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Friday 29 January 2016
Three Tennessee Men Sentenced for Killing During Home-Invasion RobberyRead the Press Release
Three Clarksville, Tennessee, men were sentenced for shooting and killing a man during a home-invasion robbery, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David Rivera of the Middle District of Tennessee.
Jerry Dinkins, 27, was sentenced today to 300 months in prison by Chief U.S. District Judge Kevin H. Sharp of the Middle District of Tennessee. Cornell Oliver, 24, and Blake Wright, 26, were sentenced on Dec. 2, 2015, to 300 months and 285 months in prison, respectively, by Judge Sharp.
According to the plea agreements, on Oct. 27, 2010, Oliver, Dinkins and Wright planned a home-invasion robbery targeting a Clarksville house where a man was known to cook and sell substantial amounts of crack cocaine and to have large amounts of cash. When the defendants arrived at the house, at least eight people were inside and one of the defendants kicked open the door. The defendants then entered and demanded money and drugs from the victim, and one of the defendants proceeded to hit the victim with a gun. The defendants forced the victim outside after he indicated that he did not have money or drugs. People inside the house then heard multiple gunshots, but did not see which defendant fired the weapon. The defendants then fled, and the victim was pronounced dead at the scene.
The Clarksville Police Department and the Drug Enforcement Administration investigated the case. Trial Attorney Laura Gwinn of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Lynne T. Ingram of the Middle District of Tennessee prosecuted the case.
Three Hot Springs Arkansas Men Sentenced to Total of 15 Years for Drug and Firearm OffensesRead the Press Release
Hot Springs - Kenneth Elser, Acting United States Attorney for the Western District of Arkansas, announced that Jerry Lee Rudkin, age 30, was sentenced to 48 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine; Jasmer West, age 26, was sentenced to 72 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine; Brian Robbins, age 34, was sentenced to 60 months in federal prison and three years of supervised release on one count of Possession of a Firearm in Furtherance of a Drug Trafficking Offense. The Honorable Susan O. Hickey presided over the sentencing hearings this week in the United States District Court in Hot Springs.
Jerry Lee Rudkin: According to court records, in September 2014, officers with the Drug Enforcement Administration (DEA) in Little Rock began receiving information from the 18th East Drug Task Force that Rudkin was a distributor of methamphetamine in Hot Springs and surrounding areas. On October 8, 2014, agents made a controlled purchase of methamphetamine from Rudkin. A federal grand jury issued an indictment for Rudkin on November 19, 2014, and he pleaded guilty to one count of Distribution of Methamphetamine on March, 27, 2015.
Jasmer West: According to court records, On October 2, 2014, agents with Homeland Security Investigations and the 18th East Drug Task Force made a controlled purchase of methamphetamine from West. A federal grand jury issued an indictment for West on November 19, 2014, and he pleaded guilty to one count of Distribution of Methamphetamine on April, 23, 2015.
Brian Robbins: According to court records, on August 25, 2014, Homeland Security Investigations and the 18th East Drug Task Force made a controlled purchase of methamphetamine and a.45 caliber pistol from Robbins. On August 27, 2014, investigators executed a search warrant at Robbins’ residence based upon the drug transaction and located and seized two .22 rifles, two small bags of cocaine, and one small bag of methamphetamine. On September 9, 2014, the defendant was located and arrested. During an interview of Robbins, he admitted that all of the guns and drugs found in his house belonged to him. Robbins was charged on November 19, 2014 and pleaded guilty on June 5, 2015.
These cases were investigated by Homeland Security Investigations, the Drug Enforcement Administration, and the 18th East Drug Task Force. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Three Clarksville Tennessee Men Sentenced for Killing During Home Invasion RobberyRead the Press Release
Three Clarksville, Tennessee men were sentenced for shooting and killing a man during a home-invasion robbery, announced David Rivera, U.S. Attorney for the Middle District of Tennessee and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division
Jerry Dinkins, 27, was sentenced today to 300 months in prison by Chief U.S. District Judge Kevin H. Sharp of the Middle District of Tennessee. Cornell Oliver, 24, and Blake Wright, 26, were sentenced on Dec. 2, 2015, to 300 months and 285 months in prison, respectively, by Judge Sharp.
According to the plea agreements, on Oct. 27, 2010, Oliver, Dinkins and Wright planned a home-invasion robbery targeting a Clarksville house where a man was known to cook and sell substantial amounts of crack cocaine and to have large amounts of cash. When the defendants arrived at the house, at least eight people were inside and one of the defendants kicked open the door. The defendants then entered and demanded money and drugs from the victim, and one of the defendants proceeded to hit the victim with a gun. The defendants forced the victim outside after he indicated that he did not have money or drugs. People inside the house then heard multiple gunshots, but did not see which defendant fired the weapon. The defendants then fled, and the victim was pronounced dead at the scene.
The Clarksville Police Department and the Drug Enforcement Administration investigated the case. Assistant U.S. Attorney Lynne T. Ingram of the Middle District of Tennessee and Trial Attorney Laura Gwinn of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
Temple Terrace Men Convicted in String of Armed RobberiesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Samuel Lee Lynch (29) and Reo Thomas Nance (31), both of Temple Terrace, guilty of conspiracy, armed robbery, and firearms offenses in connection with five Tampa Bay area armed robberies occurring between March 15, 2015, and April 24, 2015. Lynch and Nance targeted check cashing businesses that kept large amounts of cash on hand, ultimately stealing more than $93,000. During each robbery, both defendants brandished firearms. During a March 26, 2015, robbery of the Nebraska Food Market, Lynch shot an accomplice and bystander.
Lynch faces a mandatory life sentence, and Nance faces a mandatory minimum penalty of 32 years’ imprisonment. Their sentencing hearing is scheduled for May 11, 2016.
This case was investigated by Federal Bureau of Investigation, the Tampa Police Department, and the Temple Terrace Police Department. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.
Syracuse Woman Sentenced to 78 Months in Prison for Irs and Social Security FraudRead the Press Release
SYRACUSE, NEW YORK – Patique Donerlson, 34, of Syracuse, New York, was sentenced today to 78 months in prison to be followed by 3 years of supervised release, as a result of her conviction for three counts of aggravated identity theft and three counts of misuse of a social security number, announced United States Attorney Richard S. Hartunian. Donerlson was also ordered to pay $12,239 in restitution to the Internal Revenue Service ("IRS").
Donerlson’s sentence stemmed from her scheme to obtain federal income tax refunds by preparing and electronically filing fraudulent tax returns using other people’s personal information (names, dates of birth, and social security numbers). In the commission of these crimes, the defendant obtained the personal identification information in various ways, including some from persons whose taxes she had prepared in the past, without obtaining their permission and without their knowledge for the current filings. In each instance, the defendant fraudulently claimed these individuals had self-employment income and were eligible for an earned income tax credit from the IRS in the form of a refund, which was false. She then directed the IRS to issue the fraudulent tax refunds for these individuals on a prepaid debit card in the taxpayer’s name, and requested they be mailed to an address belonging or accessible to Donerlson.
This case was investigated by the Social Security Administration and Internal Revenue Service, Criminal Investigations, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius
St. Croix Man Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
St. Croix, USVI –On Thursday, January 28, 2016, Misael Melendez, aka Salao, 50, pleaded guilty in federal court to being a felon in possession of a firearm, United States Attorney Ronald W. Sharpe announced.
According to the plea agreement filed with the court, on February 11, 2015, Melendez sold a stolen .22 caliber rifle to an undercover informant. Melendez had been previously convicted in 2009 of the felony of possession with intent to distribute cocaine in the District Court of the Virgin Islands.
Melendez faces a maximum of 10 years in prison and a $250,000 fine. A sentencing date has been set for June 1, 2016.
The case is the result of months of investigative work by the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration and the Virgin Islands Police Department. The case is being prosecuted by Assistant U.S. Attorney Christian Stringer.
Sioux Falls Man Sentenced for Gun CrimeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of a firearms offense was sentenced on January 25, 2016, by U.S. District Judge Karen E. Schreier.
Justin Christopher Moe, age 35, was sentenced to 77 months in custody, followed by 3 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Moe was indicted for Felon in Possession of Firearms by a federal grand jury on July 7, 2015. He pled guilty on November 10, 2015.
On April 3, 2015, law enforcement came into contact with Moe in Lennox, South Dakota, and located a .45 caliber semi-automatic pistol in his vehicle. A search warrant was executed on Moe’s residence in Sioux Falls and a 12-gauge shotgun was found. Moe has previously been convicted of five felonies and is prohibited from possessing firearms.
This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Moe was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Found Guilty in Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that Jaime Aroldo Duarte-Lopez, a/k/a Jimmy Duarte, age 23, of Sioux Falls, South Dakota, was found guilty of six drug charges as a result of a federal jury trial in Sioux Falls.
Each count carries a maximum penalty of 20 years in custody and/or a $1 million fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Duarte-Lopez was indicted by a federal grand jury on December 15, 2015, on the charges of Conspiracy to Distribute Methamphetamine and five counts of Distribution of Methamphetamine.
From approximately November 2014 to August 2015, Duarte-Lopez and others distributed methamphetamine in the Sioux Falls area. Law enforcement used a confidential informant to purchase methamphetamine from Duarte-Lopez on five occasions. Duarte-Lopez was responsible for distributing over 175 grams of methamphetamine throughout the course of the conspiracy. Duarte-Lopez indicated to the confidential informant on multiple occasions that he had the ability to obtain pounds of methamphetamine to sell.
