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Friday 4 March 2016
Barbara Grice Sentenced Following Guilty Plea to A Federal Firearm Charge of Possession of A Firearm in A School ZoneRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Barbara Grice of Foley, Alabama, was sentenced to 36 months imprisonment following a November 2015 guilty plea to a charge of possession of a firearm in a school zone.
On February 25, 2015, the Baldwin County Sheriff’s Office (BCSO) received an active shooter call at the Elberta Elementary School at approximately 1:25 p.m. Grice had gained entry to the cafeteria area of the school where her sister was employed. Grice was armed with a loaded .38 caliber revolver which she pointed at her sister. Grice discharged the firearm.
BCSO Deputies and Elberta Police Department Officers arrived on the scene and saw Grice walking toward vehicles in the back parking lot. They yelled for her to stop and when she turned to face them they saw a pistol in her right hand, down at her side. Grice was ordered several times to put the firearm down, and she ultimately complied. Grice was ordered to walk away from the weapon and lay on the ground.
Possession of a firearm in a school zone is a violation of Title 18, United States Code Section 922(q)(2)(A). After hearing emotional statements from a number of teachers and school employees, and considering the contents of letters submitted by other teachers at the school, Chief United States District Court Judge William H. Steele upwardly departed from the sentencing guideline range in imposing the thirty-six month sentence, which will be followed by a 3 year term of supervised release. During the sentencing hearing Judge Steele noted that Grice has serious charges pending in Baldwin County as a result of this event. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Baldwin County Sheriff’s Office and the Elberta Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Allen University Track Coach Found Guilty of Preparing Fraudulent Tax ReturnsRead the Press Release
Contact Person: T. DeWayne Pearson (803) 929-3000
Columbia, SC - United States Attorney Bill Nettles stated that Brandon Jamar Samuels age 31 of Columbia, South Carolina, was found guilty after a jury trial of conspiracy to defraud the United States in violation of Title 18, United States Code, Section 371. According to testimony presented during the trial, Samuels and his co-defendants prepared fraudulent tax returns for customers of Daitech Tax Service between 2008 and 2011. Witnesses testified that Samuels instructed them on how to claim bogus business expenses and other deductions on their tax returns in an effort to decrease their tax liability and artificially increase their tax refund. Other witnesses testified that Samuels made fraudulent claims on tax return forms without the customers’ knowledge.
Special Agent in Charge Thomas J. Holloman said, "The IRS, Criminal Investigation is committed to holding unscrupulous tax return preparers accountable for the false information they add to client returns." Sentencing in the case has not yet been scheduled, but Samuels faces a maximum penalty of five years of imprisonment and a fine of $250,000. The case was investigated by Special Agents with the Internal Revenue Service (IRS). The case was prosecuted by Assistant United States Attorney T. DeWayne Pearson and John Potterfield of the Columbia office.
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7 Ordered to Federal Prison for Extensive Marijuana Grow House OperationRead the Press Release
HOUSTON – Three leaders and four others have been ordered to federal prison for their roles in a hydroponic marijuana growing conspiracy operating in and around Houston, announced U.S. Attorney Kenneth Magidson. All had previously entered guilty pleas in the case.
Dang Hai Nguyen, 37, and his wife, Carry Le, 40, both had pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and each received sentences of 120 months in federal prison. Le’s brother - Son Kim Le, 42 – had pleaded to conspiracy to maintain a place of manufacturing and was sentenced to a 108-month-term of imprisonment. The court had found that these were the leaders in the organization. Nguyen coordinated the overall grow operation, while Carry Le controlled the finances. Son Kim Le worked in sales and operations.
Also sentenced today were Lam Thanh Ho, 45, who was convicted of conspiracy to maintain a place of manufacturing, Hien The Nguyen, 29, who pleaded to conspiracy to possess with intent to distribute a controlled substance and Tuan Anh Le, 42, and Tuan Anh Nguyen, 46, who both pleaded guilty to possession with intent to distribute a controlled substance. Tuan Anh Le, Tuan Anh Nguyen and Ho all received 24-month sentences, while Hien The Nguyen was ordered to serve a 34-month-term of imprisonment.
The final defendant charged in the case - Minh Quang Hoang Nguyen, 35 – will be sentenced April 8, 2016.
Law enforcement began investigating in August 2011. Shortly thereafter, law enforcement executed search warrants at three locations and seized more than 1000 marijuana plants. Further investigation led to the full scope of this hydroponic marijuana cultivation and distribution organization which was headed by Dang Hai Nguyen and his wife, Carry Le.
On May 2, 2013, agents executed search and arrest warrants at eight locations. Five of the locations were active hydroponic marijuana grow facilities that contained an aggregate of 1,754 hydroponically-grown marijuana plants. Multiple defendants had been residing at two of the other locations.
The grow houses shared common characteristics. They were uniformly equipped with covered windows to prevent light from coming in or interior lights shining out. The houses had extensive duct work located inside the grow rooms for ventilation and fans to aid air circulation and exhaust were set up and in open view throughout each of the houses. The houses had secondary, illegally installed electrical circuit boxes that bypassed the utility company’s meters, which both enabled the defendants to steal electric current and also prevented the utility provider from noticing the excessively high power consumption that indoor marijuana cultivation requires.
The houses exhibited an overwhelming marijuana odor and high-intensity grow lights could be easily seen hanging directly above the growing plants. Anyone entering the locations could easily know what was occurring inside.
Only insiders were permitted to enter the houses. Generally, the director or overseer of a particular grow house would pay for the expenses associated with that house’s operation and the salary of the house’s “tender.” Tenders received a salary of $1000-$2000 with a possible bonus after harvest. Alternatively, the tenders might receive a lump sum percentage of 35% of the proceeds and an additional 15% if the house was leased in his/her name.
Co-conspirators often assisted one another by converting leased residences into grow houses, providing training and instruction on tending the plants, arranging for delivery of products or equipment necessary for cultivation and dismantling grow houses, among other things.
Carry Le, Minh Quang Hoang Nguyen, Son Kim Le and Tuan Anh Le were utility subscribers for four of the houses. Hien The Nguyen, Minh Quang Hoang Nguyen and Ho tended grow houses and assisted with purchasing and distributing supplies among the houses. Tuan Anh Le and Tuan Anh Nguyen also tended the houses.
The charges were the result of an investigation conducted by the Drug Enforcement Administration, Texas Department of Public Safety, sheriff’s offices in Harris and Ft. Bend Counties and the Houston Police Department. Assistant U.S. Attorney Michael Kusin is prosecuting the case.
2nd Fairfax Man Sentenced for His ROle in Amtrak Wreck ConspiracyRead the Press Release
Contact Person: Stacey Haynes (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated that Deon Dovell Roberts, age 35, of Fairfax, South Carolina was sentenced to 21 months imprisonment in federal court. On November 2, 2015, Roberts plead guilty to conspiracy to commit wire fraud/cause a train wreck/interfere with a train operator and to interfering with the operation of a train, all in violation of Title 18, United States Code, Sections 371 and 1992(a)(6). United States District Judge J. Michelle Childs sentenced Roberts to 21 months imprisonment to be followed by 3 years of federal supervised release on each charge, to run concurrently, and ordered Roberts to make restitution to Amtrak in the amount of $46,690.27. During the sentencing hearing, Judge Childs stated that this was “a serious crime” and that Robert’s request for a probationary sentence was not appropriate due to the “significant nature of this crime and potentially what could have happened.”
Evidence presented during the earlier guilty plea hearing showed that during the early morning hours of September 6, 2013, Roberts and James Duvall Love parked a car at Bakers Mill Crossing in Allendale, South Carolina, in the path of an oncoming Amtrak passenger train, got out of the car prior to the collision, and then returned to the car after the collision, feigning injury, all for the purpose of submitting bogus claims for personal injuries and other losses. Robert’s co-defendant James Duvall Love age 34, of Fairfax, South Carolina also plead guilty to the charge of conspiracy to commit wire fraud/cause a train wreck/interfere with a train operator and to a separate felon in possession of a firearm charge and was sentenced to 46 months imprisonment in January 2016.
The case was investigated by the Federal Bureau of Investigation, Amtrak Office of Inspector General, Bureau of Alcohol, Tobacco and Firearms, the Fairfax Police Department, and the Allendale County Sheriff’s Department. Assistant United States Attorneys Eric Klumb and Stacey D. Haynes of the Columbia office handled the prosecution of the case.#####
Thursday 3 March 2016
Woodbridge Man Convicted of Attempted Coercion and Enticement of a MinorRead the Press Release
ALEXANDRIA, Va. – James Aubrey Brown, IV, 40, of Woodbridge, was convicted today by a federal jury on charges of attempted coercion and enticement of a minor.
According to court records and evidence at trial, Brown responded to a Craigslist ad purportedly posted by a 13 year-old girl living on Marine Corps Base Quantico. Over a period of 12 days and an exchange of over 275 emails, Brown repeatedly pressed the girl to meet and engage in sexual acts, including oral and vaginal sex. He also solicited nude photos of the girl. Ultimately, he arranged to come to Marine Corps Base Quantico to have sex with the girl. Over email, he directed her as to what to wear and what do when he arrived. On the morning of Sept. 14, 2015, Brown arrived at the meeting location where he was arrested for attempting to persuade a person he believed to be a 13 year-old to engage in sexual activity that would be criminal under the laws of the Commonwealth of Virginia.
Brown was indicted on Dec. 1, 2015, and faces a mandatory minimum of 10 years in prison and a maximum penalty of life in prison when sentenced on June 24, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Darrell Gilliard, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington D.C. Field Office, made the announcement after the verdict was accepted by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Whitney Dougherty Russell and Special Assistant U.S. Attorney Joseph Longobardo are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-342.
Woman Sentenced for Stealing Veterans’ BenefitsRead the Press Release
In San Antonio today, 58-year-old Cornelia V. Hurling was sentenced to 14 months in federal prison for her role in misappropriating veterans’ benefits announced United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, Senior United States District Judge David A. Ezra ordered that Hurling pay $141,734.22 restitution and be placed on supervised release for a period of three years after completing her prison term.
On September 16, 2015, Hurling pleaded guilty before United States Magistrate Judge John W. Primomo to one count of misappropriation by a Veterans Affairs (VA) fiduciary. By pleading guilty, Hurling admitted that from January 2008 to September 2013, having been appointed as a VA fiduciary with responsibilities to receive and manage money for the benefit of veterans who were incompetent or incapable of handling their own affairs, Hurling misappropriated approximately $141,734.22 of the veterans’ benefits and instead used that money for her own benefit.
This investigation was conducted by the Department of Veterans Affairs-Office of Inspector General. Assistant United States Attorney Thomas P. Moore prosecuted this case on behalf of the Government.
Wildlife Trafficking Task Force Releases First Annual Progress ReportRead the Press Release
The Presidential Task Force on Wildlife Trafficking released today, World Wildlife Day, its first Annual Progress Assessment. The report details accomplishments of the Task Force in implementing the U.S. National Strategy for Combating Wildlife Trafficking, as well as future efforts in the fight against this pernicious trade.
