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Wednesday 17 February 2016
Two Texas Men Sentenced for Federal Hate Crime Against Gay African-American ManRead the Press Release
Ramiro Serrata Jr., 23, and Jimmy Garza, 33, were each sentenced to 15 years in prison following their convictions of hate crime offenses for their roles in a Mar. 8, 2012, assault of a gay African-American man in Corpus Christi, Texas, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Both men pleaded guilty in September 2015, to one count of conspiracy to commit hate crimes and one count of a hate crime violation of the Shepard-Byrd Hate Crime Act for causing bodily injury because of the victim’s sexual orientation. The sentences were imposed today by Senior U.S. District Judge Hayden Head of the Southern District of Texas. In handing down the sentence, Judge Head commented that the defendants had abandoned their humanity to the viciousness of animals, and also added that not only must the defendants be punished for their behavior, but that it must send a message that this type of behavior won’t be tolerated in a civilized society. Both men were also ordered to pay $10,800 in restitution, serve three years of supervised release and register as sex offenders.
During their respective plea hearings, both men admitted they conspired to assault a gay African-American man because of his race and sexual orientation. During the assault, the defendants punched and kicked the man and assaulted him with various weapons, including a frying pan, a mug, a sock filled with batteries, a broom and a belt. The defendants also poured bleach onto the victim’s face and into his eyes, and Garza struck the victim in the head with a handgun.
Serrata and Garza further admitted that when the victim began to bleed during the assault, they forced him to remove all of his clothing and clean up the blood throughout the apartment. After the victim was naked, Garza pointed a gun at him while Serrata sodomized the victim with a broom handle. Serrata and Garza admitted that, throughout the assault, they called the victim “gay” and other racial and homophobic slurs. The defendants also admitted that they repeatedly whipped the victim with a belt while calling him a “slave” and making other references to slavery.
Both men acknowledged that throughout the assault, they also prevented the man from leaving the apartment by physical force and threats of force. The victim eventually escaped the apartment by jumping out of a window and running away until he was discovered by the police.
“Today’s sentencing makes clear that assaults based on bias and hate will not be tolerated in this nation,” said Principal Deputy Assistant Attorney General Gupta, head of the Civil Rights Division. “These crimes violate both our civil rights laws and most basic national values. The Department of Justice will aggressively seek justice for any and all victims of such heinous violence.”
“The protection of all individuals from acts of violence based on their rights guaranteed by the Constitution and laws of the United States will always be a priority in this judicial district,” said U.S. Attorney Magidson. “This case represents that commitment.”
Serrata and Garza will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. A third defendant, Carlos Garcia Jr., pleaded guilty on Jan. 5, 2016, to one count of making false statements to a federal law enforcement officer. Garcia is scheduled to be sentenced on March 22, 2016, and faces a maximum sentence of five years in prison.
This case was investigated by the FBI’s Corpus Christi, Texas, Resident Agency with assistance from the Corpus Christi Police Department. It is being prosecuted by Trial Attorneys Jared Fishman and Nicholas Durham of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Ruben Perez of the Southern District of Texas.
Two Men Sentenced for Involvement in Scheme to Distribute Misbranded DrugsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Almuntasser “Alex” Hbaiu, age 34, and Michael Kang, age 46, both of Los Angeles, California, were sentenced on February 11, 2016 by U.S. District Court for the Central District of California Judge John A. Kronstadt
Judge Kronstadt sentenced Hbaiu to 24 months in prison for distribution of misbranded drugs, and structuring financial transactions with proceeds from criminal activity of more than $10,000. Hbaiu was ordered to pay a $60,000 fine and to forfeit his interest in the house at 1806 Meadow Ridge Drive, Hummelstown, Pennsylvania, $20,000 cash and the contents of two bank accounts. Hbaiu also agreed to the destruction of all seized sexual enhancement supplements.
Kang was sentenced to one month in prison, five months home confinement and a $5,000 fine for distribution of misbranded drugs.
Criminal charges were originally brought against Hbaiu in the Middle District of Pennsylvania in March 2013 before U.S. District Court Judge Sylvia H. Rambo and were later transferred to California.
According to the United States Attorney’ Office, Hbaiu was involved in companies that sold drugs including “Mojo Nights,” “Libigrow” and “Blue Diamond” marketed as “all natural” versions of drugs such as Viagra. In fact, the drugs contained sildenafil citrate, the active ingredient in Viagra, and Tadalafil, the active ingredient in Cialis. The misbranded “performance enhancers” products were sold on internet web sites as well as physical locations, including one in York County.
Kang headed companies in the Los Angeles area that supplied companies owned by Hbaiu with the misbranded dietary supplements and their ingredients.
Also charged with criminal conspiracy were Ahed Hbaiu, age 32, of Etters in York County, Pennsylvania, Gil Conrad Dizon, age 28, of Los Angeles, and Christopher Mouzon, age 27, of Los Angeles. In July 2015, Mouzon was sentenced by Judge Rambo in Harrisburg to six months in prison and four months home confinement for testifying falsely before the grand jury. Ahed Hbaiu reportedly left the country and Dizon is purportedly in the Philippines. Warrants have been issued for their arrest.
Hbaiu was charged with conspiring to avoid the requirement that banks report cash transactions of $10,000 or more by “structuring” deposits made into various bank accounts. Hbaiu made cash deposits of less than $10,000 in accounts of family members and associates and then transferred the money to accounts controlled by him. Some of the funds “structured” in this fashion were used to pay off the mortgage on a residence at 1806 Meadow Ridge Drive, Hummelstown, which was eventually titled to Alex Hbaiu. Other structured funds were used to fund the business operations of Caliber Investments, 1 Stop Sunoco Gas Station and Eclipse Builders, all located in Etters, York County.
“U.S. consumers rely on FDA oversight to ensure that dietary supplements contain only those ingredients that are disclosed on the label, and certainly to not contain the active ingredients in prescription drugs. When individuals manufacture and distribute supplements with undeclared and potentially dangerous ingredients, they place the health of consumers at serious risk,” said Glen A. McElravy, Acting Special Agent in Charge, FDA Office of Criminal Investigations’ Metro Washington Field Office. “We will continue to direct our resources to bringing to justice those who threaten the public health.”
“The structuring and concealment of monies derived from illegal activities is what enables criminal conduct such as the distribution of misbranded drugs to flourish,” said Internal Revenue Service, Special Agent in Charge Akeia Conner. “The Internal Revenue Service, Criminal Investigation is committed to enforcing the laws that insure individuals do not use our financial institutions to conceal the proceeds of their crimes.”
This case was investigated by the Internal Revenue Service, Criminal Investigation, The Food and Drug Administration Office of Criminal Investigations, and the Drug Enforcement Administration. The case was prosecuted by Assistant U.S. Attorney Christy H. Fawcett.
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Two Defendants Arrested in Multi-County Meth DistributionRead the Press Release
BOISE - Sergio Ayala-Sotelo, 26, and Gilberto Sanchez-Andrade, 25, both from Mexico, made an initial appearance today on charges of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced. Both of the defendants were indicted on February 9, 2016, by a federal grand jury in Boise.
The Indictment alleges that between January 27, 2016, and January 28, 2016, the defendants conspired with each other to distribute methamphetamine in the state of Idaho. Ayala-Sotelo also is charged with three counts of possession with the intent to distribute methamphetamine, and Sanchez Andrade is charged with one count of possession with intent to distribute methamphetamine.
The maximum sentence for conspiracy to distribute methamphetamine is at least ten years and up to life in prison and up to a $10 million fine. The maximum sentence for possession with intent to distribute methamphetamine depends on the amount of methamphetamine possessed on the specific date charged. Ayala-Sotelo faces a maximum sentence of at least five years and up to forty years in prison on two of the possession with intent to distribute counts and at least ten years up to life in prison on the third. Sanchez-Andrade faces a maximum sentence of at least ten years up to life in prison on the possession with intent to distribute count in which he is charged. The maximum fines on the possession with intent to distribute counts range from $5,000,000 for two of the counts charged against Ayala-Sotelo to $10,000,000 for the third possession with intent to distribute count pending against Ayala-Sotelo and the one count against Sanchez-Andrade.
A trial is set for April 4, 2016, before U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case is being investigated by the Drug Enforcement Administration Task Force comprised of the Ada County Sheriff’s Office, Boise Police Department, Meridian Police Department, and Nampa Police Department. The investigation was also assisted by Twin Falls County Sheriff’s Office, Twin Falls Police Department, Cassia County Sheriff’s Office, Elmore County Sheriff’s Office, and Mountain Home Police Department.
The case is being prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Twelve people indicted for conspiracy to distribute cocaine in YoungstownRead the Press Release
An 84-count indictment was filed in federal court charging 12 people for their roles in a conspiracy to distribute cocaine in the Youngstown area, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
The indictment alleges that between March 2015 and continuing through January 2016, the following individuals knowingly conspired to possess with the intent to distribute and to distribute cocaine: Jose G. Martinez, aka Lupe, 42, of Austintown, Ohio; Ricardo Bustillos-Ramos, 46, of Austintown, Ohio; Jonathan Rivera, 30, of Dallas; Lilia Comacho-Jimenez, 32, of Austintown, Ohio; Pedro Aboite-Espitia, 44, of New Carlisle, Ohio; Raymone T. West, 26, of Springfield, Ohio; Bruce Cuevas, Sr., 61, of Youngstown; Felipe Hildago-Rivera, 30, of Des Moines, Iowa; Justin D. Trevor, 28, of Wellsville, Ohio; Joseph W. Warrick, 54, of East Liverpool, Ohio; John N. Clemens, 71, of Kensington, Ohio, and Michael S. Patterson, 41, of Springfield, Ohio.
