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16 March 2016
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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Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Odell Thomas Goodshield, Jr., age 56, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and a $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between January 6, 2016, and January 28, 2016, Goodshield, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere. On June 14, 1999, Goodshield was sentenced to 188 months in federal custody for Aggravated Sexual Abuse of a Minor, and as a result of this conviction, he is required to register as a sex offender.
The charge is merely an accusation and Goodshield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Goodshield was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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Pocatello Man Pleads Guilty to Distribution of Methamphetamine and Illegal Possession of FirearmsRead the Press Release
POCATELLO – Christopher Keeling, 30, of Pocatello, Idaho, pleaded guilty today in United States District Court to conspiracy to distribute methamphetamine and possession of firearms by a convicted felon, U.S. Attorney Wendy J. Olson announced. Keeling was indicted by a federal grand jury on August 25, 2015.
According to the plea agreement, on various occasions between October 2014, and June 9, 2015, Keeling distributed in excess of fifty grams of actual methamphetamine to a confidential informant and undercover officer in Pocatello and Idaho Falls, Idaho. On June 9, 2015, law enforcement served a search warrant on the defendant’s residence in Pocatello, Idaho. Prior to that date, the defendant had been convicted of felony possession of a controlled substance. During the search warrant, officers found the defendant to be in possession of several handguns and shotguns.
The charge of conspiracy to distribute methamphetamine is punishable by ten years to life in prison, at least five years of supervised release, and a fine of up to $1,000,000. The charge of possession of a firearm by a convicted felon is punishable by up to ten years in prison, three years of supervised release, and a fine of up to $250,000.
Keeling is scheduled to be sentenced on May 23, 2016, before Senior U.S. District Judge Edward J. Lodge in Pocatello.
The case was investigated by the Idaho State Police, Pocatello Police Department, Bonneville County Sheriff’s Office, the Bureau of Alcohol, Tobacco and Firearms, and the Drug Enforcement Administration.
Phenix City Man Convicted of Federal Gun and Drug CrimesRead the Press Release
Montgomery, Ala— Today, a federal jury convicted Antonio Darset King, Sr., 46 years old of Phenix City, Alabama, on federal gun and drug charges, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama.
Evidence at trial established that on February 23, 2014, Russell County Sheriff’s Office investigators executed a search warrant at King’s Phenix City residence. There, they recovered a firearm, more than 5 grams of cocaine, and approximately $3,000 dollars in cash. Testimony from law enforcement agents established that King intended to distribute the cocaine recovered by investigators. Further, testimony established that King possessed the firearm in question for the purpose of protecting his drug trafficking trade. Because King had previously been convicted of felony offenses, King was prohibited from possessing a firearm by federal law.
In April 2014, a federal grand jury indicted King on one count of possession of a firearm by a convicted felon. In October of 2014, that grand jury added one count of possession of cocaine with intent to distribute it and one count of possession of a firearm in furtherance of a drug-trafficking offense. At trial, a jury found King guilty of all three counts.
A sentencing hearing for King is yet to be scheduled. King faces 15 years to life imprisonment for being previously convicted of felonies and in possession by a firearm; up to 30 years imprisonment for the drug possession count; and 5 years to life for the firearm possession in furtherance of a drug trafficking count. The sentence for possession of a firearm in furtherance of a drug trafficking crime will be added to any sentence imposed on the drug count. Additionally, King faces a maximum fine of $750,000 on the three counts combined.
“My office is committed to taking illegal gun toters and violent drug dealers off the streets,” stated U.S. Attorney Beck. “We will continue to work with our law enforcement partners to do all that is necessary to keep our streets safe.”
“Antonio King is one of Russell County’s most dangerous criminals, ever,” stated Russell County Sheriff Heath Taylor. “I am thankful to U.S. Attorney Beck, and his Assistant U.S. Attorney Todd Brown for a great job in prosecuting the Antonio King case on our behalf. This firearm and drug case was a result of a search warrant on King’s property, which was directly related to a capital murder case which occurred here in Russell County. King has been arrested and is awaiting trial for that capital murder. I believe that the citizens will rest easier now, knowing that King will be locked up for a long time.”
“This focused investigation will have a lasting impact on reducing firearms related violence from the streets of the Phenix City area,” stated Steve Gerido, ATF Special Agent in Charge. “The collaborative efforts of ATF and our partners continue to identify and investigate violent criminals who lessen the quality of life in our neighborhoods”
This case was investigated by the Russell County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Todd A. Brown prosecuted the case.
Penn Yan Man Indicted on Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a 13 count superseding indictment charging James E. Sandford, III, 28, of Penn Yan, NY, with narcotics conspiracy, distribution of controlled substances within 1,000 feet of a school, distribution of controlled substances to persons under age 21, possession of various controlled substances with intent to distribute them, possession of a firearm in furtherance of a drug trafficking crime, possession of a stolen firearm, possession of a firearm by a felon, and witness tampering. The drug charges carry a maximum penalty of life in prison and a $2,000,000 fine.Assistant U.S. Attorney Jennifer Noto, who is handling the case, stated that according to the superseding indictment, the defendant distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. During that time period, Sanford distributed synthetic controlled substances and controlled substance analogues, which are designed to mimic the effects of controlled substances, to individuals under the age of 21 and also within 1000 feet of St. Michael’s School, a private elementary school in Penn Yan.
The superseding indictment further states that on February 22, 2015, the defendant traded synthetic cannabinoids with a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun.
The defendant was initially arraigned on a criminal complaint in the Western District of New York on June 4, 2015. Subsequent to his arrest on the federal charges, Sanford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: “I’m not going to be in jail long. I will see you on the outside you snitch,” with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of defendant.
Sanford will be arraigned on Tuesday, March 22, 2016 before U.S. Magistrate Judge Marian W. Payson. He is being detained pending trial in this matter.
The superseding indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Penn Yan Police Department, under the direction of Chief Mark Hulse, the Yates County Sheriff’s Department, under the direction of Ronald Spike, and the Yates County District Attorney’s Office, under the direction of Valerie Gardner.
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.