Last year was a turning point in the global effort to counter wildlife trafficking. Task Force agencies vigorously carried out the three main objectives of the National Strategy: strengthening enforcement, reducing demand and expanding international cooperation. One multi-year initiative known as “Operation Crash” has led to prosecutions against more than 30 individuals and businesses in U.S. courts, leading to prison terms as long as 70 months and forfeitures as high as $4.5 million.
“The Department of Justice is firmly committed to vigorously prosecuting illegal wildlife trafficking, one of my personal goals,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division. “Each illegally-traded horn or tusk represents not simply an object but a dead animal. We must take the profit out of wildlife trafficking to stop the criminals who are robbing from our children and grandchildren the great diversity of life on our planet.”
Task Force agencies last year trained more than 2,000 enforcement officials around the globe. In countering demand, Task Force campaigns in 2015 reached tens of millions of people in the United States and major markets throughout Asia to dissuade consumers from buying illegal wildlife or wildlife products. A major accomplishment in international cooperation was the September commitment by President Obama and Chinese President Xi Jinping to take timely and significant steps to halt the domestic commercial trade of ivory.
President Obama created the Task Force in 2013, bringing together 17 federal departments and offices in a whole-of-government approach to halt illegal activities that threaten the survival of elephants, rhinos and other iconic species. The Task Force is co-chaired by the Secretaries of State and the Interior and the Attorney General and it is charged with implementing the national strategy issued by President Obama in 2014 and detailed in an implementation plan in 2015.
For a copy of the 2015 Progress Assessment, click here.
White Supremacists Indicted for Murdering Fellow Inmate at Beaumont PrisonRead the Press Release
BEAUMONT, Texas – U.S. Attorney John M. Bales announced today the indictment of two federal inmates charged with killing another inmate in the Eastern District of Texas.
Christopher Cramer, 33, of Ogden, Utah, and Ricky Fackrell, 32, of Vernal, Utah, were named in the two-count indictment charging them with murder and conspiracy to commit murder returned by a federal grand jury today.
According to the indictment, beginning in March 2014, Cramer and Fackrell, inmates of the U.S. Penitentiary in Beaumont, Texas, conspired to murder fellow inmate, Leo Johns. On June 9, 2014, Cramer and Fackrell stabbed Leo Johns to death at the federal prison. All three inmates were members of the white supremacy group, Soldiers of the Aryan Culture.
If convicted, the defendants could receive the death penalty or up to life in federal prison.
This case is being investigated by the Federal Bureau of Investigation and the Bureau of Prisons-SIS. This case is being prosecuted by Assistant U.S. Attorneys John Craft and Joseph R. Batte.
A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Un Contrabandista De Inmigrantes Es Acusado De Secuestrar A Personas Que Buscaban Entrar En Los Estados Unidos Y De Defraudar A Sus Familias En Los Estados UnidosRead the Press Release
FRESNO, Calif. – Un gran jurado federal dictó una acusación formal de 10 cargos hoy contra Martín Carranza-Sánchez, 45 años de edad, y residente de México, acusándolo de secuestrar ciudadanos mexicanos que solicitaban asistencia para entrar en los Estados Unidos sin la documentación necesaria, y que además tenía planeado defraudar a las familias de las personas que buscaban entrar en el país, anunció el Procurador Federal Benjamín B. Wagner. Carranza-Sánchez está acusado de conspiración en la toma de rehenes, de conspiración para cometer el fraude de telegrama y fraude de telegrama, de comunicaciones interestatales para obtener un rescate o una recompensa, y de llevar un arma de fuego durante un crimen violento. Fue arrestado en la frontera el 21 de enero de 2016 y actualmente está bajo custodia federal en Fresno debido a una denuncia previa emitida en este caso.
En la acusación formal se alega que Carranza-Sánchez y otros individuos conspiraron para obtener retribuciones de personas que residen en los Estados Unidos a través de varios medios, incluso el de tomar como rehenes a inmigrantes indocumentados miembros de sus familias y amigos que estaban buscando entrar en los Estados Unidos, y de manifestar falsamente a los residentes americanos que sus parientes habían sido pasados de contrabando a los Estados Unidos. En cinco instancias entre las fechas de diciembre de 2010 y noviembre de 2015, e implicando a seis víctimas, la acusación formal alega que Carranza-Sánchez sostuvo de rehén a los inmigrantes indocumentados en México, que les amenazó de hacerles daño y que en alguna ocasión les hizo daño. Él, presuntamente, les dijo a los residentes americanos que si no le pagaban inmediatamente, les haría daño o mataría a los inmigrantes. Además se le acusa de fraude a Carranza-Sánchez por manifestar falsamente a los residentes americanos que liberaría a los inmigrantes indocumentados y los entregaría en los Estados Unidos después de recibir el pago por parte de los residentes americanos.
“El secuestro y el fraude son crímenes federales serios a pesar del estado legal de las víctimas en este país,” declaró el Procurador Federal Wagner. “El abuso y la explotación de inmigrantes indocumentados es inaceptable y continuaremos a investigar y a procesar a aquellos que se inmiscuyan en tales conductas criminales.”
Este caso fue el producto de una investigación por parte de los Servicios del Orden Público de Inmigración y Aduanas de los Estados Unidos (ICE) y de las Investigaciones para la Seguridad Nacional (HSI). La Procuradora Federal Auxiliar Ángela L. Scott está procesando el caso. La investigación sigue pendiente.
En la actualidad, Carranza-Sánchez está siendo detenido en el Distrito Este de California. Si es condenado, Carranza-Sánchez se enfrenta a una pena máxima establecida por la ley de cadena perpetua. No obstante, cualquier sentencia sería determinada a la discreción del tribunal después de la consideración de cualquier factor establecido por la ley aplicable y de las Normas Federales para Sentenciar que toman en cuenta un número de variables. Los cargos son solo alegaciones, el demandado es presunto inocente hasta y a menos que sea comprobado culpable sin duda razonable.
U.S. Customs and Border Protection Officers Arrest MichiganWoman Attempting to Smuggle Marijuana to the Virgin IslandsRead the Press Release
St. Thomas, USVI – Deangelia D. Quintana, 30, made her initial appearance today before U.S. Magistrate Judge Ruth Miller after being charged in a complaint with possession with intent to distribute marijuana, United States Attorney Ronald W. Sharpe and U.S. Customs and Border Protection’s (CBP) Virgin Islands Area Port Director Louis Harrigan announced. Quintana was detained pending preliminary and detention hearings set for Friday, March 4, 2016.
According to the complaint, on Wednesday March 2, 2016, Quintana arrived at the Cyril E. King Airport, St. Thomas, U.S. Virgin Islands, on board a Delta flight from Atlanta. CBP officers approached Quintana as she removed two bags from the carousel at the baggage claim area. Quintana was taken to secondary inspection where CBP officers searched her bags and discovered a large bundle of plastic in each bag.Within the plastic, CBP discovered approximately 23 kilos of what was field tested to be marijuana. When questioned, Quintana admitted that the bags were hers.
"CBP officers remain vigilant to detect and seize illegal contraband being illegally brought into our islands," said Port Director Harrigan.
Under federal law if convicted of possession with intent to distribute marijuana, Quintana faces a maximum of five years in prison and a $250,000 fine. This case is being investigated by CBP and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Everard E. Potter.
United States Attorney Sharpe reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
U.S. Attorney’s Office Celebrates Women’s History MonthRead the Press Release
CEDAR RAPIDS, IA – The 2016 theme for Women’s History Month which runs through March honors women who have shaped America’s history and its future through their public service and government leadership. Iowa had such a leader in Eunice Viola “Ola” Babcock Miller. Today the United States Attorney’s Office commemorated the month with an examination of this leader’s great accomplishments during a program at the federal courthouse in Cedar Rapids.
U.S. Attorney Kevin W. Techau welcomed those attending the program, including special guests. Chief of the Iowa State Patrol, Colonel Michael Van Berkum, attended the event and was treated to a historical account of Ms. Babcock’s important role in Iowa’s history as portrayed by Rosemary Harris of Columbus Junction.
Techau noted, as the former Commissioner of the Iowa Department of Public Safety, that Ola Babcock Miller was an “inspirational governmental leader when women were generally not active politically.” He added, “Ms. Miller was a leader ahead of her time. Her courage and willpower in founding the Iowa State Patrol saved thousands of lives. We were proud to honor her memory and legacy as an outstanding public servant and leader. ”
In 1932 Miller was elected the state’s first Secretary of State and before that was active in the suffrage movement as well as the Daughters of the American Revolution.
America’s history sometimes overlooks and undervalues the dramatic influence on our public policy and the building of viable institutions and organizations contributed to by our political leaders like Ola Babcock Miller.
Extraordinary women have fought tirelessly to broaden our democracy’s reach and help perfect our freedoms. Today those successes and influences were celebrated.
Miller was one of the first four women to be inducted into the Iowa Women's Hall of Fame in 1975. In 1999, the Iowa Legislature, prompted by the Iowa Commission on the Status of Women, authorized the renaming of the stately Old Historical Building at East Grand Avenue and East 12th Street as the Ola Babcock Miller State Office Building. The State Library and other state offices are housed in the building following a $20 million renovation.
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U.S. Attorney's Office Launches Social MediaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that the U.S. Attorney’s Office for the District of New Mexico is using Twitter and Facebook to more effectively communicate with the public, the media, and its law enforcement and community partners.
“We are using social media to communicate with as many New Mexicans as possible. The Office’s Twitter and Facebook accounts will help inform the public about the work we are doing on behalf of the community, both in and out of the courtroom,” said U.S. Attorney Martinez.
The U.S. Attorney’s Office is using social media to provide information about the case work being handled by the Office and to send press releases, links to photos and media advisories. It also is using social media to promote the prevention and outreach work being done by the Office and by its law enforcement and community partners. The U.S. Attorney’s Office also maintains a website which remains the primary source of information for the Office.
Twitter: https://twitter.com/USAO_NM
Facebook: https://www.facebook.com/usaonm/
Website: https://www.justice.gov/usao-nm
Two Women Head to Prison for Distribution of MethamphetamineRead the Press Release
BROWNSVILLE, Texas – Crystal Yvette Martinez, 25, and Tina Marie Trevino, 24, both of Brownsville, have been ordered to federal prison following their convictions related to the distribution of methamphetamine, announced U.S. Attorney Kenneth Magidson. Martinez was convicted Nov. 19, 2014, following a two-day trial, while Trevino pleaded guilty Nov. 5, 2014.
Today, U.S. District Judge Hilda Tagle ordered Martinez to serve 240 months in federal prison, while Trevino will serve a 75-month-term of imprisonment. Both will also serve five years of supervised release following completion of their sentences.
On or about May 19, 2014, Martinez was a passenger in a black Chevy Tahoe driven by Trevino. The two females presented themselves at the B & M International Port of Entry in Brownsville with a large quantity of Downy fabric softener bottles and Zote soaps. Trevino told officers that the fabric softener and soaps were for a laundromat business she was starting.
The vehicle and occupants were sent to secondary inspection where a canine alerted to the presence of narcotics. Customs and Border Protection (CBP) officers field tested the contents of the bottles and the soaps which yielded a positive result for the properties of methamphetamine. The total weight of the substances was approximately 115.94 kilograms or 255 pounds.
