complaint, filed in federal district court in Los Angeles, the Los Angeles Times and the Register together account for 98 percent of newspaper sales in Orange County and the Los Angeles Times and Freedom’s newspapers together account for 81 percent of English-language newspaper sales in Riverside County. Tribune’s acquisition of its most significant competitor would give it a monopoly over newspaper sales in each county and allow it to increase subscription prices, raise advertising rates and invest less to maintain the quality of its newspapers.
“If this acquisition is allowed to proceed, newspaper competition will be eliminated and readers and advertisers in Orange and Riverside Counties will suffer,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “Newspapers continue to play an important role in the dissemination of news and information to readers and remain an important vehicle for advertisers. The Antitrust Division is committed to ensuring that competition in this important industry is protected.”
Tribune Publishing Company is a Delaware corporation headquartered in Chicago. It publishes 11 major daily newspapers across California, Illinois, Florida, Maryland, Connecticut, Virginia and Pennsylvania.
Justice Department Files Antitrust Lawsuit to Stop L.A. Times Publisher from Acquiring Competing NewspapersRead the Press Release
WASHINGTON – The Department of Justice filed a civil antitrust lawsuit today seeking to block the acquisition by Tribune Publishing Company, publisher of the Los Angeles Times, of Freedom Communications Inc., publisher of the Register in Orange County, California, and the Press-Enterprise in Riverside County, California. Tribune was selected as purchaser of Freedom’s newspapers following a bankruptcy auction and will seek bankruptcy court approval of its acquisition on March 21. The department is seeking a temporary restraining order to prevent the sale to Tribune from proceeding.
According to the department’s complaint, filed in federal district court in Los Angeles, the Los Angeles Times and the Register together account for 98 percent of newspaper sales in Orange County and the Los Angeles Times and Freedom’s newspapers together account for 81 percent of English-language newspaper sales in Riverside County. Tribune’s acquisition of its most significant competitor would give it a monopoly over newspaper sales in each county and allow it to increase subscription prices, raise advertising rates and invest less to maintain the quality of its newspapers.
“If this acquisition is allowed to proceed, newspaper competition will be eliminated and readers and advertisers in Orange and Riverside Counties will suffer,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “Newspapers continue to play an important role in the dissemination of news and information to readers and remain an important vehicle for advertisers. The Antitrust Division is committed to ensuring that competition in this important industry is protected.”
Tribune Publishing Company is a Delaware corporation headquartered in Chicago. It publishes 11 major daily newspapers across California, Illinois, Florida, Maryland, Connecticut, Virginia and Pennsylvania.
Jury Convicts Man of Transporting AliensRead the Press Release
ALBANY, NEW YORK – A jury voted yesterday to convict Wanxiang Chen, age 28, of transporting aliens in the United States for the purpose of financial gain.
The announcement was made by United States Attorney Richard S. Hartunian and United States Border Patrol Acting Division Chief Bradley S. Curtis.
Chen, a Chinese national who was residing in Flushing, Queens, was found guilty of transporting two Chinese people who were in the country illegally. On August 11, 2015, he picked them up from the Akwesasne Mohawk Casino in Hogansburg, New York, and was driving them when Border Patrol stopped his car in Fort Covington. The evidence at trial demonstrated that Chen had made three prior smuggling trips, transporting aliens from the casino to New York City in exchange for cash payments.
Chen faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on July 14, 2016 by Senior United States District Judge Thomas J. McAvoy. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Jacksonville Man Found Guilty of Attempting to Assassinate A Federal District Judge and Multiple Federal Firearm OffensesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Aaron M. Richardson (27, Jacksonville) guilty of attempted murder of a United States District Judge, multiple federal firearm offenses, multiple false statements, failing to appear at scheduled court hearings, and impersonating a military officer. Richardson faces life in federal prison. His sentencing will be scheduled for a future date.
Richardson was indicted on September 25, 2013.
Judge Timothy Corrigan previously convicted and sentenced Richardson for attempting to make an incendiary device in a 2008 case. Following incarceration for that crime, Richardson began serving a term of supervised release. Subsequently, he was arrested for multiple new offenses and faced state prosecutions in Clay, Duval, and Volusia counties, as well as supervised release proceedings in federal court.
