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28 April 2016
Sentencings for April 21 - April 27, 2016Read the Press Release
Jose Martinez-Barrios, 43, of Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on April 27, 2016, for illegal re-entry of a previously deported alien into the United States. Martinez-Barrios was arrested in Casper, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
James Edward Johnston, 57, of Casper, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on April 25, 2016, for possession with intent to distribute 50 grams or more of methamphetamine. Johnston was arrested in Casper, Wyoming. He received 156 months imprisonment, to be followed by four years or supervised release, and was ordered to pay a $100.00 special assessment and restitution in the amount of $500.00. This case was investigated by the Wyoming Division of Criminal Investigation.
Brandon Keith Kern, 30, of Crawford, Nebraska, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on April 21, 2016, for conspiracy to distribute 50 grams or more of methamphetamine. Kern was arrested in Sidney, Nebraska. He received 103 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $100.00 special assessment and restitution in the amount of $400.00. This case results from an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) joint investigation conducted by the Wyoming Division of Criminal Investigation and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Rittman man faces child pornography chargesRead the Press Release
Bryan Blankenship, 24, of Rittman, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.
The indictment charges that from on or about July 22, 2015, through on or about January 11, 2016, in the Northern District of Ohio, Eastern Division, and elsewhere, Blankenship knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce. The indictment also charges that on March 24, 2016, Blankenship possessed a computer and a hard drive, each of which contained child pornography.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum. This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.
The case was investigated by the Canton Office of the Federal Bureau of Investigation and the Canton Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Ravenna man indicted for child pornography violationsRead the Press Release
Frank J. Richards, 53, of Ravenna, Ohio, was charged with receiving and distributing visual depictions of real minors engaged in sexually explicit conduct and possession of child pornography, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.
The Indictment charges that from on or about January 13, 2014, through on or about January 14, 2014, and again on July 22, 2015, Frank J. Richards, did knowingly receive and distribute in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct. In addition, on January 27, 2011, March 5, 2015, and April 5, 2016, Frank J. Richards did knowingly possess computers and computer media that contained child pornography
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Department of Homeland Security, Cleveland Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Philadelphia Man Charged in Disability FraudRead the Press Release
PHILADELPHIA - Sheikh Mohammed Khurshan, 55, of Philadelphia, PA, was charged by indictment, unsealed today, in a disability benefits fraud, announced United States Attorney Zane David Memeger. Khurshan is charged with 11 counts of wire fraud, 16 counts of health care fraud, one count of Social Security fraud, one count of false statements, and one count of false statements in connection with an application for a passport. According to the indictment, the defendant applied for and received disability benefits from the Social Security Administration while lying and concealing his work activity.
As a result of this allegedly fraudulent application for disability benefits, the defendant also received health care services and treatment under Medicare and Medicaid. The defendant also applied for a replacement passport, allegedly lying that his passport had been lost. The defendant’s alleged actions resulted in a loss to the Social Security Administration of $145,166.24, and a loss to the U.S. Department of Health and Human Services of $181,851.86.
If convicted, the defendant faces a substantial period of incarceration, a period of supervised release, forfeiture, a possible fine, restitution of $327,018.10, and a $3,000 special assessment.
The case was investigated by the Social Security Administration Office of Inspector General, the U.S. Department of Health and Human Services Office of Inspector General, and the Diplomatic Security Service. Assistance was provided by the FBI and the U.S. Immigration and Customs Enforcement Homeland Security Investigations. It is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Phenix City and Atlanta Residents Sentenced to Prison for Involvement in Stolen Identity Tax Refund Fraud SchemeRead the Press Release
Montgomery, Alabama– Two men who conspired to file more than 1,200 false tax returns using stolen identities were sentenced to prison today, announced U.S. Attorney George L. Beck Jr. of the Middle District of Alabama, and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
Ernest James Simmons Jr., 29, of Phenix City, Alabama, was sentenced to 24 months and 15 days in prison and Calvin J. Perry, 28, of Atlanta, Georgia, was sentenced to 32 months in prison. Simons and Perry each pleaded guilty in December 2015 to one count of conspiracy to defraud the government with respect to filing false income tax refund claims and one count of aggravated identity theft.
According to court documents and evidence presented at the sentencing hearing, between 2010 and 2012, Simmons and Perry conspired with Perry’s mother, Pamela Ann Smith, to run a large-scale stolen identity refund fraud scheme from Smith’s tax return preparation business, Jaycal Tax Service, in Phenix City. Smith recruited her son Perry, and Perry’s friend, Simmons, to participate in the scheme. As part of the conspiracy, Smith, Perry and Simmons opened multiple bank accounts and rented multiple post office boxes. They then filed more than 1,200 federal income tax returns using the stolen personal identification information of actual individuals, which included the victims’ names and social security numbers. Simmons was directly connected to false returns claiming more than $700,000 in fraudulent refunds and Perry was directly connected to false returns claiming over $1 million in fraudulent refunds. U.S. Treasury checks were mailed to physical addresses and post office boxes and then deposited into multiple bank accounts, all under the control of Simmons, Perry and Smith. From the scheme, Perry personally obtained more than $300,000 and Simmons personally obtained more than $150,000.
“Identity theft and tax fraud continue to plague our state. However, the hard work of our law enforcement agencies and prosecutors also continue to crack down on these violators,” said U.S. Attorney Beck. “Hopefully, these stiff sentences will deter others who think about stealing for a living. You will be caught!”
In addition to the prison term, Perry and Simmons were ordered to serve three years of supervised release. Perry was also ordered to pay restitution in the amount of $308,152 and Simmons was ordered to pay restitution in the amount of $167,194. In February, Smith was sentenced to serve 51 months in prison after pleading guilty for her role in the scheme.
U.S. Attorney Beck and Acting Assistant Attorney General Ciraolo commended special agents of Internal Revenue Service–Criminal Investigation, who investigated the case and Trial Attorneys Gregory P. Bailey, Michael C. Boteler and Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Jonathan Ross of the Middle District of Alabama, who prosecuted the case.
Olney Man Indicted for Filing False Income Tax Returns Claiming Refunds of over $2 MillionRead the Press Release
Greenbelt, Maryland – A federal grand jury indicted Mehlek Dawveed, age 49, of Olney, Maryland, on charges arising from a scheme to fraudulently obtain federal tax refunds. The indictment was returned on March 30, 2016 and unsealed today upon Dawveed’s arrest.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
“The investigation and indictment of Mr. Dawveed serves as another example of IRS- CI's commitment to ensuring the integrity of our tax system for the American taxpayer,” said Thomas Jankowski, Special Agent in Charge, IRS Criminal Investigation, Washington D.C. Field Office.
According to the four count indictment, on March 27, 2011, Dawveed filed an individual income tax return for the tax year 2010 wherein he falsely claimed a tax refund of $977,558. He falsely reported taxable interest of $1,486,902 and federal income taxes withheld of $1,496,400. Dawveed caused the Department of Treasury to wire $977,558 on April 22, 2011 to a bank account he controlled. From April 22, 2011 to June 1, 2014, Dawveed withdrew and caused to be withdrawn a total of $788,991 obtained from the fraudulent tax return by using these funds to pay off his mortgage and other personal expenses, and by causing funds to be transferred to bank accounts controlled by him or his family members.
The indictment alleges that on May 19, 2011, Dawveed had attempted to deposit a check for $115,000 drawn from the fraudulently obtained tax refund into another account controlled by an associate. However, the check was rejected due to insufficient funds because the previous day, the bank returned the remaining $188,567 of the fraudulently obtained tax refund to the IRS at their request.
The indictment further alleges that on February 18, 2012, Dawveed filed another individual income tax return for the year 2011, this time falsely claiming a refund of $1,324,961. On February 27, 2012, Dawveed also filed a 2010 amended tax return wherein he changed his taxable interest income from $1,486,902 to $0. The amended return was accompanied by correspondence falsely stating, “In ‘Good Faith’ we submitted a Payment of $5,000,000 Million Dollars” to the Ogden branch of the IRS on January 31, 2012 “in hopes of settling the remaining ‘Debt’ from our 1040 Tax Filing for Year 2010.”
Dawveed faces a sentence of 20 years in prison for wire fraud; three years in prison for corruptly impeding the Internal Revenue laws; and five years in prison on each of two counts for filing false claims. Dawveed had his initial appearance today in U.S. District Court in Greenbelt and was released on pretrial supervision.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein commended the IRS-Criminal Investigation for its work in the investigation and thanked Assistant U.S. Attorneys Sean R. Delaney and Kelly O'Connell Hayes, who are prosecuting the case.
Notice of Court ProceedingsRead the Press Release
Contact Person: Beth Drake (803) 929-3000
COLUMBIA, SOUTH CAROLINA – United States Attorney Bill Nettles announced that the court will hold a proceeding at 1:00pm on Friday, April 29, 2016, in the case of United States v. Joseph Meek.
WHEN: Friday, April 29, 2016 at 1:00 p.m. WHERE: J. Waites Waring Federal Courthouse-Annex
85 Broad Street, Courtroom #6, 4th Floor
Charleston, SC 29402#####
Norfolk Man Sentenced to Prison for Mail and Wire FraudRead the Press Release
NEWPORT NEWS, Va. – Nader Elnegery, 41, of Norfolk, was sentenced today to 30 months in prison for mail and wire fraud charges based on a scheme to defraud Canon, U.S.A. (Canon) and other companies of professional cameras and lenses. Elnegery was also ordered to pay $54,639 in restitution to the victims of his offense and to forfeit $38,000 recovered from his home.