Trevino admitted she was aware she was bringing an illegal drug into the United States, while Martinez denied that knowledge. However, a CBP officer testified that the two females were seen crossing the same type of merchandise (fabric softener and soaps) the prior evening of May 18, 2014. Trevino admitted that the trip the night before was a dry-run to determine how inspectors at the port of entry would react. Trevino testified at trial that both women were aware they were bringing in drugs and that they both would share in the profits of $5,000 for the trip.
The jury ultimately returned a verdict of guilty against Martinez on all four counts as charged to include conspiring to possess to with the intent to import and distribution of 115 kilograms of methamphetamine.
Both women will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This charges are the result of an investigation by Homeland Security Investigations and CBP. Assistant U.S. Attorneys Ana Cano and Joe Esquivel prosecuted the case.
Two Local men Charged Involving a Drug-Related HomcideRead the Press Release
St. Louis, MO – Jessie Hampton and Malcom Johnson, both of St. Louis City, were charged with multiple drug and weapons charges related to the July 15, 2012, murder of Scipio Vaughn, of Centralia, Illinois.
According to the indictment, during 2012, Hampton and Johnson were engaged in drug trafficking. In the early morning hours of July 15, 2012, Hampton and Johnson robbed Scipio Vaughn, and during the course of the robbery, Vaughn was shot and murdered.
Each defendant was indicted on one felony count of conspiracy to distribute cocaine; two felony counts of possession of a firearm in furtherance of a drug trafficking crime, resulting in murder; and conspiracy to obstruct commerce by robbery. Jessie Hampton also was indicted on one felony count of being a previously convicted felon in possession of a firearm.
If convicted, the defendants face possible sentences of life imprisonment.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Louis Metropolitan Police Department. Assistant United States Attorney Cristian M. Stevens is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Three Adults Charged with Sexual Exploitaion of ChildrenRead the Press Release
SYRACUSE, NEW YORK – Clif J. Seaway, 59, of Granby, New York, Tammy J. LaMere, 45, of Fulton, and Tammy L. Martin, 46, of Carthage, appeared today in United States District Court in Syracuse charged with offenses involving the sexual exploitation of children, announced United States Attorney Richard S. Hartunian.
Each of the three defendants are named in separate but related felony complaints charging them with employing, using, persuading, inducing, or enticing minors to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct over a period of years. The complaints against Seaway and LaMere allege their exploitation of two minors, and the complaint filed against Martin alleges that she exploited those same two minors, as well as a third child. The complaint alleges one of the minors was exploited for nearly ten years.
The charge filed against each of the defendants carries a mandatory minimum sentence of 15 years, and a maximum sentence of 30 years in prison, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and requires sex offender registration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
All three defendants made their initial appearances today in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks, and were detained without bail.
The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.
This case is being investigated by the New York State Police and Homeland Security Investigations with assistance provided by the Onondaga County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Lisa Fletcher, Project Safe Childhood Coordinator for the Northern District of New York, and Assistant United States Attorney Carina Schoenberger. 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Texas Man Charged with Illegal ReentryRead the Press Release
PHILADELPHIA - Oscar Garcia-Sanchez, a/k/a “Jose Luis Hernandez,” 29, of San Antonio, TX, was charged today by Indictment with illegal reentry after deportation, announced United States Attorney Zane David Memeger. The indictment alleges that on or about October 18, 2015, Garcia-Sanchez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about July 27, 2009.
If convicted the defendant faces a maximum possible sentence of 10 years in prison.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Elizabeth F. Abrams.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Temple Hill Men Plead Guilty to a Series of 2015 Bank RobberiesRead the Press Release
Baltimore, Maryland – Andre Antoine Walker, and Malcolm Xavier Green, both age 23, of Temple Hills, Maryland, pleaded guilty to a bank robbery conspiracy, bank robbery, armed bank robbery, and brandishing a firearm in relation to a crime of violence. Walker pleaded guilty today and Green entered his guilty plea on March 2, 2016.
The guilty pleas were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office; Chief Hank Stawinski of the Prince George’s County Police Department; Kent County Sheriff John F. Price IV; Chief James W. Johnson of the Baltimore County Police Department; and Loudoun County Virginia Sheriff Michael L. Chapman.
According to their plea agreements, in late June 2015, Green and Walker conspired to rob banks in Maryland and Virginia, engaging in a series of bank robberies from July 1 through July 24, 2015.
Specifically, on July 1, July 13 and July 17, 2015, Green and Walker robbed banks in Camp Springs, Baltimore and Millington, Maryland, respectively. After entering each bank, the robbers presented a note to the teller demanding money and threatening harm if the teller did not comply. In the robbery on July 17th, Walker displayed a gun to the teller, brandishing it multiple times. Green admitted that knew that Walker had the gun and that he planned to use it during the robbery. Green and Walker stole $1,229 in the first robbery. In the second robbery, they stole approximately $100, but the dye pack ignited in Green’s pants, ruining the money. Green and Walker left the money in the parking lot, where it was subsequently recovered by investigators. In the July 17th robbery, Green and Walker stole $5,364. Green and Walker admitted that on July 24, 2015, they robbed a bank in Lovettsville, Virginia, again presenting a note to the teller demanding money and brandishing a gun. They stole $4,000 in that robbery.
Green and Walker stole more than $10,590 in the four robberies.
According to their plea agreements, investigators identified Green through a fingerprint analysis of the note from July 17th robbery. Investigators identified Walker from surveillance footage of the robberies. Walker and Green were arrested on August 3, 2015. The gun was recovered from Walker’s vehicle. Walker and Green advised that they had spent all the money they stole, including to pay part of a $20,000 debt Green owed to a drug dealer.
Walker and Green face a maximum penalty of five years in prison for the conspiracy; a maximum of 20 years in prison for each of two counts of bank robbery; a maximum of 25 years in prison for armed bank robbery; and a mandatory minimum of seven years in prison, consecutive to any other sentence imposed, and up to life in prison for brandishing a firearm in relation to a crime of violence. There is no probation or parole in the federal criminal justice system. U.S. District Judge Richard D. Bennett has scheduled sentencing for Green on May 31, 2016, and for Walker on July 21, 2016, both at 3:00 p.m.
United States Attorney Rod J. Rosenstein commended the FBI, Prince George’s County Police Department, Kent County Sheriff’s Office, Baltimore County Police Department, and Loudoun County, Virignia Sheriff’s Office for their work in the investigation and recognized the Loudoun County Commonwealth’s Attorney’s Office for its assistance in the prosecution. Mr. Rosenstein thanked Assistant United States Attorney Aaron S. J. Zelinsky and Special Assistant U.S. Attorney Angela Tang, who are prosecuting the case.
St. Thomas Man Sentenced to 75 Months in Prison for Possession of Firearm by Convicted FelonRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez sentenced today Michael Lewis, 36, to 75 months’ imprisonment and three years of supervised release for possession of a firearm by a convicted felon, United States Attorney Ronald W. Sharpe announced. Judge Gomez ordered Lewis to pay a $100 special assessment and perform 400 hours of community service.
On October 28, 2015, Lewis pleaded guilty to possession of a firearm by a convicted felon. According to the plea agreement filed with the court on June 23, 2015, officers from the Virgin Islands Police Department (VIPD) attempted to conduct a field interview with Lewis who took off running. As Lewis was running from VIPD officers, a butt of a firearm was seen protruding from his front right pocket. He was later apprehended in a residence where he had discarded three firearms. VIPD officers recovered those firearms. Lewis is a convicted felon and cannot legally possess a firearm in the Virgin Islands. He has three prior felony convictions, two for unauthorized possession of a firearm and one for third degree assault, all in the Superior Court of the Virgin Islands.
“A great example of local and federal agencies working together to remove armed felons from the streets of our communities," said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Carlos A. Canino.
This case was investigated jointly by the ATF and the VIPD. It was prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Springfield Man Indicted on Federal Cocaine ChargesRead the Press Release
BOSTON – Radames Perez, 38, of Springfield, was arrested today after being indicted on Feb. 4, 2016 in U.S. District Court in Springfield for distributing cocaine and conspiring to distribute cocaine.
The indictment alleges that in January 2014, Perez conspired to distribute cocaine and between Jan.13 and Jan. 29, 2014, Perez possessed with the intent to distribute and distributed cocaine.
The charges of conspiracy and distribution of cocaine each provide for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Office.
Roanoke Man Sentenced on Gun ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Roanoke man who previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to a federal gun charge.
Andrew D. Fluellen, 30, of Roanoke, Va., previously pled guilty to one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Fluellen was sentenced to 46 months in prison.
“In order to keep our communities safe, we will continue to be vigilant in taking guns out of the hands of prohibited users like Mr. Fluellen,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, on the evening of April 18, 2015, officers with the Roanoke City Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives were on foot patrol in the area of Lansdowne Apartments as part of Roanoke City’s violence prevention efforts. During that foot patrol officers observed Fluellen approaching them, however, as soon as the defendant saw the officers he immediately changed direction, turned and walked briskly between apartment buildings, as if to avoid the officers. The officers were curious about this course of action and followed Fluellen’s route.
Almost immediately officers discovered a pistol under a bush along the route the defendant had traveled. One officer stayed where the pistol had been found while the other officers searched for Fluellen. Shortly thereafter, Fluellen returned and walked directly toward where the pistol was located. As soon as Fluellen saw the officer guarding the pistol, he again made a sudden change of direction, walking away from the officer. Fluellen was arrested and later admitted that the pistol was his and that he had obtained it to protect his family.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke City Police. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Richmond Man Pleads Guilty to Enticement and Sex Trafficking of a MinorRead the Press Release
RICHMOND, Va. – Stephen T. Callis, 47, of Richmond, pleaded guilty today to charges of coercion and enticement of a minor, and sex trafficking of children.
In a statement of facts filed with the plea agreement, Callis admitted that he posed online via KIK Messenger as a 15-year-old girl, “Kayla,” in order to initiate communication with the juvenile victim. Posing as “Kayla” on KIK Messenger, Callis discussed engaging in prostitution with older men with the juvenile victim, and said that “Kayla” would introduce the juvenile to older men for the purpose of prostitution. Callis then used the “Kayla” persona to introduce the juvenile to “Mark,” another alias Callis used online.
According to court documents, Callis and the juvenile then engaged in sexual conversations via KIK Messenger. The juvenile and Callis arranged to meet for the first time in approximately November 2014. Callis rented a hotel room for their first meeting and paid the juvenile $60 for sexual services. Callis and the juvenile engaged in sex acts in a hotel room approximately seven times, and Callis paid the juvenile for sexual acts on approximately five of those occasions. Callis was aware that the juvenile was a minor. Throughout this time, Callis and the juvenile continued to engage in sexual conversations via KIK Messenger, and the juvenile sent Callis naked pictures via KIK Messenger.
Callis was indicted by a federal grand jury on Jan. 5, 2016, and faces a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison when sentenced on June 2, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division, made the announcement after the plea was accepted by U.S. District Judge John A. Gibney. Assistant U.S. Attorney Heather L. Hart is prosecuting 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. 3:16-cr-003.
Presque Isle Man Pleads Guilty to Bath Salts Distribution ConspiracyRead the Press Release
Contact: Andrew McCormack
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Andrew Grivois, 34, of Presque Isle, Maine, pleaded guilty today in U.S. District Court to conspiracy to possess with intent to distribute and to distribute bath salts.
