Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
7 March 2016
Oregon Man Pleads Guilty for Role in Multiple Overdose Deaths and Injuries in ‘Operation Denial’Read the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on March 7, 2016, Brandon Corde Hubbard, 41, of Portland, Oregon, pled guilty before U. S. District Judge Ralph R. Erickson to a three count Indictment charging Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; Distribution of a Controlled Substance Resulting in Death; and Money Laundering Conspiracy.
In or about Jan. 2014, Hubbard was an integral part of a conspiracy trafficking fentanyl, heroin, and other drugs in and through North Dakota, Oregon, and elsewhere. The Grand Forks Narcotics Task Force began investigating this case after the overdose death of 18-year-old Bailey Henke on Jan. 3, 2015. The investigation revealed that Hubbard, using the “Dark Web,” was able to anonymously distribute these drugs within North Dakota, as well as across the United States, from his home located in Oregon.
As part of the plea agreement, Hubbard acknowledged he was responsible for two deaths and four overdoses resulting in serious bodily injury in both North Dakota and Oregon. This investigation is the result of a national and international joint Organized Crime and Drug Enforcement Task Force (OCDETF) investigation dubbed “Operation Denial.” To date there have been nine defendants charged in North Dakota and three defendants charged in Oregon as part of this cooperative investigation.
Judge Erickson has set sentencing for June 26, 2016, at the U. S. District Court in Fargo.
This case is being investigated by the Department of Homeland Security - Homeland Security Investigations, Drug Enforcement Administration, United States Postal Inspection Service, Grand Forks Narcotics Task Force, Royal Canadian Mounted Police, Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force, Oregon State Police, and the Grand Forks Police Department.
U. S. Attorney Christopher C. Myers, Assistant U. S. Attorney Scott Schneider, and Special Assistant U.S. Attorney Scott Kerin are prosecuting the case.
Ontario Drug Dealer and Former Gang Member Sentenced to 60 Months in PrisonRead the Press Release
EUGENE, Ore. – Humberto Rodriguez, 33, of Malheur County, Oregon, was sentenced on Thursday, March 3, 2016, by U.S. District Judge Ann Aiken to 60 months in prison for possession with intent to distribute methamphetamine and felon in possession of a firearm. Following his release from prison, Rodriguez will be on supervised release for four years.
On April 10, 2012, an Oregon State Police Trooper stopped a vehicle in which Humberto Rodriguez was a passenger. Rodriguez was on probation and was asked to step from the vehicle, at which time he attempted to flee. He was immediately apprehended and approximately one ounce of methamphetamine was found on his person. A firearm was also recovered in the vehicle within his arm’s reach.
At the time of his arrest, Rodriguez was a member of a Surenos affiliated gang. He has prior felony convictions which include delivery of a controlled substance, transporting a controlled substance and felon in possession of a firearm.
The investigation of this case was conducted by the Oregon State Police, the Boise, Idaho office of the ATF and the Ontario Police Department. The case was prosecuted by Assistant U.S. Attorneys Jeffrey Sweet and Amy Potter.
North Dakota Man Sentenced for Filing False ClaimRead the Press Release
United States Attorney Randolph J. Seiler announced that a Halliday, North Dakota, man convicted of False Claim was sentenced on March 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Karl Jakob Knutson, age 28, was sentenced to 12 months of imprisonment, followed by 3 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and a fine of $7,380.04.
Knutson was charged on May 19, 2015, and pleaded guilty on November 20, 2015.
The conviction stems from Knutson falsely claiming to the Farm Service Agency to have lost 129 head of cattle during the October 2013 winter storm Atlas, knowing he had lost no more than 13.
This case was investigated by the Office of Inspector General, U.S. Department of Agriculture. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Multiple defendants appear on Federal charges in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – Multiple defendants appeared today in federal court in Huntington, announced Acting United States Attorney Carol Casto.
Andre Robert Womble, II, 26, of Huntington, was sentenced to three years and one month in federal prison for a heroin crime. He previously pleaded guilty in November 2015 to possession with intent to distribute heroin. On December 11, 2014, officers with the Huntington Police Department responded to a complaint on the 300 block of Marcum Terrace in Huntington. An officer observed Womble and noted that he matched the description of the suspect in the complaint. When the officer attempted to approach, Womble began running from the police. The officer chased Womble and observed him throw a cigarette box on the roof of the Olive Street Market. The cigarette box was found by law enforcement to contain approximately 53 grams of heroin. Officers caught and arrested Womble, at which point they found an additional 20 bags of heroin in his pocket. Womble admitted that he intended to distribute all of the heroin.
In a separate prosecution of a federal gun crime, Shane Patrick Masters, 45, of Huntington, pleaded guilty to unlawful possession of a firearm by a person previously convicted of a crime of domestic violence. On July 2, 2015, Masters traveled to the 26th Street Drinkery, a bar in Huntington. Masters had a handgun in his vehicle when he arrived at the bar where he met and had drinks with two other individuals. Later on in the early morning hours, those two individuals came into possession of the gun and provided it to officers with the Huntington Police Department. Masters was prohibited from possessing any firearm under federal law because of a 2015 domestic battery conviction in Wayne County Circuit Court. Masters faces up to 10 years in federal prison when he is sentenced on June 6, 2016.
In a separate drug prosecution, Michael Muncy, 36, and his mother, Naomi Messer, 55, both of Crum in Wayne County, pleaded guilty to possession with intent to distribute oxycodone. Following several controlled purchases of oxycodone from their residence in Crum, law enforcement executed a search warrant at the house on February 21, 2012. Law enforcement seized oxycodone pills and cash, including pre-recorded buy money from a prior controlled purchase of oxycodone. Muncy and Messer each face up to 20 years in federal prison and a $1 million fine when they are sentenced on June 13, 2016.
The Huntington FBI Drug Task Force and Huntington Police Department conducted the investigation of Womble. The Huntington Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation of Masters. Assistant United States Attorney Joseph F. Adams is handling the prosecutions of Womble and Masters. The West Virginia State Police and the Route 119 Task Force conducted the investigation of Muncy and Messer. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions of Muncy and Messer.
The hearings were held before Chief United States District Judge Robert C. Chambers.
The federal firearms charge was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime. The federal drug prosecutions were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Missouri man pleads guilty to selling LSDRead the Press Release
WHEELING, WEST VIRGINIA – Casey Tyler Nagy, 29, originally of Missouri, was convicted of drug trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Nagy distributed lysergic acid diethylamide (LSD) in June 2015 in Wetzel County, West Virginia.
Nagy pled guilty today to one count of “Distribution of LSD.” He faces up to 20 years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Martinsville Police Department investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Minnesota Man Sentenced for Possession of an Unregistered FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bloomington Prairie, Minnesota, man convicted of Possession of an Unregistered Firearm was sentenced on February 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nathaniel Bachelder, age 35, was sentenced to time served, of approximately 7 months in federal custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bachelder was indicted for the charge on March 17, 2015, and pled guilty on November 6, 2015.
The conviction stems from Bachelder possessing an unregistered destructive device, more specifically, a zip gun, which is a homemade slam-type weapon consisting of two sections of pipe, while traveling through Mt. Rushmore on December 14, 2014.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the National Park Service Law Enforcement Rangers. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Middlesex County, New Jersey, Man Admits Using ‘Booster Bag’ to Steal Hundreds of Thousands of Dollars Worth of Barnes & Noble MerchandiseRead the Press Release
TRENTON N.J. – A Middlesex County, New Jersey, man today admitted shoplifting Barnes and Noble merchandise, selling the goods on eBay and failing to report the illicit proceeds to the IRS, U.S. Attorney Paul J. Fishman announced.
Dominick James Izzo, 49, of Piscataway, New Jersey, and Port Orange, Florida, pleaded guilty before U.S. District Judge Freda L. Wolfson to an information charging him with one count of transportation of stolen goods and one count of tax evasion.
According to the documents filed in this case and statements made in court:
Izzo admitted that he stole merchandise from Barnes & Noble stores in New Jersey, Florida and elsewhere using a “booster bag” lined with aluminum to evade anti-theft alarms. He then listed the stolen merchandise on eBay using nominee seller accounts to conceal his identity. Izzo accepted payment for the stolen merchandise from purchasers via nominee PayPal accounts. Once Izzo received funds via domestic wire transfer from the purchasers, he shipped the stolen merchandise from New Jersey and Florida to the purchasers in several different states.
For the tax years 2009, 2010 and 2011, Izzo admitted he intentionally failed to report $399,485 in income he received in connection with the sale of stolen merchandise from Barnes & Noble and other businesses. As a result, Izzo owed the government approximately $67,360.
The transportation of stolen goods count to which Izzo pleaded guilty is punishable by a maximum potential penalty of 10 years in prison and a $250,000 fine. The tax evasion count carries a maximum potential penalty of five years in prison and $250,000 fine. Sentencing is scheduled for June 10, 2016.
U.S. Attorney Fishman credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Maria L. Kelokates, and special agents of IRS–Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, with the investigation leading to today’s plea.
The government is represented by Assistant U.S. Attorney Lakshmi Srinivasan Herman of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense Counsel: Patrick McMahon Esq., Assistant Federal Public Defender, Newark.
Mexican Native Sentenced on Illegal Reentry ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a man who previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to illegally reentering the United States after being previously deported.
Leobardo Antonio-Martinez, a.k.a. “Martin Hernandez Cruz,” and “Jose Antonio Francisco,” 33, of Mexico, previously pled guilty to one count of illegally reentering the United States after being previously deported. Last week in District Court, Antonio-Martinez was sentenced to 21 months in prison and three years of supervised release thereafter.
“This individual has been previously removed from the United States on several occasions. We must be vigilant in enforcing the immigration laws of the United States,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at previous hearings by Assistant United States Attorney C. Patrick Hogeboom III, Antonio-Martinez was arrested by the Roanoke County Sheriff’s Office on September 20, 2015 for not having a driver’s license and hit and run. After further review, it was established that the defendant was a native and citizen of Mexico by virtue of birth and had been removed from the United States multiple times, including on June 16, 2009 from Laredo, Texas after being convicted of assault in the first degree in Dorchester County, Maryland and sentenced to fifteen years in prison. Antonio-Martinez was again removed on February 24, 2011 from Sasabe, Arizona and again on March 16, 2011 from Calexico, California.
The investigation of the case was conducted by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement Removal Operations. Assistant United States Attorney C. Patrick Hogeboom III prosecuted the case for the United States.
Mars Hill Woman Pleads Guilty to Bath Salts Distribution ConspiracyRead the Press Release
Contact: Andrew McCormack
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Leda Giggey, 45, of Mars Hill, Maine, pleaded guilty today in U.S. District Court to conspiracy to possess with intent to distribute and to distribute bath salts.