Elnegery pleaded guilty on Jan. 13, just minutes before his trial was to begin. According to court documents, Elnegery admitted to falsely certifying his eligibility for membership in a program offered by Canon to professional photographers and filmmakers. Specifically, in 2013 and 2014, Elnegery applied for memberships in his own name and in the names of five aliases, falsely claiming to own several items of professional camera equipment that he had rented from a second company, ATS Rentals. Ownership of such equipment is the primary condition of membership in the Canon program. Elnegery then used the Canon memberships to obtain evaluation loans of high-end, professional cameras and lenses from Canon. Elnegery failed to return these items, as well as several items he had rented from ATS Rentals, resulting in significant losses to both companies. In March and April 2014, Elnegery sold the majority of these items in eBay auctions, collecting the proceeds from these sales through a PayPal account. Elnegery transferred the majority of the money he earned from these sales to his own checking account. The items not sold were recovered from Elnegery’s home.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Maria Kelokates, Acting Inspector in Charge of the U.S. Postal Inspection Service, Washington Division, made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys Kaitlin C. Gratton and Brian J. Samuels 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. 4:14-cr-48.
New York Man Charged in Scheme to Sell New Jersey Driver’sRead the Press Release
NEWARK, N.J. – A Bronx, New York, man who allegedly posted online advertisements in which he fraudulently offered authentic commercial driver’s licenses without the testing and identification requirements will appear in federal court today, U.S. Attorney Paul J. Fishman announced.
Mahmoud Odetallah, a/k/a “Mike,” 26, is charged by complaint with one count of wire fraud. Odetallah was arrested yesterday by FBI special agents. He is scheduled to appear this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court.
According to the complaint:
From August 2015 to February 2016, Odetallah allegedly claimed to sell authentic commercial driver’s licenses in one or more Craigslist advertisements. During this time, he solicited and accepted $1,000 in cash from an individual cooperating with the FBI, who is identified in the complaint as the “CW,” for the purchase of a New Jersey commercial driver’s license (“CDL”).
On Oct. 11, 2015, Odetallah allegedly posted an advertisement selling CDLs without the required testing and identification requirements. The advertisement also represented that Odetallah was New Jersey Motor Vehicle Commission (“MVC”) employee or affiliated with an employee of the MVC.
During a Nov. 17, 2005 telephone call, the CW, acting under the supervision of the FBI, responded to the October Craigslist advertisement by calling Odetallah. During the call, Odetallah instructed the CW to supply a copy of the CW’s identification as well as two passport-sized photographs and anything mailed to the CW within the last 90 days as proof of address. Odetallah, claiming that he worked at the MVC, informed the CW that the transaction would occur in the vicinity of the MVC office in North Bergen, New Jersey.
On Jan. 13, 2016, Odetallah met with the CW at a coffee shop near the North Bergen MVC office. Shortly before the meeting, and at Odetallah’s direction, the CW sent a photograph of his purported passport to Odetallah via text message. At the coffee shop, Odetallah obtained a $1,000 cash payment from the CW for the purchase of a CDL, along with copies of the CW’s purported passport. Odetallah then left the coffee shop, promising the CW that he would return shortly with the CDL.
However, Odetallah never returned. After defrauding the CW of $1,000, Odetallah harassed the CW for the payment of an additional $1,000. On Feb. 6, 2016, Odetallah sent a text message to the CW containing an image of the CW’s purported passport identification page, which displayed the CW’s photograph and assumed name, and then sent a separate text message to the CW stating, “Now you must pay 1000$ [sic] again. Good luck[.]”
The wire fraud charge 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.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Shirley U. Emehelu of the U.S. Attorney’s Criminal Division in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Anyone with information concerning this alleged scheme should contact the FBI at 973-792-3000.
National, Local Employment Programs in Rhode Island to Highlight Road Way to Employment for Ex-Offenders Reentering the CommunityRead the Press Release
PROVIDENCE, R.I. – Each year, an average of 600,000 individuals across the country, approximately 3,000 in Rhode Island, reenter the community from prison, many of them committed to supporting themselves and their families, to become productive citizens, and to not re-offend and return to prison. Literature suggests employment is a predictor of post-release recidivism.
United States Attorney Peter F. Neronha, working closely with Rhode Island Department of Corrections Director A.T. Wall, and in partnership with the Greater Providence Chamber of Commerce, U.S. Probation, the Governor’s Office, the Department of Labor and Training, the Attorney General’s Office, the law firm of Partridge Snow & Hahn, Open Doors and Amos House, and employers whose workforce development strategy includes hiring ex-offenders, have been leading outreach efforts to connect employers with the information and support they need to make informed decisions to develop workforce strategies which include ex-offenders.
On May 25, 2016, businesses owners, employers and hiring managers from across Rhode Island and Southeastern Massachusetts will gather for Road Map to Reentry: Community Workforce Development, a summit to share workforce development strategies to integrate formerly incarcerated individuals into the workforce.
Johns Hopkins Health Systems, a nationally recognized leader in creating employment opportunities for ex-offenders, and Pet Food Experts located in Cumberland, Rhode Island, a long-time supporter of providing employment opportunities to ex-offenders, will lead a discussion of hiring practices, successes and challenges associated with employing formerly incarcerated individuals. Ex-offenders will speak to the personal challenges they confronted and rewards they now realize by having been given the opportunity to work.
Additionally, the Department of Labor and Training, and state and federal probation supervisors, will detail the many support systems and resources available to employers and employees, including financial incentives employers may qualify for when they hire ex-offenders. Agencies such as Open Doors and Amos House will detail pre and post-release assistance for ex-offenders readying them to rejoin the workforce. In addition, an employment and labor attorney, a partner at Partridge Snow & Hahn, will address the employment law implications of the program.
In announcing the Summit, United States Attorney Peter F. Neronha commented, “No matter how long the sentence, the fact is that the vast majority of those we arrest, prosecute and incarcerate don’t stay locked up forever. These released inmates are coming home to cities and towns throughout Rhode Island. If these individuals return to a future that is no future at all, they are very likely to commit another crime. New crimes result in new victims, which alone is bad enough. Moreover, a return to prison results in enormous cost to the Rhode Island taxpayers. This kind of financial burden, hardly unique to Rhode Island, is simply not sustainable. Once former inmates are out, we have to do everything we can to make sure that they stay out. Most want to work, and want to work hard. What they need is a chance; a chance that will help them, help their prospective employers, and ultimately help all Rhode Islanders. In a country where nearly one in three Americans of working age has some kind of criminal record, we simply cannot ignore or permanently sideline this part of our workforce.”
Roadmap to Reentry: Community Workforce Development is a free summit. Business owners, employers and hiring managers wishing to attend the summit on May 25, 2016, at the Radisson Hotel in Warwick, from 8:00 a.m. to 12:30 p.m., are encouraged to register at www.usaoritraining.org/CWD
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Natchitoches man pleads guilty to methamphetamine, firearm possession chargeRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that a Natchitoches man pleaded guilty Tuesday to possessing methamphetamine and a firearm.
Harold Jumale Anderson, 42, of Natchitoches, La., pleaded guilty before U.S. District Judge Dee D. Drell to one count of possession of methamphetamine with intent to distribute and one count of possession of a firearm in furtherance of drug trafficking. According to the guilty plea, law enforcement agents conducted a controlled buy of methamphetamine using a confidential informant on August 18, 2015 in Alexandria. After his arrest, Anderson’s residence was searched. Agents found more than 500 grams of methamphetamine, a loaded Ruger 9 mm handgun and additional ammunition in his bedroom.
Anderson faces 10 years to life in prison for the methamphetamine possession count. He also faces a minimum of five years in prison for the firearm count, which will run consecutive to the methamphetamine possession count. He also faces at least five years of supervised release and a $10 million fine. A sentencing date of July 20, 2016 was set.
The FBI and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Allison D. Bushnell is prosecuting the case.
Montana U.S. Attorney's Office Announces Reentry Week Events as Part of DOJ "Roadmap to Reentry"Read the Press Release
HELENA – The U.S. Attorney’s Office for the District of Montana will participate in a reentry training event at the Montana State Prison in Deer Lodge today, as part of the Department of Justice’s national reentry week events. The event will be one of more than 500 reentry week events across the nation, promoting the importance of reentry issues.
President Obama kicked off reentry week events on Saturday with remarks that stressed the economic and societal costs of high rates of incarceration and the importance of investing in alternatives to prison such as drug courts and mental health treatment. On Monday, Attorney General Loretta Lynch announced the “Roadmap to Reentry,” the Department’s comprehensive vision to reduce recidivism through reentry reforms at the Federal Bureau of Prisons (BOP). The initiative is intended to respond to the needs of more than 600,000 citizens who return to neighborhoods and communities after serving time in federal and state prisons.
The principles Attorney General Lynch outlined in the “Roadmap to Reentry” are aligned with the work of the Federal Interagency Reentry Council, which has been working for the past five years to reduce recidivism and improve employment, education, housing, health and child welfare outcomes. These principles include the formulation of individualized reentry plans; educational, employment, life skills, and substance abuse programs during incarceration; resources to maintain and build family relationships for inmates while incarcerated; establishment of halfway house and supervised release programs that cater to the needs of individuals; and the provision of comprehensive reentry-related information and resources necessary for former offenders to succeed as citizens.
Thursday’s event is a combined effort that will include a presentation by the Montana U.S. Attorney’s Office Reentry Coordinator, Michael Lahr; the American Indian Liaison for the Montana Department of Corrections, Harlan Trombley; and the Vice-President of the Northern Cheyenne Tribe, Winfield Russell, as well as Reentry Specialist Jim Pagels of the Montana Department of Corrections. The presentation to the inmates will focus on federal firearms laws and address general reentry issues. The Northern Cheyenne Vice-President, the DOC American Indian Liaison and the USAO Reentry Coordinator will also meet with prison officials regarding reentry efforts with a particular focus on Native American inmates.
This event follows a Tribal Reentry Training held on March 29 and 30, 2016, and co-hosted by the Montana U.S. Attorney’s Office and the Tribal Defenders Holistic Defense Program of the Confederated Salish and Kootenai Tribes (CSKT) on the Flathead Indian Reservation. The training included presentations by members of the Muscogee (Creek) Nation Reintegration Program, which is considered a model for effective reentry programs, presentations by the CSKT Tribal Defenders on the Flathead reentry program, which is currently under development, and presentations from the Montana Department of Corrections Staff about the Montana Reentry Task Force. The program concluded with a presentation by the United States Probation Office on reentry issues from the federal perspective.
