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3 March 2016
Alton Man Sentenced for Meth and Firearm OffensesRead the Press Release
The Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today that George W. Holliday, Sr., 46, of Alton, Illinois, was sentenced on March 1, 2016, to 72 months in federal prison for Conspiracy to Distribute Methamphetamine, Possession With Intent to Deliver Methamphetamine, and Obstruction of Justice (for concealing a firearm).
Holliday pled guilty to the three federal charges on November 5, 2015. He has been continuously confined since his arrest on March 23, 2015.
According to evidence introduced at Holliday’s change of plea hearing last November, Holliday and two other men were traveling together to sell methamphetamine to a woman in Pocahontas, Illinois, on November 22, 2014. The car Holliday was driving was stopped by Glen Carbon, Illinois police for a traffic offense. While police were approaching his car, Holliday instructed the other two men to hide a handgun. Police recovered a small quantity of methamphetamine from the car, and also seized a soda bottle in which the men had been cooking meth.
Co-defendant James E. Bailey, Jr. also pled guilty in U.S. District Court in 2015, and he was sentenced to a term of 15 months in January, 2016. The third man in the car with Holliday pled guilty to state drug charges.
This investigation was conducted by the Glen Carbon Police Department, the Metropolitan Enforcement Group of Southwestern Illinois (MEGSI), and the Madison County Sheriff’s Department. The case was assigned to Assistant United States Attorney Robert L. Garrison.
Alamogordo Woman Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Tandee Sheree Bettag, 38, of Alamogordo, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Bettag was one of 34 individuals charged with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Bettag was arrested on Dec. 8, 2015, on an indictment charging her and seven other non-Natives with methamphetamine trafficking and money laundering offenses. The indictment charged Bettag with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and use of a communication device to facilitate a drug trafficking crime.
During today’s proceedings, Bettag pled guilty to the charges against her in the indictment, and admitted that from Aug. 2015 through Sept. 2015, a codefendant provided her with methamphetamine which she distributed; she repaid her supplier with proceeds she obtained from selling the drugs. Bettag further admitted that on Aug. 15, 2015, she used text messaging to arrange the delivery of money to a codefendant to cover a drug debt and pick up additional methamphetamine, and on Aug. 17, 2015, she used text messaging to discuss, money for a drug transaction.
At sentencing, Bettag faces a maximum of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Bettag is the third of the 18 federal defendants to enter a guilty plea. On Feb. 17, 2016, Jerilyn Lee Munoz, 27, of Artesia, N.M., pled guilty to a money laundering conspiracy charge. In entering the guilty plea, Munoz admitted that between April 2015 and Oct. 2015, she maintained a bank account that was used by another person to deposit the proceeds of drug trafficking crimes in order to conceal the proceeds. Munoz admitted that the other person deposited approximately $25,000.00 into her bank account during that period. At sentencing, Munoz faces a statutory maximum penalty of 20 years in prison followed by not more than three years of supervised release. Her sentencing hearing has yet to be scheduled.
Wallace Rice, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty to a methamphetamine distribution charge on Feb. 5, 2016. At sentencing, Rice faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release.
The remaining 15 federal defendants have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Alta Braham is prosecuting the tribal cases.
19 Members of Heroin Trafficking Conspiracy IndictedRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport returned a 13-count superseding indictment on February 11, 2016 charging 19 individuals with conspiracy to distribute heroin, crack cocaine, and the opiate buprenorphine, known as Suboxone. The indictment was unsealed today following the arrests of the defendants.
According to U.S. Attorney Peter Smith, the indictment alleges that the following men and women conspired to distribute heroin, crack cocaine, and buprenorphine to a network of drug users and sellers along the Interstate 80 corridor between Bloomsburg and Williamsport from August 14, 2014 through the date of the indictment:
Names Age Town/State
Kalif English 27 Philadelphia, PA
Corey Hughes 26 Williamsport, PA
Sharonda Walker 24 Upper Darby, PA
Troy Brown 39 Yeadon, PA
Shawn Hayman 18 Williamsport, PA
Donald Avery 21 Philadelphia, PA
Paris Watkins, Jr. 24 Philadelphia, PA
Tayza Brown 18 Williamsport, PA
Naquann Lee 19 Williamsport, PA
Taiquan Falana 20 Philadelphia, PA
Keith Harding 35 Philadelphia, PA
Shawn Gambrell 27 Philadelphia, PA
Omar Brown 32 Philadelphia, PA
Timothy Moses 34 Philadelphia, PA
Marissa Copen 25 Linden, PA
Alkeisha Edwards 20 Philadelphia, PA
Chantel McFarlin 32 Philadelphia, PA
Lamont Johnson 23 Philadelphia, PA
Randy Thompson 34 Philadelphia, PA
In addition to the conspiracy charge, the indictment also charges that the defendants distributed and possessed with intent to distribute multiple bags of heroin and crack cocaine and Suboxone, or buprenorphine, on various dates during the period of the conspiracy. The indictment also charges Troy Brown with possession of a firearm by a convicted felon.
According to the indictment, during the period from August 2014 to the present, the conspirators obtained heroin and other controlled substances in Philadelphia and transported the drugs to the Bloomsburg and Williamsport areas for distribution and sale. The indictment alleges that they utilized rental vehicles and motel rooms to facilitate the distribution of heroin and that they conducted drug trafficking activities using cell phones. In addition, according to the indictment, the conspirators bought and exchanged firearms for heroin and other controlled substances. In the forfeiture allegation, the indictment identifies cash, firearms, and a property at 810 Rhodes Alley in Williamsport that are subject to forfeiture as criminal proceeds and means of facilitating the drug distribution and conspiracy charges.
The investigation was conducted by the Federal Bureau of Investigation with the assistance of the Pennsylvania State Police, the Old Lycoming Police Department, the Williamsport Bureau of Police, the Lycoming, Northumberland-Montour and Columbia County Drug Task Forces, and the Internal Revenue Service-Criminal Investigation. Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is imprisonment for life, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the sentencing judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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2 March 2016
West Des Moines Man Convicted on Multiple Charges Involving Organized Retail Theft Scheme, Child Pornography and WitnessRead the Press Release
DES MOINES, IA - On March 1, 2016, a jury in the Southern District of Iowa convicted Bradley J. Prucha, 38, of West Des Moines, Iowa, on multiple counts from an organized retail theft scheme, child pornography, and witness tampering. Sentencing has been scheduled for June 23, 2016, before Chief United States District Court Judge John A. Jarvey
From around October 2013 through May 2015, Prucha led a scheme to purchase items from various retailers using UPC bar code stickers that Prucha created. Prucha used these stickers, and provided these stickers to others, to purchase items at significantly lower costs than their actual retail value. These purchases occurred at stores from Iowa to Florida, where Prucha maintained a residence, as well as states surrounding Iowa such as Nebraska and Illinois. Prucha returned the items to stores, or sold them using eBay, Craigslist, and to direct buyers, for close to their actual retail value. Some of the individuals Prucha used to perpetrate this scheme included minors. Prucha was convicted of one count of conspiracy to commit interstate sale and receipt of stolen property and mail fraud, as well as six counts of mail fraud, for his role in this scheme.
Prucha was also convicted of three counts of sexual exploitation of minors for the production of child pornography. He was also convicted of possession of child pornography and distribution of Xanax, a schedule IV controlled substance, to persons under the age of 21. In 2015, Prucha produced three videos depicting two minor victims, approximately 16 years old at the time, engaging in sexually explicit conduct. Prucha provided these and other minor victims with Xanax in an effort to facilitate sexual relations and the production of the child pornography. Prior to trial, Prucha stipulated that at the time of the production offenses he was required to register as a sex offender, which constitutes three separate offenses in addition to the counts of production of child pornography.
The jury also found Prucha guilty of four counts of witness tampering. These charges stemmed from Prucha's attempts to have a former inmate at Polk County Jail offer money to the minor witnesses for them to provide false testimony at trial. Prucha faces sentences ranging from a mandatory minimum term of 35 years up to 50 years imprisonment.
