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Thursday 3 March 2016
Fourteen Additional Defendants Charged for Felony Crimes Related to 2014 Standoff in NevadaRead the Press Release
WASHINGTON – 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.
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Fourteen Additional Defendants Charged for Felony Crimes Related to 2014 Standoff in NevadaRead the Press Release
LAS VEGAS, Nev. – The federal grand jury in Nevada has charged 14 more defendants in connection with the armed assault against federal law enforcement officers that occurred in the Bunkerville, Nev. area on April 12, 2014, over the removal of Cliven Bundy’s cows from public lands, announced U.S. Attorney Daniel G. Bogden for the District of Nevada and Special Agent in Charge Laura Bucheit for the FBI in Nevada.
“This investigation began the day after the assault against federal law enforcement officers and continues to this day,” said U.S. Attorney Bogden. “We will continue to work to identify the assaulters and their role in the assault and the aftermath, in order to ensure that justice is served.”
A superseding criminal indictment was returned by the grand jury on Wednesday, March 2, and now charges a total of 19 defendants. The 14 new defendants are Melvin D. Bundy, 41, of Round Mountain, Nev., David H. Bundy, 39, of Delta, Utah, Brian D. Cavalier, 44, of Bunkerville, Nev., Blaine Cooper, 36, of Humboldt, Ariz., Gerald A. DeLemus, 61, of Rochester, N.H., Eric J. Parker, 32, of Hailey, Idaho, O. Scott Drexler, 44, of Challis, Idaho, Richard R. Lovelien, 52, of Westville, Okla., Steven A. Stewart, 36, of Hailey, Idaho, Todd C. Engel, 48, of Boundary County, Idaho, Gregory P. Burleson, 52, of Phoenix, Ariz., Joseph D. O’Shaughnessy, 43, of Cottonwood, Ariz., and Micah L. McGuire, 31, and Jason D. Woods, 30, both of Chandler, Ariz.
Twelve defendants were arrested earlier today. Two defendants, Brian D. Cavalier and Blaine Cooper, were already in federal custody in the District of Oregon.
“These indictments and subsequent arrests send an irrefutable message to the American people that our determination remains steadfast to protect them and pursue individuals who participate in violent acts of this nature,” said Special Agent in Charge Bucheit.
The newly-added defendants are 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.
Charges against the original five defendants, Cliven D. Bundy, 69, of Bunkerville, Nev., Ryan C. Bundy, 43, of Mesquite, Nev., Ammon E. Bundy, 40, of Emmet, Idaho, Ryan W. Payne, 32, of Anaconda, Mont., and Peter T. Santilli, Jr., 50, of Cincinnati, Ohio, remain the same.
The superseding indictment states that the charges result from a massive armed assault against federal law enforcement officers that occurred in and around Bunkerville, Nev., 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.
The maximum penalties for the charges are stated below.
Conspiracy to Commit an Offense Against the United States – 5 years, $250,000 fine
Conspiracy to Impede and Injure a Federal Law Enforcement Officer – 6 years, $250,000 fine
Assault on a Federal Law Enforcement Officer – 20 years, $250,000 fine
Threatening a Federal Law Enforcement Officer – 10 years, $250,000 fine
Use and Carry of a Firearm in Relation to a Crime of Violence – 5 years minimum and consecutive
Obstruction of the Due Administration of Justice - 10 years, $250,000 fine
Interference with Interstate Commerce by Extortion - 20 years, $250,000 fine
Interstate Travel in Aid of Extortion – 20 years, $250,000 fine
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.
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.
Four Bureau of Corrections Officers Arrested on Charges of Providing Prison ContrabandRead the Press Release
St. Croix, USVI – Waheeda Ali, 32, Abdul Robinson, 38, Patrick Richards, 41, Eustace Roper, 51, were arrested yesterday pursuant to criminal complaints filed against them on Tuesday, March 1, 2016, United States Attorney Ronald W. Sharpe announced today. They made their initial appearance before U.S. Magistrate Judge George Cannon in district court yesterday. All defendants were released on bail pending the filing of formal charges.
The complaints resulted from years of investigative work by the U.S. Drug Enforcement Administration and the Federal Bureau of Investigation who conducted a probe into official corruption within the Virgin Islands Bureau of Corrections.
The complaints charge all defendants with varying counts of providing contraband in prison, promoting dangerous prison contraband and conflict of interest. If convicted of providing prison contraband, the defendants face a maximum of one year of incarceration. If convicted of promoting dangerous prison contraband, they face a maximum sentence of five years’ incarceration. If convicted of conflict of interest, they face a minimum sentence of one year of incarceration and a maximum sentence of five years.
A complaint is merely an informal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Former Tribal Casino Employee Pleads Guilty to EmbezzlementRead the Press Release
WICHITA, KAN. – A former tribal casino employee pleaded guilty Wednesday to embezzlement, U.S. Attorney Barry Grissom said today.
Donald M. Collins, 32, Wetmore, Kan., pleaded guilty to one count of embezzlement and theft from an Indian tribal organization. In his plea, he admitted the crime took place while he worked as a Players Club Representative for the Sac and Fox Casino, which is owned by the Sac and Fox Nation of Kansas and Nebraska.
Collins made counterfeit player cards and placed unearned free play on player cards belonging to his friends. Collins and others played the cards. The value of the counterfeit cards, along with winnings generated by the cards, caused a total loss to the casino of $30,766.
Sentencing is set for July 7. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Kansas State Gaming Agency investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Former Tax Preparer Sentenced to Six Years for Filing More Than $700,000 in False Tax ReturnsRead the Press Release
Memphis, TN – A woman has been sentenced to 72 months for submitting fraudulent federal income tax returns that defrauded the government of more than $700,000. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, and Tracey D. Montaño, Special Agent in Charge of IRS-Criminal Investigation, announced the sentence today.
According to information presented in court, Bridget Pollard, 45, of Memphis, owned and operated Freedom Tax Service, a local tax preparation business. For the 2008 tax year, Pollard utilized an electronic filing identification number (EFIN) to electronically process and file tax returns. Pollard submitted 97 returns to the Internal Revenue Service (IRS) that falsely and fraudulently claimed credits for first-time homebuyers (FTHBC) and business owners (Schedule C).
Pollard reportedly told clients that all they had to do to qualify for FTHBC was have the intention to purchase a home. Many clients were unaware that Pollard was actually filing a tax return on their behalf; they thought they were simply applying for a home loan. Furthermore, Pollard filed false Schedule C tax forms for clients who were in fact unemployed.
The total amount of fraudulent claims made by Pollard was in excess of $700,000.
In December 2015, Pollard was convicted by a federal jury on 12 counts of submitting fraudulent federal income tax returns.
On Wednesday, March 2, 2016, Chief U.S. District Judge Jon P. McCalla sentenced Pollard to six years in federal prison.
This case was investigated by IRS-Criminal Investigation.
Assistant U.S. Attorneys David Pritchard and Damon K. Griffin prosecuted the case on the government’s behalf.
Former Mandeville Postal Worker Sentenced for Stealing Credit Cards from the MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JOHNNY BAHAM, age 53, of Mandeville, was sentenced today after previously pleading guilty to stealing the United States mail.
According to court records, BAHAM was employed as a contract letter carrier in Mandeville. A federal investigation revealed that in December 2014, BAHAM stole first class mail containing two $75 Master Card gift cards from his mail route.
U.S. District Judge Eldon E. Fallon sentenced BAHAM to three years’ probation, $150 in restitution, and a $250 fine.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, Office of Inspector General in investigating this matter. Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.
Former Jail Administrator from Stone County, Arkansas, Pleads Guilty to Instructing Inmates to Assault Another PrisonerRead the Press Release
The Justice Department announced that Randel Branscum, 56, a former chief deputy and jail administrator with the Stone County Sheriff’s Office in Mountain View, Arkansas, pleaded guilty late yesterday to violating the civil rights of a prisoner when he instructed two other inmates to beat that prisoner and then arranged for the beating to occur. One of those inmates, Matthew McConniel, also pleaded guilty late yesterday to the same charge as Branscum, while the other inmate, James Beckham, pleaded guilty to the same civil rights offense on Feb. 26, 2016.
During his guilty plea before Chief U.S. District Judge Brian S. Miller of the Eastern District of Arkansas, Branscum admitted that while acting under his authority as jail administrator, he approached the inmates in their cell and asked them to “handle” the victim. Branscum then forced the victim into the cell and allowed the victim to be beaten by Beckham and McConniel as instructed. During the assault, the victim was repeatedly struck and his head was punched into a windowsill causing a laceration and other injuries. Branscum admitted that after the beating, he gave Beckham and McConniel tobacco.
Branscum is expected to receive a sentence of 12 months and a day in federal prison. He will be sentenced at a later date.
“Branscum abused his authority as a law enforcement officer by facilitating the assault of an individual in custody,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously pursue and hold accountable members of law enforcement who violate their oath and the civil rights of others.”
“Branscum’s actions undermine the credibility of all law enforcement officers, and he must be held accountable,” said U.S. Attorney Christopher R. Thyer of the Eastern District of Arkansas. “We will not tolerate the violation of anyone’s rights, and law enforcement officers who break the law and violate their oath to protect the public will continue to face the consequences of their actions.”
This case was investigated by the FBI, and was prosecuted by Special Litigation Counsel Gerard Hogan, and Trial Attorneys Gabriel Davis and Samantha Trepel of the Civil Rights Division’s Criminal Section, and Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas.
Former Jail Administrator from Stone County, Arkansas, Pleads Guilty to Instructing Inmates to Assault Another PersonRead the Press Release
WASHINGTON – The Justice Department announced that Randel Branscum, 56, a former chief deputy and jail administrator with the Stone County Sheriff’s Office in Mountain View, Arkansas, pleaded guilty late yesterday to violating the civil rights of a prisoner when he instructed two other inmates to beat that prisoner and then arranged for the beating to occur. One of those inmates, Matthew McConniel, also pleaded guilty late yesterday to the same charge as Branscum, while the other inmate, James Beckham, pleaded guilty to the same civil rights offense on Feb. 26, 2016.
During his guilty plea before Chief U.S. District Court Judge Brian S. Miller of the Eastern District of Arkansas, Branscum admitted that while acting under his authority as jail administrator, he approached the inmates in their cell and asked them to "handle" the victim. Branscum then forced the victim into the cell and allowed the victim to be beaten by Beckham and McConniel as instructed. During the assault, the victim was repeatedly struck and his head was punched into a windowsill causing a laceration and other injuries. Branscum admitted that after the beating, he gave Beckham and McConniel tobacco.
Branscum is expected to receive a sentence of 12 months and a day in federal prison. He will be sentenced at a later date.