It was part of the conspiracy that Rivera and Aboite-Espitia supplied cocaine to Martinez for distribution in the Youngstown area. Martinez supplied cocaine to Trever, Clemens and Warrick for redistribution in the Northern District of Ohio and to West and Patterson for redistribution in the Southern District of Ohio, according to the indictment.
It was further part of the conspiracy that Bustillos-Ramos transported cocaine from Texas to Martinez in Ohio. Cuevas transported drugs and drug proceeds for the organization while Hildago-Rivera possessed and transported cocaine for the organization. The conspirators used cellular telephones, code words and phrases to facilitate their drug trafficking activities, according to the indictment.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Drug Enforcement Administration. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Tohatchi Man Sentenced to Almost 23 Years in Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Donald Norton, 46, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., was sentenced today in federal court in Albuquerque, N.M., for his child sex abuse conviction. Norton was sentenced to 275 months in federal prison followed by ten years of supervised release. He also was ordered to pay a $1,000 fine. Norton will be required to register as a sex offender when he completes his prison sentence.
Norton’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.
Norton was arrested on Dec. 2, 2013, on a two-count indictment alleging that he sexually abused the victim in Dec. 2009 and on a date between May 2010 and Aug. 2010. The indictment alleged that Norton committed the crimes on the Navajo Indian Reservation in McKinley County, N.M.
On May 27, 2015, Norton pled guilty to a felony information charging him with one count of aggravated sexual abuse. In entering his guilty plea, Norton admitted sexually molesting a child in Dec. 2009.
This case was investigated by the Albuquerque office of the FBI and the Navajo Nation Division of Public Safety. The case was prosecuted by Assistant U.S. Attorney Jacob Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Three Southern Illinois Residents Plead Guilty to Crack Cocaine OffenseRead the Press Release
On February 9, 2016, three southern Illinois residents pled guilty to a crack cocaine offense, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Keenon J. Farr, a/k/a "Keeno," 32, and Roderick L. McClain, a/k/a "Big Bama," 30, both of Carbondale, and Tommy T. Langston, a/k/a "G," 38, of Herrin, pled guilty to a one-count superseding indictment, charging conspiracy to distribute 28 grams or more of crack cocaine. The indictment alleges that the offense occurred between October 2014 and July 2015, in Williamson and Jackson Counties. Evidence at the plea hearings established that Farr, McClain, and Langston were involved with each other and others in the distribution of crack cocaine. During the investigation, the three co-defendants sold crack cocaine to confidential sources working for law enforcement. Farr, McClain, and Langston are being held without bond pending June 2016 sentencing hearings.
Farr and Langston are facing penalties of 10 years to life imprisonment, to be followed by 8 years’ supervised release, and a fine of up to $8,000,000. McClain is facing a penalty of 5-40 years’ imprisonment, to be followed by 3 years’ supervised release, and a fine of up to $5,000,000.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group, Drug Enforcement Administration, Jackson County Sheriff’s Office, and Carbondale Police Department. The Williamson and Jackson County States Attorney’s Offices also assisted in the investigation.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Three Elkins residents charged in counterfeit money schemeRead the Press Release
ELKINS, WEST VIRGINIA – A federal grand jury returned an indictment today charging three Elkins residents with fraudulently using counterfeit money to obtain authentic currency and other goods, United States Attorney William J. Ihlenfeld, II, announced.
Marc G. Collett, 34, Robert R. Teter, 29, and Jonathan J. Ross, 29, all of Elkins, are alleged to have repeatedly exchanged counterfeit money in order to obtain authentic United States currency, debit cards, and merchandise in Harrison County, West Virginia in late 2014.
All three defendants are charged with one count of “Conspiracy to Utter Counterfeit Obligations or Securities” and two counts of “Uttering Counterfeit Obligations or Securities – Aiding and Abetting.” Collett is further charged with three additional counts of “Uttering Counterfeit Obligations or Securities – Aiding and Abetting.” Teter is further charged with two additional count of “Uttering Counterfeit Obligations or Securities – Aiding and Abetting.” The defendants each face up to 20 years in prison and a fine of up to $250,000 on each of the aforementioned charges. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah Montoro is prosecuting the case on behalf of the government. The United States Secret Service, the Clarksburg, West Virginia Police Department, and the West Virginia State Police are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Tennessee Man Pleads Guilty to Misbranding ChargeRead the Press Release
ABINGDON, VIRGINIA – A Elizabethton, Tennessee man pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to a drug misbranding charge, United States Attorney John P. Fishwick Jr. announced today.
Cecil A. McConnell III, 44, of Elizabethton, Tenn., was charged in a superseding indictment returned in October 2015 with a number of drug-related charges. Today in District Court, McConnell pled guilty to one count of misbranding a drug.
“The United States Attorney’s Office will continue to be vigilant in the prosecution of all illegal drugs, including analogues and other misbranded substances,” United States Attorney John P. Fishwick Jr. said today.
At sentencing, McConnell faces a maximum possible penalty of up to three years in prison and/or a fine of up to $10,000. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
The investigation of the case was conducted by the Virginia State Police, the Southwest Virginia Drug Task Force in Big Stone Gap, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Alachua County, Florida, Sheriff’s Office, the Wise County Sheriff’s Office and the Scott County Sheriff’s Office. Assistant United States Attorney Zachary Lee is prosecuting the case for the United States.
Stockton Man Sentenced for Trafficking Guns and MethamphetamineRead the Press Release
SACRAMENTO, Calif. — Brandon Johnson, 26, of Stockton, was sentenced today to 10 years in prison for distributing methamphetamine and selling firearms without a license, United States Attorney Benjamin B. Wagner announced.
According to court documents, special agents conducted an extensive investigation into Johnson’s gun and drug dealing activities. From August 2013, to October 2013, Johnson met repeatedly with an undercover agent. During the course of four separate meetings, Johnson sold the undercover agent more than half a pound of methamphetamine and although Johnson did not have a license to sell firearms, he sold the undercover agent five firearms, including four pistols and one AK-type DC Industries 7.62 x39 caliber rifle.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Christiaan Highsmith prosecuted the case.
Stilwell Woman Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that NATASHA DAWN POAFPYBITTY, age 29, of Stilwell, Oklahoma pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii), punishable by not less than 10 years imprisonment, up to a $10,000,000.00 fine or both.
The charge is a result of an investigation by the Cherokee Nation Marshals Service, the District 27 District Attorney’s Drug Task Force and the Drug Enforcement Administration. The defendant was indicted in February, 2015.
The Indictment alleged that that on or about November 20, 2014, within the Eastern District of Oklahoma, the defendant, NATASHA DAWN POAFPYBITTY, did knowingly and intentionally possess with intent to distribute fifty (50) grams or more of Methamphetamine (actual), a Schedule II controlled substance.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshals Service pending sentencing.
Assistant United States Attorney Shannon Henson represented the United States.
Source of Supply of ICE to Bamberg SentencedRead the Press Release
Contact Person: Jim May (803) 929-3000
Evidence presented at the trial established the DEA began an investigation targeting methamphetamine dealers in the Bamburg area of South Carolina. The investigation revealed that Douglas Harry and Charles Wallace were the local dealers and that Harry would travel to Atlanta to obtain the methamphetamine. Agents were able to identify Harry’s suppliers as Richard Proctor (deceased) and Tiffany Walden. Through the use of various investigative techniques, to include Title III wire intercepts, pole cameras and toll analysis, DEA identified Proctor and Walden’s supplier as Ramirez. Testimony established that Ramirez transported pound quantities of high quality methamphetamine, known as ICE, from Texas to Atlanta hidden in sealed cans of beans. Ramirez then distributed the ICE to dealers in the Atlanta area, to South Carolina, and Tennessee. The Drug Enforcement Administration tested the methamphetamine at 96 to 100 percent pure, which reflects that the meth was made in a “super lab” south of the Texas border. Ramirez is the final defendant of the conspiracy to sentenced, with Wallace having been sentenced to 211 months, Harry to 115 months, and Walden to 60 months. The case was investigated by agents of the DEA. Assistant United States Attorney Beth Drake and Jim May of the Columbia United States Attorney’s Office prosecuted the case. #####
Columbia, South Carolina---- United States Attorney Bill Nettles stated today that Alfredo De Jusus Ramirez, age 21, of Henry County, Georgia was sentenced in federal court in Columbia, South Carolina, for conspiracy to distribute methamphetamine, a violation of 21 U.S.C. § 846. United States District Judge J. Michelle Childs of Columbia sentenced Ramirez to 292 months in the Bureau of Prisons.Somerville Man Arrested in Miami After Fleeing Massachusetts and being Found on Boat off the Coast of CubaRead the Press Release
BOSTON – A Somerville man, who was charged yesterday for his role in orchestrating a disruptive computer attack on a local hospital’s network, was arrested in Miami this morning after having fled Massachusetts and being found in a small boat off the coast of Cuba. The man and his wife made a distress call, after their boat ran into trouble. A nearby Disney Cruise Ship responded to the distress call and rescued the couple.