Following that training, U.S. Attorney Michael Cotter met with United States District Court Judge Brian Morris on April 6, 2016 to discuss expanding reentry efforts by the courts. Judge Morris invited U.S. Attorney Cotter to provide him with information about reentry initiatives in Montana and across the country with the goal of integrating reentry concepts into judicial practices. Some of the topics discussed included special courts, including drug and veterans courts, along with mentoring and training programs. The high recidivism rate of Native Americans was also a major topic as Judge Morris handles cases involving four of Montana’s seven Indian reservations.
“Successful reentry is a critical issue both on and off of Montana’s reservations,” said U.S. Attorney Mike Cotter. “The Department of Justice has made clear through its ‘Roadmap to Reentry’ initiative that our approach must be holistic, rather than focused merely on prosecution of offenders. It is in the best interests of federal, tribal, state, and local governments to ensure that offenders who have paid their debt to society are given a meaningful opportunity to rebuild their lives and participate in their communities. This Office’s reentry efforts, with the help of our tribal and state partners, are a critical part of that initiative.”
The “Roadmap to Reentry” initiative can also be seen as an extension of former Attorney General Eric Holder’s Smart on Crime Initiative. While Smart on Crime looks to change policies to reduce incarceration rates and reserve BOP resources for the most hardened criminals, Attorney General Lynch is looking to advance target programs while individuals are in prison so that they are more productive when they return to their communities and are less likely to reoffend. More information on DOJ’s reentry week programs and the “Roadmap to Reentry” can be found at: https://www.justice.gov/reentry.
Mogadore woman accused of collecting deceased mother's Social Security benefitsRead the Press Release
A federal grand jury indicted Barbara J. Gable, 50, of Mogadore, for theft of public money, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.
Gable fraudulently converted to her own use her mother’s Social Security retirement and survivor’s benefits after her mother died in June 2009. The SSA did not learn of her mother’s death until December 2013. Gable’s theft resulted in a loss to the Social Security Administration of approximately $62,509, according to the indictment.
The United States Social Security Administration Office of the Inspector General conducted the investigation. The case is being prosecuted by Special Assistant United States Attorney Lisa J. Sanniti.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Mississippi Man Pleads Guilty to Murder-for-Hire SchemeRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JEFFERY HOWARD, age 35, of Nicholson, Mississippi, pled guilty today to use of interstate commerce facilities in the commission of murder-for-hire in violation of Title 18, United States Code, Section 1958(a).
According to court documents, as a result of a Federal Bureau of Investigation (“FBI”) Domestic Terrorism investigation, the New Orleans Joint Terrorism Task Force (“JTTF”) became aware of HOWARD, a known member of the Aryan Brotherhood, a violent white supremacy prison gang. HOWARD, who was allegedly involved in the trafficking of methamphetamine, sold drugs to an undercover law enforcement officer on numerous occasions. During one of the sales of drugs, HOWARD volunteered that he would be willing to commit a murder in exchange for money. HOWARD later accepted payment to commit a murder.
HOWARD faces up to ten years imprisonment, a $250,000 fine, and a three year term of supervised release. U.S. District Judge Carl J. Barbier set sentencing for August 4, 2016.
U.S. Attorney Polite praised the work of the FBI New Orleans Division JTTF for investigating this matter. Assistant United States Attorney Gregory M. Kennedy is in charge of the prosecution.
Millvale Man Charged with Possessing Child PornographyRead the Press Release
PITTSBURGH - A former Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.
The one-count indictment, returned on April 27, named Robert Paladino, Jr., 59, of Millvale, Pennsylvania, as the sole defendant.
According to the indictment, on or about Aug. 13, 2015, Paladino knowingly possessed videos and images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.
The law provides for a minimum sentence of 10 years in prison and maximum total sentence of 20 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Miami Resident Sentenced to Prison for his Participation in an Identity Theft Tax Fraud Scheme Involving 172 Fraudulent Tax ReturnsRead the Press Release
A Miami resident was sentenced to 42 months in prison, to be followed by three years of supervised release for his participation in an identity theft tax fraud scheme involving the filing of 172 fraudulent tax returns.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, and William Hernandez, Chief, North Miami Beach Police Department (NMBPD), made the announcement.
Marvin John Janvier, 22, previously pled guilty to one count of wire fraud, in violation of Title 18, United States Code, Section 1343, one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1), and one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3).
According to court documents, IRS-CI investigators noticed that 172 tax returns claiming refunds totaling $106,202 were filed from Janvier’s residential address from January 21, 2015 through April 25, 2015. Based on this information, a search warrant was executed at Janvier’s residence, and law enforcement found and seized evidence relating to identity theft and the filing of false tax returns, including numerous items containing personal identification information (PII), including names, dates of births, and social security numbers. Specifically, law enforcement found various hand-written notes containing names and addresses of various individuals and email addresses, lists of PII including hand-written notes containing names with numbers or dollar amounts next to the names, and medical and tax client records containing PII. In many of the cases where a number was written next to a name or next to PII, a fraudulent tax return was filed and the number represented the refund amount.
In addition, Janvier’s cellular telephone contained information that appeared on some of the fraudulent tax returns, including bank routing and account numbers, and photographs of Forms W-2 or incoming text messages containing wage and federal income tax withheld figures. Text messages and other conversations on the phone exchanged PII and discussed the filing of tax returns.
Mr. Ferrer commended the investigative efforts of IRS-CI, USSS, and NMBPD. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Manhattan U.S. Attorney Announces Extradition of Leader of Mexican Drug Trafficking OrganizationRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and James J. Hunt, Special Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), today announced that ABRAHAM INZUNZA INZUNZA was extradited from Mexico where he had been arrested for charges arising out of his leadership of an organization engaged in the trafficking of large-scale quantities of cocaine, marijuana, and methamphetamine into the United States. INZUNZA, a Mexican citizen, arrived in the Southern District of New York yesterday, and was presented today in Manhattan federal court.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Abraham Inzunza Inzunza was for years the leader of a major Mexican drug trafficking organization. He is charged with the importation of large quantities of dangerous and potentially lethal drugs to the U.S. Thanks to the coordinated efforts of the DEA and the Mexican Federal Police, Inzunza will now face American justice.”
Special Agent-in-Charge James J. Hunt said: “Today marks the end of a violent battle to bring Abraham Inzunza Inzunza to America to face the drug trafficking charges against him. Allegedly, as one of the largest drug traffickers in Mexico, he sent loads of marijuana, cocaine and crystal methamphetamine to cities across the United States for distribution. State, local, federal and international law enforcement worked collaboratively to arrest Peque and bring him to justice.”
According to the allegations contained in the Superseding Indictment unsealed yesterday in Manhattan federal court:[1]
From at least in or about 2008 through in or about March 6, 2014, INZUNZA operated a continuing criminal enterprise that trafficked large quantities of cocaine, marijuana, and methamphetamine into the United States. Among other things, in approximately March 2012, INZUNZA directed two co-conspirators to negotiate the importation of over 100 kilograms of cocaine into the United States. In August and September 2013, INZUNZA oversaw and directed other co-conspirators regarding the distribution of large quantities of methamphetamine to several states in the United States, namely, California, New Mexico, and Arizona. In September 2013, INZUNZA additionally discussed with another co-conspirator the delivery of approximately 400 kilograms of marijuana from Mexico to the United States.
INZUNZA was arrested by Mexican authorities on or about March 6, 2014, in Mexico, pursuant to a provisional arrest warrant that was issued on the charges in this case.
* * *
INZUNZA, 39, is charged in three counts. Count One charges INZUNZA with conspiring to distribute at least five kilograms of cocaine, at least 1,000 kilograms of marijuana, and at least 500 grams of methamphetamine, knowing that such substances would be imported into the United States. Count Two charges INZUNZA with occupying a position of organizer, supervisor, and manager of a continuing criminal enterprise involving cocaine, marijuana, and methamphetamine trafficking. Count Three charges INZUNZA with occupying the position of a principal administrator, organizer, or leader of a continuing criminal enterprise involving trafficking in at least 150 kilograms of cocaine and at least 10,000 grams, or 10 kilograms, of methamphetamine.
Count One carries a mandatory minimum term of 10 years in prison, Count Two carries a mandatory minimum term of 20 years in prison, and Count Three carries a mandatory minimum term of life in prison in prison. Each count carries a maximum penalty of life in prison. The statutory minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. The case is assigned to U.S. District Judge Andrew L. Carter, Jr.
The charges contained in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Mr. Bharara praised the investigative work of the New York Division of the DEA and its Organized Crime Drug Enforcement Strike Force, and the DEA Mexico City Country Office. The DEA New York Organized Crime Drug Enforcement Strike Force, which is composed of agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, U.S. Secret Service, the U.S. Marshal Service, New York National Guard, the New York Department of Taxation and Finance, the Rockland County Sheriff’s Office, the Clarkstown Police Department, Port Washington Police Department and New York State Department of Corrections and Community Supervision. Mr. Bharara also thanked the Government of Mexico for its assistance, in particular, the Mexican Federal Police, and the U.S. Department of Justice, Office of International Affairs.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorney Shane T. Stansbury is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Manchester Man Pleads Guilty to Illegal Possession of FirearmRead the Press Release
Concord, N.H.— United States Attorney Emily Gray Rice announced that Anthony Pillsbury, 36, of Manchester, New Hampshire, pleaded guilty to a federal indictment charging him with the illegal possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
According to the indictment, statements made in court, and other public records in the case, on the morning of July 10, 2015, a Manchester Police officer observed Pillsbury walking on Lowell Street in Manchester. Mistaking Pillsbury for another individual for whom there was an active warrant, the officer initiated a stop a few moments later to investigate further. Before the officer could confirm Pillsbury’s true identity, he found in Pillsbury’s back-pocket a Jennings J-22, .22 caliber firearm, with one round in the chamber and one round in the magazine. Further research revealed that Pillsbury is prohibited from possessing firearms under federal law as a result of a prior felony conviction. A federal indictment charging Pillsbury with illegal possession of the firearm was returned by a grand jury sitting in Concord on October 21, 2015.