Richardson devised a plan, which he named “Mission Freedom,” that involved preparing a false order purportedly signed by Judge Corrigan, dismissing all of his pending charges, as well as other benefits. Richardson planned the murder so that Judge Corrigan could not refute the sham order. As part of the plan, he conducted Internet searches to locate Judge Corrigan and the potential murder weapon.
On June 21, 2013, Richardson stole a Savage Arms .30-06 rifle from a local Sports Authority store. The theft and Richardson’s prior casing of the store were captured on store video surveillance. On the night of June 22, 2013, Richardson went to Judge Corrigan’s residence, and at 12:30 a.m., he fired a single shot at the judge using the stolen rifle. The shot missed the judge by less than two inches and instead hit a window frame. Forensic evidence confirmed Richardson’s presence at the scene of the crime.
Richardson was apprehended on June 25, 2013, by a U.S. Marshals Fugitive Task Force. That night, he made multiple false statements about the crime to the FBI.
This case was investigated by the FBI, the U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jacksonville Sheriff’s Office, the Clay County Sheriff’s Office, the Daytona Beach Police Department, the Florida Department of Law Enforcement, and the State Attorneys’ Offices for the Fourth and Seventh Circuits. It is being prosecuted by Assistant United States Attorneys Mac D. Heavener, III and Mark B. Devereaux.
Insurance Salesman Who Embezzled His Client’s Inheritance Money Convicted of Wire FraudRead the Press Release
TRENTON, N.J. – An insurance salesman who was entrusted with managing his client’s inheritance was convicted by a federal jury today for fraudulently using the funds for his own benefit, U.S. Attorney Paul J. Fishman announced.
Patrick McCullagh, 67, of Georgetown, Kentucky, was convicted of an indictment charging him with one count of wire fraud. He was convicted following an eight-day trial before U.S. District Judge Mary L. Cooper in Trenton federal court. The jury deliberated for six hours before returning the guilty verdict.
According to documents filed in this case and the evidence at trial:
McCullagh was the principle of MidAtlantic Regional Services Inc., a purported insurance company located in Bordentown, New Jersey. In 2001, the victim entrusted McCullagh with money that the victim had inherited from his mother after her death. McCullagh falsely told the victim that he would use the funds to invest in a manner that would preserve the principle while paying the victim back in interest.
Instead, McCullagh pocketed some of the funds directly and forged withdrawal requests so he could loot money from the victim’s investment accounts. In order to deceive the victim, McCullagh also had the victim’s account statements diverted from the victim’s address. In addition, the “interest” payments that McCullagh paid the victim on a monthly basis were actually funds McCullagh had siphoned from the investment accounts’ principle balance. McCullagh even fraudulently told the victim that some of the investments were tied-up in legal disputes surrounding a Kentucky property and that he needed money for legal fees, which the victim later provided. Altogether, McCullagh defrauded the victim out of more than $100,000.
The wire fraud charge of which McCullagh was convicted carries a maximum potential penalty of 20 years in prison and a $250,000 fine or twice the gross gain or loss from the offense. Sentencing is set for July 6, 2016.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Andrew Campi in Newark, with the investigation leading to today’s verdict.
The government is represented by Assistant U.S. Attorneys Molly Lorber and Joseph Gribko of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: James Patton Esq., Livingston, New Jersey
Hurlburt Field Intelligence Squadron Member Charged with Committing Federal Child Pornography Crimes on BaseRead the Press Release
PENSACOLA, FLORIDA – Douglas J. Plate, 53, of Navarre, Florida, was arraigned today in the U.S. District Court in Pensacola after a federal grand jury returned an indictment charging him with receipt, possession, and access with intent to view child pornography. The indictment was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
The indictment alleges that, between August 2014 and December 2015, Plate knowingly received, possessed, and accessed child pornography at his home computer. It further alleges that, between June and December 2015, Plate possessed and accessed child pornography at his place of employment on Hurlburt Field. The trial is scheduled for May 9, 2016, at 8:30 a.m.
The case is being investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations and the Air Force Office of Special Investigations. The case is being prosecuted by Assistant United States Attorney David L. Goldberg.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Harrisburg Man Indicted for Using His Tax Preparation Service to File False Tax ReturnsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal grand jury in Harrisburg returned an indictment of Felix Ramon Diaz, on forty-five counts of aiding and assisting the preparation of false tax documents.
