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Friday 5 February 2016
Wakpala Man Charged with Aggravated Sexual Abuse of a Minor and Abusive Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor and Abusive Sexual Contact with a Minor.
Charles Edward Gabe, age 19, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, up to life of supervised release, a mandatory special assessment of up to $10,000, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 4, 2016, Gabe knowingly engaged in, and attempted to engage in a sexual act, by the use of force, with a minor who had attained the age of 12 years, but had not attained the age of 16 years.
The charges are merely accusations and Gabe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Gabe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Virginia Man Sentenced to 87 Months for Attempted Coercion and EnticementRead the Press Release
A Stafford, Virginia, man was sentenced today to 87 months in prison for attempting to coerce an individual to engage in unlawful sexual activity.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Supervisory Special Agent in Charge Darrell K. Gilliard of the Naval Criminal Investigative Service (NCIS) Washington, D.C., Field Office made the announcement.
Ricardo Cordero Torres, 43, pleaded guilty on Oct. 28, 2015, and was sentenced by U.S. District Judge Claude M. Hilton of the Eastern District of Virginia. Torres will be required to register as a sex offender.
According to the plea agreement, in May 2015, Torres, a Defense Security Service employee, responded to a Craigslist ad posted by an undercover agent posing as a 13-year-old girl living on Marine Corps Base Quantico. In June 2015, he communicated with her through online chat and e-mail, discussed sex with her and sent her a sexually explicit picture of himself. On June 18, 2015, they planned to meet at a specific location on base, the defendant left his place of employment and was arrested shortly before arriving at the predetermined location.
NCIS investigated the case. Trial Attorney Lauren Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Special Assistant U.S. Attorney Angelissa Savino of the Eastern District of Virginia prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Violent Felon Sentenced to over 90 Months in PrisonRead the Press Release
BATON ROUGE, LA –United States Attorney Walt Green announced that NAIRIE CHANEY, age 58, of Baton Rouge, Louisiana, has been sentenced to a total of 91 months in federal prison as a result of possessing a firearm while a convicted felon.
The term of imprisonment stems from a traffic stop on June 30, 2014. That day, Baton Rouge Police stopped a vehicle in which CHANEY was a passenger and observed CHANEY throw a loaded .38 caliber pistol from the front passenger window of the vehicle. CHANEY had previously been convicted of multiple federal and state convictions which prohibited him from ever possessing any type of firearm.
At the time of his illegal possession of the firearm, CHANEY was on federal supervised release as a result of 2009 federal conviction. In December 2014, after having been found to have violated his terms of supervised release, CHANEY was sentenced to 18 months in federal prison for the violation.
Based on the same incident, CHANEY was also indicted and convicted of being a felon in possession of a firearm. As a result of that conviction, CHANEY was sentenced yesterday by U.S. District Court Judge Shelly D. Dick to serve another 73 months in federal prison. Following his release from prison, CHANEY will be required to serve a 3-year term of supervised release.
U.S. Attorney Walt Green stated: “Keeping violent felons from possessing firearms is one of my office’s highest priorities. These valuable prosecutions are a key component of a broader effort by federal, state, and local law enforcement to reduce deadly gun violence from our streets. This lengthy prison sentence will keep another violent offender out of our neighborhoods for many years, and hopefully reinforce the message that convicted felons who illegally acquire and possess guns will face stiff penalties.”
This matter was handled by the United States Attorney’s Office for the Middle District of Louisiana in conjunction with the Baton Rouge Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It was prosecuted by Assistant United States Attorney Jamie A. Flowers, Jr.
Vermilion County Man Indicted on Gun, Drug ChargesRead the Press Release
Urbana, Ill. – A grand jury has returned an indictment that charges Jesse Harper, 28, of Potomac, Ill., with possession of a firearm by a felon and possession of pseudoephedrine. The two-count indictment was returned yesterday. Harper will appear in federal court in Urbana for arraignment at a future date to be determined by the U.S. Clerk of the Court. Harper remains in law enforcement custody.
The indictment alleges that on Sept. 18, 2015, Harper unlawfully possessed a Colt .45 caliber handgun, after having previously been convicted of a felony offense, and pseudoephedrine while having reasonable cause to believe it would be used to manufacture methamphetamine.
If convicted, the statutory maximum penalty for being a felon in possession of a firearm is up to 10 years in prison, and a fine of up to $250,000. For the possession of pseudoephedrine offense, the maximum penalty is 20 years in prison and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Bryan D. Freres in cooperation with the Vermilion County State’s Attorney’s Office. The charges are the result of an investigation by the Vermilion County Metropolitan Enforcement Group (VMEG), the Federal Bureau of Investigation, the Vermilion County Sheriff’s Office, and the Danville Police Department.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
United States Attorney announces Scott County Indiana drug indictmentsRead the Press Release
Indianapolis – United States Attorney Josh Minkler announced today a collaborative effort between federal, state and local law enforcement in the fight to help reduce prescription and illegal drug abuse in Scott County. Ten individuals were indicted this week and arrested today on drug charges including conspiracy to distribute and distribution of a controlled substance.
“Scott County was targeted by an organization with the goal of infesting that community with drugs, including the prescription painkiller Opana,” said Minkler. “This became an epidemic and local law enforcement asked for our help. Today, I am pleased to announce that the organization has been dismantled but this is only a start; one aspect of a bigger solution.”
In June 2015, agents from the Drug Enforcement Administration (DEA) in Indianapolis began working with Scott County law enforcement officials to determine the source of the powerful prescription painkiller Opana (oxymorphone) and methamphetamine which were prevalent in Austin, Indiana, and other parts of Scott County. Investigators quickly determined that Bennito L. Rodriguez and his wife Brooklynn G. Mack both of Scottsburg, orchestrated the supply of Opana and methamphetamine for redistribution into the Scott County community.
Through various investigative techniques law enforcement officials determined that Rodriguez and Mack would obtain their supply of methamphetamine and Opana from sources in Louisville, Kentucky, Indianapolis and Detroit, Michigan. The two then organized a redistribution network using other members of the conspiracy to sell the drugs in Scott County. A total of ten individuals were indicted.
Bennito L Rodriguez, a/k/a Benny, 38, Scottsburg, IN.
Brooklynn G. Mack, 29, Scottsburg, IN.
Rashawn A. Vaughn, a/k/a Ray, 41, Louisville, KY.
Eric L. Gude, 36, Indianapolis
Rashaan S. Perkins, a/k/a Phil, a/k/a D, 21, Detroit, MI.
Anthony L. Hardy, 39, Indianapolis
James D. Haney, 56, Austin, IN.
Justin M. Roberts, a/k/a Booger, 38, Austin, IN.
Travis D. Brock, 34, Scottsburg, IN.
Michael A. Doyle, 38, Scottsburg, IN.
Recently, Scott County, Indiana, has experienced an outbreak of HIV cases, due in part to intravenous drug use. The abuse of heroin and Opana is dramatically on the rise and has caused a public health crisis. According to law enforcement sources, an Opana pill has a street value of up to $160 and can be dissolved and injected by up to four individuals to get high. One of the primary reasons for the increase in HIV is the abuse of these drugs by injection with shared needles. Typically Scott County would report less than ten cases of HIV annually but in the last 13 months has reported 188 cases. In April 2015, Scott County implemented a needle exchange as one means of slowing the spread of HIV.
Minkler further added, “A public health crisis will not be solved by simply arresting those who illegally sell drugs. It also requires a reduction in demand for illegal drugs. That can only be accomplished by all of us-federal, state and local authorities along with public and private partnerships working together for prevention and treatment.”
In addition to the criminal enforcement effort, federal authorities began looking at this case with a three-pronged approach which included enforcement, diversion control and community outreach. Arresting individuals is a first step, but follow-up is equally important. DEA also took steps to identify those who might be responsible for excessive writing or filling opiate-based prescription medications. Further, DEA provided community outreach to pharmacy employees by educating them on their pharmacy liability and what combinations of controlled substances may be used illegally on the street and raise suspicion to pharmacists.
"Scott County is one of the many great communities in our nation that is experiencing the pharmaceutical drug and methamphetamine epidemic that is turning Americans into drug addicts,” said DEA Associate Special Agent in Charge Karen I. Flowers. “DEA will always stand with our local and state partners to fight this epidemic. Today’s work is the beginning of a safer, stronger and healthier Scott County.”
Scott County Sheriff Dan McClain said, “I am grateful for the participation of our state and federal partners in this operation. This should be an indication to drug dealers throughout the county that our law enforcement agencies are working together to get drugs off our streets.”
"The DEA and the US Attorney have tools in their toolbox that are not available in state prosecutions, which make these types of outcomes difficult for us to pursue with local resources alone,” said Scott County Prosecutor, Jason Mount. “As one can see, these investigations can be long-term and intensive. We appreciate their joint efforts in this matter, and look forward to continuing to work together in both federal and state prosecutions."
“For those that are addicted, we want to point them to the services they need to end their addiction,” said Indiana State Police Superintendent Doug Carter. “But for those who are trafficking and profiting from those suffering the misery of addiction, we will work tirelessly with our local and federal partners to put them in prison for a long, long time.
This case was jointly investigated by Drug Enforcement Administration offices from Indianapolis, Louisville, Detroit & Atlanta, Scott and Clark County Prosecutor’s Office, Bureau of Alcohol Tobacco, Firearms and Explosives, Internal Revenue Service Criminal Investigation, U. S. Postal Inspection Service, United States Marshal’s Service, Indiana State Police, Hendricks County Sheriff’s Department and the Scott County Sheriff’s Office.
According to Drug and Violent Crime Chief Bradley Blackington, these defendants face ten years to Life imprisonment if convicted.
An indictment is merely a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
United States Attorney Announces Southern Indiana Drug IndictmentsRead the Press Release
Combined Federal, State and Local Effort Dismantles Prescription Drug and Methamphetamine Distribution Cell
U.S. Attorney Josh Minkler for the Southern District of Indiana announced today a collaborative effort between federal, state and local law enforcement in the fight to help reduce prescription and illegal drug abuse in Scott County, Indiana. Ten individuals were indicted this week and arrested today on drug charges including conspiracy to distribute and distribution of a controlled substance.
