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4 March 2016
Illinois Man Sentenced for Defrauding Foreign Investor of $500,000Read the Press Release
ALEXANDRIA, Va. – Thomas A. Kopec, 48, of New Lenox, Illinois, was sentenced today to 25 months in prison for wire fraud for cheating a Panamanian investor out of $500,000. Kopec was also ordered to serve three years of supervised release and pay $500,000 in restitution.
Kopec pleaded guilty on Dec. 11, 2015. According to court documents, Kopec admitted to soliciting $500,000 from the victim for a purported investment vehicle for purchasing securities and acquiring a bank. Kopec took steps in pursuing the purported investment in order to lull the victim into thinking the investment was proceeding as planned. In truth, Kopec misappropriated the moneys and spent them on personal and other expenses at retail establishments including Best Buy, Wal-Mart, and the Apple Store. Kopec started the scheme in Illinois, but relocated it to the Eastern District of Virginia, and caused the issuance of interstate wires originating in the Eastern District of Virginia in order to obtain and misappropriate the victim’s money.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge T.S. Ellis, III. Assistant U.S. Attorney Kosta S. Stojilkovic prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:14-cr-204.
Identity Thief Sentenced to 9 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Gurpinder Sandhu, 47, of Hercules, was sentenced today by United States District Judge Garland E. Burrell, Jr. to nine years in prison for possession of device-making equipment and aggravated identity theft, United States Attorney Benjamin B. Wagner announced.
According to court documents, in September 2014 law enforcement began investigating reports of numerous vehicles fraudulently purchased with stolen identities from car dealerships throughout the Northern and Eastern Districts of California. The investigation led to Sandhu’s residence, where law enforcement located three of the fraudulently obtained vehicles: a 2014 Nissan Rogue, a 2014 Dodge Challenger, and a Harley Davidson motorcycle.
Inside Sandhu’s residence, law enforcement agents found many counterfeit items, including credit cards and California driver licenses. Law enforcement agents also found device-making equipment to manufacture these counterfeit items. This equipment included an embossing machine, cameras, printers, scanners, materials and chemicals used to produce identification cards, state seals, and a blue backdrop on the wall to imitate a California Department of Motor Vehicles ID photo background. Agents also found documents containing the names of real people, such as rental agreements, Comcast bills and sales receipts.
Based on the fraudulent documents found in the apartment, law enforcement identified at least 50 victims of identity theft. Sandhu and a co-defendant, used these identities to fraudulently purchase vehicles from car dealerships and retail goods from commercial stores such as Macy’s.
Sandhu succeeded in getting at least seven vehicles in this manner. In addition to the three vehicles named above, Sandhu fraudulently obtained a 2013 Yamaha motorcycle, a 2010 Chevrolet Corvette, a 2013 Dodge Challenger and a 2013 Dodge Charger.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the California Highway Patrol. Special Assistant United States Attorney Josh F. Sigal prosecuted the case.
Sandhu was also ordered to pay $45,115 in restitution. He has remained in custody since his arrest on March 6, 2015. Charges remain pending against co-defendant Simone Aguilar, who is next scheduled to appear in court on April 8, 2016. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Husband and Wife Sentenced in Postal Insurance Theft SchemeRead the Press Release
DALLAS — A husband and wife from Fort Worth, Texas, have been sentenced for their roles in a postal insurance theft scheme they ran in north Texas, and elsewhere, announced U.S. Attorney John Parker of the Northern District of Texas.
Sabrina Bourbois, 32, was sentenced by U.S. District Judge Sidney A. Fitzwater to 21 months in federal prison in December 2015, following her guilty plea earlier in the year to one count of theft of government money, property or records. She has been in custody since her arrest in March 2015.
Today, her husband, Ricardo Bourbois, 45, was sentenced by Judge Fitzwater to serve 12 months in federal prison. He pleaded guilty in November 2015 to the same offense. The couple was also ordered to pay $138,982 in restitution, jointly and severally, to the U.S. Postal Service. Ricardo Bourbois must surrender to the Bureau of Prisons on April 19, 2016.
According to documents filed in the case and statements made in court, Ricardo Bourbois stole postal insurance from the U.S. Postal Service, and Sabrina Bourbois used this name and others, including Alicia Diver, Sabrina Kibbee, Sabrina Diver and Sabrina Kibbee-Diver to do the same by falsifying documents and opening post office boxes for both receive the benefits from the scheme. The scheme to defraud lasted more than three years.
The U.S. Postal Inspection Service and the U.S. Postal Service - Office of Inspector General investigated. Special Assistant U.S. Attorney Jennifer Bray was in charge of the prosecution.
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Houstonians Plead Guilty in $13 Million Health Care Fraud CaseRead the Press Release
HOUSTON – The leader and four others charged in a $13 million Medicare and Medicaid health care fraud case have entered guilty pleas for their respective roles, announced U.S. Attorney Kenneth Magidson.
Mkrtich “Mike” Yepremian, 58, of Houston, pleaded guilty to conspiracy to commit health care fraud and paying kickbacks to marketers of Medicare and Medicaid patients. Also pleading guilty today was Bompa Mbokoso Mompiere, 56, of Houston, who also pleaded to the conspiracy.
Over the last few weeks, three others have also been convicted - Mike Wilson, 47, Jermaine Doleman, 38, and Eric Johnson, 62, all of Houston. They pleaded guilty to the conspiracy and to committing health care fraud.
According to the factual basis in support of the plea, Yepremian ran several false clinics in Houston and Conroe. Yepremian paid marketers, including Wilson, Doleman and Johnson, to bring patients to the clinics for a battery of diagnostic tests and blood work, regardless of medical need. Yepremian paid the marketers approximately $100 for each patient brought to his clinics. In turn, the marketers paid the patients approximately $50 each.
Mompiere was an unlicensed foreign medical graduate who saw patients at Yepremian’s clinics. He also would go into the city and assist in drawing blood from Medicare and Medicaid patients at various home health businesses. Yepremian would bill Medicare and Medicaid for unnecessary blood work and would, in turn, get authorizations for home health care signed by physicians who worked at the clinics.
As a result of this scheme, Medicare and Medicaid were billed approximately $13 million and paid out approximately $9 million in false claims. Yepremian has also agreed to forfeit real estate and some commercial trucks as part of his plea agreement.
The statutory maximum penalty for a violation of the conspiracy statute or for health care fraud is up to 10 years in prison and a possible $250,000 maximum fine. If convicted of paying kickbacks, Yepremian faces an additional five years in prison and a $25,000 fine.
The charges are the result of the investigative efforts of the Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services - Office of Inspector General (Office of Investigations) and the FBI. Special Assistant United States Attorney Suzanne Bradley and Trial Attorney Scott Armstrong are prosecuting the case.
Grand Jury Returns Indictment Charging Five with Meth, Heroin Trafficking in UtahRead the Press Release
SALT LAKE CITY – Four individuals are charged with trafficking drugs in Utah following an investigation by the DEA, the Davis Metro Narcotics Task Force, and the West Valley City Police Department. The drugs were transported from Los Angeles to Salt Lake City for distribution.
Charged in the seven-count indictment are Fausto Alejandro Galaviz-Gaxiola, age 21, Fernando Galaviz-Castro, age 22, Jesus Pina-Cantua, age 22, and Efrain Espinoza, age unknown. The defendants are citizens of Mexico living in West Valley City. The charges include conspiracy to distribute methamphetamine; conspiracy to distribute heroin; possession with intent to distribute methamphetamine; possession with intent to distribute heroin; and distribution of methamphetamine.
According to a complaint filed in the case, the DEA and the Davis County task force initiated a joint investigation targeting the drug trafficking activities of Galaviz-Gaxiola, Galaviz-Castro, and Espinoza in October 2015. As a part of the investigation task force officers made several under cover purchases of methamphetamine and heroin from the defendants.
A search warrant was executed Feb. 18, 2016, at a residence in West Valley City shared by Galaviz-Gaxiola, Galaviz-Castro, and Pina-Cantua. They also executed a search warrant on a vehicle used by the defendants. Agents recovered approximately 4.8 kilograms of heroin (street value of about $480,000), 2.1 kilograms of methamphetamine (street value of $126,000), and $103,764 at the home. About 615 grams of cocaine (street value of $61,500) was recovered during the search of the car, according to the complaint.
Agents also executed a search warrant on Espinoza’s residence in West Valley City and on a car he used. According to the complaint, agents located $8,000 in a sophisticated, electronically-operated compartment hidden on the front passenger side of his car.
The defendants, who were initially charged by complaint, had initial appearances in court following their arrests. They were arraigned on the indictment Thursday afternoon and entered pleas of not guilty to the charges. They will be in custody pending trial.
Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
The first six distribution counts of the indictment each carry potential 10-year mandatory minimum sentences. The seventh count of the indictment, distribution of methamphetamine, carries a potential 40 year sentence with a five-year mandatory minimum. The indictment also seeks the forfeiture of $111,764 in U.S. currency and two vehicles obtained or used as a part of the commission of the offenses.
Gasconade County Police Officer Indicted on Civil Rights ChargesRead the Press Release
St. Louis, MO – An indictment was unsealed earlier today charging former Gasconade County law enforcement officer Marty L. Rainey with multiple civil rights violations involving his sexual abuse of several women during his tenure in various law enforcement departments in Gasconade County, Missouri.
According to the indictment, Marty Rainey was triple-commissioned and employed by the Gasconade County Sheriff’s Office, the Hermann Police Department and the Rosebud Police Department as a law enforcement officer. Between June 2010 and March 2012, in his capacity as a law enforcement officer, Rainey committed acts of aggravated sexual abuse involving four women. Additionally, the indictment alleges that on August 31, 2012, Rainey enticed a minor under the age of 18 to engage in prostitution.
Rainey, Sullivan, MO, was indicted Wednesday by a federal grand jury on four felony counts of deprivation of rights under the color of law and one felony count of enticement of a minor to engage in commercial sex acts. He is expected to appear in federal court in St. Louis later this morning for his initial appearance.
If convicted, these charges carry a maximum penalty of life in prison and/or fines up to $250,000. In determining the actual sentence, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation and the Missouri State Highway Patrol, with the cooperation of the Gasconade County Sheriff’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Gainesville Woman Sentenced to Two Years for Social Security FraudRead the Press Release
GAINESVILLE, FLORIDA – Debra A. Scott, 57, of Gainesville, was sentenced today to two years in prison and ordered to pay $179,979 in restitution for theft of government property and aggravated identity theft. The sentence was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
During her guilty plea on September 2, 2015, Scott admitted that, after her mother’s death in January 1997, she continued to receive her mother’s Social Security Administration benefits checks at the home they shared. Scott forged her mother’s signature on the checks and deposited them into her own account. Between January 1997 and March 2014, Scott negotiated more than 200 stolen Social Security checks, totaling approximately $179,979.
This case resulted from investigations by the Social Security Administration - Office of Inspector General and the Alachua County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Herbert S. Lindsey.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Fourth Defendant Pleads Guilty in Native American Bones Trafficking CaseRead the Press Release
COLUMBUS, Ohio – A fourth defendant has pleaded guilty in the first criminal enforcement of the Native American Graves Protection and Repatriation Act in the Southern District of Ohio.
Toby Lee Thacker, 55, of Wellston, Ohio, pleaded guilty in U.S District Court today to violating the Act by engaging in the excavation and sale of the human remains of a Native American.
David E. Skeens, 39, and Brian K. Skeens, 38, both of Wellston, Ohio, each pleaded guilty in December 2015 to engaging in the excavation and sale of the Native American bones.
Mark M. Beatty, 56, of Wellston, Ohio, pleaded guilty in August 2015 to purchasing the remains.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, Jackson County Sheriff Tedd Frazier and Rick Perkins, Chief Ranger, National Park Service at Hopewell Culture National Historical Park, announced the plea entered into today before U.S. District Magistrate Judge Terence P. Kemp.
According to court documents, David and Brian Skeens and Thacker were observed digging in a rock shelter in Salt Creek Valley in Jackson County, Ohio. When they were approached, they ran off into the woods and left behind shovels, dirt sifters, buckets and trash. Investigators confirmed that they had unburied human remains. Beatty admitted to purchasing those remains.
An anthropologist confirmed that the human remains were consistent with Native Americans, specifically identifiable by cradle boarding, a cultural activity used only by Native American Indians in North America. The identity of the remains was also confirmed by an archeologist, who verified that rockshelters were used extensively for burials in Southern Ohio and specifically in Jackson County.
DNA testing concluded a direct connection to present day Native American Indians living in the United States today.
The remains will be transferred to the federally recognized tribes who have assisted with this case, and re-buried in Ohio at an undisclosed location and in private once all the court proceedings are completed.