According to United States Attorney Peter Smith, Diaz, age 56, Harrisburg, was a tax preparer who owned Felix Tax Service. From 2010 through 2013, Diaz filed forty five tax returns with false and fraudulent income, deductions, and addresses in an effort to maximize income tax refunds. Diaz’s conduct resulted in approximately $100,000 in taxes due and owed the Internal Revenue Service.
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service. The prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
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.
The maximum penalty under federal law for each count is three 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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Grove City Man Sentenced for Stealing His Deceased Mother’s Social Security BenefitsRead the Press Release
PITTSBURGH -- A resident of Grove City, Pa., has been sentenced in federal court to a term of two years of probation and full restitution in the amount of $27,309.85 on his conviction of theft of government property, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Alexander Viskovatoff, 57.
According to information presented to the court, in and around January 2011, through in and around September, 2012, Viskovatoff converted to his own use funds of the Social Security Administration that had been intended to be benefits for his deceased mother.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Social Security Administration, Office of Inspector General for the investigation leading to the successful prosecution of Viskovatoff.
Franklin County Man Federally Charged with Production of Child Pornography Using an InfantRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Waynesboro man who was previously charged by Indictment filed on March 2, 2016 for the offenses of Sexual Exploitation of a Minor was charged with additional child pornography offenses yesterday.
According to United States Attorney Peter Smith, Evan Matthew Lawbaugh, age 32, is alleged to have sexually assaulted an infant boy and recorded and distributed the video depicting such assault. He was charged with this offense in an indictment dated March 2, 2016 (Count 1). The new charges add two additional counts of sexually assaulting a four year old girl and recording the assault (Counts 2 and 3). The new indictment also charges Lawbaugh with distributing images depicting the sexual abuse of a child (Count 4) and possession of images depicting the sexual abuse of minors (Count 5) for distributing the images in Count 1 and possessing thousands of images and hundreds of videos of suspected or previously identified child pornography.
This case was investigated by the United States Postal Inspection Service, the Pennsylvania State Police and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Daryl Bloom.
Indictments 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.
The maximum penalty under federal law for this offense is 50 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Count I carries a mandatory term of imprisonment of 25 years’ imprisonment. 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 Senior Analyst at the Federal Reserve Bank of Chicago Pleads Guilty to Stealing Sensitive Financial DataRead the Press Release
CHICAGO — A former senior analyst at the Federal Reserve Bank of Chicago admitted in federal court today that he stole confidential financial documents from the bank shortly before resigning his position and accepting a new job.
JEFFREY CHO, 35, of Chicago, pleaded guilty to one misdemeanor count of theft of property. The conviction carries a maximum sentence of one year in federal prison. U.S. Magistrate Judge Michael T. Mason scheduled a sentencing hearing for June 21, 2016, at 10:00 a.m.
In his role as a Senior Supervision Analyst, Cho had access to sensitive, proprietary and valuable information belonging to the bank. The information included financial data and materials relating to the bank’s responsibility to monitor the health of certain financial institutions in the United States.
According to a written plea agreement, Cho was in discussions in May 2015 to take a new job outside of the bank. Less than a week before accepting the outside company’s employment offer, Cho printed a confidential Federal Reserve document from his work computer and took it home with him. After accepting the offer on May 12, 2015, Cho printed an additional 31 confidential Federal Reserve documents from his work computer and brought those home as well. On the same day he resigned from the bank on May 26, 2015, Cho printed 3 more proprietary Federal Reserve documents from his work computer and brought them home.
When confronted by FBI agents, Cho initially denied taking home the confidential documents, according to the plea agreement. However, after a second interview with FBI agents the following month, Cho turned over four of the documents. Cho told agents that he had shredded the remaining documents after his first interview with the FBI, according to the plea agreement. On June 6, 2015, Cho turned over a bag full of shredded documents to the FBI, the plea agreement states.
Cho further admitted in the plea agreement that he printed confidential Federal Reserve documents while he was interviewing for another position with a different company in March 2015. Those documents were also sensitive materials concerning the financial health of certain U.S. financial institutions.
The conviction prohibits Cho from directly or indirectly participating in the affairs of any United States financial institution for at least ten years.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Scott Redington, Special Agent-in-Charge of the Western Region Board of Governors of the Federal Reserve, Office of Inspector General.
The government is represented by Assistant United States Attorney Sunil Harjani.