According to court records, between about June 2012 and June 2014, Grivois conspired with others in Aroostook County to obtain and distribute bath salts. On multiple occasions, Grivois ordered bath salts over the internet from China for personal use and to sell to other conspirators.
The defendant faces up to 20 year in prison and a $1,000,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency with assistance from the Aroostook County Sheriff’s Department and the United State Postal Inspection Service
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Leslie White Calf, age 33, was indicted on February 23, 2016. White Calf appeared before U.S. Magistrate Judge Veronica L. Duffy on March 2, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to White Calf assaulting a woman at Pine Ridge. The charges are merely an accusation and White Calf is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
White Calf was released pending trial. A trial date has not been set.
Pennington Gap Man Sentenced on Conspiracy to Defraud the IRSRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentence of a Pennington Gap man who previously pled guilty in the United States District Court for the Western District of Virginia in Abingdon.
William Ziehler, 38, of Pennington Gap, Va., previously pled guilty to one count of conspiracy to defraud the government. Yesterday in District Court, Ziehler was sentenced to 51 months in prison, to be followed by three years of supervised release.
“It is the duty of this Department of Justice to ensure the integrity of that tax paying system,” United States Attorney John P. Fishwick Jr. said today. “Prosecuting individuals who attempt to defraud that system maintains public trust and serves as example to what happens to those who willfully attempt to defraud the system.”
According to evidence presented in District Court, Ziehler and others participated in a sophisticated conspiracy to defraud the federal government. The scheme began when an inmate at a Tennessee state prison gathered personally identifiable information (including birth dates and social security numbers) belonging to other inmates, which he then used to complete Internal Revenue Service (IRS) Form 1040s. These Form 1040s contained false information, including false addresses outside of prison and false claims that the inmates were due a tax refund based on wages never earned by those inmates. Subsequently, these Form 1040s were sent to persons outside of the prison who then forwarded the Form 1040s to the IRS for processing. Based on these Form 1040s, the IRS issued tax refund checks in the names of these inmates. Many of these tax refund checks were cashed at banks throughout Southwest Virginia by persons using fraudulent power-of-attorney forms. Among other conduct, Ziehler has admitted to mailing false tax returns to the IRS and cashing the resulting tax refund checks using fraudulent power-of-attorney forms.
The investigation of the case was conducted by the Internal Revenue Service Criminal Investigation and United States Postal Inspection Service. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Painesville man indicted for robbing Mentor bankRead the Press Release
A federal grand jury indicted Myron A. Francis, 63, of Painesville, for robbing a bank in Mentor, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland Office.
The indictment alleges that on January 6, 2016, Francis entered the Huntington Bank at 9100 Mentor Avenue and robbed the bank of $5,198.
The Federal Bureau of Investigation conducted the investigation in conjunction with the Mentor Police Department, with assistance from the Painesville Police Department and the Lake County Sheriff's Office. The case is being prosecuted by Assistant United States Attorney Karrie D. Howard.
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.
Orange County Man Arrested on Federal Charges of Shooting Laser Pointer at Orange County Sheriff’s Department HelicopterRead the Press Release
SANTA ANA, California – A Santa Ana man was arrested this morning on federal charges of intentionally aiming a laser pointer at a law enforcement helicopter.
Mario Deleon Lopez, 35, was taken into custody without incident by special agents with the FBI, and he is expected to be arraigned this afternoon in United States District Court in Santa Ana.
Lopez was named in an indictment returned on February 24 by a federal grand jury. The indictment alleges one count of aiming a laser pointer at an aircraft, a felony offense that carries a penalty of up to five years in federal prison.
On the evening of November 14, 2015, tactical flight deputies with the Orange County Sheriff’s Department were patrolling over Santa Ana when their helicopter was struck with the beam of a laser, according to investigators. The pilots reported that their aircraft was struck multiple times with a green laser that illuminated the helicopter’s cockpit.
Following the alleged laser attacks, the deputies, along with the Santa Ana Police Department, successfully tracked the source of the laser to a suspect located in the backyard of a residence in Santa Ana. Police on the ground responded to the residence and took Lopez into custody on state charges of pointing a laser at an aircraft. Lopez subsequently posted bail and was released from local custody while the federal investigation continued and culminated with the filing of the indictment.
“The conduct charged in this indictment placed both the Sheriff’s Deputies and innocent bystanders on the ground in danger,” said United States Attorney Eileen M. Decker. “Had the pilot lost control of the helicopter, lives could have been lost. Consequently, we take these cases very seriously and will continue to prosecute those who commit this crime.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
This investigation into Lopez was conducted by the Orange County Sheriff’s Department, the Santa Ana Police Department and the FBI.
Reports of laser attacks have increased dramatically in recent years as laser devices have become more affordable and widely available to the public. In addition, technology has improved the effectiveness of laser devices, with a resulting increase in the potential safety hazards for pilots operating aircraft, as well as their passengers and crew. Such safety hazards include temporary distraction and impaired vision, which is particularly dangerous during the critical takeoff and landing phases of flight. California consistently leads the nation in reports of laser attacks.
Oceanside Man Pleads Guilty to Staging Online Attacks against Computer System Operated by His Former EmployerRead the Press Release
LOS ANGELES – An Oceanside man has pleaded guilty to launching repeated online attacks against a computer system operated by his former employer, a Rancho Dominguez-based manufacturer of precision laser and mechanical drilling equipment.
Conrad Pearson, 64, pleaded guilty yesterday to one count of unauthorized damage to a protected computer.
When he pleaded guilty on Wednesday, Pearson admitted that soon after he stopped working for Excellon Automation, he began transmitting “attack scripts” to Excellon’s website. “The ‘attack scripts’ constituted automated actions against Excellon's website, and included automatically downloading information from the Excellon website and automatically sending commands to the Partlink application of the website,” according to a factual statement filed this morning. The Partlink application allowed customers to check inventory of Excellon products.
The attacks on Excellon’s computer system, which were committed on a regular basis over the course of 10 months in 2009 and 2010, “caused the Excellon server to either cease functioning or to become inordinately slow,” according to the court document.
“Computer hacking causes significant economic damage to local businesses and therefore threatens the economic vitality of our entire region,” said United States Attorney Eileen M. Decker. “This defendant used his computer expertise and his knowledge of his former employer’s business to severely disrupt the company’s operations. The victim in this case suffered harm and wasted months fighting the defendant’s attacks on its website. This case illustrates why the prosecution of those who violate cyber security laws remains a top priority for my office.”
Pearson also admitted in court today that, in an attempt to hide his Internet address, he used The Onion Router (TOR) network, which helps conceal the identity of a user by routing them through a distributed network of relays all around the world.
Pearson admitted that his actions caused more than $15,000 in losses to Excellon.
“As evidenced in Mr. Pearson's plea agreement, individuals who attempt to hide criminal activity by using TOR are not beyond detection by law enforcement,” said David Bowdich, the Assistant Director in Charge of the FBI's Los Angeles Field Office. “This case demonstrates the heightened threat posed by insiders whose attacks can be more effective when they're armed with an understanding of the network operated by a targeted company.”
Pearson pleaded guilty before United States District Judge Beverly Reid O’Connell, who is scheduled to sentence the defendant on May 23. As a result of today’s guilty plea, Pearson faces a statutory maximum sentence of 10 years in federal prison,
The investigation in this matter was conducted by the Los Angeles office of the Federal Bureau of Investigation.
Nigerian Scammer Convicted of On-Line Romance FraudRead the Press Release
After two days of testimony from a dozen witnesses at his criminal trial in U.S. District Court in East St. Louis, Illinois, Olayinka Ilumsa Sunmola, 32, of Lagos, Nigeria, changed his plea on March 2, 2016, from "not guilty" to "guilty" on all eight counts of the federal indictment, James L. Porter, Acting United States Attorney for the Southern District of Illinois announced.
"Basically, the evidence established that Sunmola, a citizen of the Federal Republic of Nigeria, was the ringleader of a criminal organization operating within South Africa that targeted and stole from hundreds of women across the United States, including dozens in the St. Louis metropolitan area." noted Acting United states Attorney Porter. "Our office will continue to pursue justice for these victims in Sunmola’s prison sentence and in our never-ending efforts to get restitution."
A grand jury sitting in East St. Louis, Illinois, indicted Sunmola on November 20, 2013, on charges of mail fraud, wire fraud, conspiracy, and interstate extortion. Sunmola was later arrested on the Southern Illinois indictment by the London Metropolitan Police Service (sometimes referred to as "Scotland Yard") on August 9, 2014, as he was about to board a British Airways flight from London Heathrow Airport to Johannesburg, South Africa.
During two days of trial, the government established that Sunmola had created several bogus online profiles on dating websites portraying himself as a U.S. citizen currently or formerly in the Armed Forces of the United States and temporarily doing business in South Africa. Using fake names and photographs stolen from the hacked online accounts of real American men, Sunmola cultivated a romantic relationship with many women in the St. Louis area and throughout the United States by sending flowers, stuffed animals, greeting cards and candy. His purpose was to lead each of his victims to believe that she was his one true love, his sole love interest, and the woman with whom he intended to spend the rest of his life. After successfully drawing these women into a romantic relationship, Sunmola then began to manufacture phony emergencies requiring increasingly large amounts of money from his victims. He played upon each victim's romantic feelings and vulnerability and manipulated and groomed them for the purpose of bilking them of their cash, their assets, and their credit worthiness.
One victim described in the indictment was unwittingly drawn into a scheme involving counterfeit or stolen traveler’s checks. The evidence established that as a result of her innocent involvement in cashing the checks for Sunmola, she was arrested by local police and jailed, charged with theft by deception and forgery. She testified that she contemplated suicide as a result of Sunmola’s fraud against her. Another victim, a resident of the Southern District of Illinois, was induced to perform sexual acts on camera. She learned only after it was too late that Sunmola had recorded the video, which he promptly threatened to publish online unless she and her family sent him money. According to the indictment, Sunmola told the woman that by the time he was done with her she would want to kill herself. He pledged to ruin her life if she did not continue to send him the money he demanded. Sunmola admitted in open court to having made the video and extorting her and her family with it. The victim – identified in the indictment as "Jane Doe 6" – was due to testify at the trial later this week.
"I applaud the great work of the U.S. Attorney’s Office for the Southern District and our other law enforcement partners who helped put a stop to a pervasive scam artist that took advantage of too many unsuspecting Illinois victims," said Attorney General Lisa Madigan.
"The FTC is fortunate to have great partners, such as the US Attorney’s Office for the Southern District, of Illinois," said Steven Baker, director of the FTC’s Midwest Region Office. "We congratulate them for achieving a great result on behalf of consumers in this important international effort."
Sentencing is set for June 17, 2016, at 10:00 a.m. By statute, Sunmola faces a maximum prison sentence of 127 years, a fine of $250,000 on each of the eight counts of the indictment, and as much as five years of supervised release. He will also be required to pay restitution to the victims of his crimes.