"Branscum abused his authority as a law enforcement officer by facilitating the assault of an individual in custody," said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. "The Justice Department will continue to vigorously pursue and hold accountable members of law enforcement who violate their oath and the civil rights of others."
"Branscum’s actions undermine the credibility of all law enforcement officers, and he must be held accountable," said U.S. Attorney Christopher R. Thyer of the Eastern District of Arkansas. "We will not tolerate the violation of anyone’s rights, and law enforcement officers who break the law and violate their oath to protect the public will continue to face the consequences of their actions."
This case was investigated by the FBI, and was prosecuted by Special Litigation Counsel Gerard Hogan, and Trial Attorneys Gabriel Davis and Samantha Trepel of the Civil Rights Division’s Criminal Section, and Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas.
Former Alcorn State University Police Officer Pleads Guilty to Assaulting Former StudentRead the Press Release
The Justice Department announced that Berthurm Allen, 42, a former police officer with the Alcorn State University (ASU) Police Department in Lorman, Mississippi, pleaded guilty today in federal court to violating the civil rights of an arrestee.
During his guilty plea before Senior U.S. District Judge David Bramlette III of the Southern District of Mississippi, Allen admitted that while acting under his authority as an ASU police officer, he elbowed the victim in the face and threw the victim to the ground without legal justification. He also admitted that he misrepresented the circumstances surrounding the incident in his official police report to minimize his exposure to allegations of misconduct. Allen’s actions caused injuries to the victim’s nose and face. According to information presented in court, the incident occurred at the Claiborne County Jail in Port Gibson, Mississippi, and was recorded by the jail’s surveillance cameras.
“When police officers violate the laws they swear to uphold, it threatens the credibility of our criminal justice system,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute and hold accountable those officers who violate the constitutional rights of people in their custody.”
“The use of excessive force by law enforcement officers is a violation of the officer’s oath to protect the constitutional rights of all persons, even those in custody,” said U. S. Attorney Gregory K. Davis of the Southern District of Mississippi. “Ensuring that law enforcement officers do not victimize the citizens they are sworn to serve and protect is a top priority of this office.”
This case was investigated by the FBI’s Jackson Division, and is being prosecuted by Trial Attorneys Julia Gegenheimer and Sheldon L. Beer of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Christopher Wansley of the Southern District of Mississippi.
Florida Man Pleads Guilty to StalkingRead the Press Release
Contact: Julia M. Lipez
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Charles Mack, 51, of Clearwater, Florida, pleaded guilty today in U.S. District Court to stalking.
Court records reveal that between January 2014 and May 2015, Mack sent a series of harassing emails and text messages to his ex-wife, who was living in Maine, despite her repeated requests that he stop the communications. Mack’s conduct caused the victim substantial emotional distress.
Mack faces up to five years in prison and a fine of up to $250,000. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation.
Fishers Tax Return Preparer pleads guilty in fraud schemeRead the Press Release
INDIANAPOLIS – United States Attorney Josh J. Minkler announced today that David R. Franklin, 43, Fishers, has pled guilty to three counts of procuring the preparation of false federal income tax returns before U.S. District Judge Tanya Walton Pratt.
“When someone cheats on their tax returns, let’s call it what it is-stealing,” said Minkler. “Federal budgets are not bottomless accounts and when individuals steal from the government, the difference must be made up by honest tax-paying citizens.”
Franklin owned and operated more than 20 Instant Tax Service (ITS) tax preparation stores in Indianapolis. On August 8, 2013, United States District Judge Sarah Evans Barker granted a permanent civil injunction against Franklin and ITS. This action ordered Franklin and ITS from directly or indirectly preparing, filing or assisting in the preparation or filing of any federal tax return.
The Internal Revenue Service-Criminal Investigation initiated an investigation of Franklin. The investigation revealed that Franklin trained and directed his employee return preparers regarding the preparation of federal income tax returns. Specifically, Franklin counseled and advised his employees to prepare false and fraudulent federal income tax returns for multiple clients from 2010 through 2012.
As a specific means of generating false returns, Franklin directed his employees to prepare Form 1040 Schedule C forms reporting inflated business income or losses, which then resulted in unauthorized earned income credits and refunds for taxpayer clients of ITS.
As a result of these efforts by Franklin, more than 2,300 false federal income tax returns were filed by ITS between 2010 and 2012, which resulted in a loss to the Internal Revenue Service and the American public of $1,501,000.
As part of Franklin’s plea agreement, he will be ordered by the court to pay full restitution for the criminal tax loss of $1,501,000.
“With tax season upon us, I want to assure the American taxpayers that IRS Criminal Investigation is focused on protecting revenue by investigating abusive tax return preparers,” said IRS Criminal Investigation Special Agent in Charge James D. Robnett. “While most return preparers are honest and provide excellent service, a few unscrupulous tax preparers file false and fraudulent returns to defraud their clients and the United States government. Today we are putting those dishonest tax preparers on notice; we are watching your activities more closely than ever before. Today’s guilty plea should send a loud message to those dishonest return preparers thinking of engaging in criminal activity.”
According to Assistant United States Attorney James M. Warden, who is prosecuting the case for the government, each offense is punishable by a maximum sentence of three (3) years’ imprisonment, a $250,000 fine, and one (1) year supervised release following any term of imprisonment. Warden added that the sentence imposed on each count may be ordered to be served consecutively to the other counts. Sentencing date is scheduled for October 14, 2016.
Final Barrio Azteca Member in El Paso Sentenced to Federal Prison on RICO, Drug Trafficking and Money Laundering ChargesRead the Press Release
In El Paso today, 40-year-old Barrio Azteca member Roberto Meza was sentenced to 120 months in federal prison for his role in a racketeering enterprise. Meza was the 17th and final defendant to be sentenced to federal prison as a result of this investigation.
That announcement was made today by United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist, and Homeland Security Investigations Special Agent in Charge Waldemar Rodriguez.
On August 21, 2015, Meza pleaded guilty to one count of conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute, one count of conspiracy to possess with intent to distribute a controlled substance, and one count of money laundering.
According to court records, from August 1, 2010, to September 10, 2014, the members of this organization conducted their affairs through a pattern of racketeering to include murder, attempted murder, extortion, assault, and drug trafficking.
Other defendants sentenced in this investigation include:
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Juan Pablo Espino, age 38 – sentenced to 299 months imprisonment; fined $2,000 after pleading guilty to RICO conspiracy and money laundering charges;
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Fernando Madrid, age 42 – sentenced to 110 months imprisonment; fined $2,000 after pleading guilty to RICO conspiracy charge;
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Raul Lopez, age 35 – sentenced to 120 months imprisonment; fined $2,000 after pleading guilty to RICO conspiracy charge;
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Manuel Minjares, age 55 -- sentenced to 300 months imprisonment; fined $2,000 after pleading guilty to RICO conspiracy charge;
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Eugene Lozano, age 44 – sentenced to 120 months imprisonment; fined $2,000 after pleading guilty to RICO conspiracy charge;
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Rigoberto Alvarado-Mendez, age 42 – sentenced to 90 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge;
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Gabriel Aldana, age 44 – sentenced to 90 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge;
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Richard Rene Espino, age 35 – sentenced to 120 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge;
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Christopher Ytuarte, age 42 – sentenced to 120 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy and money laundering charges;
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Rito Miguel Alvarez, age 37– sentenced to 240 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge;
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Ramon Sanchez, age 49 – sentenced to 120 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge;
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Hector Bernal, age 46 – sentenced to 110 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge;
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Jose Angel Barrios, age 45 – sentenced to 240 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy and Murder in Aid of Racketeering charges;
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Eddie Mendoza, age 32 – sentenced to 110 months imprisonment; fined $2,000 after pleading guity to the RICO conspiracy charge;
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Barbara Rodriguez, age 36 – sentenced to one year imprisonment followed by three years of supervised release after pleading guilty to the RICO conspiracy and drug distribution conspiracy charges; and,
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Juan Carlos Nunez, age 24 – sentenced to 60 months imprisonment; fined $2,000 after pleading guilty to the RICO conspiracy charge.
“As a result of these sentencings, the Barrio Azteca criminal enterprise was held accountable for three gang related murders and the principal Barrio Azteca leaders were removed from the streets of El Paso. The FBI will continue to investigate criminal enterprise groups in the El Paso Area of Responsibility to maintain safety in the community,” stated FBI Special Agent in Charge Douglas E. Lindquist.
Waldemar Rodriguez, Special Agent in Charge of HSI El Paso, said, “This case exemplifies the effectiveness of law enforcement joining forces to protect our community from violent gangs. This sentence makes clear that HSI will not allow thugs, who think they are above the law, to rule our streets. We will continue to work with our law enforcement partners and the community at large to bring criminals to justice.”
This case resulted from an investigation led by the FBI El Paso - Safe Streets Gang Task Force, and the El Paso Police Department, with significant assistance by the El Paso Sheriff’s Office, Texas Department of Public Safety, Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), U.S. Customs and Border Protection (CBP), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and several other law enforcement agencies.
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Federal Judge Sentences Tuscaloosa County Man to 14 Years in Prison for Receiving and Possessing Child PornographyRead the Press Release
BIRMINGHAM – A federal judge on Monday sentenced a Tuscaloosa County man to 14 years in prison for receiving and possessing child pornography, announced U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Roger C. Stanton and Alabama Law Enforcement Agency Acting Secretary Stan Stabler.
U.S. District Judge L. Scott Coogler sentenced ADAM SHANE SWINDLE, 34, on one count each of receiving and possessing child pornography in 2014.
The defendant used peer-to-peer file-sharing computer software to receive and possess videos depicting children under the age of 12 being raped and sodomized. The simple possession of these images is a crime of violence.
“This defendant is NOT a minimal offender and therefore deserves a harsh sentence of imprisonment,” the government said in a court filing.
The FBI and ALEA State Bureau of Investigation investigated the case, which Assistant U.S. Attorney Jacquelyn Hutzell prosecuted.
Dominican Man Pleads Guilty to Misrepresenting A Social Security NumberRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Alberto Martinez, of the Dominican Republic, has pleaded guilty to a two-count indictment alleging that he misrepresented a social security number and falsely claimed to be a U.S. citizen while attempting to get a New Hampshire driver’s license.
On November 5, 2015, a New Hampshire State Trooper requested assistance from U.S. Immigration and Customs Enforcement and Removal Operations (ICE-ERO) in identifying an individual who was attempting to renew a New Hampshire driver’s license.
The individual initially claimed to be a United States Citizen born in Puerto Rico. He had filled out and signed a renewal application on which he had entered a social security number which had not been assigned to him and had answered “yes” to the question “Are you a United States citizen?”