“Scott County was targeted by an organization with the goal of infesting that community with drugs, including the prescription painkiller Opana,” said U.S. Attorney Minkler. “It became an epidemic and local law enforcement asked for our help. Today, I am pleased to announce that the organization has been dismantled but this is only a start; one aspect of a bigger solution.”
In June 2015, agents from the Drug Enforcement Administration (DEA) in Indianapolis began working with Scott County law enforcement officials to determine the source of the powerful prescription painkiller Opana (oxymorphone) and methamphetamine which were prevalent in Austin, Indiana, and other parts of Scott County. Investigators quickly determined that Bennito L. Rodriguez and his wife Brooklynn G. Mack both of Scottsburg, Indiana, orchestrated the supply of Opana and methamphetamine for redistribution into the Scott County community.
Through various investigative techniques law enforcement officials determined that Rodriguez and Mack would obtain their supply of methamphetamine and Opana from sources in Louisville, Kentucky, Indianapolis, Indiana, and Detroit, Michigan. The two then organized a redistribution network using other members of the conspiracy to sell the drugs in Scott County.
A total of ten individuals were indicted.
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Bennito L Rodriguez aka Benny, 38, of Scottsburg.
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Brooklynn G. Mack, 29, of Scottsburg.
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Rashawn A. Vaughn aka Ray, 41, of Louisville.
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Eric L. Gude aka, 36, Bubba, of Indianapolis.
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Rashaan S. Perkins, aka Phil aka D, 21, of Detroit.
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Anthony L. Hardy, 39, of Indianapolis.
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James D. Haney, 56, of Austin.
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Justin M. Roberts aka Booger, 38, of Austin..
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Travis D. Brock, 34, of Scottsburg.
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Michael A. Doyle, 38, of Scottsburg.
Recently, Scott County has experienced an outbreak of HIV cases, due in part to intravenous drug use. The abuse of heroin and Opana is dramatically on the rise and has caused a public health crisis. According to law enforcement sources, an Opana pill has a street value of up to $160 and can be dissolved and injected by up to four individuals to get high. One of the primary reasons for the increase in HIV is the abuse of these drugs by injection with shared needles. Typically Scott County would report less than ten cases of HIV annually but in the last 13 months has reported 188 cases. In April 2015, Scott County implemented a needle exchange as one means of slowing the spread of HIV.
“A public health crisis will not be solved by simply arresting those who illegally sell drugs. It also requires a reduction in demand for illegal drugs,” said U.S. Attorney Minkler. “That can only be accomplished by all of us-federal, state and local authorities along with public and private partnerships working together for prevention and treatment.”
In addition to the criminal enforcement effort, federal authorities began looking at this case with a three-pronged approach. The foundation of DEA’s 360 strategy includes enforcement, diversion control and community outreach. Arresting individuals is a first step, but follow-up is equally important. DEA also took steps to identify those who might be responsible for excessive writing or filling opiate-based prescription medications. Further, DEA provided community outreach to pharmacy employees by educating them on their pharmacy liability and what combinations of controlled substances may be used illegally on the street and raise suspicion to pharmacists.
“Scott County is one of the many great communities in our nation that is experiencing the pharmaceutical drug and methamphetamine epidemic that is turning Americans into drug addicts,” said Associate Special Agent in Charge Karen I. Flowers for the DEA. “DEA will always stand with our local and state partners to fight this epidemic. Today’s work is the beginning of a safer, stronger and healthier Scott County.”
“I am grateful for the participation of our state and federal partners in this operation,” said Sheriff Dan McClain for the Scott County Sheriff’s Office “This should be an indication to drug dealers throughout the county that our law enforcement agencies are working together to get drugs off our streets.”
“The DEA and the US Attorney have tools in their toolbox that are not available in state prosecutions, which make these types of outcomes difficult for us to pursue with local resources alone,” said Prosecutor Jason Mount for Scott County Prosecutor’s Office. “As one can see, these investigations can be long-term and intensive. We appreciate their joint efforts in this matter and look forward to continuing to work together in both federal and state prosecutions.”
“For those that are addicted, we want to point them to the services they need to end their addiction,” said Superintendent Doug Carter for the Indiana State Police. “But for those who are trafficking and profiting from those suffering the misery of addiction, we will work tirelessly with our local and federal partners to put them in prison for a long, long time.
This case was jointly investigated by DEA offices from Indianapolis, Louisville, Detroit and Atlanta, Scott and Clark County Prosecutor’s Office, Bureau of Alcohol Tobacco, Firearms and Explosives, Internal Revenue Service Criminal Investigation, U. S. Postal Inspection Service, United States Marshal’s Service, Indiana State Police, Hendricks County Sheriff’s Department and the Scott County Sheriff’s Office.
According to Drug and Violent Crime Chief Bradley Blackington, these defendants face ten years to Life imprisonment if convicted.
An indictment is merely a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
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USP Hazelton inmate sentenced for assaulting fellow prisonerRead the Press Release
CLARKSBURG, WEST VIRGINIA – Deonte Spicer, 29, an inmate at the United States Penitentiary Hazelton, was sentenced today to an additional 70 months in prison for assaulting a fellow prisoner, United States Attorney William J. Ihlenfeld, II, announced.
Following a two day trial in October 2015, a jury found Spicer guilty of one count of “Assault with a Dangerous Weapon with Intent to do Bodily Harm.” Evidence presented at trial indicated that Spicer stabbed a fellow inmate multiple times with a hand crafted weapon during a physical altercation in February 2015.
Assistant U.S. Attorney Andrew Cogar prosecuted the case on behalf of the government. The Federal Bureau of Prisons and the Special Investigative Services Unit at USP Hazelton investigated.
U.S. District Judge Irene M. Keeley presided.
Two Williamson County Residents Charged with Methamphetamine OffenseRead the Press Release
Two Williamson County residents were indicted on February 2, 2016, for a methamphetamine offense, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Blake R. Gordon, 34, and Shara L. Peyton, a/k/a "Shara Smothers," 39, both of Marion, are charged in a one-count indictment charging conspiracy to distribute more than 50 grams of methamphetamine. The indictment alleges that the offense occurred between August 2015 and December 15, 2015, in Williamson County. Peyton made her initial appearance in federal court on February 4, 2016. She was ordered held without bond pending a February 5, 2016, detention hearing. Gordon is being held without bond on a prior revocation matter.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The methamphetamine offense carries a of 5 to 40 years’ imprisonment, to be followed by 4 years’ supervised release, and a $5,000,000 fine.
The ongoing investigation is being conducted by the Southern Illinois Enforcement Group, Illinois State Police/Southern Illinois Drug Task Force, and Drug Enforcement Administration. The Herrin Police Department also assisted in the investigation.
The case is assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Two Syracuse Men Charged in Gun Store TheftsRead the Press Release
SYRACUSE, NEW YORK – Andrew Grady, 21, and Leron Ross, 24, both of Syracuse, New York, were charged today in federal court in a criminal complaint alleging they were members of conspiracy to steal firearms from Intimidator Sports in Nedrow, New York, a licensed federal firearms dealer. The complaint also alleges that both defendants aided and abetted in the commission of a break-in and the theft of firearms at this location on November 20, 2014, announced United States Attorney Richard S. Hartunian.
Andrew Grady was arrested yesterday by Special Agents of the United States Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF") and Detectives of the Onondaga County Sheriff’s Office, and made his appearance today in Syracuse, New York, before United States Magistrate Judge David E. Peebles. Grady is detained pending a hearing scheduled for February 10, 2016.
Leron Ross is currently incarcerated in the custody of the New York State Department of Correctional Services and will make his appearance in the future when scheduled by the court. The complaint alleges that the burglary resulted in the theft of nine (9) handguns when the glass doors of the store were smashed during a burglary in the early morning hours of November 20, 2014.
The Theft of Firearms From a Licensed Dealer charge carries a maximum sentence of 10 years in prison, a fine of up to $250,000.00 and a term of supervised release of up to 3 years. The Conspiracy to Commit the Firearms Thefts carries a maximum sentence of up to five years (5) in prison. Sentences are imposed by a judge based upon the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendants are presumed innocent until proven guilty.
This case is being investigated by The United States Bureau of Alcohol, Tobacco, Firearms & Explosives and the Onondaga County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorneys Emmet O’Hanlon and Richard Southwick.
Two Louisiana Residents Indicted for Involvement in Stolen Identity Tax Fraud SchemeRead the Press Release
A federal grand jury sitting in New Orleans returned an indictment on Jan. 29 against two Tangipahoa Parish, Louisiana residents, charging them with federal crimes related to filing false income tax returns using stolen identities, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana announced today. The indictment was unsealed today after the last defendant was arrested.
Alicia Washington aka Alicia Keith, 40, and Jackie Chaney aka Jackie Scott, 47, were charged with one count of a multi-prong conspiracy to defraud the United States and to commit theft of public money, wire fraud and aggravated identity theft; five counts of wire fraud and 11 counts of aggravated identity theft. Washington was arrested Thursday and Chaney was arrested today.
As alleged in the indictment, Washington and Chaney conspired together and with others to prepare false tax returns using stolen identities. Washington is alleged to have obtained several Electronic Filing Identification Numbers and used them to electronically file false tax returns with the Internal Revenue Service (IRS) that requested tax refunds. Washington, Chaney and others received the fraudulently obtained tax refunds in the form of U.S. Treasury checks or on prepaid debit cards in the names of other individuals. It is further alleged that Washington and Chaney conspired with others to convert the U.S. Treasury checks into cash.
If convicted, Washington and Chaney face a statutory maximum sentence of five years in prison for the conspiracy charge, 20 years in prison for each count of wire fraud and a mandatory two years in prison for each count of identity theft, which will be imposed in addition to any other term of imprisonment they receive. They also face substantial monetary penalties, supervised release, and restitution.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Polite commended special agents of IRS Criminal Investigation, who investigated the case and Assistant U.S. Attorney Hayden Brockett of the Eastern District of Louisiana and Trial Attorney Lauren Castaldi of the Tax Division, who are prosecuting this case.
An indictment merely alleges that crimes have been committed and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Two Louisiana Residents Indicted for Involvement in Stolen Identity Tax Fraud SchemeRead the Press Release
WASHINGTON – A federal grand jury sitting in New Orleans returned an indictment on Jan. 29 against two Tangipahoa Parish, Louisiana residents, charging them with federal crimes related to filing false income tax returns using stolen identities, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana announced today. The indictment was unsealed today after the last defendant was arrested.