A sentencing hearing has been scheduled for August 9, 2016, in front of U.S. District Judge Paul Barbadoro. At that time, Pillsbury’s sentence will be determined by the court following completion of a presentence investigation report by the United States Probation and Pretrial Services Office. The statutory maximum sentence for the offense is ten years’ imprisonment and a fine of up to $250,000.
The case was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives and is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Man Sentenced for Alien Smuggling in North CountryRead the Press Release
ALBANY, NEW YORK – Wanxiang Chen, age 28, was sentenced on Tuesday to serve 8 months in prison as a result of his trial conviction for transporting aliens in the United States for the purpose of financial gain.
The announcement was made by United States Attorney Richard S. Hartunian and U.S. Border Patrol Chief Patrol Agent John C. Pfeifer.
Chen, a Chinese national who was residing in Flushing, New York, was convicted following a trial in March 2016 of transporting two Chinese citizens 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 to New York City when Border Patrol agents 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 has been incarcerated since his arrest on August 11, 2015, and since Chen himself was illegally in the United States, he will now be turned over to immigration authorities for possible removal proceedings.
This case was investigated by the United States Border Patrol and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Mail Thief Caught Stealing Mail from Hillside NeighborhoodRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced that an Anchorage man pled guilty yesterday in federal court to mail theft and credit card fraud.
Evan Mullen, 28, of Anchorage, pled guilty in front of U.S. District Judge Sharon L. Gleason.
According to Assistant U.S. Attorney Aunnie Steward, who prosecuted the case, Mullen pled guilty to the following facts: Starting in December 2015, Mullen stole mail from mailboxes of residents living in an Anchorage Hillside neighborhood. Mullen was specifically looking for credit cards, but Mullen also stole packages from these mailboxes. Mullen took the stolen credit cards and purchased gift cards and merchandise. Mullen continued this conduct up until the day before his arrest in February 2016. There were more than 10 victims of Mullen’s crimes including those who had their mail stolen and banks who absorbed the loss from the stolen credit cards. Mullen used the stolen credit cards to obtain and attempt to obtain approximately $10,000 in cash and merchandise. Mullen has agreed to pay full restitution.
Mullen faces a maximum of fifteen years in prison and a $250,000 fine. Sentencing is scheduled for July 21, 2016.
“Postal Inspectors worked closely with the U.S. Attorney’s Office, Anchorage Police Department, and proactive citizens to swiftly handle the reported mail theft on Hillside,” said Seattle Division Inspector in Charge Anthony Galetti of the U.S. Postal Inspection Service. “We take mail theft and identity theft very seriously and will continue working aggressively to investigate these crimes.”
U.S. Attorney Loeffler commends the U.S. Postal Inspection Service and the Anchorage Police Department for the investigation of this case. Neighborhood residents assisted in the investigation, providing tips and information helpful to identifying Mullen as the thief.
Local Employers and Agencies Participate in National Reentry WeekRead the Press Release
CEDAR RAPIDS, IA - The United States Department of Justice has designated April 24-30, 2016, as National Reentry Week. During this week, communities nationwide will focus on what can be done to break the cycle of incarceration that is prevalent in communities across the nation, including here in Iowa.
Ninety three percent of offenders currently behind bars will be eligible for release. State workforce and corrections agencies are working to address this issue that affects thousands of Iowans. Each year, more than 600,000 individuals return to our communities after serving time in federal and state prisons. In 2015, Iowa released 5,166 individuals from prison.
An additional 11.4 million people cycle through local jails nationally. Many of these individuals commit new crimes and end up back in prison. Research has shown a strong correlation between employment and recidivism. Simply put, individuals coming out of prison are much less likely to commit a new crime if they are employed with a good job.
“Too often, justice-involved individuals who have paid their debt to society confront daunting obstacles to good jobs, decent housing, adequate health care, quality education, and even the right to vote,” noted United States Attorney General Loretta E. Lynch. “National Reentry Week highlights the many ways that the Department of Justice is working to tear down the barriers that stand between returning citizens and a meaningful second chance – leading to brighter futures, stronger communities, and a more just and equal nation for all.”
“Making the criminal justice system more effective at reducing recidivism by helping formerly incarcerated individuals contribute to their communities with employment is a priority for the Department of Justice. An important part of that task is addressing obstacles to successful reentry that too many returning citizens encounter,” stated United States Attorney for the Northern District of Iowa, Kevin W. Techau.
Later today, the United States Attorney’s Office for the Northern District of Iowa, Iowa Workforce Development, Iowa Department of Corrections, the United States Probation Office, and America’s Job Honor Awards, will attend a proclamation signing with Iowa Governor Terry Branstad in Des Moines, where the Governor will proclaim April 24-30 Reentry Week in Iowa.
Earlier this week the United States Attorney’s Office hosted a focus group consisting of a select group of Cedar Rapids area business leaders. The aim of the focus group was to discuss perceived issues facing employers when deciding whether to hire individuals with criminal backgrounds. This group engaged in a candid discussion of the issues relating to the business community’s involvement to assist in reducing recidivism. The feedback received will assist in formulating programs to reduce recidivism while at the same time allaying the related concerns facing the business community. At least two other employer focus groups are in the planning stages and will be held at other locations across the District. Following this, a job fair will be held where employers and justice-involved individuals can interact.
To learn more about this inaugural event, visit: http://go.usa.gov/cuDh5.
Follow us on Twitter @USAO_NDIA.
Lithuanian Man Guilty of Conspiring with Others to Steal Shipments from Warehouses and Distribution Facilities in Kentucky, Tennessee, and GeorgiaRead the Press Release
Stole more than $700,000 in Alcohol from Barton Brands’ Warehouse in Bardstown, Kentucky and Jack Daniels Distillery in Lynchburg, Tennessee
LOUISVILLE, Ky. –United States Attorney John E. Kuhn, Jr. announced today the guilty plea of a Lithuanian man to a single charge of conspiracy for his role in the theft of interstate shipments from warehouses and distribution facilities in Kentucky, Tennessee, and Georgia.
Vismantas Danyla, 35, admitted in court to conspiring with others between October of 2014, and April of 2015, to submit fraudulent documents purporting to be a legitimate shipping company to transportation brokers. In turn, the brokers hired Danyla and others to ship goods including alcohol from Barton Brands’ Warehouse in Bardstown, Kentucky, alcohol from Jack Daniels Distillery in Lynchburg, Tennessee, and copper wire from Southwest Wire in Carrollton, Georgia. The shipments were never delivered to the purchasers, but, rather, were stolen and driven to a warehouse located in Chicago, Illinois, for illegal distribution.
As part of the conspiracy, Danyla and others submitted fraudulent Commonwealth of Kentucky liquor licenses and fictitious shipping documents to personnel at Barton Brand’s Warehouse in Bardstown. On or about October 23, 2014, Danyla, and other coconspirators, stole and transported alcohol from Barton Brands’ Warehouse and transported it to Chicago, for illegal distribution. The shipment was not delivered to its intended buyer Central Liquor Company in Oklahoma City, Oklahoma. It was valued at approximately $130,000.
On or about October 24, 2014, Danyla, and other coconspirators, submitted fictitious shipping and identification documents to personnel at South Wire in Carrollton, Georgia. Danyla other coconspirators stole and transported the copper wire to Chicago for illegal distribution. The shipment of wire was never delivered to the purchaser Rail Products, located in Columbus, Ohio. It was valued at approximately $139,911.72.
On April 7, 2015, Danyla and other coconspirators submitted, fictitious shipping documents to personnel at Brown-Foreman/Jack Daniels Distillery in Lynchburg, Tennessee. Danyla admits to stealing and transporting two loads of alcohol from Jack Daniels Distillery to a warehouse in Chicago. The shipments never reached its intended destination of North Las Vegas, Nevada and Sparks, Nevada. The values of the shipments were approximately $201,032.55 (North Las Vegas) and $207,705.52 (Sparks).
Further, on April 9, 2015, Danyla admits to conspiring with others to submit fictitious shipping documents to personnel at Brown -Foreman/Jack Daniels Distillery in Lynchburg, Tennessee. Danyla and other coconspirators stole and transported alcohol from Jack Daniels Distillery in Lynchburg to Chicago. The shipment never reached its intended destination of Phoenix, Arizona. The value of this shipment was approximately $188,314.88.
Danyla faces a maximum term of five years in prison, a combined maximum fine of $250,000, an order of restitution, and a three year term of supervised release. Danyla is scheduled for sentencing before Senior District Judge Thomas B. Russell, on August 17, 2016, in Louisville.
This case is being prosecuted by Assistant United States Attorney Joshua Judd, and is being investigated by the FBI, Illinois State Police, Kentucky State Police, Georgia Bureau of Investigation, and Tennessee Bureau of Investigation.
Justice Department Requires Divestitures in Keycorp’s Acquisition of First Niagara Financial Group Inc.Read the Press Release
Eighteen Branches in Greater Buffalo, New York, to Be Divested
The Department of Justice announced today that KeyCorp and First Niagara Financial Group Inc. have agreed to sell 18 of First Niagara’s branches in and around Buffalo, New York, with approximately $1.7 billion in deposits, to resolve antitrust concerns that arose from KeyCorp’s planned acquisition of First Niagara. The department said that the divestitures will ensure that the transaction does not harm competition for retail banking services in the Greater Buffalo area. As a result of the acquisition, KeyCorp will become the 13th largest bank in the nation, with about $135 billion in assets, $99.8 billion in deposits and more than 1000 branches across 15 states.
Under their agreement with the department, the companies have agreed to divest 13 branches in Erie County and 5 branches in Niagara County, New York. The divested assets will include the commercial loans associated with the divested branches. The companies have also agreed to suspend existing, and not to enter into new, non-compete agreements with their small business and middle market relationship managers and their retail regional and branch managers, in the state of New York, for a period of 180 days following the consummation of their merger. Further, the companies have agreed to sell or lease branches closed within two years of the consummation of the merger in the state of New York to other depository institutions.
