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17 March 2016
Insurance Salesman Who Embezzled His Client’s Inheritance Money Convicted of Wire FraudRead the Press Release
TRENTON, N.J. – An insurance salesman who was entrusted with managing his client’s inheritance was convicted by a federal jury today for fraudulently using the funds for his own benefit, U.S. Attorney Paul J. Fishman announced.
Patrick McCullagh, 67, of Georgetown, Kentucky, was convicted of an indictment charging him with one count of wire fraud. He was convicted following an eight-day trial before U.S. District Judge Mary L. Cooper in Trenton federal court. The jury deliberated for six hours before returning the guilty verdict.
According to documents filed in this case and the evidence at trial:
McCullagh was the principle of MidAtlantic Regional Services Inc., a purported insurance company located in Bordentown, New Jersey. In 2001, the victim entrusted McCullagh with money that the victim had inherited from his mother after her death. McCullagh falsely told the victim that he would use the funds to invest in a manner that would preserve the principle while paying the victim back in interest.
Instead, McCullagh pocketed some of the funds directly and forged withdrawal requests so he could loot money from the victim’s investment accounts. In order to deceive the victim, McCullagh also had the victim’s account statements diverted from the victim’s address. In addition, the “interest” payments that McCullagh paid the victim on a monthly basis were actually funds McCullagh had siphoned from the investment accounts’ principle balance. McCullagh even fraudulently told the victim that some of the investments were tied-up in legal disputes surrounding a Kentucky property and that he needed money for legal fees, which the victim later provided. Altogether, McCullagh defrauded the victim out of more than $100,000.
The wire fraud charge of which McCullagh was convicted carries a maximum potential penalty of 20 years in prison and a $250,000 fine or twice the gross gain or loss from the offense. Sentencing is set for July 6, 2016.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Andrew Campi in Newark, with the investigation leading to today’s verdict.
The government is represented by Assistant U.S. Attorneys Molly Lorber and Joseph Gribko of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: James Patton Esq., Livingston, New Jersey
Hurlburt Field Intelligence Squadron Member Charged with Committing Federal Child Pornography Crimes on BaseRead the Press Release
PENSACOLA, FLORIDA – Douglas J. Plate, 53, of Navarre, Florida, was arraigned today in the U.S. District Court in Pensacola after a federal grand jury returned an indictment charging him with receipt, possession, and access with intent to view child pornography. The indictment was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
The indictment alleges that, between August 2014 and December 2015, Plate knowingly received, possessed, and accessed child pornography at his home computer. It further alleges that, between June and December 2015, Plate possessed and accessed child pornography at his place of employment on Hurlburt Field. The trial is scheduled for May 9, 2016, at 8:30 a.m.
The case is being investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations and the Air Force Office of Special Investigations. The case is being prosecuted by Assistant United States Attorney David L. Goldberg.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt in a court of law.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Harrisburg Man Indicted for Using His Tax Preparation Service to File False Tax ReturnsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal grand jury in Harrisburg returned an indictment of Felix Ramon Diaz, on forty-five counts of aiding and assisting the preparation of false tax documents.
According to United States Attorney Peter Smith, Diaz, age 56, Harrisburg, was a tax preparer who owned Felix Tax Service. From 2010 through 2013, Diaz filed forty five tax returns with false and fraudulent income, deductions, and addresses in an effort to maximize income tax refunds. Diaz’s conduct resulted in approximately $100,000 in taxes due and owed the Internal Revenue Service.
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service. The prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each count is three years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Grove City Man Sentenced for Stealing His Deceased Mother’s Social Security BenefitsRead the Press Release
PITTSBURGH -- A resident of Grove City, Pa., has been sentenced in federal court to a term of two years of probation and full restitution in the amount of $27,309.85 on his conviction of theft of government property, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Alexander Viskovatoff, 57.
According to information presented to the court, in and around January 2011, through in and around September, 2012, Viskovatoff converted to his own use funds of the Social Security Administration that had been intended to be benefits for his deceased mother.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Social Security Administration, Office of Inspector General for the investigation leading to the successful prosecution of Viskovatoff.
Franklin County Man Federally Charged with Production of Child Pornography Using an InfantRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Waynesboro man who was previously charged by Indictment filed on March 2, 2016 for the offenses of Sexual Exploitation of a Minor was charged with additional child pornography offenses yesterday.
According to United States Attorney Peter Smith, Evan Matthew Lawbaugh, age 32, is alleged to have sexually assaulted an infant boy and recorded and distributed the video depicting such assault. He was charged with this offense in an indictment dated March 2, 2016 (Count 1). The new charges add two additional counts of sexually assaulting a four year old girl and recording the assault (Counts 2 and 3). The new indictment also charges Lawbaugh with distributing images depicting the sexual abuse of a child (Count 4) and possession of images depicting the sexual abuse of minors (Count 5) for distributing the images in Count 1 and possessing thousands of images and hundreds of videos of suspected or previously identified child pornography.
This case was investigated by the United States Postal Inspection Service, the Pennsylvania State Police and the Pennsylvania Office of the Attorney General. The case is being prosecuted by Assistant United States Attorney Daryl Bloom.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 50 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Count I carries a mandatory term of imprisonment of 25 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Senior Analyst at the Federal Reserve Bank of Chicago Pleads Guilty to Stealing Sensitive Financial DataRead the Press Release
CHICAGO — A former senior analyst at the Federal Reserve Bank of Chicago admitted in federal court today that he stole confidential financial documents from the bank shortly before resigning his position and accepting a new job.
JEFFREY CHO, 35, of Chicago, pleaded guilty to one misdemeanor count of theft of property. The conviction carries a maximum sentence of one year in federal prison. U.S. Magistrate Judge Michael T. Mason scheduled a sentencing hearing for June 21, 2016, at 10:00 a.m.
In his role as a Senior Supervision Analyst, Cho had access to sensitive, proprietary and valuable information belonging to the bank. The information included financial data and materials relating to the bank’s responsibility to monitor the health of certain financial institutions in the United States.
According to a written plea agreement, Cho was in discussions in May 2015 to take a new job outside of the bank. Less than a week before accepting the outside company’s employment offer, Cho printed a confidential Federal Reserve document from his work computer and took it home with him. After accepting the offer on May 12, 2015, Cho printed an additional 31 confidential Federal Reserve documents from his work computer and brought those home as well. On the same day he resigned from the bank on May 26, 2015, Cho printed 3 more proprietary Federal Reserve documents from his work computer and brought them home.
When confronted by FBI agents, Cho initially denied taking home the confidential documents, according to the plea agreement. However, after a second interview with FBI agents the following month, Cho turned over four of the documents. Cho told agents that he had shredded the remaining documents after his first interview with the FBI, according to the plea agreement. On June 6, 2015, Cho turned over a bag full of shredded documents to the FBI, the plea agreement states.
Cho further admitted in the plea agreement that he printed confidential Federal Reserve documents while he was interviewing for another position with a different company in March 2015. Those documents were also sensitive materials concerning the financial health of certain U.S. financial institutions.
The conviction prohibits Cho from directly or indirectly participating in the affairs of any United States financial institution for at least ten years.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Scott Redington, Special Agent-in-Charge of the Western Region Board of Governors of the Federal Reserve, Office of Inspector General.
The government is represented by Assistant United States Attorney Sunil Harjani.
Plea Agreement
Former Johnson County Restaurant Owner Indicted on Bank Fraud ChargeRead the Press Release
KANSAS CITY, KAN. - A former Johnson County restaurant owner was indicted Wednesday on charges of fraudulently obtaining $605,000 in loans, U.S. Attorney Barry Grissom said.
Charles Waits, 54, Lenexa, Kan., was charged in a superseding indictment with one count of bank fraud and two counts of making false statements to a lender. The indictment alleges Waits, a partner in Kansas City Sports Grille, Inc., obtained two commercial loans through Community America Credit Union. He gave the lender a financial statement with false statements regarding his personal assets and net worth.
The indictment seeks a monetary judgment of $605,000, representing the proceeds of the crimes.
If convicted, he faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
OTHER GRAND JURY INDICTMENTS
Abbie Jo McClellan, Topeka, Kan., 65, is charged with two counts of making false statements to the Social Security Administration and the Office of the Inspector General. The crimes are alleged to have occurred in in 2014 and 2015, in Topeka, Kan.