Oxycodone trafficking indictment returnedRead the Press Release
MARTINSBURG, WEST VIRGINIA – A federal grand jury has returned an indictment charging Suhip E. Ebrahim, 26, of Bridgeport, West Virginia, and Ronnell A. Williams, 41, of Wheeling, West Virginia, with oxycodone trafficking, United States Attorney William J. Ihlenfeld, II, announced.
Ebrahim and Williams allegedly conspired to possess and sell oxycodone throughout 2015 and 2016 in Ohio County, West Virginia. Specifically, Williams is alleged to have sold oxycodone on multiple occasions in February 2016. Ebrahim was arrested in Wheeling earlier this month after he was discovered to be in possession of a large quantity of oxycodone pills. Following his arrest, a federal judge ordered that Ebrahim be detained pending trial.
Both defendants are charged with one count of “Conspiracy to Distribute Oxycodone.” Ebrahim is further charged with one count of “Possession with Intent to Distribute Oxycodone.” Williams is further charged with three counts of “Distribution of Oxycodone.” The defendants each face up to 20 years in prison and a fine of up to $1,000,000 on each of the aforementioned counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Robert McWilliams and Jarod Douglas are prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crime Task Force, the Marshall County Drug and Violent Crime Task Force, and the Greater Harrison County Drug and Violent Crime Task Force, all HIDTA-funded initiatives, are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Oregon Man Charged with Using Fictitious Financial Instruments and Failing to File Income Tax ReturnsRead the Press Release
A federal grand jury sitting in Portland, Oregon, returned a superseding indictment yesterday afternoon charging a Hillsboro, Oregon man with 13 counts of making, presenting and transmitting fictitious financial instruments and six counts of willfully failing to file income tax returns, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division announced.
According to the superseding indictment, beginning in or about February 2008 and continuing through at least June 2015, Winston Shrout knowingly devised and participated in a scheme to defraud financial institutions and the United States out of monies by making, presenting and transmitting fictitious financial instruments, which he variously called, among other things, “International Bills of Exchange” and “Non-Negotiable Bills of Exchange.” Shrout claimed that these fictitious financial instruments had monetary value when he knew they were in fact worthless. It is alleged that during the course of his scheme, Shrout produced and issued more than 300 fictitious financial instruments, purported to be worth more than $100 trillion, on his own behalf and for credit to third parties. The superseding indictment further alleges that Shrout promoted and marketed the use of fictitious financial instruments as a way to pay off debts, including federal income taxes, through seminars and private client consultations. Shrout is alleged to have sold recordings of his seminars, templates for fictitious financial instruments, and other materials through his website.
In addition, the superseding indictment alleges that Shrout received income for the years 2009 through 2014 from various sources, including presentations at seminars, licensing fees associated with the sale of products in his name and his business, Winston Shrout Solutions in Commerce, and annual pension payments. It is alleged that Shrout willfully failed to file income tax returns with the Internal Revenue Service (IRS) for those years to report his income, despite being required to do so.
If convicted, Shrout faces a statutory maximum sentence of 25 years in prison on each count of making, presenting and transmitting a fictitious financial instrument and one year in prison for each count of willful failure to file income tax returns.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
Acting Assistant Attorney General Ciraolo thanked special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Stuart A. Wexler and Ryan R. Raybould of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Ohio Man Sentenced for Illegally Possessing a Firearm and MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Van Wert, Ohio, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on March 1, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Donald E. Lewis, age 52, was sentenced to 30 months of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Lewis was charged on September 15, 2015, and pleaded guilty on November 20, 2015.
The conviction stems from Lewis, a previously convicted felon, knowingly possessing a Colt, .45 caliber pistol and methamphetamine while driving near the Fort Meade Recreational Area.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Department of Interior, Bureau of Land Management. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Lewis was immediately turned over to the custody of the U.S. Marshals Service.
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Ohio Man Pleads Guilty to Attempting to Provide Material Support to ISIL and Possessing Firearms as a FelonRead the Press Release
A Sheffield Lake, Ohio, man pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, 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 ISIL and two counts of possessing firearms as a felon.
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 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.
He is scheduled to be sentenced on June 23, 2016.
This case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd and Christos N. Georgalis of the Northern District of Ohio, with assistance from the National Security Division’s Counterterrorism Section.
North Carolina Man Sentenced to Prison for Bankruptcy and Tax FraudRead the Press Release
A Burlington, North Carolina, man was sentenced today to 24 months in prison for bankruptcy fraud and tax fraud, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Department of the Justice’s Tax Division and U.S. Attorney Ripley Rand of the Middle District of North Carolina.
“The department, working with our partners within the IRS, is committed to identifying and prosecuting individuals who lie to or mislead the IRS in an effort to obstruct tax administration and evade the assessment or collection of tax due,” said Acting Assistant Attorney General Ciraolo. “Our system of voluntary compliance only works if individuals like Mr. Blackwell, who abuse the system and cheat their fellow citizens, are held accountable for their criminal conduct.”
“The fraudulent use of bankruptcy and other court proceedings to steal from taxpayers is of grave concern, and the U.S. Attorney’s Office remains vigilant in the effort to hold accountable those who would defraud the government,” said U.S. Attorney Rand.
According to court documents, Faiger Blackwell, 59, owned several businesses, including a funeral home, in North Carolina. In 2007, Blackwell filed for bankruptcy for himself and his funeral home after accumulating more than $300,000 in outstanding federal taxes and more than $1 million in other debts. During the bankruptcy proceedings, Blackwell concealed rental income from the bankruptcy court and instead used the money to pay for business and personal expenses. In July 2009, after the Internal Revenue Service (IRS) levied one of Blackwell’s business bank accounts, he set up another company that was created for banking purposes only and corresponding bank accounts in order to divert funds and circumvent the levy. Blackwell concealed these funds from the bankruptcy court, the IRS, and other creditors and used them to pay for business and personal expenses, including a cruise. Blackwell pleaded guilty in November 2015 to one count of concealment of assets from a bankruptcy estate and one count of impeding the due administration of the internal revenue laws.
In addition to the prison term, Chief U.S. District Court Judge William L. Osteen Jr. for the Middle District of North Carolina ordered Blackwell to serve three years of supervised release following his prison term and also ordered him to pay $404,619.29 in restitution.