This investigation was conducted by the Federal Bureau of Investigation, Des Moines Resident Office, with assistance from the Asset Protection teams at various retailers, including Barnes & Noble, Walmart, Toys R Us, and Best Buy. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Washington County Man Traveled across State Line to Have Sex with a MinorRead the Press Release
PITTSBURGH - A resident of Washington County, Pa., has pleaded guilty to charges of travel with intent to engage in illicit sexual conduct with a minor, United States Attorney David J. Hickton announced today.
Joseph Sabot, age 27, pleaded guilty to the felony count before United States District Judge Maurice B. Cohill, Jr.
According to information presented to the Court at the time of the guilty plea, in 2010, when Sabot was 22 years old, he met a 15-year old female from Wheeling, West Virginia, through an online website. He met her in person shortly thereafter, and traveled to and from his residence in Washington, Pa., to her residence in Wheeling on numerous occasions between 2010 and 2012, on which occasions he engaged in sexual acts with the girl. In July of 2012, after bringing her back to his residence for a sexual encounter, Sabot asked the girl to hide in his garage until his parents went to sleep. Sabot’s father, who did not know her, found her in the garage and demanded that she leave the property. The girl then called 911, as she did not have a way to get back to Wheeling. After the North Franklin Police responded to her call, the joint investigation involving the North Franklin Police and the FBI was initiated, leading to the charges in this case.
Judge Cohill scheduled sentencing for June 8, 2016. The law provides for a maximum total sentence of 30 years imprisonment, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and North Franklin Township Police Department conducted the investigation leading to the indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Van Wert man indicted for child pornographyRead the Press Release
An indictment was filed charging Sean R. Magner, 50, of Van Wert, with receipt and distribution of visual depictions involving the sexual exploitation of minors, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Postal Inspection Service. The case is being handled by Assistant United States Attorney Tracey B. Tangeman.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
URS Corporation AES to Pay $580K to Resolve Allegations it Overcharged on Niantic River Bridge ContractRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that URS CORPORATION AES (“URS”) has entered into a civil settlement agreement with the federal government in which URS will pay $580,000 to resolve allegations that the Rocky Hill-based construction company violated the federal False Claims Act and the common law in overbilling the federal government on a bridge reconstruction project in Niantic that was funded by the National Railroad Passenger Corporation (“Amtrak”).
In 2007, Amtrak awarded a contract to Washington Group, International, Inc. (“WGI”) to provide construction management services for the replacement of the Niantic River rail bridge. WGI was acquired by URS in 2008, and URS assumed responsibility for the contract. The contract provided that the construction management company would be compensated for its services according to a specific pricing schedule that was incorporated into the contract. The pricing schedule stated that labor efforts pursuant to the contract would be paid at the fixed labor rates listed in an attachment to the pricing schedule. The attachment, in turn, provided that the labor rates were maximum rates per hour for each employee work classification and that the contractor should bill the appropriate rate for each employee up to the maximum rate contained in the attachment.
The federal government contends that in most instances during the time that URS provided construction management services for the bridge reconstruction project, the company charged the maximum labor rates, rather than the actual labor rates, for the employee positions listed on the attachment to the pricing schedule and, as a result, that the federal government was overbilled.
“Federal contractors must abide by the billing requirements set forth in government contracts so that taxpayer dollars are not wasted,” stated U.S. Attorney Daly. “I thank Amtrak OIG and the U.S. Department of Transportation OIG for thoroughly investigating this matter, and URS for cooperating with the government’s investigation.”
“This was a significant civil recovery for Amtrak, and one that sends an important message for contractors regarding their obligation to properly bill for services,” said Amtrak Inspector General Tom Howard.”
“As evidenced by this settlement agreement with URS Corporation AES, we remain steadfast in our commitment to ensuring the integrity of the programs designed to maintain and improve our nation’s transportation infrastructure,” said Todd Damiani, regional Special Agent-in-Charge, U.S. Department of Transportation Office of Inspector General. “Working with the Secretary of Transportation, Amtrak, and our law enforcement and prosecutorial colleagues, we will continue to protect the taxpayers’ investment in our nation’s infrastructure from fraud, waste, abuse and violations of law.”
This case was investigated by Amtrak’s Office of Inspector General and the U.S. Department of Transportation’s Office of Inspector General.
The matter was handled within the U.S. Attorney’s Office by Assistant U.S. Attorney William A. Collier and Auditor Susan N. Spiegel.
U.S. Supreme Court Denies Joseph Duncan’s Petition to Hear Competency AppealRead the Press Release
The United States Supreme Court on Monday denied convicted killer Joseph Duncan’s petition to hear his appeal, announced U.S. Attorney Wendy J. Olson. The Court’s action leaves in place Senior U.S. District Court Judge Edward J. Lodge’s December 2013 finding that Duncan was competent to waive his appeal, which had been affirmed by the Ninth Circuit Court of Appeals in March 2015. The three federal death sentences returned by a jury in August 2008 and imposed by Judge Lodge also remain in place. No execution date has been set, and Duncan’s attorneys still may seek other post-conviction relief through federal habeas proceedings.
Duncan pleaded guilty in federal district court in Boise in December 2007 to a ten-count indictment charging him with various crimes related to the 2005 kidnapping and murder of a nine-year-old boy and an eight-year-old girl from their home outside Coeur d’Alene, Idaho. Duncan admitted killing the boy in the Lolo National Forest in Montana. Three of the charges to which Duncan pleaded guilty made him eligible for the death penalty under federal law. Duncan was represented by legal counsel at his guilty plea, but elected to represent himself at the capital sentencing hearing. Although Judge Lodge found both that Duncan was competent to represent himself at the capital sentencing hearing and subsequently to waive his right to appeal, the Ninth Circuit originally ruled in July of 2011 that Judge Lodge should have held an evidentiary hearing on competency and ordered him to do so retrospectively. Judge Lodge conducted the hearing in January and February of 2013. He issued a sixty-six page order in December 2013 finding Duncan competent. After the Ninth Circuit affirmed that decision last year, Duncan’s attorneys sought Supreme Court review through filing of a petition for a writ of certiorari. Monday, the Supreme Court denied the petition.
“The United States remains confident that all appropriate legal process has been afforded to Mr. Duncan, and that he was competent and able to exercise his Sixth Amendment right to represent himself,” said Olson. “We are pleased that the Supreme Court declined to hear further direct appeal in this case. We will continue to defend this lawful prosecution and Judge Lodge’s deliberate and thorough consideration of the defendant’s competency. We will continue to seek justice for the victims in this case through any efforts by Mr. Duncan’s attorneys to seek post-conviction review. Mr. Duncan’s crimes were heinous and tragic for the victims, their family, and the north Idaho communities in which they occurred. We need to bring this to a close.”
Duncan also pleaded guilty in Idaho state court for the 2005 kidnapping and murders of his federal victims’ mother, 13-year-old brother and mother’s boyfriend. He separately pleaded guilty in Riverside County, California, to the murder of an 11-year-old boy there in 1997. In addition to the three federal death sentences, he faces six life sentences for his Idaho state convictions, three life sentences for his Idaho federal convictions, and one life sentence for his California conviction.
U.S. Attorney’s Office Hosts Conference on Ending the School-To-Prison PipelineRead the Press Release
BOSTON – The U.S. Attorney’s Office’s Civil Rights Unit hosted “Ending the School-to-Prison Pipeline,” a conference aimed at examining and restructuring existing practices in order to reduce the number of students who take their first steps toward involvement with the criminal justice system while in school.
“The Civil Rights Unit of the U.S. Attorney’s Office is responsible for enforcing a wide range of federal civil rights statutes, and an increasingly large proportion of its work has been devoted to ensuring that youth in Massachusetts have access to equal educational opportunities,” said U.S. Attorney Ortiz. “This conference focused on connecting a diverse array of stakeholders who all share the common goal of formulating creative solutions to end the school-to-prison pipeline in different disciplinary fields, in addition to educating participants about the Civil Rights Unit’s role in disrupting the school-to-prison pipeline.”