U.S. Attorney Stewart commended the investigation by the Jackson County Sheriff’s Office and FBI and the participation from an archeologist from Wayne National Forest and researchers from Ohio University, The Ohio State University and Washington State University, as well as Assistant United States Attorneys J. Michael Marous and Brian Martinez, who are representing the United States in this case.
Fort Worth Man Sentenced to Statutory Maximum of 40 Years in Federal Prison on Methamphetamine ConvictionRead the Press Release
FORT WORTH, Texas — Christopher Michael Stewart, 40, was sentenced this morning by U.S. District Judge John McBryde to 480 months in federal prison, following his guilty plea in November 2015 to one count of possession with intent to distribute methamphetamine. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, on August 19, 2015, officers with the North Richland Hills Police Department stopped Stewart for committing several traffic violations; he was driving a Dodge pickup truck and was the sole occupant of the truck. After a drug detection canine alerted to the presence of narcotics, officers searched the vehicle and recovered approximately 1,157 grams of methamphetamine, a loaded Glock handgun, packaging equipment and approximately $17,600 in cash. The Glock was later confirmed stolen.
The Drug Enforcement Administration and the North Richland Hills Police Department investigated the case. Assistant U.S. Attorney Joshua Burgess was in charge of the prosecution.
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Former Ohio Music Instructor Pleads Guilty to Production of Child PornographyRead the Press Release
COLUMBUS, Ohio – Brian M. Sze, 35, of Seattle, pleaded guilty in U.S. District Court to production of child pornography.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Marlon V. Miller, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Franklin County Sheriff Zach Scott, Columbus Police Chief Kim Jacobs and members of the Franklin County Internet Crimes Against Children (ICAC) Task Force announced the plea entered into today before U.S. District Judge Algenon L. Marbley.
According to court documents, the investigation began in July 2015 after a tip was reported to ICAC, which indicated that Sze had engaged in sexually suggestive communications with a minor. The investigation revealed that Sze had also engaged in illicit sexual contact with a minor and caused recordings of the child engaged in sexual activity to be recorded.
Sze pleaded guilty to one count of production of child pornography, a crime punishable by a range of 15 to 30 years in prison.
“Sze’s actions are particularly heinous because he used his position as an educator to victimize a minor,” Assistant U.S. Attorney Heather A. Hill said.
"This case is particularly troubling due to the defendant's position of trust with young people," said Miller. "Some predators are under the false impression that the anonymity of cyberspace shields them from scrutiny by law enforcement. HSI remains committed to working with our law enforcement partners in the fight against those who sexually exploit children."
“The Franklin County ICAC Task Force works diligently on targeting those who prey on children,” Sheriff Zach Scott said. “We are committed to working collaboratively to bring child predators like Sze to justice. We do not and will not tolerate these crimes being committed in our community.”
The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer facilitated crimes against children. The following agencies are members:
Franklin County Sheriff’s Office
Ohio ICAC
Grove City Police Department
Columbus Police Department
Grandview Heights Police Department
Westerville Police Department
Hilliard Police Department
Franklin County Prosecutor's Office
Homeland Security Investigations (HSI)
Ohio Attorney General’s Office (BCI)
The Ohio State University Police Department
Upper Arlington Police Department
Circleville Police Department
Pickaway County Sheriff’s Office
This case is being brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney's Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims.
U.S. Attorney Stewart commended the members of the ICAC Task Force for the cooperative investigation, and Assistant U.S. Attorney Heather A. Hill, who is representing the United States in this case.
Former Mount Vernon Police Officer Pleads Guilty to ExtortionRead the Press Release
COLUMBUS, Ohio – Matthew L. Dailey, age 45, of Howard, Ohio, pleaded guilty in U.S. District Court to Hobbs Act extortion under color of official right.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, David A. Grant, Acting Special Agent in Charge, Drug Enforcement Administration (DEA), Ohio Attorney General Mike DeWine and Mount Vernon Police Chief Roger A. Monroe, announced the plea entered into today before U.S. District Judge Algenon L. Marbley.
According to court documents, Dailey was employed as a Detective Sergeant with the Mount Vernon Police Department, who investigated general crimes, including narcotics crimes. In September of last year, Dailey asked an individual, who had served as an informant for Dailey for approximately seven years, to sell drugs for him.
Dailey provided the individual with marijuana, methamphetamine, bath salts, and ecstasy pills to sell and split the profits. A portion of the drugs were supplied from the Police Department’s property room, of which Dailey was the Evidence Custodian.
Investigators also observed Dailey meeting with a second individual, who sold Oxycodone pills to Dailey approximately five days a week for seven months.
Dailey was placed on administrative leave in September 2015. During an inventory of the property room thereafter, the Police Department discovered a kit used to teach drug awareness was missing crack and powder cocaine and ecstasy pills.
Dailey pleaded guilty on December 21, 2015. He also agreed to pay restitution to the Mount Vernon Police Department, forfeit weapons, and a ban on future employment in any law enforcement capacity.
Hobbs Act extortion under color of official right is a crime punishable by up to 20 years in prison.
U.S. Attorney Stewart commended the cooperative investigation by the FBI, DEA, Ohio Bureau of Criminal Investigation (BCI), and Mount Vernon Police Department, as well as Assistant United States Attorneys Jessica H. Kim and Douglas W. Squires, who are representing the United States in this case.
Former Deputy Pleads Guilty to Preparing Fraudulent Tax ReturnsRead the Press Release
Contact Person: T. DeWayne Pearson (803) 929-3000
Columbia, SC - United States Attorney Bill Nettles stated that former Richland County Sheriff’s Deputy Maribel Crespo, age 40, of Columbia, South Carolina, entered a guilty plea to presenting false claims to the United States in violation of Title 18, United States Code, Section 287. According to information presented during the plea hearing, Crespo prepared fraudulent tax returns for other former Richland County Sheriff’s Deputies by adding false and fictitious information to the returns. Crespo attached children’s information to the tax returns so that she could claim them as false dependents and artificially inflate the amount of the tax return. These children were typically citizen children of non-citizen Hispanics in the Columbia area. Crespo would facilitate the payment of part of the return to the parents of the dependent, some to herself and the remainder to the tax filer. Based on IRS calculations, Crespo caused $327,963 in loss to the Treasury based on her fraudulent returns.
Internal Revenue Special Agent in Charge Thomas J. Holloman III said, “IRS, Criminal Investigation takes seriously any attempts to steal taxpayer money through false claims for refunds; and certainly when those false claims are made by someone sworn to uphold the law.” Sentencing in the case has not yet been scheduled, but Crespo faces a maximum penalty of five years of imprisonment and a fine of $250,000. The case was investigated by Special Agents with the Internal Revenue Service (IRS) and the South Carolina Department of Revenue. The case was prosecuted by Assistant United States Attorney T. DeWayne Pearson of the Columbia office.
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Florida Man Convicted of Robbing Regions Bank in ColumbusRead the Press Release
Byron McCollum, age 68, of Lake Worth, Florida, was convicted, following a four-day jury trial, on March 3, 2016, for the June 2, 2015 armed robbery of Regions Bank on Veterans Parkway in Columbus, announced Acting U.S. Attorney G.F. Peterman, III. The Honorable Clay D. Land, United States District Court Judge presided over the trial in Columbus.
Testimony at trial revealed that Mr. McCollum and Michael Lee Hall entered the bank on June 2, 2015 wearing masks, hats and gloves and brandishing handguns. Mr. Hall walked into the bank’s lobby and ordered a female employee to the floor. Mr. McCollum approached the bank counter and ordered a female customer to the floor. He then displayed a handgun and demanded a bank teller open the door to allow him access behind the bank counter.
Once behind the counter, Mr. McCollum emptied currency from the cash drawers into a backpack. The pair then drove off in a red Chevrolet Camaro. Further testimony revealed that Mr. McCollum had stolen the red Chevrolet Camaro from Trophy Ford in Forsyth, Georgia prior to the bank robbery. While the pair was still in the bank parking lot, dye packs exploded inside the backpack covering the money with dye. They then abandoned the Camaro and drove from Columbus to Macon in Mr. McCollum’s gray Cadillac with Mr. Hall driving and Mr. McCollum lying in the backseat with the handgun ready in case they were stopped by law enforcement. He claimed that he would shoot the officer as he passed the back window of the vehicle should that happen.
Sentencing is scheduled for July 6, 2016 at 9:30 am in Columbus. Mr. McCollum is facing a maximum sentence of life imprisonment. In addition to the June 2015 bank robbery, Mr. McCollum committed a previous bank robbery in Columbus in 1985.
Michael Lee Hall pled guilty to bank robbery and possession of a firearm in furtherance of a crime of violence on August 3, 2015. He was sentenced by Judge Land to serve 234 months in prison on November 18, 2015 for his part in the crime. He was also ordered to pay restitution to Regions Bank. He also had a prior conviction for armed bank robbery in Columbus in 1994.
“I want to commend the officers from the local and Federal agencies who apprehended these two career bank robbers and the prosecutors whose efforts will bring those careers to an end,” stated Acting U.S. Attorney Peterman.
The case was investigated by the Federal Bureau of Investigation, the Columbus Police Department, Bibb County Sheriff’s Office, Monroe County Sheriff’s Office, Crawford County Sheriff’s Office and Pinellas County, Florida Sheriff’s Office. Assistant United States Attorney Melvin E. Hyde, Jr. and Assistant United States Attorney Crawford Seals prosecuted the case on behalf of the Government.
Inquiries regarding this case should be directed to Pamela Lightsey, United States Attorney’s Office at (478) 621-2603.
First of Seven Defendants Who Operated Illegal Online Pharmacy Sentenced to PrisonRead the Press Release
A registered nurse from Florida is the first person to be sentenced to prison in connection with the illegal operation of an online pharmacy that distributed narcotics across the country, announced U.S. Attorney Annette L. Hayes. ALI LOVINS, 44, of Cooper City, Florida is a registered nurse and was the office manager for Discount Pharmacy. Today LOVINS was sentenced to three years in prison, three years of supervised release, 200 hours of community service, and will forfeit $313,360 in drug proceeds. LOVINS pleaded guilty in April 2015 to four felony counts: conspiracy to distribute controlled substances by means of the internet; conspiracy to distribute controlled substances; conspiracy to launder money; and conspiracy to introduce misbranded drugs into interstate commerce. At the sentencing hearing U.S. District Judge Richard A. Jones noted LOVINS was part of a conspiracy that distributed more than a million tablets of narcotic drugs, but noted that unlike a street drug dealer “you don’t have to be in the dark alleys… you don’t have to look in the sunken eyes of an addict… and there was no danger of the drug deal going bad.” Judge Jones noted that prescription drug addiction contributes to the “epidemic of heroin abuse in this community.”
“As a registered nurse this defendant played a key role in the scheme,” said U.S. Attorney Annette L. Hayes. “She lied about the online business in order to keep the drugs flowing. As a nurse she knew the drugs she was selling were feeding addictions, destroying families and contributing to the opioid epidemic we are dealing with today.”
The internet pharmacy distributed drugs to some 200 customers in Washington State between 2009 and 2012. The pharmacy shipped hundreds of thousands of pills of hydrocodone, phentermine, alprazolam (Xanax) and codeine (Tylenol 4) to people across the country who did not have valid prescriptions for the narcotics. The conspiracy brought in more than $9 million in revenue from the sale of pills during the three year scheme. The pharmacy operated four internet sites through which they solicited customers and allowed customers in Washington State to order drugs. According to the indictment, the conspiracy would continue to refill prescriptions even if no valid prescription existed. In some instances the conspirators simply looked for a physician in the same geographic area as the customer, with a similar sounding name and filled the prescription using the physician’s DEA number without the physician’s knowledge. The pharmacy charged as much as ten times the usual price for the medications.
The conspirators laundered the proceeds of their sales through a brick-and-mortar pharmacy in Florida called Discount Pharmacy of Pines. In June 2012, the DEA seized the conspiracy’s websites, computers, and drug inventory.
“This individual blatantly abused her professional status as a registered nurse by facilitating the fraudulent and reckless prescription of highly addictive pharmaceuticals,” said DEA Special Agent in Charge Keith Weis.
All but one of the defendants who were indicted in May 2014 have pleaded guilty and are awaiting sentencing:
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The originator of the scheme, JUAN GALLINAL, 48, of Pembroke Pines, Florida is a former police officer from Virginia.He is scheduled for sentencing in October 2016.
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JORDAN TRUXELL, 26, of Davie, Florida served as the registered agent for Discount Pharmacy dba frontierpharmacies.com. He is scheduled for sentencing in May 6, 2016.