If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The Social Security Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Jose Juvenal Jimenez-Delatorre, 27, who is not a citizen of Kansas, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 20, 2016, in Johnson County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Mario Ulises Moreno-Ayala, 28, who is not a citizen of the United States is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 20, 2016, in Johnson County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Stephanie R. Minor, 34, Columbus, Ind., and Matthew L. Hudson, 43, Hope, Ind., one count of possession with intent to distribute methamphetamine and one count of traveling from Indiana Kansas in furtherance of drug trafficking. The crimes are alleged to have occurred March 6, 2016, in Liberal, Kan.
If convicted, the face a penalty of not less than 10 years and a fine up to $10 million on the possession charge, and a maximum penalty of five years and a fine up to $250,000 on the interstate travel charge. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Former Hillsborough Resident Sentenced for Wire FraudRead the Press Release
SAN JOSE – Resat Otus Nuri was sentenced to 24 months in prison and ordered to pay $562,149.90 in restitution for wire fraud, announced Acting United States Attorney Brian J. Stretch, U.S. Secret Service Special Agent in Charge David Thomas, and U.S. Postal Inspection Service Inspector in Charge Rafael Nuñez. The sentence, handed down yesterday, follows the July 28, 2015, court proceedings in which the defendant—who was known to his victims by numerous aliases including Otus Resat Nuri, Resat Nuri Otus, and Nuri Resat Otus— pleaded guilty to a single count of wire fraud.
According to the plea agreement, Otus, 50, formerly a resident of Hillsborough, admitted he fraudulently induced a Texas company to wire him nearly $100,000 in connection with the sale of computer equipment he never intended to deliver. At sentencing, the Court determined that the total amount of loss associated with the defendant’s criminal conduct was approximately $468,910.
Otus was indicted by a federal grand jury on November 14, 2012. He was charged with allegedly engaging in a scheme to defraud wholesale businesses and individuals to enter into agreements to buy or sell telecommunications equipment that he had neither the intention nor capacity to perform. According to the indictment, in his communications to victims, Otus often falsely held himself out as having contacts at prominent technology firms, telling his potential victims that he was able to obtain good deals on valuable merchandise as a result of these purported contacts. After receiving the funds from a victim buyer or the goods from a victim seller, Otus would fail to perform his part of the bargain as he had promised and refuse to return the funds or goods to his victims, offering them instead a pattern of excuses for his inability to perform. Otus was charged with fifteen counts of wire fraud in violation of 18 U.S.C. § 1343. Under the plea agreement, Otus pleaded guilty to one of the counts in the indictment.
The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge. In handing down the sentence, Judge Koh found that Otus had chosen to engage in a disturbing pattern of fraud over a long period of time with real harm to victims. The Court went to say that the harm to the victims was not just the loss of money, but the headaches and stress it imposed on their finances and their well-being.
In addition to the prison term, Judge Koh also sentenced Otus to a three year period of supervised release. The defendant will begin serving the sentence on May 11, 2016.
Assistant United States Attorney Timothy J. Lucey is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation by the U.S. Secret Service and the U.S. Postal Inspection Service.
Former Fort Leonard Wood Man Charged with Sexually Abusing a ChildRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Brattleboro, Vt., man was charged in federal court today with sexually assaulting a 6-year-old child at Fort Leonard Wood, Mo.
Paul Kickery, Sr., 66, of Brattleboro, formerly of Fort Leonard Wood, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Mo., with the aggravated sexual abuse of a child.
According to an affidavit filed in support of today’s criminal complaint, the victim’s father contacted the Brattleboro, Vt., Police Department, to report that his daughter had been sexually assaulted by Kickery over the course of approximately a year. During the time of the sexual assaults, between July 1, 2013, and July 31, 2014, both Kickery and the then-6-year-old victim were residing at Fort Leonard Wood. The child victim disclosed the abuse to a family member about a year later.
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 Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI and the Brattleboro, Vermont, Police Department.
Former Federal Employee Sentenced to Five Years in Prison for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Eric Worrell, 57, of Rancho Cordova and formerly a federal Department of Transportation employee, was sentenced today by United States District Judge Troy L. Nunley to five years in prison, to be followed by 20 years of supervised release, for receipt of child pornography, United States Attorney Benjamin B. Wagner announced. On release, Worrell will be required to register as a sex offender.
According to court documents, a thumb drive found in a hallway outside the offices of the federal Department of Transportation in Sacramento was turned over to investigators, who determined it belonged to Worrell. A forensic review of the thumb drive and Worrell’s work laptop found they contained hundreds of images of child erotica and child pornography. Worrell told agents that he would carry this thumb drive with him so that he would not leave the materials at home where his family members could find them.
“Countless children around the world fall prey to sexual predators. It is our priority to make every effort to keep our children safe,” said Ryan L. Spradlin, special agent in charge of HSI San Francisco. “Together with our law enforcement partners, we work tirelessly to search out criminals who seek to harm or exploit innocent children and hold them accountable for their actions.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Department of Transportation’s Office of Inspector General. Special Assistant United States Attorney Josh F. Sigal prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.
Former Correctional Officer at Susanville Pleads Guilty to Accepting BribesRead the Press Release
SACRAMENTO, Calif. — Jordan Kinglee, 23, of Susanville, pleaded guilty today to honest services wire fraud for smuggling cellphones into prison, United States Attorney Benjamin B. Wagner announced.
According to court documents, while working as a correctional officer at the California Correctional Center (CCC) in Susanville, Kinglee smuggled cellphones into the prison for an inmate. A friend of the inmate, who was not in custody, paid Kinglee more than $8,000 to smuggle the cellphones. As a correctional officer, Kinglee was prohibited under California law from providing cellphones to prisoners, receiving any compensation from prisoners or their representatives, and from any barter or dealings with any prisoner. Kinglee was arrested on May 12, 2015.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation Office of Internal Affairs Northern Region, and the Susanville Police Department. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
Kinglee is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on June 9, 2016. Kinglee 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.
Folk Nation Gang Leader Sentenced to Consecutive Terms of Life ImprisonmentRead the Press Release
Earlier today at the federal courthouse in Brooklyn, New York, Yasser Ashburn, the leader of a set of the violent street gang Folk Nation operating primarily in the Crown Heights and East Flatbush neighborhoods of Brooklyn, was sentenced to two consecutive terms of life imprisonment. On November 10, 2015, one of Ashburn’s co-defendants, Jamal Laurent, was sentenced to five consecutive life terms of imprisonment. Prior to that, on November 6, 2015, co-defendant Trevelle Merritt was sentenced to 40 years of imprisonment. On March 18, 2015, all three defendants were convicted, following a jury trial, of racketeering and racketeering conspiracy, including as racketeering acts the murders of Courtney Robinson, Brent Duncan, and Dasta James, and related crimes.
The sentence was announced by Robert L. Capers, United States Attorney for the Eastern District of New York; Diego G. Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office; and William J. Bratton, Commissioner, New York City Police Department (NYPD).
Ashburn led a Folk Nation set of 20 to 25 members that operated in the Ebbets Field Houses, a New York City public housing community in the Crown Heights neighborhood of Brooklyn. From approximately 2007 until their arrests in 2011 and 2012, the defendants were responsible for numerous acts of gang-related violence, including homicides, non-fatal shootings, and robberies in Brooklyn and elsewhere in the tri-state area.
The government’s evidence at trial established that, during the early morning hours of April 20, 2008, a fight erupted at a birthday party held in an apartment at the Ebbets Field Houses. After Courtney Robinson entered the fight to protect his nephew who was being beaten by Folk Nation gang members, Ashburn left the melee and retrieved a handgun from the building stairwell where the gang typically stored weapons. Ashburn then returned to the apartment and shot Robinson at point blank range in the back, killing him.
The government’s case is being prosecuted by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Darren A. LaVerne, M. Kristin Mace, and Margaret Lee are in charge of the prosecution, assisted by EDNY Investigator Erik Nesbitt.
The Defendant:
YASSER ASHBURN, also known as “Indio” and “supa swerve 6”
Age: 32
Brooklyn, NYE.D.N.Y. Docket No. 11-CR-303 (NGG)
Federal Grand Jury in Chicago Indicts California Man for Attempting to Provide Material Support to Overseas TerroristsRead the Press Release
CHICAGO — A California man who allegedly traveled to Syria to take up arms with terrorists has been indicted by a federal grand jury in Chicago for attempting to provide material support to acts of violence overseas.
AWS MOHAMMED YOUNIS AL-JAYAB, 23, of Sacramento, allegedly flew from Chicago to Turkey on Nov. 9, 2013, and then traveled to Syria. Between November 2013 and January 2014, Al-Jayab reported on social media that he was in Syria fighting with terrorist organizations.
The indictment charges him with one count of attempting to provide material support and resources, knowing that such support and resources would be used in preparation for, and in carrying out, violence against persons outside of the United States. The charge is punishable by up to 15 years in federal prison.