“Americans value the convenience of retail bank branches,” said Principal Deputy Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division. “Today’s agreement will ensure that customers in Buffalo and other New York markets will continue to enjoy the benefits of competition among banks with retail branch networks.”
The proposed merger is subject to the final approval of the Board of Governors of the Federal Reserve System. The department said that it will advise the Federal Reserve Board that it will not challenge the merger provided that: the parties divest the branch offices, associated loans and deposits and the entire customer relationships associated with the divestiture branches; the parties commit to the Federal Reserve Board that they will comply with the agreement with the department; and the parties’ commitments to the department are included as a condition to any order the Federal Reserve Board enters allowing the transaction.
KeyCorp is a financial holding company headquartered in Cleveland with approximately $95 billion in total assets. KeyCorp, through its subsidiary KeyBank N.A., operates 972 branches in 12 states: Ohio, New York, Washington, Oregon, Indiana, Colorado, Utah, Maine, Florida, Michigan, Alaska and Vermont. With two major business segments, Key Community Bank and Key Corporate Bank, KeyBank serves individuals, small and mid-sized businesses and corporate clients.
First Niagara Financial Group Inc. is a financial holding company headquartered in Buffalo with approximately $39 billion in total assets. Providing retail and commercial banking services, First Niagara, through its subsidiary First Niagara Bank N.A., operates 394 branches in New York, Pennsylvania, Connecticut and Massachusetts. First Niagara focuses on traditional banking products that include loans, deposits and insurance.
A list of the branches to be divested is attached.
Attachment A
Justice Department Releases National Guide for Sexual Abuse Medical Forensic Examinations of ChildrenRead the Press Release
The Department of Justice’s Office on Violence Against Women (OVW) today released the National Protocol for Sexual Abuse Medical Forensic Examinations – Pediatric (Pediatric SAFE Protocol). The Pediatric SAFE Protocol is a guide for health care providers who conduct sexual abuse medical forensic examinations of prepubescent children, and other professionals and agencies/facilities involved in coordinating with health care providers to facilitate medical forensic care in cases of sexual abuse of juveniles.
The Pediatric SAFE Protocol recommendations are organized into two broad sections. The first section focuses on guiding communities in laying a foundation of approaches and practices that support successful response during the exam process to disclosures or suspicions of sexual abuse in prepubescent children. The second section focuses on the various components of the sexual abuse medical forensic exam process.
According to the Pediatric SAFE Protocol, the primary goals of a pediatric sexual abuse medical forensic examination are threefold: address the health care needs of prepubescent children who disclose sexual abuse or for whom sexual abuse is suspected; promote their healing; and gather forensic evidence for potential use within the criminal justice and/or child protection systems.
The protocol builds upon existing state, federal, tribal and national and international resources, as well as research related to community response to child sexual abuse and pediatric sexual abuse medical forensic examinations, and is intended to supplement, not supplant, existing protocols.
The Pediatric SAFE Protocol was created to supplement the National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents (SAFE Protocol). First released in 2004, it is a voluntary best practices guide for criminal justice and health care professionals responding to adult and adolescent sexual assault victims. In 2013, the Attorney General released a second edition of the SAFE Protocol that reflected the latest scientific advancements as well as the changes in practice since 2004. In August, 2013, OVW issued a companion document to the SAFE Protocol, which was focused on assisting correctional facilities to implement the SAFE Protocol. Following the release of the second edition, OVW partnered with the International Association of Forensic Nurses to develop the Pediatric SAFE Protocol to address the unique challenges of sexual abuse medical forensic examinations of prepubescent children.
OVW, headed by Principal Deputy Director Bea Hanson, provides leadership in developing the nation’s capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. More information is available at www.justice.gov/ovw. Assistant Attorney General Karol V. Mason for the Office of Justice Programs and Principal Deputy Director Hanson also authored a blog post today on the importance of the Pediatric SAFE Protocol.
Jury Convicts Former Police Officer for Selling Date Rape DrugRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today the conviction of ROBERT SMUTEK on four counts of distributing and possessing with intent to distribute 1,4 butanediol, an illegal analogue of the date rape drug gamma hydroxybutyric acid, or GHB. SMUTEK was found guilty by a jury after a five-day trial before U.S. District Judge Kenneth M. Karas.
U.S. Attorney Preet Bharara said: “Robert Smutek was a modern-day drug dealer, dealing a date rape drug over the Internet out of his suburban home. Despite his bucolic surroundings, Smutek was as much a drug dealer as those who sell on street corners, and he will now face the consequences of running a narcotics enterprise for more than five years.”
According to the allegations contained in the Indictment as well as the evidence presented during trial:
SMUTEK, a former police officer and member of a drug task force, operated Online Coral Calcium, an Internet website that sold patent medicines. Starting in 2009, SMUTEK sold “Potion 9” as a “mood enhancer” that supposedly made users feel euphoric. According to the label, Potion 9 contained yohimbe, a derivation of a tree root found in South Africa, as well as other natural ingredients. But according to the evidence at trial, Potion 9 actually contained 1,4 butanediol, an industrial solvent that converted to GHB in the body when ingested.
At trial, SMUTEK testified that he sold more than 200,000 one-ounce bottles of Potion 9 in a five-year period, reaping well over $1.2 million in revenue.
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SMUTEK, 52, of Sleepy Hollow, New York, was convicted of four counts of possession with intent to distribute a controlled substance, each carrying a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. SMUTEK was remanded to prison following the verdict. His sentencing is scheduled for September 8, 2016.
Mr. Bharara praised the work of the Rhode Island Task Force of the Office of Criminal Investigations, Food & Drug Administration. Mr. Bharara also thanked the Internal Revenue Service, Criminal Investigation Division, and the Postal Inspection Service for their assistance in the investigation.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Maurene Comey, Douglas Zolkind, and James McMahon are in charge of the prosecution.
Judge Sentences Philadelphia Man to Nine Years for Child ExploitationRead the Press Release
PHILADELPHIA - Tony Myers, 30, of Philadelphia, PA, was sentenced today to 108 months in prison for two counts of receipt of child pornography and one count of possession of child pornography. Myers pleaded guilty, on September 21, 2015, to receiving and possessing images of child pornography between August of 2013 and April of 2014. In addition to the prison term, U.S. District Court Judge Mitchell S. Goldberg ordered restitution of $5,000, 20 years of supervised release, and a $300 special assessment.
In May of 2013, the National Center for Missing and Exploited Children (NCMEC) sent a lead to Homeland Security Investigations (HSI) that on April 26, 2013, an individual operating a particular Dropbox account uploaded five files that contained child pornography.
On April 2, 2014, a search warrant was executed at the defendant’s residence. Myers made a number of admissions during the course of an interview with HSI agents. He stated that he watched and downloaded child pornography and preferred images of children between the ages of 12 and 14. He admitted to a pattern of binging on child pornography for three to four days and then breaking his addiction for months. Agents seized 16 forms of electronic media from Myers’ home and, through analysis, found approximately 500 images and more than 50 videos of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations (“HSI”) and was prosecuted by Special Assistant United States Attorney Josh A. Davison.
Isleta Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Patrick Carpio, 69, a member and resident of Isleta Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to child sexual abuse and sexual contact charges. Under the terms of his plea agreement, Carpio will be sentenced to 15 to 20 years in federal prison followed by not less than five years of supervised release. Carpio will be required to register as a sex offender after he completes his prison sentence.
Carpio was arrested on May 1, 2015, on a four-count indictment charging him with three counts of abusive sexual contact and one count of aggravated sexual abuse. The indictment charged Carpio with sexually abusing an Indian child who had not reached the age of 12 years on three occasions between Jan. 1999 and Nov. 2002. It also charged Carpio with sexually abusing a second Indian child who was between the age of 12 and 16 years in March 2013. According to the indictment, Carpio committed the crimes in Indian Country in Bernalillo County, N.M. A superseding indictment was filed on Feb. 24, 2016, that charged Carpio with the same offenses.
During today’s proceedings, Carpio pled guilty to Counts 3 and 4 of the superseding indictment charging him with aggravated sexual abuse and abusive sexual contact. In his plea agreement, Carpio admitted engaging in a sexual act with a ten-year-old Indian child in 2002. He also admitted having sexual contact with a 12-year-old Indian child in March 2013. Carpio admitted committing the crimes in the Pueblo of Isleta.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Hyannis Man Sentenced for Purchasing Firearm and Silencer on “Darknet” Using BitcoinRead the Press Release
BOSTON – A Hyannis man was sentenced yesterday in U.S. District Court in Boston in connection with purchasing a firearm and silencer on a “Darknet Market” website, which provides anonymity to users to buy and sell illegal goods.
Justin Moreira, 22, was sentenced by U.S. District Court Judge F. Dennis Saylor, IV to 42 months in prison and three years of supervised release. In November 2015, Moreira pleaded guilty to three counts of being a felon in possession of ammunition and firearms. Moreira had a 2013 felony conviction in Barnstable County for possession of a controlled substance with intent to distribute.
A Darknet Market website is an online market that operates outside the parameters of the traditional Internet, allowing individuals anonymity to buy and sell illegal items, such as firearms and drugs. Such transactions are often conducted for bitcoins, a form of digital currency. Beginning in January 2015, Moreira engaged a federal undercover agent in a series of online messages during which Moreira inquired about the potential purchase of several different firearms. Ultimately, Moreira ordered a Walther PPK/S .380 caliber pistol and silencer from the agent for which he paid the equivalent of $2,500 in bitcoins. Moreira instructed the agent to ship the package to a post office box in Hyannis. Federal agents monitoring the post office box immediately arrested Moreira after he retrieved the package.
United States Attorney Carmen M. Ortiz; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Barnstable Police Chief Paul MacDonald, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Mary B. Murrane of Ortiz’s Criminal Division.
Houston Man Pleads Guilty to Drug Charge Involving Lrgp GangRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Earl Brown, Sr., 54, of Houston, Texas, pleaded guilty to conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine and money laundering conspiracy, before U.S. District Judge Lawrence J. Vilardo. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine.