Alicia Washington aka Alicia Keith, 40, and Jackie Chaney aka Jackie Scott, 47, were charged with one count of a multi-prong conspiracy to defraud the United States and to commit theft of public money, wire fraud and aggravated identity theft; five counts of wire fraud and 11 counts of aggravated identity theft. Washington was arrested Thursday and Chaney was arrested today.
As alleged in the indictment, Washington and Chaney conspired together and with others to prepare false tax returns using stolen identities. Washington is alleged to have obtained several Electronic Filing Identification Numbers and used them to electronically file false tax returns with the Internal Revenue Service (IRS) that requested tax refunds. Washington, Chaney and others received the fraudulently obtained tax refunds in the form of U.S. Treasury checks or on prepaid debit cards in the names of other individuals. It is further alleged that Washington and Chaney conspired with others to convert the U.S. Treasury checks into cash.
If convicted, Washington and Chaney face a statutory maximum sentence of five years in prison for the conspiracy charge, 20 years in prison for each count of wire fraud and a mandatory two years in prison for each count of identity theft, which will be imposed in addition to any other term of imprisonment they receive. They also face substantial monetary penalties, supervised release, and restitution.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Polite commended special agents of IRS Criminal Investigation, who investigated the case and Assistant U.S. Attorney Hayden Brockett of the Eastern District of Louisiana and Trial Attorney Lauren Castaldi of the Tax Division, who are prosecuting this case.
An indictment merely alleges that crimes have been committed and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Two Georgia Residents Indicted in Interstate Armed Jewelry Theft CaseRead the Press Release
Abigail Lee Kemp, 24, of Smyrna, Georgia, and Lewis Jones III, 35, of Atlanta, Georgia, were arraigned today in federal court after a grand jury returned an indictment charging them with conspiracy, obstructing commerce by robbery and brandishing a firearm during a crime of violence. The indictment was announced by Acting U.S. Attorney Christopher P. Canova for the Northern District of Florida.
The indictment alleges that, between April 2015 and January 2016, Kemp and Jones conspired to commit armed robberies at a series of jewelry stores, including Jared Vault, Zales Outlet and Reeds Jewelers. It further alleges that Kemp and Jones brandished and used a firearm during the robbery of Reeds Jewelers. The trial is scheduled for March 21, 2016, at the U.S. Courthouse in Panama City, Florida.
The potential penalties for both the conspiracy and obstructing commerce by robbery counts are a maximum of 20 years in prison. For brandishing a firearm during a crime of violence, the punishment is a minimum of seven years and a maximum of life in prison, to run consecutive to any penalty on the other counts.
Kemp and Jones were first charged by criminal complaint last month. They were arrested together in the Smyrna area on Jan. 8, 2016, on charges related to the armed robberies of six jewelry stores in Panama City Beach, Florida; Woodstock, Georgia; Dawsonville, Georgia; Bluffton, South Carolina; Mebane, North Carolina; and Sevierville, Tennessee. The charging documents reflect that, in each robbery, the robber brandished a firearm and ordered the employees to the back of the store where they were forced to lie face down on the ground with their hands zip tied behind their backs. Hundreds of thousands of dollars-worth of jewelry was then removed from the jewelry display cases.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
This case resulted from an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn D. Risinger is prosecuting the case.
The U.S. Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights and to protect the public funds and financial assets of the United States. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Two Clarksburg, WV residents sentenced for heroin traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Two Harrison County, West Virginia residents were sentenced in federal court today for heroin trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Alisha R. O’Dell, 24, of Clarksburg, sold heroin in Harrison County, West Virginia. She pled guilty in September 2015 to one count of “Aiding and Abetting Distribution of Heroin.” She was sentenced today to 15 months in prison.
Shawn Bryant, 33, of Clarksburg, was discovered in possession of heroin in Harrison County, West Virginia. He pled guilty in October 2015 to one count of “Possession with Intent to Distribute Heroin.” He was sentenced today to twelve months and one day in prison.
Assistant U.S. Attorney Sarah Montoro and former Assistant U.S. Attorney Shawn Morgan prosecuted Bryant and Assistant U.S. Attorneys Shawn Adkins and Stephen Warner prosecuted O’Dell on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated both defendants.
U.S. District Judge Irene M. Keeley presided.
Timeshare Telemarketing Fraudsters SentencedRead the Press Release
DALLAS — Three defendants convicted for their roles in a resort timeshare telemarketing scheme that victimized at least 5000 individuals, many of whom were over age 55, were sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.
Fabien C. Fleifel, 45, who was convicted at trial last summer on one count of conspiracy to commit mail fraud, wire fraud, and bank fraud; 19 counts of mail fraud telemarketing; and six counts of wire fraud telemarketing, was sentenced this morning by U.S. District Judge Sidney A. Fitzwater to 168 months in federal prison and ordered to pay more than $1.3 million in restitution jointly and severally with co-defendants. He must surrender to the Bureau of Prisons on March 15, 2016.
Co-defendant Bradley James Gomez, 36, of Longwood, Florida, who pleaded guilty to one count of conspiracy to commit mail fraud, wire fraud, and bank fraud, was sentenced to 30 months in federal prison and ordered to pay more than $1.3 million in restitution. Another co-defendant, Amanda Nadine Rizkallah, 32, of Oviedo, Florida, who pleaded guilty to the same offense, was sentenced to a five-year term of probation which included a 180 day period of home confinement. Rizkallah also was ordered to pay restitution jointly and severally with co-defendants.
Fleifel conspired with others to make unsolicited interstate telephone calls to owners of resort timeshare properties to induce them into paying fees associated with the bogus sale of their property. Fleifel and others opened bank accounts and entered into merchant account agreements to process and collect funds raised in the scheme, and they set up phony mailing addresses to collect funds mailed in by timeshare owners.
Fleifel hired and trained telemarketers to work in boiler rooms he set up. These telemarketers were instructed to call timeshare owners using scripted sales pitches that falsely represented, for example, that a bona fide buyer was interested in buying their property, that the buyer had paid money into an escrow account, and that the buyer was ready to close on the property. The telemarketers falsely advised timeshare owners that they would receive all the funds from the sale within days, they must pay a one-time fee to cover the title search and other closing costs, and they would be refunded all fees paid if the sale did not close within 90 days.
After the conspirators obtained money from the timeshare owners, they made additional false and fraudulent statements to lull them and to keep them from investigating the transactions, complaining to law enforcement, or requesting charge backs to their credit cards.
Toward the end of the conspiracy, Fleifel set up and operated a boiler room called Consumer Rights Advocates. Fleifel’s telemarketers contacted timeshare owners who previously were defrauded during the conspiracy or were defrauded by other boiler rooms operating a similar fraud. Fleifel’s telemarketers fraudulently represented that, for a fee, they could recover the timeshare owners’ lost funds.
Ten defendants were charged in the case; all were convicted, and five have now been sentenced.
The case was investigated by the U.S. Postal Inspection Service and the Orlando Police Department. Assistant U.S. Attorneys C.S. Heath and Joseph M. Revesz are prosecuting.
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Timber Lake Man and Woman Charged with Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, man and woman have been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon and Aiding and Abetting Assault with a Dangerous Weapon.
Dustin Buffalo, age 33, and Melanie Buffalo, age 35, were indicted on January 21, 2016. Melanie Buffalo appeared before U.S. Magistrate Judge Mark A. Moreno on February 3, 2016, and Dustin Buffalo appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2016. Both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 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 Indictment alleges that on or about November 5, 2015, at Timber Lake, Dustin and Melanie Buffalo unlawfully assaulted two victims with a metal cross and shod feet.
The charges are merely an accusation and both defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Tribe Law Enforcement Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Dustin and Melanie Buffalo were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Individuals Indicted in January Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the January 26, 2016 Federal Grand Jury.
"The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-paroleable.”
KALVIN KYLE McCOWN, age 42, of Longview, Texas
a/k/a "RAINMAN"BRIAN THOMAS GREEN, age 43, of Mount Pleasant, Texas
a/k/a "COUNTRY"TRAVIS LEE HILL, age 26, of Ore City, Texas
Kidnapping In Aid Of Racketeering
Murder In Aid Of Racketeering
KidnappingThe Indictment alleges that on or about July 13, 2011, in the Eastern District of Oklahoma and elsewhere, the defendant and others, aiding and abetting each other, did unlawfully and willfully kidnap and murder Kenneth Earl Ayers, for the purpose of maintaining and increasing position in the Aryan Brotherhood of Texas (ABT), an enterprise engaged in racketeering activity.
The charges are in violation of Title 18, United States Code, Sections 1959(a)(1) and 2, punishable by any term of years up to Life imprisonment, a fine of up to $250,000.00 or both; Title 18, United States Code, Sections 1959(a)(1) and 2, punishable by Death or Life imprisonment, a fine of up to $250,000.00 or both and Title 18, United States Code, Sections 1201(a)(1) and 2, punishable by any term of years up to Life imprisonment, a fine of up to $250,000.00 or both.
The charges arose from a joint investigation by the Longview Texas Police Department, the Oklahoma State Bureau of Investigation and the Department of Homeland Security Investigations, United States Immigration and Customs Enforcement.
TRAVIS LEE HILL was arraigned in federal court today and entered a plea of not guilty on each charge. The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant was remanded into the custody of the United States Marshals Service pending a jury trial scheduled for April 5, 2016.
Assistant United States Attorney Rob Wallace represented the United States.
Three Charged with Attempting to Provide or Possess Contraband in PrisonRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against David Victor, 23, of Merrillville, Indiana; Ellisa Salazar , 22, of Griffith and Julian Rebeles, 24, of Hammond, for attempting to provide or possess contraband in prison.
Rebeles who is currently under Federal Indictment for his involvement in the Latin King RICO conspiracy and narcotics conspiracy case charged, United States v. Anton James et al, is alleged to be discussing “silencing” witnesses and cooperating defendants in the case.