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THOMAS BROOKE, 54, of Cooper City, Florida was the bookkeeper for Discount Pharmacy. He is scheduled for sentencing on March 18, 2016.
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CRAIG GREER, 43, of Hollywood, Florida, a former police officer, worked to promote the internet pharmacy scheme. He is scheduled for sentencing on April 8, 2016.
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KEVIN KOGAN, 48, of Cedar Park, Texas, set up the websites and servers for the online pharmacy, and attempted to hide the conspiracies databases from investigators. He is scheduled for sentencing April 8, 2016.
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JERRY DELMAN, 83, of Miami, Florida, a pharmacist who ostensibly oversaw the prescriptions going out the door to customers is being evaluated for a medical condition that could impact his ability to participate in a trial.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved. The case was investigated by the Portland Tactical Diversion Squad which is comprised of the Drug Enforcement Administration (DEA) and the Portland Police Bureau. Substantial investigative assistance was provided by the Food and Drug and Administration (FDA) – Florida, and DEA Miami Field Division.
The case is being prosecuted by Assistant United States Attorneys Mike Lang, Francis Franze-Nakamura and Brian Werner.
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Final Defendant in Wentzville Pawn Store Burglarly SentencedRead the Press Release
St. Louis, MO – The final defendant involved in the October 16, 2014, theft of firearms from Allstar Pawn in Wentzville, Missouri, was sentenced earlier today. Eugene Davis, St. Louis City, was sentenced to 87 months in prison by United States District Judge Catherine D. Perry. Co-defendants Keenan Thomas and Brandon Foster were sentenced to 188 months and 144 months, respectively last fall.
According to statements made in court, Brandon Foster, Keenan Thomas and Eugene Davis broke into Allstar Pawn at 4:15 a.m. October 16th and stole 33 firearms -- 27 handguns and 6 rifles. On October 17, 2014, ATF attempted to arrest Foster and Thomas using three vehicles. Rather than backing out, Thomas drove forward on the grass, turning right in an attempt to elude the agents. He struck one of the ATF vehicles and then proceeded to back up almost striking an agent. After one shot was fired by an agent, Thomas stopped his car. Upon their arrest, agents recovered a Springfield Armory 9mm pistol equipped with an extended 33-round magazine on the floorboard directly under Foster. Foster admits the theft and possession of the 33 firearms from All Star and the purchasing of the ammunition and magazine from Cabela’s.
This was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant United States Attorney Tom Mehan handled the case for the U.S. Attorney’s Office.
Federal, State and Local Law Enforcement Agencies Announce Takedown of Marijuana and Cocaine DistributionRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, A.D. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Office, and Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office, (PBSO) announce the filing of federal charges against 9 defendants for their alleged participation in conspiracies to distribute controlled substances, specifically marijuana and cocaine, in and around Palm Beach County. The defendants have been charged in a single indictment in the matter of United States v. Herbert Grant, et. al., 16-CR-80030-Marra.
The federal indictment charges Herbert Grant, a/k/a “Earl Fleming,” a/k/a “Devon Breen,” a/k/a/ “Robert Breen,” a/k/a “Earl Flinn,” a/k/a “Dwayne,” 36, of Boynton Beach, Ricardo Simpson, a/k/a “Radio,” a/k/a “Ricky,” a/k/a “Tippa,” 39, of Boynton Beach, Gavin McLaren, 32, of West Palm Beach, Marvin Belton, a/k/a “Trinni,” a/k/a “Damian Henry,” 45, of Los Angeles, California, and Rohando Morris, a/k/a “Tampa Man,” 36, of Bradenton, for their alleged participation in a marijuana distribution conspiracy. The indictment also charges Grant, McLaren, Ricardo Mills, a/k/a “Tuggy,” 35, of Lauderhill, Lorenzo Walker, 34, of Royal Palm Beach, Erick Morgan, a/k/a “E,” 37, Riviera Beach, and Sheldon Ralph Turner, 34, of West Palm Beach for their alleged participation in a cocaine distribution conspiracy.
The indictment alleges that Grant, Simpson, McLaren, Belton, and Morris conspired to distribute marijuana from as early as July 2014 and continuing to March 2015, in Palm Beach County, in the Southern District of Florida, and other locations, and that Grant, McLaren, Mills, Walker, Morgan, and Turner conspired to distribute cocaine from as early as January of 2015 and continuing to April 28, 2015, in Palm Beach County and other locations, both conspiracies were committed in violation of Title 21, United States Code, Sections 841(a)(1) and 846.
In addition to the conspiracy charges, a number of defendants were also indicted for possession with intent to distribute marijuana, in various amounts, up to 100 kilograms or more, and cocaine, in various amounts, up to five hundred grams or more, in violation of Title 21, United States Code, Section 841(a)(1).
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Herbert Grant was charged with possession with intent to distribute less than fifty kilograms of marijuana on October 25, December 8, and December 8-10 of 2014, and 50 kilograms or more of marijuana on December 7, 2014. Grant was also charged with possession with intent to distribute 500 grams or more of cocaine on February 25, 2015, and less than 500 grams of cocaine on March 3, 2015 and April 28, 2015.
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Rohando Morris was charged with possession with intent to distribute 50 kilograms or more of marijuana on December 7, 2014.
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Ricardo Simpson was charged with possession with intent to distribute 50 kilograms or more of marijuana on December 7, 2014, and less than 50 kilograms of marijuana on December 8, 2014.
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Gavin McLaren was charged with attempted possession with intent to distribute 50 kilograms or more of marijuana on December 7, 2015. McLaren was also charged with possession with intent to distribute 500 grams or more of cocaine on February 25, 2015.
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Marvin Belton was charged with possession with intent to distribute marijuana from December 8, 2014 through December 10, 2014.
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Sheldon Ralph Turner was charged with possession with intent to distribute 500 grams or more of cocaine on February 25, 2015.
During the course of the investigation, law enforcement seized a significant amount of marijuana and cocaine.
This case was the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
The federal indictment is being prosecuted by Assistant U.S. Attorney Brandy Brentari Galler.
If convicted in federal court, the defendants face the following possible statutory sentences: a mandatory minimum of five years and up to forty years in prison for the conspiracy to distribute more than 100 kilograms of marijuana and/or 500 grams or more of cocaine; twenty years in prison for the conspiracy to distribute and/or possession with intent to distribute 50 kilograms or more of marijuana and/or less than 500 grams of cocaine; and up to five years in prison for the conspiracy to distribute and/or possession with intent to distribute less than 50 kilograms of marijuana.
Mr. Ferrer commended the collaborative efforts of the OCDETF law enforcement agencies that assisted with this multi-faceted investigation, including the DEA, Palm Beach County Sheriff’s Office Narcotics Task Force and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI).
An indictment is only an accusation and a defendant is presumed innocent unless and until proven guilty.
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
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Federal Jury Convicts Dallas Anesthesiologist on Health Care Fraud Offenses Involving Approximately $10 Million in Fraudulent BillingsRead the Press Release
DALLAS — Following a four-day trial before U.S. District Judge Reed C. O’Connor and approximately three hours of deliberation, a federal jury has convicted Dr. Richard Ferdinand Toussaint, Jr., a licensed anesthesiologist, on all counts of a superseding indictment charging seven counts of health care fraud, announced U.S. Attorney John Parker of the Northern District of Texas.
Toussaint faces a maximum statutory penalty of 10 years in federal prison and a $250,000 fine on each of the seven counts; a sentencing date was not set. Restitution is also mandatory under the law. In addition, the indictment includes a forfeiture allegation that would require Toussaint to forfeit any property, real or personal, derived from proceeds traceable to the offense.
Toussaint, 58, provided anesthesia services personally and through a company he founded, Ascendant Anesthesia. From approximately 2009-2010, Toussaint practiced medicine at several Dallas hospitals, including Forest Park Medical Center located on North Central Expressway and Doctors Hospital at White Rock Lake, located on North Buckner Boulevard. Toussaint founded and held a substantial ownership interest in Forest Park Medical Center.
The government presented evidence that during this time, Toussaint ran a scheme to defraud Blue Cross Blue Shield of Texas (BCBS), United Healthcare (UHC), the Federal Employees Health Benefits Program (FEHBP), Aetna, Cigna, Humana and others by submitting, or causing to be submitted, false and fraudulent claims for personally performing medical direction of anesthesia services for certified registered nurse anesthetists (CRNAs). Toussaint falsely represented he was “present for” these services when: 1) he was under anesthesia undergoing surgery himself; 2) he was flying on his private jet; 3) he was in another state; and 4) he was at another hospital several miles away. For example, Toussaint submitted or caused to be submitted several claims representing he was present for and medically directing six patients at two different hospitals and was medically directing two patients while under anesthesia himself.
In addition, the government presented evidence that Toussaint also inflated the amount of time the procedures took and pre-signed patients’ medical records representing the services were provided before the procedures even took place. In addition to personally creating false medical records and inflating anesthesia procedure time, Toussaint directed others to do the same, representing he was present for procedures when he knew he was not.
As part of his approximate 18-month-long fraud scheme, according to the government, Toussaint fraudulently billed health care benefit programs approximately $10 million.
The case was investigated by the FBI, the U.S. Department of Labor OIG, the U.S. Department of Labor Employee Benefits Security Administration, the U.S. Postal Service OIG, the U.S. Department of Defense, OIG, Defense Criminal Investigative Service, the U.S. Office of Personnel Management OIG, the U.S. Department of Health and Human Services, the Food and Drug Administration, and Internal Revenue Service Criminal Investigation Unit. Assistant U.S. Attorneys Andrew Wirmani and Kate Pfeifle prosecuted the case. Assistant U.S. Attorney Mark Tindall is handling the forfeiture issues.
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El Paso Man Sentenced to 20 Years in Federal Prison for Receipt and Distribution of Child PornographyRead the Press Release
In El Paso today, 35-year-old David Aaron Diaz was sentenced to 20 years in federal prison for receipt and distribution of child pornography announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
In addition to the prison term, Senior United States District Judge David Briones ordered that Diaz be placed on supervised release for ten years after completing his prison term.
On September 15, 2015, Diaz pleaded guilty to one count of receipt and distribution of child pornography. By pleading guilty, Diaz admitted that he received and was in possession of pictures containing images of the sexual exploitation of children. Diaz had over 130,000 files containing child pornography in his possession.
Diaz has remained in federal custody since his arrest by HSI agents on April 10, 2015.
"This sentence serves as a reminder of the gravity of this crime," said Waldemar Rodriguez, Special Agent in Charge of HSI - El Paso. "It’s also a testament to the dedicated HSI special agents who aggressively investigate these pedophiles, bring them out of the shadows, and ensure they receive the punishment they deserve.”
This case was investigated by the Immigration & Customs Enforcement (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Ian Hanna prosecuted this case on behalf of the government.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Drug Trafficker Sentenced to 15 Years PrisonRead 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 Kenneth Harper, a/k/a Frenchy, a/k/a Pudge, 34, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute 28 grams or more of crack cocaine, and possession of firearms in furtherance of a drug trafficking crime, was sentenced to 15 years prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Harper was identified during a long term wiretap investigation targeting a Rochester-based drug-trafficking organization which obtained kilogram quantities cocaine from Brooklyn, NY. The cocaine was transported to Rochester where it was processed, re-packaged, and distributed in various quantities of both powder and crack cocaine through multiple distributors in the Greater Rochester area, including Harper.
Harper was arrested February 9, 2015 at 418 Lyell Avenue with Robert Wilson, a/k/a Bose, during the execution of a search warrant at that location. Officers also executed a search warrant at 295 Smith Street, another location used by Harper to traffic cocaine. Between the two locations, officers seized 29 bags of crack cocaine packaged for street sale, marijuana, a stolen Smith & Wesson, .357 caliber handgun loaded with five rounds of live ammunition, over $3,000 in U.S. currency, multiple cell phones, and paraphernalia for the packaging, processing, and distribution of cocaine such as beakers, digital scales, plate, strainer, sandwich bags, and baking soda.
On February 9 and 10, 2015, officers executed numerous additional search warrants in Rochester and in Brooklyn, and arrested Edward Mighty, Seymour Brown, Andre Taylor, a/k/a Stamma, Ricardo Bailey, a/k/a Diji, Desmond Bice, a/k/a Dez, and Christopher Samuels, a/k/a Cutty, all of Rochester, and Winifredo Gonzales, of Brooklyn. Desmond Bice is the only defendant who has not been convicted and still has charges pending. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the New York State Police, under the direction of Major Craig Hanesworth, the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Monroe County District Attorney's Office, under the direction of Sandra Doorley.