The half-day conference, held at the Harvard Graduate School of Education, brought together a diverse audience of over 300 educators, school resource officers, advocates, lawyers, students, social workers, and community members for a series of panels and plenary sessions about broadening the dialogue around the school-to-prison pipeline. The term “school-to-prison pipeline” broadly describes the phenomenon by which youth – particularly youth of color and youth with disabilities – are pushed out of the classroom, through overly punitive discipline practices and school-based arrests, and into the juvenile justice system.
Keynote speaker Chief Judge Steven C. Teske of the Clayton County Juvenile Court in Georgia spoke about the need to avoid zero tolerance policies in schools and arrests for minor offenses. Stephen Spaloss, the Regional Vice President of City Year, hosted a plenary about how service providers should examine how they build positive and supportive relationships with the youth they serve.
Panels explored topics including innovations in training school resource officers, juvenile court reform and restorative justice, trauma-sensitive schools, and the effect of the school-to-prison pipeline on students with disabilities. Panelists included local and national thought leaders from a variety of disciplines, including judges from the Middlesex Juvenile Court and formerly with the Supreme Judicial Court of Massachusetts, civil rights lawyers from the Lawyers’ Committee for Civil Rights and Economic Justice and the Disability Law Center, law enforcement officers from the Cambridge Police Department, and professors from the Harvard Graduate School of Education, Harvard Law School, Boston University School of Law, and the Boston College School of Social Work.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
U.S. Attorney Ortiz Launches Independent Investigation of Alleged Civil Rights Violations at Boston Latin SchoolRead the Press Release
BOSTON – United States Attorney Carmen M. Ortiz announced today that the Civil Rights Unit of the U.S. Attorney’s Office for the District of Massachusetts is launching an independent investigation of alleged civil rights violations at Boston Latin School (BLS).
On Feb. 26, 2016, eight civil rights organizations and community members, including the ACLU of Massachusetts, the Boston Branch of the NAACP, and the Lawyers Committee for Civil Rights and Economic Justice, submitted a joint written complaint to the U.S. Attorney’s Office that raised concerns about racial harassment and discrimination, among other things, at BLS.
“We will conduct a thorough investigation into the recent complaints about racism at BLS and will go where the facts lead us. Once our investigation is complete, we will share our findings at the appropriate time,” said U.S. Attorney Ortiz. “I want to thank Mayor Walsh and Superintendent Chang who have pledged their full cooperation in this independent investigation.”
The U.S. Attorney’s Office is authorized to investigate the allegations of racism at BLS under Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex, and religion in public schools and colleges/universities.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Two New York Men Charged with Heroin Trafficking in Monroe CountyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Federal Grand Jury in Scranton returned an indictment yesterday charging Jose Mendoza, age 38, and Edwin Aguilar, age 25, with conspiracy to distribute heroin and the possession of heroin with the intent to distribute.
According to U.S. Attorney Peter Smith, the indictment alleges that the crimes occurred on August 31, 2015, in Monroe County, Pennsylvania. Both individuals are New York residents
The investigation was conducted by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Prosecution is assigned to Assistant U.S. Attorneys John C. Gurganus, Jr. and Phillip Caraballo.
This case is part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for each offense under federal law is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Middlesex Men Plead Guilty to Drug ConspiracyRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court today, THURMAN STANCIL, 69, and HAROLD DEVON SCARBORO, 25, both of Middlesex, pleaded guilty to conspiracy to distribute cocaine, cocaine base (crack), and marijuana. As part of his plea, STANCIL agreed to forfeit real property located at 357 Barns Lake Road, Middlesex, NC. Both men face a maximum of twenty years imprisonment.
Investigation of this case was conducted by the Johnston County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Lawrence Cameron represented the government.
Two Hamden Men Charged with Distributing Oxycodone Involved in Weston OverdoseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that an investigation into a recent drug overdose in Weston has resulted in federal oxycodone distribution charges against two Hamden residents.
TAHIR FARID, 21, and RYAN LOONEY, 19, are each charged by federal criminal complaint with possession with intent to distribute, and distribution of, oxycodone. FARID was arrested on February 22 and is released on a $250,000 bond. LOONEY was arrested on February 29 and is released on a $100,000 bond.
According to the criminal complaints, the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and the Weston Police Department are investigating a drug-overdose of a 22-year-old male in Weston. The victim was found unresponsive at a friend’s residence on January 5, 2016. He remains unresponsive and, according to medical personnel, is in a “persistent vegetative state.”
It is alleged that on January 3, 2016, the victim purchased 30 40-milligram oxycodone pills from FARID in exchange for $900. He then consumed some of those pills, as well as other substances, which led to his overdose. It is further alleged that prior to the victim’s overdose, LOONEY supplied FARID with oxycodone pills.
The charge of possession with intent to distribute, and distribution of, oxycodone carries a maximum term of imprisonment of 20 years.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, with the assistance of the U.S. Marshals Service, the Weston Police Department and the Monroe Police Department. The Task Force includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon and Wilton Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.
Topeka Man Sentenced to Federal Prison for Carjacking, RobberyRead the Press Release
TOPEKA, KAN. - A Topeka man was sentenced Wednesday to federal prison for carjacking and robbery, U.S. Attorney Barry Grissom.
Wesley Lavern Harris, Jr., 26, Topeka, Kan., was sentenced to 86 months in federal prison. Harris pleaded guilty to one count of carjacking and one count of commercial robbery. In his plea, he admitted that on June 7, 2015, he took a man’s keys, money and car and left the victim in a bathtub at the Econo Lodge Motel at 2950 S.W. Topeka Blvd. Harris and others had placed an ad on a Web site advertising sexual services in order to lure a victim to a hotel room and rob him. Harris left the motel driving the victim’s 2002 Hyundai Sonata.
In his plea, Harris admitted that on June 8, 2015, he entered the back door of the Heartland Perma Column store at 1841 E. 1450 Road in Lawrence, Kan. He threatened to kill an employee and forced her and another employee to give him money from a box in the front office.
Grissom commended the Topeka Police Department, the Douglas County Sheriff’s Department, the Lawrence Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Three Charged with Multiple Violations of Federal Gun LawsRead the Press Release
PITTSBURGH - Three Allegheny County residents have been indicted by a federal grand jury in Pittsburgh, on charges of conspiracy to commit offenses against the United States, possession of a firearm by a convicted felon, tampering with a witness by threat of physical force, and brandishing, using, carrying, and possessing a firearm during and in relation to a crime of violence, United States Attorney David J. Hickton announced today.
The 13-count superseding indictment, returned on March 1, named: Joshua Bristo, 23, of Clairton, Pennsylvania; Richard Van Holt, Jr., 27, of Pittsburgh, Pennsylvania; and
James Pamplin, Jr., 21, of Clairton, Pennsylvania.According to the superseding indictment, from on or about Jan. 1, 2015, and continuing thereafter until on or about Oct. 28, 2015, in the Western District of Pennsylvania, Joshua Bristo, Richard Van Holt, Jr., and James Pamplin, Jr., conspired to commit offenses against the United States, that is, to falsify firearms purchase forms, and to possess firearms as convicted felons.
Additionally, Bristo, from on or about Jan. 7, 2015, through on or about Oct. 28, 2015, and Van Holt, from on or about and around May 5, 2015, through on or about Oct. 19, 2015, possessed firearms as convicted felons. Pamplin, Jr., is accused of aiding and abetting Bristo on May 28, 2015, in possessing a firearm as a convicted felon.
The superseding indictment also charges that on or about March 6, 2015, through on or about March 10, 2015, Joshua Bristo tampered with a witness by threat of physical force by pointing a firearm and threatening to kill the witness.
The superseding indictment further charges that on or about March 6, 2015, Joshua Bristo knowingly brandished a firearm during and in relation to a crime of violence, thereby tampering with a witness by threat of physical force.