“Today’s sentencing of Mr. Blackwell for bankruptcy fraud sends a clear signal for those who may be considering similar actions,” said Special Agent in Charge Thomas J. Holloman III of IRS-Criminal Investigation, Charlotte Field Office. “The bankruptcy system is based on a debtor making a full disclosure of all assets and liabilities. When individuals use this system to evade their debt obligations to the government and their creditors, they are engaging in criminal activity. IRS-Criminal Investigation is proud to work with our law enforcement partners by lending its expertise in these complex financial investigations.”
Acting Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of IRS-Criminal Investigation, who investigated the case and Assistant U.S. Attorney Frank Chut of the Middle District of North Carolina and Trial Attorney Nathan Brooks of the Tax Division, who prosecuted the case.
More information about the Tax Division and its enforcement efforts can be found on the division’s website.
North Carolina Man Sentenced to Prison for Bankruptcy and Tax FraudRead the Press Release
WASHINGTON – A Burlington, North Carolina, man was sentenced today to 24 months in prison for bankruptcy fraud and tax fraud, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Department of the Justice’s Tax Division and U.S. Attorney Ripley Rand of the Middle District of North Carolina.
“The department, working with our partners within the IRS, is committed to identifying and prosecuting individuals who lie to or mislead the IRS in an effort to obstruct tax administration and evade the assessment or collection of tax due,” said Acting Assistant Attorney General Ciraolo. “Our system of voluntary compliance only works if individuals like Mr. Blackwell, who abuse the system and cheat their fellow citizens, are held accountable for their criminal conduct.”
“The fraudulent use of bankruptcy and other court proceedings to steal from taxpayers is of grave concern, and the U.S. Attorney’s Office remains vigilant in the effort to hold accountable those who would defraud the government,” said U.S. Attorney Rand.
According to court documents, Faiger Blackwell, 59, owned several businesses, including a funeral home, in North Carolina. In 2007, Blackwell filed for bankruptcy for himself and his funeral home after accumulating more than $300,000 in outstanding federal taxes and more than $1 million in other debts. During the bankruptcy proceedings, Blackwell concealed rental income from the bankruptcy court and instead used the money to pay for business and personal expenses. In July 2009, after the Internal Revenue Service (IRS) levied one of Blackwell’s business bank accounts, he set up another company that was created for banking purposes only and corresponding bank accounts in order to divert funds and circumvent the levy. Blackwell concealed these funds from the bankruptcy court, the IRS, and other creditors and used them to pay for business and personal expenses, including a cruise. Blackwell pleaded guilty in November 2015 to one count of concealment of assets from a bankruptcy estate and one count of impeding the due administration of the internal revenue laws.
In addition to the prison term, Chief U.S. District Court Judge William L. Osteen Jr. for the Middle District of North Carolina ordered Blackwell to serve three years of supervised release following his prison term and also ordered him to pay $404,619.29 in restitution.
“Today’s sentencing of Mr. Blackwell for bankruptcy fraud sends a clear signal for those who may be considering similar actions,” said Special Agent in Charge Thomas J. Holloman III of IRS-Criminal Investigation, Charlotte Field Office. “The bankruptcy system is based on a debtor making a full disclosure of all assets and liabilities. When individuals use this system to evade their debt obligations to the government and their creditors, they are engaging in criminal activity. IRS-Criminal Investigation is proud to work with our law enforcement partners by lending its expertise in these complex financial investigations.”
Acting Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of IRS-Criminal Investigation, who investigated the case and Assistant U.S. Attorney Frank Chut of the Middle District of North Carolina and Trial Attorney Nathan Brooks of the Tax Division, who prosecuted the case.
More information about the Tax Division and its enforcement efforts can be found on the division’s website.
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New Orleans Musician “Big Freedia” Pleads Guilty to Theft of Government FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FREDDIE ROSS, JR., age 38, of New Orleans, who performs under the stage name BIG FREEDIA, pled guilty today to theft of government funds.
According to court documents, the United States Department of Housing and Urban Development, a department of the United States, provided federal funds to local public housing authorities to assist low income citizens with private market rental payments, including utility payments, through a tenant-based voucher program known as the Housing Choice Voucher Program, or “Section 8” Program. The Section 8 program was created to subsidize the rents of the very poor, the elderly, and the disabled by allowing families to choose privately owned rental housing and subsidizing the majority of the fair market rent. Program participants paid part of their rents—an amount equal to thirty percent of the household's income—and the federal government directly pays the landlords the remainder. The eligibility for Section 8 benefits and the amount of the voucher subsidy were determined by, among other things, the household income of the applicant and the number of people in the household. In New Orleans, this amounted to not more than $21,700 per year.
ROSS first applied for Section 8 benefits in March 2009. He listed his monthly income as between $100 and $1,000, and he disclosed no additional assets on his application. As a result of these representations, ROSS was accepted into the program and began receiving approximately $521 per month for his rental of a residence in New Orleans.
Thereafter, ROSS submitted recertification documents to HANO on a yearly basis through 2014. HANO relied on ROSS’s representations in the documents to determine whether he continued to qualify for Section 8 benefits. In his yearly recertification forms, ROSS falsely listed his annual income to be as follows: $0 (2011), $14,400 (2012), $12,000, plus a one-time $2,000 gift from his father (2013), and $12,000 (2014). ROSS also listed his assets to be as follows: $0 (2011), $100 (2012), $165 (2013), $250 (2014).
In fact, ROSS derived considerable income through his entertainment and music businesses, including payments for performing concerts, starring in television programs, royalties, and the sale of merchandise bearing his likeness. ROSS failed to disclose this income to HANO, as well as the existence of multiple bank accounts under his name and the name of his several corporate entities. ROSS’s statements about the amount of his assets constituted material misrepresentations upon which HANO representatives relied to determine his eligibility to receive Section 8 benefits. ROSS’s true income, had he reported it accurately, would have disqualified him from receiving Section 8 benefits in each year between 2010 and 2014. In total, as a result of the false representations ROSS made to HANO, he fraudulently received the benefit of Section 8 funds to rent the residences in New Orleans totaling approximately $34,849.00 between about January 2010 and November 2014.
ROSS faces a maximum term of imprisonment of not more than ten years in prison, followed by up to three years of supervised release, and a $250,000 fine. U.S. District Judge Lance M. Africk set sentencing for June 16, 2016.