This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for April 11, 2016. The defendant was remanded to the custody of the U.S. Marshals Service.
Salt Lake City Man Pleads Guilty to Possession of Child Pornography; Agreement Includes Stipulated 156-Month SentenceRead the Press Release
SALT LAKE CITY -- Jonathan Brett Wood, age 49, of Salt Lake City, pleaded guilty to one count of possession of child pornography in U.S. District Court Wednesday afternoon. The plea agreement reached with federal prosecutors includes a stipulated 156-month sentence. The case is a part of the Utah Project Safe Childhood initiative, which brings together federal, state and local agencies to investigate and prosecute individuals who exploit children.
The significant sentence is subject to the approval of U.S. District Judge Clark Waddoups, who will impose a sentence in the case on June 2, 2016. Judge Waddoups also will impose a term of supervised release for Wood, who faces at least five years of supervised release when he finishes his federal prison sentence with a maximum term of life. (There is no parole in the federal criminal system.) Wood also agreed to forfeit a Samsung laptop computer as a part of the plea agreement reached with federal prosecutors.
As a part of the plea agreement, Wood admitted that on a date unknown and continuing to Feb. 11, 2015, he possessed a computer that contained images of child pornography, including images depicting prepubescent children engaged in sexually explicit conduct. He also acknowledged that he has a previous conviction for aggravated sexual abuse of a child in Utah’s 4th District Court.
“Protecting vulnerable victims is a top priority for the Department of Justice and my office in Utah. We are particularly focused on the exploitation of children,” U.S. Attorney John W. Huber said today. “In this case, our federal, state, and local law enforcement partners contributed to the successful prosecution of an individual who is a repeat offender. We will continue to work together to keep children in Utah safe from these predators.”
Wood was charged with distribution of child pornography, receipt of child pornography, and possession of child pornography in a three-count indictment returned by a federal grand jury in September following an investigation by local, state, and federal agents participating as members of the Utah Internet Crimes Against Children Task Force.
Roseville Wealth Advisor Pleads Guilty to Wire FraudRead the Press Release
SACRAMENTO, Calif. — Lee Loomis, 58, of Granite Bay, pleaded guilty today to wire fraud, United States Attorney Benjamin B. Wagner announced.
According to court documents, Loomis was president of a company called Loomis Wealth Solutions. Through seminars and face-to-face meetings, he induced individuals to invest money in the Naras Funds, which he claimed were liquid, savings account-like investments that yielded a 12 percent annual return. He also claimed the investment was secured by a third party that was using the money to make loans secured by residential properties.
In fact, investors in the Naras Funds lost their investments. In his plea agreement, Loomis admitted that the funds were not used as was promised to investors. Instead, Loomis and his co-defendants used the funds to pay for ongoing operations and to pay previous investors. Loomis took in more than $10 million in investor funds, defrauding more than 50 individuals. At the time law enforcement executed search warrants at the business, only $4,313 was left in investor accounts.
“This guilty plea brings to an end Lee Loomis’s long and destructive scheme to defraud investors,” said U.S. Attorney Wagner. “While it is doubtful that investor victims will ever be made whole, Loomis has been brought to justice, and he will never again be in a position to cause financial harm to others.”
This case is the product of an investigation by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the United States Securities and Exchange Commission, and the California Bureau of Real Estate. Assistant United States Attorneys Paul Hemesath and Jared Dolan are prosecuting the case.
Loomis has been in custody since September 14, 2012. He will remain in custody pending sentencing. Co-defendants Dawn C. Powers, 45, of Lincoln, John Hagener, 79, of Granite Bay, and Joseph Gekko, 47, of Yorba Linda, have previously pleaded guilty and are awaiting sentencing. Co-defendants Michael Llamas, 31, of Tracy, and Peter Woodard, 47, of Ventura, are also named co-defendants in the mortgage fraud allegations in the indictment. A trial against Llamas and Woodard is set for September 12, 2016. The charges against them are allegations: the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Loomis is scheduled to be sentenced by United States District Judge John A. Mendez on May 10, 2016. Loomis faces a maximum statutory penalty of 20 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.
Rose Radiology Centers Agree to Pay More Than $8 Million for False Billing of Medical Procedures and KickbacksRead the Press Release
Tampa - Rose Radiology Centers Inc. has agreed to pay $8.71 million to the government to resolve allegations that it violated the False Claims Act by billing federal health care programs for radiology procedures that were not medically necessary or furnished in violation of applicable Federal regulations, the United States Attorney’s Office for the Middle District of Florida announced today. Rose Radiology is a provider of radiology services and has offices in multiple locations in the greater Tampa area.
“This settlement resolves myriad allegations involving standards of medical care, false billing practices, and breaches of trust,” said U.S. Attorney A. Lee Bentley, III. “There is no room for such practices in our public health care programs. We will continue to do everything within our power to protect the public against such violations, when and where they are found.”
The settlement resolves allegations originally brought in a lawsuit filed by two separate whistleblowers under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblowers will receive a combined $1.7 million as their share of the recovery in this case.
Among the allegations resolved was that Rose Radiology knowingly submitted false claims to the federal health care programs by administering contrast dye during MRI scans on patients without proper physician supervision. Contrast dye is a chemical that is injected intravenously into the body in order to make certain tissues, abnormalities, or disease processes more clearly visible on an MRI. Federal regulations require that a physician directly supervise the administration of contrast dye when used for an MRI as a potential adverse side effect is anaphylactic shock. Even though Rose Radiology was aware of this safety requirement, there were Rose Radiology locations that rarely, if ever, had a physician present when contrast dye was being administered.
The settlement also resolves allegations that Rose Radiology improperly billed for radiology procedures referred by chiropractors. The regulations are clear that Medicare does not pay for diagnostic test orders made by chiropractors. To circumvent this prohibition, Rose Radiology would accept orders from chiropractors and bill for them as if the tests were actually ordered by a Rose Radiology employed physician.
In addition, the settlement resolves the claim that Rose Radiology would perform and bill for radiology procedures that were never actually ordered by the patients’ treatment providers. Independent Diagnostic Testing Facilities (“IDTFs”), like Rose Radiology, are not permitted to add any procedures without a written order from the treating physicians. Also resolved was the claim that Rose Radiology submitted claims to Medicare for radiology services performed at locations that were not enrolled as authorized Medicare providers and billing Medicare for those services as if they had actually been performed at a different facility that was properly enrolled with Medicare.
Finally, the settlement resolves allegations that Rose Radiology engaged in the practice of giving kickbacks to referring physicians for the purpose of soliciting radiology referrals from these physicians. It is a violation of both the Anti-Kickback Act and the Stark Law to provide financial benefits to referring physicians. It was alleged that Rose Radiology provided key referral sources financial incentives in the forms of lunches, gift cards, and tickets to concerts or sporting events in exchange for receiving radiology business from these physicians.
"The Defense Criminal Investigative Service is committed to protecting the integrity of TRICARE, the U.S. military health care program, so that it may continue to provide quality medical care to America's Warfighters and their families, said John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service - Southeast Field Office."
“It is unconscionable for a physician to allow someone without the proper medical training to administer a test that could cause serious harm” said Shimon Richmond, Special Agent in Charge for the HHS Office of the Inspector General. “Not only do the kinds of frauds that were alleged in this case rob Medicare of needed funds, they threatened the health of elderly and disabled Americans.”
The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen from the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorney Eva Gunasekera from the Civil Division’s Commercial Litigation Branch, with assistance from HHS-OIG and DCIS.
The two lawsuits are captioned United States ex. rel. Schimke v. Rose Radiology Centers, Inc., Case No. 8:12-cv-2576-T35-MAP and United States ex. rel. Miller v. Rose Radiology, Inc., Case No. 8:13-CV-2757-T-35-EAJ. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Ridgeview Man Charged with Burglary and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ridgeview, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.
Shilo Hill, a/k/a Shilo Roubideau, age 20, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years 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 indictment alleges that on or about October 3, 2015, Hill unlawfully entered and remained in an occupied structure, the victim’s residence, in the nighttime with the intent to commit the crime of assault. On the same date, Hill unlawfully assaulted the victim with a tire iron, with intent to do bodily harm to the victim.
The charge is merely an accusation and Hill is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hill was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Retired High School Teacher Charged with Attempting to Engage in Illicit Sex with a MinorRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a retired high school teacher in Sedalia, Mo., was charged in federal court today with arranging to meet a woman and her 14-year-old daughter (actually an undercover law enforcement officer) for illicit sexual activity.
Paul Robert Cannon, 71, of Sedalia, Mo., was charged in a criminal complaint filed in the U.S. District Court in Jefferson City, Mo., with attempting to induce a minor to engage in illicit sexual activity. Cannon was arrested today and remains in federal custody pending an initial court appearance on Monday, Feb. 1, 2016.
According to an affidavit filed in support of today’s federal criminal complaint, Cannon posted an advertisement on Craigslist on Jan. 18, 2016, entitled “Grandpa looking for a couple with kids.” The posting read, “Grandpa looking for a couple that would like to include their kids in sexual fun. White man, very discreet, very safe, retired teacher, and well endowed. Age and race are not an issue.”