During the course of this investigation, approximately 14 jail phone calls were monitored between Rebeles and his girlfriend, Ellisa Salazar. It is alleged that Rebeles instructed Salazar to purchase a cellular telephone and pay an individual $1000.00 to give it to Rebeles, while he was still incarcerated. On February 2, 2016, investigators observed Salazar meet an individual in a Merrillville parking lot. After a transaction, investigators followed the vehicle Salazar met to the Lake County Jail and initiated a traffic stop which identified Lake County Correctional Officer David Victor. There was money in an envelope with the name “Ellisa” found under the driver’s seat and a cellular telephone found inside Victor’s lunchbox on the passenger seat.
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is the result of the investigative efforts of; the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Hammond Police Department, the Lake County Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents. The case is being prosecuted by Assistant U.S. Attorneys David J. Nozick.
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Ten People Plead Guilty in $11.1 Million Tax Refund and Food Stamp Fraud ConspiracyRead the Press Release
TALLAHASSEE, FLORIDA – Ten defendants pled guilty this week to conspiracy, theft of government funds, and aggravated identity theft. The pleas were announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
The defendants are:
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Ja’baree Vazquez Allen, 26, Tallahassee, Florida;
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Ronald Edward Brown, 28, Quincy, Florida;
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Anre’ Juardon Davis, 34, St. Petersburg, Florida;
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Addrain Montez McMillan, 29, Overland Park, Kansas;
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Rashard LaVonta McMillian, 27, Quincy, Florida;
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Jasmine Junae Robinson, 26, Tallahassee, Florida;
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Daria Patrice Simmons, 34, Tampa, Florida;
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Jazzman Shabazz Simmons, 27, Tallahassee, Florida;
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John Walter Simmons, 35, Tampa, Florida; and
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Mercedes Shevon Sutton, 25, Tampa, Florida.
During their guilty pleas, the defendants admitted that they conspired to file fraudulent income tax returns using stolen personal identifying information (PII) from approximately 2,800 individuals. The PII sources included an insurance provider and an online database. The stolen PII was used to file 1,466 fraudulent income tax returns, claiming refunds of approximately $11.1 million and resulting in $2,695,253 being issued by the IRS. During their pleas, Sutton, John Simmons, and Jazzman Simmons also acknowledged their involvement in a scheme to file fraudulent Supplemental Nutrition Assistance Program (SNAP) applications. Between August 2013 and January 2014, stolen PII was used to electronically submit 165 fraudulent food stamp applications, seeking $176,704 in benefits.
The sentencing hearings are scheduled as follows at the United States Courthouse in Tallahassee:
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May 31, 2016: Davis (9:00 a.m.) and Robinson (10:30 a.m.)
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June 1, 2016: Sutton (9:00 a.m.) and Addrain McMillan (10:30 a.m.)
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June 2, 2016: Brown (9:00 a.m.), Daria Simmons (10:30 a.m.), and Allen (2:00 p.m.)
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June 3, 2016: Rashard McMillian (9:00 a.m.), Jazzman Simmons (10:30 a.m.), and John Simmons (2:00 p.m.)
The defendants face a maximum of 20 years in prison for conspiracy to commit wire fraud and 10 years in prison for theft of government funds. Allen, Brown, Davis, Addrain McMillan, Rashard McMillian, Robinson, Daria Simmons, Jazzman Simmons, and John Simmons also face a mandatory term of two years in prison for aggravated identify theft. Additionally, John Simmons faces a maximum of 10 years in prison for possessing a firearm as a convicted felon.
This case resulted from an investigation by the Internal Revenue Service – Criminal Investigation, Tallahassee Police Department, and the Leon County Sheriff’s Office. Assistant United States Attorney Jason R. Coody is prosecuting the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]-
Tampa Man Sentenced to Five Years in Federal Prison for Selling Crack CocaineRead the Press Release
Tampa, Florida – Senior U.S. District Judge Richard A. Lazzara has sentenced Nathaniel Atkins (27, Tampa) to five years in federal prison for possessing with the intent to distribute crack cocaine. He pleaded guilty on November 20, 2015.
According to court documents, between January and May 2015, Atkins sold crack cocaine to a confidential informant (CI) on four occasions. He also sold a firearm to the CI on one occasion. Atkins was arrested on July 29, 2015, at the Tampa International Airport.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Rachel Jones.
Sumter Man Sentenced on Tax Evasion ChargeRead the Press Release
Contact Person: John Potterfield (803) 929-3000
Columbia, South Carolina---- United States Attorney Bill Nettles stated that Neal Dennis, of Sumter, South Carolina, was sentenced to 6 months imprisonment in federal court. In September 2015, Dennis pled guilty to an attempt to evade tax, in violation of Title 26, United States Code, Section 7201. After Dennis completes the term of imprisonment, he will be on federal supervised release for 3 years with home detention for 6 months. Dennis was also ordered to pay $195,962.00 in restitution to the IRS. United States District Court Judge Cameron McGowan Currie, of Columbia imposed the sentence. According to a motion filed by his attorney, Dennis lives in Sumter, South Carolina and operates a heating and air business.
The case was investigated by the IRS. Assistant United States Attorney John C. Potterfield of the Columbia United States Attorney’s Office prosecuted the case.
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Stockton Loan Officer Pleads Guilty to Mortgage Fraud OffenseRead the Press Release
SACRAMENTO, Calif. —Jeffrey T. Crothers, 50, of Stockton, pleaded guilty today to conspiracy to commit bank fraud, United States Attorney Benjamin B. Wagner announced.
According to court documents, Crothers, while working for National City Mortgage in Stockton, conspired with at least one other person to defraud National City Bank, which funded the mortgages. In 2006, Crothers submitted a loan application that falsely represented that the loan applicant was the actual borrower, that the loan applicant’s monthly income was higher than it actually was, and that the property being purchased was to be the loan applicant’s primary residence when it was not. The loan applicant was selected because of his good credit, but was unable to make the monthly payments for the loan.
Crothers also submitted a letter that contained a false explanation as to why the loan applicant was purchasing the property. The false letter was used to satisfy a condition for the issuance of the loan. National City Bank sustained a loss of approximately $87,000.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys John K. Vincent and Christiaan H. Highsmith are prosecuting the case.
Crothers is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on May 20, 2016. Crothers faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Stafford Man Sentenced to 87 Months for Attempted Coercion and EnticementRead the Press Release
ALEXANDRIA, Va. – Ricardo Cordero Torres, 43, of Stafford, was sentenced today to 87 months in prison for attempting to coerce an individual to engage in unlawful sexual activity. Torres was also sentenced to five years of supervised release and ordered to register as a sex offender.
Torres pleaded guilty on Oct. 28, 2015. According to court documents, Torres responded to a Craigslist ad purportedly posted by a 13-year-old girl living on Marine Corps Base Quantico. He began communicating with her through online chat and e-mail. He discussed sex with her and sent her a pornographic picture of himself. They planned to meet at a specific location on base. The defendant left his place of employment and was arrested shortly before arriving at the predetermined location on June 18, 2015.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Darrell K. Gilliard, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington, D.C. Field Office, made the announcement after sentencing by U.S. District Judge Claude M. Hilton. Special Assistant U.S. Attorneys Lauren Britsch and Angelissa Savino prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-260.
St. Thomas Man Pleads Guilty to Possession with Intent to Distribute MarijuanaRead the Press Release
St. Thomas, USVI – On Friday, February 5, 2016, Edridge Clyne, 45, pleaded guilty in federal court to possession with intent to distribute marijuana, United States Attorney Ronald W. Sharpe announced.
According to the plea agreement filed with the court, on February 25, 2015, Clyne went to Tropical Shipping to pick up a hot water heater and freezer. During a routine inspection, a U.S. Customs and Border Protection (CBP) canine alerted to the presence of narcotics. CBP officers discovered a total of 24 kilograms of marijuana hidden inside the appliances.
Clyne faces a maximum sentence of five years in prison and a $250,000 fine. A sentencing date has been set for May 31, 2016.
This case is the result of investigative work by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Sigrid M. Tejo-Sprotte.
Seven Individuals from Pine Ridge Charged with Murder and False StatementRead the Press Release
United States Attorney Randolph J. Seiler announced that a federal grand jury has indicted six Pine Ridge, South Dakota, men (Steven Steele, Terry Goings III, Jerome Warrior, Calmer Cottier, Albert Cottier, and William Bluebird) for Second Degree Murder and Conspiracy to Commit an Assault; Calmer Cottier was also indicted for Solicitation to Commit a Crime of Violence; and a Pine Ridge, South Dakota woman (Josann Winters) was indicted for False Statement or Representation.
Steven Steele, age 23; Terry Goings III, age 22; Jerome Warrior, age 19; Calmer Cottier, age 24; Albert Cottier, age 23; William Bluebird, age 22; and Josann Winters, age 27, were indicted on January 26, 2016. All defendants have appeared before U.S. Magistrate Judge Daneta Wollmann, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Steele, Goings, Warrior, C. Cottier, A. Cottier, and Bluebird is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. The maximum penalty upon conviction for Winters is up to up to 5 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 12, 2015, the defendants killed Ferris Brings Plenty with a machete, stick, bat, and cinder block.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Bureau of Indian Affairs Office of Justice Services, and Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Winters was released on bond pending trial. Steele, Goings, Warrior, C. Cottier, A. Cottier, and Bluebird remain in custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Seven Arrested for Multi-State Drug Trafficking and Money Laundering RingRead the Press Release
COEUR D’ALENE - Seven people were arrested yesterday for conspiracy to distribute controlled substances, distribution of controlled substances, and conspiracy to engage in money laundering, U.S. Attorney Wendy J. Olson announced. The multi-state drug trafficking ring included Loren Toelle, 51, Steven Wayne Jackson, 30, Sean Lee Jackson, 27, Robert Lamar Hill, 54, Kristin Rene Wilson, 28, all of Las Vegas, Nevada. Also arrested for their involvement in the money laundering conspiracy were Sherlann Simon, 34, of North Las Vegas, Nevada, and Stanley Toelle, 61, of Coeur d’Alene, Idaho. The defendants were indicated by a federal grand jury on January 20, 2016, in Coeur d’Alene. An eighth defendant, Jessica Nadine Frederick, 27, of Liberty Lake, Washington, remains a fugitive.