Plea Agreement
Former Johnson County Restaurant Owner Indicted on Bank Fraud ChargeRead the Press Release
KANSAS CITY, KAN. - A former Johnson County restaurant owner was indicted Wednesday on charges of fraudulently obtaining $605,000 in loans, U.S. Attorney Barry Grissom said.
Charles Waits, 54, Lenexa, Kan., was charged in a superseding indictment with one count of bank fraud and two counts of making false statements to a lender. The indictment alleges Waits, a partner in Kansas City Sports Grille, Inc., obtained two commercial loans through Community America Credit Union. He gave the lender a financial statement with false statements regarding his personal assets and net worth.
The indictment seeks a monetary judgment of $605,000, representing the proceeds of the crimes.
If convicted, he faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
OTHER GRAND JURY INDICTMENTS
Abbie Jo McClellan, Topeka, Kan., 65, is charged with two counts of making false statements to the Social Security Administration and the Office of the Inspector General. The crimes are alleged to have occurred in in 2014 and 2015, in Topeka, Kan.
If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The Social Security Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Jose Juvenal Jimenez-Delatorre, 27, who is not a citizen of Kansas, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 20, 2016, in Johnson County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Mario Ulises Moreno-Ayala, 28, who is not a citizen of the United States is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 20, 2016, in Johnson County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Stephanie R. Minor, 34, Columbus, Ind., and Matthew L. Hudson, 43, Hope, Ind., one count of possession with intent to distribute methamphetamine and one count of traveling from Indiana Kansas in furtherance of drug trafficking. The crimes are alleged to have occurred March 6, 2016, in Liberal, Kan.
If convicted, the face a penalty of not less than 10 years and a fine up to $10 million on the possession charge, and a maximum penalty of five years and a fine up to $250,000 on the interstate travel charge. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Former Hillsborough Resident Sentenced for Wire FraudRead the Press Release
SAN JOSE – Resat Otus Nuri was sentenced to 24 months in prison and ordered to pay $562,149.90 in restitution for wire fraud, announced Acting United States Attorney Brian J. Stretch, U.S. Secret Service Special Agent in Charge David Thomas, and U.S. Postal Inspection Service Inspector in Charge Rafael Nuñez. The sentence, handed down yesterday, follows the July 28, 2015, court proceedings in which the defendant—who was known to his victims by numerous aliases including Otus Resat Nuri, Resat Nuri Otus, and Nuri Resat Otus— pleaded guilty to a single count of wire fraud.
According to the plea agreement, Otus, 50, formerly a resident of Hillsborough, admitted he fraudulently induced a Texas company to wire him nearly $100,000 in connection with the sale of computer equipment he never intended to deliver. At sentencing, the Court determined that the total amount of loss associated with the defendant’s criminal conduct was approximately $468,910.
Otus was indicted by a federal grand jury on November 14, 2012. He was charged with allegedly engaging in a scheme to defraud wholesale businesses and individuals to enter into agreements to buy or sell telecommunications equipment that he had neither the intention nor capacity to perform. According to the indictment, in his communications to victims, Otus often falsely held himself out as having contacts at prominent technology firms, telling his potential victims that he was able to obtain good deals on valuable merchandise as a result of these purported contacts. After receiving the funds from a victim buyer or the goods from a victim seller, Otus would fail to perform his part of the bargain as he had promised and refuse to return the funds or goods to his victims, offering them instead a pattern of excuses for his inability to perform. Otus was charged with fifteen counts of wire fraud in violation of 18 U.S.C. § 1343. Under the plea agreement, Otus pleaded guilty to one of the counts in the indictment.
The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge. In handing down the sentence, Judge Koh found that Otus had chosen to engage in a disturbing pattern of fraud over a long period of time with real harm to victims. The Court went to say that the harm to the victims was not just the loss of money, but the headaches and stress it imposed on their finances and their well-being.
In addition to the prison term, Judge Koh also sentenced Otus to a three year period of supervised release. The defendant will begin serving the sentence on May 11, 2016.
Assistant United States Attorney Timothy J. Lucey is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation by the U.S. Secret Service and the U.S. Postal Inspection Service.
Former Fort Leonard Wood Man Charged with Sexually Abusing a ChildRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Brattleboro, Vt., man was charged in federal court today with sexually assaulting a 6-year-old child at Fort Leonard Wood, Mo.