Doctor Who Falsely Diagnosed Hundreds of Patients as Part of a Medicare Fraud Scheme Pleads GuiltyRead the Press Release
Dr. Isaac Kojo Anakwah Thompson, 57, of Delray Beach, pled guilty to one count of health care fraud.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Assistant Attorney General William J. Baer, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), made the announcement.
“The Medicare system relies on our nation’s doctors to diagnose and treat our Medicare beneficiaries,” stated U.S. Attorney Ferrer. “When doctors intentionally misdiagnose their patients for personal gain, they betray the trust of the Medicare system and the patients themselves. This case demonstrates our commitment to the investigation and prosecution of Medicare fraud, in all its varieties and against all groups of offenders.”
“Instead of using the Medicare Advantage program for its intended purpose, Isaac Kojo Anakwah Thompson, a medical doctor, sought to enrich himself by defrauding Medicare of millions of dollars through the submission of false diagnoses for hundreds of patients,” said Michael A. D’Alonzo, Assistant Special Agent in Charge, FBI Miami. “The FBI will not relent in its pursuit of Medicare fraudsters – including greedy doctors.”
“When physicians cheat Medicare by misrepresenting the medical conditions of their patients, our agents will work with our law enforcement partners to hold these individuals accountable for their deceptive schemes,” said Special Agent in Charge Shimon R. Richmond, HHS Office of Inspector General.
According to the court record, including facts admitted during the plea hearing, Dr. Thompson engaged in a scheme to defraud the Medicare Advantage program, a voluntary system which allows Medicare beneficiaries to enroll in health insurance plans sponsored by private insurance companies. For each beneficiary who chooses to enroll in a Medicare Advantage plan, Medicare pays the sponsoring insurance company a fixed, or capitated, monthly fee. Medicare does not adjust the fee based on the cost of providing medical care to the beneficiary. Instead, Medicare adjusts the fee based on the beneficiary's medical conditions. As a result, Medicare generally pays a larger capitated fee for a beneficiary with more serious medical conditions than it does for a healthier beneficiary. Medicare determines a beneficiary's medical conditions in part using diagnoses submitted by the beneficiary's Medicare Advantage plan physician.
Dr. Thompson’s fraudulent conduct involved certain Medicare Advantage plans sponsored by Humana, Inc. These Humana plans operated as health maintenance organizations (HMOs) and each enrolled beneficiary selected a primary care physician (PCP) enrolled in Humana’s network. Before seeing a specialist, the beneficiary generally needed a referral from his or her PCP. Dr. Thompson was an internist who operated a medical clinic in Delray Beach and was a PCP in Humana’s HMO network. As such, a beneficiary enrolled in a Humana HMO Medicare Advantage plan could choose Dr. Thompson as the beneficiary’s PCP. Humana paid Dr. Thompson approximately 80% of the capitated fee for each beneficiary who had selected the defendant as his or her PCP.
Between 2006 and 2010, Dr. Thompson defrauded Medicare by diagnosing 387 Medicare Advantage beneficiaries with ankylosing spondylitis, a rare chronic inflammatory disease of the spine. Dr. Thompson reported these diagnoses to Humana, which in turn reported them to Medicare. As a result, Medicare paid approximately $2.1 million in excess capitation fees, approximately 80% of which went to the defendant. All or almost all of these ankylosing spondylitis diagnoses were false because in fact, the patients did not have the condition. Because the diagnoses were false, the defendant did not have any corresponding increase in his cost to treat the patients.
Sentencing is scheduled for May 18, 2016. At sentencing, the Dr. Thompson faces a maximum possible statutory sentence of 10 years in prison.
Mr. Ferrer and Mr. Baer commended the investigative efforts of the FBI and HHS-OIG. This case is being prosecuted by Assistant U.S. Attorney Marc Osborne and Trial Attorney Paul Gallagher, United States Department of Justice, Antitrust Division.
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.
District Man Sentenced to 10-Year Prison Term for Shootings That Targeted Two Off-Duty Metropolitan Police OfficersRead the Press Release
WASHINGTON –Romeo T. Hayes, 29, of Washington, D.C., was sentenced today to 10 years in prison on charges stemming from the Aug. 13, 2014 shooting of Metropolitan Police Department (MPD) Detective Thurman Stallings, and the attempted shooting of MPD Officer Shaquinta Gaines, both of whom were off-duty at the time. His brother, Ronald J. Hayes, Jr., also known as “Rocky,” 21, also of Washington, D.C., was sentenced to 16 months of incarceration for related offenses. The sentences were announced by U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Under what is known as the Alford doctrine, Romeo Hayes pled guilty on Nov. 4, 2015, in the Superior Court of the District of Columbia to eight felonies and one misdemeanor. Specifically, he pled guilty to one count of assault with intent to kill stemming from the shooting of Detective Stallings; one count of possession of a firearm during a crime of violence; one count of assault with a dangerous weapon (gun) stemming from the attempted shooting of Officer Gaines; one count of unauthorized use of a motor vehicle during or to facilitate a crime of violence; three counts of felony destruction of property; one count of fleeing from a law enforcement officer, and one count of misdemeanor destruction of property. Under an Alford plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. His guilty plea, which was subject to the Court’s approval, called for a 10-year prison sentence. The Honorable Jennifer Anderson accepted the plea today. Following his prison term, Romeo Hayes will be placed on three years of supervised release.
Ronald Hayes, Jr., who otherwise is serving a 12-year sentence for two counts of vehicular manslaughter in Prince George’s County, Md., pled guilty to one count of tampering with physical evidence, a felony. In accepting his guilty plea and the plea agreement on which it was based, Judge Anderson sentenced Ronald. Hayes, Jr. to 16 months in prison followed by three years of supervised release, to be run concurrently with the sentence he is presently serving in Prince George’s County. Ronald Hayes, Jr., has a projected long-term release date in Maryland in 2025. If he seeks early parole in Maryland, the guilty plea and sentencing in the District of Columbia could be used to argue for his continued detention.
“The sentencing in this case holds Romeo Hayes accountable for shooting at two off-duty police officers, taking them by surprise while they were driving in their privately owned vehicles on major streets in Southeast Washington,” said U.S. Attorney Phillips. “It is fortunate that Detective Stallings, who was shot four times, was not more seriously wounded and that Officer Gaines somehow escaped injury. The sentencing also holds Ronald Hayes, Jr. accountable for his efforts to conceal his brother’s involvement in these senseless but serious and violent crimes.”
According to the government’s evidence, on Tuesday night, Aug. 12, 2014, Romeo Hayes and Ronald Hayes, Jr., together with several other individuals, were at a home in Glenarden, Md. Romeo Hayes was consuming tequila and also taking drugs known as “Mollies,” a toxic mixture of laboratory-created or synthetic chemicals that stimulates the central nervous system and causes euphoric highs similar to those created by ecstasy.
At some point, Romeo Hayes indicated that he wanted to go to a nightclub known as the Opera Ultra Lounge, in the 1400 block of I Street NW. Accordingly, in the early morning hours of Aug. 13, 2014, Romeo Hayes and another individual left the home to head to the nightclub. Romeo Hayes drove there in a red 2013 Nissan Altima that he knew recently had been stolen from a rental car agency at Ronald Reagan National Airport. Video footage from the nightclub captured Romeo Hayes and his companion entering the nightclub at about 12:50 a.m.
Video footage also captured Romeo Hayes and his companion leaving the Opera nightclub at approximately 2:24 a.m. Because Romeo Hayes had been drinking alcohol, and had consumed drugs known as “Mollies,” as well as some marijuana, the individual who was with Romeo Hayes obtained the car keys to the stolen red 2013 Nissan Altima and assumed the role as driver. Romeo Hayes sat in the front passenger seat. Romeo Hayes had a black Glock 17 9mm semi-automatic pistol with an extended magazine in the stolen red 2013 Nissan Altima.
The individual who was with Romeo Hayes started to drive back to the house in Glenarden, Md. As the individual drove outbound on Suitland Parkway in Southeast Washington, in the right lane, just before the exit for Alabama Avenue SE, at about 2:47 a.m., Romeo Hayes fired two or three gunshots from the window adjacent to the front passenger seat. The gunshots were directed at a white Nissan Maxima occupied by Officer Gaines, who was in the left lane and who was off-duty at the time and driving home. One of the bullets fired by Romeo Hayes struck the white Nissan Maxima, causing substantial damage to the car.
Thereafter, with Officer Gaines following behind, the individual who was with Romeo Hayes sped off and drove to Southern Avenue, where – in the left lane – he came to a stop light at the intersection of Southern and Pennsylvania Avenues SE. In the right lane, also at the stop light, was Detective Stallings, who was alone in a GMC Yukon Denali, and who was off-duty but on his way to work. From the front passenger seat, Romeo Hayes fired multiple gunshots at Detective Stallings, striking him with a bullet in the left forearm and inflicting significant damage to the driver-side of the GMC Yukon Denali.
Wounded, Detective Stallings rammed the red 2013 Nissan Altima in an effort to disable it and to prevent the shooter and any other occupants from escaping. When that occurred, the stolen red Nissan Altima pivoted in front of the GMC Yukon Denali. Romeo Hayes fired an additional volley of shots at Detective Stallings, striking him three additional times in the chest and shoulder area, and also damaging the windshield behind which he sat.
At the urging of Romeo Hayes, the individual who was with him managed to drive off. He turned left off of Southern Avenue onto Massachusetts Avenue. There, in the 4200 block of Massachusetts Avenue SE, just off of Southern Avenue SE, Romeo Hayes again began to shoot at the white Nissan Maxima occupied by off-duty Officer Gaines, who had been following them, who had reported the license tag number for the stolen red Nissan Altima to a 9-1-1 call-taker, and who had witnessed the collision between the Altima and the GMC Yukon Denali at the intersection of Southern and Pennsylvania Avenues SE.
After this third and last shooting, the individual who was with Romeo Hayes drove rapidly back to the house in Glenarden. He parked near that residence and ran inside, followed by Romeo Hayes. Inside the residence were Ronald Hayes, Jr., and several other individuals. The individual who was with Romeo Hayes quietly told Ronald Hayes, Jr., about the shootings, and expressed concern that Romeo Hayes fired gunshots for no apparent reason and may have killed someone. He also gave Ronald Hayes, Jr., the keys to the red 2013 Nissan Altima
Romeo Hayes gave the Glock 17 9mm pistol with the extended magazine to his brother, who quickly concealed – and later hid – the gun. Romeo Hayes and Ronald Hayes, Jr., then began to argue. Their voices were elevated and firm. Ronald Hayes, Jr., demanded to know exactly what Romeo Hayes had done, and why. For his part, Romeo Hayes demanded the car keys for the stolen red 2013 Nissan Altima. Romeo Hayes said he wanted to purchase some gasoline and “blow the car up,” to degrade and devalue it as evidence. Following several minutes of loud argument, Romeo Hayes obtained the car keys from his brother.
Romeo Hayes then left and ran back to the stolen red 2013 Nissan Altima, which had suffered significant damage on the passenger side when it was rammed by the GMC Yukon Denali driven by Detective Stallings. Romeo Hayes drove off, and soon was spotted and followed by the police. Multiple police units, including MPD officers, Prince George’s County Police Department officers, and a United States Park Police helicopter, were involved in the pursuit of the stolen red Nissan Altima. Romeo Hayes drove at a high rate of speed, and attempted to elude the police during this pursuit.
The pursuit came to an end in the 5500 block of Hunt Place NE, between 3:45 a.m. and 4 a.m., where Romeo Hayes ultimately was arrested. He has been in custody ever since. Ronald Hayes, Jr., was added as a defendant when the indictment was returned on May 12, 2015. He was arrested that same night.
In announcing the acceptance of the guilty pleas and the sentences, U.S. Attorney Phillips commended the work of the detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and the Sixth and Seventh Police Districts of the Metropolitan Police Department. He also commended the work of the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Prince George’s County Police Department, and the helicopter unit of the U.S. Park Police. As well, U.S. Attorney Phillips expressed appreciation of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigators Derek Starliper, Durand Odom, and Mark Crawford; Paralegal Specialist Debra Joyner; Investigative Analysts Shannon Alexis and Zachary McMenamin; Shawn Slade and Juanita Harris, of the Victim/Witness Assistance Unit, and Assistant U.S. Attorney Jocelyn Ballantine, Karen P. Seifert, John Marston, Lindsey Merikas, and Jessica Brooks. Finally, U.S. Attorney Phillips praised the work of Assistant U.S. Attorney Michael D. Brittin, who investigated and prosecuted the case.
Department of Justice Statement on Immigration ProceedingsRead the Press Release
Department of Justice Spokesman Kevin Lewis released the following statement on the department’s measures to increases access to counsel for individuals facing removal proceedings in immigration court:
“As the Justice Department works to safeguard American security, we are equally committed to upholding American values, including the protection of vulnerable populations.