According to court records, between about January 2012 and June 2014, Giggey conspired with others in Aroostook County to obtain and distribute bath salts. On multiple occasions, Giggey ordered bath salts over the internet from China for personal use and to sell to other conspirators.
The defendant faces up to 20 year in prison and a $1,000,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency with assistance from the Aroostook County Sheriff’s Department and the U.S. Postal Inspection Service.
Manderson Man Pleads Not Guilty to Sexual Abuse and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Assault of Intimate Partner by Strangulation.
Nolan White Butterfly, a/k/a Nolan Angel, age 23, was indicted on February 23, 2016. White Butterfly appeared before U.S. Magistrate Judge Daneta Wollmann on February 26, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to White Butterfly sexually assaulting and strangling a female on November 12, 2015, near Manderson.
The charges are merely accusations and White Butterfly is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
White Butterfly was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 3, 2016.
Major Investigation Involving Hells Angels Concludes with Conviction of Hells Angels PresidentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Richard W. Mar, 64, of Monterey, California, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 50 grams or more of methamphetamine, before U.S. District Judge Charles J. Siragusa. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years in prison, and a $2,000,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that, from 2002 through July 2010, Mar – the President of the Hell’s Angels, Monterey (California) Charter at the time – supplied significant quantities of methamphetamine to a methamphetamine trafficking network operating in the Western District of New York. The leader of the network was James H. McAuley, Jr. – a member and Vice President of the Rochester Hell’s Angels. During the conspiracy, McAuley and other members of the conspiracy traveled to the Monterey, California, on numerous occasions to obtain pound-size quantities of methamphetamine from Mar, in exchange for cash. The methamphetamine was be transported and/or shipped from California to the Rochester area, where other members of the conspiracy would sell and distribute it to their customers.
In April 2007, McAuley was arrested on federal racketeering charges in the Northern District of New York. After his arrest and incarceration, McAuley continued to maintain control over the methamphetamine trafficking operation. Mar, acting at the direction of McAuley, distributed pound-size quantities of methamphetamine to McAuley’s wife, Donna Boon. Boon and other members of the conspiracy sold and distributed the methamphetamine to individuals in the Rochester area, Genesee County, and other locales. Mar, who admitted to trafficking up to 15 kilograms of methamphetamine during the course of the conspiracy, continued to supply the methamphetamine trafficking network until July 2010.
The plea is part of a larger investigation that resulted in the indictment and arrest of members and associates of the Rochester and Monterey (California) Hell's Angels for drug trafficking and racketeering-related offenses in February 2012. Seven defendants – including Mar – were charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. All of the defendants – Mar; McAuley, Boon; Gordon L. Montgomery; Jeffrey A. Tyler; Richard E. Riedman; and Paul Griffin, have been convicted. Judge Siragusa sentenced Griffin to probation and Riedman to 37 months in prison; the remaining defendants are awaiting sentencing.
Rochester Hell's Angels member Robert W. Moran, Jr., a/k/a Bugsy, was convicted of conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Gina Tata was convicted of being an accessory after the fact to the conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. Defendant Timothy M. Stone was convicted of being an accessory after the fact to the assault.
The plea is the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam Cohen, the Genesee County Sheriff's Office, under the direction of Sheriff Gary T. Maha, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police, under the direction of Major Craig Hanesworth, the City of Batavia Police Department, under the direction of Chief Sean Shawn Heubusch, and the Village of LeRoy Police Department.
Mar is scheduled to be sentenced on June 9, 2016, at 11:00 a.m. before Judge Siragusa.
Justice Department Wins Religious Discrimination Lawsuit Against Colorado City, Arizona, and Hildale, UtahRead the Press Release
A federal jury in Phoenix returned a verdict today finding that the towns of Colorado City, Arizona, and Hildale, Utah, and their joint water company systematically discriminated against individuals who are not members of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) in the provision of housing, utility and policing services in violation of the Fair Housing Act. Prior to the jury verdict, the parties reached an agreement that the defendants will pay $1.6 million to resolve the monetary claim under the Fair Housing Act.
The jury also issued an advisory verdict on the Department of Justice’s claims under Section 14141 of the Violent Crime Control and Law Enforcement Act. Because this statute (in contrast to the Fair Housing Act) does not include a right to a jury trial, the jury’s verdict as to the Section 14141 claim is advisory and may be considered by the court, but is not binding. In its advisory verdict, the jury found that the Colorado City Marshal’s Office, the cities’ joint police department, operated as an arm of the FLDS church in violation of the establishment clause of the First Amendment; engaged in discriminatory policing in violation of the equal protection clause of the 14th Amendment and the establishment clause; and subjected individuals to unlawful stops, seizures and arrests in violation of the Fourth Amendment. Because these advisory findings are not binding, the Department of Justice’s Section 14141 claim remains under consideration by the district court judge, who will issue a ruling on whether the defendants engaged in these constitutional violations, and if so, what relief is appropriate.
“Today’s verdict reaffirms that America guarantees all people equal protection and fair treatment, regardless of their religious beliefs,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “When communities deny their residents critical services simply because of where they worship, they violate our laws and threaten the defining values of religious freedom and tolerance that are the foundation of our country.”
This was the department’s first lawsuit to include claims under both the Fair Housing Act and Section 14141, the federal statute that allows the Attorney General to address patterns or practices of police misconduct.
This matter was litigated by attorneys from the Civil Rights Division’s Housing and Civil Enforcement Section and the Special Litigation Section. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Jury Convicts Clermont County Man of Producing, Receiving, Possessing Child Pornography, Obscene Images of Child Sexual AbuseRead the Press Release
CINCINNATI – A United States District Court jury convicted David Guy, 61, of New Richmond, Ohio of 11 counts of obscene visual representations of the sexual abuse of children, one count of attempted production of child pornography, three counts of receipt of child pornography and one count of possession of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Clermont County Sheriff Tim Rodenberg and other members of the Regional Electronic Computer Investigations Task Force including Hamilton County Sheriff Jim Neil and Cincinnati Police Chief Eliot Isaac, announced the verdict reached Friday, which was returned following a trial that began on February 29 before U.S. District Judge Susan J. Dlott.
Guy used Photoshop to create hundreds of visual depictions using 11 different minor victims by placing the children’s faces into images of very graphic adult and child pornography. In addition, Guy attempted to produce child pornography when he took a photo of one minor, posing the child on her hands and knees and exposing her bottom.
A search of computers seized from Guy’s residence revealed the extent of his child pornography collection. Guy’s images included depictions of the sexual bondage of children less than five years of age, bestiality, lascivious exhibition, among many other graphic and violent images.
According to court testimony, Guy claimed that the over 25,000 images of child pornography he received and possessed were inspiration for his art. He claimed, through counsel, that the hundreds of images of graphic child pornography he Photoshopped were merely art.
Guy also claimed that the government was to blame for attempting to sensor his work, which was rebutted by Assistant U.S. Attorney Timothy D. Oakley during rebuttal.
“May we never live in a society where the vile images you have seen during the course of this trial becomes the ‘community standard,’” Assistant U.S. Attorney Christy L. Muncy told the jury during closing argument.
The jury convicted Guy with the 16 counts he was charged with after less than an hour of deliberation.
Obscene visual representations of the sexual abuse of children is a crime punishable by not less than five years and up to 20 years in prison. Production of child pornography carries a sentence ranging from 15 to 30 years in prison. Receipt of child pornography carries a sentencing range from 5 to 20 years and possession of child pornography is punishable by up to 20 years in prison.
Stewart commended the cooperative investigation by agents and officers of the Clermont County Sheriff’s Office, the Regional Electronic Computer Investigations Task Force, which is comprised of officers from the Hamilton County Sheriff’s Office and the Cincinnati Police Department, as well as Assistant U.S. Attorneys Christy L. Muncy and Timothy D. Oakley, who prosecuted the case.
Judge Sentences Pittsburgh Man to 5 Years in Prison for Drug and Gun Law ViolationsRead the Press Release
PITTSBURGH -A Pittsburgh resident has been sentenced in federal court to five years’ imprisonment on his convictions of possession with intent to distribute 100 grams or more of heroin and being a felon in possession of a firearm, United States Attorney David J. Hickton announced today.
Senior United States District Judge Donetta W. Ambrose imposed the sentence on 20-year-old Raymear Jernigan.
According to information presented to the court, on or about Oct. 17, 2014, after having been convicted of a felony drug offense, Jernigan possessed a Taurus, .38 special revolver. Jernigan also possessed over 200 grams of heroin with the intent to distribute it.
Prior to imposing sentence, Judge Ambrose stated that the term of imprisonment of five years underlines the seriousness of the offenses.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation’s Greater Pittsburgh Safe Streets Task Force and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Jernigan.
Hyattsville Man Sentenced to Three Years in Prison for Distributing Marijuana through the U.S. MailRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Kirt Omar Gibbs, age 26, of Hyattsville, Maryland today to three years in prison, followed by three years of supervised release, in connection with a conspiracy to distribute marijuana through the U.S. mail by bribing a U.S. Postal Service employee. A federal jury convicted Gibbs on December 7, 2015.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Maria L. Kelokates of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge Paul L. Bowman of the U.S. Postal Service, Office of Inspector General; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Hank Stawinski of the Prince George’s County Police Department; and Chief David B. Mitchell of the University of Maryland Police Department, as part of the Maryland State Police HIDTA Metropolitan Area Drug Task Force.
According to court documents and testimony at his five day trial, from May 2013 through September 27, 2013, Gibbs conspired with Kenneth Teasley and others to distribute marijuana. Gibbs and his co-conspirators bribed Teasley to induce him to: provide addresses along his route that they could use to send packages of marijuana to Maryland; and deliver the contraband packages to them.
According to trial testimony, in the Spring of 2013, one of Teasley’s co-workers introduced him to Gibbs and advised him that Gibbs was looking for USPS letter carriers who would provide addresses to Gibbs and his co-conspirators which they could use to send packages of marijuana into Maryland. Beginning in May 2013, Teasley used text messages to provide addresses that were on his delivery route to Gibbs and/or other members of the conspiracy. When a contraband package arrived at the U.S. Post Office, Teasley picked up the package and notified Gibbs or another conspirator, who would meet Teasley along his mail route to pick up the package. In exchange, Gibbs paid Teasley between $150 and $400 for each delivery. According to trial testimony, Gibbs received a package approximately every week. Evidence showed that in addition to his role intercepting packages and coordinating with the postal carriers, Gibbs was also responsible for purchasing marijuana from suppliers in other states.
Telephone records introduced at trial showed text messages reflecting that Gibbs was distributing marijuana as far back as December 2012 and had made approximately $100,000 from the marijuana business. At today’s sentencing, the Court found that Gibbs was responsible for distributing between 80 and 100 kilograms of marijuana during the time of the conspiracy.