Paul Kickery, Sr., 66, of Brattleboro, formerly of Fort Leonard Wood, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Mo., with the aggravated sexual abuse of a child.
According to an affidavit filed in support of today’s criminal complaint, the victim’s father contacted the Brattleboro, Vt., Police Department, to report that his daughter had been sexually assaulted by Kickery over the course of approximately a year. During the time of the sexual assaults, between July 1, 2013, and July 31, 2014, both Kickery and the then-6-year-old victim were residing at Fort Leonard Wood. The child victim disclosed the abuse to a family member about a year later.
Dickinson cautioned that the charge contained in this complaint 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 Ami Harshad Miller. It was investigated by the FBI and the Brattleboro, Vermont, Police Department.
Former Federal Employee Sentenced to Five Years in Prison for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Eric Worrell, 57, of Rancho Cordova and formerly a federal Department of Transportation employee, was sentenced today by United States District Judge Troy L. Nunley to five years in prison, to be followed by 20 years of supervised release, for receipt of child pornography, United States Attorney Benjamin B. Wagner announced. On release, Worrell will be required to register as a sex offender.
According to court documents, a thumb drive found in a hallway outside the offices of the federal Department of Transportation in Sacramento was turned over to investigators, who determined it belonged to Worrell. A forensic review of the thumb drive and Worrell’s work laptop found they contained hundreds of images of child erotica and child pornography. Worrell told agents that he would carry this thumb drive with him so that he would not leave the materials at home where his family members could find them.
“Countless children around the world fall prey to sexual predators. It is our priority to make every effort to keep our children safe,” said Ryan L. Spradlin, special agent in charge of HSI San Francisco. “Together with our law enforcement partners, we work tirelessly to search out criminals who seek to harm or exploit innocent children and hold them accountable for their actions.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Department of Transportation’s Office of Inspector General. Special Assistant United States Attorney Josh F. Sigal prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Former Correctional Officer at Susanville Pleads Guilty to Accepting BribesRead the Press Release
SACRAMENTO, Calif. — Jordan Kinglee, 23, of Susanville, pleaded guilty today to honest services wire fraud for smuggling cellphones into prison, United States Attorney Benjamin B. Wagner announced.
According to court documents, while working as a correctional officer at the California Correctional Center (CCC) in Susanville, Kinglee smuggled cellphones into the prison for an inmate. A friend of the inmate, who was not in custody, paid Kinglee more than $8,000 to smuggle the cellphones. As a correctional officer, Kinglee was prohibited under California law from providing cellphones to prisoners, receiving any compensation from prisoners or their representatives, and from any barter or dealings with any prisoner. Kinglee was arrested on May 12, 2015.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation Office of Internal Affairs Northern Region, and the Susanville Police Department. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
Kinglee is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on June 9, 2016. Kinglee faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Folk Nation Gang Leader Sentenced to Consecutive Terms of Life ImprisonmentRead the Press Release
Earlier today at the federal courthouse in Brooklyn, New York, Yasser Ashburn, the leader of a set of the violent street gang Folk Nation operating primarily in the Crown Heights and East Flatbush neighborhoods of Brooklyn, was sentenced to two consecutive terms of life imprisonment. On November 10, 2015, one of Ashburn’s co-defendants, Jamal Laurent, was sentenced to five consecutive life terms of imprisonment. Prior to that, on November 6, 2015, co-defendant Trevelle Merritt was sentenced to 40 years of imprisonment. On March 18, 2015, all three defendants were convicted, following a jury trial, of racketeering and racketeering conspiracy, including as racketeering acts the murders of Courtney Robinson, Brent Duncan, and Dasta James, and related crimes.
The sentence was announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Diego G. Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; and William J. Bratton, Commissioner, New York City Police Department (NYPD).
Ashburn led a Folk Nation set of 20 to 25 members that operated in the Ebbets Field Houses, a New York City public housing community in the Crown Heights neighborhood of Brooklyn. From approximately 2007 until their arrests in 2011 and 2012, the defendants were responsible for numerous acts of gang-related violence, including homicides, non-fatal shootings, and robberies in Brooklyn and elsewhere in the tri-state area.