“Individuals who illegally sell guns end up arming violent criminals, who time and again pull the trigger on our streets and put the public’s safety at risk,” said ATF Special Agent in Charge Sam Rabadi. “ATF will continue to shutdown illegal gun running networks and put the traffickers behind bars to make our homes, streets, and communities a lot safer and more peaceful.”
The law provides for a maximum total sentence for Bristo of not less than seven years and up to life in prison, a fine of $1,000,000.00, or both. Van Holt and Pamplin each face a potential sentence of incarceration of up to 15 years, a fine of $500,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Clairton Police Department, Homestead Police Department, and North Versailles Police Department conducted the investigation leading to the Superseding Indictment in this case.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
State Prisoner Charged with Mailing A Threatening Letter to A Lancaster County JudgeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an inmate at a state prison was charged yesterday by a federal grand jury in Scranton with mailing a threatenting letter to a Lancaster County Judge.
According to United States Attorney Peter Smith, the defendant, Joshua Keziah, age 27, an inmate at the State Correctional Institution in Frackville, Schuylkill County, allegedly mailed the letter in October of 2015 from the prison to the Lancaster County Courthouse threatening to kill the President Judge.
The charge stems from an investigation by the United States Postal Inspection Service and the Lancaster County Police Department. Assistant United States Attorney Evan Gotlob is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is five years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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St. Petersburg Man Sentenced to 15 Years for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Latellis Everette (41, St. Petersburg) to 15 years in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on November 12, 2015.
According to court documents, Everette stole a loaded pistol from behind the counter of a local convenience store. He was later identified after being recognized on the store’s surveillance system. Everette has at least 12 prior felony convictions, including the sale of cocaine, armed robbery, and aggravated battery. As such, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Michael V. Leeman.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Sex Offender Charged with Failure to Update His Registration StatusRead 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 Shawn Peterkin, 38, formerly of South Carolina, was charged with one count of failure to update his sex offender registration status. The charge carries a maximum penalty of 10 years in prison and a fine of $250,000.
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that Peterkin was convicted in 2011 of Taking Indecent Liberties with a Child in North Carolina and was required to register as a sex offender. The defendant first registered in North Carolina in 2013. Subsequently, Peterkin relocated to South Carolina and registered as a sex offender in October 2014. The defendant failed however to update his registration in June 2015 and a warrant was issued by South Carolina authorities in November 2015. The U.S. Marshal’s Service found Peterkin residing in Rochester in February 2016. When the defendant was confronted, he admitted he was wanted in South Carolina for failure to register as a sex offender.
The arrest is the culmination of an investigation on the part of the United States Marshal’s Service, Marshal Charles Salina.
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.
Samuel L. Bradbury SentencedRead the Press Release
Samuel L. Bradbury Sentenced
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today that Samuel L. Bradbury, 23, of Pine Village, Indiana, was sentenced before Chief District Court Judge Philip P. Simon to 41 months incarceration, 2 years of supervised release and ordered to pay $7098.58 in restitution.
Bradbury was convicted on July 2, 2015, after a weeklong jury trial, of maliciously conveying false information.
According to the evidence presented at trial, on June 19, 2014, Bradbury posted threats on social media to kill two specific law enforcement officials and two specific judges in Tippecanoe County. He also threatened to damage the Tippecanoe County Courthouse along with police vehicles using thermite, an incendiary substance. On June 21, 2014, law enforcement executed search warrants on the house where Bradbury lived, locating the social media posting along with other relevant evidence to include materials to make thermite.
This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of Tippecanoe County Law Enforcement Agencies. This trial was handled by Assistant United States Attorneys Jill Koster and Abizer Zanzi.
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Salamanca Woman Pleads Guilty to Heroin ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Amber Crouse, of Salamanca, NY, pleaded guilty to conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin before U.S. District Judge Elizabeth A, Wolford. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between February 2013 and February 2015, the defendant participated in a heroin conspiracy with co-defendant Carlos Laboy. Crouse sold heroin to confidential sources including one individual who claimed that the defendant sold heroin to the individual every day for one year.
On February 5, 2015, a search warrant was executed at a residence on Gorton Street in Buffalo. Crouse was present along with Carlos Laboy. Officers recovered numerous baggies that contained heroin residue and three cellular telephones. One of the cellular telephones was a number that the confidential sources would contact to set up drug transactions.
Charges are pending against Carlos Laboy. 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 plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for May 31, 2016 at 2:00 p.m. before Judge Wolford.
Romanian National Pleads Guilty in Computer Hacking SchemeRead the Press Release
NEWARK, N.J. – A Romanian citizen today admitted orchestrating an international hacking scheme targeting retailers, security companies, medical offices and individuals in the United States, U.S. Attorney Paul J. Fishman announced.
Mircea-Ilie Ispasoiu, 30, of Drobeta-Turnu Severin, Romania, pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to Count One and Count Seven of an indictment charging him with wire fraud and aggravated identity theft.
According to documents filed in this case and statements made in court:
From August 2011 through February 2014, Ispasoiu was employed as computer systems administrator at a large financial institution in Romania. Ispasoiu’s scheme involved hacking networks belonging to retailers, security companies, medical offices and individuals in order to steal user names and passwords, personal identifiers and credit and debit card data. Ispasoiu also gained access to a computer at a large security company that ran background checks on job applicants. Ispasoiu stole the applicants’ personal identifying information, including their fingerprints.
The wire fraud charge to which Ispasoiu pleaded guilty carries a maximum potential penalty of 20 years in prison. The aggravated identity theft charge carries a mandatory two-year term of imprisonment to run consecutive to any other sentence. Both charges carry a $250,000 fine, or twice the gross gain or loss from the offenses. Sentencing is set for June 29, 2016.
U.S. Attorney Fishman credited the special agents of the U.S. Secret Service, Newark Field Office, under the direction of Acting Special Agent in Charge Jeffrey Wood, with the investigation leading to the plea. U.S. Attorney Fishman also thanked the Justice Department’s Office of International Affairs in Washington, as well as the Prosecutor’s Office attached to the High Court of Cassation and Justice in Romania and its law enforcement partners, for their support.
The government is represented by Assistant U.S. Attorney Daniel Shapiro of the Computer Hacking and Intellectual Property Section of the Office’s Economic Crimes Unit.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Rochester Man Indicted for Enticement of A MinorRead 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 a federal grand jury returned a three-count indictment charging Faycal Taouzinet, 26, of Rochester, NY, with enticement of a minor using a means and facility of interstate commerce, attempted production of child pornography and attempted receipt of child pornography. The enticement charges carry a minimum penalty of 15 years in prison, a maximum of life and a $250,000 fine.
“This case once again shows the dangers facing our young children while using technology,” said U.S. Attorney Hochul. “At the same time, it demonstrates the best defense to those threats: the active involvement of a parent or trusted adult.”
Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the indictment, in June 2015, the mother of a 13 year old minor advised the Rochester Police Department that her child was communicating with two men. According to the mother, one of the two men, Taouzinet, was a clerk at a local corner store. Officers reviewed the minor’s phone and uncovered texts between the minor and Taouzinet to include sexually explicit chats and chats where the minor had sent sexually explicit pictures to Taouzinet.
An officer, assuming the minor’s identity, engaged in texts with Taouzinet and arranged for a meeting to occur on June 22, 2015. The defendant did not show up at the arranged time but texted later and asked to meet. Taouzinet was observed by officers later that date and confronted and arrested.
The indictment is the result of an investigation by the FBI’s Child Exploitation Task Force which includes members of the Immigration and Customs Enforcement, Homeland Security Investigations, the Rochester Police Department, the Monroe County Sheriff’s Office and the Greece Police Department.
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.
Roanoke Man Sentenced on Drug, Gun ChargesRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Roanoke man who previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to federal drug and gun charges.
Thomas Sidney Draper, 52, of Roanoke, Va., previously pled guilty to one count of possessing with the intent to distribute 280 grams or more of cocaine base and one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Draper was sentenced to 121 months of federal incarceration and five years of supervised release thereafter.