U.S. Attorney Polite praised the work of the United States Department of Housing and Urban Development – Office of the Inspector General and the Federal Bureau of Investigation, with assistance from the Housing Authority of New Orleans in investigating this matter. U.S. Attorney Polite also praised the work of Assistant United States Attorneys Jordan Ginsberg, Maria Carboni, and Forensic Analyst Josephine Beninati, CPA, CFE, who was responsible for identifying the true sources and amount of ROSS’s income.
Navajo Woman Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Sheiva Dee Joe, 30, an enrolled member of the Navajo Nation who resides in Yahtahey, N.M., pleaded guilty this morning to an indictment charging her with involuntary manslaughter. Under the terms of her plea agreement, Joe will be sentenced to 18 months in federal prison followed by a term of supervised release to be determined by the court.
Joe was arrested on July 15, 2015, on an indictment charging her with killing a man on Nov. 18, 2014, while driving under the influence of alcohol on the Navajo Indian Reservation in McKinley County, N.M.
During today’s hearing, Joe pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol. Joe admitted that because of her intoxication, she was incapable of exercising clear judgment and a steady hand in operating a vehicle, and that she operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
Joe remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
Mt. Vernon, Illinois, Man Sentenced on Robbery and Gun Related ChargesRead the Press Release
A Mt. Vernon, Illinois, man was sentenced on March 15, 2016, to federal prison on robbery and gun related charges, James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today.
David D. Weatherall, 26, of Mt. Vernon, IL, was sentenced to 385 months’ imprisonment, three years’ supervised release following his imprisonment, and ordered to pay $1,837 in restitution. Weatherall had previously pleaded guilty to four counts in a federal indictment.
Count 1 charged that on December 8, 2014, in Jefferson County, Weatherall while aiding and abetting another person, did unlawfully obstruct, delay and affect, and attempt to obstruct, delay and affect, commerce by robbery, in that Weatherall and another person did unlawfully take and obtain personal property consisting of United States Currency and cigarettes, belonging to Huck’s Convenient Food Store, 540 Fairfield Road, Mt. Vernon, Illinois, by means of actual and threatened force, violence and fear of injury, and by brandishing a firearm.
Count 2 charges that on December 8, 2014, in Jefferson County, Weatherall did knowingly aid and abet another person, who did knowingly brandish a firearm, during and in relation to a crime of violence as charged in Count 1.
Count 3 charges that on December 9, 2014, in Marion County, Weatherall did unlawfully obstruct, delay and affect, and attempt to obstruct, delay and affect, commerce by robbery, in that Weatherall did unlawfully take and obtain personal property consisting of United States Currency and Hennessy Liquor, belonging to Biggies Cafe and General Store, 3858 State Route 161, Centralia, Illinois, by means of actual and threatened force, violence and fear of injury, and by brandishing a firearm.
Count 4 charged that on December 9, 2014, in Marion County, Weatherall did knowingly brandish a firearm during and in relation to a crime of violence as charged in Count 3.
The investigation in this case was conducted by the Mt. Vernon Police Department, the Jefferson County Sheriff’s Office, the Marion County Sheriff’s Office, and the Centralia Police Department.
The case is being handled by Assistant United States Attorney George Norwood.
Monroe Resident Sentenced to 18 Years in Prison for Transporting Child PornographyRead the Press Release
CHARLOTTE, N.C. – On Tuesday, March 15, 2016, U.S. District Judge Max O. Cogburn, Jr. sentenced Gerald Lynn Weir, Jr., 45, of Monroe, N.C., to 216 months in prison on transportation of child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Weir was also ordered to serve a lifetime of supervised release and was ordered to register as a sex offender.
U.S. Attorney Rose is joined in making today’s announcement by Nick Annan, Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas and Sheriff Eddie Cathey of the Union County Sheriff’s Office.
According to filed documents and statements made in court, on or about November 29 2013, law enforcement became aware that an individual, later identified as Weir, was using an e-mail address to send and receive child pornography. In December 2013, law enforcement executed a federal search warrant for Weir’s email account. A review of Weir’s email account revealed at least 66 emails related to child exploitation, including 42 videos and 136 images of children being sexually abused. Weir pleaded guilty to transportation of child pornography in October 2015.
Weir has been in federal custody since June 2015, and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. Federal sentences are served without the possibility of parole.
The investigation was handled by HSI assisted by the Union County Sheriff’s Office. Assistant U.S. Attorney Cortney S. Randall of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mission Man Indicted for Assaulting an Officer, Strangulation and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Opposing, Resisting, and Impeding a Federal Officer, Assault by Strangulation and Suffocation, and Child Abuse.
Patrick Medearis, age 32, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for assaulting an officer is up to 20 years in custody and/or a $250,000 fine. The maximum penalty upon conviction of strangulation is 10 years in custody and/or a $250,000 fine. The maximum penalty upon conviction of child abuse is up to 15 years in custody and/or a $250,000 fine. Each count also carries the possibility of 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that on October 31, 2015, Patrick Medearis unlawfully assaulted an intimate dating partner by strangling and suffocating the victim. The alleged incident occurred in the presence of a child who had not attained the age of seven. An arrest warrant was issued based on this incident. It is alleged that on November 28, 2015, Medearis attempted to assault a law enforcement officer with a knife, while the officer was attempting to serve the arrest warrant.
The charges are merely accusations and Medearis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Medearis was remanded to the custody of the U.S. Marshals Service pending trial. Trial is set to begin on March 29, 2016.
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Mescalero Apache Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Alvino L. Saenz, 49, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge.
Saenz was one of 34 individuals charged in December 2015 with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Saenz was arrested on Dec. 11, 2015, on an indictment charging him with distributing methamphetamine in Otero County, N.M., on July 14, 2015. During today’s proceedings, Saenz entered a guilty plea to the indictment and admitted that on July 14, 2015, he sold .85 grams of pure methamphetamine to an individual who, unbeknownst to him, was an undercover law enforcement agent.
At sentencing, Saenz faces a maximum of 20 years in federal prison followed by not less than three years of supervised release. Saenz remains in custody pending a sentencing hearing which has yet to be scheduled.