ICE-ERO agents informed the defendant that they intended to submit his fingerprints to the Department of Homeland Security’s Integrated Automated Biometric Identification System (IAFIS) and the Automated Biometric Identification System (IDENT) for comparison to FBI and ICE databases. Before being fingerprinted, the defendant admitted that his true name was Alberto Martinez, that he was born in the Dominican Republic and is a citizen of the country, and that he illegally entered the United States about six years earlier by walking across the United States border with Mexico.
Martinez will be sentenced at 10:00 AM on June 20, 2016, and will be deported after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and the New Hampshire State Police. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
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District Court Enters Permanent Injunction Against Virginia-Based Sprout Producer and its Owner to Prevent Distribution of Adulterated FoodRead the Press Release
The U.S. District Court for the Eastern District of Virginia entered a consent decree of permanent injunction against Henry’s Farm Inc., of Woodford, Virginia, and its owner, Soo C. Park, to prevent the distribution of adulterated food, the Department of Justice announced today. Henry’s Farm manufactured and distributed a variety of soybean sprouts and repackaged and distributed mungbean sprouts.
The department filed a complaint in the U.S. District Court for the Eastern District of Virginia at the request of the U.S. Food and Drug Administration (FDA), alleging that the company and its owner have a history of processing food products under insanitary conditions.
In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction. Under the consent decree, defendants cannot process or distribute food until they report to FDA the actions they have taken to bring their operations into compliance with the federal Food, Drug and Cosmetic Act (FDCA), including cleaning and sanitizing the facility and equipment therein, and FDA notifies the defendants that they appear to be in compliance with specific remedial actions set forth in the decree and the FDCA.
“Insanitary conditions at food processing facilities can pose well-known risks to consumers, but such risks can be effectively mitigated if companies handling food take proper precautions,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work aggressively with the FDA to combat and deter conduct that leads to the distribution of adulterated food to consumers.”
“It’s the FDA’s responsibility to protect consumers from potentially harmful food entering the food supply,” said FDA’s Associate Commissioner Melinda K. Plaisier for regulatory affairs. “When a company continues to produce food that presents a risk for consumers, the FDA will take whatever steps necessary to protect public health.”
According to the complaint, in December 2014, FDA investigators inspected Henry’s Farm’s manufacturing facility at 5500 Fair Oaks Lane in Woodford and found numerous insanitary conditions, including: standing water in the sprout production room; sprout debris at various places along the packaging line and floor; three dead insects and a live spider on packing material in the processing room and three dead insects in the seed storage area.
As alleged in the complaint, FDA investigators discovered the presence of L. mono at the facility, including samples taken from food contact surfaces and a sample of finished sprout product collected in May 2012. L. mono is food-borne bacteria that can cause serious illness or even death in consumers. Eating food contaminated with L. mono poses the greatest risk to populations with impaired or weaker immune systems, including pregnant women, infants and the elderly.
According to the complaint, the FDA inspected Henry’s Farm’s facility three times before the December 2014 inspection — in June 2014, December 2013 and May 2012. As alleged in the complaint, in each prior inspection, FDA investigators found inadequate sanitation practices including: standing water in sprout production areas; sprout debris on food contact surfaces; failure to maintain cleaning logs; rodent activity in the sprout production area and failure to use any antimicrobial treatment to reduce the hazard of pathogens that may be present on seed for sprouting. As alleged in the complaint, FDA repeatedly warned defendants that further action could be taken if the insanitary conditions persisted.
The government is represented by Trial Attorney Arturo DeCastro of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel Tara Boland of the Department of Health and Human Services’ Office of General Counsel – Food and Drug Division.
Henry's Farm Consent Decree of Permanent Injunction
Department of Justice Announces New Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
Attorney General Loretta E. Lynch announced a new Award for Distinguished Service in Community Policing at a roundtable during her Community Policing Tour stop in Portland, Oregon.
The Attorney General’s Award recognizes individual state, local or tribal sworn police officers and deputies for exceptional efforts in community policing. The winning officer(s) or deputy and/or deputies will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing.
“I have made building trust between law enforcement officers and the communities we serve a top priority for the Department of Justice,” said Attorney General Lynch. “Honoring the outstanding work of our rank and file is a significant part of that effort. This award will represent and uplift the often unsung work being done every day by law enforcement officers throughout the nation.”
Within each category an award will be given to law enforcement agencies serving small, medium and large jurisdictions including:
- Agencies serving populations fewer than 50,000
- Agencies serving populations 50,000 to 250,000
- Agencies serving populations over 250,000
By distinguishing and rewarding these efforts, the Department of Justice strives to promote and sustain its national commitment to community policing and to advance policing practices that are fair, impartial and procedurally just.
With the Attorney General’s Award for Distinguished Service in Community Policing, the Office of the Attorney General recognizes that within and across the various law enforcement agencies that make up the more than 18,000 units across the country, individual officers can have a transformational impact on their agencies and the communities they serve by embracing the philosophy of community policing and incorporating it into their daily work.
The application for nominees will be posted next week at https://www.justice.gov/ag/community-policing-award.
Delaware Cheese Company Pleads Guilty to Food Adulteration ChargeRead the Press Release
U.S. District Court Also Issues Permanent Injunction Against Company and Two Principals
Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act (FDCA), in the U.S. District Court for the District of Delaware, the Department of Justice announced today. U.S. Magistrate Judge Sherry R. Fallon accepted the company’s guilty plea and sentenced Roos Foods to pay a fine of $100,000.
In addition to the company’s guilty plea, Roos, and its principals, Ana A. Roos and Virginia Mejia, agreed to a consent decree of permanent injunction. The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26.
Roos Foods distributed several varieties of ready-to-eat cheese, including ricotta, queso fresco and fresh cheese curd and sold and distributed its products to wholesale customers in Maryland, New Jersey, Virginia and Washington D.C., according to the criminal information filed on Jan. 22. A civil complaint along with the proposed consent decree was also filed on that same date. The criminal charge and civil complaint allege that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono).
“The Department of Justice will use all of the tools available to us – criminal and civil – to ensure that the food we buy is free from dangerous bacteria and is safe to eat,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to work aggressively with the Food and Drug Administration (FDA) to combat and deter conduct leading to the distribution of adulterated food to consumers.”
“The criminal and civil cases demonstrate the need for the government to protect consumers from adulterated food,” said U.S. Attorney Charles M. Oberly III for the District of Delaware. “Manufacturers of our nation’s food supplies, such as Roos, must comply with the law and when violators are found they should expect to be prosecuted and, if necessary, put out of business.”
The criminal information alleged that on Feb. 21, 2014, the Centers for Disease Control and Prevention (CDC) reported that a total of eight people (five adults and three newborns) in Maryland and California were infected with L. mono. According to the CDC, several of the Maryland patients reported having eaten soft or semi-soft cheeses in the month before becoming ill.
L. mono is the bacterium that causes the disease listeriosis. Listeriosis is most commonly contracted by eating food contaminated with L. mono. Listeriosis can be serious, even fatal, for high-risk groups such as unborn babies, newborns and those with impaired immune systems.
Unlike many other foodborne microbes, L. mono bacteria are capable of adapting and growing even at refrigerator temperatures. Thus, the presence of L. mono in ready-to-eat foods is a particularly significant public health risk.
As alleged in the information, following a report that L. mono had been isolated from cheese manufactured by Roos Foods, the FDA inspected the firm’s Kenton, Delaware facility and established that ready-to-eat cheese products were adulterated in that they had been prepared, packed or held under insanitary conditions whereby they may have become contaminated with filth or rendered injurious to health. As alleged, FDA found numerous failures to implement effective monitoring and sanitation controls in accordance with current Good Manufacturing Practices.
The information alleged that the FDA inspection revealed significant sanitation deficiencies, such as widespread roof leaks in the manufacturing area, including over open manufacturing equipment; rust flakes on the manufacturing equipment from corroded roof trusses and metal roofing; un-cleanable surfaces on walls, floors and ceilings and product residue on equipment that had purportedly been cleaned. In addition, as alleged in the information, FDA collected environmental samples and found L. mono on 12 surfaces in the facility.
On March 11, 2014, the FDA suspended the food facility registration of Roos Foods after determining there was a reasonable probability that food manufactured, processed, packed, or held by Roos Foods would cause serious adverse health consequences or death to humans. A company without a food facility registration cannot distribute any food products. Roos Foods has not reopened.
“Consumers rely on the FDA to help ensure that their food is safe and wholesome,” said Deputy Commissioner Howard Sklamberg of FDA’s Global Regulatory Operations and Policy. “When companies put themselves above the law and produce food that puts the public's health at risk, we will see that they are brought to justice.”
The civil complaint alleged that Roos Foods and the two individual defendants violated the FDCA by, among other things, introducing or delivering for introduction into interstate commerce articles of food that were adulterated in that the food was prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health.
As part of the consent decree, defendants represented to the court that, at the time of entry of the consent decree, they were not engaged in receiving, preparing, processing, packing, holding, or distributing any type of food at or from any location. The permanent injunction requires the defendants to notify the FDA if they intend to resume such operations. In addition, the defendants must take a series of safety related steps under the permanent injunction before they can resume such operations.
Principal Deputy Assistant Attorney General Mizer and U.S. Attorney Oberly commended the investigative efforts of the FDA’s Office of Criminal Investigation. The criminal case is being prosecuted by Trial Attorney Heide L. Herrmann of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorneys Jennifer Welsh and Edmond Falgowski of the District of Delaware. They were assisted by Associate Chief Counsel Laura Pawloski of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services.
The government is represented in the civil case by Trial Attorney Megan Englehart of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Patricia Hannigan of the District of Delaware, with the assistance of Associate Chief Counsel Shannon M. Singleton of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Delaware, visit its website at https://www.justice.gov/usao-de.
Delaware Cheese Company Pleads Guilty to Food Adulteration ChargeRead the Press Release
WILMINGTON, Del. - Roos Foods Inc., a Delaware company, pleaded guilty to a misdemeanor violation of the Federal Food, Drug and Cosmetic Act (FDCA), in the U.S. District Court for the District of Delaware, U.S. Attorney Charles M. Oberly, III announced today. U.S. Magistrate Judge Sherry R. Fallon accepted the company's guilty plea and sentenced Roos Foods to pay a fine of $100,000.
In addition to the company's guilty plea, Roos, and its principals, Ana A. Roos and Virginia Mejia agreed to a consent decree of permanent injunction. The consent decree of permanent injunction was entered by U.S. District Court Judge Richard G. Andrews on Jan. 26.