The case was investigated by the St. Louis Field Office of the Chicago Division of the U.S. Postal Inspection Service. The St. Louis Resident Agency of Homeland Security Investigations, U.S. Department of Homeland Security and the Fairview Heights office of U.S. Secret Service assisted in the investigation. The Illinois Attorney General’s Office referred the matter to the U.S. Attorney's Office for investigation as part of an ongoing partnership between the two offices to identify, investigate and prosecute international scammers who prey upon Illinois residents. This prosecution is also part of a larger initiative with the Chicago Office of the Federal Trade Commission to target romance scammers. The South African Police Service conducted its own extensive investigation into Sunmola's activities in South Africa in coordination with the U.S. criminal investigation, which initiated searches of Sunmola's various properties and has instituted legal proceedings in South African courts seeking to forfeit them.
The prosecution was handled by Assistant United States Attorneys Nathan D. Stump and Bruce E. Reppert, and by Special Assistant United states Attorney Emily J. Wasserman.
New York man convicted, sentenced for attempting to sell counterfeit goodsRead the Press Release
WHEELING, WEST VIRGINIA – Xian Chen Chen, 39, of Flushing, New York, was convicted and sentenced today for attempting to sell counterfeit goods in the Wheeling, West Virginia and Boston, Massachusetts areas, United States Attorney William J. Ihlenfeld, II, announced.
Chen attempted to sell counterfeit goods purported to be from Tory Burch, Tiffany & Co., The North Face, Coach Services, Inc., Apple, Inc., Beats Electronics, Chanel, Inc., Gucci America, Inc., Louis Vuitton, Michael Kors, L.L.C., Jimmy Choo, Ray Ban, Fendi, Ed Hardy, Dooney & Bourke, Bvlgari, Hello Kitty, Dolce & Gabbana, Christian Dior, Juicy Couture, Prada, Marc Jacobs, Versace, Armani, Burberry, and Oakley.Chen pled guilty today to an Information charging him with one count of “Entry of Good by Means of False Statements.” Chen also pled guilty to a separate Information charging him with the same offense which was transferred to the Northern District of West Virginia from the District of Massachusetts. He was sentenced today to an 11 month combination of imprisonment and community confinement on each count. The sentences will run concurrently. He was also ordered to pay restitution to the victim companies.
Assistant U.S. Attorney Randy Bernard prosecuted the case on behalf of the government. The Mountaineer Highway Interdiction Team (MHIT) and U.S. Immigration and Customs Enforcement Pittsburgh and Boston Divisions investigated. MHIT is a collaborative effort through the Appalachia High Intensity Drug Trafficking Area (HIDTA) program and is comprised of officers and agents from the West Virginia State Police, the Ohio County Sheriff’s Department, the Wheeling Police Department, and the Drug Enforcement Administration.
U.S. Magistrate Judge James E. Seibert presided over the plea hearing and U.S. District Judge John Preston Bailey presided over the sentencing hearing.
New Orleans Man Pleads Guilty to Heroin ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANTWINE SMITH, age 39, of New Orleans, pled guilty today to conspiracy to distribute and conspiracy to possess with intent to distribute over one kilogram of heroin.
SMITH was one of twelve defendants charged in a 23-count indictment on July 25, 2014. According to court documents, this indictment sprung from an investigation into a heroin-trafficking organization operating in New Orleans East. This organization was responsible for distributing at least 15 kilograms of heroin in the New Orleans area. As part of the arrests in this case, federal agents have seized from the twelve defendants approximately $1,200,000 in assets (a combination of vehicles, currency, jewelry, and real property) as proceeds made from the sale of heroin.
SMITH is facing a mandatory minimum sentence of 10 years and a maximum of life imprisonment, as well as a possible fine of up to $10,000,000. U.S. District Judge Carl J. Barbier set sentencing on June 9, 2016.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
New Jersey Man Pleads Guilty to Running Counterfeit Currency OperationRead the Press Release
PHILADELPHIA – Derrick Knight, 41, of Linden, New Jersey, pleaded guilty today to one count of manufacturing counterfeit currency, three counts of possessing counterfeit currency, and three counts of dealing in counterfeit currency. U.S. District Judge C. Darnell Jones scheduled a sentencing hearing for June 13, 2016.
Between August 2014 and August 2015, Knight manufactured over $125,000 in counterfeit United States currency, and thereafter sold and dealt thousands of dollars of counterfeit United States currency to buyers in exchange for legitimate United States currency.
Knight faces a period of incarceration followed by up to three years of supervised release, a possible fine, and a special assessment of $700.
The case was investigated by the Secret Service Philadelphia and Newark Field Offices and the Lehigh County Drug Enforcement Task Force. It is being prosecuted by Assistant United States Attorney James Petkun.
Nanny Sentenced for Forging Dozens of ChecksRead the Press Release
BOSTON – A Randolph woman who was employed as a nanny was sentenced today in U.S. District Court in Boston in connection with forging 65 checks totaling over $280,000 from her employers’ bank account.
Stephanie L. Fox, 30, was sentenced by U.S. District Court Judge Richard G. Stearns to 40 months in prison, three years of supervised release and restitution of $281,917. In November 2015, she pleaded guilty to three counts of bank fraud.
Fox was employed as a nanny from February 2013 until August 2015 when her employers discovered that for more than a year she had been writing checks on one of their bank accounts and forging one of their signatures on the checks. Fox avoided detection by destroying the bank account statements when they arrived at her employers’ home. In total, Fox forged 65 checks totaling $281,917. She used the money to purchase jewelry, including a diamond pendant necklace and three Movado watches, as well as for travel to places such as the Bahamas, Aruba, Hawaii, Newport, Disney, and Cape Cod.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner William Evans of the Boston Police Department, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Mark J. Balthazard of Ortiz’s Economic Crimes Unit.
Monroe men sentenced to more than 12 years each in prison for roles in methamphetamine conspiracyRead the Press Release
MONROE, La. – United States Attorney Stephanie A. Finley announced that two men from Monroe were each sentenced Tuesday to 151 months in prison for their roles in a methamphetamine conspiracy.
Vacarra Rogers, 35, and Kevin Honeycutt, 36, both of Monroe, were sentenced by U.S. District Judge Robert G. James on one count of conspiracy to possess with intent to distribute methamphetamine. Honeycutt was also sentenced for one count of possession with intent to distribute methamphetamine and one count of possession of a firearm by a convicted felon. They were also sentenced to five years of supervised release.
Evidence admitted at a two-day trial ending on December 3, 2015, showed that Rogers was arrested on August 2, 2014, on Louisiana state charges related to illegal possession and distribution of methamphetamine. Co-defendant Kendra Turner, 25, of Monroe, was driving the car at the time of the arrest. During an October 8, 2014 visit to the jail, Turner was heard on recorded jailhouse calls talking to Rogers about her driving to Texas to obtain methamphetamine. Later that day, Turner, Rogers and Honeycutt further discussed the trip. Turner was arrested on October 10, 2014, on her way back from Texas. Honeycutt was then arrested and admitted to waiting for a delivery of methamphetamine from Turner. Honeycutt stated that he had obtained $5,000 from Ruby Jane McMillan, 29, of Farmerville, La., to purchase methamphetamine for her. Honeycutt set up a delivery of methamphetamine for McMillan, and she was later arrested.
“This sentence should send a message that trafficking drugs has serious consequences,” Finley stated. “We will continue to prosecute those who bring these dangerous drugs into our communities.”
Turner pleaded guilty on July 10, 2015, and McMillan pleaded guilty September 12, 2015, to one count each of conspiracy. Turner was sentenced to five years of supervised probation on January 4, 2016, and McMillan was sentenced on the same day to 38 months in prison and three years of supervised release.
Assistant U.S. Attorney Earl M. Campbell is prosecuting the case. The DEA and the Monroe Metro Narcotics Task Force investigated the case.
Manhattan U.S. Attorney Announces Bribery Charges Against Chairman of New Jersey-Based Federal Credit UnionRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and David E. Beach, Special Agent-in-Charge of the New York Field Office of the United States Secret Service, announced today the unsealing of a superseding indictment charging TREVON GROSS with accepting over $150,000 in bribes as the Chairman of the Board of a federal credit union that served primarily low-income local residents in New Jersey.GROSS was bribed by the operators of Coin.mx, an unlawful Bitcoin exchange operated by co-defendant Anthony Murgio.GROSS surrendered to the FBI earlier today and is expected to be presented this afternoon in Manhattan federal court.
According to the allegations contained in the superseding indictment unsealed today and the criminal complaints previously filed in this case[1]:
The Unlawful Bitcoin Exchange
Anthony Murgio, GROSS’s co-defendant, knowingly operated Coin.mx, an unlawful internet-based Bitcoin exchange, in violation of federal anti-money laundering laws and regulations, including those requiring money services businesses like Coin.mx to meet registration and reporting requirements set forth by the United States Treasury Department. Murgio and his co-conspirators engaged in substantial efforts to evade detection of their unlawful Bitcoin exchange scheme by operating through a phony front company called “Collectables Club,” and by maintaining a corresponding phony “Collectables Club” website. In doing so, they sought to deceive the major financial institutions through which they operated into believing their unlawful Bitcoin exchange business was simply a members-only association of individuals who discussed, bought, and sold collectable items, such as stamps and sports memorabilia.
In addition to lying to financial institutions, Murgio and his co-conspirators deceived U.S. banks and credit card issuers into authorizing credit and debit card payment and ACH (Automated Clearing House) transactions to purchase Bitcoins through Coin.mx. In particular, Murgio and his co-conspirators deliberately misidentified and miscoded customers’ credit and debit card transactions, in violation of bank and credit card company rules and regulations, and limited the dollar amount of individual transactions engaged in by their customers, in order to deceive banks into allowing the transactions to be completed, and avoid arousing suspicion from the banks. Murgio and his co-conspirators also knowingly instructed their Coin.mx customers to lie to banks about the Bitcoin exchange transactions the customers were executing through Coin.mx, and to state falsely that they were for the exchange of collectables items, and not for Bitcoins.
GROSS Secretly Sells Control of the Federal Credit Union to Murgio
In approximately 2014, in an effort to evade potential scrutiny from financial institutions and others about the nature of Coin.mx, Murgio, Yuri Lebedev, and their co-conspirators acquired control of HOPE FCU, a federal credit union in New Jersey with primarily low-income members. GROSS, who was the Chairman of the Board of HOPE FCU, allowed Murgio, Lebedev, and their co-conspirators to take control of HOPE FCU and assisted their efforts in exchange for bribes, which GROSS directed Murgio to pay to bank accounts under GROSS’s control. In total, at GROSS’s direction, Murgio and his co-conspirators paid over $150,000 to accounts under GROSS’s control. GROSS, in turn, spent proceeds from the bribes on personal expenses, including payments on his personal credit cards. With GROSS’s assistance, Murgio installed his co-conspirators, including Lebedev, on HOPE FCU’s Board of Directors and transferred Coin.mx’s banking operations to HOPE FCU.
Murgio, Lebedev, and their co-conspirators operated HOPE FCU as a captive bank for their unlawful Bitcoin exchange until at least early 2015.At that time, after discovering that substantial payment processing activity was being conducted through HOPE FCU, the National Credit Union Administration (“NCUA”) forced HOPE FCU to cease engaging in such activity, and Murgio thereafter found new, overseas payment processing channels for his unlawful business. In October 2015, in connection with the charged conduct, the NCUA placed HOPE FCU into conservatorship, and thereafter liquidated it.