“The Department of Justice recognizes that immigration court proceedings are more effective and efficient when individuals are represented. To that end, the department has taken a number of measures to increase access to counsel for individuals facing removal proceedings, and children in particular. For example, in 2014 the Justice Department and the Corporation for National and Community Service (CNCS) announced justice AmeriCorps, a strategic partnership, now in its second year, to enhance the effective and efficient adjudication of immigration proceedings involving certain unaccompanied children.
“The Administration continues to urge Congress to help improve the efficiency of our immigration court system by supporting needed Immigration Judge Teams and Board of Immigration Appeals attorneys, by supporting the successful Legal Orientation Program, and by supporting legal representation for unaccompanied children.
“The Assistant Chief Immigration Judge was speaking in a personal capacity when he made that statement. The assistant chief judge’s statement does not necessarily represent the views of the Department of Justice.”
Decatur County Woman Sentenced for Lucrative Mail Fraud SchemeRead the Press Release
Jackson, TN – A Decatur County woman has been sentenced to federal prison for maintaining a mail fraud scheme that defrauded a company of more than $770,000. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the sentence today.
According to information presented in court, 50-year-old Vickie McBride, of Decatur County, Tennessee, was an office manager of Buck Building Supply, Inc. The business had locations in two Tennessee counties – Decatur and Henderson.
In 2007, McBride devised a scheme to steal funds from Buck Building Supply by accepting cash payments made on customers’ accounts, showing the payments as store credits in the company’s computer accounting software. The United States Postal Service was used to accept customers’ payments. McBride used the money for personal expenses.
McBride continued her scheme until 2014, when the business’ owners discovered the fraud. Over a seven-year-plus period, McBride stole more than $770,000 from the company.
In October 2015, McBride pled guilty to one count of mail fraud before Chief U.S. District Judge J. Daniel Breen.
On Tuesday, March 1, 2016, Judge Breen sentenced McBride to 27 months incarceration. She was also ordered to pay $770,829.22 in restitution.
This case was investigated by the Tennessee Bureau of Investigation (TBI) and the United States Postal Inspectors Service.
Assistant U.S. Attorney Matthew Wilson prosecuted this case on the government’s behalf.
Debt Collection Agency Owner Indicted on 41 Charges; Accused of Bilking Thousands of Victims Out of Hundreds of Thousands of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a 41 count indictment charging Alan Ceccarelli, 30, of Buffalo, NY, with wire fraud, conspiracy to commit wire fraud, aggravated identity theft, and distribution of alprazolam and buprenorphine. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Maura O’Donnell, who is handling the case, stated that according to the indictment, Ceccarelli was the owner and managing member of a debt collection business known by multiple names including G&B Check Services, Check & Arbitration Services, Dudley & Associates, National Check Services, Regional Mediation, Regional ACH Services, Franklin & Ruggiero, and ACH Regional Debt & Recovery Services. The defendant used a variety of aliases including Steve Jantrowski, Daniel Hamilton, Scott Richmond, Seth Galbert, Matthew Pacifico, Joshua Gable, Raymond Foy, Robert Header, Kyle Thill, William Starnes, Robert Laroski, Andre Spencer, and Sean Wagoner.
The indictment further states that between January 2013 and January 2016, Ceccarelli routinely tricked and coerced thousands of victims throughout the United States into paying debts whether or not the debts were actually owed. The defendant and collectors working for him caused victims to send money in various ways including credit and debit card payments, and prepaid debit cards such as Western Union. The indictment alleges that Ceccarelli’s company collected approximately $1,022,000 during the course of the scheme. Some of the money was paid to “collectors” working for the defendant.
In order to coerce victims into paying the purported debts, “collectors” falsely told victims:
• The Company was affiliated with local government and law enforcement agencies; • The victims had committed criminal acts, and if they did not pay the debt immediately, warrants or other process would be issued, at which point they would be arrested or summoned to court; • The Company was a law firm or mediation firm and/or that the Company's employees were working with lawyers, a law firm, mediators, or arbitrators; • A civil lawsuit would be filed, or was pending, against the victims for failing to pay their debts; and
• The caller was physically located in the vicinity of the victim’s home or place of business, and would be coming to the home or office imminently to serve the victim with process if the victim did not immediately make payment arrangements.
As part of the scheme, the company utilized a technique known as “spoofing” which made it appear to victims that telephone calls originated from police departments, government offices, and attorney offices located within the geographical vicinity of the victim. In addition, the defendant frequently collected debts that the company did not actually own or have the right to collect. As a result, when a victim made a payment to the company or to Ceccarelli, the payment did not satisfy any debt actually owed by the victim.Ceccarelli obtained what is known as preview lists from debt brokers. These lists are not intended by the brokers to be used to collect debts, but rather to determine whether a collection agency wants to purchase a particular debt portfolio. The defendant kept the lists and used commercial databases to find and fill in the missing data from the lists, such as social security numbers, dates of birth, telephone numbers, and other personal information.
According to the indictment, the defendant also preyed upon individuals who had filed bankruptcy in an attempt to collect on debts owed by those individuals. Ceccarelli utilized “spoofing” techniques making it appear to victims that calls were originating from the office of the victim’s bankruptcy attorney. The defendant or his collectors told victims:
• The caller was a representative of the office of the victim’s bankruptcy attorney or an associate of that attorney; • The victim had an outstanding debt which had not been included in their bankruptcy filing; • As a result, the victim would be subject to criminal charges and/or have a warrant issued for his or her arrest if they did not pay the debt or make arrangements to pay the debt immediately; and
• The victim could satisfy the outstanding debt by making an immediate payment in accordance with the instructions given.It is also alleged in the indictment that the defendant distributed alprazolam, a Schedule IV substance, and buprenorphine, a Schedule III substance.
The defendant was arraigned this morning before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained pending a detention hearing on March 14, 2016 at 2:00 p.m.
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Columbus Gang Member Pleads Guilty to Rico ConspiracyRead the Press Release
COLUMBUS, Ohio – Robert Wilson III, 27, of Columbus, Ohio, pleaded guilty to one count of racketeering conspiracy in connection with a case involving the organized criminal enterprise known as the Short North Posse.
As part of his plea, Wilson is taking responsibility for three previously unsolved murders. He is also admitting his involvement in a fourth murder to which already pled guilty in state court. The three previously unsolved murders include the death of Donathan Moon on April 16, 2007, Rodriccos Williams on November 3, 2007 and Tyrell Davis on April 25, 2008.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), David A. Grant, Acting Special Agent in Charge, Drug Enforcement Administration (DEA), Donald J. Sorrano, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Franklin County Prosecutor Ron O’Brien, and Columbus Police Chief Kim Jacobs, announced the guilty plea entered into today before U.S. District Judge Algenon L. Marbley.
Wilson was charged by a superseding indictment in October 2014. A total of 20 individuals were indicted in the racketeering case, with charges that include murders, attempted murders, drug trafficking, weapons offenses, extortion and robbery.
The parties involved have agreed to a sentencing range of 30 to 45 years in prison, which will be determined by the court at a sentencing hearing.
U.S. Attorney Stewart commended the two-year long investigation by federal, state and local law enforcement agencies, including the FBI, DEA, ATF, Columbus Police, Franklin County Sheriff Zach Scott’s Office, Franklin County Prosecutor Ron O’Brien’s Office, Fairfield County Prosecutor Gregg Marx, Licking County Prosecutor Kenneth Oswalt, Muskingum County Prosecutor D. Michael Haddox, Ross County Prosecutor Matthew S. Schmidt, law enforcement leaders from those counties, and officials of the Ohio Department of Rehabilitation and Correction, as well as Assistant U.S. Attorneys David DeVillers, Kevin Kelley and Brian Martinez and Special Assistant U.S. Attorney Jimmy Lowe with Franklin County Prosecutor O’Brien’s Office, who are prosecuting the case.
Colorado Tax Return Preparer Incarcerated Until He Complies with Permanent InjunctionRead the Press Release
A federal judge in Colorado has ordered a tax return preparer to be held in custody until he closes his tax preparation business. At the conclusion of a hearing today, Senior District Court Judge John L. Kane for the District of Colorado found Gerardo Herrera in contempt for violating an earlier order that permanently barred him from the tax preparation business and immediately remanded him to the U.S. Marshal’s Service.
The United States filed a complaint on Sept. 1, 2015, alleging that for at least three years, Herrera and his firm had systematically and repeatedly submitted false income tax returns by reporting extra dependents, claiming bogus deductions, and using improper tactics to understate tax liability. On Jan. 7, Judge Kane issued an order of permanent injunction against Herrera prohibiting him from preparing tax returns.
The injunction also directed Herrera to provide a list of his customers to the United States, notify his customers of the injunction and file a sworn statement attesting that he had complied within 45 days of the injunction. The United States asked the court to hold Herrera in contempt for his failure to comply with these provisions and alleged that he continued to operate two tax preparation offices and/or assist others in operating the offices. After hearing testimony from two Internal Revenue Service (IRS) witnesses who had visited Herrera’s offices, Judge Kane found Herrera in contempt and ordered that he be held in custody until he purges his contempt by, among other things, notifying all his prior customers of the permanent injunction, providing a list of his customers to the United States, surrendering his Preparer Tax Identification Number (PTIN) and posting a copy of the injunction in his place of business.
Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division thanks the revenue agents and revenue officers for their assistance in this civil case.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2016. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Clinton County Man Pleads Guilty to Child Pornography OffensesRead the Press Release
Miguel Angel Vasquez Torres, 34, from Beckemeyer, Illinois, plead guilty on March 1, 2016, in the United States District Court to a three-count indictment charging him with Production of Child Pornography, Distribution of Child Pornography and Receipt of Child Pornography, Acting United States Attorney James L. Porter announced today. Vasquez Torres has been in custody since he was arrested on these charges on August 25, 2015. Sentencing has been set for June 28, 2016.
Documents filed in the U.S. District Court establish that in May 2015, the Federal Bureau of Investigation received information from the National Center for Missing and Exploited Children (NCMEC) CyberTipline regarding an individual who was uploading child pornography to a Photobucket.com cloud storage account. A search of the Photobucket account revealed that the account belonged to Miguel Angel Vasquez Torres and that it contained numerous video and image files containing child pornography. During a subsequent search of Vasquez Torres’ residence, law enforcement officers seized two cellular telephones and numerous other items of computer media.
During an interview with law enforcement officers, Vasquez Torres admitted to downloading and distributing video files containing child pornography. He also admitted that he had repeatedly sexually abused a minor over the course of several years and that he had photographed his acts of sexual abuse of the minor victim. A forensic examination of Vasquez Torres’ iPhone 5 revealed approximately 22 video files containing child pornography that he had distributed and received using an internet-based messaging system. The forensic examination of his Samsung Galaxy revealed approximately 440 images which depict Vasquez Torres’ sexual abuse of the minor victim.
Vasquez Torres faces a prison term of not less than fifteen (15) years up to life, a fine up to $250,000, and a term of supervised release of not less than five (5) years up to life for the charge of Production of Child Pornography. On the charges of Distribution and Receipt of Child Pornography, Vasquez Torres faces a term of imprisonment of not less than five (5) years up to twenty (20) years, a fine up to $250,000, and a term of supervised release of not less than five (5) years up to life on each count.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 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."
This investigation was conducted by the Madison County Sheriff’s Department, the Federal Bureau of Investigation’s Metro East Cyber Crimes and Analysis Task Force, and the Clinton County Sheriff’s Department. The case is assigned to Assistant United States Attorney Ali Summers for prosecution.
Child Pornography Charges Result in Prison TermRead the Press Release
PHILADELPHIA – Jose Dany Zacarias-Jaramillo, 29, residing in Philadelphia, PA, was sentenced today to 108 months in prison for two counts of distribution of child pornography, two counts of receipt of child pornography, and one count of possession of child pornography. Zacarias-Jaramillo pleaded guilty to the charges on April 9, 2015. In addition to the prison term, U.S. District Court Judge Juan R. Sanchez ordered $7,000 restitution, a $500 special assessment, and 10 years of supervised release.
Between November 9, 2013, and May 21, 2014, the National Center for Missing and Exploited Children (NCMEC) sent numerous leads to Homeland Security Investigations (HSI) regarding images containing children engaging in explicit sexual conduct sent and uploaded from several email addresses that were accessed from a common IP address. That IP address was located in a restaurant where Zacarias-Jaramillo worked as a cook. HSI agents ultimately determined that the subscriber for the email addresses was Zacarias-Jaramillo, who was accessing the internet using his cell phone while at the restaurant. An evaluation of the email accounts and searches at the defendant’s home revealed more than 100,000 images and several videos of child pornography.