“The United States Attorney’s Office will continue to be vigilant in our mission to keep illegal guns and drugs off the streets of the Western District of Virginia,” United States Attorney John P. Fishwick Jr. said today.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.
Richmond City Sheriff’s Office Sued for Disability DiscriminationRead the Press Release
ALEXANDRIA, Va. – The U.S Attorney’s Office for the Eastern District of Virginia and the Justice Department filed a lawsuit today alleging that the Richmond City Sheriff’s Office fired a former deputy sheriff after failing to reassign her to a vacant position for which she was qualified, in violation of Title I of the Americans with Disabilities Act (ADA).
The employee, who had worked as a deputy for approximately 10 years, asked to be reassigned to an available civilian position after a heart condition rendered her unable to continue as a deputy. Title I of the ADA prohibits employers from discriminating against individuals on the basis of disability in various aspects of employment. These prohibitions include failing to provide reasonable accommodations, including reassignment, where such an accommodation does not pose an undue hardship to the employer.
“Employment is a vital part of life for all individuals and the ADA ensures that qualified individuals who develop disabilities are able to stay employed,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia.
“The ADA guarantees people with disabilities the right to earn a living and advance their careers free from workplace discrimination,” said Vanita Gupta, Principal Deputy Assistant Attorney General of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously enforce the ADA and ensure that when employees develop disabilities that interfere with their job, employers reassign them to a different vacant position that matches their qualifications.”
Assistant U.S. Attorney Margaret Harker is working on this matter in conjunction with the Disability Rights Section of the Civil Rights Division.
Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov
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.
Republic Man Sentenced to 15 Years for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Republic, Mo., man was sentenced in federal court today for producing child pornography.
Benjamin Michael Hopper, 23, of Republic, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years in federal prison without parole. The court also sentenced Hopper to 10 years of supervised release following incarceration.
On Aug. 27, 2015, Hopper pleaded guilty to using a child, identified as “Jane Doe #1,” to produce child pornography between Jan. 21 and 25, 2015.
According to court documents, Hopper met the 14-year-old victim in an on-line chat room. She later snuck out of her home and was picked up by Hopper, who kept her at his home for several days, during which time he engaged in various sexual acts with the minor. These acts were recorded on Hopper’s iPad.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the FBI and the Republic, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Postal employee charged with opening mail that contained OxycodoneRead the Press Release
A criminal information was filed charging an employee of the U.S. Postal Service for opening a package that contained Oxycodone, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
Barbara Wright, 49, of Martin, Ohio, was charged with one count of theft of mail matter by an officer or employee.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the U.S. Postal Service Office of the Inspector General. The case is being handled by Assistant United States Attorney Tracey B. Tangeman.
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Polish Fugitive Living in Bergen County, New Jersey, Arrested by U.S. MarshalsRead the Press Release
NEWARK, N.J. – A Polish citizen living in Garfield, New Jersey, was arrested this morning by U.S. Marshals as a result of an extradition request related to his alleged involvement in a 1996 murder in Poland, U.S. Attorney Paul J. Fishman announced.
Rafal Kaldon, 38, is charged by complaint with being a fugitive from a foreign county. He appeared this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court and was detained.
According to the complaint:
Pursuant to a treaty with the United States, the government of Poland submitted a formal request through diplomatic channels for Kaldon’s extradition.
On the evening of Aug. 25, 1996, Kaldon and an accomplice allegedly entered a disco in Poland, walked up to a man, and without speaking to him, began to beat him until he collapsed to the floor. Afterwards, they continued to kick and beat him. Witnesses in the disco attempted to resuscitate the victim, but he was pronounced dead at the scene. Kaldon allegedly retrieved his passport and cash from his sister immediately after the attack and fled Poland.
U.S. Attorney Fishman credited U. S. Marshals, under the direction of U.S. Marshal Juan Mattos in Newark, with the arrest of Kaldon after being a fugitive from Poland for almost 20 years.
The government is represented by Assistant U.S. Attorney Rebecca M. Sherill of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and the allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Pittsburgh Man Charged with Robbing Banks in Wilmerding and White OakRead the Press Release
PITTSBURGH - A Pittsburgh resident has been indicted by a federal grand jury on charges of violating federal bank robbery and firearms laws, United States Attorney David J. Hickton announced today.
The five-count indictment, returned on March 1, named Leonard Gibbons, 55, of Pittsburgh, Pa., as the sole defendant.
According to the indictment, on or about July 17, 2015, Gibbons stole $7,828.00 from the Compass Federal Savings Bank located at 111 Westinghouse Avenue, in Wilmerding, Pa.; and on or about Nov. 19, 2015, Gibbons used a firearm to steal $3,971.00 from the First Commonwealth Bank located at 1527 Lincoln Way, in White Oak, Pa. It is unlawful for Gibbons, who has previously been convicted of multiple felony offenses, to possess a firearm. Federal law prohibits a person convicted of a crime punishable by in excess of one year imprisonment from possessing a firearm or ammunition.
The law provides for a maximum total sentence of not less than seven years and up to life in prison, a fine of up to $250,000.00, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Ryan K. Hart is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the McKeesport Police Department, the North Versailles Police Department, the White Oak Police Department, and the Allegheny County Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Petaluma Cattle Owner and Slaughterhouse Employee Sentenced for Scheme to Distribute Adulterated MeatRead the Press Release
SAN FRANCISCO – Robert Singleton, owner of Petaluma-based cattle company Rancho Veal Corporation, and Eugene Corda, an employee of the now-defunct Rancho Feeding Corporation, a Petaluma slaughterhouse, were sentenced today for their roles in a scheme to distribute adulterated, misbranded, and uninspected meat, announced Acting United States Attorney Brian J. Stretch and Special Agent in Charge of the Western Region of the U.S. Department of Agriculture (USDA), Office of Inspector General, Investigations, Lori Chan.
Singleton, 79, of Petaluma, was sentenced by U.S. District Judge Charles R. Breyer to three months’ imprisonment, to be followed by one year of supervised release, conditions of which include three months of home confinement and fifty hours of community service. Singleton was charged in a one-count information on August 18, 2014, with distribution of adulterated, misbranded, and uninspected meat, in violation of the Federal Meat Inspection Act (FMIA), 21 U.S.C. §§ 610(c) & 676(a). He pleaded guilty to the information on August 22, 2014, as part of a cooperation plea agreement, admitting his participation in a scheme to distribute condemned cattle and uninspected cattle showing signs of “cancer eye.” He also admitted his participation in a separate false invoicing scheme. Singleton’s sentence was a result of the United States’ motion for downward departure based on his cooperation, pursuant to U.S.S.G. § 5K1.1. A restitution hearing is set for May 31, 2016, at 10:00 a.m., also before Judge Breyer, with a self-surrender deadline of the same date.
Corda, 65, of Petaluma, was sentenced by Judge Breyer to three years’ probation, including six months of home detention. Corda was indicted along with Rancho Feeding’s owner Jesse Amaral, 78, of Petaluma, and Rancho Feeding employee Felix Cabrera, 56, of Santa Rosa, for distribution of adulterated, misbranded, and uninspected meat, in violation of the FMIA, 21 U.S.C. §§ 610(c) & 676(a); conspiracy to commit the same, in violation of 18 U.S.C. § 371; and conspiracy to commit mail fraud, in violation of 18 U.S.C. § 1349. On October 10, 2014, Corda pleaded guilty to one count of violating the FMIA, admitting that he knowingly switched uninspected cancer eye cattle with inspected, healthy cattle as part of a scheme to circumvent USDA inspection procedures. His sentence also reflected a downward departure as a result of cooperating with the government’s investigation.
For his role in the scheme, Amaral was sentenced on February 10, 2016, to one year and one day imprisonment and two years of supervised release, one of which will be served in a residential re-entry facility.
The sentencing hearing for Cabrera is set for March 9, 2016, also before Judge Breyer.