* * *
GROSS, 46, of Jackson, New Jersey, is charged with one count of corruptly accepting payments as an officer of a financial institution, which carries a maximum sentence of 30 years in prison.
Murgio and Lebedev were arrested on July 21, 2015, and are each charged with one count of conspiracy to corruptly make payments to an officer of a financial institution, which carries a maximum sentence of five years in prison. Murgio is also charged with corruptly making payments to an officer of a financial institution, which carries a maximum sentence of 30 years in prison. In addition, Murgio is charged with one count of conspiracy to operate an unlicensed money transmitting business and one count of operating an unlicensed money transmitting business, each of which carries a maximum sentence of five years in prison; one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison; and one count of money laundering, which carries 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 defendants will be determined by the judge.
Trial is presently scheduled in this case for October 31, 2016, before the Honorable Alison J. Nathan.
Mr. Bharara praised the investigative work of the FBI and the Secret Service.He also thanked the National Credit Union Administration for their assistance with the investigation.
The prosecution of this case is being overseen by the Office’s Complex Frauds and Cybercrime Unit.Assistant U.S. Attorneys Eun Young Choi and Daniel S. Noble are in charge of the prosecution.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the superseding indictment and the complaints, and the description of the indictment and complaints set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Mandeville Man Indicted for Theft of Veteran’s Benefits and Aggravated Identity TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RICKY P. TEMPLET, age 53, of Mandeville, was indicted today for Theft of Government Funds and Aggravated Identity Theft.
According to court records, this investigation was initiated by the United States Department of Veterans Affairs (“VA”), Office of Inspector General (“VA-OIG”) after the VA determined TEMPLET was fraudulently obtaining VA benefits. The VA-OIG determined that TEMPLET had become his mother’s VA Fiduciary the day before his mother passed away in 2013. As a VA Fiduciary, TEMPLET was obligated to notify the VA when his mother passed away. After his mother’s death, TEMPLET received and deposited sixteen U.S. Treasury checks totaling approximately $26,441. TEMPLET was arrested by Special Agents with the VA-OIG at the St. Tammany Parish Jail. He will appear before a U.S. Magistrate Judge on Friday morning.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, TEMPLET faces a maximum penalty of ten years imprisonment, followed by up to three years of supervised release, and a $250,000 fine as to Counts 1-16 and he faces a mandatory consecutive sentence of two years as to the Aggravated Identity Theft charge (Count 17).
U.S. Attorney Polite praised the work of the United States Department of Veterans Affairs, Office of Inspector General. The prosecution of this case is being handled by Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba.
Local Postal Service Employee Pleads Guilty to Stealing from MailsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Sheila Fullmer, 60, of Caledonia, NY, who was convicted of engaging in theft during the course of performing her official government duties, was sentenced to 18 months probation by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Fullmer was employed as a mail clerk at the Rochester Processing and Distribution Center, assigned to manual mail sorting area. On October 20 and 21, 2015, law enforcement agents observed the defendant rifling through mail and stealing gift cards and other items from the mail. Fullmer was also seen using a gift card that had been reported missing by its sender. The defendant was found to be in possession of approximately $600 of other stolen gift cards and cash.
The sentencing is the result of an investigation by the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Leesville man pleads guilty to burglary on the Fort Polk military postRead the Press Release
LAKE CHARLES, La. – United States Attorney Stephanie A. Finley announced today that a Leesville resident pleaded guilty to burglarizing homes and a truck on the Fort Polk military installation.
Dakota Cole Yarbrough, 22, of Leesville, La., pleaded guilty before U.S. District Judge Patricia Minaldi to one count of simple burglary of an inhabited dwelling. According to the guilty plea, Yarbrough was driven to the outskirts of the Fort Polk base around 10 p.m., on August 5, 2015. He then illicitly crossed the fence onto the installation. Once on Fort Polk, he illegally entered two residences where families were sleeping and stole personal belongings from the homes. He also broke into and stole items from a pickup truck. The Vernon Parish Sheriff’s Office found many of the stolen items in Yarbrough’s residence after a search on August 10, 2015.
Yarbrough faces 12 years in prison, three years of supervised release and a $2,000 fine. A sentencing date of June 9, 2016 was set.
The Fort Polk Directorate of Emergency Services and the Vernon Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney David C. Joseph prosecuted the case.
KC Man Pleads Guilty to Throwing Molotov Cocktails at Congressional OfficeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man pleaded guilty in federal court today to throwing Molotov cocktails at the local congressional office of U.S. Rep. Emanuel Cleaver II.
Eric G. King, 29, of Kansas City, pleaded guilty before U.S. District Judge Gary A. Fenner to the charge of using explosive materials to commit arson, contained in an Oct. 7, 2014, federal indictment.
On Sept. 11, 2014, at 2:52 a.m., a window was broken and two Molotov cocktails were thrown at Cleaver’s congressional office located at 101 W. 31st Street, Kansas City, Mo. The office was unoccupied at the time of the incident. A hammer used to break the window was recovered from the scene, as well as two broken Molotov cocktails. There was no fire damage to the building.
Video footage shows King, wearing a large backpack, walking to the congressional office. King retrieved two Molotov cocktails from his backpack, then walked around the parking lot for a few minutes in an apparent effort to hide from cars that were passing by. The video footage shows King throwing a hammer through the west window then lighting the two Molotov cocktails. The first Molotov cocktail bounced off the side of the building. King threw the second Molotov cocktail through the window then sprinted away from the office.
Detectives with the Kansas City, Mo., Police Department were investigating King in connection with a series of anti-government related incidents of vandalism in the immediate vicinity of the congressional office. The incidents occurred over the Labor Day weekend in 2014 and involved the spray painting of anti-government/anarchy graffiti. One of the incidents was at a Bank of America, from which investigators obtained video surveillance footage that showed King spray painting the bank.
Investigators reviewed social media and Facebook posts by King and noted one post from Sept. 3, 2014, that read, “KC Fight Back celebrated its first labor day with a lovely variety of action, action and more action against a series of government and Financial properties.” Other posts included King posting “KC Fight Back Insurrectionist Collective is alive,” and “these cops aren’t going to kill themselves, get to the streets.” On Aug. 10, 2014, King posted “I want to leave kc better than I found or an ashes.” A social media post by King on the day before the congressional office was attacked read, “KC Fight Back has been in serious in its Insurrection activity, and that is the thing that is giving me the most pride in my life.”
King was arrested as he was leaving his apartment on Sept. 16, 2014. When officers opened the backpack King was carrying at the time, they found a can of red spray paint, Kingsford Charcoal Lighter fluid, and a clear plastic soda bottle (containing a clear liquid) with a tube sock placed over it.
Officers searched King’s apartment and found a hand-written letter entitled “Operation House Committee.” The letter, in part, was a list that contained the following: “(1) Paint thinner/alcohol, (2) face cover/hand cover/all tattoos covered, (3) Three bottles glass, (4) paper towels, old rags/lighter, (5) drive/driver, must be someone trust with.” The letter then mentioned the steps to light the devices, then said to “use hammer/sledgehammer to break door,” “light bottles, throw them, light curtains,” and repeat these steps on “government buildings, all things police, certain law firms, corporations…” The first part of the backside of the letter read, “The arsons committed on Sept 11, 2014 were committed solely by the KC FIGHT BACK Insurrectionist Collective.”
The Molotov cocktails recovered from the congressional office were analyzed by the ATF crime lab in order to identify any DNA that might be present and a profile was developed from one of the bottles and one of the wicks. A sample of King’s DNA was obtained via a search warrant; King’s DNA matched the DNA found on both the wick and bottle.
Under federal statutes King is subject to a sentence of 10 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick C. Edwards. It was investigated by the FBI and the Kansas City, Mo., Police Department, the Federal Protective Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Isleta Pueblo Man Sentenced to Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Warren Chewiwi, 42, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was sentenced today in federal court in Albuquerque, N.M., to 23 months in prison for his domestic assault by a habitual offender conviction. He will be on supervised release for three years after completing his prison sentence.
Chewiwi was arrested on Aug. 12, 2015, on an indictment charging him with domestic assault of an intimate partner by a habitual offender on Sept. 8, 2013, in Isleta Pueblo in Valencia County, N.M. According to the indictment, Chewiwi was charged as a habitual offender based on his two prior domestic violence convictions in Isleta Pueblo Tribal Court. Isleta Tribal Pueblo Court records reflect that Chewiwi’s prior convictions occurred in 2010 and 2013.
On Dec. 1, 2015, Chewiwi pled guilty to the indictment and admitted that on Sept. 8, 2013, he assaulted the victim, his intimate partner, by grabbing her by the hair, jerking her around the room and hitting her with an open hand while he was under the influence of alcohol. He also acknowledged his two prior tribal court convictions.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Isleta Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney David Adams pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Investigation results in charges against four business owners and an employee for violations of the Indian Arts and Crafts ActRead the Press Release
Juneau, Alaska – U.S. Attorney Karen L. Loeffler announced today that an investigation conducted by the United States Fish and Wildlife Service (USFWS) has resulted in the filing of charges against four Southeast Alaska business owners and an employee for violations of the Indian Arts and Crafts Act (IACA).
The United States filed charges against Juneau resident and business operator Vinod “Vinny” L. Sippy, 38, d.b.a. Diamond Island, Icy Strait, and Gemstone Heaven; Juneau resident and business operator Norma M. Carandang, 60, d.b.a. Northstar Gift Shop; Puerto Rican resident and Ketchikan business owner Gabriel T. Karim, 33, d.b.a. Alaskan Heritage; Skagway resident and business owner Rosemary V. Libert, 56, d.b.a. Lynch and Kennedy Dry Goods, Inc.; and Libert’s seasonal employee, a resident of Huntington Beach, California, Judy M. Gengler, 65, for the illegal misrepresentation of bone art carvings as made by Alaska Natives or Indians, when in fact they were made by local non-native carvers.
The charges were filed as a result of an investigation conducted by USFWS based on complaints by summer tourists who were told that bone carvings that they purchased from Alaska shops in Southeast Alaska were authentic bone carvings made by Alaska Natives or Indians, when they were not. As a result of these complaints, the USFWS started an investigation looking into local Southeast businesses misrepresenting non-native bone carvings as made by Alaska Natives or Indians in May 2014.
The maximum penalty for violating the IACA as charged is one year in prison and $100,000 fine. Arraignment dates have not been set.
Ms. Loeffler commends the USFWS for their investigation of these cases with the assistance of Indian Arts and Crafts Board in Washington D.C. and the Alaska Attorney General’s Office – Consumer Protection Unit.
An Information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Individual Sentenced for His Participation in Extortion SchemeRead the Press Release
SAN JUAN, P.R. – On March 1, 2016, defendant Diomedes Joshua Alcantara-Troche was sentenced by United States District Court Judge Jay A. Garcia-Gregory to serve a term of imprisonment of 2 years, and 3 years of supervised released, for his participation in an extortion scheme, announced today Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico.