According to Assistant U.S. Attorney George C. Burgasser, Franklin Richards was a major supplier of cocaine to a drug trafficking organization in Buffalo known as L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. Richards obtained multiple kilograms of cocaine on a regular basis from the defendant Earl Brown which was shipped or transported from the Houston area to Buffalo. Richards then distributed cocaine to Dewayne Gray, who was the leader of the L.R.G.P. organization. Gray then processed much of the cocaine into crack cocaine which was later sold by various L.R.G.P. members. The cocaine was sold at various locations in the Broadway/Fillmore area of Buffalo.
Brown was also involved in money laundering activities. On December 14, 2012, Franklin Richards attempted to send $112,000 in drug proceeds to the defendant but the money was seized at the Buffalo Niagara International Airport.
Brown was arrested along with seven other defendants, all have been convicted.
The plea is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, the New York State Police, under the direction of Major Steven Nigrelli, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for August 3, 2016 at 10:00 a.m. before Judge Villardo.
Houma Man Pleads Guilty to Heroin Distribution ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MICHAEL ROSS, a/k/a “Mikey,” age 36, of Houma, pled guilty today one count of conspiracy to distribute and to possess with the intent to distribute 100 grams or more of heroin.
According to court documents, ROSS was a heroin distributor in the Houma area. Agents with the Drug Enforcement Administration (DEA) learned that ROSS worked with two other individuals in Houma, WILLIAM DANIELS and TYNISHA JONES, in selling heroin. ROSS would drive to New Orleans every three to four days to obtain heroin for resale. On July 28, 2014, ROSS and JONES were arrested by Louisiana State Troopers in Terrebonne Parish while traveling back from New Orleans. Troopers found them to be in possession of just over 29 grams of heroin.
ROSS faces a minimum term of imprisonment of five years and a maximum of forty years. He also may be fined up to $5,000,000 fine, and at least four years of supervised release. U.S. District Judge Jane Triche Milazzo set sentencing for August 4, 2016. DANIELS and ROSS are scheduled for trial on June 20, 2016.
U.S. Attorney Polite praised the work of the DEA’s New Orleans Field Office, along with the assistance of the Louisiana State Police and the Terrebonne Parish Sheriff’s Office, in investigating this matter. Assistant United States Attorney Matthew Payne is in charge of the prosecution.
Honduran National Sentenced for Illegal Reentry into the United StatesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NAPTALI ESCOBAR-ARTURO, age 37, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Indictment for illegal reentry of a removed alien.
U.S. District Judge Eldon E. Fallon sentenced ESCOBAR-ARTURO to seven months in prison, to be followed by one year of supervised release, and a $100 special assessment. Following completion of his sentence, ESCOBAR-ARTURO will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to the Indictment, ESCOBAR-ARTURO was found by Border Patrol agents in the Eastern District of Louisiana after records showed he had been previously deported from the United States to Honduras on October 13, 2009, September 30, 2010, and June 9, 2014.
U.S. Attorney Polite praised the work of Border Patrol agents in investigating this matter. Assistant U.S. Attorney Gregory M. Kennedy was in charge of the prosecution.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALEX OBDULIO CRUZ-MATUTE, age 45, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the Indictment, CRUZ-MATUTE reentered the United States after he was previously deported on October 11, 2007. If convicted, CRUZ-MATUTE faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Gardena-Based Pimp Faces Life in Federal Prison for Trafficking Seven Children Forced or Coerced to Work as ProstitutesRead the Press Release
LOS ANGELES – A Gardena man has been found guilty of 14 felony counts for trafficking seven girls who worked as prostitutes, several of whom worked under threats of force, fraud or coercion.
Laron Carter, also known as “Birdd” and variations of that moniker, 39, was found guilty yesterday afternoon by a federal jury in Los Angeles.
Following a five-day trial, the jury convicted Carter of seven counts of sex trafficking of a minor by force, fraud or coercion, and seven counts of transporting a child to engage in prostitution.
The evidence at trial showed that Carter trafficked girls as young as 13 and subjected some of them to beatings, which included victims being punched in the face and whipped with a belt.
The case was tried before United States District Judge Virginia Phillips, who is scheduled to sentence Carter on July 18. At sentencing, Carter will face a mandatory minimum sentence of 15 years in federal prison and a statutory maximum sentence of life without parole.
“The evidence at trial showed that Mr. Carter bragged about being a ‘pimp,’ and that he forced girls through violence and coercion to sell their bodies for his profit,” said United States Attorney Eileen M. Decker. “No child should ever be subjected to this type of exploitation, which will forever haunt them and immeasurably alter their lives. This prosecution demonstrates law enforcement’s commitment to combating human trafficking on multiple fronts, including both traffickers like Carter and customers, while supporting the victims of exploitation.”
The case against Carter stemmed from the rescue of a 16-year-old girl in 2013. The victim told investigators from the Los Angeles County Sheriff's Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) that she had been recruited by Carter to travel from Minneapolis to Los Angeles. When she arrived in Southern California, Carter forced her into prostitution. As part of his activities, Carter took this victim to a hotel in El Segundo and advertised her services on backpage.com. The victim “ran away at one point, but she found herself lost with no money and returned,” according to a trial memorandum filed in this case. “When she returned, defendant beat her and whipped her with a belt for leaving.”
After this victim was rescued, investigators located six other girls – one of whom was only 13 – who had been coerced or physically forced into prostitution by Carter between 2003 and 2010.
During the trial, the jury saw Facebook postings in which Carter described himself as a “cross country pimp” who worked for “Pimpin International.” The jury also saw photos of tattoos with the “Birdd” moniker that victims were forced to get.
“This verdict and the possible life prison sentence it carries should give solemn pause to anyone considering selling minors for sex,” said Joseph Macias, special agent in charge for HSI Los Angeles. “Those who sexually exploit young people for financial gain show that greed has no bounds. HSI will continue to work closely with its law enforcement partners and prosecutors to protect those who cannot protect themselves.”
Former Postal Worker Sentenced for Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BRIAN CARTER, age 41, of Kenner, was sentenced today after previously pleading guilty to stealing gift cards from the mail while delivering the mail on his postal route.
U.S. District Judge Eldon E. Fallon sentenced CARTER to twelve months of probation and a $100 special assessment. Additionally, CARTER was ordered to pay $105 in restitution to the victims of the theft.
According to court documents, CARTER was employed as a Postal Carrier in Kenner. A federal investigation revealed that in June and July 2013, CARTER stole first class mail containing various gift cards totaling $105 from his mail route.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, Office of Inspector General, in investigating this matter. Assistant U.S. Attorney Sharan Lieberman was in charge of the prosecution.
Former Carbondale Postal Carrier Pleads Guilty to Mail TheftRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today, that Michelle L. Leggans, 36, of Murphysboro, Illinois, pled guilty in federal court to two counts of mail theft. Sentencing has been set for August 10, 2016. Leggans will face up to 5 years in prison, a fine of up to $250,000, and up to 3 years of supervised release.
During her plea hearing, Leggans admitted that while she was working as a postal mail carrier for the Carbondale Post Office in 2012, she stole two items of mail. One item was gift card from Kohl’s Department Store; the second item was a parcel from eBay.
The investigation was conducted by the U.S. Postal Service, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney William E. Coonan.
Federal Jury Convicts Jacksonville Woman of Passport FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Syteria Hephzibah (62, Jacksonville) guilty of making a false statement on a passport application. She faces a maximum penalty of 10 years in federal prison. A sentencing hearing is scheduled for August 15, 2016. Hephzibah was indicted on February 18, 2015.
According to testimony and evidence presented at trial, Hephzibah submitted a passport application at a Putnam County Clerk’s Office using the name “Highly Favored Shekinah El.” To establish her identity in that name, she submitted a document that appeared to be a “Diplomat – Nationality Identification Card” and a name change document that appeared to have been issued by a court or other governmental body. Although Hephzibah was not a diplomat and the name change document had not been issued by any government agency, she signed the passport application under a declaration that she had not made false statements or submitted false documents in support of the application.
This case was investigated by the Department of State’s Diplomatic Security Service. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Elyria man indicted for child pornography violationRead the Press Release
Brian C. Sanner, 25, of Elyria, was charged with receiving visual depictions of real minors engaged in sexually explicit conduct, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
The indictment charges that on or about April 22, 2015, through on or about August 27, 2015, in the Northern District of Ohio, Eastern Division, and elsewhere, Sanner did knowingly receive in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum. This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Ohio Internet Crimes Against Children Task Force, Cleveland Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Elyria man charged for having child pornographyRead the Press Release
David H. Six, 56, of Elyria, was charged with possessing child pornography, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
The Indictment charges that on or about August 27, 2015, images of child pornography were found on a PNY thumb drive in Six’s possession.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Ohio Internet Crimes Against Children Task Force, Cleveland Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Donna Young Pleads Not Guilty to Bankruptcy MisrepresentationRead the Press Release
The United States Attorney for the District of Vermont announced that Donna Young, 67, of Wilmington, pleaded not guilty today in United States District Court in Burlington to charges that she made false statements under penalty of perjury in three bankruptcy cases she filed. U.S. Magistrate Judge John M. Conroy released Young on conditions pending trial, which has not been scheduled.
On April 13, 2016, a federal grand jury in Rutland returned a three-count false statement indictment against Young. Young was arrested on that charge today. According to the indictment, on two dates in 2013 and a third time in October 2014, Donna Young filed bankruptcy petitions in the U.S. Bankruptcy Court for Vermont. The petitions were fraudulent because they were filed in the name of Donna Young's daughter, Kelli-Ann Young, without Kelli-Ann’s knowledge or consent. According to the indictment, Donna Young forged Kelli-Ann Young’s signature on each of the petitions, which she swore to under penalty of perjury. At the time the petitions were filed, there was a foreclosure and eviction proceeding pending in Vermont state court involving a property in West Dover that Kelli-Ann Young had at one time owned. Donna Young was living in the West Dover house during the foreclosure and the filing of the bankruptcy petitions automatically stayed those eviction proceedings.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until she is proven guilty.