Former U.S. Postal Service letter carrier Kenneth Teasley previously pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on March 21, 2016 at 2:00 p.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service, U.S. Postal Service Office of Inspector General, and Maryland State Police HIDTA Metropolitan Area Drug Task Force for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Deborah A. Johnston and Michael T. Packard, who prosecuted the case.
Houston Man Sentenced to More Than 10 Years in Prison for Biodiesel Fraud SchemeRead the Press Release
Philip Joseph Rivkin, aka Felipe Poitan Arriaga, was sentenced today in Houston, Texas, to 121 months in prison, three years of supervised release and to pay more than $87 million in restitution and was ordered to forfeit $51 million for generating and selling fraudulent biodiesel credits in the federal renewable fuel program, the Justice Department’s Environment and Natural Resources Division announced.
In June 2015, Rivkin pleaded guilty to one count of mail fraud and one count of making a false statement under the Clean Air Act.
"Rivkin’s abuse of the biodiesel program, a program designed to further our nation’s energy independence and combat climate change, was an abuse against the American people,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This sentence should send a strong message that those committing fraud in the bio-diesel program will be vigorously prosecuted and sent to prison.”
“Today we take another big step toward upholding the integrity of an important program that reduces greenhouse gas emissions and promotes energy independence,” said Assistant Administrator Cynthia Giles for the Environmental Protection Agency’s (EPA) for Enforcement and Compliance Assurance. “After years of persistence by EPA and our partners, we’ve brought a serious offender to justice for environmental crimes. This sentence deters would-be violators and helps protect responsible companies that follow the rules.”
The Energy Independence and Security Act of 2007 created or extended several federally-funded programs that created monetary incentives for the production of renewable fuels, including biodiesel and to encourage the use of such fuels in the United States. Authorized biodiesel producers and importers could generate and attach credits—known as renewable identification numbers (RINs)—to biodiesel they produced or imported. Because certain companies need RINs to comply with regulatory obligations, RINs have significant market value.
As admitted in the plea agreement, beginning around February of 2009, Rivkin operated and controlled several companies in the fuel and biodiesel industries, including Green Diesel LLC, Fuel Streamers Inc. and Petro Constructors LLC, all based in Houston. Rivkin claimed to produce millions of gallons of biodiesel at the Green Diesel’s Houston facility and then generated and sold RINs based upon this claim. In reality, no biodiesel was ever produced at the Green Diesel facility. This scheme allowed the defendant to generate over 60 million RINs that were fraudulent, which were then sold to companies that needed to obtain them and resulted in millions of dollars in sales. Rivkin created false records and made false statements to conceal his fraudulent claims of biodiesel production, importation and RIN generation.
The collaborative investigation that led to today’s sentence was the result of work by Environmental Protection Agency’s Criminal Investigation Division, the United States Secret Service, Internal Revenue Service-Criminal Investigation, Homeland Security Investigations and the Guatemalan Special Investigations Unit, which worked with federal investigators to uncover the fraudulent nature of Rivkin’s Guatemalan citizenship, which led to his deportation back to the United States.
The case is being prosecuted by Trial Attorney Leslie E. Lehnert of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Fort Hall Man Sentenced for Selling MethRead the Press Release
POCATELLO – Charles Eugene Allhands, 52, of Fort Hall, Idaho, was sentenced today to eight months in prison for possession with intent to distribute a controlled substance, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Allhands to serve three years of supervised release. Allhands pleaded guilty on December 9, 2015.
According to the plea agreement, on March 8, 2015, Allhands sold methamphetamine to an individual at Allhands’ residence on the Fort Hall Indian Reservation.
The case was investigated by the Fort Hall Police Department, the Bingham County Sheriff’s Office, and the Federal Bureau of Investigation.
Former Brink’s Employee Charged with Stealing $200,000 in QuartersRead the Press Release
BIRMINGHAM – Federal prosecutors today charged a Harpersville man with stealing nearly $200,000, all in quarters, while he worked for Brink’s Company armored transport service, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Roger C. Stanton.
The U.S. Attorney’s Office charged STEPHEN LANCASTER DENNIS, 49, with one count of bank theft for stealing $196,000 belonging to the Federal Reserve Bank of Atlanta while he worked as a money processing manager for Brink’s at its Birmingham branch in early 2014. Dennis has entered an agreement with the government to plead guilty to the charge and repay $196,000 to Brink’s. The armored service already has reimbursed the Federal Reserve Bank for the loss.
“This defendant may have thought he had quite a haul when he took nearly $200,000 in quarters from the Federal Reserve’s coin storage at Brink’s, but now he carries a heavier load. He must repay the money and face a federal sentence,” Vance said.
“What Mr. Dennis may have thought was a nickel and dime theft was, in the end, the equivalent of a major bank heist,” Stanton said. “Now, he will be a convicted felon who must repay all the stolen money.”
According to the charging document and Dennis’ plea agreement, he carried out the theft as follows:
Brink’s stored U.S. currency and coin belonging to its customers, including the Atlanta Federal Reserve Bank, at Brink’s facility in Birmingham. As a money processing manager at the facility, Dennis had access to the Federal Reserve Coin Inventory. As part of that inventory, quarters were stored in ballistic bags, each containing $50,000. The bags were stored on skids inside Brink’s Coin Room.
An April 2014 audit of the Federal Reserve Coin Inventory revealed that four of the ballistic bags contained beads and only $1,000 in quarters. The quarters were placed so they would be visible through a plastic window in the neck of each bag.
An investigation revealed that on Sunday, Feb. 16, 2014, not a scheduled workday for Dennis, he entered Brink’s and collected four empty skids and four empty ballistic bags, which he filled with beads. He then placed the skids and the bags inside the coin room. Between Jan. 1, 2014, and Feb. 20, 2014, his last day of employment at Brink’s, Dennis stole the 784,000 quarters totaling $196,000.
The maximum penalty for bank theft is 10 years in prison and a $250,000 fine.
The FBI investigated the case, which Assistant U.S. Attorney Henry Cornelius is prosecuting.
Florida Man Sentenced to More than 14 Years in Prison for Multimillion-Dollar Health Care Fraud and Money Laundering SchemeRead the Press Release
A Land O’ Lakes, Florida, businessman was sentenced by a judge in federal court in Tampa today to 174 months in prison for his role in a multimillion-dollar health care fraud and money laundering scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
In December 2015, a jury in Tampa found David Brock Lovelace, 45, guilty of conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to commit money laundering, money laundering and aggravated identity theft. Judge Steven D. Merryday of the Middle District of Florida imposed today’s sentence and also ordered Lovelace to pay $2,512,460 in restitution.
According to evidence presented at trial, from approximately June 2010 through approximately May 2014, Lovelace and co-conspirators used Cornerstone Health Specialists, Summit Health Specialists and Coastal Health Specialists, three purported medical clinics in Florida, to submit approximately $12,351,046 in false and fraudulent claims to Medicare seeking reimbursement for radiology, audiology, cardiology and neurology services. Medicare paid approximately $2,848,424 in reimbursement on the fraudulent claims. Trial evidence also showed that Lovelace and his co-conspirators paid illegal kickbacks in exchange for access to Medicare patients and Medicare patient information used in the fraud scheme, used forged and falsified documents in the Medicare enrollment process for the medical clinics, and billed Medicare for services that had not been rendered by physicians. The conspirators transferred and disbursed proceeds of the fraudulent Medicare claims among themselves, through shell companies and via numerous cash withdrawals in an effort to conceal the fraud, according to evidence at trial.
HHS-OIG and the FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida. Senior Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section is prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to www.stopmedicarefraud.gov.
Florida Man Sentenced to More Than 14 Years in Prison for Multimillion-Dollar Health Care Fraud and Money Laundering SchemeRead the Press Release
Tampa, FL – A Land O’ Lakes businessman was sentenced by a judge in federal court today to 174 months in prison for his role in a multimillion-dollar health care fraud and money laundering scheme.
U.S. Attorney A. Lee Bentley, III, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
In December 2015, a federal jury found David Brock Lovelace, 45, guilty of conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to commit money laundering, money laundering and aggravated identity theft. Judge Steven D. Merryday imposed today’s sentence and also ordered Lovelace to pay $2,512,460 in restitution.
According to evidence presented at trial, from approximately June 2010 through approximately May 2014, Lovelace and co-conspirators used Cornerstone Health Specialists, Summit Health Specialists and Coastal Health Specialists, three purported medical clinics in Florida, to submit approximately $12,351,046 in false and fraudulent claims to Medicare seeking reimbursement for radiology, audiology, cardiology and neurology services. Medicare paid approximately $2,848,424 in reimbursement on the fraudulent claims. Trial evidence also showed that Lovelace and his co-conspirators paid illegal kickbacks in exchange for access to Medicare patients and Medicare patient information used in the fraud scheme, used forged and falsified documents in the Medicare enrollment process for the medical clinics, and billed Medicare for services that had not been rendered by physicians. The conspirators transferred and disbursed proceeds of the fraudulent Medicare claims among themselves, through shell companies and via numerous cash withdrawals in an effort to conceal the fraud, according to evidence at trial.
HHS-OIG and the FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida. Senior Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section is prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to http://www.stopmedicarefraud.gov/.
Federal Judge Sentences Jackson Co. Woman to 70 Months for Trafficking Crystal MethamphetamineRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Max O. Cogburn, Jr. today sentenced Jamie Lynn Swartz, 36, formerly of Sylva, N.C. N.C. to serve 70 months in prison followed by five years of supervised release on drug conspiracy charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
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; B.W. Collier, Director of the North Carolina State Bureau of Investigation; and Sheriff Chip Hall of the Jackson County Sheriff’s Office.
According to filed court documents and today’s sentencing hearing, from about August 2013 to March 2015, Swartz engaged in a drug conspiracy and was responsible for trafficking crystal methamphetamine to Jackson County and surrounding areas. According to court records, Swartz was utilizing a source of supply in Atlanta, Georgia for larger quantities of crystal methamphetamine. Court records show that Swartz made frequent trips to Atlanta and purchased the drugs from her co-defendant, Lisa Keith Jenkins.
Swartz pleaded guilty in October 2015 to one count of conspiracy to possess with intent to distribute methamphetamine. She has been in federal custody since August 2015 and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
Lisa Jenkins was sentenced on February 2, 2016 to 78 months in prison and five years of supervised release, after pleading guilty to conspiracy to possess with intent to distribute methamphetamine.
The investigation was handled by the DEA, SBI and the Jackson County Sheriff’s Office. Assistant U.S. Attorney Thomas Kent of the U.S. Attorney’s office in Asheville is in charge of the prosecution.