The indictment alleges that the organization has generated at least $1.3 million in drug proceeds since 2009. In addition to a cash proceeds, the indictment also seeks to forfeit numerous pieces of real property, vehicles, and bank accounts that were used to facilitate the organizations drug trafficking or were obtained with the organization’s drug proceeds. Loren Toelle, Steven Jackson, Sean Jackson, Robert Hill, and Jessica Frederick were also indicted on separate drug distribution charges relating to controlled purchases of heroin and/or oxycodone that law enforcement made from the individuals throughout the investigation.
On February 4, 2016, in a coordinated effort by state, local and federal law enforcement 18 search warrants were executed in Idaho, Nevada, and North Dakota.
The charge of conspiracy to distribute heroin, oxycodone, and methamphetamine carries a mandatory minimum charge of at least 10 years and not more than life; a $10,000,000 fine and at least five years of supervised release. Each charge of distribution of oxycodone and heroin is punishable by up to twenty years in prison, a maximum fine of $1 million, and at least three years of supervised release. The charge of conspiracy to commit money laundering is punishable by up to twenty years in prison, a maximum fine of $250,000, and up to three years of supervised release.
“Prescription drug abuse, and the addiction to opiates and heroin, is a growing national problem and a growing Idaho problem,” said Olson. “The U.S. Attorney’s Office and its federal, state, and local law enforcement partners are prepared to vigorously investigate and prosecute those who distribute these dangerous drugs in our community.”
The charges are the result of a long-term investigation by the FBI North Idaho Violent Crime Task Force into the family organization that is responsible for distributing heroin, oxycodone, and methamphetamine in Coeur d’Alene, Idaho, Spokane, Washington, Las Vegas, Nevada, Missoula, Montana, and various areas of North Dakota, including Williston, Fargo, and the area in and around the Fort Berthold Indian Reservation.
The arrests and indictment are the result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force (OCDETF), including the FBI North Idaho Violent Crime Task Force, the Coeur d’Alene Police Department, the Kootenai County Sheriff’s Office, Post Falls Police Department, Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation (IRS-CI), U.S. Marshal Service and Department of Homeland Security. Other agencies involved include the Williston, North Dakota Police Department, Divide County Sheriff’s Office K9s, the United States Attorney’s Offices in Las Vegas, Nevada and North Dakota, the FBI in North Dakota, Williams County Sheriff’s Office, U.S. Border Patrol, Williston Police Department, North Dakota Bureau of Criminal Investigation, Northwest Narcotics Task Force, the Washington State Patrol, the U.S. Marshal Service in Las Vegas, IRS-CI in Las Vegas, and the DEA in Las Vegas.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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.
San Ildefonso Pueblo Man Pleads Guilty to Federal Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Juan Pena, 72, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., pleaded guilty today in federal court to a child sexual abuse charge. The guilty plea was entered without the benefit of a plea agreement.
Pena was arrested on Aug. 19, 2015, on an indictment charging him with abusive sexual contact of a minor between the ages of 12 and 16 on May 25, 2015, in Indian Country in Santa Fe County, N.M.
During today’s proceedings, Pena pled guilty to the indictment and admitted that on May 25, 2015, he engaged in sexual contact with the victim who was between the ages of 12 and 16 with intent to abuse, humiliate, harass and degrade the victim.
Pena was remanded into federal custody after entering his guilty plea and will be detained pending his sentencing hearing which has yet to be scheduled. Pena faces a maximum statutory penalty of two years in prison and will be required to register as a sex offender.
This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services.
The case is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez 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/.
Rochester Man Convicted of Heroin TraffickingRead the Press Release
CONCORD, NEW HAMPSHIRE – United States Attorney Emily Gray Rice announced that on February 5, 2016, a jury found Lorenzo Ramirez, age 58, of Rochester, New Hampshire, guilty of three counts of unlawful distribution of heroin and one count of unlawful possession of with the intent to distribute heroin, in violation of Title 21, United States Code, Section 841(a)(1), after a four-day trial in the United States District Court for the District of New Hampshire.
The trial began on Tuesday, February 2, 2016 and ended with the jury’s verdict today. The guilty verdict means that the jury found that Ramirez made three sales of approximately 42 grams of heroin in Rochester, New Hampshire in February and March 2015 to an undercover officer working with the United States Drug Enforcement Administration. On March 4, 2015, after conducting a third sale to the undercover officer, Ramirez was arrested and found to be in possession of an additional ten grams of heroin, which was packaged for redistribution, and $750 in cash.
Ramirez’s sentencing before United States District Court Chief Judge Joseph N. LaPlante is scheduled for May 19, 2016. Ramirez, a citizen of Mexico will likely face deportation after he is sentenced.
The case was investigated by the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Jennifer Cole Davis and Seth Aframe.
Portland Man Sentenced to 40 Months for Possessing Child PornographyRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that William Alfred Roscoe, 30, of Portland, Maine, was sentenced today in U.S. District Court by Judge Jon D. Levy to 40 months in prison to be followed by 5 years of supervised release for possessing child pornography. Roscoe pleaded guilty to the charge on June 23, 2015.
According to court records, in early 2015, federal agents were investigating the exchange of child pornography over the internet. In April, as part of the investigation, agents took custody of a laptop computer located in the Portland apartment Roscoe shared with his girlfriend and her children. Agents obtained a search warrant for the laptop. A forensic analysis revealed numerous still images and video files depicting children engaged in sexually explicit conduct, that a user of the laptop had searched for files using keywords commonly associated with child pornography and that numerous files with titles indicative of child pornography were in the process of being downloaded to the laptop over the internet at the time agents took custody of the laptop. The investigation revealed that Roscoe knowingly possessed the laptop and knew that it contained child pornography.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Portland Police Department.
Port Gamble S’klallam Tribal Member Sentenced to Life in Prison for Five Counts of Aggravated Sexual Abuse of a MinorRead the Press Release
A 59–year old enrolled member of the Port Gamble S’Klallam Tribe was sentenced today in U.S. District Court in Tacoma to life imprisonment for five counts of aggravated sexual abuse of a minor. In October 2015, a jury convicted LEROY CHARLES following a five day trial. At sentencing U.S District Judge Ronald B. Leighton said, “Mr. Charles is in every sense an evil man…. Because of the awful offenses and fallout from those offenses, the pain and hurt he has inflicted makes these very serious offenses…This (sentence) deters Mr. Charles from ever inflicting pain and hurt on anyone again.”
“For years, this defendant raped and abused helpless children, and threatened them and their families with further violence,” said U.S. Attorney Annette L. Hayes. “I commend the strength and perseverance shown by these now young adults in coming forward and seeking justice in this case. Because of the victims’ courage, they have ensured that the defendant will never again have the opportunity to victimize children or other members of their community.”
According to testimony at trial, between 1999 to 2005, CHARLES viciously raped his minor relatives when they were adolescents or young teenagers at various times and places on the Port Gamble S’Klallam reservation. CHARLES overpowered the victims -- in one instance, drugging and then raping the child, and in another instance, tying up and raping the child. CHARLES threatened to kill each of the victims and their families if they disclosed the abuse. When one of the victims left the reservation, CHARLES traveled to the victim’s out-of-state residence, again threatening the victim and saying he would be able to find the victim anywhere. Trial testimony also established that CHARLES raped two other minor aged relatives, in the mid 1980’s, when they were 5 and 6 years old. For one of the relatives, the sexual assaults continued for years until the child was nearly 11 years old.
Writing to the court the Port Gamble S’Klallam Tribal Council told Judge Leighton, “The Council is worried that the tribe’s well-being would be jeopardized if the defendant is released.”
The case was investigated by the Port Gamble S’Klallam Tribal Police and the FBI. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.
Parmelee Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.
Darius Whipple, Sr., age 24, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on February 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each count is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Whipple committed an assault with a knife on July 23, 2015. It also alleges that he committed assault with a tablet computer on August 28, 2015, causing serious bodily injury.
The charge is merely an accusation and Whipple is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Whipple was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Orlando Man Sentenced to More Than 20 Years for Armed RobberyRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon, III sentenced Dontreaun Tremayne Alexander (25, Orlando) today to 21 years and 10 months in federal prison for robbing a convenience store and brandishing a firearm during that robbery. The Court also ordered him to forfeit the firearms and ammunition involved in the robbery. Alexander pleaded guilty on November 20, 2015.
According to court documents, on the night of December 28, 2014, Alexander and co-defendant Brandon Long robbed the Circle K store located at 7530 Forest City Road in Orlando. They entered the store with their faces covered and demanded that the cashier open the safe. Both men carried and brandished guns. When the cashier was unable to open the safe, Alexander threatened to shoot her. The robbery was recorded by store video and audio surveillance. Long was apprehended at the scene and Alexander fled.
Long previously pleaded guilty for his involvement in this case. On July 17, 2015, he was sentenced to 10 years and 10 months in federal prison.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kara M. Wick.
Orange County Man Faces Nearly 200 Years in Prison after Being Convicted of Federal Charges in Mortgage Fraud SchemeRead the Press Release
SANTA ANA, California – A federal jury today convicted an Orange County man for leading a “builder bailout” real estate scheme that resulted in the fraudulent purchase of more than 100 condominium units around the country with mortgages that mostly went into default, resulting in foreclosures and millions of dollars in losses.
Momoud Aref Abaji, 34, of Huntington Beach, was convicted this afternoon in United States District Court of conspiracy to commit bank fraud and wire fraud, five counts of wire fraud, and two counts of tax evasion. Five of Abaji’s co-conspirators have already been convicted, and one, Wajieh Tbakhi, remains a fugitive.
“Abaji’s fraud cost these financial institutions millions of dollars and put taxpayer funds at risk,” said United States Attorney Eileen M. Decker. “The Department of Justice is dedicated to protecting the public fisc from this type of fraud.”
Abaji and his co-conspirators operated the scheme through Excel Investments and related companies in Santa Ana and then Irvine. In the scheme, Abaji and his co-conspirators identified condominium developments in which the developers were struggling to sell units and then arranged with the developers to purchase the units in return for large commissions. The developers benefitted by making it appear that their condos were selling and maintaining their value, while Abaji and his co-conspirators benefitted from the hefty commissions that they received, which were concealed from the mortgage lenders. The defendants recruited a number of straw buyers to purchase the properties as “investors,” and ensured that they qualified for financing by filing false loan applications on their behalf.