Saenz is the fifth of the 18 federal defendants to enter a guilty plea. The following federal defendants have previously pled guilty and are awaiting sentencing:
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On March 9, 2016, Robin Lee Lovelace, 56, of Alamogordo, N.M., pled guilty to methamphetamine trafficking charges.Under the terms of her plea agreement, Lovelace will be sentenced to 12 years in federal prison followed by a term of supervised release to be determined by the court.
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On March 3, 2016, Tandee Sheree Bettag, 38, of Alamogordo, pled guilty to methamphetamine trafficking charges.At sentencing, Bettag faces a maximum of 20 years in federal prison.
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On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge.At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release.
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Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 13 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
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Memphis Man Pleads Guilty to Distributing Child PornographyRead the Press Release
Memphis, TN – A Memphis man has pleaded guilty to distributing multiple images and videos of child pornography. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the plea today.
According to information presented in court, Julius Ford, 26, of Memphis, sent images and videos of children engaged in sexual conduct to others.
On September 4, 2014, Homeland Security Investigations (HSI) agents in Memphis received an investigative lead about an individual in the Memphis area using a flagged email account to send and receive emails containing child exploitation material. The investigation revealed that the IP address and login activity associated with the email account was registered to Ford at a residence in the Frayser area of Memphis.
On September 22, a covert investigator with the Memphis Child Exploitation Task Force contacted the flagged email account, which resulted in a series of emails sent from the account to the covert investigator. The emails contained child exploitation material, including videos depicting prepubescent children engaged in sexual acts with other minors and adults.
Law enforcement executed a search warrant at Ford’s residence on February 2, 2015. Agents seized a hard drive, two laptops, an iPhone, and a thumb drive. Forensic analysis of these devices revealed approximately 1807 images and 277 videos of child pornography. Ford later admitted to being the user of the mail account and that he had used the account to trade child pornography. The defendant also admitted to sending emails from the account containing videos of child pornography to the covert investigator.
On Wednesday, March 16, 2016, Ford pled guilty before U.S. District Judge John T. Fowlkes Jr. to one count of distribution of child pornography.
Ford is scheduled to be sentenced on Thursday, July 7, 2016. He faces a minimum sentence of five years and a maximum of 20 years imprisonment.
This case is being investigated by the Memphis Child Exploitation Task Force. The collective is comprised of federal and local law enforcement agencies, including the Federal Bureau of Investigation; HSI; Shelby County Sheriff’s Department; Memphis Police Department; U.S. Postal Investigation Service; U.S. Marshals Service; and the U.S. Secret Service.
Assistant U.S. Attorney Kasey Weiland is prosecuting this case on the government’s behalf.
This case was brought as part of Project Safe Childhood (PSC), 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, PSC 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 PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Manchester Man Pleads Guilty to Attempted Possession with Intent to Distribute CrackRead the Press Release
CONCORD, N.H. – Juan A. Pichardo Mendez, 35, of Manchester, New Hampshire, pleaded guilty in United States District Court for the District of New Hampshire to attempted possession of crack cocaine with the intent to distribute, reports United States Attorney Emily Gray Rice.
On August 1, 2014, Pichardo Mendez attempted to take possession of a package shipped from the Dominican Republic that had crack cocaine concealed in the flaps of the box. The box had been intercepted by Customs and Border Protection Agents in Puerto Rico when it passed through a Federal Express terminal at an airport. It was addressed to a fictitious person at a residential address in Manchester.
The Customs and Border Protection Agents sent the box on to Homeland Security Investigation agents in Manchester. On August 1, 2014, a Homeland Security Special Agent posing as a Federal Express employee delivered the box to the Manchester address, where it was accepted by a third party who lived at the premises. At that point, other Homeland Security agents interviewed the person who accepted the box. He admitted accepting the box for Pichardo Mendez, who was waiting to hear when the box arrived. In the agents’ presence, he sent a message to Pichardo Mendez that the box had arrived. Pichardo Mendez arrived at the premises shortly after he received the message, but before he retrieved the package he learned investigators were there and he left the area. Further investigation revealed evidence indicating that Pichardo Mendez had tracked the package from the time it was shipped from the Dominican Republic.
The statutory maximum sentence for the charges in this case is 20 years in prison and a maximum fine of $1,000,000. The court will sentence Pichardo Mendez after it has had the opportunity to review a presentence investigation report prepared by the United States Probation & Pretrial Services Office. The court ordered that Pichardo Mendez be detained pending a sentencing hearing on June 29, 2016.
This case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Debra M. Walsh and Mark S. Zuckerman.
Man Sentenced for Conspiring to Distribute HeroinRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Roanoke man on federal heroin charges after he pled guilty last year in the United States District Court.
Dawayne Lamar Gibson, 27, of Roanoke, Virginia, pled guilty in December 2015 to one count of conspiring to distribute a measurable quantity of heroin. Today in the United States District Court for the Western District of Virginia in Roanoke, Gibson was sentenced to 66 months in federal prison.
“The Western District of Virginia has seen heroin rip through our communities and tear lives apart,” United States Attorney John P. Fishwick Jr. said today. “Those who profit from the addiction of others, like Mr. Gibson, must be held accountable for their actions. However, we must also work to support those organizations helping treat those addicted to this deadly drug.”
The investigation of the case was conducted by the Drug Enforcement Administration, the Roanoke City Police Department, the Virginia State Police and officials with the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States
Man Pleads Guilty to Thayer Bank RobberyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a man who earlier robbed a bank in Tennessee pleaded guilty in federal court today to also robbing a bank in Thayer, Mo.
Bobby Laughton Yates, 26, address unknown, pleaded guilty before U.S. District Judge M. Douglas Harpool to one count of bank robbery.
By pleading guilty today, Yates admitted that he stole $2,325 from Great Southern Bank, 323 E. Walnut St., Thayer, on April 22, 2015. Yates entered the bank and asked for a deposit slip. A teller directed Yates to a kiosk to the right of the teller’s station. Yates went to the kiosk and wrote out a note on a withdrawal slip. Yates presented the slip, and a plastic bag, to the teller. The slip stated, “put ALL the Money in the BAG Dont do anything dumb.” Yates instructed the teller not to draw the attention of the bank manager. The teller noted Yates kept his hand in his left sweater pocket, where she observed a bulge that appeared to be a gun.