Roos Foods distributed several varieties of ready-to-eat cheese, including ricotta, queso fresco and fresh cheese curd and sold and distributed its products to wholesale customers in Maryland, New Jersey, Virginia and Washington D.C., according to the criminal information filed on Jan. 22. A civil complaint along with the proposed consent decree was also filed on that same date. The criminal charge and civil complaint allege that Roos distributed cheese connected to a 2014 outbreak of Listeria monocytogenes (L. mono).
"The Department of Justice will use all of the tools available to us - criminal and civil - to ensure that the food we buy is free from dangerous bacteria and is safe to eat," said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department's Civil Division. "We will continue to work aggressively with the Food and Drug Administration (FDA) to combat and deter conduct leading to the distribution of adulterated food to consumers."
"The criminal and civil cases demonstrate the need for the government to protect consumers from adulterated food," said U.S. Attorney Charles M. Oberly III for the District of Delaware. "Manufacturers of our nation's food supplies, such as Roos, must comply with the law and when violators are found they should expect to be prosecuted and, if necessary, put out of business."
The criminal information alleged that on Feb. 21, 2014, the Centers for Disease Control and Prevention (CDC) reported that a total of eight people (five adults and three newborns) in Maryland and California were infected with L. mono. According to the CDC, several of the Maryland patients reported having eaten soft or semi-soft cheeses in the month before becoming ill.
L. mono is the bacterium that causes the disease listeriosis. Listeriosis is most commonly contracted by eating food contaminated with L. mono. Listeriosis can be serious, even fatal, for high-risk groups such as unborn babies, newborns and those with impaired immune systems.
Unlike many other foodborne microbes, L. mono bacteria are capable of adapting and growing even at refrigerator temperatures. Thus, the presence of L. mono in ready-to-eat foods is a particularly significant public health risk.
As alleged in the information, following a report that L. mono had been isolated from cheese manufactured by Roos Foods, the FDA inspected the firm's Kenton, Delaware facility and established that ready-to-eat cheese products were adulterated in that they had been prepared, packed or held under insanitary conditions whereby they may have become contaminated with filth or rendered injurious to health. As alleged, FDA found numerous failures to implement effective monitoring and sanitation controls in accordance with current Good Manufacturing Practices.
The information alleged that the FDA inspection revealed significant sanitation deficiencies, such as widespread roof leaks in the manufacturing area, including over open manufacturing equipment; rust flakes on the manufacturing equipment from corroded roof trusses and metal roofing; un-cleanable surfaces on walls, floors and ceilings and product residue on equipment that had purportedly been cleaned. In addition, as alleged in the information, FDA collected environmental samples and found L. mono on 12 surfaces in the facility.
On March 11, 2014, the FDA >http://www.fda.gov/Food/RecallsOutbreaksEmergencies/Outbreaks/ucm386726.htm< suspended the food facility registration of Roos Foods after determining there was a reasonable probability that food manufactured, processed, packed, or held by Roos Foods would cause serious adverse health consequences or death to humans. A company without a food facility registration cannot distribute any food products. Roos Foods has not reopened.
"Consumers rely on the FDA to help ensure that their food is safe and wholesome," said Deputy Commissioner Howard Sklamberg, FDA's Global Regulatory Operations and Policy. "When companies put themselves above the law and produce food that puts the public's health at risk, we will see that they are brought to justice."
The civil complaint alleged that Roos Foods and the two individual defendants violated the FDCA by, among other things, introducing or delivering for introduction into interstate commerce articles of food that were adulterated in that the food was prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health.
As part of the consent decree, defendants represented to the court that, at the time of entry of the consent decree, they were not engaged in receiving, preparing, processing, packing, holding, or distributing any type of food at or from any location. The permanent injunction requires the defendants to notify the FDA if they intend to resume such operations. In addition, the defendants must take a series of safety related steps under the permanent injunction before they can resume such operations.
Principal Deputy Assistant Attorney General Mizer and U.S. Attorney Oberly commended the investigative efforts of the FDA's Office of Criminal Investigation. The criminal case is being prosecuted by Trial Attorney Heide L. Herrmann of the Justice Department's Consumer Protection Branch and Assistant U.S. Attorneys Jennifer Welsh and Edmond Falgowski of the District of Delaware. They were assisted by Associate Chief Counsel Laura Pawloski of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services.
The government is represented in the civil case by Trial Attorney Megan Englehart of the Justice Department's Consumer Protection Branch and Assistant U.S. Attorney Patricia Hannigan of the District of Delaware, with the assistance of Associate Chief Counsel Shannon M. Singleton of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney's Office for the District of Delaware, visit its website at https://www.justice.gov/usao-de.
Convicted Felon Involved in a 2015 Shoot-Out Admits to Illegal Possession of a GunRead the Press Release
Greenbelt, Maryland – Anthony Tyrone Smith, Jr., age 31, of Capitol Heights, Maryland, pleaded guilty on March 2, 2016 to being a felon in possession of a firearm, in connection with a shoot-out at a Capitol Heights carryout.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Interim Chief Henry P. Stawinski of the Prince George’s County Police Department.
According to his plea agreement, on January 20, 2015, Smith was inside a carryout restaurant located in the 4800 block of Marlboro Pike in Capitol Heights. As Smith was leaving (but was still in the vestibule area), two masked men armed with guns approached the carryout entrance. Smith retreated from the vestibule area back into the carryout. Security footage shows Smith holding a black handgun. Smith and the two masked men exchanged gunfire through the doorway between the vestibule area and the waiting area inside the carryout. Smith was shot in the right hand. The masked men fled and Smith ran away to a barbershop across the street from the carryout. Responding Prince George’s County Police officers followed a blood trail from the carryout to the barbershop. The officers recovered a loaded .38 caliber semi-automatic pistol from under a sink in the bathroom. The gun had smears of blood on it. Smith admitted that he possessed the gun while he was in the carryout. Investigation revealed that the gun had been reported stolen in Susquehanna Township, Pennsylvania in 2014. Smith has two previous felony drug convictions and was prohibited from possessing a firearm or ammunition.
Smith faces a maximum penalty of 10 years in prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for June 20, 2016, at 1:00 p.m.
United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Special Assistant United States Attorney Matthew L. Paeffgen and Assistant U.S. Attorney Ray D. McKenzie, who are prosecuting the case.
Cleveland man charged with threatening the PresidentRead the Press Release
A Cleveland man was charged in federal court with making threats against the President, said Acting U.S. Attorney Carole S. Rendon.
Jonathan W. Smead, 35, was arrested on a criminal complaint. He is detained and is scheduled to appear before U.S. Magistrate Judge Nancy A. Vecchiarelli on March 9.
According to the complaint:
On Feb. 28 at approximately 10:16 CST, the U.S. Secret Service, Chicago Field Office received a call, which was forwarded to the Secret Service’s Cleveland Office. The caller stated “I want to kill President Obama.” The caller continued to speak about past assassins including John Wilkes Booth and Lee Harvey Oswald. The caller then stated he “wants to kill Hillary Clinton.” The caller then identified himself as Jonathan Smead and provided is Social Security number, date of birth, and said he is living with his grandmother on Spring Road in Cleveland. Finally, Smead stated he “wants federal charges, not little state charges.”
Smead was interviewed on Feb. 29. He admitted to making the phone call and said he had been drinking alcohol prior to making the call. He said he does not wish harm on the President or Clinton. He stated he had recently been watching the television show “The West Wing” and he is very interested in past presidents, specifically Abraham Lincoln and John F. Kennedy. He stated he visited the Texas Book Depository years ago as a tourist. During a consensual search, agents located two books in Smead’s bedroom related to the Kennedy assassination.
This case is being investigated by the U.S. Secret Service, with assistance from the Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney Kevin Filiatraut.
A charge 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.
Clarkson Construction Employee Sentenced for $442,000 Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former director of information technology for Clarkson Construction Company was sentenced in federal court today for a $442,000 fraud scheme in which he used the firm’s credit card to purchase equipment that he re-sold for personal profit.
Rodney J. Tatum, 44, of Branson, Mo., formerly of Kansas City, Mo., was sentenced by U.S. District Judge Fernando J. Gaitan to one year and three months in prison. The court also ordered Tatum, who paid $62,412 in restitution at today’s sentencing hearing, to pay a total of $442,810 in restitution.
Tatum was employed by Clarkson Construction Company, one of the Midwest’s largest construction companies, from 1991 until a federal criminal complaint was filed on Aug. 12, 2014. He was Clarkson’s director of information technology since 2003. In this role, he oversaw all of Clarkson’s IT activities at all of Clarkson’s business entities.
On Oct. 27, 2014, Tatum pleaded guilty to mail fraud. Tatum admitted that he ordered hundreds of thousands of dollars of expensive computer and communication equipment (including hundreds of solid state hard drives, other computer equipment, and 23 iPhones) between October 2013 and September 2014. Tatum used the company’s credit card to order equipment that the company did not need and never saw. He then resold this equipment for personal profit without the company’s authorization.
Tatum hid his fraud by bulk purchasing merchandise that could be used for his department and by faking invoice reports so the company would not suspect him. Tatum spent the proceeds of his fraud scheme on such luxury items as customized motorcycles, a boat, jet skis and a large motor home. According to court documents, Tatum earned an annual salary of $120,000 while employed by Clarkson Construction. Despite his income, he used embezzled money on personal expenses and vehicles, and yet still incurred significant debt.
Once the fraud was found, the company was forced to internally audit their entire inventory to establish the amount lost. Altogether, the offense conduct resulted in a $436,243 loss for Clarkson Construction Company.
In addition, Tatum used the money to obtain custom work on a motorcycle at Stedman Motorsports in Alabama, and then falsely reported it as fraudulent activity. He made four payments to them on the custom work provided, and then took back all payments with a fabricated story. This resulted in a $6,567 loss for Stedman Motorsports.
This case was prosecuted by Assistant U.S. Attorney Daniel M. Nelson. It was investigated by the FBI.
Chicago-Area Resident Indicted in Stolen Identity Refund Fraud Scheme Involving Victims from the U.S. Air ForceRead the Press Release
A federal grand jury sitting in Chicago, Illinois returned an indictment on Feb. 11 against a resident of a Chicago suburb, charging him with 10 counts of wire fraud, 10 counts of aggravated identity theft and one count of access device fraud, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Zachary T. Fardon of the Northern District of Illinois. The defendant had his initial court appearance earlier today.
Jonathan Herring aka Byron Taylor, Marco Brown and Quang Dang of Harvey, Illinois, participated in a stolen identity refund fraud scheme, according to allegations in the indictment. Herring obtained the means of identification of actual individuals, including their names and social security numbers and used this information to prepare false tax returns. Herring is alleged to have obtained stolen identities of members of the U.S. Air Force, among others. Herring used the stolen identities to electronically file false income tax returns seeking tax refunds with the Internal Revenue Service (IRS). Herring is alleged to have received the fraudulently obtained tax refunds in the form of direct deposits into various bank accounts that he controlled.