Edmond Ministry Volunteer to Serve 40 Years in Prison for Engaging in Sexual Conduct with Multiple Children in KenyaRead the Press Release
Oklahoma City, Oklahoma – Today, MATTHEW LANE DURHAM, 21, from Edmond, Oklahoma, was sentenced by United States District Judge David Russell to serve 480 months in federal prison for engaging in illicit sexual conduct with multiple children in Kenya, announced Mark A. Yancey, Acting United States Attorney for the Western District of Oklahoma.
"Mr. Durham took advantage of his position as a ministry volunteer to sexually assault multiple children in Kenya," said Acting U.S. Attorney Mark Yancey. "The significant sentence imposed today will remove the threat of any other children being exploited by him. However, the innocence of the child victims cannot be restored and their lives will never be the same. It is our hope and prayer that his conviction and lengthy sentence will someday bring them some comfort and peace."
Durham was convicted on June 19, 2015, following a trial that lasted six and a half days. According to evidence at trial, Durham was a volunteer at the Upendo Children’s Home, located in Juja, Kenya. Upendo specializes in assisting neglected Kenyan children by providing them with food, housing, clothes, school and religion. Evidence showed that between April 30, 2014, and June 17, 2014, Durham traveled from Oklahoma City to Nairobi, Kenya, and while in Kenya he engaged in sexual conduct with multiple children under 18 years of age. The jury deliberated for approximately nine hours before finding Durham guilty.
At the sentencing hearing today, Mr. Durham stood convicted of four counts. After finding that Durham lied under oath at trial, Judge Russell ordered him to serve 480 months in federal prison. After serving his prison term, he was also ordered to spend the rest of his life on supervised release and must register as a sex offender for life. He was also ordered to pay $15,863 in restitution.
Reference is made to the court record for further information.
This case was the result of an investigation by the Federal Bureau of Investigation, who was assisted by the United States Embassy in Kenya, the U.S. Department of State Diplomatic Security Service, and the Kenyan National Police Directorate of Criminal Investigations. The case was prosecuted by Assistant U.S. Attorney Robert Don Gifford II, Assistant U.S. Attorney David P. Petermann, and Assistant U.S. Attorney Steven W. Creager.
Detroit man sentenced for role in Detroit-to-Huntington heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who participated in a heroin conspiracy in 2013 was sentenced today to five years of probation, announced Acting United States Attorney Carol Casto. Warren G. Howard, Jr., 25, previously pleaded guilty in December 2015 to distributing heroin.
During 2013, Howard conspired with others, including Kenneth E. Baxter, to distribute heroin which had been transported from Detroit to the Huntington area. On May 20, 2013, a confidential informant contacted Baxter to arrange the purchase of heroin. Howard and Baxter met the informant in the parking lot of a grocery store located at 1st Street and 7th Avenue in Huntington. The drug deal took place in Howard’s vehicle.
Multiple defendants have been convicted of drug offenses as a result of the investigation. Those sentenced to federal prison include Baxter, who was sentenced to seven years and three months; Coty S. Richardson, who was sentenced to five years and ten months; Sean L. Gist, who was sentenced to five years and three months; Ramone L. Wells, who was sentenced to four years; Pricilla Lee Dylan, who was sentenced to two years and nine months; and Dustin S. Barton, who was sentenced to a year and a day. Paul A. Roberts, Jr., was sentenced to five years of probation for assisting the group in securing a residence to conduct drug deals.
The Huntington FBI Drug Task Force, United States Postal Service, West Virginia State Police and Huntington Police Department conducted the investigation of these cases. Assistant United States Attorney Joseph F. Adams handled the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentences.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Defense Contractor Armorsource LLC Agrees to Pay $3 Million to Settle False Claims Act AllegationsRead the Press Release
ArmorSource, LLC has agreed to pay $3 million to resolve False Claims Act allegations in connection with a contract to provide combat helmets to the U.S. Army, the Department of Justice announced today. ArmorSource, a Delaware Limited Liability Company headquartered in Hebron, Ohio, designs, develops and manufactures ballistic helmets for military and law enforcement personnel worldwide.
In 2006, the Army contracted with ArmorSource to manufacture the Advanced Combat Helmet or ACH for use by soldiers in combat. ACH helmets are made of Kevlar, an armored material, and are worn to provide ballistic protection for the soldier. The United States alleged that from 2006 to 2009, ArmorSource delivered ACH helmets to the Army that were manufactured and tested using methods that did not conform to contract requirements and that failed to meet contract performance standards. In May 2010, the Army began recalling the helmets after several lots failed ballistic safety tests.
“The U.S. government relies on contractors to manufacture equipment that is critical to the safety of our men and women in uniform, and equipment that fails to meet performance standards not only cheats taxpayers, but can put lives at risk,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to ensuring our military receives products that meet its requirements and for which it has paid.”
“Today’s settlement in this important case is a reminder to all government contractors that they must deliver on their promises, especially when the safety and security of our troops is on the line,” said Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General’s Dallas Field Office.
“Not conforming to contract requirements, failing to meet performance standards, and failing to pass ballistic safety tests for the helmets that protect the very heads and lives of our young men and women who serve this nation is incredibly unconscionable,” said Director Frank Robey of the U.S. Army Criminal Investigation Commands Major Procurement. “Thanks to the efforts of our special agents and our other law enforcement partners, today’s settlement is possible.”
ArmorSource subcontracted the manufacturing to Federal Prison Industries, Inc., which operates under the trade name UNICOR. This settlement resolves a lawsuit filed by whistleblowers Melessa Ponzio and Sharon Clubb, FPI employees, under the qui tam or whistleblower provisions of the False Claims Act. The Act permits private individuals to sue on behalf of the government those who falsely claim federal funds and to receive a share of any recovery. Ms. Ponzio and Ms. Clubb will receive $450,000.
This settlement was the result of a coordinated effort among the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Eastern District of Texas. The investigation was conducted by the Department of Justice Office of the Inspector General, the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service and the U.S. Army Criminal Investigation Command, Major Procurement Fraud Unit.
The case is captioned U.S. ex rel. Ponzio, et al. v. Rabintex Industries Ltd., et al., Case No. 1:10-CV-588 (E.D. Tex.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Decatur Man Enters Guilty Pleas to Hobbs Act Robbery, Gun CrimesRead the Press Release
Urbana, Ill. – A Decatur, Ill., man, Kelton Snyder, 23, appeared today in federal court in Urbana and entered open pleas of guilty to three of the four charges against him. Snyder admitted that he committed the April 3, 2015, armed robbery of the Circle K convenience store at 1685 South Baltimore in Decatur, that he brandished a firearm during the armed robbery, and that at the time he possessed the firearm, he was a convicted felon.
Snyder remains scheduled for trial beginning on April 5, 2016, on the charge that he conspired to commit the April 5, 2015, murder of Paige Mars, also of Decatur.
During court this afternoon, before U.S. District Judge Colin Bruce, Snyder admitted to facts presented by the government that would have been presented to a jury had the defendant gone to trial on the charges:
Shortly before 2:30 a.m., on April 3, 2015, a cashier was outside the Circle K smoking a cigarette when two masked men approached him from behind. One of the men, identified as Snyder, put a shotgun to the cashier’s back and told him to “keep calm, go inside.” Inside the store, the cashier was ordered to the ground while the men took money from the cash register and liquor. A male customer who entered the store was also ordered to the ground and the robbers tied up the two men. After the robbers left, the cashier and customer untangled their hands and called police.
Law enforcement officers reviewed the surveillance camera recording of the robbery where Snyder is clearly seen holding a shotgun. Law enforcement also acquired text messages from Snyder’s phone to others which included messages from Snyder that he had committed the armed robbery. Officers also identified the driver of the car for the robbery as Paige Mars. On April 6, 2015, officers executed a search warrant at Snyder’s grandmother’s home, where Snyder had been living in a basement bedroom, in the 300 block of S. 19th Street, Decatur. Officers recovered 20-gauge and 12-gauge shotgun shells from Snyder’s bedroom. On May 15, 2015, officers located a Mossberg 12-gauge shotgun, which, based on the modifications to the shotgun, appears to be the same one used during the robbery.
The case is being prosecuted in federal court by Assistant U.S. Attorneys Jason Bohm and Katherine Boyle. The Decatur Police Department and FBI conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Macon County Sheriff’s Office.
The statutory penalty for committing a Hobbs Act Robbery, the commission of a robbery in interference with commerce, is up to 20 years in prison; for brandishing a firearm during and in relation to a violent crime, the penalty is a mandatory minimum seven years in prison and up to life, to be served consecutive to any term of imprisonment ordered for the underlying crime of violence; and for being a felon in possession of a firearm, the penalty is up to 10 years in prison.
Snyder remains in the custody of the U.S. Marshals Service. If convicted of conspiracy to commit murder, the statutory penalty is life in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Culpeper Man Sentenced for Robbing BankRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A Culpeper, Virginia man, who was convicted last November for robbing a bank was sentenced today in the United States District Court for the Western District of Virginia in Charlottesville, United States Attorney John P. Fishwick Jr. announced.
Edward Lavon Ferris, 30, of Culpeper, Va., was convicted in November 2015, following a jury trial, of one count of aggravated bank robbery, one count of brandishing a firearm during that bank robbery, one count of being a previously convicted felon in possession of a firearm, one count of tampering with a witness and two counts relating to tampering with evidence.
Today in District Court, Ferris was sentenced to170 months of federal incarceration and five years of supervised release thereafter. The defendant was also ordered to pay $3,072 in restitution to the bank and a $600 special assessment to the court. Giovanni A. Waters, 32, of Culpeper, Va., was sentenced last week to 24 months in prison for his role in the robbery. Waters previously pled guilty to helping Ferris three weeks after the robbery by disposing of the gun and clothing used during the robbery.
“On January 6, 2015 the employees at SunTrust bank went to work like any other day. But instead of a productive day at their jobs, they were victimized by Mr. Ferris,” United States Attorney John P. Fishwick Jr. said today. “Today’s sentence shows just how a serious and violent a crime this bank robbery was and how many people it negatively affected.”
According to evidence presented at trial by Assistant United States Attorney Nancy S. Healey, on the morning of January 6, 2015, Ferris, while wearing a ski-mask, gloves, and a black North Face with the logos covered by tape, robbed a SunTrust Bank in Culpeper, Virginia at gunpoint while brandishing a Ruger .357 revolver. As shown in the bank surveillance film that was played during trial, the defendant, immediately after entering the bank, produced a revolver and pointed the gun at one or both of the tellers and proceeded to rob the bank before fleeing. During the trial, the jury heard recorded jail calls made to Waters during which Ferris asked Waters to remove the above-referenced items from his mother’s home. Other evidence also showed Ferris’ attempts to get one or more witnesses to lie.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Culpeper Police Department, and the Culpeper County Sheriff’s Office. Assistant United States Attorney Nancy S. Healey prosecuted the case for the United States.