Martin Gottesfeld, 31, had been aware of a federal investigation since October 2014, when the FBI searched his home in relation to a computer attack on the hospital network. Last week, the Somerville Police Department conducted a wellness check at the Gottesfeld’s apartment after receiving calls from his employer and from relatives concerned about his whereabouts. It is alleged that Mr. Gottesfeld had not been to work, nor had he or his wife had any contact with family members in several weeks. The police found no one home at his apartment.
On Tuesday, February 16th, the FBI in Boston was notified by their counterparts in the Bahamas that Gottesfeld and his wife were not registered guests on the ship, but rather had been picked up by the cruise ship near Cuba, following a distress call. Mr. Gottesfeld was arrested when the cruise ship returned to its Miami port this morning.
Gottesfeld was charged in a criminal complaint unsealed today in U.S. District Court in Boston with one count of conspiracy. According to the affidavit, the computer attack, which disrupted the hospital’s network for approximately a week, was launched in the name of hacking group Anonymous in an effort to affect the hospital’s handling of a teenage patient (“Patient A”), who was the subject of a high-profile custody battle between her parents and the Commonwealth of Massachusetts.
According to the complaint affidavit, the attack on the Massachusetts hospital was one of two attacks that Gottesfeld and others orchestrated.
On March 23, 2014, Gottesfeld allegedly posted a YouTube video calling, in the name of Anonymous, for action against the local hospital in response to its treatment of Patient A. The video, which was narrated by a computer-generated voice, stated that Anonymous “will punish all those held accountable and will not relent until [Patient A] is free.” The YouTube video directed viewers to a posting on the website pastebin.com that contained the information about the hospital’s server necessary to initiate an attack against that server.
It is further alleged that on April 19, 2014, the conspirators initiated an attack against the hospital server identified in the pastebin.com posting. That attack directed hostile traffic at the hospital’s network for at least seven days, disrupted that network, and took the hospital’s website out of service. The attack also disrupted the hospital’s day-to-day operations, as well as the research being done at the hospital.
The hospital had to re-allocate its resources in a significant way to ensure that patient care was not affected during this period. In an effort to ensure the attack did not compromise patient information, the hospital decided to shut down the portions of its network that communicated with the Internet and its e-mail servers. This effort successfully prevented the attackers from accessing any patient records or other internal hospital information. Responding to, and mitigating, the damage from this attack cost the hospital more than $300,000.
The charge of conspiracy provides for a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000 and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Carmen M. Ortiz and Harold Shaw, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Division made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Adam Bookbinder and David D’Addio of Ortiz’s Cybercrime Unit.
The details contained in the criminal complaint affidavit are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Silver Spring Man Sentenced to Prison for $1.6 Million SBA Fraud SchemeRead the Press Release
Baltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Stewart Mark Twayne Harris, age 39, of Silver Spring, Maryland, today to two years in prison followed by five years of supervised release for bank fraud, money laundering and aggravated identity theft. Judge Motz also entered an order that Harris pay restitution of $1,666,700, and forfeit residential property located in Brandywine, Maryland.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Small Business Administration Inspector General Peggy E. Gustafson; and Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General, Philadelphia Field Division.
According to his plea, in April 2009, Harris applied for a $1,666,700 loan from a commercial lender for the purported purpose of using loan proceeds to purchase a commercial glass company. The loan was to be guaranteed by the Small Business Administration (SBA). To secure the business loan, Harris submitted a loan application and purported tax returns in which he falsely represented the social security number of another individual to be his own. He also submitted false bank statements in which he used the stolen identity of a second victim, and an equity statement which falsely represented the amount of paid receipts and other cash injection into the business he was to purchase.
Based on this false documentation, the SBA and the lender approved the loan, with the SBA guaranteeing 89.99% of the loan amount. On June 26, 2009, the lender disbursed $1,591,666 to Harris. From June to October, 2009, in order to conceal the loan proceeds, Harris deposited and withdrew the proceeds into different bank accounts he controlled. On October 1, 2009, Harris withdrew part of the funds to make a deposit and down payment on the purchase of a home in Brandywine, Maryland.
Harris defaulted on the loan on January 5, 2011. SBA paid the lender approximately $1,515,918.90 in satisfaction of its loan guarantee.
In April 2012, Harris filed a voluntary petition for bankruptcy. In his petition to the bankruptcy court, Harris failed to declare the commercial lender as a creditor, and failed to disclose that he was an officer or director, and owner of five percent or more, of the glass company.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein commended the SBA-OIG and SSA–OIG for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Thomas P. Windom, who prosecuted the case.
Shelton Man Involved in Steroid Manufacturing and Distribution Conspiracy is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARK BERTANZA, 34, of Shelton, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to three years of probation for his role in a steroid manufacturing and distribution ring. Judge Chatigny also ordered BERTANZA to perform 120 hours of community service and pay a $1000 fine.
According to court documents and statements made in court, a long-term investigation led by the Federal Bureau of Investigation, Drug Enforcement Administration and Homeland Security Investigations revealed that Steven Santucci, a former Newtown Police sergeant, and others were receiving shipments of steroid ingredients from China and manufacturing and distributing wholesale quantities of steroids. The investigation also revealed that certain members of the conspiracy were distributing prescription pills, including oxycodone, as well as cocaine.
BERTANZA purchased anabolic steroids from Santucci and distributed them to others.
During the course of the investigation, law enforcement officers seized hundreds of vials of steroids, approximately 600 grams of raw testosterone powder, approximately 350 grams of powder cocaine, and four long guns.
On October 16, 2015, BERTANZA pleaded guilty to one count of conspiracy to distribute anabolic steroids.
On December 9, 2015, Santucci pleaded guilty to steroid distribution and money laundering offenses. He awaits sentencing.
This matter is being investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Homeland Security Investigations, with the assistance of the U.S. Marshals Service, U.S. Postal Inspection Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being prosecuted by Assistant U.S. Attorneys Rahul Kale and Robert M. Spector.
Sayre Man Pleads Guilty to Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that BUDDY KENNY ROGERS, age 36, of Sayre, Oklahoma pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C), punishable by not less than 5 years and not more than 40 years imprisonment, up to a $5,000,000.00 fine or both.
The charge is a result of an investigation by the Tulsa County Sheriff’s Office, Tahlequah Police Department and the Drug Enforcement Administration. The defendant was indicted in November, 2015.
The Indictment alleged that that in or about June 2014 and continuing until on or about April 1, 2015, within the Eastern District of Oklahoma and elsewhere, the defendant, BUDDY KENNY ROGERS did knowingly and intentionally combine, conspire, confederate and agree together, and with others, known and unknown to commit offenses against the United States to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II controlled substance and a mixture or substance containing a detectable amount of Heroin, a Schedule I controlled substance.
Rogers was a California state inmate incarcerated within the Oklahoma Department of Corrections. While incarcerated within the Oklahoma Department of Corrections, Rogers utilized a cellular telephone to contact others in California to coordinate the delivery of methamphetamine and heroin to others outside the prison system but within the Eastern District of Oklahoma.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshals Service pending sentencing.
Assistant United States Attorney Shannon Henson represented the United States.
Richard Graham Sentenced to 70 Months for Possession with Intent to Distribute Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Richard Graham, 37, of Bronx, New York was sentenced yesterday for having possessed with intent to distribute 28 grams or more of cocaine base in Vermont. United States District Judge Geoffrey Crawford sentenced Graham to 70 months in prison, to be followed by four years of supervised release.
According to court records, on the evening of July 8, 2015, Graham arrived at the Waterbury train station as a passenger on the northbound Vermonter. He was picked up from the station by a vehicle, which was subsequently stopped by law enforcement as it traveled toward Stowe, Vermont. During the stop, Graham initially identified himself by a fake name and presented a Vermont identification card in that name that he had obtained using another person’s name, social security number, and date of birth.
During a consensual search of the vehicle, officers located drug paraphernalia, and a K9 trained in drug detection alerted to the spot where Graham had been seated. Officers subsequently determined that Graham had concealed approximately 48 grams of cocaine base in his body. Further investigation showed that Graham had been distributing controlled substances in Vermont for approximately one year, repeatedly traveling to Vermont on commercial carriers from New York City while possessing cocaine base.
Graham has three prior felony convictions for selling or possessing with intent to deliver controlled substances.
This matter was investigated by the Vermont State Police Drug Task Force and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt. Graham was represented by John-Claude Charbonneau, Esq. of Rutland.
Poteau Man Sentenced to 36 Months Probation for Theft of Government FundsRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that PAUL DANIEL MORRISON, age 55, of Poteau, Oklahoma, was sentenced to 3 years of probation for THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641. MORRISON was also ordered to pay $25,955.06 in restitution.
The charge is a result of an investigation by the Department of Veterans Affairs, Office of Inspector General. The defendant was indicted in August, 2015.
The Indictment alleged that beginning in or about December, 2011, and continuing until on or about July 9, 2013, within the Eastern District of Oklahoma, the defendant, did willfully and knowingly steal and purloin money of the Department of Veterans Affairs, a department or agency of the United States, namely, Department of Veterans Affairs Monthly Non-Service Connected Pension Benefits payments to which he knew he was not entitled, having a value in excess of $1,000.00.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
Assistant United States Attorney Rob Wallace represented the United States.