The indictment was returned today in U.S. District Court in Chicago. An arraignment date has not yet been set.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; John P. Carlin, Assistant Attorney General for National Security; Monica M. Miller, Special Agent-in-Charge of the Sacramento Office of the Federal Bureau of Investigation; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the FBI.
The investigation was led by the Sacramento Joint Terrorism Task Force, which is comprised of FBI special agents and representatives from numerous federal, state and local law enforcement agencies. The U.S. Attorney’s Offices for the Northern District of Illinois and the Eastern District of California, as well as the U.S. Department of Justice’s National Security Division, provided assistance in the investigation.
Al-Jayab was also indicted earlier this year by a federal grand jury in Sacramento for allegedly making a false statement involving international terrorism. He pleaded not guilty to that charge. His next court appearance in Sacramento will be a status hearing on May 12, 2016, at 9:00 a.m. PDT, before U.S. District Judge Morrison C. England Jr.
According to a criminal complaint filed in the Eastern District of California, Al-Jayab is a Palestinian born in Iraq, who came to the United States as an Iraqi refugee in October 2012. Between October 2012 and November 2013, while living in Arizona and Wisconsin, Al-Jayab communicated via social media with numerous individuals about his intention to go to Syria to fight for terrorist organizations, the complaint states. On Nov. 9, 2013, he flew from Chicago to Turkey, and then traveled to Syria, according to the complaint.
Between November 2013 and January 2014, according to the complaint, Al-Jayab reported on social media that he was in Syria fighting with terrorist organizations. Al-Jayab returned to the United States on Jan. 23, 2014, and settled in Sacramento.
The indictment in California contends that Al-Jayab gave false statements to agents from the U.S. Citizenship and Immigration Services during an interview on Oct. 6, 2014. In the interview, Al-Jayab indicated that he never supported terrorist groups, and that the purpose of his trip to Turkey was to visit his grandmother. The California indictment contends that both statements were false.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The government is represented in Chicago by Assistant U.S. Attorneys Barry Jonas and Shoba Pillay of the Northern District of Illinois, and Trial Attorney D. Andrew Sigler of the National Security Division’s Counterterrorism Section.
Indictment
Ex-Employee of U.S. Department of Veteran's Affairs Sentenced to Thirty Months in Prison for Wire Fraud and Aggravated Identity Theft for Embezzling Veteran and Survivor BenefitsRead the Press Release
Terrence Starks, age 37, from Bunker Hill, Illinois was sentenced to a total of thirty [30] months in prison as a result of convictions for wire fraud and aggravated identity theft, James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today. Terrence Starks was additionally ordered to serve three years supervised release following his release from prison and pay restitution totaling $19,260.26.
Terrence Starks worked for the U.S. Department of Veteran's Affairs and in his position he accessed the U.S. Department of Veteran's Affairs computerized software system for the payment and distribution of benefits. That database contained the names, Social Security numbers, dates of birth, and bank account information, among other information. Terrence Starks fraudulently changed the routing number and account number of veteran recipient's benefits to an account controlled by Terrence Starks through his girlfriend, thereby misrepresenting to the U.S. Department of Veteran's Affairs that the veteran or survivor was still receiving the benefits.
The successful prosecution is the result of an investigation conducted by the United States Department of Veterans Affairs, Office of Inspector General. The prosecution of the case was handled by Assistant United States Attorney Norman R. Smith.
El Salvadoran National Sentenced for False Claim to U.S. CitizenshipRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MIGUEL MENDEZ-GUSMAN, age 36, a citizen of El Salvador, was sentenced today after previously pleading guilty to a one-count Indictment for false claim to United States Citizenship.
U.S. District Judge Jane Triche Milazzo sentenced MENDEZ-GUSMAN to six months imprisonment and a $100 special assessment. Following his term of imprisonment, MENDEZ-GUSMAN will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
According to the Indictment, on or about July 28, 2015, MENDEZ-GUSMAN falsely and willfully represented himself to be a citizen of the United States.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
El Salvadoran National Indicted for Assault and Hindering RemovalRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal grand jury in Harrisburg indicted Jose Luis Benitez-Hernandez of hindering removal from the United States and impeding, resisting and assaulting U.S. Immigration and Customs Enforcement (ICE) Officers engaged in the performance of their duties.
According to U.S. Attorney Peter Smith, Benitez-Hernandez, a 30 year old El Salvadoran national, failed to leave the United States after being granted voluntary departure by an Immigration Judge. When he was taken into custody by ICE officers in Mechanicsburg on February 8, 2016, Benitez-Hernandez became combative, biting one of the officers on his hand and scratching another officer’s face.
The matter was investigated by U.S. Immigration and Customs Enforcement and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for these offenses under federal law is 8 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Desoto Parish residents indicted for conspiring to distribute cocaineRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced that seven DeSoto Parish residents were indicted for charges relating to the sale of crack and powder cocaine.
According to the indictment, which was unsealed today, Tyquario Derell Adams, 25; Johnny Leroy Adams Jr., 26; Antonio Tawarn Robertson, 35; Makeith Ladale Robertson, 32; Terrance D. Woods, 41; Ashton Bernard Shelton, 25; and Amanda Marie Garner, 32, all of Mansfield, La., are charged in Count One with conspiracy to distribute and to possess with the intent to distribute cocaine in the Mansfield area from April 2015 to November of 2015. Counts two to four charge varying defendants with distribution of crack cocaine, and counts five to eight charge varying defendants with distribution of powder cocaine. Count Nine charges Johhny Adams with possession with the intent to distribute cocaine. See the list below for charging details:
Counts 1 2 3 4 5 6 7 8 9 T. Adams * * J. Adams * * * * * * A. Robertson * * * * * * * * M. Robertson * * Woods * * Shelton * * Garner * *The defendants face various possible penalties depending on the drug quantity involved, their role in the charged offense and their criminal histories.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI Northwest Louisiana Violent Crimes Task Force and the DeSoto Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Allison D. Bushnell is prosecuting the case.
Des Allemands Man Sentenced for Fraud in Aftermath of BP Oil SpillRead the Press Release
The U.S. Attorney’s Office for the Eastern District of Louisiana announced that DERRICK JOSEPH DURAN, age 28, a resident of Des Allemands, was sentenced today after previously pleading guilty to a three-count mail fraud Indictment.
U.S. District Judge Jane Triche Milazzo sentenced DURAN to serve four years on probation and ordered restitution in the amount of $28,018.52.
According to court documents, the Gulf Coast Claims Facility (GCCF) made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion that occurred on April 20, 2010. The GCCF required individuals to verify loss of income. On August 25, 2010, DURAN submitted a fraudulent application to the GCCF claiming that he worked as a deckhand on a fishing vessel during the year 2010, before the oil spill. Documentation in support of DURAN’s claim included a falsified letter from a commercial fisherman indicating that DURAN had worked as a deckhand on his fishing vessel for a twelve month period before the spill, when in fact he had not. Based on DURAN’s fraudulent application, the GCCF mailed checks totaling $28,018.52 to DURAN to which he was not entitled.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The U.S. Attorney’s Office praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Dallas Businessman Admits FraudRead the Press Release
DALLAS — James Edward McIntire, 52, of Dallas, appeared this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to one count of bank fraud regarding a line of credit he applied for and obtained from the bank, announced U.S. Attorney John Parker of the Northern District of Texas.
McIntire faces a maximum statutory penalty of 30 years in federal prison and a $1 million fine. Restitution is mandatory. McIntire remains on bond; a sentencing date was not set.
According to documents filed in the case, McIntire founded the business, McIntire and Associates (MA). To support ongoing operations, MA often needed to obtain loans and/or lines of credit from banks or from some other funding source. MA would often provide security for the line or line of credit by using MA’s accounts receivable as collateral for the loan.
From approximately April 2008 through May 2009, McIntire ran a scheme to deceive and fraud Opportunity Bank of Richardson, Texas, in order to fraudulently obtain approval of a $2 million line of credit from the bank, using MA’s accounts receivables as security. When MA initially applied for the line of credit, McIntire falsely represented and fraudulently inflated the total amount of MA counts receivable submitted to Opportunity Bank in order to mislead and deceive the bank about the collateral’s true value.
McIntire admits that in order to maintain access to this line of credit he fraudulently inflated the value of MA’s accounts receivables to have access to a higher line of credit than what Opportunity Bank would have extended to him had he disclosed the true value of MA’s accounts receivables. In addition to submitting a large number of false and fraudulent weekly and monthly accounts receivable schedules to Opportunity Bank, McIntire also created fictitious packing slips and invoices for MA products that were not actually shipped to the customer, which caused the dollar value of the MA accounts receivable to be falsely inflated.