Abaji and his co-conspirators negotiated with condominium developers in California, Florida and Arizona to purchase condominium units in exchange for a hefty commission, which they often misleadingly referred to as “marketing fees” and did not disclose to the lenders. The defendants bought units for themselves, their relatives, and on behalf of “investors” with good credit scores who served as “straw buyers.” They recruited the straw buyers by presenting the scheme as an investment opportunity that required no down payment and would generate income through rental payments.
To obtain mortgages for the properties, Abaji and his co-conspirators prepared loan applications with false information about the straw buyers – inventing fake employment, income and assets for these individuals to qualify them for loans. They also submitted fabricated and altered W2 forms, pay stubs and bank statements in support of those applications, and they concealed the huge commissions from mortgage lenders by submitting false and misleading purchase and sale agreements and fake HUD-1 settlement statements. Based on these false statements, mortgage lenders funded more than $21 million in loans
Many of these loans went into default, and mortgage lenders lost millions after foreclosing on the properties, with current losses estimated at approximately $9 million. The Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae) purchased dozens of these loans on the secondary mortgage market and suffered losses of at least $2.37 million as a result of delinquencies, defaults and foreclosures on the properties.
“Whether you call it a marketing fee, commission, or kickback, all forms of income are taxable,” stated IRS Criminal Investigation’s Special Agent in Charge Erick Martinez. “As today’s verdict shows, the law is clear on the issue of taxable income and who is required to file and pay taxes.”
United States District Judge Andrew Guilford, who presided over the trial, set sentencing for May 23. At his sentencing, Abaji faces a statutory maximum sentence of 190 years in prison.
In addition to the guilty verdicts today, the jury found Abaji not guilty of one count of wire fraud.
This case is the result of an investigation by the Federal Bureau of Investigation, the Federal Housing Finance Agency’s Office of Inspector General, and IRS Criminal Investigation.
Operator of ‘Document Mill’ that Produced Bogus Credentials for Port Workers and Other Fake IDs Arrested on Federal ChargesRead the Press Release
LOS ANGELES – A Porter Ranch man who allegedly operated a “document mill” in Sylmar that produced fake IDs – including the credentials used to access secure areas of the Port of Los Angeles – has been arrested on federal charges of illegally manufacturing the counterfeit documents.
Brian Allen Dunmore, 54, was arrested Wednesday by special agents with the United States Coast Guard Investigative Services (CGIS), which is involved in an ongoing investigation into document mills that manufacture fraudulent identification, such as Transportation Worker Identification Credentials (TWICs), which are needed to access secure areas of the Port of Los Angeles.
Dunmore was arrested pursuant to a criminal complaint filed on Monday that charges him with one count of unlawfully possessing and producing an authentication feature. At his initial appearance Wednesday afternoon in United States District Court, Dunmore was ordered detained (held without bond), in part because he is a previously convicted felon who had a cache of firearms at his Porter Ranch residence.
“Our national security depends in part upon our ability to restrict access to sensitive areas, including significant transportation hubs such as the Port of Los Angeles,” said United States Attorney Eileen M. Decker. “Here, false identification documents were given to unauthorized individuals by a person who also illegally possessed an arsenal of high-powered weapons, making this crime extremely serious.”
Special agents with CGIS yesterday arrested a second man allegedly involved in the trafficking of counterfeit documents. A man charged in a second criminal complaint under the name Ricardo Gama-Diaz, also known as “Coy,” appeared in federal court yesterday afternoon and said his true name was Ricardo Rios-Gama.
Rios-Gama, 51, who resides in South Park neighborhood of Los Angeles, is charged with producing a false identification document. An affidavit filed in support of the criminal complaint alleges that Rios-Gama sold undercover agents counterfeit identification documents – including bogus TWICs, California driver’s licenses, Social Security cards and “Green Cards” – on three occasions.
“Transportation Worker Identification Credentials are an important component of our overall port and transportation security system,” said Rear Admiral Joe Servidio, Commander of the Eleventh Coast Guard District. “Taking swift and decisive action sends a strong message deterring future criminal activity.”
Dunmore operated a document mill in Sylmar, according to an affidavit filed in his case. Dunmore allegedly agreed to sell to undercover agents a computer program, printer, and card stock with microchips to produce and manufacture TWIC cards and other government identification documents, such as Social Security cards, Mexican identification cards, and California driver’s licenses. According to the case affidavit, Dunmore himself produced a TWIC card and Mexican identification card for the agents.
A TWIC is a worker identification card issued by the Transportation Security Administration (TSA) that allows individuals to access secure areas of the Port of Los Angeles. Those who are issued TWICs undergo a security background check. Because some people are ineligible to obtain a TWIC, due to a lack of immigration status or another reason, a black market for these documents has developed, according to the USGIS investigation.
“The fraudulent manufacturing and sales of official identification documents required to gain access to secure areas directly threatens and undercuts efforts in maintaining security within our nation's ports” said CGIS Special Agent in Charge Jon Finnegan. “The United States Coast Guard Investigative Service shall continue to aggressively pursue those violators and work with the United States Attorney's Office seeking prosecution to the fullest extent of the law.”
In conjunction with Dunmore’s arrest, CGIS agents executed a search warrant at his residence and recovered equipment that appeared to be used to create false identifications. The agents also recovered as a small arsenal of weapons and ammunition, including a fully-automatic Tec-9, two AR-15 rifles with over 2,000 rounds of ammunition, and an AK-47. The Bureau of Alcohol, Tobacco, Firearms and Explosives is assisting with this part of the investigation. At the court hearing on Wednesday, federal prosecutors successfully argued that Dunmore posed a danger to the community because he was a felon illegally in possession of a host of weapons. Eleven of the guns were unregistered and among the thousands of rounds of ammunition, agents recovered at least 15 high capacity magazines.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
At Dunmore’s court appearance on Wednesday, a United States Magistrate Judge scheduled a preliminary hearing for February 17 and an arraignment February 23.
At his court hearing yesterday, Rios-Gama was ordered freed on a $10,000 bond, but he will be subject to electronic monitoring. Rios-Gama was ordered back to federal court on February 25 for a preliminary hearing and on March 2 for an arraignment.
If they are convicted of the charges against them, each defendant would face a statutory maximum penalty of 15 years in federal prison.
This ongoing investigation is being conducted by the United States Coast Guard Investigative Service.
Ohio Man Sentenced to over 10 Years in Interstate Heroin ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JASON PAYNE, age 37, a resident of Youngstown, Ohio, was sentenced yesterday for conspiring to distribute more than a kilogram of heroin.
U.S. District Judge Carl J. Barbier sentenced PAYNE to 140 months in prison, five years of supervised release following his prison term, and a $100 special assessment.
According to court documents, a series of court-authorized wiretaps on the cell phones of New Orleans area heroin dealers led Drug Enforcement Administration agents to identify co-defendant FREDRICK DOUGLAS BROOKS III as a Houston-based heroin trafficker who was distributing kilogram quantities of heroin in New Orleans and other markets through drug and bulk cash couriers. PAYNE was identified as a major customer in Ohio and indicted in New Orleans as part of the conspiracy. PAYNE acknowledged in court documents that he had purchased 2 kilograms of heroin from BROOKS’ network in February 2014 and another 3 kilograms in April 2014.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Michael B. Redmann was in charge of the prosecution.
Nurse at Hampton Veteran's Administration Hospital Convicted of Sexually Assaulting PatientRead the Press Release
NEWPORT NEWS, Va. – Juan M. Lopez, 52, of Virginia Beach, was convicted today by a federal jury on charges of aggravated sexual assault and making a false statement to a federal agent.
Lopez was indicted on July 22, 2015. According to court records and evidence presented during three days of trial, on September 20, 2014, Lopez was a nurse in the emergency department of the Hampton Veteran’s Administration Hospital. The victim, who suffers from PTSD related to a prior military rape and two traumatic brain injuries sought treatment in the emergency room for a leg injury. Lopez was responsible for the victim’s treatment and administered morphine against her wishes. While the victim was under the effect of the morphine, Lopez sexually assaulted the victim multiple times. When questioned by federal agents five days later he lied about the event.
Following the trial Lopez was taken into custody. Lopez faces a maximum penalty of life in prison when sentenced on May 19, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia made the announcement after the verdict was accepted by U.S. District Judge Mark S. Davis. Assistant U.S. Attorney Eric M. Hurt and Jeremy Jehangiri from the Organized Crime and Gang Section of the Justice Department’s Criminal Division prosecuted the case. The case was investigated by the Department of Veteran’s Affairs, Office of Inspector General.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:15cr14.
Newark, New Jersey, Corrections Officer Convicted of Sexual Abuse of DetaineeRead the Press Release
NEWARK, N.J. – A former corrections officer with the Essex County Correctional Facility was convicted today by a federal jury for sexually assaulting a pretrial detainee and then lying about it to investigators, U.S. Attorney Paul J. Fishman announced.
Shawn D. Shaw, 43, of Newark, was convicted of both counts of an indictment charging him with depriving an individual of rights under color of law and obstruction of justice. He was convicted following a seven-day trial before U.S. District Judge Esther Salas in Newark federal court. The jury deliberated for two days before returning the guilty verdict. Judge Salas revoked the defendant’s bail and ordered him into custody following the verdict.
According to documents filed in this case and the evidence at trial:
Shaw was the only officer on duty in the female unit during the night of a snow blizzard on Dec. 28, 2010. During the night, Shaw made sexually explicit comments to the victim. Although she rejected his advances, records show that in the middle of the night, Shaw opened the victim’s cell door. The victim testified that Shaw entered her cell, and despite her saying “stop” and “no,” Shaw raped her. Expert testimony, including DNA analysis, corroborated the victim’s testimony that Shaw was her assailant.
When investigators questioned Shaw about the attack, he lied and intentionally omitted information from his statement in order to obstruct the investigation. Specifically, Shaw falsely stated that he did not make sexual comments to the detainee or enter the victim’s cell.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Andrew Campi in Newark, with the investigation leading to today’s verdict. He also thanked the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Carolyn A. Murray, for its assistance.
The charge of deprivation of rights under color of law carries a maximum potential penalty of life in prison. The obstruction of justice count carries a maximum potential penalty of 20 years in prison. Each count also carries a maximum $250,000 fine. Sentencing is set for May 16, 2016.