On December 1, 2014, the victim received a telephone call from two unidentified males. The individuals, who were later identified as inmates currently incarcerated in a state prison, advised the victim that they had kidnapped her son, and would harm him unless the victim provided them with $6,000.00 US Dollars (USD). The inmates later agreed to lower the request to $1,000. The inmates also warned the victim not to contact the police or they would harm her son. Upon receiving the initial extortion telephone call from the inmates, the victim went to withdraw the money and with the assistance of a bank employee she managed to contact her son, who is a federal agent. Her son confirmed that he had not been kidnapped. The victim agreed to assist federal law enforcement agents and proceeded to comply with the instructions provided by the inmates to make the payment of $1,000.00 USD.
The inmates instructed the victim to bring $1,000.00 USD, to an area in Carolina. Upon receiving the money, the inmates stated that they would release her son without incident. After arriving at the location the federal agents spotted Alcantara-Troche driving a car that belonged to his girlfriend, Lorenly Garcia-Echevarria. Alcantara-Troche was detained by federal agents. Alcantara-Troche indicated that his girlfriend, Lorenly Garcia-Echevarria provided him the cellular telephone and the vehicle used to pick up the extortion money. Alcantara-Troche and Garcia-Echevarria were going to earn approximately $300.00 USD for their participation in the extortion scheme.
Co-defendant Lorenly Garcia was also sentenced to 2 years for her participation.
“This is a very common extortion scheme used by inmates in state prison in order to make some easy money from victims who fear their loved ones are in danger. We urge the public to contact law enforcement if they receive threats similar to this one,” said U.S Attorney Rosa Emilia Rodríguez-Vélez.
The case was investigated by HSI and the FBI and prosecuted by Special Assistant United States Attorney Normary Figueroa.
Immigrant Smuggler Indicted for Kidnapping Persons Seeking to Enter the United States, and Defrauding Their Relatives in the United StatesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a 10-count indictment today against Martin Carranza-Sanchez, 45, resident of Mexico, charging him with kidnapping Mexican citizens seeking assistance in entering the United States without documentation, and with a scheme to defraud the families of persons seeking to enter the country, United States Attorney Benjamin B. Wagner announced. Carranza-Sanchez is charged with conspiracy to commit hostage taking, conspiracy to commit wire fraud, wire fraud, interstate communications to obtain ransom or reward, and carrying a firearm during a crime of violence. He was arrested at the border on January 21, 2016, and currently is in federal custody in Fresno, based on a complaint previously issued in this case.
The indictment alleges that Carranza-Sanchez and others conspired to obtain payment from people residing in the United States through various means, including by taking hostage their undocumented immigrant family members and friends who were seeking entry into the United States, and by falsely representing to the U.S. residents that their relatives had been smuggled into the United States. In five instances between December 2010 and November 2015, involving six victims, the indictment alleges that Carranza-Sanchez held the undocumented immigrants hostage in Mexico, threatened to harm them, and, on occasion, did harm them. He allegedly told the U.S. residents that he would harm or kill the immigrants if the U.S. residents did not pay him immediately. Carranza-Sanchez also is charged with fraud for falsely representing to U.S. residents that he would release the undocumented immigrants and deliver them to the United States upon receipt of payment by the U.S. residents.
“Kidnapping and fraud are serious federal crimes, regardless of the legal status of the victims in this country,” said U.S. Attorney Wagner. “The abuse and exploitation of undocumented immigrants is unacceptable, and we will continue to investigate and prosecute those who engage in such criminal conduct.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Angela L. Scott is prosecuting the case. The investigation is ongoing.
Carranza-Sanchez is currently detained in the Eastern District of California. If convicted, Carranza-Sanchez faces a maximum statutory penalty of life in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Harvard-Trained Mutual Fund Manager Convicted of Securities Fraud and Obstruction of JusticeRead the Press Release
BOSTON – A Harvard-trained mutual fund manager was convicted today in connection with a scheme to use a mutual fund’s money to issue fictitious loans.
Daniel Thibeault, 41, of Framingham, pleaded guilty to one count of securities fraud and one count of obstruction of justice. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for June 16, 2016.
Thibeault was the owner of Graduate Leverage, LLC, an asset management and financial advisory firm he founded while a student at Harvard Business School, from which he graduated in 2004. Thibeault was also the co-portfolio manager of the GL Beyond Income Fund, a mutual fund launched in March 2012 that, according to its marketing materials and securities filings, purported to invest in loans to individuals who were “less susceptible to economic downturns, such as medical doctors, dentists, veterinarians, attorneys and business owners.”
Beginning no later than February 2013, Thibeault caused the Fund to issue several dozen loans, with values of hundreds of thousands of dollars, in the names of individuals who were his personal friends or acquaintances. In fact, those individuals had never applied to borrow money from Graduate Leverage, were unaware that the loans had been issued in their names, and did not receive any money. Instead, the money was diverted from the Fund into a Graduate Leverage operating account and used, at Thibeault’s direction, to pay the operating expenses of Graduate Leverage and its affiliated entities, Thibeault’s personal expenses, and interest on loans Thibeault had previously caused the Fund to issue. Some of the money was also transferred to Thibeault’s personal bank account. This use of investor money was contrary to GL’s representations to the Fund’s actual and prospective investors, and was not disclosed to them. By the time of Thibeault’s arrest in December 2014, more than $15 million – or more than 40 percent of the total assets purportedly held by the Beyond Income Fund – had been diverted as a result of Thibeault’s scheme.
Shortly before Thibeault’s arrest, the Securities and Exchange Commission opened a formal investigation into possible fraud at the Fund, and commenced an unannounced examination at GL’s offices in Waltham. As part of the examination, the SEC interviewed Thibeault. At today’s proceeding, Thibeault admitted that numerous statements he made to the SEC during the interview were false and intended to obstruct the SEC’s examination.
The charge of securities fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release and a fine of $5 million. The charge of obstruction of justice provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of 250,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission in the course of investigating this case. The case is being prosecuted by Assistant U.S. Attorneys Stephen E. Frank and Brian A. Perez -Daple of Ortiz’s Economic Crimes Unit.
Hartford Grocery Store Owner Sentenced to 18 Months in Federal Prison for Food Stamp FraudRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that SALIH KAYA, 55, of West Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 18 months of imprisonment, followed by three years of supervised release, for committing food stamp fraud at his Hartford grocery store.
The federal food stamp program, known as the Supplemental Nutrition and Assistance Program (“SNAP”), is administered by the USDA’s Food and Nutrition Service (“FNS”) and utilizes federal tax dollars to subsidize low-income households to provide them with the opportunity to achieve a more nutritious diet by increasing their food-purchasing power. SNAP recipients purchase eligible food items at retail food stores through the use of an Electronic Benefit Transfer (“EBT”) card. SNAP benefits may be accepted by authorized retailers only in exchange for eligible items. Items such as alcoholic beverages, cigarettes, paper goods and soaps are not eligible for purchase with Food Stamp benefits, and it is a violation of the rules and regulations governing the food stamp program to allow benefits to be used to purchase ineligible items. SNAP benefits may not lawfully be exchanged for cash under any circumstances. The program is designed so that the total amount of each purchase is electronically transferred to the retailer’s designated bank account.
According to court documents and statements made in court, KAYA has owned Green Apple Market, located at 264 Farmington Avenue in Hartford, since it opened on July 1, 2008. Between November 2010 and March 2014, KAYA illegally exchanged food stamps for cash and other ineligible items with customers at the store.
The FNS estimates that a reasonable sales figure for Green Apple Market, given the size, amenities and location of the store, should be no more than $60,000 per year. However, during this period, sales for the store totaled more than $2.6 million.
Judge Meyer ordered KAYA to pay restitution in the amount of $1,878,474.84.
KAYA was arrested on June 25, 2014. On March 5, 2015, he pleaded guilty to one count of food stamp fraud.
This matter was investigated by the U.S. Department of Agriculture, Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Hammond Woman Sentenced for Making False Income Tax ReturnsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SHIMEKA MILTON-FLAX, age 36, of Hammond was sentenced today after previously pleading guilty to preparing fraudulent tax returns.
U.S. District Judge Jane Triche Milazzo sentenced MILTON-FLAX to five years of probation and ordered her to pay $251,259 in restitution to the Internal Revenue Service (“IRS”).
According to court records, MILTON-FLAX knowingly prepared materially false tax returns for two individuals in that the return reported business losses and expenses that were completely fictitious in order to fraudulently inflate the tax refund received from the Internal Revenue Service. In total, Special Agents of the IRS confirmed that the defendant prepared and filed at least 48 fraudulent tax returns for 17 clients.
U.S. Attorney Polite praised the work of the Internal Revenue Service – Criminal Investigations. Assistant United States Attorney G. Dall Kammer was in charge of the prosecution.
Guatemalan Drug Trafficker Pleads Guilty to Using U.S. Registered Aircraft to Transport Thousands of Kilograms of CocaineRead the Press Release
RICHMOND, Va. – Fernando Josue Chang-Monroy, 36, of Guatemala City, Guatemala, pleaded guilty today for his in role in an international drug trafficking conspiracy involving the use of United States registered aircraft purchased in the Eastern District of Virginia to transport 2,000 kilograms of cocaine in Central and South America.
“Chang-Monroy admitted today to participating in an international drug-trafficking conspiracy involving the transportation of thousands of kilograms of cocaine across Central and South America using aircraft purchased within the Eastern District,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “I commend our partners in state, federal, and international law enforcement for their cooperative efforts to unravel this massive drug conspiracy.”
“The plea agreement received from Chang-Monroy, a cocaine transporter in the international drug trade, is a reminder that justice will be served,” said Karl C. Colder, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Washington Field Division. “The DEA will continue to pursue the highest level of drug traffickers and work with our international and domestic partners to dismantle these criminal enterprises that threaten to bring these dangerous drugs inside our borders. As a result of the extraordinary efforts of U.S. law enforcement working together with our Guatemalan law enforcement partners, a significant drug trafficker in Central America has been brought to justice. This case serves as an example that there are no borders when it comes to prosecuting international narco-traffickers.”
“I am exceptionally proud of the teamwork with our federal partners,” said Colonel David R. Hines, Hanover County Sheriff. “This case is a perfect example of commitment and dedication among local and federal agencies working toward a common goal of serving our communities. I could not be more proud of the agencies and individual officers who worked so diligently to bring this case to a successful conclusion.”
In a statement of facts filed with the plea agreement, Chang-Monroy admitted to his role in the conspiracy to purchase two United States registered aircraft in the Eastern District of Virginia, for the purpose of transporting large amounts of cocaine from clandestine airstrips in Venezuela to clandestine airstrips in Honduras. Also as part of the conspiracy, Chang-Monroy arranged with the Venezuelan military for the safe passage of the drug trafficking aircraft through Venezuelan air space.