McIntire failed to repay the line of credit to Opportunity Bank, causing the bank to suffer a loss of $1,997,215.
The FBI is investigating the case. Assistant U.S. Attorney David Jarvis is in charge of the prosecution.
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Convicted Sex Offender Sentenced to 60 Years in Federal Prison for Producing Child PornographyRead the Press Release
DALLAS — A 43-year-old Irving, Texas, man, Shannon Buck, was sentenced this afternoon by U.S. District Judge Jane J. Boyle to 60 years in federal prison, following his guilty plea in January 2015 to an indictment charging one count of production of child pornography and one count of enhanced penalties for registered sex offenders, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case and information presented in court, the investigation began when a 13-year-old girl, Jane Doe, came forward and said she had been molested. Buck admitted that he used Jane Doe to engage in sexually explicit conduct, and then used his camera to record that conduct. In addition, Buck admitted that in February 2010, he pleaded guilty in the 195th District Court of Dallas County to two felony offenses of possession of child pornography, and he was sentenced to an eight-year period of deferred adjudication. Buck was on probation at the time of this offense. Four victims were identified; two were videotaped by Buck.
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 Irving Police Department and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney Camille Sparks prosecuted.
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Columbus Businessman Pleads Guilty to Wire Fraud, Money LaunderingRead the Press Release
COLUMBUS, Ohio – David H. DeMathews, 63, of Columbus, pleaded guilty in U.S. District Court to one count of wire fraud and one count of money laundering.
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, announced the plea entered into yesterday before U.S. District Judge Michael H. Watson.
DeMathews used his positions as Director of National Accounts and Executive Vice President of American Escrow and Title Services, Inc. (AETS), and President of DEMCO Advisory Corporation (DEMCO) to execute a financial fraud scheme.
DeMathews told some victims he would invest their money in the construction of multi-million dollar buildings that were supposed to generate repayment to the investors. He promised some victims he would invest their money in Starbucks franchise opportunities in Central America, hospital projects in Panama and Nicaragua, and a water treatment plant in Florida. He also used some victims’ investments to make partial repayments to other victims, in order to convince those victims that AETS and DEMCO were generating income, and to encourage those victims to make additional investments in AETS and DEMCO.
From 2009 through April 2014, DeMathews had no legitimate income of any kind. He received approximately $911,000 for the purpose of executing his scheme, and misappropriated those funds for primarily his personal use. Those personal expenditures included, but were not limited to: mortgage payments on two houses, numerous lavish big game hunting trips and other vacations to Europe and South Africa, expensive retail purchases, and effectively all of the defendant’s daily living expenses.
DeMathews also used the investors’ money to satisfy monthly restitution payment obligations ordered in the amount of approximately $3.7 million related to a federal criminal case in the Central District of California, in which he was convicted of multiple counts of loan and credit application fraud in April 2000.
He was indicted by a federal grand jury in March 2015.
Wire fraud is a crime punishable by up to 20 years in prison and money laundering in this case carries a potential maximum sentence of 10 years.
Acting U.S. Attorney Glassman commended the investigation of this case by the FBI, and Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.
Columbia, Tennessee Man Pleads Guilty to Methamphetamine Conspiracy and to Threatening to Retaliate Against a Government WitnessRead the Press Release
Justin Harris, 43, a/k/a “Cole,” of Columbia, Tennessee, pleaded guilty today before Chief U.S. District Judge Kevin A. Sharp, to conspiracy to possess and distribute between 150 and 500 grams of methamphetamine, and to threatening to retaliate against a government witness, announced David Rivera, United States Attorney for the Middle District of Tennessee.
According to the facts contained in the plea agreement, Harris admitted to conspiring with others to obtain, possess, and distribute methamphetamine in Savannah and Columbia, Tennessee in June 2015. During the investigation, law enforcement officers obtained evidence that Harris was selling significant quantities of methamphetamine from a residence in Columbia, Tenn. During one of the drug transactions, Harris, who had begun to suspect that the government informant was working with law enforcement, confronted the informant with that suspicion. Over the next several days, Harris repeatedly threatened to kill the informant.
On June 29, 2015, a search warrant was executed at the residence in Columbia where Harris had been selling methamphetamine. During the search, agents recovered numerous rounds of ammunition, drug paraphernalia and prescription pills. Law enforcement officers also searched a truck that was parked in the driveway of the residence. Inside the truck, they recovered a loaded Smith & Wesson, MP 40, .40 caliber firearm, two digital scales, and more than 50 grams of methamphetamine. Harris admitted to owning the gun, paraphernalia, and the methamphetamine.
Harris is scheduled to be sentenced on June 20, 2016 and according to the terms of the plea agreement; he agrees to be sentenced to 168 months in prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Tennessee Bureau of Investigation; and the Maury County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Ben Schrader.
Cartel Broker Sentenced to 139 Months for South Georgia Drug Trafficking RingRead the Press Release
Francisco Molina, aka “Frankie,” age 41 of Brownsville, Texas, was sentenced on March 16, 2016 to serve 139 months in federal prison by the Honorable W. Louis Sands in Albany, Georgia. Mr. Molina previously pled guilty to conspiring with a number of South Georgia residents to distribute in excess of five kilograms of cocaine and one-hundred kilograms of marijuana.
Investigation revealed that in January 2010, a package weighing over 600 pounds had been delivered to an address in Camilla, Georgia. This package originated in Texas and was labeled Agricultural Irrigation Parts. Bills of lading and receipts of wire transfer indicated that Mr. Molina shipped the 600 pound package and received money via Western Union and Money Gram as payment. In 2012, court ordered wiretaps revealed that Mr. Molina and several other sources regularly supplied cocaine and marijuana for distribution in the Mitchell County area.
The Court previously accepted guilty pleas and sentenced eighteen individuals related to Mr. Molina’s case. Two other co-defendants were convicted after a jury trial and sentenced.
The case was investigated by DEA Columbus RA, Pelham Police Department, Thomas County Vice/Narcotics Squad, and Cairo Police Department with the assistance of the Webster County Sheriff’s Office and the Georgia State Patrol. The case was prosecuted by Assistant United States Attorney Leah McEwen.
Inquiries regarding the case should be directed to Pam Lightsey at the United States Attorney’s Office at 478-752-3511.
California Man Indicted in Chicago for Attempting to Provide Material Support to Overseas TerroristsRead the Press Release
Aws Mohammed Younis Al-Jayab, 23, of Sacramento, California, was indicted today in the Northern District of Illinois for attempting to provide material support to acts of violence overseas.
The indictment was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Zachary T. Fardon of the Northern District of Illinois, Special Agent in Charge Monica M. Miller of the FBI’s Sacramento Division and Special Agent in Charge Michael J. Anderson of the FBI’s Chicago Division.
Al-Jayab was also indicted earlier this year by a grand jury in Sacramento for allegedly making a false statement involving international terrorism. He pleaded not guilty to that charge, and his next court appearance will be a status hearing on May 12, 2016, at 9:00 a.m. PDT, before U.S. District Judge Morrison C. England Jr. of the Eastern District of California.
According to a criminal complaint filed in the Eastern District of California, Al-Jayab is a Palestinian born in Iraq, who came to the United States as an Iraqi refugee in October 2012. Between October 2012 and November 2013, while living in Arizona and Wisconsin, Al-Jayab communicated via social media with numerous individuals about his intention to go to Syria to fight for terrorist organizations, the complaint alleges. The complaint further alleges that on Nov. 9, 2013, he flew from Chicago to Turkey and then traveled to Syria.
According to the complaint, between November 2013 and January 2014, Al-Jayab reported on social media that he was in Syria fighting with terrorist organizations. Al-Jayab returned to the United States on Jan. 23, 2014, and settled in Sacramento.
The indictment returned in California contends that Al-Jayab gave false statements to agents from the U.S. Citizenship and Immigration Services during an interview on Oct. 6, 2014. In the interview, Al-Jayab indicated that he never supported terrorist groups and that the purpose of his trip to Turkey was to visit his grandmother. The California indictment contends that both statements were false.
The statutory maximum sentence for attempting to provide material support is 15 years in prison. An arraignment date has not yet been set.