The case was investigated by Homeland Security Investigations and was prosecuted by Special Assistant United States Attorney Josh Davison.
Chelmsford Financial Planner Convicted of Attempted Murder-For-Hire of State TrooperRead the Press Release
BOSTON – Following a five-day trial, a federal jury in Boston convicted a financial planner of attempting to hire an individual to murder a Massachusetts State Police Trooper and another individual who were witnesses in his state trial.
Andrew S. Gordon, 53, of Chelmsford, Mass., was convicted of five counts of using the mail or the telephone with the intent that a murder-for-hire be committed. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for May 20, 2016.
In 2014, Gordon was incarcerated at the Middlesex County House of Correction awaiting trial on state charges for attempting to hire a “hit man” to kill his estranged wife. The “hit man,” was actually an undercover Massachusetts State Police Trooper. After being arrested, Gordon learned that the “ hit man” was an undercover officer and so he hatched a plot to have that officer and a second Massachusetts man, who was to be a second witness against him, killed. Gordon hired a man he believed to be a gang member living in New Hampshire to kill the two witnesses, agreeing to pay $10,000 for the Trooper and $5,000 for the other witness. Through mail and phone calls, Gordon instructed the “gang member” that both deaths should appear as accidents. In actuality, Gordon was communicating with a second undercover law enforcement officer.
The federal charges provide for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000 on each count. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Middlesex District Attorney Marian Ryan; and Middlesex Sheriff Peter J. Koutoujian, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys David G. Tobin and Rachel Hemani of Ortiz’s Major Criminal Division.
Cheektowaga Man Arrested on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney William J. Hochul, Jr. announced today that Raymond Crum, 61, of Cheektowaga, NY, were arrested and charged by criminal complaint with production, receipt and possession of child pornography. The charges carry
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on January 8, 2015, the Bardstown Middle School contacted the Bardstown, Kentucky Police Department regarding a student (victim 1). Following interviews with victim 1, it was determined that an adult male by the name of “Ray” had been corresponding with victim 1 through internet chats, telephone, and electronic mail in an effort to establish a Dominance and Submission relationship. Victim 1 told police that she began communicating with “Ray” in October 2014 when victim 1 was 12 years old. The communication continued until police seized her telephone and electronic tablet. Victim 1 told police they met on the internet but eventually started talking on the telephone. In June 2015, victim 1 identified Crum in a police photo array.
The defendant and victim 1 communicated primarily on the social media application Kik. Victim 1 told police Crum sent her “dirty” and “inappropriate” messages. Victim 1 eventually sent the defendant live pictures through Kik but they did not contain nudity. Victim 1 did send digital images to Crum with and without clothes on.
On August 5, 2015, officers executed a search warrant at Crum’s residence and seized multiple items including a Hewlett Packard Mini Notebook. A forensic examination of the Notebook uncovered additional child victims including a 15 year old identified as victim 2. On February 18, 2016, victim 2 told police she began communicating with the defendant on Kik in February 2015 and did so until August 2015. Victim 2 sent naked photos to Crum at his request.The defendant made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and is being detained pending a detention hearing on March 9, 2016 at 10:30 a.m.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda. Assistance was also provided by the Bardstown, Kentucky Police Department.
The fact that a defendants have been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Career Identity Thief Sentenced to over 19 Years in Federal PrisonRead the Press Release
ATLANTA - Kamali Rives was sentenced to 19 years, six months in federal prison on fraud and identity theft charges. Rives and his co-conspirators ran multiple fraud and identity theft schemes that ultimately stole over $2 million.
“Rives made his living for years by victimizing hundreds of people,” said U.S. Attorney John Horn. “He used the stolen identities to open bank accounts and write checks in other people’s names, as well as taking out loans and making purchases on phony credit cards. He ultimately had no regard for the financial hardships he caused the people whose identities were stolen.”
Thomas Noyes II, U.S. Postal Inspector in Charge of the Charlotte Division stated, “The U.S. Postal Inspection Service will continue to go after those who use the U.S. Mail to defraud the American public. This case demonstrates the importance of cooperation among our law enforcement partners to pursue those individuals who insist on defrauding unwitting victims by stealing their identities and attacking their personal well-being.”
“This case illustrates the negative impact that bank fraud and identity theft have on the citizens of the United States. The sentence imposed today should be a reminder that the Secret Service, in conjunction with our law enforcement partners, will continue to arrest criminals who violate innocent victims and threaten our financial systems,” said Malcolm D. Wiley, Sr., Acting Special Agent in Charge of the United States Secret Service, Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: Rives and co-defendant Rashon Bohannon, 34, of Lilburn, Georgia, ran multiple fraud and identity theft schemes for many years, dating back to at least 2010. Rives and Bohannon maintained hundreds of files that contained “profiles” of their victims. These profiles included names, dates of birth, Social Security numbers, bank information, credit card numbers, and credit reports. They used this information to open bank accounts, cash checks, take out loans, manufacture credit cards, and make credit purchases.
In one of the schemes, Rives and Bohannon conspired with Jimia Fannin, 36, and Ashley Posey, 31, both of Atlanta, Georgia, to steal corporate checks from Bank of America. Fannin was employed by Bank of America in its lockbox unit, where her job was to process checks that had been mailed to post office box numbers assigned to Bank of America corporate clients. As part of processing the checks, Fannin was supposed to post them as deposits to the appropriate Bank of America accounts. Instead, Fannin stole numerous checks and gave them to Rives and Bohannon.
Rives and Bohannon then recruited “runners,” including Posey, to open checking accounts at other banks in Georgia and deposit the checks. The defendants opened the accounts in the names of corporations that were similar or identical to the payee corporations on the stolen corporate checks.
Rives and Bohannon also used the information obtained from the stolen checks to access the bank accounts held by the account holders who had written the checks. The defendants called the banks and changed the customer information, including the addresses, email addresses, and phone numbers, for the customers’ existing accounts. After changing the account information, Rives and Bohannon withdrew money from the victims’ accounts for their own use.
The defendants stole over $2 million in this bank fraud scheme alone.
Rives also maintained an office in College Park, Georgia, where he conducted credit card fraud. In November 2013, officers from the College Park Police Department executed a search warrant at the office space after an individual claimed he had been held against his will there and pressured to engage in identity theft. The officers went to location, and after smelling marijuana and seeing evidence of drug and identity theft activity, obtained a search warrant. Inside, they found abundant evidence of identity theft, including hundreds of counterfeit credit cards, a credit-card-manufacturing machine, numerous files with credit card information (purchased from illicit Internet web sites), and other documents with personal identifiers.
At the sentencing, the government introduced evidence that Rives continued to engage in credit card fraud and identity theft even when he was placed in pretrial detention on the federal charges. He used fraudulent credit cards to transfer money to inmates’ commissary accounts in the detention facility. Rives then purchased commissary items and received payments from other inmates from the accounts.
Kamali Rives, 37, of Riverdale, Georgia, was sentenced by United States District Judge Thomas W. Thrash, Jr., to 19 years, six months in prison to be followed by three years of supervised release, and ordered him to pay restitution in the amount of $602,388.32. Rives was convicted on these charges on December 16, 2015 after he pleaded guilty to a 23-count indictment charging him with conspiracy, bank fraud, access device fraud, and aggravated identity theft.
Bohannon, Fannin, and Posey are scheduled to be sentenced on March 9, 2016 before Judge Thrash.
This case is being investigated by the United States Postal Inspection Service and United States Secret Service. The College Park Police Department and the Hapeville Police Department provided valuable assistance in the investigation.
Assistant United States Attorney Stephen H. McClain prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Carbondale Resident Sentenced for Armed Robbery of Duquoin Gas StationRead the Press Release
On March 3, 2016, Stanley L. Cohen, 32, of Carbondale, IL, was sentenced for his role in the May 16, 2014, armed robbery of the Shell Gas Station in DuQuoin, Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Cohen, who had previously pled guilty to a two-count indictment charging Interference with Commerce by Robbery, in violation of the Hobbs Act, and Using, Carrying, and Brandishing a Firearm During a Crime of Violence, was sentenced to 130 months in federal prison and 3 years’ supervised release. Cohen was also fined $400.00. Evidence at the plea and sentencing hearings established that, on May 16, 2014, Cohen and others participated in an armed robbery of the Shell Gas Station in DuQuoin. When the cashier refused to give Cohen money, Cohen struck the cashier in the head with a firearm. The cashier required stitches for the head wound. At sentencing, the judge ordered that Cohen’s 130 month sentence be served consecutively to a nine year state sentence that Cohen is currently serving for a May 2014 Carbondale armed robbery.
The investigation was conducted by the DuQuoin Police Department, Perry County Sheriff’s Department, and Carbondale Police Department.
The case was assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
California Man Pleads Guilty to Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Raul Fernandez, Jr., 29, of Simi Valley, Calif., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Fernandez was arrested on a criminal complaint charging him with possession of heroin with intent to distribute after the DEA seized approximately two kilograms (4.4 pounds) of heroin from him during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 19, 2015. The heroin was concealed in a false compartment in Fernandez’s luggage. Fernandez was indicted on the same charge on Nov. 17, 2015.
During today’s proceedings, Fernandez pled guilty to a felony information charging him with possession of heroin with intent to distribute and admitted that on Oct. 19, 2015, in Bernalillo County, N.M., he was in possession of two kilograms of heroin, which was concealed in a false compartment in his luggage, while traveling through Albuquerque on the Amtrak train. Fernandez further admitted that he was to be paid $5,000 for transporting the heroin from Simi Valley to Cincinnati, Ohio.
At sentencing, Fernandez faces a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Paul H. Spiers prosecuted the case pursuant to 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.
Boca Raton Attorney Pleads Guilty to Tax EvasionRead the Press Release
A Boca Raton attorney pled guilty to evading the payment of approximately $1,501,724 in income tax due to the Internal Revenue Service (IRS) for calendar years 1997, 1999, 2001, 2002, and 2004 through 2007, by concealing his income, assets, and liabilities.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
William J. Reilly, 62, pled guilty to one count of tax evasion, in violation of Title 26, United States Code, Section 7201.
According to court documents, Reilly was an attorney and member of the New York Bar who owned William J. Reilly, Esq. P.C., a law firm through which the defendant practiced securities law. The law firm operated in New York City until 1998, when Reilly moved his law practice to Boca Raton, Florida.
From 1992 through 1997, Reilly worked as the outside securities counsel for a corporation and was paid, in part, with options to purchase stock in the corporation. In 1997, Reilly exercised some of his stock options and then sold some of the shares for more than $1.6 million.
From October 1997 through January 1998, shortly after exercising his stock options, Reilly acquired significant assets, including two residences in Boca Raton, Florida, a residence in Chittenden, Vermont, and oceanfront property in Portsmouth, Rhode Island. Only one of these assets, a Boca Raton residence, was titled in Reilly’s name. On May 17, 1999, Reilly purchased a ten acre parcel of land located across the road from his Chittenden, Vermont home, and Reilly used a shell company to hold title to this land. The Portsmouth land, where Reilly began to construct a home, was also transferred to the name of a shell corporation. Reilly also purchased a 2001 Jaguar XJ8 and a 2002 Chevrolet Suburban in the name of a nominee.
From 2005 through 2010, Reilly used bank accounts for his law firm and the shell corporation to receive personal income, transfer funds into his personal accounts, and pay personal expenses directly, including his Visa credit card account, his children’s private school and college tuition, support his daughter’s equestrian business, make vehicle and mortgage payments, contribute to his son’s political campaign, and purchase more than $50,000 in tickets for sporting events and concerts. Reilly also caused clients and others who owed money to the defendant to pay monies to shell corporations controlled by Reilly or to pay Reilly’s personal expenses directly.
The defendant’s sentencing date has not yet been set. Reilly faces a maximum statutory sentence of five years in prison.
Mr. Ferrer commended the investigative efforts of IRS-CI. This case is being prosecuted by Assistant U.S. Attorneys Ellen L. Cohen and Stephanie D. Evans.
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.
Biddeford Man Sentenced to over Four Years for Interstate Transportation for ProstitutionRead the Press Release
Contact: Julia M. Lipez
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Leo Grondin, 49, of Biddeford, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 51 months in prison and 5 years of supervised release for transporting an individual in interstate commerce with the intent that she engage in prostitution. Grondin pleaded guilty on September 29, 2015.