On Jan. 21, 2016, a detective with the Boone County, Mo., Sheriff’s Department responded to the Craigslist advertisement, portraying himself as a single mother with a 14-year-old daughter. Over the next six days, the affidavit says, the detective exchanged numerous e-mails with Cannon. In these exchanges, Cannon allegedly described various sex acts he intended to perform with the minor daughter. He also allegedly offered to have sex with both the mother and minor daughter together and said he was looking for “a continuing relationship.” The detective also exchanged numerous texts with Cannon, the affidavit says, in which Cannon described various sex acts he intended to perform with the minor daughter.
The undercover detective arranged to meet Cannon at a Columbia, Mo., restaurant this afternoon. Cannon offered to buy lunch for the mother and daughter, the affidavit says, before going to their residence for a sexual rendezvous. When Cannon arrived at the restaurant, he was redirected to another nearby restaurant, where he was arrested.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the FBI and the Boone County Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Rapid City Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City man convicted of Possession of Child Pornography was sentenced on January 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shaun Meyer, age 39, was sentenced to 120 months in custody, followed by 20 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Meyer was charged on April 21, 2015, and pleaded guilty on August 28, 2015.
The conviction stems from Meyer knowingly possessing child pornography on a computer in Rapid City between March 2015 and April 2015.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Rapid City Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on January 19, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gary Asmus, age 43, was sentenced to 18 months in custody, 5 years of supervised release, ordered to register as a sex offender, and to pay a $100 special assessment to the Federal Crime Victims Fund.
Asmus was charged on October 21, 2014, and pleaded guilty on September 18, 2015. The conviction stems from Asmus knowingly possessing child pornography on a computer in Rapid City between December 2013 and March 2014.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Asmus was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possessing with Intent to Distribute MethRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on January 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Matthew Wilhelm, age 40, was sentenced to 60 months in custody, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He pled guilty on August 14, 2015.
On March 19, 2015, Wilhelm obtained distributable quantities of methamphetamine, which he intended to distribute within South Dakota.
This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Wilhelm was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Escape from CustodyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on January 27, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher Alan Becker, age 32, was sentenced to 12 months and 1 day in custody, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Becker was indicted for the charge on August 18, 2015. Becker pleaded guilty on October 30, 2015.
The conviction stems from Becker escaping from the custody of the Bureau of Prisons at the Community Alternatives of the Black Hills, where he was in custody on August 13, 2015.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Becker was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for ArsonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Arson was sentenced on January 20, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Moses Catches, age 26, was sentenced to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Catches was indicted for the charge on December 16, 2014. Catches pleaded guilty on June 2, 2015.
The conviction stems from Catches partially filling a bottle with gas on September 26, 2013, near Pine Ridge, and then giving this bottle to his brother, who lit the Molotov cocktail and threw it through the window of an occupied structure.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Prison Guard Convicted of Having Sex with InmateRead the Press Release
HOUSTON - A former prison guard at the federal prison camp in Bryan has entered a guilty plea to two counts of sexual abuse of a ward, announced U.S. Attorney Kenneth Magidson.
Kendrick Desmond Brooks, 45, of Bryan, was charged with engaging in a sexual relationship with an inmate who was under his custodial, supervisory or disciplinary authority.
Brooks was an employee at the federal prison camp in Bryan. He admitted that in November 2014, he picked up a female inmate who was in official detention at the camp and told her they were going to the “comm shop.” Once there, Brooks pulled the inmate’s pants down and they engaged in sexual contact and intercourse.
Then, in January 2015, Brooks met the inmate in the hallway while she was on route to the commissary and asked her to help him fix the temperature in the chapel/education area. They went to the boiler room located at the back of the educational section, at which time they again engaged in sexual contact.
At the time of these acts, Brooks was an employee of the federal prison camp and the inmate was in official detention and under his custodial, supervisory or disciplinary authority.
U.S. District Judge Ewing Werlein Jr. accepted the guilty plea today and has set sentencing for May 6, 2016. At that time, he faces up to 15 years in federal prison and a possible $250,000 fine. He was permitted to remain on bond pending that hearing.
The charges are the result of an investigation conducted by the Office of Inspector General. Assistant U.S. Attorneys Ruben R. Perez and Jill Stotts are prosecuting the case.
Postal Worker Pleads Guilty to Stealing $68,000 in Sports Trading CardsRead the Press Release
BOSTON – A Dorchester woman pleaded guilty today in U.S. District Court in Boston to stealing 23 sports trading cards valued at $68,668 from the U.S. Mail while working as a clerk at the U.S. Post Office in Jamaica Plain.
Venecia McLaren, 30, pleaded guilty to one count of theft of mail by a postal service employee. U.S. District Court Senior Judge Mark L. Wolf scheduled sentencing for April 25, 2016.
On Jan. 21, 2015, McLaren stole a Priority Express Mail package containing sports trading cards from the Post Office in Roxbury. McLaren then gave her sister, Ophelia McLaren, from Queens, N.Y., a portion of the stolen cards to sell with the understanding that the two would share the proceeds. McLaren and her sister then posted some of the stolen cards for sale online. In late March and early April 2015, McLaren sold nine of the cards to a good faith purchaser. Around that same time, federal agents established undercover web-based accounts to communicate with Venecia McLaren and her sister. On April 9, 2015, after communicating with agents, McLaren sold three of the cards to an undercover agent in Boston and offered to sell a fourth. She was placed under arrest. On that same date, McLaren’s sister and brother, Lennica McLaren, were arrested after they attempted to sell four of the stolen trading cards to an undercover agent in New York.
Ophelia and Lennica McLaren have since pleaded guilty to larceny charges in Queens County Criminal Court, New York.
The charge of mail theft by a postal employee provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000 and restitution.Actual sentences for federal crimes are typically less than the maximum penalties.Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Eileen Neff, Special Agent in Charge of the U.S. Postal Service, Office of the Inspector General, Northeast Area Field Office; and Boston Police Commissioner William Evans, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney William F. Bloomer of Ortiz’s Major Crimes Unit.
Possession of 309 Counterfeit Gift CardsRead the Press Release
Contact Person: A Bradley Parham (843) 665-6688
Florence, South Carolina ---- United States Attorney Bill Nettles stated today that Raquan Etheridge, age 28, of Long Island City, New York was sentenced on January 27, 2016 by United States District Judge R. Bryan Harwell in federal court in Florence, to 42 months imprisonment and ordered to pay $7,986.31 in restitution for knowingly possessing 309 counterfeit gift cards with intent to defraud, a violation of Title 18, United States Code, Section 1029(a)(3).
Evidence presented at the guilty plea hearing established that on January 23, 2015, deputies with the Dillon County Sheriff’s Office responded to a report that an individual driving a Gold minivan with Florida license plates was attempting to use a stolen credit card in a business in Latta. Shortly thereafter, deputies located a van matching that description and identified Etheridge as the driver. During a search of the van deputies recovered 309 counterfeit gift cards which had been encoded with unauthorized account numbers belonging to numerous other individuals. Also found in the van were receipts reflecting purchases of cigarettes from businesses in different states, including Virginia and South Carolina, which purchases were made with some of the counterfeit cards encoded with unauthorized account numbers. In addition, over 170 cartons and 193 loose packs of cigarettes were recovered from the van.
The case was investigated by agents of the United States Secret Service with the assistance of the Dillon County Sheriff’s Office. Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.
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Pine Ridge Woman and Man Plead Not Guilty to Murder and Accessory to MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a federal grand jury has indicted a Pine Ridge, South Dakota, woman for First Degree Murder, and a Pine Ridge, South Dakota, man for Accessory to First Degree Murder.
Elizabeth Ann LeBeau, a/k/a Ann LeBeau, age 23, and Fred Quiver, a/k/a Fred Brings Plenty, age 29, were indicted on January 26, 2016. LeBeau and Quiver appeared before U.S. Magistrate Judge Daneta Wollmann on January 29, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for LeBeau is life in prison and/or a $250,000 fine, and 5 years of supervised release. The maximum penalty upon conviction for Quiver is up to 15 years in custody and/or a $125,000 fine, and 3 years of supervised release.
The Indictment alleges that on or between January 1 and January 3, 2016, LeBeau murdered Emily Bluebird by strangulation, and that Quiver was an accessory to Bluebird’s murder.
The charges are merely an accusation and LeBeau and Quiver are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
LeBeau and Quiver were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Felony Child Abuse and Neglect and Assault Resulting in Serious Bodily Injury was sentenced on January 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy White Plume, age 37, was sentenced to 96 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
White Plume was charged on January 23, 2013, and was found guilty by a jury after a trial in federal court on July 14, 2015.
The conviction stems from White Plume assaulting a three-month old infant, causing life-threatening and permanent injuries.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
White Plume was immediately turned over to the custody of the U.S. Marshals Service.
Philadelphia Doctor Charged in Scheme to Defraud Social SecurityRead the Press Release
PHILADELPHIA – An indictment was unsealed today charging Dr. Frederick Douglas Burton, 67, of Conshohocken, PA, with two counts of mail fraud and attempted mail fraud, announced United States Attorney Zane David Memeger.