The government’s evidence at trial established that, during the early morning hours of April 20, 2008, a fight erupted at a birthday party held in an apartment at the Ebbets Field Houses. After Courtney Robinson entered the fight to protect his nephew who was being beaten by Folk Nation gang members, Ashburn left the melee and retrieved a handgun from the building stairwell where the gang typically stored weapons. Ashburn then returned to the apartment and shot Robinson at point blank range in the back, killing him.
The government’s case is being prosecuted by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Darren A. LaVerne, M. Kristin Mace, and Margaret Lee are in charge of the prosecution, assisted by EDNY Investigator Erik Nesbitt.
The Defendant:
YASSER ASHBURN, also known as “Indio” and “supa swerve 6”
Age: 32
Brooklyn, NYE.D.N.Y. Docket No. 11-CR-303 (NGG)
Federal Grand Jury in Chicago Indicts California Man for Attempting to Provide Material Support to Overseas TerroristsRead the Press Release
CHICAGO — A California man who allegedly traveled to Syria to take up arms with terrorists has been indicted by a federal grand jury in Chicago for attempting to provide material support to acts of violence overseas.
AWS MOHAMMED YOUNIS AL-JAYAB, 23, of Sacramento, allegedly flew from Chicago to Turkey on Nov. 9, 2013, and then traveled to Syria. Between November 2013 and January 2014, Al-Jayab reported on social media that he was in Syria fighting with terrorist organizations.
The indictment charges him with one count of attempting to provide material support and resources, knowing that such support and resources would be used in preparation for, and in carrying out, violence against persons outside of the United States. The charge is punishable by up to 15 years in federal prison.
The indictment was returned today in U.S. District Court in Chicago. An arraignment date has not yet been set.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; John P. Carlin, Assistant Attorney General for National Security; Monica M. Miller, Special Agent-in-Charge of the Sacramento Office of the Federal Bureau of Investigation; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the FBI.
The investigation was led by the Sacramento Joint Terrorism Task Force, which is comprised of FBI special agents and representatives from numerous federal, state and local law enforcement agencies. The U.S. Attorney’s Offices for the Northern District of Illinois and the Eastern District of California, as well as the U.S. Department of Justice’s National Security Division, provided assistance in the investigation.
Al-Jayab was also indicted earlier this year by a federal grand jury in Sacramento for allegedly making a false statement involving international terrorism. He pleaded not guilty to that charge. His next court appearance in Sacramento will be a status hearing on May 12, 2016, at 9:00 a.m. PDT, before U.S. District Judge Morrison C. England Jr.
According to a criminal complaint filed in the Eastern District of California, Al-Jayab is a Palestinian born in Iraq, who came to the United States as an Iraqi refugee in October 2012. Between October 2012 and November 2013, while living in Arizona and Wisconsin, Al-Jayab communicated via social media with numerous individuals about his intention to go to Syria to fight for terrorist organizations, the complaint states. On Nov. 9, 2013, he flew from Chicago to Turkey, and then traveled to Syria, according to the complaint.
Between November 2013 and January 2014, according to the complaint, Al-Jayab reported on social media that he was in Syria fighting with terrorist organizations. Al-Jayab returned to the United States on Jan. 23, 2014, and settled in Sacramento.
The indictment in California contends that Al-Jayab gave false statements to agents from the U.S. Citizenship and Immigration Services during an interview on Oct. 6, 2014. In the interview, Al-Jayab indicated that he never supported terrorist groups, and that the purpose of his trip to Turkey was to visit his grandmother. The California indictment contends that both statements were false.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The government is represented in Chicago by Assistant U.S. Attorneys Barry Jonas and Shoba Pillay of the Northern District of Illinois, and Trial Attorney D. Andrew Sigler of the National Security Division’s Counterterrorism Section.
Indictment
Ex-Employee of U.S. Department of Veteran's Affairs Sentenced to Thirty Months in Prison for Wire Fraud and Aggravated Identity Theft for Embezzling Veteran and Survivor BenefitsRead the Press Release
Terrence Starks, age 37, from Bunker Hill, Illinois was sentenced to a total of thirty [30] months in prison as a result of convictions for wire fraud and aggravated identity theft, James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today. Terrence Starks was additionally ordered to serve three years supervised release following his release from prison and pay restitution totaling $19,260.26.