Court records reveal that on July 15, 2015, Grondin drove a woman from southern Maine to Dover, New Hampshire, where the woman performed sexual services for clients for money. On July 17, 2015, law enforcement officers located an online advertisement for escort services that listed a contact phone number associated with Grondin and a location in Dover, New Hampshire. Law enforcement tracked Grondin and the woman to the Comfort Inn in Dover, where Grondin was arrested on a pending state warrant.
The defendant was subject to an enhanced sentence because Chief Judge Torresen found that he coerced the woman into the prostitution activity. Chief Judge Torresen called the defendant’s conduct “reprehensible.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Human Trafficking Task Force, the Federal Bureau of Investigation, and the Biddeford and Dover, New Hampshire Police Departments.
Berks County Man Charged in Government FraudRead the Press Release
PHILADELPHIA - Miguel Gutierrez, 42, of Bernville, PA, was charged today by information with three counts of wire fraud, announced United States Attorney Zane David Memeger. According to the information, Gutierrez was employed as a Claims Representative in the Social Security Field Office in Reading, PA, when he used his access to Social Security’s computer systems to redirect benefits intended for third-party individuals into his own bank account. Gutierrez allegedly received three stolen benefit payments, resulting in a loss to the government of approximately $6,166.66.
If convicted, the defendant faces a statutory maximum sentence of 60 years in prison, up to three years of supervised release, forfeiture, a possible fine, restitution of $6,166.66, and a $300 special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Amanda R. Reinitz.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Barbara Grice Sentenced Following Guilty Plea to A Federal Firearm Charge of Possession of A Firearm in A School ZoneRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that Barbara Grice of Foley, Alabama, was sentenced to 36 months imprisonment following a November 2015 guilty plea to a charge of possession of a firearm in a school zone.
On February 25, 2015, the Baldwin County Sheriff’s Office (BCSO) received an active shooter call at the Elberta Elementary School at approximately 1:25 p.m. Grice had gained entry to the cafeteria area of the school where her sister was employed. Grice was armed with a loaded .38 caliber revolver which she pointed at her sister. Grice discharged the firearm.
BCSO Deputies and Elberta Police Department Officers arrived on the scene and saw Grice walking toward vehicles in the back parking lot. They yelled for her to stop and when she turned to face them they saw a pistol in her right hand, down at her side. Grice was ordered several times to put the firearm down, and she ultimately complied. Grice was ordered to walk away from the weapon and lay on the ground.
Possession of a firearm in a school zone is a violation of Title 18, United States Code Section 922(q)(2)(A). After hearing emotional statements from a number of teachers and school employees, and considering the contents of letters submitted by other teachers at the school, Chief United States District Court Judge William H. Steele upwardly departed from the sentencing guideline range in imposing the thirty-six month sentence, which will be followed by a 3 year term of supervised release. During the sentencing hearing Judge Steele noted that Grice has serious charges pending in Baldwin County as a result of this event. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Baldwin County Sheriff’s Office and the Elberta Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Allen University Track Coach Found Guilty of Preparing Fraudulent Tax ReturnsRead the Press Release
Contact Person: T. DeWayne Pearson (803) 929-3000
Columbia, SC - United States Attorney Bill Nettles stated that Brandon Jamar Samuels age 31 of Columbia, South Carolina, was found guilty after a jury trial of conspiracy to defraud the United States in violation of Title 18, United States Code, Section 371. According to testimony presented during the trial, Samuels and his co-defendants prepared fraudulent tax returns for customers of Daitech Tax Service between 2008 and 2011. Witnesses testified that Samuels instructed them on how to claim bogus business expenses and other deductions on their tax returns in an effort to decrease their tax liability and artificially increase their tax refund. Other witnesses testified that Samuels made fraudulent claims on tax return forms without the customers’ knowledge.
Special Agent in Charge Thomas J. Holloman said, "The IRS, Criminal Investigation is committed to holding unscrupulous tax return preparers accountable for the false information they add to client returns." Sentencing in the case has not yet been scheduled, but Samuels faces a maximum penalty of five years of imprisonment and a fine of $250,000. The case was investigated by Special Agents with the Internal Revenue Service (IRS). The case was prosecuted by Assistant United States Attorney T. DeWayne Pearson and John Potterfield of the Columbia office.
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7 Ordered to Federal Prison for Extensive Marijuana Grow House OperationRead the Press Release
HOUSTON – Three leaders and four others have been ordered to federal prison for their roles in a hydroponic marijuana growing conspiracy operating in and around Houston, announced U.S. Attorney Kenneth Magidson. All had previously entered guilty pleas in the case.
Dang Hai Nguyen, 37, and his wife, Carry Le, 40, both had pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and each received sentences of 120 months in federal prison. Le’s brother - Son Kim Le, 42 – had pleaded to conspiracy to maintain a place of manufacturing and was sentenced to a 108-month-term of imprisonment. The court had found that these were the leaders in the organization. Nguyen coordinated the overall grow operation, while Carry Le controlled the finances. Son Kim Le worked in sales and operations.
Also sentenced today were Lam Thanh Ho, 45, who was convicted of conspiracy to maintain a place of manufacturing, Hien The Nguyen, 29, who pleaded to conspiracy to possess with intent to distribute a controlled substance and Tuan Anh Le, 42, and Tuan Anh Nguyen, 46, who both pleaded guilty to possession with intent to distribute a controlled substance. Tuan Anh Le, Tuan Anh Nguyen and Ho all received 24-month sentences, while Hien The Nguyen was ordered to serve a 34-month-term of imprisonment.
The final defendant charged in the case - Minh Quang Hoang Nguyen, 35 – will be sentenced April 8, 2016.
Law enforcement began investigating in August 2011. Shortly thereafter, law enforcement executed search warrants at three locations and seized more than 1000 marijuana plants. Further investigation led to the full scope of this hydroponic marijuana cultivation and distribution organization which was headed by Dang Hai Nguyen and his wife, Carry Le.
On May 2, 2013, agents executed search and arrest warrants at eight locations. Five of the locations were active hydroponic marijuana grow facilities that contained an aggregate of 1,754 hydroponically-grown marijuana plants. Multiple defendants had been residing at two of the other locations.
The grow houses shared common characteristics. They were uniformly equipped with covered windows to prevent light from coming in or interior lights shining out. The houses had extensive duct work located inside the grow rooms for ventilation and fans to aid air circulation and exhaust were set up and in open view throughout each of the houses. The houses had secondary, illegally installed electrical circuit boxes that bypassed the utility company’s meters, which both enabled the defendants to steal electric current and also prevented the utility provider from noticing the excessively high power consumption that indoor marijuana cultivation requires.
The houses exhibited an overwhelming marijuana odor and high-intensity grow lights could be easily seen hanging directly above the growing plants. Anyone entering the locations could easily know what was occurring inside.
Only insiders were permitted to enter the houses. Generally, the director or overseer of a particular grow house would pay for the expenses associated with that house’s operation and the salary of the house’s “tender.” Tenders received a salary of $1000-$2000 with a possible bonus after harvest. Alternatively, the tenders might receive a lump sum percentage of 35% of the proceeds and an additional 15% if the house was leased in his/her name.
Co-conspirators often assisted one another by converting leased residences into grow houses, providing training and instruction on tending the plants, arranging for delivery of products or equipment necessary for cultivation and dismantling grow houses, among other things.
Carry Le, Minh Quang Hoang Nguyen, Son Kim Le and Tuan Anh Le were utility subscribers for four of the houses. Hien The Nguyen, Minh Quang Hoang Nguyen and Ho tended grow houses and assisted with purchasing and distributing supplies among the houses. Tuan Anh Le and Tuan Anh Nguyen also tended the houses.
The charges were the result of an investigation conducted by the Drug Enforcement Administration, Texas Department of Public Safety, sheriff’s offices in Harris and Ft. Bend Counties and the Houston Police Department. Assistant U.S. Attorney Michael Kusin is prosecuting the case.
2nd Fairfax Man Sentenced for His ROle in Amtrak Wreck ConspiracyRead the Press Release
Contact Person: Stacey Haynes (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles stated that Deon Dovell Roberts, age 35, of Fairfax, South Carolina was sentenced to 21 months imprisonment in federal court. On November 2, 2015, Roberts plead guilty to conspiracy to commit wire fraud/cause a train wreck/interfere with a train operator and to interfering with the operation of a train, all in violation of Title 18, United States Code, Sections 371 and 1992(a)(6). United States District Judge J. Michelle Childs sentenced Roberts to 21 months imprisonment to be followed by 3 years of federal supervised release on each charge, to run concurrently, and ordered Roberts to make restitution to Amtrak in the amount of $46,690.27. During the sentencing hearing, Judge Childs stated that this was “a serious crime” and that Robert’s request for a probationary sentence was not appropriate due to the “significant nature of this crime and potentially what could have happened.”
Evidence presented during the earlier guilty plea hearing showed that during the early morning hours of September 6, 2013, Roberts and James Duvall Love parked a car at Bakers Mill Crossing in Allendale, South Carolina, in the path of an oncoming Amtrak passenger train, got out of the car prior to the collision, and then returned to the car after the collision, feigning injury, all for the purpose of submitting bogus claims for personal injuries and other losses. Robert’s co-defendant James Duvall Love age 34, of Fairfax, South Carolina also plead guilty to the charge of conspiracy to commit wire fraud/cause a train wreck/interfere with a train operator and to a separate felon in possession of a firearm charge and was sentenced to 46 months imprisonment in January 2016.
The case was investigated by the Federal Bureau of Investigation, Amtrak Office of Inspector General, Bureau of Alcohol, Tobacco and Firearms, the Fairfax Police Department, and the Allendale County Sheriff’s Department. Assistant United States Attorneys Eric Klumb and Stacey D. Haynes of the Columbia office handled the prosecution of the case.#####
3 March 2016
Woodbridge Man Convicted of Attempted Coercion and Enticement of a MinorRead the Press Release
ALEXANDRIA, Va. – James Aubrey Brown, IV, 40, of Woodbridge, was convicted today by a federal jury on charges of attempted coercion and enticement of a minor.
According to court records and evidence at trial, Brown responded to a Craigslist ad purportedly posted by a 13 year-old girl living on Marine Corps Base Quantico. Over a period of 12 days and an exchange of over 275 emails, Brown repeatedly pressed the girl to meet and engage in sexual acts, including oral and vaginal sex. He also solicited nude photos of the girl. Ultimately, he arranged to come to Marine Corps Base Quantico to have sex with the girl. Over email, he directed her as to what to wear and what do when he arrived. On the morning of Sept. 14, 2015, Brown arrived at the meeting location where he was arrested for attempting to persuade a person he believed to be a 13 year-old to engage in sexual activity that would be criminal under the laws of the Commonwealth of Virginia.
Brown was indicted on Dec. 1, 2015, and faces a mandatory minimum of 10 years in prison and a maximum penalty of life in prison when sentenced on June 24, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Darrell Gilliard, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington D.C. Field Office, made the announcement after the verdict was accepted by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Whitney Dougherty Russell and Special Assistant U.S. Attorney Joseph Longobardo are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-342.
Woman Sentenced for Stealing Veterans’ BenefitsRead the Press Release
In San Antonio today, 58-year-old Cornelia V. Hurling was sentenced to 14 months in federal prison for her role in misappropriating veterans’ benefits announced United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, Senior United States District Judge David A. Ezra ordered that Hurling pay $141,734.22 restitution and be placed on supervised release for a period of three years after completing her prison term.
On September 16, 2015, Hurling pleaded guilty before United States Magistrate Judge John W. Primomo to one count of misappropriation by a Veterans Affairs (VA) fiduciary. By pleading guilty, Hurling admitted that from January 2008 to September 2013, having been appointed as a VA fiduciary with responsibilities to receive and manage money for the benefit of veterans who were incompetent or incapable of handling their own affairs, Hurling misappropriated approximately $141,734.22 of the veterans’ benefits and instead used that money for her own benefit.
This investigation was conducted by the Department of Veterans Affairs-Office of Inspector General. Assistant United States Attorney Thomas P. Moore prosecuted this case on behalf of the Government.
Wildlife Trafficking Task Force Releases First Annual Progress ReportRead the Press Release
The Presidential Task Force on Wildlife Trafficking released today, World Wildlife Day, its first Annual Progress Assessment. The report details accomplishments of the Task Force in implementing the U.S. National Strategy for Combating Wildlife Trafficking, as well as future efforts in the fight against this pernicious trade.
Last year was a turning point in the global effort to counter wildlife trafficking. Task Force agencies vigorously carried out the three main objectives of the National Strategy: strengthening enforcement, reducing demand and expanding international cooperation. One multi-year initiative known as “Operation Crash” has led to prosecutions against more than 30 individuals and businesses in U.S. courts, leading to prison terms as long as 70 months and forfeitures as high as $4.5 million.