According to the indictment, in November 2013, Dr. Burton met with Dr. Dennis Erik Fluck Von Kiel and agreed to sign and send letters to support what Von Kiel knew would be a fraudulent application for social security disability benefits. The letters contained representations that Von Kiel was unable to work as a result of Post-Traumatic Stress Disorder. Burton was not a psychiatrist, had no specialized mental health training, and did not diagnose Dr. Von Kiel with PTSD or receive a referral from another doctor who had diagnosed Dr. Von Kiel with PTSD. In order to help Von Kiel file a fraudulent application for social security disability benefits, Burton allegedly signed and mailed two letters, containing false representations, to a law firm that specializes in social security benefit applications.
If convicted, Dr. Buton faces a maximum possible sentence of 40 years in prison, followed by up to three years of supervised release, a possible fine, and a $200 special assessment.
The case was investigated by IRS Criminal Investigations and the FBI. It is being prosecuted by Assistant United States Attorney Mark B. Dubnoff.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pagans Motorcycle Club Members Sentenced for Firearms ViolationsRead the Press Release
Two additional members of the Pagans Motorcycle Club (PMC) were sentenced yesterday by United States District Judge Donald L. Graham in Fort Pierce, after being convicted of firearms charges.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, A. Lee Bentley, III, United States Attorney for the Middle District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Paul Wysopal, Special Agent in Charge, Federal Bureau of Investigation (FBI), Tampa Field Office, Carlos A. Canino, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, Regina Lombardo, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Tampa Field Division, J. Michelle Morris, Chief, Sebastian Police Department, Diane Hobley-Burney, Chief of Police, Fort Pierce Police Department, Ken J. Mascara, Sheriff, St. Lucie County Sheriff’s Office, William D. Snyder, Sheriff, Martin County Sheriff’s Office, Ben Johnson, Sheriff, Volusia County Sheriff’s Office, and Ronald Wright, Chief, South Daytona Police Department, made the announcement.
Richard Todd Badali, 53, of Casselberry, Florida was previously found guilty by a jury of the unlawful sale of a firearm to a convicted felon, in violation of Title 18, United States Code, Section 922(d)(1), and possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1). Badali was sentenced to 18 months in federal prison, to be followed by two years of supervised release.
Thomas Richard Laakmann, 60, of Orange City, Florida, was previously found guilty by a jury of sale of a firearm to a convicted felon, in violation of Title 18, United States Code, Section 922(d)(1), and possession of a firearm by a person convicted of misdemeanor crime of domestic violence, in violation of Title 18, United States Code, Section 922(g)(9). Laakmann was sentenced to 12 months in federal prison, to be followed by two years of supervised release.
According to statements made in court and documents filed in the case, Badali was a ranking member of the PMC and in charge of all PMC members in Florida. Laakmann was a rank-in-file member of the PMC. Pursuant to the sentencing order, Badali and Laakkmann are also prohibited from associating with members and associates of the PMC while on supervised release.
The sentencing of Badali and Laakkmann concludes a multi-jurisdictional law enforcement investigation into the illicit conduct of PMC members that spanned a number of years. During the course of the investigation, the FBI was able to infiltrate the PMC operating in Florida and documented the unlawful distribution of narcotics and firearms. According to court records, much of the criminal conduct, including the firearms offenses committed by Badali and Laakmann, took place at a former PMC club house in Sebastian, Florida. Other unlawful transactions occurred in Miami, Ft. Lauderdale, Fort Pierce, Stuart, and Daytona Beach. During the course of the undercover operation, law enforcement purchased 24 firearms from PMC members and their associates. Many of the illegal firearms sellers had prior criminal convictions. In addition, many of the recovered firearms were determined to be stolen or had obliterated serial numbers. In addition, controlled substances, including cocaine, prescription pills and marijuana were also purchased from the targets during the course of the undercover investigation.
In addition to Badali and Laakkmann, eight other individuals previously pleaded guilty and have been sentenced for their participation in narcotics and firearms offenses related to this investigation, including: William Tendrich, 40, of Fort Pierce, was sentenced to 15 years’ imprisonment for firearms offenses; Anthony Posadas, 67, of Fort Pierce, was sentenced to 18 months’ imprisonment for firearms offenses; Michael Clancy, 58, of Vero Beach, was sentenced to 2 years’ imprisonment for narcotics (cocaine) offense; Jorge Duquen, 53, of Miami, was sentenced to 10 months’ imprisonment for a narcotics (cocaine) offense; Hector Garcia, 62, of Miami, was sentenced to 18 months’ imprisonment for a narcotics (cocaine) offense; Michael Carter, 62, of New Smyrna Beach, was sentenced to 51 months’ imprisonment for firearms offenses; Robert Klimkowski, 61, of Melbourne, was sentenced to 1 year of probation for narcotics offenses; and Thomas Close, 60, of Sebastian, was sentenced to 15 years’ imprisonment for a firearm offense.
Mr. Ferrer commended the investigative efforts of the FBI, ATF, Sebastian Police Department, Fort Pierce Police Department, St. Lucie County Sheriff’s Office, Martin County Sheriff’s Office, Volusia County Sheriff’s Office, and South Daytona Police Department. These cases were prosecuted by Assistant United States Attorneys for the Southern District of Florida Russell R. Killinger and Adam McMichael, Special Assistant United States Attorney Southern District of Florida Ryan L. Butler, and Assistant United States Attorney for the Middle District of Florida Bruce Ambrose.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Northwest Side Pharmacist Sentenced to a Year and a Day in Federal Prison for Selling Counterfeit Viagra and CialisRead the Press Release
CHICAGO — A suspended Chicago pharmacist was sentenced today to a year and a day in federal prison for dispensing counterfeit erectile-dysfunction pills he had imported from China.
MICHAEL MARKIEWICZ sold approximately 1,600 counterfeit Viagra and Cialis tablets without a prescription to customers at his Northwest Side pharmacy. Markiewicz had ordered the phony pills from China via the Internet. Had the pills been genuine, their retail value would have been approximately $35,000.
Markiewicz, 39, of Norridge, pleaded guilty last year to one count of trafficking and attempting to traffic in a counterfeit drug, and one count of dispensing a counterfeit drug with the intent to defraud and mislead.
In addition to the prison term, U.S. District Judge John Z. Lee also fined Markiewicz $10,000 and ordered him to forfeit his pharmacy to the government.
“Defendant’s conduct risked the health of his customers, both by ordering a drug with mysterious origins and by giving it to patients without a doctor’s authorization,” Assistant U.S. Attorney Samuel B. Cole argued in the government’s sentencing memorandum. “It was a substantial breach of trust by a medical professional.”
According to Markiewicz’ plea agreement, the counterfeit tablets from China were shipped in boxes that purported to contain pens. The customs declaration described the packages as containing only the pens, without identifying the hidden tablets. Markiewicz sold the counterfeit tablets in his pharmacy for at least $20 per pill, according to the plea agreement.
The Illinois Department of Professional Regulation suspended Markiewicz’ pharmacist license in 2012, and it also revoked the pharmaceutical privileges of his business, Belmont Pharmacy. Markiewicz had most recently been operating the business as an herb and nutrient retailer in the same location, 6148 W. Belmont Ave. in Chicago.
The sentencing was announced today by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Mark S. McCormack, Acting Special Agent-in-Charge of the U.S. Food and Drug Administration’s Office in Chicago; and Antonio Gómez, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago.
The government is represented by Mr. Cole and Assistant U.S. Attorney Eric S. Pruitt.
North Pole Man Sentenced to Thirteen Years in Prison for Fairbanks Methamphetamine, Heroin, and Firearms OffensesRead the Press Release
Fairbanks, Alaska — U.S. Attorney Karen L. Loeffler announced today that a North Pole man was sentenced in federal court in Fairbanks for one count of trafficking methamphetamine and heroin, and one count of possessing a firearm in furtherance of a drug trafficking crime.
Ray Don Groskreutz, 39, of North Pole, Alaska, was sentenced today by U.S. District Judge Ralph R. Beistline, to thirteen years in prison, to be followed by four years of supervised release.
According to Assistant U.S. Attorney Andrea Hattan, who prosecuted the case, Groskreutz was apprehended on July 27, 2015, after the Alaska State Troopers (AST) conducted a welfare check at the Fairbanks hotel where Groskreutz was staying. AST confirmed Groskreutz was on court-ordered release in connection with three separate state criminal cases. When AST encountered him, Groskreutz admitted he had been “shooting up” earlier that day, and agreed to be searched: Groskreutz had a loaded .380 caliber handgun on his hip, along with nearly $6,000 in cash and a Taser in his front pants pocket. Further investigation revealed that Groskreutz’s backpack – which AST found in his room – contained over 200 grams of methamphetamine, 71.1 grams of heroin, $11,000 cash, a drug ledger, a digital scale, and numerous small unused plastic baggies, and drug paraphernalia. Groskreutz’s van, parked at the hotel, contained another 14 firearms and numerous rounds of ammunition, which he has agreed to forfeit and which he admitted were proceeds of and/or facilitated his drug trafficking crime.
As part of his plea deal with the United States, Groskreutz has agreed to resolve all of his numerous pending state criminal matters. For instance, as detailed in his plea agreement, Groskreutz has agreed to plead guilty to one count of misconduct involving weapons in the third degree as charged in State of Alaska v. Groskreutz, No. 4FA-12-01406CR (i.e., a crime that arose on June 9, 2011), and to one count of burglary in the second degree as charged in State of Alaska v. Groskreutz, No. 4FA-14-03341CR (i.e., a crime that arose in June 2014).