An indictment is merely an allegation. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The investigation was led by the Sacramento Joint Terrorism Task Force, which is comprised of FBI special agents and representatives from numerous federal, state and local law enforcement agencies. The U.S. Attorney’s Office of the Eastern District of California and the U.S. Department of Justice’s National Security Division provided assistance in the investigation. The case in Chicago is being prosecuted by Assistant U.S. Attorneys Barry Jonas and Shoba Pillay of the Northern District of Illinois and Trial Attorney D. Andrew Sigler of the National Security Division’s Counterterrorism Section.
Al-Jayab NDIL Indictment
CEO of Parkway Car Dealerships Pleads Guilty to Conspiracy to Submit False Statements to Influence A Financial InstitutionRead the Press Release
SYRACUSE, NEW YORK – Gerald McDonald, 52, of Madrid, NY, pled guilty today in federal court in Syracuse to conspiracy to submit false statements to influence a financial institution, announced United States Attorney Richard S. Hartunian and Internal Revenue Service, Criminal Investigation Division Special Agent in Charge Toni M. Weirauch.
As part of his guilty plea, McDonald, Chief Executive Officer (CEO) and part owner of Parkway Country Polaris, Parkway Dodge Chrysler and Jeep, and Parkway Chevrolet and Oldsmobile admitted that he conspired with sales persons and sales managers to submit false information to banks on consumer bank loan applications. In order to ensure that a borrower who would not otherwise qualify for a loan would qualify, a co-conspirator sales person or co-conspirator sales manager would falsely state on the loan application that a cash down payment had been made on a vehicle. In fact, no such down-payments had been made or were overstated in the financing applications. As CEO and part owner of Parkway, McDonald knew of and approved the use of this practice.
Gerald McDonald will be sentenced on July 19, 2016 in federal court in Syracuse by Senior District Judge Norman A. Mordue. He faces a maximum sentence of five years in prison, a fine of up to $250,000, an order of restitution in the amount of $102,498 and an order of forfeiture in the amount of $102,498. Sentences are imposed by a judge based upon the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
This case was investigated by IRS-Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown
Buffalo Man Sentenced on Rico Charge Involving Gang ShootingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Deon Allen, also known as “Slick,” 21, of Buffalo, NY, who was convicted of committing a violent crime in aid of a racketeering enterprise, was sentenced to 120 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay $20,529.91 in restitution to Independent Health, Medicaid and Univera Health Care for medical bills incurred by the victims in the case.
According to Assistant U.S. Attorney Anthony M. Bruce and Assistant Erie County District Attorney Paul Parisi, who is working as a Special Assistant U.S. Attorney, Allen was a member of the Bailey Boys, a criminal gang involved in distributing cocaine and acts involving murder and robbery. In an effort to raise his standing with other members of the Bailey Boys, the defendant and others committed a drive-by shooting on July 29, 2011 at 211 Shirley Avenue in Buffalo which left three individuals wounded. Two of the victims suffered superficial wounds but a third, identified as “JM,” was shot in the shoulder and spent more than two months in the Erie County Medical Center recovering from his injuries.
Allen was arrested along with 10 other Bailey Boys Gang members. He is the first conviction in the case. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the result of an ongoing investigation into the activities of the Bailey Boys and other criminal gangs being conducted by the United States Attorney’s office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney Michael Flaherty, the Homicide Bureau of the Buffalo Police Department, under the command of Police Commissioner Daniel Derenda, the Federal Bureau of Investigation Safe Streets Task Force, under the Direction of Special Agent in Charge Adam S. Cohen, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy B. Howard.
Buffalo Man Indicted on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has returned an indictment charging Aaron Lucas, aka B-Wise, 38, of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that according to the indictment, between October 25 and October 28, 2015, the defendant possessed a .22 caliber semi-automatic rifle. Lucas was convicted in 2003 of a felony charge in state court and as a result is prohibited from legally possessing a firearm.
The defendant will be arraigned on March 30, 2016 at 10:00 a.m. before U.S. Magistrate Judge Michael J. Roemer.
The indictment is the culmination of an investigation on the part of the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.Buffalo Man Charged with Distribution of HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.– U.S. Attorney William J. Hochul, Jr. announced today that Damien Hicks-Bailey, 21, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute and distribution of heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the complaint, on July 1, 2015, the defendant exchanged heroin for cash with a man at a 7-11 store in West Seneca, NY. Later that day, the man was discovered deceased at his apartment in West Seneca. A plastic baggy with a white powdery substance was discovered in the man's bedroom. The substance later tested positive for heroin. Subsequent investigation uncovered store security video which captured the interaction between the defendant and the adult male.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on March 18, 2016 at 12:00 p.m.
The criminal complaint is the culmination of an investigation on the part of Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division and the West Seneca Police Department, under the direction of Chief Daniel Denz.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.Buddhist monk pleads guilty to defrauding temple of more than $263,000Read the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that a Lafayette Buddhist monk pleaded guilty to wrongfully taking more than $263,000 from his own temple.
Khang Nguyen Le, 36, of Lafayette, pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of wire fraud. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, Le was the president, presiding monk and resident of the temple of the Vietnamese Buddhist Association of Southwest Louisiana located on Bourque Road in Lafayette from 2010 to October of 2014. From January of 2013 until August of 2014, Le wrongfully withdrew $263,463.36 in temple funds from the temple’s bank accounts to gamble at a Lake Charles casino. Le would drive to Lake Charles and withdraw the money from temple bank accounts using automated teller machines and casino tellers. To hide his gambling activity from temple members, Le would misrepresent the temple’s financial situation at meetings and gambled in lower-populated areas of the casino to avoid being seen. Le was at no time authorized by the temple to use its money for gambling purposes.
Le faces 20 years in prison, three years of supervised release and a $250,000 fine. A sentencing date of June 27, 2016 was set.
Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys David C. Joseph and Myers P. Namie are prosecuting the case.
Armed Robbers Sentenced to Lengthy Federal Prison Sentences on Hobbs Act and Firearms ConvictionsRead the Press Release
DALLAS — Two Fort Worth, Texas, men who were convicted at trial last year on an array of federal charges stemming from their armed robberies of several Murphy Oil gas/convenience stores in the Dallas-Fort Worth metroplex in June 2014, were sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.
Maurice Lamond Davis, 28, was sentenced to 608 months in federal prison, and Andre Levon Glover, 21, was sentenced to 498 months in federal prison by U.S. District Judge Reed C. O’Connor.
Both were convicted on one count of conspiracy to interfere with commerce by robbery and two counts of using, carrying, and brandishing a firearm during and in relation to, and possessing and brandishing a firearm in furtherance of, a crime of violence. In addition, Glover was convicted on four counts, and Davis on two counts, of interference with commerce by robbery. Davis was also convicted on one count of being a felon in possession of a firearm.
The two committed armed robberies of Murphy Oil USA stores located at: 170 N. Interstate 35E in Lancaster, Texas, on June 16, 2014; 3102 W. Wheatland Road in Dallas on June 21, 2014; 950 N. Walnut Creek Drive in Mansfield, Texas, on June 22, 2014; and 100 Walton Way in Midlothian, Texas, also on June 22, 2014. They used a sawed-off shotgun to rob these stores at gunpoint and steal thousands of dollars of cigarettes from each of the locations and nearly $10,000 in cash from one of the locations. After the last robbery, they led police on a high-speed chase before being arrested.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Alvarado, Dallas, Lancaster, Mansfield, and Midlothian Police Departments investigated the case.
Assistant U.S. Attorneys John Kull and Brian McKay prosecuted the case.
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Albuquerque Man Sentenced to Seven Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Marquis Pounds, 28, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for being a felon in possession of firearms and ammunition. Pounds will be on supervised release for three years after completing his term of incarceration.
Pounds was arrested in June 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M. According to the criminal complaint, law enforcement officers executed a search warrant on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition. Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M. Pounds was subsequently indicted on July 14, 2015, on the same charge.
According to court documents, Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.
On Dec. 17, 2015, Pounds pled guilty to the indictment and admitted that on June 5, 2015, he possessed a firearm despite the fact that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the Raton Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Presiliano A. Torrez prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
16 March 2016
Woman Sentenced to Prison for Defrauding the IRSRead the Press Release
SAN JUAN, P.R. – Today, March 16, 2016, defendant Mariely Malavet-Rivera was sentenced by United States District Court Judge Francisco A. Besosa to serve a term of imprisonment of 34 months and was ordered to pay restitution in the amount of $103,632.10 for defrauding the Internal Revenue Service (IRS), announced Rosa Emilia Rodríguez-Vélez, United States.