Pittsburgh Man Sentenced to Prison for Fraud SchemeRead the Press Release
PITTSBURGH - A resident of Allegheny County, Pennsylvania, has sentenced in federal court to 18 months of incarceration; three years of supervised release, and was ordered to pay $204,252.16 in restitution on his conviction of fraud conspiracy, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Duane Jackson, 30, Pittsburgh, PA.
According to the information presented to the court, Jackson and his conspirators agreed to defraud account holders at Pittsburgh area banks by a remote deposit, mobile-banking scheme in which Jackson and conspirators deposited fictitious checks into victim accounts, and later withdrew cash at the Rivers Casino and ATMs.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended Western Pennsylvania Financial Crimes Task Force (WPFCTF) for conducting the investigation that led to the successful prosecution of these defendants. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort is the United States Attorney's Office for the Western District of Pennsylvania, the Department of Homeland Security, the United States Secret Service, the United States Postal Inspection Service, and the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
John Andrew Red Cloud, age 47, was indicted on December 15, 2015. Red Cloud appeared before U.S. Magistrate Judge Daneta Wollmann on February 12, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Red Cloud assaulting a female on June 15, 2015, at Pine Ridge.
The charge is merely an accusation and Red Cloud is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Red Cloud was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 19, 2016.
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Piedmont Man Pleads Guilty to Tax ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Piedmont, South Dakota, man has pleaded guilty in federal court to Failure to Withhold, Properly Account For, and Pay Over Tax and Concealment of Bankruptcy Assets.
Bernard Haag, age 57, was charged on January 26, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on February 12, 2016, and pleaded guilty pursuant to a plea agreement reached with federal prosecutors. The maximum penalty for each count is 5 years of imprisonment, a $250,000 fine, or both, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Haag willingly failing to pay over taxes and concealing income from a bankruptcy trustee. The investigation was conducted by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Haag was released during the pendency of the proceedings. ##
Physician Pleads Guilty to Illegally Prescribing Pain MedicationRead the Press Release
TYLER, Texas – U.S. Attorney John M. Bales announced that an East Texas pain management physician has pleaded guilty to illegally dispensing controlled substances.
Sameer Andoni Fino, 49, of Murphy, Texas, pleaded guilty before United States Magistrate Judge John D. Love for dispensing controlled substances outside the usual course of professional practice and not for a legitimate medical purpose.
According to information presented in court, Fino, as the owner of the Fino Pain Clinic, provided pain management services to patients in the Dallas/Fort Worth metropolitan area and East Texas. On September 24, 2014, in Longview, Texas, Fino evaluated an undercover law enforcement agent who was posing as a new patient. During that visit, Fino did not perform any physical examination of the agent. After meeting with the agent for approximately six minutes, Fino wrote the undercover agent a prescription for 60 units of Norco ® 10 mg, which is an opioid pain medication containing hydrocodone. Fino knowingly and intentionally dispensed this controlled substance outside the usual course of professional practice and not for a legitimate medical purpose.
In connection with his guilty plea, Fino has agreed to voluntarily surrender his DEA Certificate of Registration, thereby surrendering his privileges to prescribe controlled substances in the future.
In a related civil action, Fino has agreed to forfeit $3,936,704.41. The funds were originally seized during the execution of federal seizure warrants. At sentencing, Sameer Andoni Fino faces up to ten years in federal prison. No sentencing date has been set.
The investigation leading to the charges was conducted by agents from the United States Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the United States Department of Health and Human Services – Office of the Inspector General (HHS-OIG), and the Texas Office of the Attorney General – Medicaid Fraud Control Unit (OAG-MFCU). Special Assistant United States Attorney Kenneth C. McGurk is prosecuting this case.
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Parma man faces child pornography chargesRead the Press Release
Michael L. Sowinski, 62, of Parma, was charged with receiving, distributing, and possessing visual depictions of minors engaged in sexually explicit conduct, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
The indictment charges that from on or about November 5, 2011, through on or about May 3, 2015, Sowinski knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct. It is further alleged that on May 14, 2015, Sowinski possessed a Dell desktop computer, a Western Digital external hard drive, a Hitachi external hard drive, and a Samsung external hard drive, all devices that contained child pornography.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorneys Benedict S. Gullo and Carol M. Skutnik. The case was investigated by the State of Ohio Internet Crimes Against Children Task Force.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Palm Beach County Resident Sentenced for Her Participation in Stolen Identity Tax Fraud Scheme Involving at Least 790 IdentitiesRead the Press Release
A Palm Beach County resident was sentenced to prison for her participation in a stolen identity tax fraud scheme involving at least 790 stolen identities.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Nadine Gurley, Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of the Inspector General (HUD-OIG), and Karen Citizen-Wilcox, Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General (USDA OIG), made the announcement.
Kelli Witherspoon McIntosh, 39, of Palm Beach County, was sentenced by U.S. Senior District Judge Daniel T. K. Hurley to 36 months in prison, followed by three years of supervised release (Case No. 14-CR-80158). McIntosh was also ordered to pay restitution in the amount of $775,242.91. In October 2015, McIntosh pled guilty to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349; and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1). McIntosh’s sentence includes a term of 12 months in prison for her participation in the conspiracy and a mandatory consecutive term of 24 months in prison, for the aggravated identity theft conviction.
Co-conspirators Latonia Verdell (Case No. 14-CR-80158) and Starling Willis (Case No. 15-CR-80119), both of Palm Beach County, were previously convicted of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1), and conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 1343 and 1349. Verdell was also convicted of being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1); possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3); theft of government property, in violation of Title 18, United States Code, Section 641; and making a false statement to a federal government agency, in violation of Title 18, United States Code, Section 1001(a)(2) and sentenced in January 2016.
Verdell was sentenced to 94 months in prison, followed by three years of supervised release, and was ordered to pay restitution in the amount of $947,296.81. Verdell’s sentence included a concurrent term of 70 months in prison for each count of conviction for theft of government money, felon in possession, and unauthorized access devices; and a concurrent sentence of 5 years in prison for the false statement conviction. In addition, Verdell was sentenced to a mandatory term of 24 months in prison, to run consecutive to all other sentences, for the aggravated identity theft conviction.
Willis was sentenced to 33 months in prison, followed by three years of supervised release, and ordered jointly and severally liable for restitution, with Verdell, in the amount of $32,4551. Willis was sentenced to 9 months in prison for the conspiracy, to be followed by a mandatory consecutive term of 24 months in prison for the aggravated identity theft conviction.
According to court documents and the defendants’ testimony during the sentencing hearings, Verdell, Willis and co-defendant McIntosh, participated in a widespread stolen identity refund fraud scheme involving at least 790 stolen identities and personal identification information (PII). The PII was used to file fraudulent on-line income tax returns, with those refunds being directed to various bank accounts created and maintained by Verdell, McIntosh and Willis, as well as to reloadable debit cards. Identity theft victims whose personal information was used for this scheme spanned from Indian River, Highlands, St. Lucie, Martin and Palm Beach Counties, as well as persons outside the State of Florida. This scheme resulted in the submission to the IRS of more than 590 fraudulent returns in the names of other persons, seeking approximately $1.5 million in fraudulent income tax refunds.
Court documents also indicate that on September 1, 2010, while Verdell was receiving unauthorized income from the filing of fraudulent income tax returns with the IRS, she received a housing assistance payment funded by the U.S. Department of Housing and Urban Development (HUD), while knowing she was not entitled to receive such a payment. On September 24, 2013, Verdell submitted an application for enrollment in the Supplemental Nutrition Assistance Program (SNAP), also referred to as ‘food stamps.’ In her application, Verdell knowingly stated that her only monthly income was $715, without any other source of income, when she was in fact receiving significant income from fraudulent tax refund payments.
Court documents also indicate that evidence of the stolen PII, a list of bank accounts belonging to Willis, information regarding accounts which received fraudulent refunds, and a stolen .38 caliber pistol, were found in Verdell’s home during the execution of a federal search warrant.
Mr. Ferrer commended the investigative efforts of the IRS-CI, HUD-OIG, and USDA OIG. Mr. Ferrer also thanked the Palm Beach County Sheriff’s Office for their assistance with this investigation. The case is being prosecuted by Assistant U.S. Attorney Theodore Cooperstein.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Orange, Texas Resident Sentenced for Gun and Drug ChargesRead the Press Release
BEAUMONT, Texas – A 59 year old Orange, Texas man has been sentenced to federal prison for conspiring to possess “crack” cocaine and possession of a firearm by a convicted felon announced U.S. Attorney John M. Bales today.
Grover Lee Roberts pleaded guilty on November 24, 2015, to Conspiracy to Possess with the Intent to Distribute Cocaine Base and Possession of a Firearm by a Convicted Felon and was sentenced to 60 months in federal prison today by U.S. District Judge Ron Clark. In addition to his term of imprisonment, Roberts’ was ordered to forfeit his residence and the gun recovered from his house to the Government. In addition, he received a money judgment in the amount of $10,000.00.
According to information presented in court, beginning sometime in 2008, Roberts began to sell ounce quantities of cocaine base from or near his residence in Orange, Texas. In early 2009, Roberts was arrested and pleaded guilty to felony possession of a controlled substance in the 128th District Court of Orange, Texas. Despite receiving a seven year probated sentence for these state charges, Roberts persisted in his crack cocaine distribution until his arrest on federal charges in October, 2015. While executing search and arrest warrants at Roberts’ residence in Orange, Roberts told officers that he had a gun in his residence. A subsequent search of his Roberts’ home produced a Hardballer, AMT Long Slide .45 caliber pistol and .45 caliber ammunition.