The government is represented by Criminal Division Chief Thomas Eicher and Assistant U.S. Attorney Shana Chen of the U.S. Attorney’s Office in Newark, with assistance from Trial Attorney Shan Patel of the Justice Department’s Civil Rights Division.
Defense counsel: Mark A. Fury Esq., Mount Holly
New York Investment Fund Managers Plead Guilty for Orchestrating Two Multi-Million Dollar Fraud SchemesRead the Press Release
Earlier today, John R. Lakian and Diane W. Lamm, who managed Capital L Financial Group, LLC (Capital L) and Aegis Capital Fund, LLC (Aegis Capital), each pleaded guilty to two counts of securities fraud for defrauding investors out of millions of dollars in two separate schemes. When sentenced, the defendants face a maximum sentence of 20 years’ imprisonment on each count.
Today’s guilty pleas were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“The defendants played a confidence game, stealing investors’ hard-earned money through lies and deceit to use for their own purposes” stated United States Attorney Capers. “We remain steadfast in our commitment to the investigation and prosecution of those who prey on investors and enrich themselves by means of financial fraud.”
“Lakian and Lamm misled investors, and capitalized on their misfortune, in an effort to bolster their own financial portfolios. The FBI and our partners will continue our efforts to bring to justice those who employ schemes to take advantage of unwitting victims,” stated FBI Assistant Director-in-Charge Rodriguez.
Between 2009 and 2013, the defendants were involved in two schemes to steal investors’ money. In the first, the defendants obtained more than $11 million by promising Capital L investors that their money would be used to purchase, consolidate, and sell registered investment advisory businesses. Instead, Lakian and Lamm diverted more than $3 million of it to themselves and to entities they owned and controlled. In the second scheme, the defendants perpetrated their fraud through their management of the liquidation of Aegis Capital, a North Carolina-based investment fund. Instead of returning investment proceeds to investors, Lakian and Lamm diverted more than $2 million of investors’ money to themselves and to restaurant businesses they controlled.
Today’s pleas took place before United States District Judge Frederic Block at the United States Courthouse in Brooklyn, New York.
The government’s case is being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Whitman Knapp is in charge of the prosecution.
This prosecution was the result of efforts 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 fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, visit http://www.StopFraud.gov.
The Defendants:
JOHN R. LAKIAN
Age: 73
New York, New YorkDIANE W. LAMM
Age: 55
New York, New YorkE.D.N.Y. Docket No. 15-CR-0043 (FB)
Muskegon Defendants, Larry Dwayne Diggs and Tunisia Phillips-Lark, Plead Guilty to Drug, Firearm, Witness Tampering, and Perjury OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN – Larry Dwayne Diggs, also known as "Montana" and "Montie," of Muskegon, Michigan pled guilty to federal drug, firearm, and witness tampering offenses, U.S. Attorney Patrick Miles announced today. Diggs’ codefendant, Tunisia Phillips-Lark, pled guilty to one count of perjury. Diggs faces a minimum of five years in prison and a maximum of life in prison; Lark faces up to five years in prison.
Diggs admitted at his plea hearing that on July 2, 2015, he possessed a quantity of "crack" cocaine and a Glock pistol while at a gas station in Muskegon, Michigan. He was on his way to sell the "crack" cocaine to a customer and possessed the loaded handgun for protection. Muskegon Township Police were dispatched to the scene on a report of a possible narcotics transaction. Diggs fled when police arrived, leaving behind the handgun and cocaine. Investigation revealed that the handgun was stolen, and that Diggs had previously been convicted of a felony.
Diggs further admitted at his plea hearing that after he was incarcerated, he tampered with a witness who had been subpoenaed to testify against him. He called Phillips-Lark from jail and instructed her to lie to a federal grand jury investigating the July 2, 2015 incident. Phillips-Lark subsequently testified falsely before the grand jury. In addition, Phillips-Lark and Diggs conspired to tamper with another witness so that this witness would not "implicate" Diggs.
Lark, in turn, admitted at her plea hearing that she lied about Diggs when she testified before the federal grand jury. She admitted that she did so to help him try to avoid charges.
The charges in this case are the result of a joint investigation by the Muskegon Township Police Department and the Muskegon Violent Crime Task Force, which includes the Federal Bureau of Investigation (FBI), the Michigan State Police (MSP), and the Muskegon City Police Department. The U.S. Attorney's Office, the Muskegon County Prosecutor's Office, and federal, state, and local law enforcement are working closely together to combat violent crime and witness tampering in the Muskegon area.
END
Mescalero Apache Man Pleads Guilty to Federal Methamphetamine Distribution ChargeRead the Press Release
ALBUQUERQUE – Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty this morning in federal court in Las Cruces, N.M., to a methamphetamine distribution charge under a plea agreement with the U.S. Attorney’s Office.
Rice was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014 in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Rice was arrested on Dec. 29, 2015, on a criminal complaint charging him with distribution of methamphetamine on March 25, 2015, in Otero County, N.M. According to the complaint, on March 25, 2015, Rice sold approximately one gram of methamphetamine to undercover law enforcement agents in Mescalero.
During today’s proceedings, Rice pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted that on March 25, 2015, he sold .75 grams of pure methamphetamine to an individual who, unbeknownst to him, was an undercover law enforcement agent for $100.00.
At sentencing, Rice faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Rice remains in custody pending a sentencing hearing which has yet to be scheduled.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
Mentor couple charged with tax evasionRead the Press Release
A husband and wife from Mentor were charged with tax evasion, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Guy Ficco, Acting Special Agent in Charge, Criminal Investigation, Cincinnati Field Office.
Edgardo Morales, 55, and Paula Morales, 48, both of Mentor, are charged with attempting to evade taxes. Specifically, a criminal information alleges that from 2010 to 2012, they owned a bar and entertainment business called The 800 Club in Cleveland. They are alleged to have substantially under-reported the business’s revenues to the Internal Revenue Service on the corporate tax returns associated with the business.
The case is being prosecuted by Assistant U.S. Attorney Matthew B. Kall following an investigation by IRS-CI.
If convicted, the defendant's sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.
An information 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.
Member of International Child Exploitation Conspiracy Sentenced to 216 Months in PrisonRead the Press Release
A Bronx, New York, man was sentenced to 216 months in prison today for his participation in two websites that were operated for the purpose of coercing and enticing minors as young as eight years old to engage in sexually explicit conduct on web camera.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Section Chief Calvin Shivers of the FBI’s Violent Crimes Against Children Section (VCACS) made the announcement.
Karlo Hitosis, 32, was sentenced by U.S. District Judge T.S. Ellis of the Eastern District of Virginia, who also ordered Hitosis to serve 10 years of supervised release. Last year, Hitosis pleaded guilty to one count of conspiracy to produce child pornography. The investigation, Operation Subterfuge, identified more than 300 minor victims in the United States and an estimated 1,600 minor victims were lured to the websites.
In connection with his guilty plea, Hitosis admitted that members of the conspiracy created false profiles on social networking sites, such as YouTube, posing as young teenagers to lure children to the websites they controlled. Once on the conspirators’ websites, the conspirators showed the children pre-recorded videos of prior minor victims, often engaging in sexually explicit conduct, to make the new victims think that they were chatting with another minor. Using these videos, the conspirators coerced and enticed children to engage in sexually explicit activity on their own web cameras, which the website automatically recorded. Conspirators earned points based on their contribution to the success of website objectives, which allowed them access to the sexually exploitative videos of children. Law enforcement agencies have disabled both websites.
Trial Attorney Lauren Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Tracy Doherty-McCormick prosecuted the case. CEOS Trial Attorney Ravi Sinha assisted with the prosecution.
VCACS special agents led the investigation with the assistance of the FBI’s Operation Rescue Me and the FBI’s Digital Analysis and Research Center. The South Africa Police Service, Family Violence, Child Protection, and Sexual Offenses, Gauteng; Dutch Police Service Agency, KLPD; Royal Canadian Mounted Police, National Child Exploitation Coordination Centre; and the Australian Federal Police, Child Protection Operations, Sydney were active partners in the investigation. The U.S. Attorney’s Office of the Southern District of New York also contributed to the investigation and the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Member of International Child Exploitation Conspiracy SentencedRead the Press Release
ALEXANDRIA, Va. – Karlo Hitosis, 32, of Bronx, New York, was sentenced today to 18 years in prison for participation in two websites that were operated for the purpose of coercing and enticing minors, as young as eight years old, to engage in sexually explicit conduct on web camera. Hitosis was also sentenced to 10 years of supervised release and ordered to register as a sex offender.
Hitosis pleaded guilty on Oct. 30, 2015. According to court records, members of the conspiracy to which these men belonged created false profiles on social networking sites, such as YouTube, which portrayed themselves as young teenagers. They used these profiles to lure children to the websites they controlled. Once a child was on the websites, conspirators played pre-recorded videos of prior minor victims, often engaging in sexually explicit conduct, to make the new victims think that they were chatting with another minor. Using these videos, conspirators coerced and enticed children to engage in sexually explicit activity on their own web cameras, which the website automatically recorded. Based on their contribution to the success of website objectives, conspirators earned access to additional sexually exploitative videos of children. During the FBI’s investigation, named Operation Subterfuge, an estimated 1,600 minors were lured to the two websites. More than 300 minor victims have been identified by U.S. law enforcement, and an additional 43 victims have been identified in Canada by the Royal Canadian Mounted Police and the National Child Exploitation Coordination Centre. Law enforcement has disabled both websites.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Calvin Shivers, Section Chief, FBI Violent Crimes Against Children Section, made the announcement after sentencing by U.S. District Judge T.S. Ellis III.
Assistant U.S. Attorney Tracy Doherty-McCormick and Trial Attorney Lauren Britsch of the Child Exploitation and Obscenity Section (CEOS) of the U.S. Department of Justice prosecuted the case. Trial Attorney Ravi Sinha of CEOS assisted with the prosecution.
The FBI’s Major Case Coordination Unit (MCCU) led the investigation with the assistance of Operation Rescue Me, and the FBI’s Digital Analysis and Research Center. Other active partners in the investigation include the South Africa Police Service, Family Violence, Child Protection, and Sexual Offenses, Gauteng; Dutch Police Service Agency, KLP; Royal Canadian Mounted Police, National Child Exploitation Coordination Centre; and the Australian Federal Police, Child Protection Operations, Sydney. Also contributing to the investigation and prosecution was the U.S. Attorney’s Office for the Southern District of New York.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-172; 1:15-cr-42.