Assistant U.S. Attorney Hartley M.K. West is prosecuting this case with the assistance of Rosario Calderon and Bridget Kilkenny. The prosecution is the result of an investigation by agents of the USDA’s Office of Inspector General, Investigations and USDA’s Food Safety Inspection Service, Office of Investigation, Enforcement and Audit, Compliance and Investigations.
Pennsylvania Priest Sentenced to 200 Months for Sexually Abusing MinorsRead the Press Release
A priest of the Diocese of Altoona-Johnstown, Pennsylvania, was sentenced today to 200 months in prison to be followed by lifetime supervised release for offenses related to his sexual abuse of two minor boys during trips to Honduras over a five-year period, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David J. Hickton of the Western District of Pennsylvania.
Joseph D. Maurizio Jr., 70, of Central City, Pennsylvania, was convicted on Sept. 22, 2015, following an eight-day jury trial, of engaging in illicit sexual conduct in foreign places, possession of child pornography and international money laundering. Maurizio was also ordered to pay a $50,000 fine and $10,000 in restitution to each victim.
According to the evidence introduced at trial, in 2001, Maurizio created a charitable organization, then known as Honduras Interfaith Ministries (HIM), which was funded by donations from community members, including parishioners of Our Lady Queen of Angels Church in Central City. HIM became the largest donor for Pro Niño, a non-profit organization that provided shelter and rehabilitative services to poor, abandoned and at-risk children residing in a rural town near San Pedro Sula, Honduras. Between 2004 and 2009, Maurizio used HIM moneys to fund 13 separate trips between the United States and Honduras, during which he sexually abused two minor boys living at Pro Niño shelters.
Evidence presented at trial demonstrated that Maurizio used his position with HIM, Pro Niño’s largest donor, to gain unfettered access to the minors, as well as to purchase them gifts, including clothes, shoes and jewelry, in order to build the boys’ trust and to ensure their compliance during his sexual abuse. During his final trip to Honduras, Maurizio paid the boys to engage in sexual acts with him.
In addition, trial evidence showed that Maurizio kept digital media depicting the minors he sexually abused and other images of child sexual exploitation in the Our Lady Queen of Angels Church rectory.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and Internal Revenue Service-Criminal Investigation in Pittsburgh investigated the case. Trial Attorney Amy E. Larson of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Stephanie Haines of the Western District of Pennsylvania prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Pennsylvania Priest Sentenced to 16+ Years in Prison for Sexually Abusing MinorsRead the Press Release
PITTSBURGH – A priest of the Diocese of Altoona-Johnstown, Pennsylvania, was sentenced to 200 months in prison followed by lifetime supervised release for offenses related to his sexual abuse of two minor boys during trips to Honduras over a five-year period, announced U.S. Attorney David J. Hickton of the Western District of Pennsylvania.
U.S. District Judge Kim Gibson imposed the sentence on Joseph D. Maurizio Jr., 70, of Central City, Pennsylvania. He also ordered Maurizio to pay a $50,000 fine and $10,000 in restitution to each of the two minor victims. Maurizio was convicted on Sept. 22, 2015, following an eight-day jury trial, of engaging in illicit sexual conduct in foreign places, possession of child pornography and international money laundering.
“It is important to recognize the courage of the victims, the tenacity of the investigators and the resolve of the prosecutors to bring this child predator priest to justice,” stated U.S. Attorney Hickton. “This sentence ensures that Joseph Maurizio will never again have the opportunity to travel beyond our nation’s borders to victimize children.”
“Child sex tourism is a scourge: adults preying on the young and vulnerable to satisfy dark desires,” said David Abbate, Assistant Special Agent in Charge, ICE Homeland Security Investigations. “As an agency, HSI is committed to the difficult but necessary task of ending this scourge--despite cost, distance, and international boundaries. There can be no place for the abuse of children here or abroad.”
“IRS Criminal Investigation will diligently work with our law enforcement partners to pursue those who violate the laws of the United States,” added IRS-CI Special Agent in Charge Akeia Conner. “Our partnership with HSI in this investigation demonstrates that we will work together to address the full scope of an individual’s illegal activity, and we will follow that trail wherever it may lead us.”
According to the evidence introduced at trial, in 2001 Maurizio created a charitable organization, then known as Honduras Interfaith Ministries (HIM), which was funded by donations from community members, including parishioners of Our Lady Queen of Angels Church in Central City. HIM became the largest donor for Pro Niño, a non-profit organization that provided shelter and rehabilitative services to poor, abandoned and at-risk children residing in a rural town near San Pedro Sula, Honduras. Between 2004 and 2009, Maurizio used HIM moneys to fund 13 separate trips between the United States and Honduras, during which he sexually abused two minor boys living at Pro Niño shelters.
Evidence presented at trial demonstrated that Maurizio used his position with HIM, Pro Niño’s largest donor, to gain unfettered access to the minors, as well as to purchase them gifts, including clothes, shoes and jewelry, in order to build the boys’ trust and to ensure their compliance during his sexual abuse. During his final trip to Honduras, Maurizio paid two minor boys to engage in sexual acts with him.
In addition, trial evidence showed that Maurizio kept digital media depicting the minors he sexually abused and other images of child sexual exploitation in the Our Lady Queen of Angels Church rectory.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and Internal Revenue Service’s Criminal Investigation in Pittsburgh investigated the case. Assistant U.S. Attorney Stephanie Haines of the Western District of Pennsylvania and Trial Attorney Amy E. Larson of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Ozark, Greene County Men Sentenced for Conspiracy to Avoid Paying $585,000 in Federal TaxesRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Ozark, Mo., man and a Greene County, Mo., man were sentenced in federal court today for their roles in a conspiracy to avoid paying more than $585,000 in federal taxes.
Wesley Vernon Delport, 70, of Ozark, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to three years and 10 months in federal prison without parole. The court also ordered Delport to pay a $5,000 fine and to pay $585,733 in restitution to the IRS. Co-defendant Alton Louis Vaughn, Sr., 59, of Greene County, was sentenced to three years and six months in federal prison without parole. The court also ordered Vaughn to pay $585,733 in restitution to the IRS and $3,595 restitution to one of his individual victims.
Delport and Vaughn each pleaded guilty to their roles in a conspiracy to defraud the United States by impeding the lawful government functions of the Internal Revenue Service in the ascertainment, computation, assessment, and collection of federal taxes.
Delport was the owner of Abundant Health & Wellness, a business described as a holistic health clinic, located in Springfield. Between Jan. 1, 2004, and Dec. 31, 2013, Delport received a total of approximately $4.7 million in gross receipts for Abundant Health & Wellness, which he did not report to the IRS as required by law and upon which he did not pay taxes.
Delport conspired with co-defendant Alton Louis Vaughn, Sr., 58, of Greene County, in an attempt to avoid paying taxes on approximately $4.7 million in business receipts. Vaughn, who is self-employed, derived a portion of his income from assisting in the preparation of federal income tax returns, advising taxpayers regarding their dealings with the IRS, and representing others in their dealings with the IRS. Vaughn has pleaded guilty to participating with Delport in the conspiracy.
In order to avoid paying taxes on his income, Delport purported to create an entity called The Shammah Foundation in the state of Washington on May 7, 2001. Delport described the purpose of The Shammah Foundation as “to do whatever will promote the Kingdom Of God, All Righteousness and the principles of Liberty and Justice.” Delport transferred a total of approximately $382,000 over a four-year period from Abundant Health & Wellness accounts to a bank account he controlled, held in the name The Shammah Foundation. Delport used The Shammah Foundation bank account to pay his personal expenses, without reporting those funds used for his personal expenses to the IRS as income, or paying any taxes.
Delport admitted that, on several occasions, he submitted documents to the IRS consisting of lengthy and frivolous arguments in order to impede and delay an IRS examination of his tax liability. Delport also admitted that he attempted to place his funds and assets beyond the reach of IRS collection efforts.
To impede a criminal investigation of Delport, Vaughn and Delport falsely reported to the Treasury Inspector General for Tax Administration that an IRS Revenue Officer and an IRS criminal investigator had coerced, intimidated and threatened Delport.