This case was investigated by the Drug Enforcement Administration and the Orange Police Department and prosecuted by Assistant U.S. Attorney John Craft.
Omaha Man Sentenced for Robbery and Possessing a Stolen FirearmRead the Press Release
United States Attorney Deborah R. Gilg announced that Taydor Yoayat, age 20, of Omaha, Nebraska, was sentenced today to six years imprisonment by the Honorable Laurie Smith Camp, for robbery and possessing a stolen firearm. On September 28, 2015, Yoayat pleaded guilty to robbing the Quik Trip at 1704 South 72nd Street. He also admitted to selling a stolen firearm. He was ordered to serve a three-year term of supervised release upon his release from prison.
On August 14, 2014, at approximately 11:30 p.m., two men entered the Quik Trip and demanded money from the cash register. An accomplice held a gun while Yoayat collected the money. Approximately $173.00 was taken. Penn and Yoayat were not immediately arrested. On August 19, 2014, Yoayat sold a stolen .45 caliber handgun to a confidential informant, knowing that the gun had been stolen. Federal charges have been filed against Tyriss Penn in connection with this case and his case is still pending.
The case was investigated by the Omaha Police Department and Federal Bureau of Investigation.
Oklahoma City Man Sentenced to 262 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that TIMOTHY CRAIG BOXFORD, age 43, of Oklahoma City, Oklahoma, was sentenced to 262 months imprisonment, followed by 5 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A). Due to the defendant’s prior criminal history, BOXFORD was considered a career criminal offender, therefore enhancing his sentence.
The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Indictment alleges that on or June 21, 2014, in the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Dean Burris represented the United States.
Okay Man Sentenced to 54 Months for Possession of Firearm and AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, age 35, of Okay, Oklahoma, was sentenced to 54 months imprisonment, followed by 3 years of supervised release for FELON IN POSSESSION OF FIREARM & AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The charges are a result of an investigation by the United States Marshals Service, the District 27 Drug Task Force and the Bureau of Alcohol, Tobacco and Firearms. The defendant was indicted in August, 2015 and pled guilty in September, 2015.
The Indictment alleged that on or about February 26, 2015, within the Eastern District of Oklahoma, the defendant, WILLIAM JAMES SMITH, Jr., a/k/a Jimmy, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Dean Burris represented the United States.
New York Man Sentenced to 41 Months in Federal Prison for Selling Jewelry Stolen from Connecticut HomeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that MIGUEL MEAD, 33, of Schenectady, N.Y, was sentenced yesterday by U.S. District Judge Jeffrey Alker Meyer in New Haven to 41 months of imprisonment, followed by three years of supervised release, for selling jewelry that was stolen in a Connecticut home burglary.
According to court documents and statements made in court, MEAD was a member of a group of friends who referred to themselves as the “Jedi Knights.” Between approximately February 2012 and November 2013, members of the Jedi Knights committed numerous residential burglaries in Connecticut and elsewhere along the eastern seaboard, stealing money, jewelry and firearms.
In February 2012, two of MEAD’s associates burglarized a residence in Salisbury, Connecticut, and stole approximately 250 pieces of jewelry valued at more than $2.5 million. They then traveled to a hotel in Newburgh, N.Y., where they met a third accomplice who identified the jewelry as being very valuable. Shortly thereafter, the three accomplices traveled with the jewelry to North Carolina. On the way, they contacted MEAD and bought him an airline ticket, which he used to immediately fly to North Carolina. After he arrived, MEAD was given several pieces of the stolen jewelry, which he subsequently sold to a business in North Carolina in exchange for $11,543.44. The business then melted the pieces down.
The investigation revealed that the business purchased one of the pieces, a gold snail broach, for approximately $800. The victim confirmed that the broach was unique and had an appraised worth of $50,000.
MEAD has been detained since his arrest on June 4, 2015. On October 13, 2015, he pleaded guilty to one count of sale or receipt of stolen goods.
MEAD has multiple prior convictions, including convictions for crimes of violence, such as assault, and unlawful possession of firearms.
An order of restitution will be issued at a later date.
This matter is being investigated by the Federal Bureau of Investigation and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Vanessa Richards.
New Haven Woman Who Made False Statements to Receive Witness Funds is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that LACEY BLAND, 28, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to three years of probation, the first six months of which BLAND must spend in home confinement, for making false statements to receive federal funds. BLAND also was ordered to perform 50 hours of community service.
According to court documents and statements made in court, BLAND was a potential witness in a federal matter. After BLAND reported concerns about her safety, the U.S. Attorney’s Office sought and obtained authorization to provide Emergency Witness Assistance Program (EWAP) funds for her to change her residence. BLAND subsequently told an employee of the U.S. Attorney’s Office and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives that she had found a new residence and that a rental check in the amount of $3,600 should to made payable to a person she stated was the landlord’s wife. BLAND also requested $399 in cash for payment to the movers.
An investigation revealed that the “landlord’s wife” was, in fact, an associate of BLAND’s who was unrelated to the landlord or premises to which BLAND stated she was moving. BLAND never received EWAP funds.
On June 25, 2015, BLAND pleaded guilty to one count of making a false statement to law enforcement.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and was prosecuted by Assistant U.S. Attorney Anthony E. Kaplan.
Monroe County Resident Pleads Guilty to Child PornographyRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today that on February 17, 2016, Nicholas J. Perjak, 34, a Monroe County resident, pled guilty to a four-count Superseding Indictment charging him, in Count 1, with Attempt to Access with Intent to View Child Pornography; and, in Counts 2 through 4, with Access with Intent to View Child Pornography. Perjak’s sentencing date is June 3, 2016, in East St. Louis, Illinois. On Counts 1 through 4, Perjak faces a term of imprisonment of not more than ten (10) years, a fine up to $250,000, and a term of supervised release of five (5) years to life.
The charges arose from an investigation by the Federal Bureau of Investigation’s New Orleans’ Office in which IP addresses were captured when an individual, using a particular IP address, visited a website that contained links to child pornography and subsequently clicked on a link that indicated, through the description of the link, that the link would lead to child pornography. An administrative subpoena issued as part of the investigation determined that one of the captured IP addresses was registered to Perjak at his prior residence in Waterloo, Illinois. The investigation by the FBI’s New Orleans’ office revealed that Perjak attempted to access child pornography on this website on May 14, May 18, and June 25, 2011 (Count 1).
Based on this information, Task Force Officers with the FBI’s Child Exploitation Task Force, located in Fairview Heights, Illinois, conducted an interview at Perjak’s residence on December 13, 2012. Perjak provided a voluntary statement in which he identified a Dell laptop computer as the computer he primarily used for work and personal business. Perjak also admitted viewing child pornography for approximately two years, and indicated that he last viewed child pornography "in the last week." Perjak admitted being addicted to child pornography, and said that he had been addicted to it for the past three years. Perjak also admitted viewing child pornography of girls between ten and sixteen years of age. Perjak said that he never saved or stored any child pornography on his Dell laptop computer. After the interview ended, Perjak gave the officers written consent to seize his Dell laptop computer.
A forensic review of the Dell laptop computer revealed approximately 6,164 image files of child pornography. The forensic review also revealed that on November 11, November 24, and December 3, 2012, Perjak searched for and accessed both image and video files of child pornography using Internet Explorer (Counts 2-4). The forensic review also indicated that the image and/or video files of child pornography that had been accessed and viewed on these dates had been downloaded to the laptop computer.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case was investigated by the Federal Bureau of Investigation’s New Orleans’ Office and the Federal Bureau of Investigation's Springfield Child Exploitation Task Force. The case is assigned to Assistant United States Attorney Angela Scott.
Monongahela Man Sentenced to Probation for Unlawfully Receiving Social Security BenefitsRead the Press Release
PITTSBURGH -- A resident of Monongahela, Pa., has been sentenced in federal court to two years of probation on his conviction of theft of government property, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Gregory Kavalec, 68, of Monongahela, Pa.
According to information presented to the court, from on or about Oct. 3, 2013, to on or about Sept. 3, 2014, Kavalec unlawfully received property of the United States, that is Old Age, Survivor and Disability Insurance (OASDI) Social Security benefits in the amount of approximately $17,985.
Assistant United States Attorney Margaret E. Picking and Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Social Security Administration-Office of Inspector General for the investigation leading to the successful prosecution of Kavalec.
Monongahela Man Sentenced to Probation for Unlawfully Receiving Social Security BenefitsRead the Press Release
PITTSBURGH - A resident of Monongahela, Pa., has been sentenced in federal court to two years of probation on his conviction of theft of government property, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Gregory Kavalec, 68, of Monongahela, Pa.
According to information presented to the court, from on or about Oct. 3, 2013, to on or about Sept. 3, 2014, Kavalec unlawfully received property of the United States, that is Old Age, Survivor and Disability Insurance (OASDI) Social Security benefits in the amount of approximately $17,985.
Assistant United States Attorney Margaret E. Picking and Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Social Security Administration-Office of Inspector General for the investigation leading to the successful prosecution of Kavalec.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 16, 2016, by U.S. District Court Judge Roberto A. Lange.