Malavet-Rivera pled guilty on October 2, 2015, to twenty-four counts of wire fraud, one count of theft of public money, and one count of aggravated identity theft. These charges stemmed from a scheme utilized by Malavet-Rivera from 2010 until 2013 to submit false Federal tax returns seeking the additional child tax credit (ACTC) in order to obtain fraudulent tax refunds from the IRS via check and direct deposit. Personal identification information including individuals’ names, dates of birth, and social security numbers were utilized without the knowledge or consent of the individual in order to request and obtain the fraudulent tax refunds.
The false Federal tax returns contained defendant’s own postal address and bank account information so that the fraudulent refunds would be deposited via wire transfer to bank accounts Malavet-Rivera controlled and the physical checks would be mailed to her postal address. The defendant then used a fraudulent driver’s license or voter registration identification to cash the fraudulent refund checks through an intermediary company.
The fraudulent tax refund scheme had a total value of approximately $227,653.22.
The case was prosecuted by Assistant United States Attorney Seth A. Erbe and investigated by the Internal Revenue Service, Criminal Investigation (IRS-CI).
Woman Pleads Guilty to Defrauding Government of $80,000Read the Press Release
Memphis, TN – A woman who defrauded the government of $80,000 by utilizing her deceased boyfriend’s retirement insurance benefits for personal expenses has pleaded guilty to theft of government money. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the plea today.
According to information presented in court, Marcia Daniels, 58, of Memphis, Tennessee, continued to receive her boyfriend’s retirement insurance benefits subsequent to his death.
James Henry Johnson died on June 2, 2011. Daniels was listed as the informant on Johnson’s death certificate. At the time of his death, Johnson was receiving approximately $1,800 in Title II Retirement Insurance Benefits (RIB) via monthly checks mailed to a P.O. Box in Memphis. The checks continued to be deposited into Johnson’s First South Credit Union account after his death.
Bank tellers identified Daniels as the one who deposited Johnson’s checks. Bank records reflect that between July 1, 2011 and March 3, 2015, approximately $80,000 of Social Security Administration (SSA) checks were deposited and cash withdrawals were made from ATMs in Memphis and at several casinos in Tunica, Mississippi. The checks were endorsed with an "X" for Johnson’s signature (his signature card on file with the bank reflected X as his signature), with Marcia Daniels signed beneath the X.
On Wednesday, March 16, 2016, Daniels pled guilty before U.S. District Judge Samuel H. Mays Jr. to one count of theft of government funds.
Daniels is scheduled to be sentenced on Thursday, June 16, 2016. She faces up to 10 years imprisonment.
This case is being investigated by SSA – Office of the Inspector General.
Assistant U.S. Attorney Stephen Hall is prosecuting this case on the government’s behalf.
Winner Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 8, 2016, by U.S. District Judge Roberto A. Lange.
Dennie Stell, age 57, was sentenced to 6 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Stell was indicted by a federal grand jury on July 14, 2015. He pled guilty on November 17, 2015.
The conviction arose from Stell’s failure to register and update his sex offender registration between September 1, 2014, and May 19, 2015. Stell was required to register due to his conviction in 1997 in Arkansas for Violation of a Minor. Even though Stell knew he was to register his new address in Winner, he failed to register and update his residential registration as required by law.
This case was investigated by the United States Marshals Service. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Stell was immediately turned over to the custody of the U.S. Marshals Service.
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West Virginia property owners, managers facing federal sexual harassment lawsuitRead the Press Release
CLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that a lawsuit was filed in the Northern District of West Virginia today against Gary Walden; the Estate of Tina Walden; Walden Homes LLC, dba Walden Rentals; and 973 Chestnut Ridge Road Inc. The lawsuit alleges that female tenants in residential rental properties owned and managed by the Waldens have been subjected to egregious sexual harassment and retaliation in violation of the Fair Housing Act.
The lawsuit alleges that Gary Walden engaged in egregious acts of sexual harassment against multiple female tenants at the residential rental properties that he and his wife – the late Tina Walden – owned and managed in the Morgantown, West Virginia, metropolitan area. The suit also alleges that Tina Walden failed to take appropriate steps when residents complained about the harassment. In the complaint, the United States alleges that the harassment by Gary Walden included engaging in unwanted and unwelcome sex acts with female tenants; engaging in unwanted sexual touching and groping; making unwelcome sexual comments and verbal advances; conditioning or offering tangible housing benefits to female tenants in exchange for performance of sex acts on him or his maintenance workers; entering the apartments of female tenants without permission or notice to harass them sexually; and taking adverse actions against female tenants when they refused or objected to his sexual advances or objected to continuing to grant sexual favors.
“We always aggressively advocate for fair housing for everyone, but the allegations in this matter are especially disturbing,” said Ihlenfeld II. “Making housing contingent upon performing sexual acts will not be tolerated and the landlord in this case will now have to answer for their abhorrent conduct. We'll stand with the female victims in this case and make sure that their rights are fully protected.”
“No woman should have to suffer sexual harassment in her home or live in fear of retaliation when she reports such heinous acts of discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Sexual abuse has no place in a civilized society, and the Justice Department will continue to vigorously enforce the Fair Housing Act by safeguarding the rights of tenants and holding perpetrators accountable.”
“When a woman is subjected to unwanted sexual advances in her home, it makes her a victim in the place where she should feel the safest and most secure,” said Assistant Secretary for Fair Housing and Equal Opportunity Gustavo Velasquez of the Department of Housing and Urban Development. “HUD will continue to stand with the Justice Department to protect the housing rights of women whenever those rights are violated.”
The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination. The complaint is an allegation of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment and housing discrimination at rental dwellings owned and/or oper ated by Gary and/or Tina Walden, or elsewhere, can contact the Housing Discrimination Tip Line at 1-800-896-7743 or e-mail the Justice Department at [email protected].
Virginia man sentenced to life in prison for crossing state lines to have sex with underage girlRead the Press Release
A Virginia man was sentenced to life in prison for traveling across state lines to engage in sexual conduct with an underage girl, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio
David W. Vickers, 42, of Leesburg, Virginia, was convicted last year on three counts: receiving and distributing visual depictions of minors engaged in sexually explicit conduct, enticement, and travel with intent to engage in illicit sexual conduct.
Vickers communicated online with what he believed to be a 29-year-old Ohio woman and her 13-year-old daughter. In fact, Vickers was communicating with law enforcement investigators. Vickers sent 20 child pornography videos, 11 bestiality videos and discussed how he liked to drug and tie up children. In January 2015, he travelled to Ohio for the purposes of having sex with what he believed to be a 13-year-old girl and was arrested, according to court documents.
The case is being prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Kevin Filiatraut following an investigation by the Ohio Internet Crimes Against Children Task Force and the United States Secret Service.
Utah Man Indicted for False Statement in Passport Application and False Use of a Social Security NumberRead the Press Release
BOISE - Jesus Ricardo Espinoza-Suarez, 43, of Layton, Utah, made an initial appearance yesterday on charges of false claim to United States citizenship, false statement in an application for passport, and false use of a social security number, U.S. Attorney Wendy J. Olson announced. Espinoza-Suarez was indicted on March 8, 2016, by a federal grand jury in Boise.
The indictment alleges that Espinoza-Suarez used a name, social security number, and date of birth which were not his own in a passport application in March 2009. The indictment further alleges that in 2014, Espinoza-Suarez falsely claimed he was a United States citizen in an application for an Idaho State driver’s license and falsely represented a social security number to be his own on an I-9 application for employment.
The charge of false claim to United States citizenship is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of false statement in application for passport is punishable by up to 10 years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of false use of a social security number is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
A trial is set for May 17, 2016, before Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
The case is being investigated by U.S. Department of State, Diplomatic Security Service and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations. The case is being prosecuted by a Special Assistant U.S. Attorney as part of a partnership venture between the Social Security Administration Office of General Counsel and the United States Attorney’s Office to prosecute social security misuse and fraud.
An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Upper Marlboro Felon Exiled to 10 Years in Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Damien Lanier Owens, age 33, of Upper Marlboro, Maryland, today to 10 years in prison followed by eight years of supervised release for possession with intent to distribute crack cocaine, and for being a felon in possession of a gun.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Chief Henry P. Stawinski of the Prince George’s County Police Department; Anne Arundel County Police Chief Tim Altomare; and Calvert County Sheriff Mike Evans.
According to his plea agreement, on October 29, 2013, law enforcement executed a search warrant at a residence where Owens was staying with his girlfriend, Asia Renee Holland. A 9mm semiautomatic pistol was recovered from the bedroom where Owens and Holland were found. The firearm had been reported as stolen. Owens had previously been convicted of a felony and was prohibited from possessing a firearm.