Member of Cherry Hill Group ‘UDH’ Sentenced to 30 Years in Prison for Racketeering Conspiracy, including MurderRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell III sentenced Dominic Evans, a/k/a “FlatLine,” age 25, of Baltimore, today to 30 years in prison, followed by five years of supervised release, for conspiracy to participate in a racketeering enterprise in connection with his gang activities as a member of the UDH organization, which operates in the Cherry Hill section of Baltimore.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn Mosby.
“Many of the shootings and murders in Baltimore City result from disputes between rival drug gangs,” said U.S. Attorney Rod J. Rosenstein. “Thanks to a lengthy and intensive investigation, we will hold accountable the criminals who turned Cherry Hill into a war zone.”
According to his plea agreement, from at least 2007 to 2013 Evans was a member of the UDH organization, which operates in the area of Cherry Hill known as “Up the Hill” or “Up da Hill.” UDH members and associates have been in a long-running dispute with members of an organization known as “Coppin Court” that is involved in criminal activity in the part of Cherry Hill known as “Down the Hill,” and since at least January 2011, have been in a dispute with members of “Little Spelman,” another organization that is involved in criminal activity in the Down the Hill section of Cherry Hill. UDH members and associates used violence and intimidation to protect themselves, the organization, and their control of the drug trade in part of Cherry Hill.
Evans admitted that as a member of UDH he sold crack cocaine, heroin and other narcotics with UDH members. In addition to selling drugs, Evans admitted that he participated in a robbery on January 15, 2007, in which the victim was stabbed. Evan also admitted that on October 5, 2010, he and a co-defendant committed an armed robbery of two individuals who were selling marijuana in the area, but who were not UDH members. After stealing $150 from one of the victims, Evans’ co-defendant began to shoot at the two individuals. One of the victims was shot once and survived his wound, but the other victim, who was shot at least three times, died from her wounds. The murder was captured on CCTV. A Baltimore City jury acquitted Evans and his co-defendant of this murder.
Finally, Evans admitted that November 11, 2013, in the 100 block of South Monroe Street in Baltimore, he started a fight with another individual, produced a large 10 inch kitchen knife and began stabbing and slicing at the victim. Evans took $50 from the victim. The victim was taken to Shock Trauma with stab wounds to his head, upper back and hands. The knife was recovered at the scene. CCTV captured the assault. Approximately seven minutes later, Evans walked into a hospital four blocks away, complaining of a slice wound to the palm of his left hand. Evans pleaded guilty to this first degree assault in Baltimore City Circuit Court and was sentenced to 12 years in prison.
Throughout the course of Evans’ involvement in the UDH drug conspiracy Evans knew that the conspiracy involved between 840 grams and 2.8 kilograms of crack cocaine and between three and 10 kilograms of heroin
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Andrea L. Smith, Seema Mittal, and Patricia C. McLane, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Mellette County Individuals Charged with Conspiracy to Distribute a Controlled Substance and Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that two men and a woman from the Corn Creek Community in Mellette County, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Henry Paul Gorisek, Jr., age 46; Helen Ann Clifford, age 43; and Ty Wesley Clifford, age 22, were indicted on January 21, 2016. On January 26, 2016, and February 3, 2016, they appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 14, 2014, and September 19, 2015, Gorisek, and Helen and Ty Clifford knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine and marijuana. The Indictment also alleges that on or about September 19, 2015, in Mellette County, Gorisek, and Helen and Ty Clifford knowingly possessed a firearm and were prohibited persons because they are users of and addicted to a controlled substance. Gorisek is also alleged to be a prohibited person because of a prior felony.
The charges are merely an accusation and Gorisek, Helen Clifford, and Ty Clifford are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
All three were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Multiple CountsRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Kidnapping, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Jason Martinez, age 40, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $1,000,000 fine, up to life of supervised release, a mandatory special assessment of $5,000, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 9, 2015, Martinez caused and attempted to cause his intimate partner to engage in a sexual act by the use of force. Martinez is also accused of willfully kidnapping the same victim, as well as assaulting her with a shovel which caused serious bodily injury.
The charges are merely accusations and Martinez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Martinez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Livingston County Man Sentenced to Eight Years in Prison for Distributing Child PornographyRead the Press Release
Peoria, Ill. – Daniel W. Craver, 56, of Chatsworth, Ill., was sentenced yesterday to eight years (96 months) in prison for distributing child pornography. The court also ordered that Craver remain on supervised release for 10 years following his release from incarceration. Craver will be required to register as a sex offender.
Craver pleaded guilty on Oct. 14, 2015. According to court documents, Craver was identified after the FBI learned that a computer located within his residence was using a peer-to-peer file sharing program to download and share files containing child pornography. Based on this information, the FBI obtained and executed a search warrant for Craver’s residence on Apr. 9, 2014. During the search, Craver agreed to be interviewed and admitted that he accessed child pornography with the computer in his living room and traded and distributed the images and videos using a peer-to-peer file sharing program.
At the conclusion of the search, the FBI seized numerous items of computer equipment. A forensic examination of the seized items revealed the presence of 665 images and 103 videos of minors engaged in sexually explicit conduct.
Craver has remained in the custody of the U.S. Marshals Service since he was arrested on Feb. 23, 2015.
Assistant U.S. Attorney Ronald L. Hanna prosecuted the case which was investigated by the FBI and the East Peoria Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Letter carrier charged with worker's compensation fraudRead the Press Release
A letter carrier for the U.S. Postal Service has been charged with defrauding the Department of Labor, law enforcement officials said.
Douglas A. Joachim, 51, of Wadsworth, concealed and falsified his medical condition and physical abilities to the Labor Department’s worker’s compensation program. He is employed as a letter carrier and, on numerous occasions, was receiving disability payments through the worker’s compensation program. He willingly made false, fictitious and fraudulent statements about his medical condition, which resulted in these benefits being paid, according to the information.
This case is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the U.S. Postal Service Office of Inspector General.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses 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.
A charge is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Law Enforcement to Host Faith-Based Security SummitRead the Press Release
DALLAS — The U.S. Attorney’s Office for the Northern District of Texas, the FBI’s Dallas Division and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Dallas are hosting a Faith-Based Security Summit that will provide faith-based leaders with information to improve security and develop protocols to protect houses of worship.
The Summit will be held the afternoon of Tuesday, February 9, 2016, at the FBI’s Dallas Field Office. Approximately 150 individuals representing faith-based leadership in North Texas are expected to attend.
“Our places of worship are uniquely vulnerable as they struggle to balance sanctity and security,” said U.S. Attorney John Parker of the Northern District of Texas. “The free exercise of religion guaranteed by our Constitution is an empty promise without a safe and peaceful environment in which to worship. Although violence in places of worship is sadly not a new problem, recent tragic events across the country have highlighted the challenges of fostering a culture that is both welcoming and safe. This summit will address some of those challenges.”
Thomas M. Class, Sr., Special Agent in Charge of the Dallas FBI said, “We in the FBI, along with our partners in law enforcement, are committed to protecting the safety and First Amendment rights of all faith-based groups. Through this summit, it is our hope to further strengthen our relationship with the communities we serve and to share valuable information that could be instrumental in saving lives.”
Katrina W. Berger, Special Agent in Charge of HSI Dallas, said, “To fulfill law enforcement’s primary role of public safety, we must stay relevant to the times. Unfortunately, in our society today, this means providing our faith-based leaders with basic training tools to escape and survive an active-shooter situation. Our places of worship and their congregations are especially vulnerable to be targeted by these horrific acts.”
The Summit will provide faith-based leaders information and tools to assist them in developing security programs, protocols and emergency action plans. It will also provide information on risk assessment, crisis response plans, deterring threats, information sharing and active shooter situations.
In addition to U.S. Attorney Parker and Special Agents in Charge Class and Berger, speakers will include subject matter experts from the FBI and HSI. In addition, several members of the Dallas-Fort Worth faith-based community will participate in a round-table panel discussion.
Registration for this Summit is closed. It is also closed to the media.
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Kenel Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Dylan Demery, age 23, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 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 Indictment alleges that on or about January 1, 2016, Demery forcibly resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs. The incident happened while that officer was employed as a federal law enforcement officer with the Bureau of Indian Affairs, assigned to perform law enforcement functions and was also engaged in the performance of his official duties.
The charge is merely an accusation and Demery is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Demery was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kemp and Jones Indicted in Interstate Armed Jewelry Theft CaseRead the Press Release
PANAMA CITY, FLORIDA – Abigail Lee Kemp, 24, of Smyrna, GA, and Lewis Jones III, 35, of Atlanta, GA, were arraigned today in federal court after a grand jury returned an indictment charging them with conspiracy, obstructing commerce by robbery, and brandishing a firearm during a crime of violence. The indictment was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
The indictment alleges that, between April 2015 and January 2016, Kemp and Jones conspired to commit armed robberies at a series of jewelry stores, including Jared Vault, Zales Outlet, and Reeds Jewelers. It further alleges that Kemp and Jones brandished and used a firearm during the robbery of Reeds Jewelers. The trial is scheduled for March 21, 2016, at 8:15 a.m. at the United States Courthouse in Panama City.
The potential penalties for both the conspiracy and obstructing commerce by robbery counts are a maximum of 20 years in prison. For brandishing a firearm during a crime of violence, the punishment is a minimum of seven years and a maximum of life in prison, to run consecutive to any penalty on the other counts.
Kemp and Jones were first charged by criminal complaint last month. They were arrested together in the Smyrna, Georgia, area on Friday, January 8, 2016, on charges related to the armed robberies of six jewelry stores in Panama City Beach, Florida; Woodstock, Georgia; Dawsonville, Georgia; Bluffton, South Carolina; Mebane, North Carolina; and Sevierville, Tennessee. The charging documents reflect that, in each robbery, the robber brandished a firearm and ordered the employees to the back of the store where they were forced to lie face down on the ground with their hands zip tied behind their backs. Hundreds of thousands of dollars-worth of jewelry was then removed from the jewelry display cases.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
This case resulted from an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Kathryn D. Risinger is prosecuting the case.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]