Delport and Vaughn also attempted to impede a federal grand jury in its investigation of Delport by refusing to comply with federal grand jury subpoenas for tax and business records, by sending correspondence to the U.S. Attorney’s Office falsely stating that an IRS Revenue Officer had personally seized and collected all of Delport’s original income documents for the years 2003 through 2009, and by Vaughn falsely testifying before the grand jury.
Delport and Vaughn admitted that they also attempted to impede a federal grand jury in its investigation by counseling an employee of Abundant Health & Wellness to refuse to testify before the grand jury, and by providing her with a written statement (which contained an inaccurate statement of the law) to read to the grand jury in lieu of complying with her legal obligation to testify.
This case was prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation and the Treasury Inspector General for Tax Administration.
Ozark Man Indicted for False Tax Claims, Advertised on Craigslist for DependentsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that an Ozark, Mo., man has been indicted by a federal grand jury for filing false income tax returns after he advertised on Craigslist to purchase identity information for children that he could claim as dependents.
Raheem L. McClain, 37, of Ozark, was charged in a three-count indictment returned under seal by a federal grand jury in Springfield, Mo., on Feb. 23, 2016. That indictment was unsealed and made public upon McClain’s arrest and initial court appearance on Tuesday, March 1, 2016.
The federal indictment alleges that McClain caused an advertisement to be posted on Craigslist on Jan. 16, 2015, stating:
“WANTED: KIDS TO CLAIM ON INCOME TAXES - $750 (SPRINGFIELD,
MO)
IF YOU HAVE SOME KIDS YOU ARENT CLAIMING, I WILL PAY YOU A
$750 EACH TO CLAIM THEM ON MY INCOME TAX. IF INTERESTED,
REPLY TO THIS AD.”
On Feb. 3, 2015, McClain allegedly caused a false federal tax return to be electronically signed and filed in his name for 2014, which listed three dependents by name, Social Security number and supposed relationship (two sons and one daughter).
On Feb. 4, 2015, McClain allegedly caused two false federal tax returns to be filed through the mail in his name for 2012 and 2013. Each of the returns listed the same three dependents, the indictment says; however, on these two returns the same individuals were listed as one son and two daughters.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation.
Operator of Fraudulent Moving Company Sentenced for ConspiracyRead the Press Release
ATLANTA - Shedrick Giles and Tasheen Raphael Pickett, both of whom owned and operated moving companies, have been sentenced for their roles in fraudulently obtaining unsuspecting citizens’ household goods.
“The defendants took advantage of trusting citizens who sought help with moving to a new home,” said U.S. Attorney John Horn. “Who could conceive of movers taking all of their possessions and then simply disappearing? Others that would consider following in their footsteps and attempt such brazen thefts can expect the same outcome; prosecution.”
“The sentencing of Tasheen Raphael Pickett and Shedrick Giles for conspiring to fraudulently obtain household goods is a strong signal to those that would defraud customers seeking to transport their household goods,” said Marlies T. Gonzalez, regional Special Agent-In-Charge, U.S. Department of Transportation Office of Inspector General (DOT-OIG). “We will continue working with our prosecutorial, law enforcement and Federal Motor Carrier Safety Administration colleagues to prevent, detect and prosecute violations of Federal law and regulation designed to protect the public.”
According to U.S. Attorney Horn, the charges and other information presented in court: since at least November 2013, Pickett and Giles have been traveling the United States, picking up shipments of innocent victims’ personal property, and promising to deliver those shipments to agreed-upon locations. But instead of delivering the property, Pickett and Giles would take control of the property, keeping some of it for themselves and disposing of the rest.
After a criminal complaint was filed against Pickett in Amarillo, Texas, in July 2014, the DOT-OIG was notified. In September 2014, DOT-OIG agents searched storage units at a Public Storage Facility in East Point, Georgia, and discovered that the units were stacked full with approximately 14 individuals’ personal property—property that had been taken by Pickett months before and never delivered. Other property taken by Giles was discovered in a second Public Storage Facility in Decatur, Georgia, in January 2015. Although both Pickett and Giles have worked as movers for several years, neither is authorized to transport household goods by the Federal Motor Carrier Safety Administration (FMCSA), the federal agency tasked with providing oversight over household goods movers. Pickett, the primary perpetrator of the scheme, intended to cause over $600,000 in losses to 36 people. Giles assisted Pickett in three of the moves.
Pickett and Giles sentences are as follows:
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Shedrick Giles, 43, of Brentwood, New York, was sentenced to one year and two days in federal prison, to be followed by three years of supervised release.Giles was ordered to pay $144,007 in restitution to the victims of the crime and complete 40 hours of community service.
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Tasheen Raphael Pickett, 41, of College Park, Georgia, was sentenced on January 6, 2016, to four years in federal prison, to be followed by three years of supervised release.Pickett was ordered to pay $427,809.85 in restitution to the victims of the crime.
This case was investigated by the Department of Transportation – Office of Inspector General.
Assistant United States Attorney Samir Kaushal prosecuted the case.
More than 5,800 household goods moving companies are registered with the FMCSA. In 2014, FMCSA received more than 2,800 consumer complaints about household goods movers, down from more than 3,100 in 2013. Among the most common complaints are shipments being held hostage, loss and damaged goods, delay of shipments, unauthorized movers, and deceptive practices such as unwarranted overcharges. Consumers can report unsafe and unlawful moving companies by calling FMCSA’s nationwide complaint hotline at 1-888-368-7238 (1-888 DOT-SAFT) or by visiting the database at http://nccdb.fmcsa.dot.gov. Consumers can visit www.protectyourmove.gov to find out more about the “red flags” of moving fraud.
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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao/gan/.
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Odessa Woman Pleads Guilty to $924,000 Bank FraudRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Odessa, Mo., woman pleaded guilty in federal court today to a $924,000 bank fraud scheme involving her family’s used truck dealership.
Susan E. Jones, 57, of Odessa, Mo., waived her right to a grand jury and pleaded guilty before U.S. Chief Magistrate Judge Sarah W. Hays to an information that charges her with one count of bank fraud.
Jones served as the corporate secretary of Transtar Truck Sales, Inc., a used truck dealership in Bates City, Mo., that buys over-the-road trucks. Jones handled banking matters for Transtar, which was owned by her father (now deceased) and her husband.
Transtar purchased many vehicles from out-of-state dealers and then exported the trucks out of the country. Transtar financed the purchase of its trucks through a series of floor plan loans obtained from Bank of Odessa. A revolving line of credit allows a borrower to obtain financing against a specific piece of collateral, such as a vehicle.
Beginning in 2007, Jones engaged in a scheme to defraud Bank of Odessa out of $924,355 by obtaining floor plan financing on specific vehicles and later deliberately withholding the funds received from the sale of that pledged collateral. On at least 38 occasions from March 3, 2007, to May 5, 2010, Jones made false representations to Bank of Odessa concerning pledges of collateral on promissory notes and security agreements that she submitted to the bank.
When Transtar wanted to draw against the floor plan note, Jones would contact the bank with the identifying information of the vehicle(s) being used to collateralize the transaction and the amount of request based upon her valuation of the vehicle(s). Bank of Odessa required Transtar to relinquish the original vehicle titles as collateral supporting the security agreements. For years, Transtar provided the original titles, but at some point Jones told Bank of Odessa that she was unable to provide the original titles due to timing issues involved in obtaining the Missouri titles. Transtar began providing the bank with copies of the titles in lieu of the original title to facilitate the sale of the trucks. On at least 38 occasions, Jones provided Bank of Odessa with copies of vehicle titles. But unbeknownst to Bank of Odessa, and contrary to the representations made by Jones, the copies of the titles referred to vehicles that were not then owned by Transtar.
Had Bank of Odessa known that the vehicles were not owned by Transtar, the bank would not have allowed them to be used as collateral, and would not have continued to service the loan. Bank of Odessa lost a total of approximately $924,355.