On November 4, 2014, deputies from the Calvert County Sheriff’s Office Drug Enforcement Unit and Special Operations Team, and a DEA Task Force Officer executed search warrants for a vehicle registered to Owens’ girlfriend, and for the body of Owens. The search warrants were executed while the vehicle was parked at a gas station in Dunkirk, Maryland, with Owens in the driver’s seat and Holland in the passenger seat of the vehicle.
Law enforcement recovered from the car: a digital scale with suspected cocaine residue; .32 grams of crack cocaine; and an unlabeled pill bottle with four oxycodone pills, recovered from Holland’s purse. A female deputy conducted a search of Holland after she became irate and screamed at and confronted law enforcement officers during the search of the vehicle. The deputy recovered two clear baggies containing a total of 31.05 grams of crack cocaine and 54.35 grams of powder cocaine from Holland’s crotch area. Owens admitted that the drugs in the car and recovered from Holland were his.
Asia Renee Holland, age 24, also of Upper Marlboro, pleaded guilty to the drug charge and is scheduled to be sentenced on April 18, 2016.
United States Attorney Rod J. Rosenstein commended the DEA, ATF, Prince George’s County Police Department, Anne Arundel County Police Department and Calvert County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Joseph R. Baldwin and Kelly O’Connell Hayes, who prosecuted the case.
Troy Felon Sentenced to 18 Months for Firearm PossessionRead the Press Release
ALBANY, NEW YORK – William J. Richardson, age 41, of Troy, New York, was sentenced today to 18 months in prison for possessing a firearm as a felon and possessing an unregistered firearm.
The announcement was made by United States Attorney Richard S. Hartunian and Delano A. Reid, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.
U.S. District Judge Thomas J. McAvoy also sentenced Richardson to 3 years of supervised release, to be served following Richardson’s release from prison.
On May 13, 2015, Richardson sold a sawed-off rifle, a Taurus Circuit Judge manufactured in Brazil, for $500 in a parking lot on Livingston Avenue in Albany. Richardson could not possess the firearm because he had a prior felony conviction. Additionally, the rifle as modified measured less than 26 inches, and it had not been registered in the National Firearms Registration and Transfer Record as required.
This case was investigated by the ATF, with assistance from Homeland Security Investigations and the Albany County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Three Virginia Men and One Scranton Man Charged with Armed Robbery of Econo Lodge in ScrantonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a grand jury indicted three Virginia residents and a Scranton man for the armed robbery of the Econo Lodge, located on Kane Street in Scranton, which occurred on February 13, 2016.
According to United States Attorney Peter Smith, the indictment charges Tracy Whiting, age 24, of Newport News, Virginia; Kwa’shon Roane, age 24, of Gloucester, Virginia; Kelvin Robinson, age 24, of Newport News, Virginia, and Rodney Whiting, age 23, of Scranton; with one count of interference with commerce by robbery and aiding and abetting, one count of conspiracy to commit interference with commerce by robbery, and one count of brandishing a firearm in furtherance of a crime of violence.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Scranton Police Department, the Pennsylvania State Police, the Lackawanna County District Attorney’s Office, Taylor Borough and Moosic Borough Police Departments.
Prosecution has been assigned to Assistant United States Attorney Robert J. O’Hara
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the robbery charges under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. The charge of brandishing a firearm carries a mandatory minimum sentence of seven years, consecutive to any other sentence.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Rockford Area Men Charged with ArsonRead the Press Release
ROCKFORD — Three local men were indicted yesterday by a federal grand jury in Rockford, Ill. on charges of arson.
JASON VANDUYN, 39, of Machesney Park, Ill.; and BRIAN BURD, 48, and ROBERT WARMOTH, 42, both of Rockford, were all charged with one count of arson and one count of conspiracy to commit arson.
The indictment alleges that between June 7 and 12, 2015, Vanduyn recruited Burd and Warmoth to blow up a pickup truck. According to the indictment, Vanduyn had been in a fistfight with the owner of the truck on June 7, 2015, and Vanduyn wanted to exact revenge on the owner. The indictment states that Vanduyn offered to pay Burd and Warmoth and provided them with an explosive to use. During the early morning hours of June 12, 2015, Warmoth drove Burd to an area near Theodore Street in Loves Park, Ill., where the truck was parked. Burd smashed a window on the truck and placed the explosive in the truck, the indictment charges. No one was injured in the ensuing explosion.
Each count of arson and conspiracy to commit arson carries a mandatory minimum penalty of 5 years in prison and a maximum penalty of up to 20 years in prison, in addition to a fine of up to $250,000. If convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Vanduyn was arrested this morning and pleaded not guilty during his arraignment today before U.S. Magistrate Judge Iain D. Johnston. Vanduyn was ordered to be held in federal custody until a detention hearing on March 21, 2016, at 9:30 a.m. Burd and Warmoth are scheduled to appear before U.S. Magistrate Judge Johnston for arraignment on March 17, 2016, at 11:30 a.m.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael Anderson, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation; Jeffery Magee, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and, Rodney Scott, Chief of the Loves Park Police Department.
The investigation was conducted under the auspices of the FBI Safe Streets Task Force, which includes representatives from the FBI, ATF, Loves Park Police Department, Winnebago County Sheriff’s Department, and Rockford Police Department.
The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
Indictment
Talladega Man Sentenced to 55 Years for Aggravated Sexual Abuse of a ChildRead the Press Release
BIRMINGHAM – U.S. District Judge Abdul K. Kallon today sentenced a truck driver from Talladega to 55 years in prison and a lifetime term of supervised release for his aggravated sexual abuse of a child under age 12, announced U.S. Attorney Joyce White Vance and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.
A federal jury convicted RICK LEE EVANS, 43, on Dec. 11, 2015, for the aggravated sexual abuse of a child.
According to evidence introduced at trial, Evans, a former U.S. Army soldier, and his then-wife, a Department of Defense employee, were living in Germany when they were asked to take temporary custody of a five-year-old child whose parents were deployed to Iraq with the U.S. Army. Trial evidence showed that from May 2007 to December 2008, while the child lived with Evans, he sexually abused the child on multiple occasions.
Assistant U.S. Attorney Jacquelyn Hutzell of the Northern District of Alabama and Trial Attorney Austin M. Berry of the DOJ Criminal Division’s Child Exploitation and Obscenity Section prosecuted the case. U.S. Army Criminal Investigations Division and the FBI’s Birmingham, Alabama, Division investigated the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
St. Louis County Woman Pleads Guilty to Fraud ChargesRead the Press Release
St. Louis, MO – Linda Sweazy, of St. Louis County, pled guilty to a mail fraud charge involving her embezzlement from a former employer. Sweazy appeared before United States District Judge Audrey Fleissig. Sentencing has been set for June 28, 2016.
In her plea agreement, Sweazy admitted to embezzling $215,000 from her former employer, a Clayton businessperson identified as F.S. Sweazy admitted that she embezzled from F.S. by making unauthorized, personal charges to F.S.’s credit card and using F.S.’s funds to pay the credit card bill. Sweazy also admitted to giving herself unauthorized raises, bonuses and extra paychecks and to manipulating the payroll records of F.S.’s business to cover up her malfeasance.
Mail fraud carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges. Restitution is mandatory under the Mandatory Victims Restitution Act. Additionally, Sweazy agreed to a forfeiture allegation that will result in a money judgment for $215,000 against her.
The case was investigated by the FBI and the Clayton, Missouri, Police Department. Assistant United States Attorney Tom Albus is handling the case for the U.S. Attorney’s Office.
Somerset County, New Jersey, Man Who Was Found with Air Tank Filled with 26 Kilograms of Narcotics Gets 70 Months in PrisonRead the Press Release
NEWARK, N.J. – A Somerset, New Jersey, man who was pulled over in an SUV with an air tank hiding 19 kilograms of cocaine and seven kilograms of heroin that he intended to distribute in the Jersey City, New Jersey, area was sentenced today to 70 months in prison, U.S. Attorney Paul J. Fishman announced.
Richard Vasquez Rodriguez, 35, previously pleaded guilty before U.S. District Judge Kevin McNulty to a superseding information charging him with one count of distribution and possession with intent to distribute cocaine and one count of distribution and possession with intent to distribute heroin. Judge McNulty imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On Jan. 16, 2014, Rodriguez was driving a 2005 Blue Chevrolet Tahoe on the New Jersey Turnpike headed towards Jersey City. Law enforcement officers pulled over Rodriguez, and he consented to a search of the vehicle.