Convicted sex offender sentenced for failure to update registration statusRead the Press Release
CLARKSBURG, WEST VIRGINIA – Convicted sex offender Richard Doman, 47, of Lorain, Ohio, was sentenced today to 18 months in prison after he failed to properly update his registration status, United States Attorney William J. Ihlenfeld, II, announced.
Doman was convicted in 2003 of “Statutory Sexual Assault” and “Indecent Assault” in the Court of Common Pleas of York County, Pennsylvania. As a result of that conviction, he is required to register as a sex offender. Doman moved from Ohio to West Virginia in 2014 without updating his sex offender registration. He pled guilty in November 2015 to one count of “Failure to Update Sex Offender Registration.”
Assistant U.S. Attorney Sarah Montoro and former Assistant U.S. Attorney Shawn Morgan prosecuted the case on behalf of the government. The United States Marshals Service investigated.
U.S. District Judge Irene M. Keeley presided.
Clovis Man Pleads Guilty to Laser Strikes on CHP PlaneRead the Press Release
FRESNO, Calif. — Jeremy Scott Danielson, 35, of Clovis, pleaded guilty today to striking a California Highway Patrol plane with a powerful green laser beam, United States Attorney Benjamin B. Wagner announced.
According to court documents, Danielson tracked and struck a CHP plane, Air 43, 18 to 20 times with a powerful green laser pointer. Clovis police officers were dispatched to the source of the laser beam and found Danielson with a laser pointer in his pants’ pocket. As a result of the laser strikes, the pilot and tactical flight officer, who were conducting a routine patrol, suffered flash blindness and watery eyes. The laser pointer was the size of a flashlight and had a danger warning.
Reports of laser attacks have increased dramatically in recent years as powerful laser devices have become more affordable and widely available to the public. This year, according to the Federal Aviation Administration (FAA), there have been over 22 laser incidents reported each day in the United States. The Eastern District of California, which encompasses 34 counties in the eastern portion of California, has a high proportion of reported laser incidents. Lasers can completely incapacitate pilots who are trying to fly safely to their destination, endangering their crew members, passengers and people on the ground.
Danielson is scheduled for sentencing before U.S. District Judge Lawrence J. O’Neill on May 31, 2016. He faces a maximum prison term of five years and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Federal Bureau of Investigation, the CHP, and the Clovis and Fresno Police Departments. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Central Valley Defendants Sentenced to Prison for $33 Million Tax Refund SchemeRead the Press Release
FRESNO, Calif. — United States District Judge Anthony W. Ishii sentenced four defendants today after being found guilty in a November 2015 trial for a tax refund scheme that claimed over $33 million in refunds, United States Attorney Benjamin B. Wagner announced.
-
Gaylene Lynnette Bolanos, 58, of Fresno, was sentenced to 10 years in prison and ordered to pay $429,300 in restitution;
-
Leroy Donovan Combs, 74 of Fresno, was sentenced to three years and nine months in prison;
-
Charles Wayne Uptergrove, 57 of Madera County; was sentenced to three years and three months in prison; and
- Ladonna Lee Moon, 55, of Texas, was sentenced to one year and nine months in prison. All four defendants were convicted of submitting false claims against the IRS and conspiracy.
Prior to trial, three co-defendants pleaded guilty to submitting false claims to the IRS and were sentenced. On February 29, 2016, Judge Ishii sentenced Louis Calles, 67, of Fresno to 16 months in prison and James Schwartz, 61, of Fresno, to one year and a day of in prison. On January 11, 2016, Oswald Georgner, was sentenced to 18 months in prison.
According to court documents and testimony at trial, between August 2008 and October 16, 2008, Bolanos and Georgner, with the assistance of their co-defendants submitted false tax returns utilizing IRS Form 1099-OID in an attempt to eliminate their debts and receive sizable tax refunds. Specifically, the tax returns were fraudulent because the defendants listed their debts, bills, and other non-income items as interest income. The defendants then claimed that almost all of that interest income had been withheld and paid to the IRS, even though none of the purported interest income was ever withheld. Based on the reported withholdings, the defendants claimed they were owed millions of dollars in refunds by the IRS.
In all, the defendants submitted false tax returns to the IRS seeking more than $33 million in fraudulent tax refunds, and in response the IRS issued approximately $400,000 in unearned refunds
U.S. Attorney Wagner stated: “These defendants submitted bogus tax forms to the IRS claiming enormous unearned refunds. Through their fraud, they sought to enrich themselves and victimize American taxpayers. The U.S. Attorney’s Office will continue to work with IRS Criminal Investigation to enforce our nation’s tax laws and stop fraud and abuse.”
“With more than $33 million in federal tax refunds claimed, this was not your typical false claims case against the government — it exceeded most salaries of hard-working, tax-abiding citizens,” said Special Agent in Charge Michael T. Batdorf, IRS Criminal Investigation. “Plain and simple, this was fraud. Today‘s sentencings reflect the seriousness of these crimes, promotes respect for the law and provides just punishment.”
This case was the product of an investigation by the Internal Revenue Service‑Criminal Investigation. Assistant United States Attorneys Grant B. Rabenn and Henry Z. Carbajal III prosecuted the case with assistance from Trial Attorney Karen J. Sharp, of the Department of Justice, Antitrust Division.
-
California Man Federally Charged with Travel with Intent to Engage in Criminal Sexual ConductRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Stephen Chang, age 27, from Los Angeles, California was arrested at the Harrisburg International Airport on Saturday, March 5, 2016 and charged with three counts of travel with intent to engage in criminal sexual conduct.
According to United States Attorney Peter Smith, Chang allegedly began communicating with a minor female when she was only 13 years old. The communications began in August 2014 and continued until the day of his arrest. During these conversations, Chang enticed the juvenile to produce and send sexual exploitative images. Chang also traveled from Los Angeles, California to Elizabethtown, Pennsylvania on December 12, 2014, October 1, 2015 and March 4, 2016, to engage in sexual conduct with the minor. On January 29, 2016, police were notified by the National Center for Missing and Exploited Children in a CyberTipline report about Facebook communications between the minor residing in Elizabethtown, Pennsylvania and an adult male in California, later identified as Stephen Chang.
Chang appeared before U.S. Magistrate Judge Susan E. Schwab today for his initial appearance and preliminary hearing. Judge Schwab found probable cause to conclude that Chang traveled to Pennsylvania to engage in sexual conduct with a minor. Chang was ordered temporarily detained pending a detention hearing which is scheduled for March 10, 2016.
This case was investigated by the Federal Bureau of Investigation, the Lancaster County District Attorney’s Office, the Elizabethtown Police Department, the Northwest Regional Police Department, the Dauphin County District Attorney’s Office and the Harrisburg International Airport Police and demonstrates an excellent collaborative investigative effort to remove dangerous sexual predators from the street and protect the communities’ children. The federal charges are being prosecuted by Assistant United States Attorney Daryl Bloom.
If you have any information related to this case or believe you or someone you know may be a victim, you are encouraged to contact the Federal Bureau of Investigation at 717-232-8686.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each offense is 30 years’ 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.
# # #
Business Manager and Secretary-Treasurer of Iron Workers Local 201 Charged with Taking Kickbacks from the Wages of Public Works EmployeesRead the Press Release
The business manager and secretary-treasurer of Local 201 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Union AFL-CIO (Iron Workers) based in Washington, D.C., was charged with taking kickbacks from public works employees at the Blue Plains Wastewater Treatment Plant of the District of Columbia Water and Sewer Authority (Blue Plains).
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Acting Special Agent in Charge John J. Dolce of the Department of Labor Office of Inspector General’s Office of Labor Racketeering and Fraud Investigations Washington, D.C., Regional Office and District Director Mark Wheeler of the Department of Labor’s Office of Labor Management Standards Washington, D.C., District Office made the announcement.
Juan Carlos Recinos, 40, of Upper Marlboro, Maryland, the business manager and secretary-treasurer of Iron Workers Local 201, was charged by a grand jury in the District of Columbia with seven counts of taking kickbacks from public works employees. Recinos is scheduled to have his initial appearance at 1:30 p.m. EST before U.S. Magistrate Judge G. Michael Harvey of the District of Columbia.
The Iron Workers Local 201 represents workers known as “rodmen” who set rebar into concrete forms at construction sites in Washington, D.C., and adjacent counties. Prior to being elected business manager and secretary-treasurer of Local 201 in 2014, Recinos served as an organizer for Local 201.
The indictment alleges that, on seven instances between April and September 2013, Recinos knowingly induced rodmen who had received back pay awards from their employment at Blue Plains to give him part of their award, ranging from $500 to $3,800 in cash, by falsely representing that the rodmen owed money to an unnamed attorney. Recinos allegedly pocketed the money, in violation of the Copeland Anti-Kickback Act, which ensures that employees on public works projects receive all the wages to which they are entitled.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent until and unless proven guilty.
The U.S. Department of Labor is investigating the case. Trial Attorney Vincent Falvo of the Criminal Division’s Organized Crime and Gang Section is prosecuting the case.
Boise Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
BOISE - Richard Martinez, Jr., 39, of Boise, Idaho, pleaded guilty today in United States District Court for failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Martinez was indicted by a federal grand jury on August 11, 2015.
According to the plea agreement, Martinez was convicted in July 2011, of possession of child pornography by the Department of the Army. As a result of the conviction, Martinez was required to register and update his registration under the Sex Offender Registration and Notification Act (SORNA). Martinez was previously convicted of failing to register as a sex offender in Ada County, Idaho in 2015. After release from custody in February of 2015, Martinez registered as a sex offender with the State of Idaho, listing his residence as a hotel in Boise. Martinez confirmed this as his residence with the State of Idaho in April and June 2015. However, Martinez moved from the hotel in May of 2015, and did not update his registration. Boise Police Detectives arrested Martinez in Garden City, Idaho on July 8, 2015. Martinez subsequently admitted that he had moved approximately 4-6 weeks earlier and had not updated his registry as required.
The charge of failure to register as a sex offender is punishable by up to ten years in prison, a maximum fine of $250,000.00, and five years up to lifetime supervised release.
Sentencing is scheduled for May 6, 2016 before visiting U.S. District Judge Dee V. Benson.
The case was investigated by the United States Marshals Service (USMS), the Boise Police Department, and the Idaho Department of Corrections, Bureau of Probation and Parole.
Richard Martinez, Jr. was prosecuted for a violation of the Sex Offender Registration and Notification Act (SORNA) passed by Congress in 2006. The Act requires sex offenders to register and keep their registration current in each jurisdiction where they reside. Violations of SORNA can be prosecuted in federal court.