Richard Peneaux, age 22, was sentenced to 12 months and 1 day in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Peneaux was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 11, 2015. He pled guilty on December 2, 2015.
On March 4, 2014, Peneaux pled guilty to Sexual Abuse of Minor, requiring him to register as a sex offender. Between June 13, 2015, and August 11, 2015, Peneaux, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.
This case was investigated by the U.S. Marshals Service and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Peneaux was immediately turned over to the custody of the U.S. Marshals Service.
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Mission Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 16, 2016, by U.S. District Roberto A. Lange.
William Paul Whiting, age 42, was sentenced to 120 months in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
Whiting was indicted by a federal grand jury on July 21, 2015. He pled guilty on December 1, 2015. The drug quantity attributed to Whiting as a part of his role in the narcotics trafficking conspiracy was between 500 grams and 1.5 kilograms of methamphetamine.
During 2014 and up until his arrest in July of 2015, Whiting was a daily user of methamphetamine. To support his habit, Whiting routinely purchased and sold methamphetamine himself. At one point during that time, Whiting distributed three to four 8-balls (3.54 grams) of methamphetamine daily, seven days a week, or until he ran out. Whiting also recruited two or more individuals who acted as subordinates and distributed methamphetamine for him on the Rosebud Sioux Reservation.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorneys Ted McBride and SaraBeth Donovan prosecuted the case.
Whiting was immediately turned over to the custody of the U.S. Marshals Service.
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Maryland man pleads guilty to lying to purchase firearmsRead the Press Release
ELKINS, WEST VIRGINIA – Jarrud Michael Dixon, 26, of New Market, Maryland, pled guilty in federal court today to providing false information in order to purchase firearms, United States Attorney William J. Ihlenfeld, II, announced.
Throughout 2013 and 2014, Dixon conspired with other individuals, including a licensed firearms dealer in Pocahontas County, West Virginia, to unlawfully transport firearms across state lines from West Virginia into Maryland. Specifically, Dixon attempted to purchase two firearms in Pocahontas County by falsely stating that the firearms were being purchased for a different individual who could lawfully purchase firearms in West Virginia.
Dixon pled guilty today to one count of “False Statement in Firearms Dealer Records.” He faces up to five years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Stephen Warner and Sarah Montoro prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Baltimore, Maryland Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Maryland Health Care Provider Convicted for Patient DeathsRead the Press Release
Baltimore, Maryland - A federal jury today convicted the owner of Alpha Diagnostics, Rafael Chikvashvili, age 67, of Baltimore, Maryland, of health care fraud and wire fraud conspiracy, healthcare fraud, including two counts of health care fraud resulting in death, as well as wire fraud, false statements and aggravated identity theft, related to a scheme to defraud Medicare and Medicaid of more than $7.5 million. Judge Bredar ordered that Mr. Chikvashvili be immediately taken into custody. A detention hearing will be held on Thursday, February 18, 2016 at 2:00 p.m. to determine whether he will remain in custody pending his sentencing.
The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; and Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office.
“The evidence showed that Rafael Chikvashvili failed to provide medical services to patients who needed them, and billed for services that he did not provide,” said U.S. Attorney Rod J. Rosenstein. “The jury found that two patients died because their X-rays were not reviewed by a qualified radiologist. Health care fraud has consequences, in money wasted and lives lost.”
According to the evidence presented at the two-and-a-half week trial, Chikvashvili formed Alpha Diagnostics Services, Inc., which later became Alpha Diagnostics, LLC, in 1993, and was the Managing Member, Authorized Official, Managing Employee, President and Chief Executive Officer for Alpha Diagnostics. Chikvashvili holds a PhD in mathematics, but was never a medical doctor or licensed physician. Timothy Emeigh was the Vice President in charge of Operations at Alpha Diagnostics and was a licensed radiologic technologist.
Alpha Diagnostics was a portable diagnostic services provider, principally of X-rays, but also provided ultrasound tests, and cardiologic examinations. Alpha Diagnostics’ clients included nursing homes whose patients were covered by Medicare and Medicaid. Alpha Diagnostics operated in Maryland, Delaware, Pennsylvania, Virginia and the District of Columbia, but was headquartered in Owings Mills, Maryland, where Chikvashvili worked full time.
Based on the evidence, the jury found that from 1997 through October 2013, Chikvashvili conspired with others to defraud Medicare and Medicaid by: creating false radiology, ultrasound and cardiologic interpretation reports; by submitting insurance claims for medical examination interpretations that were never completed by licensed physicians; by falsely representing to Medicare and Medicaid, as well as to treating physicians, that the interpretations had, in fact, been completed by actual licensed physicians; by submitting insurance claims for radiology, ultrasound and cardiologic examinations (and their associated costs) that were never performed and/or were not ordered by the treating physician; and by submitting claims for transportation and other charges that Alpha Diagnostics was not entitled to receive.
According to witness testimony, Chikvashvili instructed his non-physician employees, including Emeigh, to interpret X-rays, ultrasounds and cardiologic examinations instead of licensed radiologists. For example, in June 2012, Emeigh traveled to Jamaica for a vacation. The evidence showed that Chikvashvili directed Emeigh, through text messages and telephone calls, to view medical images using his personal laptop in his hotel room and then draft false physician interpretation reports. Alpha Diagnostics personnel subsequently submitted false claims to Medicare for these images and fraudulent physician reports.
The evidence showed that Chikvashvili also caused employees to draft licensed physician’s examination reports. Chikvashvili, in turn, caused a copy of the handwritten signature of the actual physician to be affixed to the report, or forged the physician’s signature himself, creating the appearance that a licensed physician had performed the medical interpretation.
According to the testimony provided at trial, two patients died because their X-rays were not interpreted by a qualified radiologist. Instead, non-physician Alpha Diagnostics employees reviewed the images and failed to detect congestive heart failure. As a result of the incorrect reading the her chest X-ray, the first patient with congestive heart failure was not transferred to an acute care facility for treatment, as is standard medical practice, but remained in a rehabilitative nursing home. The patient died four days after unqualified Alpha Diagnostics personnel misinterpreted her chest X-ray. Witnesses testified that had the patient been transferred, her symptoms could have been addressed. The second patient was scheduled to undergo elective surgery and the chest X-ray was a pre-operation test to determine if the patient could safely have surgery. According to the evidence presented at trial, although the patient’s X-ray revealed mild congestive heart failure, the non-physician Alpha Diagnostics employee failed to detect it. A patient in congestive heart failure is at an increased risk of bleeding during and after surgery. As a result of the incorrect reading of the chest X-ray, the patient was cleared for elective surgery and experienced significant bleeding during and after the elective surgery, and the worsening of her congestive heart failure. Six days after unqualified Alpha Diagnostics personnel misinterpreted her chest X-ray, the patient died.
Subsequently, Alpha Diagnostics submitted claims to Medicare falsely representing that licensed radiologists had interpreted both patients’ chest X-rays. Medicare paid Alpha Diagnostics $8.87 for the first claim and $218.36 for the second claim.
Chikvashvili faces a maximum sentence of life in prison for each of the two counts of healthcare fraud resulting in death; 10 years in prison for each of nine counts of health care fraud; 20 years in prison for each of eight counts of wire fraud and for the conspiracy count; a maximum of five years in prison for each of 11 counts of false statements relating to health care matters; and a mandatory two years, consecutive to any other sentence imposed, for two counts of aggravated identity theft.
Timothy Emeigh, age 51, of York Springs, Pennsylvania previously pleaded guilty to health care fraud and is awaiting sentencing.
United States Attorney Rod J. Rosenstein praised the HHS-OIG and the FBI for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Leo J. Wise and P. Michael Cunningham, who are prosecuting the case.
Marion Prison Inmate Sentenced to an Additional 6 ½ Years for Seriously Assaulting Another Inmate with Two WeaponsRead the Press Release
William Fuller III, 40, an inmate at the United States Penitentiary at Marion, Illinois, was sentenced today in United States District Court in Benton to an additional term of 77 months in prison for possessing two weapons in that facility and using them to assault another inmate, announced James L. Porter, Acting United States Attorney for the Southern District of Illinois. The offenses were committed at USP-Marion on April 6, 2015. Fuller pled guilty to those charges on October 15th.
Evidence adduced in support of the guilty plea and sentence showed that Fuller attacked the victim from behind while the victim was sitting at a table wearing a pair of bulky headphones. As captured on the prison’s video surveillance system, Fuller pulled a sock filled with chunks of concrete out of his clothing and struck the victim on the left side of the head with it. The blow shattered the headphones the victim was wearing and resulted in a deep laceration to the side of his face that would have been much more serious but for the headphones absorbing the majority of the impact. Fuller then pulled a second weapon from his clothing, a metal combination lock tied to a lanyard, and chased the victim up a set of stairs while swinging both weapons over his head in a threatening manner until prison officials were able to intervene.
At the time of the assault, Fuller was serving a 262 federal sentence imposed in the Northern District of Illinois for various drug offenses. The 77 month sentence in this case was imposed consecutively to that sentence. In addition, Fuller was placed on 3 years of supervised release to follow his incarceration and was ordered to pay the United States $300 in special assessments. Fuller was immediately returned to the custody of the Federal Bureau of Prisons to resume serving his sentences.
The case was investigated by the Federal Bureau of Investigation with the assistance of the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney James M. Cutchin.