During the sentencing hearing, Judge Beistline noted that the defendant had been “on a crime spree for the last three years” related to guns and drugs.
“This prosecution represents our continuing efforts, working cooperatively with our State and local partners to focus on our mission to protect public safety by working to reduce the damaging effects of drug trafficking and weapons,” said U.S. Attorney Loeffler.
“This habitual offender no longer poses a threat to the residents of Fairbanks,” added DEA Special Agent in Charge Keith Weis, who commended the participating agencies’ efforts and the court’s sentencing.
U.S. Attorney Loeffler commended the U.S. Drug Enforcement Administration (DEA) and the Alaska State Troopers Fairbanks Statewide Drug Enforcement Unit for their investigation of this case, as well as the Fairbanks District Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for their assistance in this matter.
North Pole Man Sentenced to Eight Months in Prison for Passport Fraud Committed in FairbanksRead the Press Release
Fairbanks, Alaska — U.S. Attorney Karen L. Loeffler announced today that a North Pole man was sentenced in federal court in Fairbanks for one count of presenting a false application for a United States Passport.
Bryan Edward Tucker, 41, of North Pole, Alaska, was sentenced today by U.S. District Judge Ralph R. Beistline, to eight months in prison, to be followed by one years of supervised release.
According to Assistant U.S. Attorney Andrea W. Hattan, who prosecuted the case, Tucker presented a fraudulent application for a United States passport at the United States Post Office on Barnette Street in downtown Fairbanks. In doing so, Tucker used his brother’s name and identification information, and presented an Alaska driver’s license bearing his photograph but issued in his brother’s name, as well as a copy of his brother’s birth certificate. Tucker certified, under penalty of perjury, that his passport application was true and correct, and that the documents he had presented were not false.
Further investigation revealed that Tucker had been using his brother’s identity for nearly a year to obtain identification documents that were necessary to obtain an Alaska commercial driver’s license (CDL). Tucker admitted that he did so because he knew that Alaska law prohibited him from obtaining a CDL in his own name due to his prior Alaska convictions for driving under the influence of alcohol in 2012 and 2014, respectively. Before getting caught, Tucker obtained the following documents in his brother’s name: social security card, a medical examiner’s certificate from Alaska Occupational Health, and two standard Alaska driver’s licenses issued in his brother’s name.
During the sentencing hearing, Judge Beistline expressed the seriousness of the crime and the need to deter “at a time when the integrity of a passport is especially important.”
“Lying about your identify in order to obtain official documents has serious implications,” said Kevin Feldis, First Assistant U.S. Attorney. “Trying to obtain a passport with your photograph in someone else’s name, for whatever reason, is a serious crime. In this case, the defendant was trying to hide prior crimes that were directly relevant to whether or not he was qualified and had earned the right to obtain a commercial driver’s license. I commend the investigators who handled this case.”
U.S. Attorney Loeffler commended the U.S. Department of State Diplomatic Security Service and the Alaska State Troopers for their investigation of this case, as well as the United States Marshals Service for their assistance in this matter.
Nevada Man Sentenced in Marijuana ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Reno, Nevada, man convicted of Conspiracy to Distribute Marijuana was sentenced on January 25, 2016, by U.S. District Judge Karen E. Schreier.
Robert Lukasz Rydlewski, age 31, a citizen of Poland, was sentenced to 30 months in custody, to be followed by 4 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Rydlewski was indicted by a federal grand jury on February 4, 2015. He pled guilty on November 4, 2015.
Rydlewski was a member of a conspiracy formed in about January 2012, to distribute marijuana in South Dakota and elsewhere. While he was living in California, he used cash sent to him by a co-conspirator to purchase marijuana from individuals running a marijuana grow operation in California. He then mailed the marijuana to the co-conspirator at different locations, including South Dakota.
Later on, Rydlewski set up deals for the sale and purchase of marijuana with several co-conspirators who were living in South Dakota. The co‑conspirators traveled to California to meet with Rydlewski. He sold them marijuana which was put in triple vacuum-sealed packages inside suitcases. The co-conspirators would bring Rydlewski suitcases of money, and he would in turn give them the suitcases of marijuana.
This case was investigated by the Sioux Falls Police Department, the South Dakota Division of Criminal Investigation, Immigration and Customs Enforcement, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney John E. Haak prosecuted the case.
Rydlewski was immediately turned over to the custody of the U.S. Marshals Service.
Nashua Felon Arrested in New Fraud SchemeRead the Press Release
BOSTON – A Nashua man was arrested yesterday in connection with defrauding investors in a purported water resource company and laundering money obtained through various online fraud schemes.
Edmond P. LaFrance, 70, was charged in a complaint with wire fraud and money laundering. LaFrance was convicted in federal court in 1990 of structuring currency transactions, making false statements and conspiracy to defraud the United States and a second time in 2007 of wire fraud and making false statements.
The criminal complaint alleges that from 2012 to 2013, LaFrance solicited investments and loans for a shell company he created – Natural Waters – that fraudulently claimed to buy and sell mineral water in bulk. In fact, there were no mineral water sales and a large portion of the investor money LaFrance received for Natural Waters was directed to his own uses or transferred to co-conspirators. The complaint further alleges that around 2015, LaFrance laundered money for various online fraud schemes being perpetrated by individuals located primarily outside of the United States. LaFrance allegedly accepted hundreds of thousands of dollars from victims he did not know, and with whom he had no business relationship, and wired the money to third parties whose true identities were concealed from the victims.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and restitution. The charge of money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $500,000 and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Stephen P. Heymann of Ortiz’s Economic Crimes Unit.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Multiple Defendants in Synthetic Marijuana, Bath Salts Distribution Ring SentencedRead the Press Release
Jackson, TN – Fourteen members of a drug ring responsible for manufacturing and distributing hundreds of thousands of dollars’ worth of synthetic cannibinoids and synthetic cathinones have been collectively sentenced to more than 290 months in federal prison. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentencings today.
The defendants and their respective sentences include:
- Saed Abdeljawwad: 24 months, 2 years supervised release
- Mohammed Sadek: 12 months, 2 years supervised release
- Ali Safa: 6 months, 6 months home detention, 2 years supervised release
- Mohammed Khalil: 60 months, 3 years supervised release
- Ehab "Mark" Rezk: 30 months, 3 years supervised release
- Hussein Salloukh: 48 months, 3 years supervised release
- Nazem Salloukh: 36 months, 3 years supervised release
- Ahmed "Eddie" Elsebae: 48 months, 3 years supervised release
- Akram Nagi: 6 months, 2 years supervised release
- Paula Neil Kirk: 2 years probation, 6 months home detention
- Irene Rosas-Montalvo: Time served, 12 months supervised release
- Deok Hee "Simon" Han: 27 months, 3 years supervised release
- Hani Tarhini: 2 years probation, 6 months home detention
- See Wan "Steven" Kang: 2 years probation, 6 months home detention
- Hassan "Sam" Safa: Fugitive
- Mahmoud "Steve" Safa: Fugitive
According to information presented in court, between 2011 and 2013, all of the defendants conspired to distribute large quantities of Schedule I and Analogue synthetic cannibinoids (marijuana simulates, aka "spice" or "K2") and synthetic cathinones (cocaine/methamphetamine simulates, aka "bath salts") throughout West Tennessee and other areas of the country.
Synthetic marijuana is made by mixing a raw Schedule 1 drug and analogue powder chemicals with surfactants, acetone, and glue, and spraying damiana, a dried vegetable matter, for a product which can be smoked. To manufacture bath salts, Schedule 1 drugs and Analogues are mixed and cut with adulterants, and packaged for snorting or ingesting.
Defendants involved with the drug ring either manufactured, distributed, or obtained units of drugs and/or wired currency and deposited proceeds into bank accounts to further the conspiracy. Some of the defendants worked as owners, managers, and retail clerks at Jackson area gas stations and convenience stores.
In February 2011, multiple packages containing synthetic cannibinoids and cathinones were intercepted by officers with the Jackson Metro Narcotics Unit. Testing revealed the substances were both Schedule I and Analogues of Schedule I substances. Subsequently, law enforcement discovered the same types of drugs were being sold at area gas stations and convenience stores. In November 2011, officers served a series of search warrants on local gas stations and convenience stores, many of which were owned by the defendants. Synthetic cannibinoids and cathinones were seized, as well as tens of thousands of dollars in currency. Amongst the substances being sold at the establishments were AM2201; JWH-018; JWH-081; Methylone; MDPV; UR-144; XLR11; 5-MeO-DALT; and 5-Fluoro-PB22.
In February 2012, law enforcement seized more synthetic cannibinoids and synthetic cathinones at gas stations and convenience stores in another round of search warrants. Law enforcement’s investigation discovered hundreds of thousands of these drugs were being ordered and sold by Hassan Safa and Ahmad Elsebae. The synthetic drugs were being shipped throughout the Western District of Tennessee and other states.
In summer 2012, packages were intercepted from the United States Postal Service and FedEx, all containing Schedule I drugs and Analogues. It was determined that Hassan Safa obtained the raw chemicals from China. The chemicals were reportedly being cooked or manufactured at office buildings Hassan Safa owned in Jackson. He supplied various stores with the drugs to sell.