Terrence Starks worked for the U.S. Department of Veteran's Affairs and in his position he accessed the U.S. Department of Veteran's Affairs computerized software system for the payment and distribution of benefits. That database contained the names, Social Security numbers, dates of birth, and bank account information, among other information. Terrence Starks fraudulently changed the routing number and account number of veteran recipient's benefits to an account controlled by Terrence Starks through his girlfriend, thereby misrepresenting to the U.S. Department of Veteran's Affairs that the veteran or survivor was still receiving the benefits.
The successful prosecution is the result of an investigation conducted by the United States Department of Veterans Affairs, Office of Inspector General. The prosecution of the case was handled by Assistant United States Attorney Norman R. Smith.
El Salvadoran National Sentenced for False Claim to U.S. CitizenshipRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MIGUEL MENDEZ-GUSMAN, age 36, a citizen of El Salvador, was sentenced today after previously pleading guilty to a one-count Indictment for false claim to United States Citizenship.
U.S. District Judge Jane Triche Milazzo sentenced MENDEZ-GUSMAN to six months imprisonment and a $100 special assessment. Following his term of imprisonment, MENDEZ-GUSMAN will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
According to the Indictment, on or about July 28, 2015, MENDEZ-GUSMAN falsely and willfully represented himself to be a citizen of the United States.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
El Salvadoran National Indicted for Assault and Hindering RemovalRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal grand jury in Harrisburg indicted Jose Luis Benitez-Hernandez of hindering removal from the United States and impeding, resisting and assaulting U.S. Immigration and Customs Enforcement (ICE) Officers engaged in the performance of their duties.
According to U.S. Attorney Peter Smith, Benitez-Hernandez, a 30 year old El Salvadoran national, failed to leave the United States after being granted voluntary departure by an Immigration Judge. When he was taken into custody by ICE officers in Mechanicsburg on February 8, 2016, Benitez-Hernandez became combative, biting one of the officers on his hand and scratching another officer’s face.
The matter was investigated by U.S. Immigration and Customs Enforcement and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
Indictments 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.
The maximum penalty for these offenses under federal law is 8 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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Desoto Parish residents indicted for conspiring to distribute cocaineRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that seven DeSoto Parish residents were indicted for charges relating to the sale of crack and powder cocaine.
According to the indictment, which was unsealed today, Tyquario Derell Adams, 25; Johnny Leroy Adams Jr., 26; Antonio Tawarn Robertson, 35; Makeith Ladale Robertson, 32; Terrance D. Woods, 41; Ashton Bernard Shelton, 25; and Amanda Marie Garner, 32, all of Mansfield, La., are charged in Count One with conspiracy to distribute and to possess with the intent to distribute cocaine in the Mansfield area from April 2015 to November of 2015. Counts two to four charge varying defendants with distribution of crack cocaine, and counts five to eight charge varying defendants with distribution of powder cocaine. Count Nine charges Johhny Adams with possession with the intent to distribute cocaine. See the list below for charging details:
Counts 1 2 3 4 5 6 7 8 9 T. Adams * * J. Adams * * * * * * A. Robertson * * * * * * * * M. Robertson * * Woods * * Shelton * * Garner * *The defendants face various possible penalties depending on the drug quantity involved, their role in the charged offense and their criminal histories.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI Northwest Louisiana Violent Crimes Task Force and the DeSoto Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Allison D. Bushnell is prosecuting the case.
Des Allemands Man Sentenced for Fraud in Aftermath of BP Oil SpillRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Louisiana announced that DERRICK JOSEPH DURAN, age 28, a resident of Des Allemands, was sentenced today after previously pleading guilty to a three-count mail fraud Indictment.
U.S. District Judge Jane Triche Milazzo sentenced DURAN to serve four years on probation and ordered restitution in the amount of $28,018.52.
According to court documents, the Gulf Coast Claims Facility (GCCF) made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion that occurred on April 20, 2010. The GCCF required individuals to verify loss of income. On August 25, 2010, DURAN submitted a fraudulent application to the GCCF claiming that he worked as a deckhand on a fishing vessel during the year 2010, before the oil spill. Documentation in support of DURAN’s claim included a falsified letter from a commercial fisherman indicating that DURAN had worked as a deckhand on his fishing vessel for a twelve month period before the spill, when in fact he had not. Based on DURAN’s fraudulent application, the GCCF mailed checks totaling $28,018.52 to DURAN to which he was not entitled.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The U.S. Attorney’s Office praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.