Man Indicted for Using Stolen Identities to Defraud Various Financial Institutions of More Than $1.6 MillionRead the Press Release
Memphis, TN – A man has been indicted for allegedly using the stolen identities of personal acquaintances, car dealers and over 145 Memphis Neurology patients to defraud various financial institutions of more than $1.6 million. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the indictment today.
According to the indictment, Jeremy Jones, 37, of Memphis, Tennessee, allegedly executed a scheme to steal the identities of personal acquaintances, car dealers and over 145 Memphis Neurology patients throughout 2011, 2012 and 2015. Jones reportedly used this identifying information to apply for loans and credit cards and open bank accounts in the individuals’ names without their knowledge. A co-conspirator, who was employed at Memphis Neurology, removed patient information from the company’s database and provided it to Jones upon his request. Jones agreed to compensate the co-conspirator for providing him with this information.
Jones allegedly sent and received applications, checks and other financial information to and from various lenders through mail carriers to other states. The potential loss to the financial institutions is $1,660,587.30.
On Tuesday, February 16, 2016, Jones was indicted on individual counts of conspiracy to commit identity theft, identity theft, mail fraud, and aggravated identity theft.
The maximum prison sentence for conspiracy is 5 years. The maximum sentence for identity theft is 5 years. The maximum sentence for mail fraud is 20 years. The maximum sentence for aggravated identity theft is a mandatory penalty of 2 years imprisonment consecutive to any other sentence imposed.
This case is being investigated by the U.S. Postal Inspection Service and U.S. Secret Service.
Assistant U.S. Attorney Damon K. Griffin is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Long Island Man Pleads Guilty to Capturing and Killing Federally Protected Hawks in StamfordRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Honora Gordon, Special Agent in Charge of the Northeast Region of the U.S. Fish and Wildlife Service, Office of Law Enforcement, announced that THOMAS KAPUSTA, 63, of Westbury, N.Y., pleaded guilty today in Hartford federal court to one count of conspiracy to take, capture and kill red-tailed hawks and Cooper’s hawks, and four counts of taking, capturing and killing red-tailed hawks or Cooper’s hawks.
According to court documents and statements made in court, red-tailed hawks and Cooper’s hawks are birds of prey, also known as raptors, and consume pigeons as part of their natural diet. These hawks are protected under the federal Migratory Bird Treaty Act.
In pleading guilty, KAPUSTA admitted that he and another individual were racing pigeon enthusiasts who constructed and maintained a pigeon coop at 330 Weed Avenue in Stamford. KAPUSTA and his associate kept a large number of racing pigeons at this coop, and regularly let them fly outside the coop for exercise. Because KAPUSTA and his associate viewed these hawks as a threat to their pigeons, they systematically captured the hawks in a trap specifically designed to capture birds of prey, shot and killed them in the trap, and disposed of their carcasses. KAPUSTA admitted that he and his associate killed red-tailed hawks on September 8 and October 14, 2015, and Cooper’s hawks on September 2 and October 21, 2015.
“Red-tailed and Cooper’s hawks are protected species under federal law,” said U.S. Attorney Daly. “With our law enforcement partners, the U.S. Attorney’s Office will continue to investigate and prosecute individuals who violate the law and harm such protected migratory birds.”
“We greatly appreciate our state and local partners in law enforcement, and the support of the U.S. Attorney's Office in prosecuting those who violate federal wildlife laws and holding them accountable for their actions,” said Special Agent in Charge Gordon. “The plea agreement today is a success in our collective efforts to conserve migratory birds and other wildlife.”
KAPUSTA is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny on May 13, 2016. He faces a maximum term of imprisonment of 30 months and a fine of up to $75,000.
This matter is being investigated by the U.S. Fish and Wildlife Service, Office of Law Enforcement and the Division of Refuge Law Enforcement, and the Environmental Conservation Police of the Connecticut Department of Energy and Environmental Protection, with the assistance of the Stamford Police Department. The case is being prosecuted by Assistant U.S. Attorney Hal Chen.
Laplace Man Sentenced for Conspiracy to Commit Wire Fraud in Aftermath of BP Oil SpillRead the Press Release
U.S. Attorney Kenneth A. Polite announced that HARDELL MACK, age 44, a resident of LaPlace, was sentenced today after previously pleading guilty to a conspiracy to defraud the Gulf Coast Claims Facility (“GCCF”) in the aftermath of the BP oil spill.
U.S. District Judge Sarah S. Vance sentenced MACK to 12 months and one day incarceration and ordered restitution in the amount of $65,300, to be paid jointly and severally with his co-defendant.
According to court documents, beginning in or about September 2010, MACK and his co-defendant recruited claimants, requested their personal information, and submitted or caused to be submitted fraudulent GCCF claim forms generated online and transmitted to the GCCF. The claim forms falsely stated that the claimants worked as non-owner captain/deckhands on a shrimp boat in Venice, Louisiana, and suffered economic loss. Based on the fraudulent documentation, the GCCF issued approximately $65,300 to undeserving individuals. MACK and his co-defendant shared in the claims proceeds.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (“NCDF”), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected], or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service and the U.S. Secret Service in investigating this matter. Assistant U. S. Attorney Julia K. Evans was in charge of this prosecution.
Kenner Man Pleads Guilty to Conspiracy to Sell Identification Documents and Selling Identification DocumentsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALEJANDRO D. RODRIGUEZ, age 36, of Kenner, pled guilty today to conspiracy to transfer identification documents and to transferring identification documents, in violation of 18 U.S.C. § 1028(f) and 42 U.S.C. § 408(a)(7)(C), respectively.
According to court documents, RODRIGUEZ, with the assistance of two other individuals, sold authentic social security cards and birth certificates to a confidential informant working with Special Agents of the Department of Homeland Security.
RODRIGUEZ faces a maximum term of imprisonment of fifteen years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Sarah S. Vance set sentencing for June 1, 2016.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Homeland Security Investigations, in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Kaufman County Man Sentenced to 20 Years in Federal Prison on Firearms ConvictionsRead the Press Release
DALLAS — A multi-convicted felon, Tracy Norman Hanson, 51, of Kaufman County, who was arrested after his involvement in a shootout with law enforcement officers in Van Zandt County, Texas, in January 2015, and who pleaded guilty in August 2015 to two counts of being a felon in possession of a firearm, was sentenced by U.S. District Judge Sam A. Lindsay to serve the statutory maximum sentence of 240 months in federal prison. U.S. Attorney John Parker of the Northern District of Texas made the announcement today.
According to documents filed in the case and statements made on the record at his sentencing hearing yesterday, on September 23, 2015, Hanson, a multi-convicted felon on parole for serious felonies, possessed a Ruger .44 magnum caliber revolver that was recovered by deputies with the Kaufman County Sheriff’s Office. This firearm, alleged in Count One of the indictment, was one of five firearms stolen from a residence in Kaufman County, Texas, and the burglar had sold that firearm to Hanson. State arrest warrants were then issued for Hanson.
On January 16, 2015, two law enforcement officers who were searching for Hanson spotted him hiding at a mobile home park in Kaufman County. As they waited for backup officers to arrive, Hanson departed the location as the front-seat passenger in a pickup truck. The officers attempted to stop the pickup, but a high-speed chase—with speeds exceeding 100 miles per hour—ensued along two-lane county roads and graveled lanes. During the course of the police chase, the pickup nearly collided with another vehicle, and it dangerously blazed past a school bus carrying 28 children.
The pickup truck eventually turned into Van Zandt County, where it experienced mechanical failure and came to a stop in a road-side ditch. The law enforcement officers had followed the pickup, but encountered gunfire from Hanson and the pickup’s driver—both armed with pistols—as they turned onto the road. Multiple shots were fired at the officers just as the school bus that they had blazed past crossed the intersection behind the officers. The officers, fearing for their lives, exited their vehicle with service weapons in hand and returned fire. The pickup’s driver was shot and killed in the gun battle, and the pickup’s backseat passenger was also shot. Hanson, for his part, experienced a weapon malfunction, tossed his pistol and surrendered. The officers arrested Hanson and recovered a stolen Bersa .380 caliber pistol that Hanson had fired at them. This firearm is alleged in Count Two of the indictment. Hanson is also facing charges in Van Zandt County for assault of a public servant with a dangerous weapon.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kaufman County Sheriff’s Office and the Texas Rangers investigated.
Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay prosecuted the case.
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Jamaican National Indicted for Passport FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Melton Minto of making a false statement in a passport application, falsely claiming United States citizenship, and aggravated identity theft.
According to U.S. Attorney Peter Smith, Minto, a 46 year old Jamaican national, presented a fraudulent driver’s license and birth certificate in applying for a U.S. Passport in Harrisburg in 2011.
The matter was investigated by the U.S. Department of State Diplomatic Security Service and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for these offenses under federal law is 45 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Investment Advisor Charged with Defrauding ClientsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned an indictment charging AARON J. JOHNSON, 35, formerly of Haddam, with defrauding clients of his investment business. The indictment was returned on February 4, 2016, and JOHNSON was arrested today.
As alleged in the indictment, JOHNSON was President and Chief Investment Officer of J. Capital Advisors, a Connecticut company, and a registered investment advisor with Trade PMR, a Florida company that provides brokerage and custody services for registered investment advisors. From approximately May 2010 until approximately May 2013, JOHNSON engaged in a scheme to defraud his clients by causing excessive and unearned fees to be deducted from his clients’ accounts at Trade PMR and deposited into JOHNSON’s Trade PMR sundry account.