The investigation revealed that each defendant was involved in the conspiracy with Safa. In 2013 and 2014, all of the above defendants were indicted for their roles in the conspiracy to distribute synthetic cannabinoids and synthetic cathinones, among other charges.
Over $1.4 million in assets have been forfeited as a result of the investigation, including residences, local convenience stores, a grocery store, and more than $150,000 in bank deposits. The forfeitures come from both Operation Desert Spice and a separate civil forfeiture case against assets owned by fugitive defendants Hassan Safa and Mahmoud Safa.
The investigation was conducted by the Tennessee Bureau of Investigation; Drug Enforcement Administration; Internal Revenue Service; Jackson-Metro Narcotics Unit; Jackson Police Department; Madison County Sheriff’s Office; and the Tennessee Highway Patrol.
Assistant U.S. Attorneys Matt Wilson and Chris Cotten prosecuted these cases on the government’s behalf.
Morrisville Man Arrested for Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Michael Caraher, 26, of Morrisville, New York, was arrested yesterday on charges of receipt and possession of child pornography following the execution of a search warrant at his residence by Special Agents of the Federal Bureau of Investigation ("FBI"), announced United States Attorney Richard S. Hartunian.
The defendant appeared yesterday in federal court in Syracuse, New York, before United States Magistrate Judge Andrew T. Baxter. He is being held in custody pending a detention hearing set for Tuesday, February 2, 2016.
If convicted of receiving and possessing child pornography, Michael Caraher faces a mandatory minimum sentence of five (5) years imprisonment and a maximum term of 20 years imprisonment, a fine of up to $250,000, a term of supervised release of at least 5 years and up to life, and mandatory registration as a sex offender. Actual sentences are typically less than the maximum penalties and are imposed by a judge based on U.S. Sentencing Guidelines and other statutory factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case was investigated by The FBI, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Mission Man Indicted for Domestic Assault by an Habitual Offender and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for four counts of Domestic Assault by an Habitual Offender and three counts of Child Abuse.
Jodie Brave, age 45, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on January 28, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of domestic assault by an habitual offender is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each count. The maximum penalty upon conviction of child abuse 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 for each count. Restitution may also be ordered.
The charges are merely accusations and Brave 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 Albertson is prosecuting the case.
Brave was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Man Charged with Possession of a Firearm and Possession with Intent to Distribute MarijuanaRead the Press Release
United States Attorney Randolph J. Seiler announced that an Ellsworth, Minnesota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession with Intent to Distribute a Controlled Substance.
Lugene Rayfeal Russell, age 46, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, followed by 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 16, 2015, at Fort Thompson, Russell knowingly possessed a firearm and was a prohibited person, including having a prior felony. Russell also knowingly and intentionally possessed with intent to distribute marijuana.
The charges are merely an accusation and Russell is 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.
Russell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mexican Drug Trafficker Sentenced to 30 Years in PrisonRead the Press Release
PHILADELPHIA – Francisco Lopez, 37, a Mexican national formerly residing in Tuscon, Arizona, was sentenced today to 360 months in prison for drug trafficking. Lopez was the leader of an international drug trafficking organization which brought thousands of kilograms of marijuana from Mexico and laundered millions of dollars of drug proceeds. On May 14, 2015, a federal jury found Lopez guilty of conspiracy to distribute 1,000 kilograms or more of marijuana, conspiracy to commit money laundering, two counts of money laundering, distribution of 100 kilograms of marijuana, and illegal reentry after deportation.
Lopez had been operating his drug trafficking business since at least January 2010, overseeing the transport of drugs from Mexico in tractor-trailers or through Federal Express Freight to customers in the Philadelphia and New York City areas. At times, the organization was grossing an estimated $4 million a month in drug sales. The cash from these sales was returned to Mexico via cars, tractor trailers, and numerous bank deposits through countless bank accounts, and with the assistance of associates throughout the country.
In addition to the prison term, U.S. District Court Judge Paul S. Diamond ordered a $600 special assessment, five years of supervised release, and a forfeiture money judgment of $1,464,670.
As a result of the investigation, Lopez and 10 of his associates were federally prosecuted. Of those, seven were convicted in the Eastern District of Pennsylvania; two were convicted by the Middle District of North Carolina; and one was convicted in the District of New Jersey.
The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) led Philadelphia/Camden High Intensity Drug Trafficking Area (PC HIDTA) Money Laundering and Drug Asset Forfeiture Task Force. It was prosecuted by Assistant United States Attorney Maria M. Carrillo.
Mesquite Man Sentenced to 20 Years in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — Robert Bruce Lloyd, 76, of Mesquite, Texas, was sentenced this afternoon by U.S. District Judge Sidney A. Fitzwater to 240 months in federal prison, following his guilty plea in July 2015 to one count of receipt of child pornography. U.S. Attorney John Parker of the Northern District of Texas made the announcement today.
Lloyd has been in custody since his arrest in January 2015 on a related federal criminal complaint.
According to documents filed in the case, the FBI learned that a specific IP address, later identified as Lloyd’s, was downloading and sharing files indicative of child pornography. In January 2015, FBI special agents executed a search warrant at Lloyd’s residence and seized his computer and other media. A forensic analysis located more than 1000 images and videos of child pornography on Lloyd’s computer and other media. Lloyd admitted that he received and possessed images that included bondage and sadistic acts involving minors.
According to information presented during today’s sentencing hearing, Lloyd admitted that he had collected child pornography for 30 years. Judge Fitzwater noted that the child pornography was some of the worst he had ever seen, with some depicting sadistic acts done to children as young as three months old.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the 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 sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated. Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
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McLaughlin Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating and Wounding was sentenced on January 21, 2016, by U.S. Magistrate Judge William D. Gerdes.
Marc Dog Eagle, age 50, was sentenced to 1 year of probation, and a special assessment of $25 to the Federal Crime Victims Fund.
Dog Eagle was indicted by a federal grand jury on November 13, 2014. He pled guilty on November 2, 2015.
The conviction stemmed from an incident on October 23, 2014, when a Bureau of Indian Affairs Officer was dispatched to a residence in McLaughlin, regarding an incident that had occurred between Dog Eagle and his step-daughter, the victim. Dog Eagle and the victim were involved in a disagreement, during which time Dog Eagle struck the victim on her body, against her will.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
McLaughlin Man Charged with Domestic Assault by an Habitual OffenderRead 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 Domestic Assault by an Habitual Offender.
Sheldon Crow Ghost, age 31, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on January 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 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 11, 2015, Crow Ghost assaulted his partner. At the time of the domestic assault, Crow Ghost had a final conviction on at least two separate occasions for offenses that would have been, if subject to Federal jurisdiction, an assault against a spouse and intimate partner.
The charge is merely an accusation and Crow Ghost 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.
Crow Ghost was released on bond pending trial. A trial date has not been set.
Massachusetts Woman Pleads Guilty to Distributing Crack CocaineRead the Press Release
Contact: Jody Mullis
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Tawana Smith, a/k/a “Tawana Greene,” a/k/a “T,” 24, of Springfield, Massachusetts, pleaded guilty today in U.S. District Court to distributing cocaine base, commonly known as crack cocaine.
According to court records, on July 8 and July 15, 2015, Smith distributed crack cocaine in the parking lot of two Bangor area hotels. On each occasion, Smith was contacted by an individual cooperating with law enforcement, she arranged the time and location of the transaction, and she sold crack cocaine for $300.
Smith faces up to 20 years, a $1,000,000 fine, and between three years and a life on supervised release on each count. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration.
Manderson Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on January 27, 2016, by U.S. Magistrate Judge Daneta Wollmann.
Frank Boerschig, age 50, was sentenced to 3 months in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Boerschig was indicted for the charge on September 15, 2015, and pleaded guilty on December 11, 2015.
The conviction stems from Boerschig not complying with the commands of an officer, and then wrestling with and striking the officer in the upper lip on June 24, 2015, at Manderson.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Boerschig was immediately turned over to the custody of the U.S. Marshals Service.
Manderson Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on January 27, 2016, by U.S. Magistrate Judge Daneta Wollmann.
John Holy Rock, age 21, was sentenced to 18 months of probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Holy Rock was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on April 22, 2014. Holy Rock pleaded guilty to Assault by Striking, Beating, or Wounding on December 4, 2015.
The conviction stems from Holy Rock striking the victim in the head with a 2” x 4” board on January 1, 2013. This assault resulted in injuries to the victim’s cheek and eye socket.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Manchester Woman Pleads Guilty to Robbing Credit UnionRead the Press Release
CONCORD, N.H.– Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that MELISSA BOUCHER, 27, previously of Manchester, New Hampshire, pleaded guilty today before United States District Judge Landya B. McCafferty to an information charging her with one count of bank robbery in violation of Title 18, United States Code, Section 2113(a).
According to court documents and statements made in court, BOUCHER was pressured to rob a bank by an individual with whom she was engaged in a romantic relationship. After drafting a demand note and providing BOUCHER instructions, that individual led BOUCHER to the Member’s First Credit Union at 44 Bridge Street in Manchester on the morning of March 3, 2015. BOUCHER, who was unarmed at the time, did as she had been instructed, passing the note to the teller, and fleeing the premises with approximately $6,250. The proceeds were then divided between her and the other individual. BOUCHER then utilized a portion of the proceeds to purchase heroin, on which she overdosed. When paramedics were able to resuscitate her, large amounts of cash fell out of her clothing. She was arrested and has remained in custody on a New Hampshire state parole violation since her arrest.