The first aircraft purchased by Chang-Monroy, a Beechcraft King Air C90 (“King Air C90”), was sold to a known Honduran drug trafficking organization in exchange for a percentage from the sale of the cocaine that was successfully transported on the aircraft and later distributed. On or about Oct. 27, 2013, the King Air C90 flew to Apure, Venezuela, where 1,000 kilograms of cocaine was loaded onto the aircraft and then successfully transported to Limon, Honduras. The second aircraft purchased by Chang-Monroy, a Beechcraft King Air E90 (“King Air E90”), was sold to a Colombian drug trafficking organization in exchange for U.S. currency. In order to prepare the King Air E90 for its illegal activities, Chang-Monroy arranged for multiple test flights to ensure its airworthiness, painted the aircraft to conceal its identity, and selected pilots to operate the aircraft during its trip to transport the cocaine. On or about March 2, 2014, the King Air E90 flew to Apure, Venezuela, and was loaded with 1,000 kilograms of cocaine. Prior to departure, upon seeing Venezuelan military aircraft overhead, the King Air E90 pilot refused to take off. Due to this delay, the cocaine was off-loaded from the King Air E90 and the Venezuelan military aircraft destroyed the King Air E90. On Sept. 10, 2015, Chang-Monroy was arrested in Guatemala City, Guatemala, and extradited to the United States on Dec. 1, 2015.
Chang-Monroy was indicted by a federal grand jury on May 6, 2015, and faces a maximum penalty of life in prison sentenced on July 18, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Thomas M. Jankowski, Special Agent in Charge of IRS-Criminal Investigation’s (IRS-CI) Washington D.C. Field Office; Colonel David R. Hines, Hanover County Sheriff; and Colonel Thierry Dupuis, Chief of Chesterfield County Police, made the announcement after the plea was accepted by U.S. District Judge Henry E. Hudson.
This case was investigated by the DEA and IRS-CI in partnership with the FBI, Richmond Police Department, Virginia State Police, the DEA Guatemala Country Office, and the DEA Bogota Country Office. Assistant U.S. Attorneys Erik S. Siebert, Dominick S. Gerace, and Peter S. Duffey are prosecuting 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. 3:14-cr-75.
Greer Man Pleads Guilty to Illegal Dumping in Violation of the Clean Water ActRead the Press Release
Contact Person: Jamie Schoen (864) 282-2100
Greenville, South Carolina ---- United States Attorney Bill Nettles stated that Timothy Howard, age 50, of Greer, South Carolina has entered a guilty plea in federal court in Anderson, to two counts of Violating Pretreatment Standards of the Clean Water Act, violations of 33 U.S.C. §§ 1317 and 1319, and 40 C.F.R. 403.5(b)(8). United States District Judge Timothy M. Cain of Anderson accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on April 2, 2011, Timothy Howard used an American Waste hauling truck to dump waste into a grease trap outside of a Publix in Greenville County, South Carolina. The grease trap was connected to the ReWa - Renewable Water Resources system. The site was not a designated waste disposal discharge point, and the illegal dumping violated both the Clean Water Act and Howard’s permit with ReWa.
On June 18, 2013, Howard again was caught illegally dumping into another grease trap. The grease trap on this date was located behind a closed restaurant in Lyman, South Carolina, and was connected to the Town of Lyman system. Again, this was not a designated discharge point, and dumping at this site violated both the Clean Water Act and the Town of Lyman regulations. At all times relevant to the charges, Timothy Howard was the owner and operator of American Waste, Inc., also known as American Waste Septic Tank Service.
Mr. Nettles stated the maximum penalty for each count of Violating Pretreatment Standards of the Clean Water Act is imprisonment for 3 years and/or a fine of $50,000 per day of the violations.
The case was investigated by agents of the Environmental Protection Agency, the Office of Criminal Investigations for South Carolina Department of Health and Environmental Control, the Greenville County Sheriff’s Office, the Duncan Police Department, and the Lyman Police Department. Assistant United States Attorney Jamie Lea Schoen of the Greenville is prosecuting the case.
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Fourteen People Indicted on Charges Involving A Bootleg Cigarette SchemeRead the Press Release
St. Louis, MO –Fourteen people have been charged in a federal indictment alleging a large-scale conspiracy to traffic in contraband cigarettes. Twelve of the fourteen defendants were arrested earlier today, and the two remaining defendants are expected to surrender in the near future. The indictment had been returned on February 18, 2016, but remained sealed until the arrests today. The defendants are primarily from New York and the Atlanta area.
The indictment alleges that the defendants purchased large quantities of cigarettes in Missouri and Georgia, where the state tax on cigarettes is substantially lower than in New York, transported them to New York, sold the cigarettes without paying the New York tax, and concealed the transactions, resulting in a substantial profit.
According to the indictment, the State of Missouri and the State of New York require that a tax stamp be affixed to each package of cigarettes as proof of tax payments. New York currently imposes a combined state-local tax of $5.85 per package, compared with Missouri which imposes combined state-local tax of 22 to 24 cents per package in St. Louis County and St. Louis City. It is estimated that the tax loss for New York State is in excess of twenty million dollars.
If convicted, conspiracy to traffic in contraband cigarettes and money laundering carries a maximum penalty of five years in prison, and/or a fine up to $250,000; each count of trafficking in contraband cigarettes carries a maximum of five years in prison and/or fines up to $250,000; each count of money laundering carries a maximum of 20 years in prison and/or fines up to $500,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and IRS Criminal Investigation, with the assistance of multiple federal, state and local law enforcement agencies in Missouri, New York, Georgia, Indiana and Illinois.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Fourteen Indicted in Methamphetamine Distribution ConspiracyRead the Press Release
FORT WORTH, Texas — Thirteen individuals, most from the Wichita Falls, Texas, area, charged in a federal indictment with offenses stemming from their respective roles in a methamphetamine distribution conspiracy, remain in federal custody after making their initial appearances in federal court in Fort Worth, Texas, and pleading not guilty to the charges. One defendant charged in the indictment remains in state custody. A trial date of April 11, 2016, has been set. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
The indictment alleges the conspiracy began before mid-2011 and continued to the date of the indictment, February 10, 2016. Count One of the indictment charges the following six defendants with conspiracy to possess with intent to distribute 50 grams or more of methamphetamine:
Cleto Tarin, 52
Miguel Antonio Martinez, 31
Marcus Caldwell, 32
Hector Salvidar, 33
Bobby Frie, Jr., 30
Ramondo Acuna, 31If convicted on this count, the statutory penalty is not less than five years or more than 40 years in federal prison and a $5 million fine.
Count Two of the indictment charges the following eight defendants with conspiracy to possess with intent to distribute methamphetamine:
David Sheppard, 39
Kendra Ward, 27
Susan Williams, 28
Eric Overstreet, 27
Robert Baggott, 45
Cecil Hindman, 51
Oscar Melanson, 31
Jonathan Morris, 31Defendant Hindman has not yet made his initial appearance in federal court; a writ has been issued to transfer him from state custody to federal custody. If convicted on this count, the statutory penalty is a maximum of 20 years in federal prison and a $1 million fine.
An indictment is an accusation by a grand jury. A defendant is entitled to the presumption of innocence unless proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wichita Falls Police Department are conducting the investigation.
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Fourteen Additional Defendants Charged for Felony Crimes Related to 2014 Standoff in NevadaRead the Press Release
The Justice Department announced today that a federal grand jury in Nevada has charged 14 additional defendants in connection with the armed assault against federal law enforcement officers that occurred in the Bunkerville, Nevada, area on April 12, 2014.
“The Department of Justice is committed to protecting the American people and defending the rule of law,” said Attorney General Loretta E. Lynch. “Today’s actions make clear that we will not tolerate the use of threats or force against federal agents who are doing their jobs. We will continue to protect public land on behalf of the American people, uphold federal law, and ensure that those who employ violence to express their grievances with the government will be apprehended and held accountable for their crimes.”
“Our democracy provides lawful ways individuals can respond if they disagree with their government, but if you resort to violence or threats, you will be held accountable under the law,” said FBI Director James B. Comey.
A superseding criminal indictment was returned by the grand jury on March 2 and now charges a total of 19 defendants. The 14 new defendants are Melvin D. Bundy, 41, of Round Mountain, Nevada; David H. Bundy, 39, of Delta, Utah; Brian D. Cavalier, 44, of Bunkerville; Blaine Cooper, 36, of Humboldt, Arizona; Gerald A. DeLemus, 61, of Rochester, New Hampshire; Eric J. Parker, 32, of Hailey, Idaho; O. Scott Drexler, 44, of Challis, Idaho; Richard R. Lovelien, 52, of Westville, Oklahoma; Steven A. Stewart, 36, of Hailey; Todd C. Engel, 48, of Boundary County, Idaho; Gregory P. Burleson, 52, of Phoenix; Joseph D. O’Shaughnessy, 43, of Cottonwood, Arizona; and Micah L. McGuire, 31, and Jason D. Woods, 30, both of Chandler, Arizona.
The newly-added defendants are each charged with one count of conspiracy to commit an offense against the United States and conspiracy to impede or injure a federal officer, and at least one count of using and carrying a firearm in relation to a crime of violence, assault on a federal officer, threatening a federal law enforcement officer, obstruction of the due administration of justice, interference with interstate commerce by extortion and interstate travel in aid of extortion. The indictment also alleges five counts of criminal forfeiture which upon conviction would require forfeiture of property derived from the proceeds of the crimes totaling at least $3 million, as well as the firearms and ammunition possessed and used on April 12, 2014.
Twelve defendants were arrested earlier today. Two defendants, Cavalier and Cooper, were already in federal custody in the District of Oregon.
Charges against the original five defendants, Cliven D. Bundy, 69, of Bunkerville; Ryan C. Bundy, 43, of Mesquite, Nevada; Ammon E. Bundy, 40, of Emmet, Idaho; Ryan W. Payne, 32, of Anaconda, Montana; and Peter T. Santilli Jr., 50, of Cincinnati, remain the same.
The superseding indictment alleges that the charges result from a massive armed assault against federal law enforcement officers that occurred in and around Bunkerville on April 12, 2014. The defendants are alleged to have planned, organized and led the assault in order to extort the officers into abandoning approximately 400 head of cattle that were in their lawful care and custody. In addition to conspiring among themselves to plan and execute these crimes, the defendants recruited, organized and led hundreds of other followers in using armed force against law enforcement officers in order to thwart the seizure and removal of Cliven Bundy’s cattle from federal public lands. Bundy had trespassed on the public lands for over 20 years, refusing to obtain the legally-required permits or pay the required fees to keep and graze his cattle on the land.
The superseding indictment charges that Cliven Bundy was the leader, organizer and chief beneficiary of the conspiracy, and possessed ultimate authority over the conspiratorial operations and received the economic benefits of the extortion. The remaining defendants are charged as leaders and organizers who conspired with Bundy to achieve his criminal objectives.
If convicted, the maximum penalties for the charges are: five years and a $250,000 fine for conspiracy to commit an offense against the United States; six years and a $250,000 fine for conspiracy to impede and injure a federal law enforcement officer; 20 years and a $250,000 fine for assault on a federal law enforcement officer; 10 years and a $250,000 fine for threatening a federal law enforcement officer; 10 years and a $250,000 fine for obstruction of the due administration of justice; 20 years and a $250,000 fine for interference with interstate commerce by extortion; and 20 years and a $250,000 fine for interstate travel in aid of extortion. The use and carry of a firearm in relation to a crime of violence charge carries a five year mandatory minimum to be served consecutively.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The case is being investigated by the FBI and the Bureau of Land Management. It is being prosecuted by Assistant U.S. Attorneys Steven W. Myhre and Nicholas D. Dickinson and Special Assistant U.S. Attorneys Nadia J. Ahmed and Erin M. Creegan of the District of Nevada.
Bundy Superseding Indictment