Yates told the teller to give him the money from all the drawers; however, the teller informed him she only had access to hers. The teller placed all the bills in her drawer, into the bag and handed it to Yates. As Yates was leaving, he ran into the door jam and dropped what appeared to be a handgun. Yates picked the item up, but part of a broken piece was left behind. The broken piece was later determined to be part of an Airsoft gun.
Yates was later arrested for robbing the Patriot Bank in Millington, Tenn., a week earlier and has pleaded guilty to both bank robberies.
Under the terms of today’s plea agreement, the government will recommend a sentence of five years in federal prison without parole and Yates must pay $2,325 in restitution to the bank.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Thayer, Mo., Police Department, the Missouri State Highway Patrol and the FBI.
Long Island Attorney Pleads Guilty to Stealing $1.3 Million from His Trust Fund ClientsRead the Press Release
CENTRAL ISLIP, NY – Earlier today, David Bodian, a Long Island attorney, pleaded guilty to wire fraud for stealing more than $1.3 million from a trust fund for which he was the trustee. Pursuant to his plea agreement with the government, Bodian has agreed that he is liable to pay restitution in the amount of $1,393,559 to the Lou Bacon Trust. When sentenced, Bodian faces up to 20 years in prison.
The guilty plea was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service (USPIS).
According to court filings and facts presented at the plea hearing, in approximately 2000, Bodian was appointed trustee of the Lou Bacon Trust, a trust fund that benefitted a number of individuals and charities. At the time of his appointment, the trust held more than $1 million in total assets. In approximately 2005, Bodian began looting the fund to pay for his personal expenses, including a car, high-end audio equipment, home renovations, and international vacations. From approximately 2005 to 2015, Bodian stole almost the entirety of the trust’s funds, leaving the trust with a mere $10,000 in cash. To perpetuate the scheme, Bodian lied to the beneficiaries of the trust about the amount of money in the accounts. For example, when a beneficiary asked for a copy of a trust bank statement, Bodian borrowed $150,000 from a friend to deposit in the trust’s account to inflate the trust’s assets. After providing a bank statement to the beneficiary that reflected the $150,000 Bodian had borrowed, he transferred the money back to his friend.
Today’s plea took place before United States Magistrate Judge Arlene R. Lindsay at the United States Courthouse in Central Islip, New York. The case has been assigned to United States District Judge Arthur D. Spatt.
The government’s case is being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Tyler Smith is in charge of the prosecution.
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The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions, and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit ww.StopFraud.gov.
The Defendant:
DAVID BODIAN
Age: 58
Dix Hills, New YorkE.D.N.Y. Docket No. 16-CR-091 (ADS)
Litchfield Resident Sentenced to 30 Months in Federal Prison for Multiple Fraud ConspiraciesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that that RYAN GEDDES, 44, of Litchfield, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 30 months of imprisonment, followed by three years of supervised release, for participating in multiple conspiracies involving a series of real estate transactions intended to shield assets from creditors.
According to court documents and statements made in court, GEDDES had accrued a series of debts as of late 2005, and was the subject of various lawsuits and collection efforts for the next several years. A bank fraud conspiracy commenced in November 2005 when GEDDES sold a lakefront home located at 27 Palmer Road in Morris to Thomas Provenzano. Lacking the funds to qualify for the $923,000 mortgage, Provenzano nonetheless obtained the loan based on an application that falsely listed his income as $20,000 per month, or $240,000 annually, and falsely listed Provenzano as having worked for several years as the Operations Manager for one of GEDDES’s construction companies. Provenzano had not worked in that capacity, and had earned substantially less. The loan application also listed GEDDES’s company as having verified Provenzano’s employment. In November 2006, Provenzano refinanced the loan, obtaining a $936,000 mortgage from a federally insured bank. The new loan application, like the prior one, falsely listed Provenzano as employed by GEDDES’s construction company, and falsely listed his monthly income as $28,000, or $336,000 annually. The application again listed GEDDES’s company as having verified Provenzano’s employment. The loan is now in default, and the 27 Palmer Road property is in foreclosure.
The first of two mail and wire fraud conspiracies commenced in December 2009 and January 2010, in a series of discussions among GEDDES, Provenzano, and others about how to defraud a title insurance company. The discussions focused on conducting a real property transfer based on a deliberately defective title search, in which liens against the property are omitted, and title insurance is obtained based on the defective title search report. Later, a fraudulent claim is lodged against the title insurer. The conspirators decided to attempt the scheme on a property controlled by GEDDES, located at 66 Donahue Road Extension in Litchfield. After Provenzano assisted in a title search, GEDDES personally reviewed the report and crossed off several liens to be omitted from the title insurance application. In March 2010 GEDDES arranged a straw transfer of the property to another individual, while continuing to reside in and pay the mortgage and expenses on the property. Title insurance was issued on the property, with five liens, totaling about $990,000, deliberately omitted from the title search report.
The second of two mail and wire fraud conspiracies commenced in May 2009 when GEDDES arranged to transfer another property of his, located in Old Forge, N.Y., to Dustin Whitten. GEDDES continued to use the property and pay the mortgage and maintenance expenses. In March 2011, GEDDES and Whitten arranged to obtain a home insurance policy on the New York property in Whitten’s name. On July 4, 2011, after a bankruptcy court meeting about seeking to compensate GEDDES’s creditors, the New York property was destroyed in a fire. In September 2011, Whitten swore out an insurance claim on the property, falsely representing himself as the owner and seeking compensation in the respective amounts of $515,038.50 for the destroyed structure and $92,974.47 for personal property allegedly lost in the fire. The claim was eventually denied by the insurance company. GEDDES has admitted that the purpose of the scheme was to shield the insurance proceeds from his creditors.
Judge Arterton ordered GEDDES to pay $703,698.70 in restitution.
On April 28, 2015, GEDDES pleaded guilty to one count of conspiracy to commit bank fraud and two counts of conspiracy to commit mail and wire fraud.
Provenzano and Whitten previously pleaded guilty. On December 1, 2014, Provenzano was sentenced to 18 month of imprisonment. On December 18, 2015, Whitten was sentenced to 12 months and one day of imprisonment.
This matter was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorneys Henry Kopel and Michael Gustafson.