If convicted, Herring faces a statutory maximum sentence of 20 years in prison for each count of wire fraud, 10 years in prison for one count of access device fraud and a mandatory sentence of two years in prison for aggravated identity theft, which will run consecutive to any other prison term he receives. Herring also faces substantial monetary penalties, supervised release, and restitution.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Acting Assistant Attorney General Ciraolo commended special agents of IRS Criminal Investigation, who investigated the case and Trial Attorneys Michael C. Boteler and Timothy M. Russo of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Chambersburg Woman Sentenced to 36 Months in Prison for Extortionate Attempt to Shut Down A Rival Tax Preparation BusinessRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Maria Colvard, age 50, of Chambersburg, was sentenced today to 36 months in prison by United States District Court Chief Judge Christopher C. Conner in Harrisburg, for extortion in connection with an attempt to shut down a rival tax preparation business.
Colvard was convicted in June 2015 after a four-day jury trial on two counts of extortion and one count of aiding the impersonation of an employee of the United States.
According to U.S. Attorney Peter Smith, between February and May 2013, Colvard convinced an employee at Tax Max LLC, a tax preparation service owned by Colvard in Chambersburg and Hanover, Pennsylvania, to claim to be a criminal investigator with the Internal Revenue Service to shut down the rival business, known as Christina’s Tax Service, also located in Chambersburg. The employee, Merarys Paulino, then claimed to be an IRS agent and demanded money from Christina’s Tax Service as well as its client list. Paulino previously entered a guilty plea to impersonating an IRS agent.
Colvard also faces deportation as a non-citizen.
This case was investigated by the United States Treasury Inspector General for Tax Administration (TIGTA) and was prosecuted by Assistant United States Attorney Daryl F. Bloom.
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Centralia Man Sentenced to Fourteen Years in Federal Prison for Possession of Firearms by FelonRead the Press Release
A Centralia man, who pled guilty to two counts of possession of a firearm by a felon, was sentenced to 168 months in federal prison on March 2, 2016, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today. Darryll W. Kaufman, 25, of Centralia, Illinois, received a 168-month sentence, actually calculated as two 84-month sentences which were ordered to be served consecutively, one to the other, for possession of firearms by a felon. Following release from imprisonment, Kaufman will serve a 3-year term of supervised release. Kaufman was also fined $600 and was ordered to pay a $200 special assessment. Kaufman pleaded guilty to the charges on July 21, 2015.
"This is a deservedly lengthy sentence for a young man. All of the law abiding citizens of Southern Illinois should be thankful to the federal court for removing such a dangerous individual from our society." said Acting United States Attorney Porter.
The charges arose from incidents in Patoka and Greenville, Illinois, where Kaufman possessed fifteen firearms that he had stolen in residential burglaries in those communities. Noting that Kaufman had a lengthy criminal history after being trained as a criminal by his mother, the sentencing judge called Kaufman a "violent, dangerous man who is likely to recidivate. I question whether there is a place for you in civilized society. I see nothing but a dim future for you." The judge also set these sentences to run consecutive to a 10-year sentence that Kaufman is serving in the Illinois Department of Corrections for a separate burglary that Kaufman committed in Cumberland County in 2013.
The case was investigated by members of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and members of the Marion County Sheriff’s Departments. The case was prosecuted by Assistant United States Attorney Stephen B. Clark.
Carmi Man Pleads Guilty to Four Counts of Distributing Methamphetamine in White CountyRead the Press Release
Bobby D. Morrill, Jr., 38, of Carmi, Illinois, pled guilty today in United States District Court in Benton to an indictment charging him with four counts of distributing methamphetamine, announced James L. Porter, Acting United States Attorney for the Southern District of Illinois. The indictment, returned by a Federal Grand Jury on December 8, 2015, alleged that the four offenses occurred in 2015 on August 31st, and September 8th, 9th, and 16th. The indictment further alleged that the offenses occurred in White County.
Sentencing was set for June 22, 2016, at 10:00 a.m. at the United States Courthouse in Benton. On each count Morrill faces up to 20 years’ imprisonment, a $1 million fine, and 3 years to life on supervised release following his incarceration.
Morrill has been held without bond in the custody of the United States Marshal since his appearance on the federal charges in January. He was returned to the custody of the Marshal to await sentencing.
The case was investigated by the Carmi office of the Southern Illinois Drug Task Force and is being prosecuted by Assistant United States Attorney James M. Cutchin.
Canadian Truck Driver Arrested for Attemping to Smuggle Two Polish Citizens into the U.S.Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Leszek Budzyna, 50, a citizen of Canada, was arrested and charged by criminal complaint with attempted alien smuggling and making false statements. In addition, Monika Gondek, 47, and Jerzy Mariusz Madej, 54, both of Poland, were also arrested and charged by criminal complaint with eluding examination and inspection by immigration officials. Budzyna faces a maximum sentence of five years in prison and a fine of $250,000. Gondek and Madej face a maximum sentence of six months in prison and a fine of $5,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on March 1, 2016, Budzyna was driving a commercial truck and attempted to enter the United States at the Peace Bridge Port of Entry. Budzyna indicated to a Customs and Border Protection officer that he was traveling to the U.S. to pick up a trailer and that he was traveling alone. Budzyna was referred for a secondary inspection.
During the secondary inspection, the truck was x-rayed and something was detected in the cab of the truck. Officers entered the truck and discovered Gondek and Madej hidden in the sleeper area of the cab of the truck.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and are being detained.
The criminal complaint is the result of an investigation by Customs and Border Protection, under the direction of Acting Director of Field Operations Rose Hilmey, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Brooklyn Man Sentenced in Manhattan Federal Court in Connection with Advance Fee SchemeRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that OCTAVIO LOMBARDO, a/k/a “Otto Lombardo,” was sentenced today in Manhattan federal court to two years in prison for wire fraud stemming from his scheme to defraud small business owners of more than $1 million through an advance fee scheme. LOMBARDO lied to small business owners by claiming to have the ability and expertise to structure investment loans for their businesses through LOMBARDO’s exclusive relationships with small community banks across the United States, when in fact he did not have the ability to obtain such financing. In connection with the scheme, LOMBARDO induced over 30 business owners to pay an upfront fee that was purportedly to pay for expenses incurred during the due diligence process prior to the loan’s closing. Instead, LOMBARDO used the vast majority of the money he received from the business owners – over $1 million in total – on his own personal expenses, including rental payments, club dues, food, and other personal items. LOMBARDO pled guilty on September 21, 2015, before United States District Judge Jesse M. Furman, who also imposed today’s sentence.
U.S. Attorney Preet Bharara said: “Octavio Lombardo lied to dozens of small business owners who looked to him for help in obtaining financing. Lombardo purported to have expertise and relationships with community banks that would facilitate investment loans at favorable terms. But in fact, he had no such expertise or relationships, just the gumption to steal his clients’ money. Today he has been held to account for his crime.”
According to the Complaint, the Indictment, and other statements made in open court:
From at least in or about 2007 through in or about 2013, LOMBARDO engaged in a fraudulent scheme to mislead small business owners into paying an upfront due diligence fee, typically in the amount of $25,000, in connection with loans that LOMBARDO promised to obtain for the small business owners. During this period, LOMBARDO held himself out to the business owners as having the ability and expertise to structure investment loans for their businesses through LOMBARDO’s purported exclusive relationships with small community banks across the United States. In truth and in fact, LOMBARDO had no ability to provide such financing, and none of the businesses at issue received a loan through LOMBARDO during this period of time.
In connection with the scheme, LOMBARDO made a series of false and misleading misrepresentations to the business owners, including: (i) that LOMBARDO could obtain interest-only loans in amounts ranging from $1 million to $75 million by consolidating the lending power of several small community banks into a trust, which he would manage through his holding company, Lombardo & Company; (ii) that, in order to structure the loan appropriately, LOMBARDO needed to conduct due diligence of the businesses, including by obtaining corporate and financial documentation, and by conducting site visits; (iii) that LOMBARDO required a non-refundable upfront payment – generally in the amount of $25,000 – to cover the expenses incurred during the due diligence process, including legal and other professional fees, taxes, appraisals, and the like; and (iv) that this fee would be incorporated into the final loan agreement, so that the business owners would ultimately “get back” the upfront payment once the financing was in place.
As a result of these misrepresentations, LOMBARDO obtained over $1 million in so-called due diligence payments from more than three dozen business owners. LOMBARDO spent the vast majority of the due diligence payments on his own personal expenses, including, among other things, rental payments, club dues, food, and other personal items. For example, LOMBARDO spent more than $300,000 on rental payments for his residence in Brooklyn, more than $100,000 on membership dues for a private gun club located in Manhattan, and more than $50,000 on restaurants and purchases of wine and liquor.
Once he received the due diligence payments, LOMBARDO made a variety of excuses to the business owners – including, among others, that he was having health problems and had been hospitalized, that he was traveling, and that he had a new grandchild – in order to explain the delay in closing the loans.
Ultimately, LOMBARDO did not provide any of the loans to the business owners as promised.
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In addition to his prison sentence, LOMBARDO, 68, of Brooklyn, New York, was sentenced to three years of supervised release. The Court further ordered LOMBARDO to pay $1,038,500 in restitution.
Mr. Bharara praised the work of the Federal Bureau of Investigation.
The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Amy Lester and Damian Williams are in charge of the prosecution.
British Virgin Islands Man Pleads Guilty to Alien SmugglingRead the Press Release
St. Thomas, USVI- Ashemba Frett, 22, of Tortola, British Virgin Islands, pleaded guilty today in District Court to encouraging and inducing aliens to illegally enter the United States, United States Attorney Ronald W. Sharpe announced.
According to the plea agreement, the United States Coast Guard (USCG) conducted a safety stop on a vessel in Jersey Bay, St. Thomas, U.S. Virgin Islands. The vessel was operated by an unidentified individual. The USCG saw Frett jump into the water and retrieved him. A Hatian national and a national from the Dominican Republic were aboard the vessel . Frett admitted that the Dominican Republic national paid him $700 to travel to St. Thomas from Tortola and that Frett knew that he did not possess proper documents to lawfully enter the United States.
Frett faces a maximum sentence of 10 years’ imprisonment and a $250,000 fine. A sentencing date has been set for July 7, 2016. District Judge Curtis V. Gomez continued Frett on pre-trial release pending sentencing.