BOUCHER is scheduled to be sentenced by Judge McCafferty on June 6, 2016 at 2:00 p.m., at which time she faces a maximum term of imprisonment of twenty years, up to three years’ supervised release, and a fine of $250,000. She also faces a mandatory restitution order to Member’s First Credit Union.
This matter is being investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Charles L. Rombeau.
Man Admits Operating India-Based Web Pharmacy that Sold Misbranded Rx Drugs to U.S. ConsumersRead the Press Release
PITTSBURGH - A resident of India pleaded guilty today to charges in a third superseding indictment in Pittsburgh, United States Attorney David J. Hickton announced today.
Zuned Sunesra, 36, of Mumbai, India, pled guilty before the Honorable Cathy Bissoon to charges of conspiracy to commit crimes against the United States, conspiracy to distribute controlled substances, and conspiracy to commit money laundering.
According to information presented to the Court, from November 2005 to August 2014, defendant Zuned Sunesra, and his coconspirators Javed Sunesra, Bismilla Sunesra and Samir Taslimant operated pharmacy websites based out of India called the Emedoutlet.com Network. From these websites, the Sunesras, aided and abetted by others, conspired to distribute unapproved and misbranded prescription drugs into the United States without a prescription. These prescription drugs included “standard” prescription drugs as well as Schedule IV and V controlled substances commonly known as Soma, Darvocet, Meridia, Provigil, and Lyrica which were imported into the United States from India. Many of the sales of these drugs were done without requiring a patient prescription, were done without adequate directions for use and were supplied from unlicensed pharmacies in India.
In addition, the defendant, acting together with others, deceived customers of Emedoutlet.com by claiming that the drugs sold were FDA approved and were similar to drugs sold in the United States when in fact that was not true. The defendant and his conspirators then laundered the money from the illegal sales by funneling the proceeds of these drug sales from the United States eventually being deposited in bank accounts in the Republic of Mauritius and Dubai.
"The FDA-regulated supply chain for medicines helps protect consumers from prescription drugs that could be harmful or unsafe for them to use. When criminals open the access to prescription drugs online without legitimate supervision of physicians, they place the public health at risk and gamble with the health of those who unknowingly order unauthorized medicines online," said Glen A. McElravy, Acting Special Agent in Charge, Metro Washington Field Office, FDA Office of Criminal Investigations. "We will continue to be vigilant in our efforts to bring such criminals to justice."
“From coast to coast and beyond, the IRS will take every step necessary to ferret out those who attempt to use the financial system to circumvent the law while reaping the benefits of their illegal activity”, stated Edward Wirth, Assistant Special Agent in Charge, Philadelphia Field Office of IRS Criminal Investigation. “This joint effort with the FDA-Office of Criminal Investigations continues to demonstrate our efforts to ensure that the financial services industry will not be used for personal financial gain and will be operated in a fair and honest manner to promote the public interest. Our agencies strive to protect the American public from those who attempt to illegally exploit them.”
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000 or twice the pecuniary gain of the defendants, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Defendant Zuned Sunesra is currently being held without bond.
Assistant United States Attorneys Conor J. Lamb and Jonathan B. Ortiz are prosecuting this case on behalf of the government.
The Food and Drug Administration - Office of Criminal Investigation, through Special Agent Sean Grillo, and the Internal Revenue Service – Criminal Investigation, through Special Agent Neal Bandzak, conducted the joint investigation that led to the conviction in this case.
Major Omaha Gang Members Indicted in Ground-Breaking RICO InvestigationRead the Press Release
United States Attorney for the District of Nebraska Deborah R. Gilg announced the federal Grand Jury for the District of Nebraska has returned a 15 count indictment under the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act, of six individuals of the 40th Ave and 44th Ave Crips. This was a three year long federal and local investigation impacting gun and gang violence coupled with witness intimidation in Northeast Omaha. The individuals indicted, and others, were engaged in criminal activity including, but not limited to drug distribution, witness tampering, and acts of violence involving assault, murder and attempted murder. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty. This investigation was spearheaded by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Omaha Police Department. The United States Attorney’s office will be assisted in the prosecution by trial attorneys from the U.S. Department of Justice, Organized Crime and Gang Section of the Criminal Division. All individuals are from Omaha.
Jerell Haynie, a.k.a. “Bootie,” a.k.a. “T”
Male, Age 32Greg Bahati, a.k.a. “Pooh Bear,” a.k.a. “Murk 2x”
Male, Age 21Dionte Dortch, a.k.a. “Killa Tay,”
Male, Age 22Kendell Tealer
Male, Age 28Brandon Heard, a.k.a. “B”
Male, Age 25Julio Arias, a.k.a. “Rudy”
Male, Age 24
Count 1: (Lead charge) RICO Conspiracy, 18 U.S.C. § 1962(d), All Defendants are charged in Count 1.
Penalties for Haynie, Bahati, Dortch, Heard and Arias: 0-20 years, $250,000, TSR 3 yrs., $100 SA
Penalties for Tealer: Death, NLT Life; $250,000, TSR 5 yrs., $100 SACount 2: Attempted Murder in-aid-of Racketeering, 18 U.S.C. § 1959(a)(5), defendant is Haynie.
Penalties: 0-10 yrs., $250,000, TSR 3 yrs., $100 SACount 3: Attempt to Commit Assault with a Dangerous Weapon in-aid-of Racketeering, 18 U.S.C. § 1959(a)(6), defendant is Haynie
Penalties: 0-3 yrs., $250,000, TSR 1 year, $100 SACount 4: Discharge a Firearm During a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(ii) & 924(c)(1)(A)(iii), defendant is Haynie
Penalties: 10 yrs. to Life, $250,000, TSR 5 yrs., $100 SACount 5: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 6: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 7: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Heard
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 8: Threats in Aid of Racketeering, 18 U.S.C. § 1959(a)(4), defendant is Bahati
Penalties: 0-5 yrs., $250,000, TSR 3 yrs., $100 SACount 9: Brandishing a Firearm During a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(ii), defendant is Bahati
Penalties: 7 yrs. to Life, $250,000, TSR 5 yrs., $100 SACount 10: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2), defendant is Dortch
Penalties: 0-10 yrs., $250,000, TSR 3 yrs., $100 SACount 11: Witness Tampering, 18 U.S.C. §§ 1512(b)(1), 1512(b)(2)(A) & 1512(b)(3), defendant is Dortch
Penalties: 0-20 years, $250,000, TSR 3 yrs., $100 SACount 12: Attempted Obstruction of Justice, 18 U.S.C. § 1512(c)(2) defendant is Dortch
Penalties: 0-20 years, $250,000, TSR 3 yrs., $100 SACount 13: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 14: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SACount 15: Distribution of Cocaine Base, 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C), defendant is Arias
Penalties: 0-20 yrs., $1,000,000, TSR 3 yrs., $100 SAU.S. Attorney Gilg stated: “These gangs formed a criminal enterprise with the sole objective of drug trafficking and protecting their turf by violence including shootings, murder and attempted murder. The use of the RICO tool in the indictment is a warning to other gangs involved in similar conduct that law enforcement will use every method available to interrupt and terminate the cycle of violence and fear perpetuated by these gangs. The witnesses in these cases are courageous and are to be commended for their willingness to stand up and present evidence to the grand jury.”
Luzerne County Man Sentenced to Five Years in Prison for Distributing Bath SaltsRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 35-year-old Kingston resident was sentenced to five years in prison today by U.S. District Court Judge Malachy E. Mannion in Scranton, for his role in a drug conspiracy that distributed alpha-pvp (commonly known as “bath salts”) in 2012-2013 in the Luzerne County area.
According to United States Attorney Peter Smith, the defendant, Frank Brennan, previously pleaded guilty to conspiracy to distribute alpha-pvp. Brennan admitted to participating in the West Pittston-based drug conspiracy and to distributing a kilogram of alpha-pvp, a controlled substance analogue.
Brennan was indicted by a federal grand jury in Scranton in August 2014, as a result of an investigation by agents of the Department of Homeland Security, the Drug Enforcement Administration, United States Postal Inspectors, the Pennsylvania State Police, and West Pittston Police.
Eleven persons have been charged as participants in the conspiracy which involved wholesale suppliers of alpha-pvp based in Texas, and retail distributors of the drug in Luzerne County. All eleven suspects have entered guilty pleas in the case.
Judge Mannion also ordered Brennan to be placed on three years of supervised release following his prison sentence.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
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Long Beach Youth Soccer Coach Indicted on Federal Charges of Possessing and Distributing Child PornographyRead the Press Release
SANTA ANA, California – An Orange County man who coached a Long Beach youth soccer team has been arraigned on a six-count federal indictment that accuses him of possessing and distributing child pornography.
Robert “Bob” Warden Phillips, 65, of Lake Forest, made his initial appearance in federal court Monday and pleaded not guilty to the charges. He was released on a $50,000 bond pending trial, which is slated to begin March 22.
In the fall of 2014, Phillips served as a volunteer for the American Youth Soccer Organization (AYSO), coaching 12- to 14-year-old girls.