If convicted, Donna Young faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Federal Bureau of Investigation.
Young is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Disbarred Illinois Attorney Sentenced to More Than Four Years in Prison for Deceiving Homeowners in Mortgage Fraud SchemeRead the Press Release
CHICAGO ― A disbarred Illinois lawyer has been sentenced to more than four years in federal prison for her role in a mortgage fraud scheme that bilked lenders and vulnerable homeowners out of more than $725,000.
AVALON BETTS-GASTON contrived fraudulent real estate transactions to defraud homeowners and financial institutions. She and a co-defendant, Dimona Ross, arranged for the submission of materially false information on mortgage loan documents in four Cook County real estate transactions worth more than $725,000.
A federal jury last year convicted Betts-Gaston, 47, of Naperville, on two counts of wire fraud. In addition to the 57-month prison term, U.S. District Judge Charles R. Norgle yesterday ordered Betts-Gaston to pay restitution in the amount of $239,550.48.
“This case demonstrates a sophisticated scheme to take advantage of the trust that mortgage lenders placed in the loan applications they received, and the trust that the homeowners placed in her,” Assistant U.S. Attorney Stephen Chahn Lee argued in the government’s sentencing memorandum. “The homeowners believed that she was there to help them, and instead she put their homes and equity at risk.”
Betts-Gaston graduated from law school and was admitted to the Illinois bar in 2000. Ross was a licensed real estate loan officer. Together they founded IJCN Investments, which was based in Chicago Ridge and purportedly helped distressed homeowners refinance their homes to avoid foreclosure.
IJCN was involved in various Cook County real estate transactions, with Betts-Gaston handling the legal aspects and Ross obtaining the mortgages. Evidence at trial revealed that instead of refinancing the homes, the defendants arranged for the properties to be sold to a straw buyer. In doing so, the pair submitted false applications for mortgage loans, eradicated the homeowners’ legal rights in their properties, and obtained all of the homeowners’ equity. Betts-Gaston and Ross received fees for the deals, and the straw buyers were paid thousands of dollars.
IJCN was dissolved in 2008, and Betts-Gaston was disbarred in 2012.
Ross pleaded guilty to one count of wire fraud. She is scheduled to be sentenced by Judge Norgle on May 11, 2016, at 10:00 a.m.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
The government is represented by Mr. Lee and Assistant U.S. Attorney Timothy Storino.
Detroit drug dealer sentenced to Federal prison for heroin crimeRead the Press Release
CHARLESTON, W.Va. – A Detroit heroin dealer was sentenced today to four years and nine months in federal prison for a drug crime, announced Acting United States Attorney Carol Casto. Robert James Bellamy, 32, previously pleaded guilty in December 2015 to distribution of heroin.
On October 22, 2014, officers with the Charleston Police Department’s Special Enforcement Unit used a confidential informant to purchase heroin from Bellamy in the Kanawha City area of Charleston. On three additional occasions, law enforcement conducted controlled purchases of heroin either directly from Bellamy or from an associate working at his direction. Bellamy admitted that from January through December 2014, he distributed at least 400 grams of heroin in and around Kanawha County.
Bellamy’s co-defendant, Andre Perryman, another Detroit drug dealer, was sentenced in January 2016 to a year and a day for aiding and abetting the distribution of heroin.
The investigation was conducted by the Charleston Police Department’s Special Enforcement Unit. Assistant United States Attorney Haley Bunn is handling the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Dallas Man Sentenced to 10 Years in Federal Prison in Enticement CaseRead the Press Release
DALLAS — Jack Marty Taylor, 60, of Dallas, was sentenced this afternoon by U.S. District Judge Jane J. Boyle to 120 months in federal prison, following his conviction at trial in November 2015 on one count of attempted enticement of a minor, announced U.S. Attorney John Parker of the Northern District of Texas.
Taylor has been in federal custody since his conviction.
On September 16, 2014, Taylor posted a Backpage advertisement entitled, “Sugar Dad looking for his son – 50.” Taylor stated he was looking for a younger guy for companionship and stated, “You must be 18-30ish…I’m looking for companionship and love.” In return for that, Taylor offered to “give you a nice, safe place to live, 3 meals a day, spending money, clothing, shoes, etc.”
On September 17, 2014, at 12:33 p.m., a detective with the Garland Police Department, posing as a 14-year-old boy, responded to the advertisement via email. Several emails transpired in which Taylor suggested they communicate via text messaging. As the text messaging began, Taylor asked more about the boy’s age, confirmed he was a minor, where he lived, and what school he attended. Taylor almost immediately began to text the boy about meeting and what they would do when they met. Taylor exchanged numerous text messages with the boy, including sexually explicit text messages, throughout the day.
Between September 17, 2014, and February 4, 2015, Taylor suggested meeting the boy in person 40 times, and each time the boy avoided meeting Taylor. In fact, after just three hours of emails and texts with the boy, and after repeatedly suggesting that the two meet, Taylor texted, “I was scared of you at first. I thought maybe you were a cop.” On February 4, 2015, the day Taylor and the boy were set to meet, Taylor again asked him if he was a cop. Taylor indicated he had experience in these types of matters and advised, “That’s an important thing to ask when you’re meeting someone for the first time.” Law enforcement arrested Taylor on February 4, 2015, at the agreed meeting location.
This year marks the 10th anniversary of the Project Safe Childhood (PSC) initiative. PSC is a department initiative launched in May 2006 that aims to combat the proliferation of technology- facilitated sexual exploitation crimes against children. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, tribal and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. Since FY 2011, the Department of Justice has filed 20,260 PSC cases against 19,111 defendants. These cases include prosecutions of child sex trafficking; sexual abuse of a minor or ward; child pornography offenses; obscene visual representation of the sexual abuse of children; selling or buying of children; and many more statutes. To learn more about PSC’s work, please visit: https://www.justice.gov/psc.
For more information regarding the National Strategy to Combat Child Exploitation, Prevention and Interdiction, please visit: https://www.justice.gov/psc/national-strategy-child-exploitation-prevention-and-interdiction.
The Garland Police Department and the FBI investigated the case. Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
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DEA's National Prescription Drug Take-Back DayRead the Press Release
SATURDAY APRIL 30th
Twice-annual event takes place from 10 a.m. to 2 p.m.
Boston, MA – During the last and 10th National Prescription Drug Take-Back Day the New England Field Division over the course of four hours collected 67,107 pounds of expired, unused and unwanted prescription drugs at 596 collection sites throughout New England. The U.S. Drug Enforcement Administration (DEA) is continuing its efforts to take back unused, unwanted and expired prescription medications. The DEA invites the public to bring their potentially dangerous, unwanted medicines to one of the hundreds of collection sites all over New England. Many local Police Departments across Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont have drop off receptacles or kiosk that is secured in the lobby of their Police Departments so that the public can drop off unused, unneeded, and expired prescription medications 7 days a week throughout the year with no questions asked in an anonymous manner. There will also be numerous collection sites all over New England on April 30, 2016 in some Town Halls, Senior Centers, Community Centers and pharmacies. The public can find a nearby collection site by visiting www.dea.gov clicking on the “Got Drugs” icon, and entering the zip code into the search window, or they can call 800-882-9539.
All across America and especially here in New England we are experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers. 6.5 million Americans abuse prescription drugs, according to the most recent National Survey on Drug Use and Health, which is more than abuse cocaine, heroin, and hallucinogens combined.
"Many Americans are not aware that medicines which languish in home cabinets are highly vulnerable to diversion, misuse, and abuse," said DEA Special Agent in Charge Michael J. Ferguson. "Rates of prescription drug abuse in the U.S. are at alarming levels, as are the number of accidental poisoning and overdoses due to the illegal use of these drugs. Please take the time to clean out your medicine cabinet and make your home safe from drug theft and abuse."
“While medications are necessary to treat illness, we need to be careful that they do not fall into the wrong hands,” said United States Attorney, District of New Hampshire Emily Gray Rice. “The DEA's Drug Take-back Day is a great opportunity to keep the public safe by properly disposing of unused prescription medication, and I encourage everyone to participate.”
Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The removal from homes of unwanted prescription pills that can be abused, stolen or resold is an easy way to help fight the epidemic of substance abuse and addiction.
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DEA's 11th National Prescription Drug Take-Back Day is Saturday April 30thRead the Press Release
Boston, MA – The U.S. Drug Enforcement Administration (DEA) is continuing its efforts to take back unused, unwanted and expired prescription medications with it 11th National Prescription Drug Take-Back Day. On April 30, between 10 a.m. and 2 p.m., the DEA invites the public to bring their potentially dangerous, unwanted medicines to one of the hundreds of collection sites all over New England.
The public can find a nearby collection site by visiting www.dea.gov clicking on the “Got Drugs” icon, and entering the zip code into the search window, or they can call 800-882-9539.
All across America and especially here in New England we are experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers. 6.5 million Americans abuse prescription drugs, according to the most recent National Survey on Drug Use and Health, which is more than abuse cocaine, heroin, and hallucinogens combined.
Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The removal from homes of unwanted prescription pills that can be abused, stolen or resold is an easy way to help fight the epidemic of substance abuse and addiction.
“Many Americans are not aware that medicines which languish in home cabinets are highly vulnerable to diversion, misuse, and abuse,” said DEA Special Agent in Charge Michael J. Ferguson. “Rates of prescription drug abuse in the U.S. are at alarming levels, as are the number of accidental poisoning and overdoses due to the illegal use of these drugs. Please take the time to clean out your medicine cabinet and make your home safe from drug theft and abuse.”
“The opioid epidemic has tragically struck in Connecticut as it has in many other parts of our country,” said Deirdre M. Daly, U.S. Attorney for the District of Connecticut. “Hundreds of families from all over our state have lost loved ones to drug overdoses. The numbers of deaths are increasing and far too often the abuse started with painkillers or other prescription narcotics. Again and again, we find victims who were injured and became addicted to legally-prescribed opioids, or family members and friends who experiment with leftover pills they find in medicine cabinets. You may be surprised by the quantity and types of drugs you have in your home. I strongly urge you to collect all of your excess drugs and dispose of them this Saturday at one of nearly 70 locations across our state. By doing so, you may be saving someone close to you from addiction, or much worse.”