Boca Raton Resident Sentenced for Impersonating a Federal OfficialRead the Press Release
Simon E. Zablah, 29, of Boca Raton, Florida, was sentenced by U.S. District Senior Judge Daniel Hurley in West Palm Beach to one year and a day in prison, to be followed by three years of supervised release, after pleading guilty to two counts of impersonating a federal official and one count of access device fraud. Zablah was also order to pay $3,500 in restitution.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, and John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS) Southeast Field Office, made the announcement.
According to documents and statements introduced in court, Zablah was stopped for speeding on April 8, 2015 by an officer of the Hollywood Police Department. During this traffic stop, Zablah presented a counterfeit identification card which falsely identified him as a Staff Sergeant assigned to United States Special Operations in order to get out of a $205 traffic ticket.
In April 2013, Zablah also falsely claimed to be a Sergeant First Class in the United Starts Army Reserve in order to obtain a job with a uniform supply company in Broward County. In August 2013, while working in the call center for this uniform supply company, Zablah obtained the credit card number of a customer which he then used to make six unauthorized charges totaling approximately $3,669. Zablah used the customer’s credit card to purchase items on the internet, including a personal computer, which were delivered to an address associated with the defendant in Fort Lauderdale.
Zablah admitted that in actuality he only served as a soldier in the United States Army for approximately two weeks in January 2005. Other that this brief service, Zablah has never been employed or otherwise associated with any branch of the military or law enforcement.
“The federal sentencing of Simon E. Zablah is a warning for others that the false impersonation of a member of the U.S. military or law enforcement will have legal consequences,” stated U.S. Attorney Wifredo A. Ferrer.
“Falsely claiming to be a federal official to obtain something of value can and does have serious consequences,” said Michael A. D’Alonzo, Assistant Special Agent in Charge, FBI Miami. “Law enforcement took note of Simon E. Zablah’s scam and now he has a federal conviction and a prison sentence as a result of his actions. Let this serve as a lesson to other would-be impersonators.”
“Today's sentencing sends a clear warning to anyone who would impersonate a U.S. military member and make false claims about military service for personal and monetary gain,” said Special Agent in Charge John F. Khin, Defense Criminal Investigative Service (DCIS) Southeast Field Office. “DCIS will continue to work tirelessly to investigate fraud, waste, and abuse involving the Department of Defense."
Mr. Ferrer commended the investigative efforts of the FBI, DCIS, Hollywood Florida Police Department, and U.S. Customs and Border Protection. The case was prosecuted by Assistant U.S. Attorney Carolyn Bell.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Arizona Man Texted His Way into Federal Drug Conviction in KansasRead the Press Release
WICHITA, KAN. – An Arizona man who didn’t realize he was texting with a Wichita police officer pleaded guilty Monday to driving five pounds of methamphetamine to Kansas, U.S. Attorney Barry Grissom said today.
Mark McFarland, 31, Phoenix, Ariz., pleaded guilty to one count of interstate transportation in furtherance of drug trafficking. According to court records, McFarland thought the texts he received while planning to travel with drugs to Kansas were coming from his former girlfriend. In fact, the girlfriend had been arrested in another case and a Wichita police officer had seized her cell phone.
Two days after the girlfriend was arrested, McFarland sent a text to the girlfriend’s number saying, “Hi.” The officer texted back: “Hi.” What followed was a series of texts in which they arranged for McFarland to drive to Wichita to visit the girlfriend and to deliver five pounds of methamphetamine. McFarland was arrested when he arrived in Wichita with the drugs.
Sentencing is set for July 7. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. Grissom commended the Wichita Police Department and Assistant U.S. Attorney Matt Treaster for their work on the case.
Another member of Culloden heroin-dealing family sentenced on Federal drug chargeRead the Press Release
HUNTINGTON, W.Va. – A Culloden man who assisted his parents in selling heroin from their home in 2014 and 2015 was sentenced today to five years of probation, announced Acting United States Attorney Carol Casto. Shawn Paul Cremeans, 24, previously pleaded guilty in December 2015 to aiding and abetting the distribution of heroin.
From early 2014 to May 2015, Sanford Dale Cremeans and his wife, Toni Cremeans, along with their son, Shawn Cremeans, conspired to sell heroin from their residence at 2246 3rd Street in Culloden. On December 2, 2014, a confidential informant working with law enforcement contacted Shawn Cremeans to arrange a heroin purchase. The informant traveled to the Cremeans’ residence and met with Shawn and Sanford Cremeans while they waited for Toni Cremeans to arrive with additional heroin. Once Toni Cremeans arrived, the informant paid Shawn Cremeans and received the heroin from Sanford Cremeans. Both Toni and Shawn Cremeans admitted that they were responsible for distributing up to 100 grams of heroin during the conspiracy. Sanford Cremeans admitted that he assisted in the sale of heroin from the family residence on numerous other occasions and was responsible for the distribution of up to 100 grams of heroin.
Sanford Cremeans was sentenced in January 2016 to three and a half years in federal prison. Toni Cremeans previously pleaded guilty to distribution of heroin and faces up to 20 years in federal prison and a $1 million fine when she is sentenced on March 28, 2016.
The Huntington FBI Drug Task Force and the Cabell County Sheriff’s Department conducted the investigation of these cases. Assistant United States Attorney Joseph F. Adams is handling the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
-
Follow us on Twitter: SDWVNews
-
Altamont Man Sentenced for Identity Theft, Extortion, and Child Pornography OffensesRead the Press Release
On March 7, 2016, Stephen B. Mislich, 24, of Bowling Green, Ohio, formerly of Altamont, Illinois, was sentenced to 235 months in federal prison for identity theft, extortion, and child pornography offenses, Acting United States Attorney for the Southern District of Illinois James L. Porter, announced today.
"Clearly, the Court was as concerned for these victims as we were. This was a brutal crime which involved the utter degradation and cyber rape of these victims. Mislich’s actions were certainly deserving of the punishment meted out. The Court showed true courage in delivering the sentence that it did." noted Acting United States Attorney Porter.
Evidence at his sentencing hearing established that Mislich stole the online identity of a victim from Effingham County, Illinois, and then used that identity to extort and attempt to extort nude images and videos from several other victims in the area. One of the victims was 16 years old at the time of the offense and the images Mislich forced her to produce constituted child pornography under federal law. Besides the almost 20 year sentence, the Court also ordered Mislich to spend the rest of his life on Supervised Release and ordered him to pay a $2,000.00 fine.
The investigation was conducted by the Federal Bureau of Investigation and the Effingham Police Department. The case was prosecuted by Assistant United States Attorney Thomas E. Leggans.
Allen Man Sentenced for Sexually Abusing a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that an Allen, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on March 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Edgar James Brown Bear, age 39, was sentenced to 10 years of imprisonment, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He will also be required to register as a sex offender.
Brown Bear was charged on May 19, 2015, and pleaded guilty on August 14, 2015.
The conviction stems from Brown Bear sexually abusing a fourteen year-old girl at Allen.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Brown Bear was immediately turned over to the custody of the U.S. Marshals Service.
Alleged Sinaloa Cartel Trafficker Victor Emilio Cazares Gastellum Extradited to the U.S.Read the Press Release
Assistant U. S. Attorney Michael Kaplan (619) 546-7927
NEWS RELEASE SUMMARY – March 7, 2016
SAN DIEGO – Alleged drug kingpin Victor Emilio Cazares Gastellum, who for years was one of the United States’ most-wanted Mexican drug trafficking suspects, was extradited on Friday and arraigned in federal court in San Diego this morning on drug conspiracy and money laundering charges.
Cazares, also known as “El Licenciado,” was indicted by a federal grand jury in San Diego in 2007, along with 18 of his suspected lieutenants and foot soldiers. According to the indictment, Cazares' organization shipped multi-ton quantities of drugs from Colombia and Venezuela through Central America to Mexico. The narcotics were then smuggled across the Southwestern border and he and others distributed the drug throughout the United States.
The United States issued a provisional arrest warrant for Cazares following his indictment, and the U.S. Department of State offered a reward of up to $5 million for information leading to his arrest and/or conviction. Cazares was captured by Mexican authorities about five years later, on April 8, 2012, at a highway checkpoint near the western city of Guadalajara.
Until his arrest, Cazares was believed to be aligned with Joaquin “Chapo” Guzman, former leader of the Sinaloa drug cartel, one of the most notorious and violent drug trafficking organizations operating in Mexico. The Sinaloa Cartel imports and distributes hundreds of tons of cocaine, methamphetamine, and marijuana into the United States each year.
The indictments were announced at a news conference in San Diego by then –Attorney General Alberto Gonzales. The 22-month sting, code-named “Operation Imperial Emperor,” resulted in the nationwide arrests of 402 people suspected of working for the cartel, more than $45 million in cash and tons of cocaine, heroin and marijuana.
During today’s hearing before U.S. Magistrate Judge David Bartick, the defendant was ordered detained without bail. His next court hearing is scheduled for April 4, 2016 at 9 a.m. before U.S. District Court Judge William Q. Hayes.
DEFENDANT Case Number: 07CR0449
Victor Emilio Cazares Gastellum Age: 52
SUMMARY OF CHARGES
Conspiracy to Import Controlled Substance, in violation of Title 21, U.S.C., Secs. 952, 960, and 963; Maximum penalty- Life
Conspiracy to Distribute Controlled Substance, in violation of Title 21, U.S.C., Secs. 846 and 841(a)(1); Maximum penalty- life
Engaging in a Continuing Criminal Enterprise, in violation of Title 21, U.S.C. Sec. 848(b); Maximum penalty- Life
Conspiracy to Launder Money, in violation of Title 18, U.S.C., Secs. 1956(a)(2)(A) and 1956(h); Maximum penalty 20 years
AGENCY
Drug Enforcement Administration
El Centro Police Department
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
6 March 2016
Arrest for Creation and Distribution of Animal Crushing Videos, Exhibition of Animals in Animal Fighting VenturesRead the Press Release
SAN JUAN, P.R. – On March 4, 2016, Ehbrin Castro-Correa (Castro-Correa) was arrested by Immigration and Customs Enforcement, Homeland Security Investigations (HSI) agents, for violations to 18 USC § 48(b)(1)(B) and (b)(2), the creation of an animal crush video and its distribution in interstate commerce; and 18 USC § 49(a), a violation of 7 USC § 2156(a)(1), which prohibits the sponsoring and exhibiting of an animal in an animal fighting venture, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The arrest warrant was issued by US Magistrate Judge Bruce McGiverin based on a Complaint and affidavit presented on March 5, 2016. This is the first case of this nature presented in the District of Puerto Rico.