Lee's Summit Woman Charged with Embezzling $300,000 from EmployerRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Lee’s Summit, Mo., woman has been charged in a scheme to embezzle more than $300,000 from her employer.
Patricia Webb, 43, of Lee’s Summit, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo., on Tuesday, March 15, 2016. Webb will have her initial court appearance today.
According to an affidavit filed in support of the federal criminal complaint, Webb was employed by Black and Veatch, a global engineering, consulting and construction company, from January 2015 until March 4, 2016. Webb earned $90,000 per year as global payroll manager.
The complaint alleges that, from July 2015 to February 2016, Webb facilitated unauthorized wire transfers and Automated Clearing House transactions (fund transfers, such as direct deposits and business-to-business payments) from the company’s payroll account to her own business bank account under the corporate name Beauty Within Me. To conceal her fraud, Webb manipulated the direct deposit information of Black and Veatch clients, who were either based overseas or deceased, to funnel company funds into her own bank account.
Webb allegedly embezzled approximately $302,183 from Black and Veatch in a series of six transfers that ranged from $8,588 to $92,862 over approximately seven months in 2015 and 2016.
During the scheme, the affidavit says, Webb made $106,529 in withdrawals and expenditures at casinos; spent $8,986 on travel-related expenses (including airfare and hotels for trips to Bangkok, Thailand, Las Vegas, Nev., and Miami, Fla.; made $14,449 in payments to multiple higher education universities; and made $61,745 in ATM withdrawals.
On March 4, 2016, an accounts manager at Commerce Bank contacted Black and Veatch’s executive management regarding payroll deposits that seemed suspicious. On the same day, Webb was confronted about the suspicious transactions and was suspended without pay.
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 Paul S. Becker. It was investigated by the FBI.
Lebanese student charged with possessing firearmRead the Press Release
A criminal information was filed charging Hassan Ajram, 29, of Lebanon, with being an alien in possession of a firearm that traveled in interstate or foreign commerce, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.
Ajram, who was admitted to the U.S. on an F-1 student visa, possessed a Sig Sauer 9 mm pistol on Feb. 10, according to the information.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the U.S. Border Patrol and Department of Homeland Security. The case is being handled by Assistant United States Attorney Michael J. Freeman.
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Leader of Drug Trafficking Conspiracy Sentenced to More Than 11 YearsRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Jill Westmoreland Rose announced today that the leader of a drug trafficking conspiracy was sentenced to 135 months in prison. U.S. District Judge Max O. Cogburn, Jr. also ordered Laurentino Benitez, 45, of Huntersville, N.C., to serve four years under court supervision after he is released from prison.
U.S. Attorney Rose is joined in making today’s announcement by Daniel R. Salter, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office.
According to filed court documents and today’s sentencing hearing, from at least 2013 to about May 2015, Benitez was the leader of a drug ring responsible for trafficking large amounts of narcotics, including cocaine, heroin and marijuana, to the Charlotte area. Court records show that the drugs were sent to North Carolina from Texas and Mexico by other members of the conspiracy, usually concealed in vehicles or inside electronic goods. Once delivered to Charlotte, court records show that the drugs were redistributed locally to other members of the conspiracy. Benitez previously admitted in court documents that he was responsible for trafficking between 15 to 50 kilograms of cocaine.
According to court records, over the course of the conspiracy law enforcement seized from Benitez multiple firearms, including a shotgun, six pistols and ammunition, and over $866,820 in illegal drug proceeds. Benitez pleaded guilty in October 2015 to one count of conspiracy to distribute and to possess with intent to distribute controlled substances.
Benitez has been in federal custody since April 2015 and will be transferred to the custody of Federal Bureau of Prisons to begin serving his sentence upon designation of a federal facility. All federal sentences are served without the possibility of parole.
Five others have been charged in connection with the drug conspiracy. They are: Henry Adams, Jr., Roberto Pineda-Alberran, Charles Potts, Jason Taylor, and Sidney Truesdale. Adams was previously sentenced to 24 months in prison and three years of supervised release after pleading guilty to one count of conspiracy to distribute and to possess with intent to distribute controlled substances. Potts, Taylor and Truesdale have also each pleaded guilty to the same charge and are currently awaiting sentencing. Pineda-Alberran has pleaded guilty to one count of money laundering conspiracy and is awaiting sentencing.
The investigation was handled by DEA. Assistant U.S. Attorney Dana Washington of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Las Vegas Couple Plead Guilty to Running Oxycodone Ring Money Laundering ChargesRead the Press Release
COLUMBUS, Ohio – Danny R. Williams, 29, and Sukita M. Williams, 43, both of Las Vegas, pleaded guilty in U.S. District Court to conspiracy to possess with intent to distribute Oxycodone and money laundering.
Benjamin C. Glassman, Acting United States Attorney for the Southern District of Ohio, David A. Grant, Acting Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service (USPIS) and Ohio Attorney General Mike DeWine announced the plea entered into today before U.S. District Judge Michael H. Watson.
According to court documents, since November 2012, the pair has been conspiring to import, possess and distribute Oxycodone from Las Vegas. They each personally went to physicians to obtain fraudulent prescriptions and either arranged for others to do the same or used middlemen to obtain Oxycodone. Once they obtained bulk amounts of Oxycodone, the pills were transported to Columbus, Ohio via the mail or on commercial airlines to be sold on the street to drug users.
The couple attempted to conceal their illicit proceeds by depositing money into others’ bank accounts.
Danny and Sukita Williams each pleaded guilty to one count each of conspiracy to possess with intent to distribute Oxycodone and conspiracy to commit money laundering. Each crime is punishable by up to 20 years in prison.
Acting U.S. Attorney Glassman commended the cooperative investigation by the DEA, IRS, USPIS and Ohio Bureau of Criminal Investigation (BCI), as well as Assistant United States Attorney Michael J. Hunter, who is representing the United States in this case.
Kirksville Owner of Prosthetics Company SentencedRead the Press Release
St. Louis, MO – Theodore Deininger was sentenced to 15 months imprisonment and ordered to pay $150,000 in restitution.
According to court documents, Deininger and First Choice Orthotics and Prosthetics, LLC billed Medicare for four prosthetic legs, claiming that they were new, but instead provided the patients with used ones.
Deininger, Kirksville, MO, pled guilty in December to four felony counts of health care fraud. He appeared today for sentencing before United States District Judge Catherine D. Perry.