The case wa s investigated by the USSG, U.S. Customs and Border Protection (CBP) , Office of Air and Marine (AMO), U.S. Immigration and Customs Enforcement ’s ( ICE) Homeland Security Investigations (HSI) and prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Bozeman Man Sentenced for Illegal Possession of an Unregistered Machine GunRead the Press Release
BILLINGS – William Kristofer Wolf, 53, of Bozeman, Montana, was sentenced today in Billings federal court for the illegal possession of an unregistered machine gun. U.S. District Court Judge Susan Watters sentenced Wolf to 72 months incarceration and 3 years supervised release.
Wolf was indicted by a grand jury in April of last year on two counts: Illegal Possession of a Machine Gun and Possession of a Firearm not Registered in the National Firearms Registration and Transfer Record. At trial, the government introduced evidence that Wolf publicly and repeatedly expressed intent to acquire and possess dangerous weapons, including flamethrowers, incendiary ammunition, and napalm, and ultimately did acquire the sawed-off automatic shotgun that lead to his arrest. Minutes after taking possession of the illegal firearm Wolf stated that he did not “believe in anything but extreme.” He was convicted in November of last year following a three day jury trial.
In his weekly online radio show, named “The Montana Republic,” Wolf discussed his anti-government views and his plans to overthrow local, state, and federal governments by force. He advocated the affirmative targeting of law enforcement officers, politicians, and judges and stated on numerous occasions that he considered agents of local, state, and federal government to be his “targets .” After holding a “committee of safety meeting” on January 29, 2015, Wolf stated, “my preferred method would be to drop 500 pounds of napalm through the roof of the courthouse and burn it to the ground and roast some marshmallows on it.” Wolf tried to recruit those at the meeting to his cause telling them, “that’s why I say you don’t want me doing this because I don’t believe in doing anything that’s not extreme and right now wiping that place out, would be my extreme movement.”
In its sentencing arguments, the government emphasized the extreme nature of Wolf’s views, and his repeatedly articulated intent to target law enforcement officials and in effect to wage a war on all branches of government. Wolf made repeated statements about his intent to target government and law enforcement personnel: “I just need to kill the public officials,” and “all agents of the government, all judiciary, and all police officers are targets.” Wolf believed that law enforcement officials at every level of government had committed “constitutional violations” and that he was therefore justified in using any means necessary to “restore our constitutional republic.” Wolf did not retreat from these views in his trial testimony or attempt to deny his ultimate intent to harm government and law enforcement officials.
Emphasizing the extreme nature of Wolf’s views, coupled with the concrete steps he took to put his violent plans into action, the government argued that the criminal sentencing guidelines did not adequately reflect the gravity of his crime and the danger he poses to society. Taking these factors into account, the government urged the court to impose a sentence greater than that indicated by the guidelines. The government argued that Wolf’s actions in obtaining the machine gun were merely a step towards committing other offenses, including assault on law enforcement officers and arson. .
The government also argued that Wolf’s lack of prior criminal history was not indicative of his risk to society, given the extreme nature of his views and his articulated intent to commit mass acts of violence. As evidence of this intent, the government cited at least 24 instances in which Wolf stated his intent to kill someone or engage in acts that would bring about deaths or serious injuries.
“The sentence in this case sends a strong message to those, like Mr. Wolf, who seek to wage a violent war not only against the government but against society as a whole,” said Montana U.S. Attorney Mike Cotter. “It should serve as a deterrent to others who would follow his lead and choose to espouse anarchy and violence. The FBI is to be commended for its thorough work of investigating Mr. Wolf and ultimately helping to bring him to justice.”
The case was prosecuted by Assistant U.S. Attorney Bryan Whittaker and Danya Atiyeh, Trial Attorney, from the Counterterrorism Section, National Security Division, of the United States Department of Justice. The case was investigated by the FBI.
Batesland Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Batesland, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
William Morrisette, age 26, was sentenced to 14 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Morrisette was indicted for the charge on October 20, 2015, and pled guilty on November 13, 2015.
The conviction stems from Morrisette being in possession of a Ruger 9mm handgun on August 23, 2015, near Pine Ridge, after having been previously convicted of a felony assault on a federal officer.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Morrisette was immediately turned over to the custody of the U.S. Marshals Service.
Baltimore Man Sentenced for East Texas Child Exploitation ViolationsRead the Press Release
BEAUMONT, Texas — A 36-year-old Baltimore, MD man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Ian Christian Anderson pleaded guilty on Sep. 10, 2015 to enticement of a minor and was sentenced to 135 months in federal prison today by U.S. District Judge Marcia Crone.
According to information presented in court, in January 2015, Anderson began an on-line relationship with a 14-year-old girl in the Eastern District of Texas. After several weeks of communicating with the victim, Anderson traveled from his home near Baltimore, Md., to the victim's hometown in Texas, on two separate occasions in February and March 2015. On both trips Anderson engaged in sexual relations with the 14-year-old that constituted felony sexual assault under the laws of the State of Texas. Anderson also used his cellular telephone to send sexually explicit text messages to the victim in which he attempted to persuade her to engage in future similar sexual relations. Anderson was indicted by a federal grand jury on May 7, 2015.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation, the Lumberton Police Department and the Hardin County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney Joseph R. Batte.
Anthony Bitterling Ordered to Pay $1,062,181 in RestitutionRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Anthony Bitterling, 42, of Winamac, Indiana, was sentenced before District Court Judge Joseph S. Van Bokkelen for conspiracy to commit healthcare fraud.
Bitterling was sentenced to 24 months’ imprisonment, 400 hours of community service, 2 years of supervised release and ordered to pay $1,062,181 in restitution.
According to documents filed in the case, Bitterling along with co-defendants’ Kahley Vergon-Mayotte, 29, of Reynolds and Roy Dunn, 62, of Monticello, Indiana ran an ambulance company that fraudulently billed Medicare for transportation of Medicare recipients to dialysis appointments. The defendants’ fraud resulted Medicare paying out over one million dollars for medically unnecessary ambulance transportation.
Dunn was sentenced on January 8, 2016 to 30 months’ imprisonment, 2 years supervised release and ordered to pay $1,062, 181 in restitution.
Vergon-Mayotte is scheduled to be sentenced on March 17, 2016.
This case was the result of an investigation by the Federal Bureau of Investigation, Indiana State Attorney General Medicaid Fraud Control Unit and the United States Department of Health and Human Services, Office of Inspector General. This case was handled by Assistant United States Attorney Diane L. Berkowitz.
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Alton Man Sentenced for Meth and Firearm OffensesRead the Press Release
The Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today that George W. Holliday, Sr., 46, of Alton, Illinois, was sentenced on March 1, 2016, to 72 months in federal prison for Conspiracy to Distribute Methamphetamine, Possession With Intent to Deliver Methamphetamine, and Obstruction of Justice (for concealing a firearm).
Holliday pled guilty to the three federal charges on November 5, 2015. He has been continuously confined since his arrest on March 23, 2015.
According to evidence introduced at Holliday’s change of plea hearing last November, Holliday and two other men were traveling together to sell methamphetamine to a woman in Pocahontas, Illinois, on November 22, 2014. The car Holliday was driving was stopped by Glen Carbon, Illinois police for a traffic offense. While police were approaching his car, Holliday instructed the other two men to hide a handgun. Police recovered a small quantity of methamphetamine from the car, and also seized a soda bottle in which the men had been cooking meth.
Co-defendant James E. Bailey, Jr. also pled guilty in U.S. District Court in 2015, and he was sentenced to a term of 15 months in January, 2016. The third man in the car with Holliday pled guilty to state drug charges.
This investigation was conducted by the Glen Carbon Police Department, the Metropolitan Enforcement Group of Southwestern Illinois (MEGSI), and the Madison County Sheriff’s Department. The case was assigned to Assistant United States Attorney Robert L. Garrison.
Alamogordo Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Tandee Sheree Bettag, 38, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Bettag was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Bettag was arrested on Dec. 8, 2015, on an indictment charging her and seven other non-Natives with methamphetamine trafficking and money laundering offenses. The indictment charged Bettag with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and use of a communication device to facilitate a drug trafficking crime.
During today’s proceedings, Bettag pled guilty to the charges against her in the indictment, and admitted that from Aug. 2015 through Sept. 2015, a codefendant provided her with methamphetamine which she distributed; she repaid her supplier with proceeds she obtained from selling the drugs. Bettag further admitted that on Aug. 15, 2015, she used text messaging to arrange the delivery of money to a codefendant to cover a drug debt and pick up additional methamphetamine, and on Aug. 17, 2015, she used text messaging to discuss, money for a drug transaction.
At sentencing, Bettag faces a maximum of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Bettag is the third of the 18 federal defendants to enter a guilty plea. On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge. In entering the guilty plea, Munoz admitted that between April 2015 and Oct. 2015, she maintained a bank account that was used by another person to deposit the proceeds of drug trafficking crimes in order to conceal the proceeds. Munoz admitted that the other person deposited approximately $25,000.00 into her bank account during that period. At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. Her sentencing hearing has yet to be scheduled.
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 15 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
19 Members of Heroin Trafficking Conspiracy IndictedRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport returned a 13-count superseding indictment on February 11, 2016 charging 19 individuals with conspiracy to distribute heroin, crack cocaine, and the opiate buprenorphine, known as Suboxone. The indictment was unsealed today following the arrests of the defendants.
According to U.S. Attorney Peter Smith, the indictment alleges that the following men and women conspired to distribute heroin, crack cocaine, and buprenorphine to a network of drug users and sellers along the Interstate 80 corridor between Bloomsburg and Williamsport from August 14, 2014 through the date of the indictment:
Names Age Town/State
Kalif English 27 Philadelphia, PA
Corey Hughes 26 Williamsport, PA
Sharonda Walker 24 Upper Darby, PA
Troy Brown 39 Yeadon, PA
Shawn Hayman 18 Williamsport, PA
Donald Avery 21 Philadelphia, PA
Paris Watkins, Jr. 24 Philadelphia, PA
Tayza Brown 18 Williamsport, PA
Naquann Lee 19 Williamsport, PA
Taiquan Falana 20 Philadelphia, PA
Keith Harding 35 Philadelphia, PA
Shawn Gambrell 27 Philadelphia, PA
Omar Brown 32 Philadelphia, PA
Timothy Moses 34 Philadelphia, PA
Marissa Copen 25 Linden, PA
Alkeisha Edwards 20 Philadelphia, PA
Chantel McFarlin 32 Philadelphia, PA
Lamont Johnson 23 Philadelphia, PA
Randy Thompson 34 Philadelphia, PA
In addition to the conspiracy charge, the indictment also charges that the defendants distributed and possessed with intent to distribute multiple bags of heroin and crack cocaine and Suboxone, or buprenorphine, on various dates during the period of the conspiracy. The indictment also charges Troy Brown with possession of a firearm by a convicted felon.