The sworn affidavit attached to the Complaint alleges that on March 4, 2016, at approximately 4:48 p.m., Castro-Correa arrived at the Pan American Dock (PAD), in San Juan, Puerto Rico in a 2005 white Dodge Dakota pickup truck. Federal agents observed several canines being transported inside crates located within the pickup truck’s bed area. At approximately 5:45 p.m., HSI Agents then observed when Castro-Correa placed six (6) crates – each containing a canine - in the luggage drop off area before he went to present his boarding pass to board the Caribbean Fantasy Ferry. Castro-Correa presented documentation showing he was the owner of the six (6) canines, Spanish Alano (Spanish Bulldog) breed dogs, 4 male and 2 female. He then went to check in to board the ferry at where he showed the CBP Officers a boarding pass. The boarding pass indicated that Castro-Correa was traveling to the Dominican Republic along with pets. The CBP officers referred Castro-Correa to a secondary inspection in which he was subject to a more thorough search of his belongings. All passengers travelling with canines were submitted to secondary inspection.
During the secondary inspection, Castro-Correa was interviewed by HSI Agents. Castro-Correa indicated that he was transporting the canines to the Dominican Republic, that he was paid $800.00 to do so, and that the canines belonged to someone else. Agents were able to inspect Castro-Correa’s cellular phone. The cellular phone contained three videos, an original six-minute video of a dog fight, and two shorter clips made of that same video. The six-minute video depicts a fight between two pit bull female dogs, and two men are overheard encouraging the canines to fight. Castro-Correa admitted that he filmed the video recording. The two clips of the original video were transmitted in interstate and foreign commerce using a communications application known as WhatsApp.
The affidavit further alleges that a search of Castro-Correa’s residence in Rio Piedras, Puerto Rico, was conducted during the evening of March 4, 2016. A preliminary search of the residence revealed several man-made structures made either of concrete or wood with chicken wire that were used as cages. Other structures were simply made-man pits that did not have any overhead cover exposing the dogs to the elements. The dogs inside the cages appeared to be adult dogs that could barely fit inside the cages. Agents observed a total of twenty-five (25) dogs in back area of the residence. There were approximately nine (9) puppies out of the twenty-five (25) found. The conditions in which the dogs were found were deplorable. Some were chained or tied to a structure, or a cement cylinder block or palet, while others were caged, and/or exposed to the elements. The water containers from the dogs were expected to drink from were dirty. Most of the dogs appeared to be pit bulls, and some of them had scars in their muzzle areas and faces. Inside the residence, agents found a man-made treadmill designed for training dogs, old newspaper articles of dog fights, a bag containing what appeared to be medications such as antibiotics, iron and calcium supplements for dogs and dressing compounds, among other evidence. Also seized was what appeared to be medication that requires the use of syringes, along with an open bag containing several syringes.
“This is the first case investigated and prosecuted in this District involving the promotion of dog fights and the creation and distribution of dog fighting videos. The cruelty to which these animals have been submitted is appalling, and this case should put everyone on notice that we will not tolerate this type of inhumane treatment of animals,” said United States Attorney Rodriguez-Velez.
"One does not have to be a pet lover to condemn animal cruelty," said Ricardo Mayoral, acting special agent in charge of HSI San Juan. "HSI has distinguished itself for protecting our children from online predators and those who exploit the most vulnerable segment of our society but it's also important to let people know that we will not tolerate animal cruelty as well. We will continue identifying, investigating, and with the help of our partners, prosecuting those who show total disregard for animals. It is despicable, it is inhumane and it is against the law."
The case was investigated by Immigrations and Customs Enforcement, Homeland Security Investigations, with the collaboration of U.S. Customs and Border Protection (CBP). The dogs have been seized and will be under the custody and care of the U.S. Marshals Service. The case will be prosecuted by Assistant U.S. Attorney Mariana Bauzá, Deputy Chief of the Narcotics Unit and Assistant U.S. Attorney Dina Avila-Jiménez. The defendant faces a maximum penalty of up to seven years in prison for the violations to 18 USC § 48(b)(1)(B) and (b)(2); and up to five years in prison for the violations to 18 USC § 49(a) and 7 USC § 2156(a)(1). The Complaint contains allegations and is not evidence of guilt, the defendant is presumed innocent until his guilt is proven by the government beyond a reasonable doubt.
5 March 2016
Authorities arrest Bridgeport, WV man, seize large quantity of prescription painkillersRead the Press Release
WHEELING, WEST VIRGINIA – Authorities from Ohio and Marshall Counties in West Virginia recovered large quantities of prescription painkillers and United States currency today when they arrested Suhip E. Ebrahim, 26, of Bridgeport, West Virginia, United States Attorney William J. Ihlenfeld, II, announced.
Officers from the Ohio Valley Drug and Violent Crime Task Force and the Marshall County Drug and Violent Crime Task Force, both HIDTA-funded initiatives, allegedly discovered Ebrahim in the Wheeling area in possession of nearly 600 oxycodone pills and in excess of $100,000 in United States currency.
Following his arrest, Ebrahim made an initial appearance in federal court today before U.S. Magistrate Judge James E. Seibert. He is currently being held without bond.
Ebrahim is named in a federal criminal complaint charging him with “Possession with Intent to Distribute Oxycodone.” A complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two other defendants were also arrested today. They are facing charges in state court.
4 March 2016
“Pill Mill” Operators Plead Guilty to Drug Distribution and Money Laundering ChargesRead the Press Release
MONTGOMERY, AL— Erik Raul Torres, 33, and Marc Oliver Adam, 29, both of southern Florida, pleaded guilty on Thursday, March 3, 2016 in federal court to charges stemming from their operation of a “pill mill” in Opelika, Alabama, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama. A “pill mill” is a medical clinic created to sell pills unlawfully, illegally, and for no medical reason.
In 2012, Torres formed EMED Medical Management Corporation—the Opelika pill mill. Torres was the owner and chief executive of the pill mill and he hired Adam to serve as the day-to-day office manager. Torres and Adam then employed Dr. Francisco Huidor-Figueroa to serve as the pill mill’s doctor. At Torres’s direction, Dr. Huidor-Figueroa prescribed controlled substances, like oxycodone, to patients who had no legitimate need for the medicine and intended to either abuse the drug or sell the pills to others who would abuse them. Torres and Adam then laundered the money generated by the unlawful prescriptions.
In December of 2015, Dr. Huidor-Figueroa pleaded guilty to drug distribution and money laundering charges and currently is awaiting sentencing. Thursday, Torres pleaded guilty to conspiring to unlawfully deal drugs (the medically unnecessary prescription medications), and conspiring to launder the proceeds. Adam pleaded guilty to conspiring to launder money.
A sentencing hearing for Torres and Adam is yet to be scheduled. When sentenced, Torres faces up to 20 years’ imprisonment on each count. Additionally, on the drug distribution conspiracy count, Torres faces a maximum fine of $1,000,000. On the money laundering conspiracy count, the maximum fine Torres could be made to pay is $500,000, or twice the value of the property involved in the transaction, whichever is greater. Adam also faces a maximum sentence of 20 years in prison and a fine of $500,000 or twice the value of the property involved in the transaction, whichever is greater.
The Drug Enforcement Administration and Internal Revenue Service’s Criminal Investigations Division investigated the case, with assistance from the Federal Bureau of Investigation, Opelika Police Department, Auburn Police Department and the Alabama Board of Medical Examiners. Assistant United States Attorneys Jonathan S. Ross and Rand N. Neeley are prosecuting the case.
Woman Indicted for Impersonating FBI Agent in Connection with Lottery Fraud Scheme Based in JamaicaRead the Press Release
A federal grand jury in the Southern District of Georgia indicted a woman for impersonating an FBI special agent in connection with an international lottery fraud scheme based in Jamaica, the Department of Justice announced today.
Vania Lee Allen, 30, was charged with one count of conspiracy to commit wire fraud and falsely impersonating an employee of the United States, one count of wire fraud and one count of falsely impersonating an employee of the United States.
According to the indictment, Allen and a co-conspirator in Jamaica sought to unlawfully enrich themselves through a fraudulent lottery scheme targeting an elderly resident of Evans, Georgia. Allen’s co-conspirator falsely informed the victim by phone that the victim had won money in a lottery and instructed the victim to make payments to various people in order to collect the purported lottery winnings. As alleged in the indictment, in order to gain the trust of the victim and induce him to continue to make payments, Allen traveled from Jamaica to the United States and falsely portrayed herself to the victim as an FBI agent.
“Fraud schemes operating from other countries and targeting Americans often cannot fully succeed without assistance from a co-conspirator in the United States,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Scammers use many different tactics in an effort to gain the trust of their victims. The Justice Department will actively pursue and charge those who participate in such criminal activity.”
“The U.S. Attorney’s Office for the Southern District of Georgia is committed to vigorously prosecuting fraud schemes of all kinds,” said U.S. Attorney Edward J. Tarver of the Southern District of Georgia. “Those who perpetrate scams upon the vulnerable should know that federal law enforcement will work tirelessly to shut down fraud schemes and prosecute those responsible.”
According to the indictment, Allen traveled from Jamaica to the United States in early May 2015. The indictment alleges that Allen sent a number of text messages to her co-conspirator in Jamaica discussing the plan to impersonate an FBI agent, including a text that attached an image of a law enforcement style badge with an “FBI” logo and the words “Federal Bureau of Investigation” on the face of the badge. The indictment further alleges that on May 7, 2015, Allen traveled to the victim’s home in Evans, Georgia, falsely portrayed herself to the victim as a FBI special agent and provided the victim with a cellphone and directed him to speak with the person on the line, who was her co-conspirator in Jamaica.
“These lottery scammers prey on elderly Americans, and convince them to send significant amounts of money based on false promises,” said U.S. Postal Inspector in Charge David W. Bosch of the Philadelphia Division. “The Postal Inspection Service is committed to investigating and combating these international lottery schemes.”
This prosecution is part of the Department of Justice’s effort to work with federal and local law enforcement to combat fraudulent lottery schemes in Jamaica that prey on American citizens. According to the U.S. Postal Inspection Service, Americans have lost tens of millions of dollars to fraudulent foreign lotteries.
If convicted, Allen faces a statutory maximum sentence of up to 20 years in prison for the wire fraud count, as well as up to five years for the conspiracy count and up to three years for the false impersonation count.
The case is being prosecuted by Trial Attorney Clint Narver of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney C. Troy Clark of the Southern District of Georgia. The case was investigated by the U.S. Postal Inspection Service and the Columbia County Georgia Sherriff’s Office.
An indictment is merely an allegation and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Georgia, visit its website at http://www.justice.gov/usao-sdga.
Wilkes-Barre Township Man Charged with Theft of MailRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Stefanski, age 35, Wilkes-Barre, was indicted by a federal grand jury on March 1, 2016 in Scranton for theft of mail. The indictment was unsealed today following his arrest.