The case was investigated by the U.S. Department of Health and Human Services-Office of Inspector General and the Missouri Medicaid Fraud Control Unit. Assistant United States Attorney Dorothy McMurtry handled the case for the U.S. Attorney’s Office.
Kennewick Man Sentenced to Ten Years Imprisonment for Attempted Enticement of a MinorRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Thomas E. Lafontaine, age 35, of Kennewick, Washington, was sentenced for one count of Attempted Enticement of a Minor. Senior United States District Judge Edward F. Shea sentenced Lafontaine to a ten year term of imprisonment, to be followed by twenty-five years of court supervision after he is released from federal prison. Lafontaine will also be required to register as a sex offender.
According to information disclosed during the court proceedings, in late 2014, Lafontaine responded to a personals ad. The ad had been placed by an undercover task force officer with Homeland Security Investigations working with Southeast Regional Internet Crimes Against Children, posing as a 14-year-old girl. During a series of online communications, Lafontaine, who is a registered sex offender, graphically described different sex acts that he would like to perform on the child. Eventually, Lafontaine discussed meeting the child, at a specific location, for sex.
Lafontaine drove to the meet location, and was observed as he circled the location for about thirty minutes. He later contacted the undercover officer, whom he believed to be a child, and chastised her for standing him up. Lafontaine was arrested shortly thereafter. Lafontaine’s electronic devices were searched, and evidence was discovered that he had discussions with at least three other minors aged twelve to fourteen about sexual acts he would like to perform on the minors.
At sentencing Lafontaine said he was “disgusted and ashamed” of his actions. Senior District Judge Shea stated Lafontaine posed a “genuine threat to the public.” Judge Shea indicated, “This was an extremely serious offense,” noting Lafontaine went beyond the online discussions and actually got in his car and drove to meet a child for sex.
Michael C. Ormsby stated, “The sentence handed down provides fair and just punishment for this offense, particularly given Lafontaine’s past conduct.” He further stated, “This investigation is yet another demonstration of the dedication of law enforcement officers and their willingness to ferret out those who intend to victimize children.”
“This joint federal, state and local agency investigation illustrates the lengths to which law enforcement will go to bring a child predator to justice,” said Brad Bench, Special Agent in Charge of HSI Seattle. “Now, with this federal sentence, the public can rest assured Lafontaine will spend a decade behind bars, followed by close federal monitoring for many more years.”
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by the Homeland Security Investigations and the Southeast Regional ICAC. The case was prosecuted by Alison L. Gregoire, an Assistant United States Attorney for the Eastern District of Washington.
Justice Department Files Sexual Harassment Lawsuit Against Owners and Property Managers of West Virginia Homes and ApartmentsRead the Press Release
The Justice Department announced today that it has filed a lawsuit 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, filed in the U.S. District Court for the Northern District of West Virginia, 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.
“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.”
“We always aggressively advocate for fair housing for everyone, but the allegations in this matter are especially disturbing,” said U.S. Attorney William J. Ihlenfeld II of the Northern District of West Virginia. “Making housing contingent upon performing sexual acts will not be tolerated and the landlords 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.”
“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 operated 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].
Walden Complaint
Inmate at United States Penitentiary at Canaan Charged with Assaulting Fellow InmateRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a grand jury in Scranton indicted a federal inmate at the United States Penitentiary at Canaan for assaulting another inmate.
According to United States Attorney Peter Smith, the indictment charges Brandon Shields, age 33, formerly of Philadelphia, with assaulting another inmate with a homemade weapon on January 7, 2016.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service
Prosecution has been assigned to Assistant United States Attorney Robert J. O’Hara
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.
In this case, the maximum penalty which can be imposed under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Illegal Alien Indicted for Failure to DepartRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton returned an indictment yesterday charging an illegal alien with failure to depart the United States.
According to United States Attorney Peter Smith, Euphrem Kios Dohou, age 48, a native and citizen of Benin, West Africa, was charged with allegedly failing to comply with facilitating his departure from the United States after a final order of removal had been issued in September 2015.
The case was investigated by the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI). Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
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. In this case, Dohou faces up to ten years’ imprisonment and a $250,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature 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.
An Indictment or Information is not evidence of guilt but simply a description of the charge made by the Grand Jury and/or United States Attorney against a defendant. A charged Defendant is presumed innocent until a jury returns a unanimous finding that the United States has proven the defendant’s guilt beyond a reasonable doubt or until the defendant has pleaded guilty to the charges.
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Husband and Wife Sentenced to A Decade in Federal Prison for Possession with Intent to Distribute Oxycodone as A Part of Prescription Drug Ring ProsecutionRead the Press Release
Corinthia Watson, age 33, and her husband, Jerry Smith, age 37, of Hull, Georgia were sentenced by the Honorable C. Ashley Royal yesterday in Athens, Georgia for possession with intent to distribute prescription drugs they illegally obtained. Mr. Smith was sentenced to 70 months and Mrs. Watson was sentenced to 51 months for Possession with Intent to Distribute Oxycodone.
The investigation revealed that Mrs. Watson, a medical assistant at a medical practice in Monroe, Georgia, stole her employer’s DEA number and prescription pad. With significant assistance from others, including her husband, Mr. Smith, the couple operated a massive fraudulent prescription drug ring from September 2011 to December 2012. They sold fraudulent prescriptions for as much as $300 a piece to hundreds of individuals, resulting in the illegal distribution of over 60,000 dosage units of prescription drugs such as Oxycodone, Hydrocodone, and Alprazolam (Xanax).
When various pharmacies called the medical practice to verify prescriptions, Mrs. Watson managed to intercept the calls for several months and vouch for the fraudulent prescriptions. After several months, the investigation revealed that the scheme unraveled only when Mrs. Watson called in sick one day and her co-workers stumbled upon her fraudulent activity when a pharmacy called to verify one of her fraudulent prescriptions.
The case was investigated by the Drug Enforcement Administration Diversion Investigators and the Office of Inspector General for the Department of Health and Human Services in Atlanta, the City of Monroe Police Department, and the Northeast Georgia Region Drug Task Force. Assistant United States Attorney Danial Bennett prosecuted the case on behalf of the Government.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.