The indictment further alleges that JOHNSON attempted to delay and prevent the discovery of the full scope of his scheme by repaying fees he took from one victim, claiming to the victim and to investigators with the State of Connecticut Department of Banking, Securities and Business Investments Division that the fees were taken out due to a “glitch in the system.” Also, during the Department of Banking’s investigation, JOHNSON was asked to provide proof that he had funds with which to repay his victims. JOHNSON then emailed a falsified account statement to investigators in which he purported to have more than $117,000 in his investment account when, in fact, he had a negative balance in the account.
The indictment also alleges that, in December 2012, JOHNSON took $150,000 from a second victim and promised to deposit the money into a trust account for the victim’s benefit. On approximately February 20, 2013, JOHNSON presented the victim with an application purportedly to open the trust account. By that time, however, JOHNSON had already spent all of the $150,000 he received from the victim. Instead of depositing the money into a trust account, JOHNSON had deposited it into a J. Capital Advisors bank account and subsequently spent much of the money for his own personal use, including on the purchase of a convertible Jaguar and a $10,000 transfer into his personal account at SunTrust Bank.
The indictment charges JOHNSON with three counts of mail fraud, one count of wire fraud and two counts of interstate transportation of stolen money. If convicted of mail fraud or wire fraud, JOHNSON faces a term of imprisonment of up to 20 years. If convicted of interstate transportation of stolen money, JOHNSON faces a term of imprisonment of 10 years on each count.
Following his arrest, JOHNSON appeared before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was ordered detained. A detention hearing is scheduled for February 19 at 3 p.m.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Postal Inspection Service and the State of Connecticut Department of Banking. The case is being prosecuted by Assistant U.S. Attorney Susan L. Wines.
The case has been assigned to U.S. District Judge Jeffrey Alker Meyer in New Haven.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALEX JAVIER HERNANDEZ-MEJIA, age 22, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to the Bill of Information, on or about November 9, 2015, HERNANDEZ-MEJIA was found in the United States after having been officially deported and removed on or about April 22, 2014.
HERNANDEZ-MEJIA faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Sarah S. Vance set sentencing for April 6, 2016.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Holyoke Gang Member Sentenced for Illegally Possessing A FirearmRead the Press Release
BOSTON – A member of the La Familia Gang, a national gang with a significant presence in Holyoke and Springfield, was sentenced yesterday in U.S. District Court in Springfield for possessing a firearm with an obliterated serial number while being a convicted felon.
Joshua Marrero, 28, of Holyoke, was sentenced by U.S. District Court Judge Timothy S. Hillman to 75 months in prison to be followed by three years of supervised release, a special assessment and forfeiture of the firearm and ammunition. In October 2015, Marrero pleaded guilty to the charges.
On April 19, 2014, Marrero possessed a Lorcin Model L 380 .380 caliber firearm with an obliterated serial number and seven rounds of .380 caliber ammunition. After being spotted with the firearm by law enforcement officers, Marrero ran into an alley in South Holyoke and was caught after he tripped. Marrero has an extensive violent criminal history, including a 2010 conviction of assault and battery on a police officer.
United States Attorney Carmen M. Ortiz; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Holyoke Police Chief James M. Neiswanger made the announcement today. The case was prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
Herrin Man Sentenced on Heroin OffensesRead the Press Release
On February 10, 2016, James N. Taylor, a/k/a "James Taylor, Jr.", "James Taylor, II," and "Oolie," 47, Herrin, Ill., was sentenced for heroin offenses, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Taylor, who had previously pled guilty to a two-count indictment charging conspiracy to distribute heroin and distribution of heroin, was sentenced to 63 months in federal prison, to be followed by 3 years’ supervised release, and fined $400.00. The offense occurred between 2014 and July 2015, in Williamson County. Evidence at the plea and sentencing hearings established that Taylor was involved with others in the distribution of heroin. On June 25, 2015, and June 26, 2015, Taylor sold heroin to a confidential source working for law enforcement. During a July 1, 2015, search of Taylor and his Herrin residence, agents located pre-packaged heroin and pre-recorded buy money. Upon his arrest, Taylor admitted that he was involved with others in the distribution of heroin. At sentencing, the district court found that Taylor was responsible for the distribution of approximately 248 grams of heroin and 10 grams of crack cocaine.
The investigation was conducted by the Southern Illinois Enforcement. The Williamson County State’s Attorney’s Office assisted in the investigation.
The case was assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Harrisburg Man Pleads Guilty to Illegal Possession of A FirearmRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man has pleaded guilty to being a felon in possession of a firearm. Shaun L. Graves, age 33, entered a guilty plea today to the charge before Senior U.S. District Court Judge William Caldwell in Harrisburg. The plea was conditional so that Graves can appeal Judge Caldwell’s December 2, 2015 denial of his motion to suppress the firearm to the U.S. Court of Appeals.
The Indictment stems from an October 16, 2014, incident in South Harrisburg in which Graves was arrested by Harrisburg police officers and was found to be in possession of a loaded Bersa .380 caliber semi-automatic pistol with an obliterated serial number.
The case was investigated by the Harrisburg Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.
This case is part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
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 the felon in possession charge is life imprisonment. The maximum term of imprisonment for the obliterated serial number charge is five years imprisonment.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Greene County Man Sentenced to Time-Served for Damaging Energy FacilityRead the Press Release
PITTSBURGH - A resident of Greene County, Pennsylvania, has been sentenced in federal court to time served (12 months) on his conviction of damaging of an energy facility, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on Heath A. Rankin, 34, of Carmichaels, Pa.
According to the information presented to the court, Rankin along with a previously prosecuted defendant, Brian Harbarger, damaged the Burchianti Pad, a pad of five natural gas wells operated by Chevron North America Exploitation and Production Company, a division of Chevron USA, Inc. Rankin and Harbarger cut and stole copper grounding wire from the production tanks and impoundment area resulting in the pad being shut in until all of the damage was repaired. Chevron’s cost to repair the damage was $18,624.67. The court ordered Rankin and Harbarger to pay restitution in that amount.
Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the Pennsylvania State Police for the successful investigation leading to the prosecution of Heath A. Rankin.
Grand Jury Returns 20-Count Indictment Charging Darron Wint in Murders of Four People During Home InvasionRead the Press Release
WASHINGTON – An indictment was returned today charging Darron Dellon Dennis Wint with a total of 20 felony charges, including first-degree murder while armed, burglary, kidnapping, extortion, arson, and theft, in the slayings last May of Savvas Savopoulos, his wife, Amy Savopoulos, their son, Philip Savopoulos, and a household employee, Veralicia Figueroa.
The indictment, returned by a grand jury in the Superior Court of the District of Columbia, was announced by U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Wint, 35, of Lanham, Md., also known as Daron Dylon Wint, was charged with crimes that took place May 13 and May 14, 2015, during a home invasion of the Savopoulos family residence in Northwest Washington. He is to be arraigned on the charges on Friday, Feb. 19, 2016, at a hearing before the Honorable José M. López.
According to the indictment, Wint entered the Savopoulos home, seized and kidnapped the four victims, stole $40,000 through means of extortion, murdered the victims, and set fire to the house. After responding to reports of the fire, authorities discovered the bodies of Savvas Savopoulos, 46, Amy Savopoulos, 47, Philip Savopoulos, 10, and Veralicia Figueroa, 57.
Wint was indicted on a total of 12 counts of first-degree murder while armed, all with aggravating circumstances. The charges include four counts of first-degree murder while armed (felony murder) in the course of a kidnapping; four counts of first-degree murder while armed (felony murder) in the course of a burglary, and four counts of first-degree premeditated murder while armed. In addition, the grand jury indicted Wint on four counts of kidnapping and one count each of first-degree burglary, extortion, arson, and first-degree theft.
In addition to the various substantive crimes specified in the indictment, the indictment charges Wint with specified “aggravating circumstances,” including one finding that the murders were especially heinous, atrocious or cruel. If these are found by a jury at trial, Wint could face a maximum of life imprisonment without the possibility of release on each of the 12 murder charges. Each of the murder charges carries a mandatory minimum prison term of 30 years.
Additionally, each of the kidnapping counts involving the three adult victims carries a maximum sentence of 30 years; the kidnapping count involving Philip Savopoulos carries up to 45 years. First-degree burglary also carries a 30-year maximum prison sentence, and arson, extortion, and first-degree theft have maximum prison terms of 10 years each.
Wint was arrested May 21, 2015 and has been in custody ever since. He initially was charged with one count of first-degree murder while armed in the death of Savvas Savopoulos.
The investigation into the murders is continuing.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Phillips and Chief Lanier praised the efforts of those who have investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of the many other agencies that have provided assistance, including the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the U.S. Secret Service, the District of Columbia Department of Fire and Emergency Medical Services, the Prince George’s County, Md., Department of Fire and Emergency Medical Services, and the District of Columbia Department of Forensic Sciences.
They commended the work of those who are handling the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker and Paralegal Specialists Kendra Johnson and Meridith McGarrity. Finally, they acknowledged the efforts of Assistant U.S. Attorneys Laura R. Bach and Emily A. Miller, who are investigating and prosecuting the case.