According to United States Attorney Peter Smith, the indictment charges Stefanski with theft of mail between December 2014 and February 2015. The alleged thefts were discovered after postal customers in the areas of Dallas, Shavertown, Plains, Trucksville and Luzerne Township, Luzerne County, complained about mail that was not received and/or mail that was received with contents missing. Some of the missing contents included cash, gift cards, and lottery tickets.
Further investigation revealed that Stefanski, who was employed by a trucking company hired to transport mail from one post office to another, had allegedly removed mail and its contents from mail containers in his truck.
The case is being investigated by the United States Postal Service, Office of Postal Inspection Services, and is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
Anyone who believes they may be a victim or have further information should contact Postal Inspector David Heinke, United States Postal Service, at 877-876-2455
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 5 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.
# # #
Weslaco Man Sentenced for Child Pornography ConvictionsRead the Press Release
McALLEN, Texas – Raul Casarez, 35, of Weslaco, has been ordered to prison following his conviction on one count of production of child pornography and one count of receipt of child pornography, announced U.S. Attorney Kenneth Magidson along with Special Agent in Charge Shane Folden of Homeland Security Investigations (HSI) - San Antonio. Casarez pleaded guilty Sep. 21, 2010.
Today, Chief U.S. District Judge Ricardo H. Hinojosa imposed a 20-year sentence which will be immediately followed by five years of supervised release. The court also ordered a total of $9,500 in restitution for all of the identified victims in the case. Additionally, Casarez will be ordered to register as a sex offender for the rest of his life.
At a previous hearing, the court heard testimony concerning the familial relationship the defendant had to the victims involved in the child pornography production. Testimony established that Casarez sexually exploited four young relatives that considered him to be the “fun” relative. Furthermore, the court heard how the defendant had preyed on his younger relatives for several years dating back to the mid-90s and up until the date of his arrest in 2009.
On Sept. 30, 2009, an agent with Homeland Security Investigations (HSI) began an Internet investigation to identify persons using peer-to peer software to traffic in child pornography and soon discovered a specific computer as offering to participate in the distribution of child pornography movies. Casarez was identified as the person linked to that computer.
Agents executed a search warrant of his residence and seized computers and various external storage media. The forensic examination of the items revealed more than 4,000 child pornographic images and more than 400 child pornographic movies of clearly young children engaged in sexually explicit conduct. The images include children under the age of 12, bondage and acts of violence. Some of the images are of known victims as identified through the National Center for Missing and Exploited Children.
Casarez admitted he downloaded child pornography from the Internet and that he was in possession of child pornography on his computer.
The forensic examination also revealed three photographs or visual depictions of a young pre-pubescent girl stored on the computer’s hard drive. The photographs depicted her in a pose considered to be sexually explicit conduct.
The pictures were taken by a Samsung cell phone and uploaded to Casarez’s computer.
This case, investigated by HSI and prosecuted by Assistant U.S. Attorneys Kimberly Ann Leo, Juan Alanis, and Alex Benavides, 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."
Two sentenced for drug traffickingRead the Press Release
WHEELING, WEST VIRGINIA – Two individuals were sentenced for drug trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Sharod D. Nickelson, 44, of Detroit, Michigan, conspired with other individuals to possess and sell oxycodone throughout the Ohio Valley. Following an investigation by the Ohio Valley Drug and Violent Crime Task Force, a HIDTA-funded initiative, Nickelson pled guilty in January 2016 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.” He was sentenced today to 87 months in prison.
Donald William Butler, 57, of Saint Marys, West Virginia, was among six individuals charged in a federal indictment when authorities disrupted a Pleasants County methamphetamine manufacturing operation in June 2015. Specifically, Butler was discovered in possession of materials commonly utilized to manufacture methamphetamine. Following an investigation by the West Virginia State Police and the Pleasants Count Sheriff’s Department, Butler pled guilty in October 2015 to one count of “Possession of Material Used in the Manufacturing of Methamphetamine – Aiding and Abetting.” He was sentenced today to 46 months in prison.
Assistant U.S. Attorney Robert McWilliams prosecuted Nickelson and Assistant U.S. Attorney Shawn Adkins prosecuted Butler on behalf of the government.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
Two Northwest Arkansas Men Sentenced to Total of Almost 14 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, Acting United States Attorney for the Western District of Arkansas, announced today that Oscar Alonzo, age 23, of Springdale, was sentenced to 110 months in federal prison followed by three years of supervised release on one count of Possession of Methamphetamine with Intent to Distribute. He was also ordered to pay a $3500.00 fine. Co-Defendant, Francisco Mejia-Galdamez, age 37, of Fayetteville, was sentenced to 57 months in federal prison and three years of supervised release on one count of Distribution of Methamphetamine on February 24. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
A federal grand jury issued an indictment for Mejia-Galdamez and Alonso on July 22, 2015. They each pleaded guilty to the charges in November, 2015.
These cases were investigated by the Rogers Police Department and the Drug Enforcement Administration. Assistant United States Attorney Brice White prosecuted the case for the United States.
* * * E N D * * *
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Two Mexican Nationals Ordered Detained Pending Trial on Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Francisco Rodriguez-Moreno, 26, and Octavio Lopez-Ramirez, 31, both Mexican nationals, with heroin trafficking offenses. Both men, who are illegally in the United States and residing in Albuquerque, were ordered detained pending trial.
Rodriguez-Moreno and Lopez-Ramirez were arrested on March 2, 2016, by the DEA and the HIDTA Region III Narcotics Task Force after they executed searches on Rodriguez-Moreno’s vehicle and the residence in which both men reside. The agents allegedly seized 425 gross grams of heroin from Rodriguez-Moreno’s vehicle and 1070.6 gross grams of heroin from the residence. The agents also allegedly seized more than $8000 and drug paraphernalia from the residence and more than $7000 from Rodriguez-Moreno.
If convicted of the crimes charged in the criminal complaint, Rodriguez-Moreno and Lopez-Ramirez face a statutory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region III Narcotics Task Force.
Assistant U.S. Attorney Presiliano Torrez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.
Tennessee Man Indicted for Veterans Unemployment Compensation Benefit FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Tennessee man was indicted and arrested for fraudulently obtaining $7,319 in Veterans’ unemployment compensation benefits from the Pennsylvania Department of Labor & Industry.
According to U.S. Attorney Peter Smith, Earl Lafayete Hall, III, age 35 of Arlington, Tennessee, is charged with 12 Counts of Mail Fraud and 10 Counts of Money Laundering. According to the Indictment filed on March 2, 2016, Hall applied for Veteran’s unemployment compensation benefits under the false name and identity of another individual. The bogus application was submitted to the Pennsylvania Department of Labor & Industry in Harrisburg. As a result, the Department mailed Hall unemployment compensation benefit checks totaling $7,319 between July and November of 2014.
The Indictment also alleges the benefit checks were deposited into a bank account Hall controlled in Illinois. Thereafter, $4,900 in cash was removed from the account. The cash withdrawals form the basis of the Money Laundering counts in the Indictment.
The Indictment also charges Hall with one count of Aggravated Identity Theft.
The indictment was unsealed yesterday following Hall’s arrest by federal agents in Arlington. Hall appeared before a U.S. Magistrate Judge in Memphis, Tennessee for a bail hearing and was released on a $5,000 unsecured bail.
Hall received the benefits under the Unemployment Compensation for Ex-Service Members Program, which is commonly known as “The UCX Program.” The UCX Program is a federally funded U.S. Department of Labor program administered by the States. Under this federal-state partnership, the States pay out unemployment insurance benefits to the veterans and are subsequently reimbursed by the various branches of the military. Benefits are based upon the military wages and pay grade of the serviceman at the time of his or her separation from military service. There is no payroll deduction for UCX unemployment insurance protection.
The investigation is being conducted by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering & Fraud Investigations, U.S. Defense Criminal Investigative Service, U.S. Postal Inspection Service with assistance from Pennsylvania Department of Labor and Industry, Internal Audits Division, Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Benefits and Policy, and the Pennsylvania Department of the Treasury, Office of Unemployment Compensation Disbursements. The case is being prosecuted by Assistant U.S. Attorney Kim Douglas Daniel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
State Inmate Sentenced to 70 Months for Threatening JudgeRead the Press Release
TALLAHASSEE, FLORIDA – Michael Dean Drew, 43, originally from Jacksonville but now an inmate of the Florida Department of Corrections, was sentenced to 70 months in federal prison today for mailing a threatening letter to a federal judge with the intent to extort a thing of value. United States District Judge Robert Hinkle imposed this sentence consecutively to Drew’s 30-year state sentence for dealing in stolen property and to Drew’s 28-month federal sentence for threatening a different federal judge. The sentence was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
Drew pled guilty to the current charge on December 2, 2015. Court records show that Drew committed the stolen property offense in Jacksonville, less than two months after his release from the Florida Department of Corrections. He received the 30-year sentence under Florida’s Prison Release Reoffender law. In 2006, Drew challenged the 30-year sentence in federal court in Jacksonville. Relief was denied in 2009. In 2011, Drew sent threatening letters to the federal judge who denied him relief and to a Florida Assistant Attorney General involved in those proceedings. Drew was charged with mailing threatening communications in U.S. District Court for the Middle District of Florida and sentenced to 28 months in prison in 2012.
In June 2015, Drew sent threatening letters to the federal judge who presided over his 2012 prosecution, still seeking relief on the underlying state conviction. He was being held at the Wakulla Correctional Institution when he wrote the letters. Drew will be returned to the Florida Department of Corrections, so that he will complete his state sentence first. Thereafter, he will serve his federal sentences in the Federal Bureau of Prisons.
Acting United States Attorney Canova praised the work of the United States Marshals Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Florida Department of Corrections, whose joint investigation led to the conviction in this case. This case was prosecuted by Assistant United States Attorney Michael T. Simpson.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Springfield Felon Sentenced for Illegally Possessing FirearmRead the Press Release
BOSTON – A previously convicted felon was sentenced today in U.S. District Court in Springfield for being in possession of a firearm with an obliterated serial number.
Lavon Pemberton, 28, was sentenced by U.S. District Court Judge Michael A. Ponsor to seven years in prison and three years of supervised release after pleading guilty in September 2015.
On June 15, 2012, Pemberton possessed a Taurus .357 caliber handgun loaded with six rounds of hollow-point .380 ammunition. Law enforcement officers discovered the firearm in Pemberton’s backpack after arresting him on an outstanding warrant. Pemberton has a an extensive, violent criminal history, including a 2012 conviction for attempted second degree assault for which he was sentenced to a five-year suspended sentence just three days before being caught with the handgun and ammunition.
United States Attorney Carmen M. Ortiz; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Commissioner John Barbieri of the Springfield Police Department, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Kevin O’Regan and Katharine A. Wagner of Ortiz’s Springfield Branch Office.