Law enforcement found an air tank, similar to a helium tank for filling balloons, lying in the back of the Chevrolet Tahoe. Upon closer inspection, it appeared that one end of the air tank had been removed at some point and welded back together. A search of the air tank revealed that it contained approximately 19 kilograms of cocaine and seven kilograms of heroin. Rodriguez admitted that he transported the air tank with the intent to distribute the cocaine and heroin.
In addition to the prison term, Judge McNulty sentenced Rodriguez to three years of supervised release.
U.S. Attorney Fishman credited special agents of the Drug Enforcement Administration (DEA), New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, and officers of the N.J. State Police, under the direction of Col. Joseph R. Fuentes, superintendent of the state police, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Jacques S. Pierre, Joyce M. Malliet and Francisco J. Navarro of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Dennis D.S. McAlevy Esq., Union City, New Jersey
Sheffield Lake man pleads guilty to providing support to ISIL and firearms violationsRead the Press Release
A Sheffield Lake man pleaded guilty to providing material support to Islamic State of Iraq and the Levant (ISIL), as well as firearms violations.
Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Carole S. Rendon of the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division made the announcement.
Amir Said Rahman Al-Ghazi, 39, also known as Robert C. McCollum, pleaded guilty to one count of attempting to provide material support to a designated foreign terrorist organization and two counts of being a felon in possession of firearms.
He is scheduled to be sentenced on June 23.
“This case is a stark reminder that ISIL does not present an abstract threat,” Acting U.S. Attorney Rendon said. “Through social media and other means, ISIL and groups like it seek to radicalize people of all backgrounds into its world of violence.”
“This case demonstrates law enforcement’s number one priority -- to keep our communities and our nation safe,” said Special Agent in Charge Anthony. “It is clear that no area is immune from the influence of ISIL and its supporters. We hope this case will serve as a strong message to others who may consider providing support to terrorists. The FBI and our Joint Terrorism Task Force partners are committed to identifying and stopping these individuals.”
Al-Ghazi, who changed his name from Robert McCollum last year, pledged his support to ISIL and Abu Bakr Al-Baghdadi via social media in 2014. From July 2014 to June 2015, Al-Ghazi made multiple statements trying to persuade others to join ISIL. He also expressed his own desire to perpetrate an attack on the United States and had attempted to purchase an AK-47 assault rifle. Al-Ghazi has communicated with individuals he believed to be members of ISIL in the Middle East and took steps to create propaganda videos for ISIL, according to court documents.
This case is being prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd and Christos N. Georgalis following an investigation by the FBI’s Joint Terrorism Task Force.
Sex Offender “Babysitter” Sentenced to 50 Years for Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 43-year-old resident of Aransas Pass has been ordered to federal prison following his conviction of sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Daniel Benson Billman Jr., pleaded guilty to the charges Jan. 4, 2016.
Today, Senior U.S. District Judge Janis Graham Jack handed Billman a sentence of 600 months in federal prison. Billman was further ordered to serve the rest of his life on supervised release, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender and must pay $8000 in restitution. In handing down the sentence, Judge Jack told Billman that if she could have given him more time, she would have done so.
At today’s hearing, the court heard an impact statement from the victim’s mother. In the statement, the victim’s mother detailed how the crime had affected her daughter and family. Additional information was also presented including the fact that Billman had 14 previous criminal convictions. Of those, five were for failing to register as a sex offender. The court also heard testimony from a Homeland Security Investigations (HSI) agent who explained that authorities discovered text messages between Billman and a woman who had an 11-year-old daughter. In the text messages, Billman requested nude photographs of the child, instructed the woman on how to take the photographs and instructed her on how to groom the child in order to entice her into having sex with Billman.
At the time of his plea, Judge Jack heard that authorities had learned of a possible sexual assault involving a seven-year-old child in August 2015. The child was soon identified, confirmed the abuse and that Billman was the man who committed the crime.
Authorities executed a search warrant at Billman’s residence and seized a cellular telephone. Forensic examination led to the discovery of three images and one video of the child involved in sexual explicit conduct. Authorities also located over 1,000 images of child pornography. The images depicted infants and toddlers involved in sexual explicit conduct. Many of the images included bondage with the use of rope and duct tape as well as bestiality.
Billman admitted he sexually-assaulted the child and took explicit photographs and video of the incident.
Billman and his girlfriend had placed an ad on craigslist offering babysitting services. The victim’s mother answered the ad and the girlfriend was supposed to care for the children. Instead, Billman sexually assaulted the seven-year-old girl in a hotel and in his girlfriend’s Ford Explorer. He also recorded the crime.
Billman was arrested on the federal charges in October 2015 and has been in custody since that time where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges were the result of an investigation conducted by HSI and the Aransas Pass Police Department with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, 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."
Scranton Man Sentenced to 59 Months for Robbing PNC BankRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Scranton man was sentenced to 59 months’ imprisonment by United States District Court Judge James Munley for committing a bank robbery on July 14, 2015.
According to United States Attorney Peter Smith, Chester Williams, age 32, previously pleaded guilty to robbing the West Scranton branch of PNC bank on South Main Avenue, during which he stole $540. In the course of the bank robbery, Williams passed a threatening note to a bank teller, and used cocoa butter to conceal his face. Judge Munley ordered Williams to make restitution to PNC bank in the amount of $540.
The case was investigated by the Federal Bureau of Investigation and the Scranton Police Department. Assistant United States Attorney Phillip J. Caraballo and former Assistant United States Attorney Peter Hobart prosecuted the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district-wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend and prosecute individuals who commit violent crimes.
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Schaumburg Real Estate Executive Guilty of Evading More Than $550,000 in Personal Income TaxesRead the Press Release
CHICAGO — The owner of a Schaumburg real estate appraisal company pleaded guilty in federal court today to willfully failing to pay more than $550,000 in personal income taxes.
WILLIAM DADDONO, the owner of Advanced Appraisal Group, admitted in a plea agreement that from 2005 to 2010 he failed to pay taxes on more than $1.92 million in personal income. Daddono attempted to conceal the earnings by having the money deposited in a corporate account held in the name of a defunct business that he previously owned.
Daddono, 59, of Palatine, pleaded guilty to one count of willfully attempting to evade and defeat the payment of federal income tax. The conviction carries a maximum sentence of three years in prison and a maximum fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater.
U.S. District Judge Sharon Johnson Coleman scheduled a sentencing hearing for June 10, 2016.
According to the plea agreement, Daddono owned and operated AAG and later American Appraisal Consultants, both of which were based in Schaumburg and provided real estate appraisal services. Daddono caused the companies to issue checks to Real Property Valuations, a defunct Illinois business that Daddono previously owned. To conceal the scheme, Daddono instructed employees of AAG and AAC to record the checks as corporate expenses.
As the sole signatory on a bank account held in the name of Real Property Valuations, Daddono was able to deposit the checks and then withdraw the money for personal use, according to the plea agreement. Daddono failed to report the amounts paid to him by AAG and AAC as income on his individual federal tax returns.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; James D. Robnett, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorney Sheri Mecklenburg.
Rogers Man Sentenced to 40 Months in Federal Prison for Child Pornography OffenseRead the Press Release
Fayetteville, Arkansas – Kenneth Elser, Acting United States Attorney for the Western District of Arkansas, announced that Trent Douglas Ferrell, age 30, of Rogers, Arkansas, was sentenced today to 40 months in prison followed by 10 years of supervised release and was ordered to pay a $4,700.00 fine on one count of Knowingly Accessing The Internet With The Intent To View Material That Contains An Image Of Child Pornography. The Honorable Timothy L. Brooks presided over the sentencing in the United States District Court in Fayetteville.
According to court records, in August of 2014, the Northwest Arkansas Internet Crimes Against Children Task Force and Homeland Security Investigations identified a specific computer that contained a number of suspected child pornography images available for download and determined that the computer was located at Ferrell’s residence in Benton County. On September 18, 2014, law enforcement executed a search warrant at Ferrell’s residence and Ferrell admitted to using file sharing software to download images depicting child pornography onto his computers. A subsequent forensic examination of Ferrell’s hard drives yielded over 30 still images and over 160 video images depicting child pornography. Ferrell was indicted by a federal grand jury on September 16, 2015 and pleaded guilty to the charge on December 4, 2015.
This case was investigated by the Northwest Arkansas Internet Crimes Against Children Task Force and Homeland Security Investigations. Assistant United States Attorney Denis Dean 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
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 11, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher Bald Eagle, age 61, was sentenced to 2 years of probation, to include 100 hours of community service, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bald Eagle was indicted for the charge on October 20, 2015, and pleaded guilty on December 4, 2015.
The conviction stems from Bald Eagle failing to register as a convicted sex offender between August 12, 2015, and September 27, 2015.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
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