According to the indictment, during the period from August 2014 to the present, the conspirators obtained heroin and other controlled substances in Philadelphia and transported the drugs to the Bloomsburg and Williamsport areas for distribution and sale. The indictment alleges that they utilized rental vehicles and motel rooms to facilitate the distribution of heroin and that they conducted drug trafficking activities using cell phones. In addition, according to the indictment, the conspirators bought and exchanged firearms for heroin and other controlled substances. In the forfeiture allegation, the indictment identifies cash, firearms, and a property at 810 Rhodes Alley in Williamsport that are subject to forfeiture as criminal proceeds and means of facilitating the drug distribution and conspiracy charges.
The investigation was conducted by the Federal Bureau of Investigation with the assistance of the Pennsylvania State Police, the Old Lycoming Police Department, the Williamsport Bureau of Police, the Lycoming, Northumberland-Montour and Columbia County Drug Task Forces, and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is imprisonment for life, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the sentencing judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wednesday 2 March 2016
West Des Moines Man Convicted on Multiple Charges Involving Organized Retail Theft Scheme, Child Pornography and WitnessRead the Press Release
DES MOINES, IA - On March 1, 2016, a jury in the Southern District of Iowa convicted Bradley J. Prucha, 38, of West Des Moines, Iowa, on multiple counts from an organized retail theft scheme, child pornography, and witness tampering. Sentencing has been scheduled for June 23, 2016, before Chief United States District Court Judge John A. Jarvey
From around October 2013 through May 2015, Prucha led a scheme to purchase items from various retailers using UPC bar code stickers that Prucha created. Prucha used these stickers, and provided these stickers to others, to purchase items at significantly lower costs than their actual retail value. These purchases occurred at stores from Iowa to Florida, where Prucha maintained a residence, as well as states surrounding Iowa such as Nebraska and Illinois. Prucha returned the items to stores, or sold them using eBay, Craigslist, and to direct buyers, for close to their actual retail value. Some of the individuals Prucha used to perpetrate this scheme included minors. Prucha was convicted of one count of conspiracy to commit interstate sale and receipt of stolen property and mail fraud, as well as six counts of mail fraud, for his role in this scheme.
Prucha was also convicted of three counts of sexual exploitation of minors for the production of child pornography. He was also convicted of possession of child pornography and distribution of Xanax, a schedule IV controlled substance, to persons under the age of 21. In 2015, Prucha produced three videos depicting two minor victims, approximately 16 years old at the time, engaging in sexually explicit conduct. Prucha provided these and other minor victims with Xanax in an effort to facilitate sexual relations and the production of the child pornography. Prior to trial, Prucha stipulated that at the time of the production offenses he was required to register as a sex offender, which constitutes three separate offenses in addition to the counts of production of child pornography.
The jury also found Prucha guilty of four counts of witness tampering. These charges stemmed from Prucha's attempts to have a former inmate at Polk County Jail offer money to the minor witnesses for them to provide false testimony at trial. Prucha faces sentences ranging from a mandatory minimum term of 35 years up to 50 years imprisonment.
This investigation was conducted by the Federal Bureau of Investigation, Des Moines Resident Office, with assistance from the Asset Protection teams at various retailers, including Barnes & Noble, Walmart, Toys R Us, and Best Buy. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Washington County Man Traveled across State Line to Have Sex with a MinorRead the Press Release
PITTSBURGH - A resident of Washington County, Pa., has pleaded guilty to charges of travel with intent to engage in illicit sexual conduct with a minor, United States Attorney David J. Hickton announced today.
Joseph Sabot, age 27, pleaded guilty to the felony count before United States District Judge Maurice B. Cohill, Jr.
According to information presented to the Court at the time of the guilty plea, in 2010, when Sabot was 22 years old, he met a 15-year old female from Wheeling, West Virginia, through an online website. He met her in person shortly thereafter, and traveled to and from his residence in Washington, Pa., to her residence in Wheeling on numerous occasions between 2010 and 2012, on which occasions he engaged in sexual acts with the girl. In July of 2012, after bringing her back to his residence for a sexual encounter, Sabot asked the girl to hide in his garage until his parents went to sleep. Sabot’s father, who did not know her, found her in the garage and demanded that she leave the property. The girl then called 911, as she did not have a way to get back to Wheeling. After the North Franklin Police responded to her call, the joint investigation involving the North Franklin Police and the FBI was initiated, leading to the charges in this case.
Judge Cohill scheduled sentencing for June 8, 2016. The law provides for a maximum total sentence of 30 years imprisonment, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and North Franklin Township Police Department conducted the investigation leading to the indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Van Wert man indicted for child pornographyRead the Press Release
An indictment was filed charging Sean R. Magner, 50, of Van Wert, with receipt and distribution of visual depictions involving the sexual exploitation of minors, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the court after reviewing 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.
The investigating agency in this case is the United States Postal Inspection Service. The case is being handled by Assistant United States Attorney Tracey B. Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
URS Corporation AES to Pay $580K to Resolve Allegations it Overcharged on Niantic River Bridge ContractRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that URS CORPORATION AES (“URS”) has entered into a civil settlement agreement with the federal government in which URS will pay $580,000 to resolve allegations that the Rocky Hill-based construction company violated the federal False Claims Act and the common law in overbilling the federal government on a bridge reconstruction project in Niantic that was funded by the National Railroad Passenger Corporation (“Amtrak”).
In 2007, Amtrak awarded a contract to Washington Group, International, Inc. (“WGI”) to provide construction management services for the replacement of the Niantic River rail bridge. WGI was acquired by URS in 2008, and URS assumed responsibility for the contract. The contract provided that the construction management company would be compensated for its services according to a specific pricing schedule that was incorporated into the contract. The pricing schedule stated that labor efforts pursuant to the contract would be paid at the fixed labor rates listed in an attachment to the pricing schedule. The attachment, in turn, provided that the labor rates were maximum rates per hour for each employee work classification and that the contractor should bill the appropriate rate for each employee up to the maximum rate contained in the attachment.
The federal government contends that in most instances during the time that URS provided construction management services for the bridge reconstruction project, the company charged the maximum labor rates, rather than the actual labor rates, for the employee positions listed on the attachment to the pricing schedule and, as a result, that the federal government was overbilled.
“Federal contractors must abide by the billing requirements set forth in government contracts so that taxpayer dollars are not wasted,” stated U.S. Attorney Daly. “I thank Amtrak OIG and the U.S. Department of Transportation OIG for thoroughly investigating this matter, and URS for cooperating with the government’s investigation.”
“This was a significant civil recovery for Amtrak, and one that sends an important message for contractors regarding their obligation to properly bill for services,” said Amtrak Inspector General Tom Howard.”
“As evidenced by this settlement agreement with URS Corporation AES, we remain steadfast in our commitment to ensuring the integrity of the programs designed to maintain and improve our nation’s transportation infrastructure,” said Todd Damiani, regional Special Agent-in-Charge, U.S. Department of Transportation Office of Inspector General. “Working with the Secretary of Transportation, Amtrak, and our law enforcement and prosecutorial colleagues, we will continue to protect the taxpayers’ investment in our nation’s infrastructure from fraud, waste, abuse and violations of law.”
This case was investigated by Amtrak’s Office of Inspector General and the U.S. Department of Transportation’s Office of Inspector General.
The matter was handled within the U.S. Attorney’s Office by Assistant U.S. Attorney William A. Collier and Auditor Susan N. Spiegel.
U.S. Supreme Court Denies Joseph Duncan’s Petition to Hear Competency AppealRead the Press Release
The United States Supreme Court on Monday denied convicted killer Joseph Duncan’s petition to hear his appeal, announced U.S. Attorney Wendy J. Olson. The Court’s action leaves in place Senior U.S. District Court Judge Edward J. Lodge’s December 2013 finding that Duncan was competent to waive his appeal, which had been affirmed by the Ninth Circuit Court of Appeals in March 2015. The three federal death sentences returned by a jury in August 2008 and imposed by Judge Lodge also remain in place. No execution date has been set, and Duncan’s attorneys still may seek other post-conviction relief through federal habeas proceedings.
Duncan pleaded guilty in federal district court in Boise in December 2007 to a ten-count indictment charging him with various crimes related to the 2005 kidnapping and murder of a nine-year-old boy and an eight-year-old girl from their home outside Coeur d’Alene, Idaho. Duncan admitted killing the boy in the Lolo National Forest in Montana. Three of the charges to which Duncan pleaded guilty made him eligible for the death penalty under federal law. Duncan was represented by legal counsel at his guilty plea, but elected to represent himself at the capital sentencing hearing. Although Judge Lodge found both that Duncan was competent to represent himself at the capital sentencing hearing and subsequently to waive his right to appeal, the Ninth Circuit originally ruled in July of 2011 that Judge Lodge should have held an evidentiary hearing on competency and ordered him to do so retrospectively. Judge Lodge conducted the hearing in January and February of 2013. He issued a sixty-six page order in December 2013 finding Duncan competent. After the Ninth Circuit affirmed that decision last year, Duncan’s attorneys sought Supreme Court review through filing of a petition for a writ of certiorari. Monday, the Supreme Court denied the petition.
“The United States remains confident that all appropriate legal process has been afforded to Mr. Duncan, and that he was competent and able to exercise his Sixth Amendment right to represent himself,” said Olson. “We are pleased that the Supreme Court declined to hear further direct appeal in this case. We will continue to defend this lawful prosecution and Judge Lodge’s deliberate and thorough consideration of the defendant’s competency. We will continue to seek justice for the victims in this case through any efforts by Mr. Duncan’s attorneys to seek post-conviction review. Mr. Duncan’s crimes were heinous and tragic for the victims, their family, and the north Idaho communities in which they occurred. We need to bring this to a close.”
Duncan also pleaded guilty in Idaho state court for the 2005 kidnapping and murders of his federal victims’ mother, 13-year-old brother and mother’s boyfriend. He separately pleaded guilty in Riverside County, California, to the murder of an 11-year-old boy there in 1997. In addition to the three federal death sentences, he faces six life sentences for his Idaho state convictions, three life sentences for his Idaho federal convictions, and one life sentence for his California conviction.
U.S. Attorney’s Office Hosts Conference on Ending the School-To-Prison PipelineRead the Press Release
BOSTON – The U.S. Attorney’s Office’s Civil Rights Unit hosted “Ending the School-to-Prison Pipeline,” a conference aimed at examining and restructuring existing practices in order to reduce the number of students who take their first steps toward involvement with the criminal justice system while in school.