“The Department of Justice is firmly committed to vigorously prosecuting illegal wildlife trafficking, one of my personal goals,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division. “Each illegally-traded horn or tusk represents not simply an object but a dead animal. We must take the profit out of wildlife trafficking to stop the criminals who are robbing from our children and grandchildren the great diversity of life on our planet.”
Task Force agencies last year trained more than 2,000 enforcement officials around the globe. In countering demand, Task Force campaigns in 2015 reached tens of millions of people in the United States and major markets throughout Asia to dissuade consumers from buying illegal wildlife or wildlife products. A major accomplishment in international cooperation was the September commitment by President Obama and Chinese President Xi Jinping to take timely and significant steps to halt the domestic commercial trade of ivory.
President Obama created the Task Force in 2013, bringing together 17 federal departments and offices in a whole-of-government approach to halt illegal activities that threaten the survival of elephants, rhinos and other iconic species. The Task Force is co-chaired by the Secretaries of State and the Interior and the Attorney General and it is charged with implementing the national strategy issued by President Obama in 2014 and detailed in an implementation plan in 2015.
For a copy of the 2015 Progress Assessment, click here.
White Supremacists Indicted for Murdering Fellow Inmate at Beaumont PrisonRead the Press Release
BEAUMONT, Texas – U.S. Attorney John M. Bales announced today the indictment of two federal inmates charged with killing another inmate in the Eastern District of Texas.
Christopher Cramer, 33, of Ogden, Utah, and Ricky Fackrell, 32, of Vernal, Utah, were named in the two-count indictment charging them with murder and conspiracy to commit murder returned by a federal grand jury today.
According to the indictment, beginning in March 2014, Cramer and Fackrell, inmates of the U.S. Penitentiary in Beaumont, Texas, conspired to murder fellow inmate, Leo Johns. On June 9, 2014, Cramer and Fackrell stabbed Leo Johns to death at the federal prison. All three inmates were members of the white supremacy group, Soldiers of the Aryan Culture.
If convicted, the defendants could receive the death penalty or up to life in federal prison.
This case is being investigated by the Federal Bureau of Investigation and the Bureau of Prisons-SIS. This case is being prosecuted by Assistant U.S. Attorneys John Craft and Joseph R. Batte.
A grand jury indictment is not evidence of guilt. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Un Contrabandista De Inmigrantes Es Acusado De Secuestrar A Personas Que Buscaban Entrar En Los Estados Unidos Y De Defraudar A Sus Familias En Los Estados UnidosRead the Press Release
FRESNO, Calif. – Un gran jurado federal dictó una acusación formal de 10 cargos hoy contra Martín Carranza-Sánchez, 45 años de edad, y residente de México, acusándolo de secuestrar ciudadanos mexicanos que solicitaban asistencia para entrar en los Estados Unidos sin la documentación necesaria, y que además tenía planeado defraudar a las familias de las personas que buscaban entrar en el país, anunció el Procurador Federal Benjamín B. Wagner. Carranza-Sánchez está acusado de conspiración en la toma de rehenes, de conspiración para cometer el fraude de telegrama y fraude de telegrama, de comunicaciones interestatales para obtener un rescate o una recompensa, y de llevar un arma de fuego durante un crimen violento. Fue arrestado en la frontera el 21 de enero de 2016 y actualmente está bajo custodia federal en Fresno debido a una denuncia previa emitida en este caso.
En la acusación formal se alega que Carranza-Sánchez y otros individuos conspiraron para obtener retribuciones de personas que residen en los Estados Unidos a través de varios medios, incluso el de tomar como rehenes a inmigrantes indocumentados miembros de sus familias y amigos que estaban buscando entrar en los Estados Unidos, y de manifestar falsamente a los residentes americanos que sus parientes habían sido pasados de contrabando a los Estados Unidos. En cinco instancias entre las fechas de diciembre de 2010 y noviembre de 2015, e implicando a seis víctimas, la acusación formal alega que Carranza-Sánchez sostuvo de rehén a los inmigrantes indocumentados en México, que les amenazó de hacerles daño y que en alguna ocasión les hizo daño. Él, presuntamente, les dijo a los residentes americanos que si no le pagaban inmediatamente, les haría daño o mataría a los inmigrantes. Además se le acusa de fraude a Carranza-Sánchez por manifestar falsamente a los residentes americanos que liberaría a los inmigrantes indocumentados y los entregaría en los Estados Unidos después de recibir el pago por parte de los residentes americanos.
“El secuestro y el fraude son crímenes federales serios a pesar del estado legal de las víctimas en este país,” declaró el Procurador Federal Wagner. “El abuso y la explotación de inmigrantes indocumentados es inaceptable y continuaremos a investigar y a procesar a aquellos que se inmiscuyan en tales conductas criminales.”
Este caso fue el producto de una investigación por parte de los Servicios del Orden Público de Inmigración y Aduanas de los Estados Unidos (ICE) y de las Investigaciones para la Seguridad Nacional (HSI). La Procuradora Federal Auxiliar Ángela L. Scott está procesando el caso. La investigación sigue pendiente.
En la actualidad, Carranza-Sánchez está siendo detenido en el Distrito Este de California. Si es condenado, Carranza-Sánchez se enfrenta a una pena máxima establecida por la ley de cadena perpetua. No obstante, cualquier sentencia sería determinada a la discreción del tribunal después de la consideración de cualquier factor establecido por la ley aplicable y de las Normas Federales para Sentenciar que toman en cuenta un número de variables. Los cargos son solo alegaciones, el demandado es presunto inocente hasta y a menos que sea comprobado culpable sin duda razonable.
U.S. Customs and Border Protection Officers Arrest MichiganWoman Attempting to Smuggle Marijuana to the Virgin IslandsRead the Press Release
St. Thomas, USVI – Deangelia D. Quintana, 30, made her initial appearance today before U.S. Magistrate Judge Ruth Miller after being charged in a complaint with possession with intent to distribute marijuana, United States Attorney Ronald W. Sharpe and U.S. Customs and Border Protection’s (CBP) Virgin Islands Area Port Director Louis Harrigan announced. Quintana was detained pending preliminary and detention hearings set for Friday, March 4, 2016.
According to the complaint, on Wednesday March 2, 2016, Quintana arrived at the Cyril E. King Airport, St. Thomas, U.S. Virgin Islands, on board a Delta flight from Atlanta. CBP officers approached Quintana as she removed two bags from the carousel at the baggage claim area. Quintana was taken to secondary inspection where CBP officers searched her bags and discovered a large bundle of plastic in each bag.Within the plastic, CBP discovered approximately 23 kilos of what was field tested to be marijuana. When questioned, Quintana admitted that the bags were hers.
"CBP officers remain vigilant to detect and seize illegal contraband being illegally brought into our islands," said Port Director Harrigan.
Under federal law if convicted of possession with intent to distribute marijuana, Quintana faces a maximum of five years in prison and a $250,000 fine. This case is being investigated by CBP and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Everard E. Potter.
United States Attorney Sharpe reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
U.S. Attorney’s Office Celebrates Women’s History MonthRead the Press Release
CEDAR RAPIDS, IA – The 2016 theme for Women’s History Month which runs through March honors women who have shaped America’s history and its future through their public service and government leadership. Iowa had such a leader in Eunice Viola “Ola” Babcock Miller. Today the United States Attorney’s Office commemorated the month with an examination of this leader’s great accomplishments during a program at the federal courthouse in Cedar Rapids.
U.S. Attorney Kevin W. Techau welcomed those attending the program, including special guests. Chief of the Iowa State Patrol, Colonel Michael Van Berkum, attended the event and was treated to a historical account of Ms. Babcock’s important role in Iowa’s history as portrayed by Rosemary Harris of Columbus Junction.
Techau noted, as the former Commissioner of the Iowa Department of Public Safety, that Ola Babcock Miller was an “inspirational governmental leader when women were generally not active politically.” He added, “Ms. Miller was a leader ahead of her time. Her courage and willpower in founding the Iowa State Patrol saved thousands of lives. We were proud to honor her memory and legacy as an outstanding public servant and leader. ”
In 1932 Miller was elected the state’s first Secretary of State and before that was active in the suffrage movement as well as the Daughters of the American Revolution.
America’s history sometimes overlooks and undervalues the dramatic influence on our public policy and the building of viable institutions and organizations contributed to by our political leaders like Ola Babcock Miller.
Extraordinary women have fought tirelessly to broaden our democracy’s reach and help perfect our freedoms. Today those successes and influences were celebrated.
Miller was one of the first four women to be inducted into the Iowa Women's Hall of Fame in 1975. In 1999, the Iowa Legislature, prompted by the Iowa Commission on the Status of Women, authorized the renaming of the stately Old Historical Building at East Grand Avenue and East 12th Street as the Ola Babcock Miller State Office Building. The State Library and other state offices are housed in the building following a $20 million renovation.
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U.S. Attorney's Office Launches Social MediaRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez announced today that the U.S. Attorney’s Office for the District of New Mexico is using Twitter and Facebook to more effectively communicate with the public, the media, and its law enforcement and community partners.
“We are using social media to communicate with as many New Mexicans as possible. The Office’s Twitter and Facebook accounts will help inform the public about the work we are doing on behalf of the community, both in and out of the courtroom,” said U.S. Attorney Martinez.
The U.S. Attorney’s Office is using social media to provide information about the case work being handled by the Office and to send press releases, links to photos and media advisories. It also is using social media to promote the prevention and outreach work being done by the Office and by its law enforcement and community partners. The U.S. Attorney’s Office also maintains a website which remains the primary source of information for the Office.
Twitter: https://twitter.com/USAO_NM
Facebook: https://www.facebook.com/usaonm/
Website: https://www.justice.gov/usao-nm
Two Women Head to Prison for Distribution of MethamphetamineRead the Press Release
BROWNSVILLE, Texas – Crystal Yvette Martinez, 25, and Tina Marie Trevino, 24, both of Brownsville, have been ordered to federal prison following their convictions related to the distribution of methamphetamine, announced U.S. Attorney Kenneth Magidson. Martinez was convicted Nov. 19, 2014, following a two-day trial, while Trevino pleaded guilty Nov. 5, 2014.
Today, U.S. District Judge Hilda Tagle ordered Martinez to serve 240 months in federal prison, while Trevino will serve a 75-month-term of imprisonment. Both will also serve five years of supervised release following completion of their sentences.
On or about May 19, 2014, Martinez was a passenger in a black Chevy Tahoe driven by Trevino. The two females presented themselves at the B & M International Port of Entry in Brownsville with a large quantity of Downy fabric softener bottles and Zote soaps. Trevino told officers that the fabric softener and soaps were for a laundromat business she was starting.
The vehicle and occupants were sent to secondary inspection where a canine alerted to the presence of narcotics. Customs and Border Protection (CBP) officers field tested the contents of the bottles and the soaps which yielded a positive result for the properties of methamphetamine. The total weight of the substances was approximately 115.94 kilograms or 255 pounds.
Trevino admitted she was aware she was bringing an illegal drug into the United States, while Martinez denied that knowledge. However, a CBP officer testified that the two females were seen crossing the same type of merchandise (fabric softener and soaps) the prior evening of May 18, 2014. Trevino admitted that the trip the night before was a dry-run to determine how inspectors at the port of entry would react. Trevino testified at trial that both women were aware they were bringing in drugs and that they both would share in the profits of $5,000 for the trip.
The jury ultimately returned a verdict of guilty against Martinez on all four counts as charged to include conspiring to possess to with the intent to import and distribution of 115 kilograms of methamphetamine.
Both women will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This charges are the result of an investigation by Homeland Security Investigations and CBP. Assistant U.S. Attorneys Ana Cano and Joe Esquivel prosecuted the case.
Two Local men Charged Involving a Drug-Related HomcideRead the Press Release
St. Louis, MO – Jessie Hampton and Malcom Johnson, both of St. Louis City, were charged with multiple drug and weapons charges related to the July 15, 2012, murder of Scipio Vaughn, of Centralia, Illinois.
According to the indictment, during 2012, Hampton and Johnson were engaged in drug trafficking. In the early morning hours of July 15, 2012, Hampton and Johnson robbed Scipio Vaughn, and during the course of the robbery, Vaughn was shot and murdered.
Each defendant was indicted on one felony count of conspiracy to distribute cocaine; two felony counts of possession of a firearm in furtherance of a drug trafficking crime, resulting in murder; and conspiracy to obstruct commerce by robbery. Jessie Hampton also was indicted on one felony count of being a previously convicted felon in possession of a firearm.
If convicted, the defendants face possible sentences of life imprisonment.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Louis Metropolitan Police Department. Assistant United States Attorney Cristian M. Stevens is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.