During the last and 10th National Prescription Drug Take-Back Day, the New England Field Division over the course of four hours collected 67,107 pounds of expired, unused and unwanted prescription drugs at 596 collection sites throughout New England.
Many local police departments across Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont maintain drop-off receptacles so the public can dispose of unused, unneeded and expired prescription medications seven days a week throughout the year with no questions asked.
For more information contact:
Special Agent Tim Desmond
Drug Enforcement Administration
New England Field Division
617-557-2463DEA Taking Back Unwanted Prescription Drugs at 103 Locations in New Mexico on SaturdayRead the Press Release
ALBUQUERQUE – After collecting and destroying 5.5 million pounds – 2,762 tons – of unused prescription drugs in the past five years, the DEA is continuing its efforts to take back unused, unwanted and expired prescription medications. The U.S. Attorney’s Office and the University of New Mexico’s Health Sciences Center are supporting DEA’s National Take Back Initiative as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
On Saturday, April 30, 2016, from 10:00 a.m. to 2:00 p.m., the DEA will give the public its 11th opportunity in six years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. DEA and more than 50 of its law enforcement partners will staff 103 Drug Take Back collection sites in New Mexico.
The public can find a nearby Drug Take Back collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and entering their zip code into the search window, or they can call 800-882-9539. Only pills and other solids, like patches, will be accepted at DEA Drug Take Back collection sites – the public should not bring liquids, needles or other sharp items to take back sites. This service is free and anonymous, no questions asked.
“America is experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers, and New Mexico has the second highest drug overdose death rate in the country,” said U.S. Attorney Damon P. Martinez. “Properly disposing of unused prescription drugs is a simple and easy way for all of us to help fight this deadly epidemic.”
“We here at the UNM Health Sciences Center completely support the DEA’s National Take Back Initiative,” said Dr. Paul Roth, Chancellor of the UNM Health Sciences Center. “We're committed to working with all our HOPE Initiative partners to eliminate the epidemic of drug addiction, overdoses and deaths that has brought heartache to so many families in our state."
“Prescription drug abuse has reached epidemic proportions in the United States, and many addicts get their start in the family medicine cabinet,” said Assistant Special Agent in Charge Sean R. Waite of the DEA’s Albuquerque District Office. “DEA’s National Take Back Initiative offers a safe way for New Mexicans to dispose of their unwanted prescription drugs. Through this initiative, we ask for the public’s help in reducing the threat that these drugs pose to the health and safety of our communities.”
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic that has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with Bernalillo County, DEA, Healing Addiction in our Community (HAC) and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Crossville, Tennessee Woman Indicted in Jamaican Lottery ScamRead the Press Release
A federal grand jury in Nashville, Tenn., returned a 15-count indictment yesterday charging Betty J. Ketchum, 34, of Crossville, Tenn., in connection with the operation of a fraudulent “Jamaican” lottery scheme, Announced David Rivera, U.S. Attorney for the Middle District of Tennessee. The indictment includes charges of mail fraud, wire fraud, conspiracy to commit money laundering and international promotional money laundering.
The indictment alleges that, from February 2013 through January 2016, Ketchum and other individuals with whom she conspired engaged in a “Jamaican” lottery scheme designed to induce elderly victims throughout the United States to send money to cover fees and taxes for purported lottery or sweepstakes winnings. The indictment charged that Ketchum received money from victims of the scheme, sometimes kept a portion for herself, and then forwarded the remainder to co-conspirators in Jamaica. The indictment further alleges that Ketchum used several aliases to conceal her identity from victims and when wiring money to the Caribbean. The victims, who never received any lottery winnings, mailed or wired money to Ketchum from locations across the United States.
The indictment contains allegations of numerous victims sending various amounts of money to Ketchum and in one instance a resident of Tellico Plains, Tenn. sent her a check for $7500.00.
If convicted, Ketchum faces a maximum sentence of 5 years in prison for conspiracy to commit mail fraud and wire fraud. All other charges carry a maximum of 20 years in prison on each count.
An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
This case is being investigated by agents with the United States Postal Inspection Service. Assistant U.S. Attorney Stephanie N. Toussaint is prosecuting the case.
Cove Man Sentenced to 80 Months in Prison for Assault with a Dangerous WeaponRead the Press Release
PHOENIX – On April 27, 2016, Sterling Sonny Yazzie, 41, of Cove, Arizona, a member of the Navajo Nation, was sentenced by U.S. District Judge Diane J. Humetewa to 80 months in prison. Yazzie had previously pleaded guilty to assault with a dangerous weapon.
On July 27, 2015, Yazzie engaged in a verbal and physical fight with the victim, also a member of the Navajo Nation. Yazzie grabbed an axe and struck the victim in the leg and body with the axe handle. The victim suffered severe pain and numerous large contusions on his legs that made it extremely difficult for him to walk. The incident occurred on the Navajo Nation Indian Reservation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Police Department. The prosecution was handled by Kiyoko Patterson, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-15-8189-PCT-DJH
RELEASE NUMBER: 2016-037_Yazzie
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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.
Columbus Man Sentenced for Filing False Tax Returns While in Federal PrisonRead the Press Release
COLUMBUS, Ohio – Malek B. Aliane, 34, previously of Columbus, was sentenced in U.S. District Court on one count each of mail fraud and presenting false claims to the Internal Revenue Service (IRS).
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, James Vanderberg, U.S. Department of Labor Office of Inspector General, and Assistant Inspector in Charge Christopher White of the U.S. Postal Inspection Service’s (USPIS) Cincinnati Field Office, announced the sentence handed down by U.S. District Judge Gregory L. Frost.
Aliane was sentenced to 36 months in prison, three years of supervised release, and was ordered to pay $90,297.26 in restitution to the IRS.
According to court documents, from 2013 through 2015, while in federal prison or on supervised release, Aliane filed false personal income tax returns, false personal amended income tax returns, and false corporate income tax returns with the IRS. He filed six returns in total which claimed false tax refunds through fraudulent federal income tax withholdings. Aliane created fictitious W-2 and 1099 forms setting forth large federal tax withholding amounts.
In 2013 and 2014, while in prison, Aliane mailed paper returns to the IRS. In 2015, while on supervised release, he electronically filed the returns.
Three false Forms 1040 and/or Forms 1040X for the tax years 2012, 2013 and 2014 claimed a total of $94,133.87 in bogus refunds. The other three were false Forms 1120 for Aliane’s business, MB Aliane Real Estate, LLC, for the years 2012, 2013 and 2014 claiming $422,185.00 in false refunds.
Also, from February 1, 2015, through June 23, 2015, Aliane used personal identification information of other individuals in order to file false, fictitious and fraudulent unemployment insurance (UI) applications with the Ohio Department of Job and Family Services (ODJFS) upon the purported employer account of JLB Financial Group.
On May 12, 2015, Aliane registered the fictitious employer account of JLB Financial Group with the ODJFS. This employer account was registered with backdated liability dates and no contributions having been paid. Seven individuals were listed as employees of JLB Financial Group with wages from the first quarter of 2014 through the first quarter of 2015; however, those seven individual employees were all incarcerated before and during the aforementioned wage period. None of them ever actually worked for JLB. Seven individual UI claims were filed on the business account, and the government contends that the potential unemployment benefits to be paid on those claims totals $77,168
“The schemes perpetrated by Mr. Aliane systematically defrauded the government and the taxpaying public,” said Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “At the IRS, protecting taxpayer money is a matter we take very seriously. IRS Criminal Investigation will continue to vigorously pursue those who unjustly enrich themselves by preparing false claims for refunds.”
Acting U.S. Attorney Glassman commended the cooperative investigation by the IRS-CI, Department of Labor and USPIS, as well as Assistant United States Attorney Daniel Brown, who is representing the United States in this case.
Cleveland man indicted for three bank robberiesRead the Press Release
A grand jury returned a three-count indictment charging Omar A. Hasan, 55, of Cleveland, with three counts of bank robbery, said Carole S. Rendon, Acting U.S. States Attorney for the Northern District of Ohio.
The indictment alleges that on November 6, 2015, Hasan robbed the KeyBank, 3110 West 117th Street, of $2,369. On December 11, 2015, Hasan robbed the Ohio Savings Bank, 1866 West 25th Street, of $3,938. On March 21, 2016, Hasan robbed the US Bank, 1958 West 25th Street, of $4,543. All three banks were located in Cleveland and all were federally insured financial institutions at the time of each robbery.
If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Benedict S. Gullo. The case was investigated by the Federal Bureau of Investigation and the Cleveland Division of Police.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cape Coral Woman Pleads Guilty to 18-Year Conspiracy to Steal Government Assistance FundsRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that Rose Ann Labarbera (61, Cape Coral) has pleaded guilty to theft of government funds involving the U.S. Department of Housing and Urban Development (HUD), Housing Choice Voucher Program (HCV). She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, from at least January 1997 through November 2012, Labarbera posed as her husband’s (Ronald Raiola) landlord in order for Raiola to receive HUD HCV housing assistance subsidies to which they were not entitled. Labarbera took steps to conceal Raiola's true identity in order to continue receiving HUD funds. She also submitted, and caused to be submitted to HUD, documents containing material misrepresentations and false statements.
Labarbera and Raiola concealed their marital relationship, income, assets, and ownership interests in residential properties in New York and Florida from HUD so that Raiola could continue to receive HCV Program housing assistance subsidiaries.
Raiola is scheduled for trial in June 2016.
This case was investigated by the U.S. Department of Housing & Urban Development - Office of Inspector General, and the Social Security Administration - Office of Inspector General, with assistance from the Lee County Sherriff’s Office’s Economic Crimes and Special Operations Units, the City of Fort Myers Housing Authority, the New York City Housing Authority, and the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorney David G. Lazarus.