“The Civil Rights Unit of the U.S. Attorney’s Office is responsible for enforcing a wide range of federal civil rights statutes, and an increasingly large proportion of its work has been devoted to ensuring that youth in Massachusetts have access to equal educational opportunities,” said U.S. Attorney Ortiz. “This conference focused on connecting a diverse array of stakeholders who all share the common goal of formulating creative solutions to end the school-to-prison pipeline in different disciplinary fields, in addition to educating participants about the Civil Rights Unit’s role in disrupting the school-to-prison pipeline.”
The half-day conference, held at the Harvard Graduate School of Education, brought together a diverse audience of over 300 educators, school resource officers, advocates, lawyers, students, social workers, and community members for a series of panels and plenary sessions about broadening the dialogue around the school-to-prison pipeline. The term “school-to-prison pipeline” broadly describes the phenomenon by which youth – particularly youth of color and youth with disabilities – are pushed out of the classroom, through overly punitive discipline practices and school-based arrests, and into the juvenile justice system.
Keynote speaker Chief Judge Steven C. Teske of the Clayton County Juvenile Court in Georgia spoke about the need to avoid zero tolerance policies in schools and arrests for minor offenses. Stephen Spaloss, the Regional Vice President of City Year, hosted a plenary about how service providers should examine how they build positive and supportive relationships with the youth they serve.
Panels explored topics including innovations in training school resource officers, juvenile court reform and restorative justice, trauma-sensitive schools, and the effect of the school-to-prison pipeline on students with disabilities. Panelists included local and national thought leaders from a variety of disciplines, including judges from the Middlesex Juvenile Court and formerly with the Supreme Judicial Court of Massachusetts, civil rights lawyers from the Lawyers’ Committee for Civil Rights and Economic Justice and the Disability Law Center, law enforcement officers from the Cambridge Police Department, and professors from the Harvard Graduate School of Education, Harvard Law School, Boston University School of Law, and the Boston College School of Social Work.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
U.S. Attorney Ortiz Launches Independent Investigation of Alleged Civil Rights Violations at Boston Latin SchoolRead the Press Release
BOSTON – United States Attorney Carmen M. Ortiz announced today that the Civil Rights Unit of the U.S. Attorney’s Office for the District of Massachusetts is launching an independent investigation of alleged civil rights violations at Boston Latin School (BLS).
On Feb. 26, 2016, eight civil rights organizations and community members, including the ACLU of Massachusetts, the Boston Branch of the NAACP, and the Lawyers Committee for Civil Rights and Economic Justice, submitted a joint written complaint to the U.S. Attorney’s Office that raised concerns about racial harassment and discrimination, among other things, at BLS.
“We will conduct a thorough investigation into the recent complaints about racism at BLS and will go where the facts lead us. Once our investigation is complete, we will share our findings at the appropriate time,” said U.S. Attorney Ortiz. “I want to thank Mayor Walsh and Superintendent Chang who have pledged their full cooperation in this independent investigation.”
The U.S. Attorney’s Office is authorized to investigate the allegations of racism at BLS under Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex, and religion in public schools and colleges/universities.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Two New York Men Charged with Heroin Trafficking in Monroe CountyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Federal Grand Jury in Scranton returned an indictment yesterday charging Jose Mendoza, age 38, and Edwin Aguilar, age 25, with conspiracy to distribute heroin and the possession of heroin with the intent to distribute.
According to U.S. Attorney Peter Smith, the indictment alleges that the crimes occurred on August 31, 2015, in Monroe County, Pennsylvania. Both individuals are New York residents
The investigation was conducted by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Prosecution is assigned to Assistant U.S. Attorneys John C. Gurganus, Jr. and Phillip Caraballo.
This case is part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for each offense under federal law is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Middlesex Men Plead Guilty to Drug ConspiracyRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court today, THURMAN STANCIL, 69, and HAROLD DEVON SCARBORO, 25, both of Middlesex, pleaded guilty to conspiracy to distribute cocaine, cocaine base (crack), and marijuana. As part of his plea, STANCIL agreed to forfeit real property located at 357 Barns Lake Road, Middlesex, NC. Both men face a maximum of twenty years imprisonment.
Investigation of this case was conducted by the Johnston County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Lawrence Cameron represented the government.
Two Hamden Men Charged with Distributing Oxycodone Involved in Weston OverdoseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that an investigation into a recent drug overdose in Weston has resulted in federal oxycodone distribution charges against two Hamden residents.
TAHIR FARID, 21, and RYAN LOONEY, 19, are each charged by federal criminal complaint with possession with intent to distribute, and distribution of, oxycodone. FARID was arrested on February 22 and is released on a $250,000 bond. LOONEY was arrested on February 29 and is released on a $100,000 bond.
According to the criminal complaints, the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and the Weston Police Department are investigating a drug-overdose of a 22-year-old male in Weston. The victim was found unresponsive at a friend’s residence on January 5, 2016. He remains unresponsive and, according to medical personnel, is in a “persistent vegetative state.”
It is alleged that on January 3, 2016, the victim purchased 30 40-milligram oxycodone pills from FARID in exchange for $900. He then consumed some of those pills, as well as other substances, which led to his overdose. It is further alleged that prior to the victim’s overdose, LOONEY supplied FARID with oxycodone pills.
The charge of possession with intent to distribute, and distribution of, oxycodone carries a maximum term of imprisonment of 20 years.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, with the assistance of the U.S. Marshals Service, the Weston Police Department and the Monroe Police Department. The Task Force includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon and Wilton Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.
Topeka Man Sentenced to Federal Prison for Carjacking, RobberyRead the Press Release
TOPEKA, KAN. - A Topeka man was sentenced Wednesday to federal prison for carjacking and robbery, U.S. Attorney Barry Grissom.
Wesley Lavern Harris, Jr., 26, Topeka, Kan., was sentenced to 86 months in federal prison. Harris pleaded guilty to one count of carjacking and one count of commercial robbery. In his plea, he admitted that on June 7, 2015, he took a man’s keys, money and car and left the victim in a bathtub at the Econo Lodge Motel at 2950 S.W. Topeka Blvd. Harris and others had placed an ad on a Web site advertising sexual services in order to lure a victim to a hotel room and rob him. Harris left the motel driving the victim’s 2002 Hyundai Sonata.
In his plea, Harris admitted that on June 8, 2015, he entered the back door of the Heartland Perma Column store at 1841 E. 1450 Road in Lawrence, Kan. He threatened to kill an employee and forced her and another employee to give him money from a box in the front office.
Grissom commended the Topeka Police Department, the Douglas County Sheriff’s Department, the Lawrence Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Three Charged with Multiple Violations of Federal Gun LawsRead the Press Release
PITTSBURGH - Three Allegheny County residents have been indicted by a federal grand jury in Pittsburgh, on charges of conspiracy to commit offenses against the United States, possession of a firearm by a convicted felon, tampering with a witness by threat of physical force, and brandishing, using, carrying, and possessing a firearm during and in relation to a crime of violence, United States Attorney David J. Hickton announced today.
The 13-count superseding indictment, returned on March 1, named:
Joshua Bristo, 23, of Clairton, Pennsylvania;
Richard Van Holt, Jr., 27, of Pittsburgh, Pennsylvania; and
James Pamplin, Jr., 21, of Clairton, Pennsylvania.According to the superseding indictment, from on or about Jan. 1, 2015, and continuing thereafter until on or about Oct. 28, 2015, in the Western District of Pennsylvania, Joshua Bristo, Richard Van Holt, Jr., and James Pamplin, Jr., conspired to commit offenses against the United States, that is, to falsify firearms purchase forms, and to possess firearms as convicted felons.
Additionally, Bristo, from on or about Jan. 7, 2015, through on or about Oct. 28, 2015, and Van Holt, from on or about and around May 5, 2015, through on or about Oct. 19, 2015, possessed firearms as convicted felons. Pamplin, Jr., is accused of aiding and abetting Bristo on May 28, 2015, in possessing a firearm as a convicted felon.
The superseding indictment also charges that on or about March 6, 2015, through on or about March 10, 2015, Joshua Bristo tampered with a witness by threat of physical force by pointing a firearm and threatening to kill the witness.
The superseding indictment further charges that on or about March 6, 2015, Joshua Bristo knowingly brandished a firearm during and in relation to a crime of violence, thereby tampering with a witness by threat of physical force.
“Individuals who illegally sell guns end up arming violent criminals, who time and again pull the trigger on our streets and put the public’s safety at risk,” said ATF Special Agent in Charge Sam Rabadi. “ATF will continue to shutdown illegal gun running networks and put the traffickers behind bars to make our homes, streets, and communities a lot safer and more peaceful.”
The law provides for a maximum total sentence for Bristo of not less than seven years and up to life in prison, a fine of $1,000,000.00, or both. Van Holt and Pamplin each face a potential sentence of incarceration of up to 15 years, a fine of $500,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Clairton Police Department, Homestead Police Department, and North Versailles Police Department conducted the investigation leading to the Superseding Indictment in this case.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
State Prisoner Charged with Mailing A Threatening Letter to A Lancaster County JudgeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an inmate at a state prison was charged yesterday by a federal grand jury in Scranton with mailing a threatenting letter to a Lancaster County Judge.
According to United States Attorney Peter Smith, the defendant, Joshua Keziah, age 27, an inmate at the State Correctional Institution in Frackville, Schuylkill County, allegedly mailed the letter in October of 2015 from the prison to the Lancaster County Courthouse threatening to kill the President Judge.
The charge stems from an investigation by the United States Postal Inspection Service and the Lancaster County Police Department. Assistant United States Attorney Evan Gotlob is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is five years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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St. Petersburg Man Sentenced to 15 Years for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Latellis Everette (41, St. Petersburg) to 15 years in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on November 12, 2015.
According to court documents, Everette stole a loaded pistol from behind the counter of a local convenience store. He was later identified after being recognized on the store’s surveillance system. Everette has at least 12 prior felony convictions, including the sale of cocaine, armed robbery, and aggravated battery. As such, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Michael V. Leeman.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Sex Offender Charged with Failure to Update His Registration StatusRead 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 Shawn Peterkin, 38, formerly of South Carolina, was charged with one count of failure to update his sex offender registration status. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Peterkin was convicted in 2011 of Taking Indecent Liberties with a Child in North Carolina and was required to register as a sex offender. The defendant first registered in North Carolina in 2013. Subsequently, Peterkin relocated to South Carolina and registered as a sex offender in October 2014. The defendant failed however to update his registration in June 2015 and a warrant was issued by South Carolina authorities in November 2015. The U.S. Marshal’s Service found Peterkin residing in Rochester in February 2016. When the defendant was confronted, he admitted he was wanted in South Carolina for failure to register as a sex offender.
The arrest is the culmination of an investigation on the part of the United States Marshal’s Service, Marshal Charles Salina.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.