The charges against Phillips are the result of a probe by the multiagency Orange County Child Exploitation Task Force, which is overseen by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
“Fighting the exploitation of children is one of the top priorities of my office,” said United States Attorney Eileen M. Decker. “In the case of child pornography, victimization takes place when an image is generated and every time it is distributed. We have and will continue to prosecute vigorously individuals who endanger children by creating a market for their victimization.”
The Task Force began investigating Phillips after receiving multiple tips from the National Center for Missing and Exploited Children (NCMEC) about sexually explicit images of minors associated with an email address that traced back to the defendant. In June 2015, Task Force investigators executed a search warrant issued by a state court judge at Phillips’ Lake Forest home, at which time they seized three computers, an iPad, an iPhone, and several media devices. The indictment alleges two of the computers and a thumb drive were found to contain images of child pornography.
According to the affidavit filed in support of the search warrant, HSI obtained records of online instant message chats in which the defendant fantasized about young female soccer players and discussed grooming and molesting girls as young as 14.
“This case is particularly disturbing given the defendant’s former position as a coach and his close contact with children,” said Joseph Macias, special agent in charge for HSI Los Angeles. “HSI will continue to work closely with its partners on the Task Force to investigate those who sexually exploit young people and ensure that those found guilty of such offenses feel the full weight of the law.”
HSI special agents alerted AYSO’s national office about the allegations and AYSO cooperated fully with the investigation. As soon as AYSO learned of the allegations, the defendant was made ineligible for further service pending the outcome of the case.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Phillips is charged with three counts of distribution of child pornography and three counts of possession of child pornography. If he was convicted of the six felony offenses, he would face a statutory maximum sentence of 90 years in federal prison. Each count of distribution of child pornography carries a mandatory minimum sentence of five years in federal prison.
At this time, authorities do not have any evidence that Phillips molested any of his players; however, investigators have reason to believe there may be unidentified victims in the case. Task Force investigators are asking anyone who may have information relevant to the investigation to contact HSI’s 24-hour toll free tip line at 1-866-DHS-2ICE (1-866-347-2423) or use the agency’s online tip form. Information may be provided anonymously.
The Orange County Child Exploitation Task Force – which also included investigators from the Orange County Sheriff’s Department, the Federal Bureau of Investigation, the Newport Beach Police Department, and the U.S. Postal Inspection Service – investigates Internet-related crimes against children, as well as crimes involving the possession, production and distribution of child pornography.
Las Vegas Man Pleads Guilty to Corporate-Identity Theft SchemeRead the Press Release
ALEXANDRIA, Va. – Myrick Clift Beasley, 56, of Las Vegas, pleaded guilty today to mail fraud charges in connection with a scheme to obtain goods and services on credit using the stolen identities of legitimate, inactive businesses.
In a statement of facts filed with his plea agreement, Beasley admitted that from 2010 through 2015, he assumed the identity of at least 70 legitimate businesses nationwide, and used those stolen identities to obtain, on credit, at least $550,000 in goods and services from various victims. Beasley admitted that, as part of the scheme, he would identify inactive, legitimate businesses that had previously been located in office buildings where virtual office providers were also located. Beasley admitted that we would assume the inactive businesses’ identities by renting virtual office space in the buildings in the names of the legitimate businesses, creating internet domain names and email addresses in the identified businesses’ names, obtaining phone numbers previously identified with the businesses when available, and, at times, supplementing state corporate filings and commercial credit records with fraudulent information designed to further the scheme. Beasley admitted that he concealed his true identity throughout the fraud by using false names and paying for the costs of operating his scheme with prepaid debit cards. Once he would assume a business’s identity, Beasley admitted that he would then order goods and services — particularly, smart phones, computers, and other electronics — from retailers on credit and have the items shipped to the virtual office location, which would then, at his direction, re-ship the items to rented mailboxes elsewhere in the country. Beasley admitted he would then retrieve the items from the rented mailboxes and sell them.
Beasley was indicted by a federal grand jury on Dec. 17, 2015. Beasley faces a maximum penalty of 20 years in prison when sentenced on April 29, 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; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; and Edwin C. Roessler Jr., Chief of the Fairfax County Police Department, made the announcement after the plea was accepted by U.S. District Judge T.S. Ellis, III. Special Assistant U.S. Attorney Christopher R. Fenton and Assistant U.S. Attorney Paul J. Nathanson are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-CR-353.
Las Vegas Man Pleads Guilty to Cocaine PossessionRead the Press Release
On January 28, 2016, Jiwon Jiwon Park, a thirty- seven year old, Las Vegas, Nevada, resident pled guilty in federal district court in East St. Louis, Illinois, to count one of Possession with Intent to Distribute Cocaine, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Park is scheduled for sentencing on May 5, 2016, at which time he faces a mandatory minimum sentence of 10 years in prison and a fine of up to $10,000,000, or both, at least 5 years of supervised release after his prison term, and a mandatory special assessment of $100.
Court proceedings revealed that on June 27, 2015, an Illinois State Police officer conducted a traffic stop on Park, after observing him traveling too close to other vehicles on Interstate 70 in Madison County, Illinois. An ensuing search of the vehicle uncovered approximately 7 kilograms of cocaine hidden in vacuum sealed bags in a box in the trunk of Park’s car.
The investigation of this matter is being conducted by the Department of Homeland Security (DHS) and the Illinois State Police (ISP) and is being prosecuted by Assistant United States Attorney Daniel T. Kapsak.
KC Woman Pleads Guilty to $235,000 Arson, Insurance Fraud ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman pleaded guilty in federal court today to her role in a $235,000 arson and insurance fraud conspiracy.
Tina L. Shonk, 35, of Kansas City, pleaded guilty before U.S. District Judge Brian C. Wimes to one count of participating in a conspiracy to commit arson and wire fraud, and to one count of mail fraud.
By pleading guilty today, Shonk admitted that she led an arson and insurance fraud conspiracy in 2014. Shonk obtained renter’s insurance on a house she rented in the 3500 block of Garfield, burned the house with the help of co-conspirators, and then made false claims on the insured property resulting in a total loss to insurance companies of $235,464.
Co-defendant Roy Thieman, 31, of Kansas City, pleaded guilty on Sept. 2, 2015, to his role in the conspiracy.
In January 2014 Shonk obtained renter’s insurance in the amount of $60,000, much more than the value of her personal property. At the time, Shonk owed approximately $7,929 in back due rent and the gas had been shut off due to non-payment.
On April 2 and 3, 2014, Shonk, Thieman and other co-conspirators moved any personal property of value to a storage unit. They also moved damaged and broken electronic equipment and appliances into the house so that it would appear that valuable appliances were destroyed. By this time, Shonk owed $10,356 in back due rent and her landlord had begun eviction proceedings.
On April 4, 2014, Shonk, Thieman and other co-conspirators set fire to the house by covering a space heater with a blanket and setting fire to the blanket, and then leaving the house. The Kansas City Fire Department extinguished the fire but the house was a total loss.
After the fire, Shonk made false claims to the insurance company as to the value of her property, that her property was in the house at the time of the fire, and also that she had no knowledge of, or involvement in, the fire. The insurance company paid Shonk $57,364; she paid Thieman $2,500 and another co-conspirator $4,000.
The owner of the house had an insurance policy that paid out a total of $173,100.
In May 2014, Shonk and Thieman moved into a house in the 3800 block of Pittman Road, a property managed by one of her co-conspirators. The co-conspirators discussed repeating the arson insurance fraud scheme at the house on Pittman Road. Thieman wrote a letter to Shonk outlining plans to insure their personal property and then burn the house, stating in part, “there can be no evidence, nor signs of foul play, or accelerant.”
Under federal statutes, Shonk is subject to a sentence of up to 25 years in federal prison without parole. 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. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the Kansas City, Mo., Police Department and the U.S. Postal Inspection Service.
Iowa Man Changes His Plea to Guilty in the Robbery of a Fargo InnRead the Press Release
FARGO -U. S. Attorney Christopher C. Myers announced that on Jan. 29, 2016, Eric Lee Webb, 31, Cedar Rapids, Iowa, officially changed his plea to guilty before U. S. District Judge Ralph R. Erickson to a three count Information. The Information charged Webb with 1) Interference with Commerce by Threats and Violence-Hobbs Act Robbery 2) Use and Carrying of a Firearm during and in Relation to a Crime of Violence 3) Possession of a Firearm and Ammunition by a Convicted Felon.
On June 4, 2015, Webb entered the Howard Johnson Inn, 301 3rd Ave. N., Fargo, ND, wielded a firearm at an employee of the Inn demanding money. During the robbery, Webb discharged his firearm in the Howard Johnson Inn. An employee provided Webb with cash. The Fargo Police Department was immediately called and shortly thereafter confronted Webb. He then discharged his firearm at Officers Todd Wahl and Matt Niemeyer while attempting to flee. Webb was prohibited from carrying a firearm or ammunition for having been previously convicted of: 1) Burglary in the Third Degree, a felony, in Iowa District Court; and 2) Robbery in the Second Degree, a felony, in Iowa District Court.
Judge Erickson set sentencing for April 21, 2016.
This case was investigated by the Fargo Police Department and The Bureau of alcohol, Tobacco and Firearms.
First Assistant U. S. Attorney Keith Reisenauer is prosecuting the case.