An FBI analysis of Jones’ spending reveals that she was spending heavily during the time, including gambling at casinos, buying season Chiefs tickets, and spending thousands on restaurants and travel. Over a period of two and a half years, Jones and her husband conducted 82 cash withdrawals at casinos totaling $27,919; made 204 payments to restaurants and bars totaling $17,373; spent $4,693 for Chiefs season tickets in 2008 and 2009; spent $1,300 for martial arts; made $11,672 in payments to the University of Phoenix; and paid $987 to Sands of Kahana Vaction Club in Lahanna, Hawaii. By 2010, Jones and her husband had $130,000 worth of credit card debt.
Bank of Odessa had also issued loans to Transtar for its building and equipment. Bank of Odessa rolled the shortage and loan balances together to arrive at a total indebtedness of approximately $1.2 million. On Nov. 9, 2010, the $1.2 million debt was separated into two loans in the amounts of $600,000 and $610,104 and collateralized by various assets pledged by Jones, her husband and her father. The loans are considered 12-month balloon notes and are renewed annually. Jones has made approximately $307,340 in repayments on the first of the two still-outstanding loans, and no payments on the second.
Under the terms of today’s plea agreement, the government will request a sentence of one year and one day in federal prison. Jones must pay a money judgment of at least $778,943, less any payments she has made or may subsequently make to the Bank of Odessa prior to her sentencing, including $307,340 that she has already repaid.
This case is being prosecuted by Assistant U.S. Attorney Daniel M. Nelson. It was investigated by the FBI.
North Carolina Man and His Company Sentenced for Manufacturing and Selling Fake Mercedes-Benz Diagnostic SoftwareRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ROBERT BECKMANN, age 54, of Durham, North Carolina, and his company, BECKMANN TECHNOLOGIES, INC. (BTI), were each sentenced today.
U.S. District Judge Kurt D. Engelhardt sentenced BECKMANN to four years of probation, with the first four months to be served on home detention, and fine $5,000 after previously pleading guilty to criminal copyright infringement. BTI was sentenced to five years of organization probation and fined $75,000 after pleading guilty to conspiracy to commit criminal copyright infringement and to violate the Digital Millennium Copyright Act.
According to court documents, BECKMANN owned BECKMANN TECHNOLOGIES, INC. a company that, among other things, sold remanufactured parts for Mercedes-Benz automobiles. Between about 2001 and July 2012, BECKMANN TECHNOLOGIES, INC., in conjunction with “Company A,” located in Harahan, Louisiana, “Company B,” located in Rancho Palos Verdes, California, and an individual in the United Kingdom, “J.C.,” produced and sold unauthorized, non-authentic versions of the Mercedes-Benz Star Diagnostic System (SDS), a hand-held computer containing proprietary, confidential software. The SDS is used by mechanics to diagnose problems with and assure the safety of Mercedes-Benz vehicles employing electronic control systems.
BECKMANN TECHNOLOGIES, INC. was responsible for creating hardware for the fake SDS units, including a “black box,” while Company A, with assistance from BECKMANN TECHNOLOGIES, INC., and others obtained, modified, and duplicated the authentic SDS software so that it would operate on ordinary laptop computers and without Mercedes-Benz’s authorization or license. After learning that Mercedes-Benz had notified J.C. that his conduct was in violation of civil and/or criminal laws, representatives of BECKMANN TECHNOLOGIES, INC., Company A, and Company B discussed a plan to have J.C. “go underground and off the radar” and continue working on making fake SDS.
The “real” SDS sold for between $8,300 and $22,000 each, while the fake SDS sold for up to $11,000, depending on market factors. In total, Company A and Company B sold at least 795 fake SDS. BECKMANN plead guilty to selling and distributing once such device; BECKMANN TECHNOLOGIES, INC. was charged with its role in the development, manufacture, and distribution of the fake SDS.
U.S. Attorney Polite praised the work of the Cyber Task Force of the FBI’s New Orleans Division in investigating this matter. Assistant U.S. Attorney Jordan Ginsberg and Senior Counsel Evan Williams of the Criminal Division’s Computer Crimes and Intellectual Property Section (CCIPS) were in charge of the prosecution.
New Orleans Man Sentenced to over 15 Years for Heroin Crime Committed in Orleans Parish PrisonRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TREY MITCHELL, age 24, of New Orleans, was sentenced today for attempted distribution of heroin using a cell phone smuggled into the Orleans Parish Prison.
U.S. District Judge Kurt D. Engelhardt sentenced MITCHELL, a “career offender” under the U.S. Sentencing Guidelines, to 188 months in prison, 3 years of supervised release following his prison term, and a $100 special assessment. The judge ordered that the sentence run consecutive to the state sentences that MITCHELL is already serving for charges of home invasion, drug distribution, and firearms charges. MITCHELL is also awaiting sentencing in the “Wildside Gangsters” indictment in state court in New Orleans for charges of racketeering and conspiracy to distribute heroin.
According to court documents, MITCHELL had been involved in a conspiracy to distribute heroin in New Orleans since January 2011. In July 2012 and again in August 2012, MITCHELL was arrested for drug trafficking and firearms charges, only to be bonded out of jail to commit additional crimes. In November 2012, MITCHELL committed a home invasion and was again arrested and held in the Orleans Parish Prison, where he remained until his federal indictment in this case. His brother and co-defendant in this case, TERENCE TAYLOR, then obtained MITCHELL’s ‘dope’ phone and continued his heroin enterprise from outside jail. In September 2013, after pleading guilty to his state charges, MITCHELL used a smuggled cell phone to call TAYLOR from the parish prison to direct him to give heroin to another inmate who was being released from prison and needed to “get back on his feet.” These calls were intercepted on a court-authorized wiretap of TAYLOR’s cell phones. In October 2015, Judge Engelhardt sentenced TAYLOR to a prison term of 324 months (27 years) for conspiracy to distribute heroin and distribution of heroin resulting in an overdose death.
U.S. Attorney Polite praised the work of the DEA New Orleans Police Department High-Intensity Drug Trafficking Area group, the FBI, and the ATF, with the assistance of the St. Tammany Sheriff’s Office, the St. Bernard Sheriff’s Office, and the Louisiana State Police in investigating this matter. Assistant United States Attorney Michael B. Redmann is in charge of the prosecution.
Missouri Man Sentenced for Firearm OffenseRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today that Michael C. Neece, 71, of Ozark, Missouri, was sentenced last week in federal district court in East St. Louis for the crime of Possession of a Firearm by a Convicted Felon.
Neece was sentenced to 12 months on probation, a $250 fine, and a $100 special assessment, following his plea of guilty, on October 30, 2015. The charges relate to an incident that occurred on January 12, 2013, in Dupo, Illinois, when an individual reported Neece to be in possession of a firearm. Neece was previously convicted of Conspiracy to Import Switchblade Knives on March 27, 2000, in the Eastern District of Missouri.
The case was investigated by members of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Stephen B. Clark.
Minnesota Resident Pleads Guilty to Threatening Two Clinics that Provide Reproductive Health ServicesRead the Press Release
Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division and U.S. Attorney Andrew M. Luger of the District of Minnesota announced today that Michael John Harris, 33, pleaded guilty to making telephonic threats to two clinics that provide reproductive health services in Minneapolis.
In connection with his plea, Harris admitted that on May 12, 2014, he made telephonic threats to two different health clinics in Minneapolis that provide reproductive health services. In his call to the first clinic, Harris threatened to kill the person on the other end of the call using his bare hands, and then cut the person’s head off with a band saw. In his call to the second clinic, Harris said he would kill the person on the other end of the call and everyone else who worked there, and that he was going to travel to the clinic and shoot everyone present. Harris admitted that he made these threats to intimidate people from obtaining or providing reproductive health services.
“Harris’s violent threats against clinics that provide reproductive health services constitute a serious attack on an important right guaranteed by law,” said Principal Deputy Assistant Attorney General Gupta. “The Justice Department will continue to vigorously prosecute those who seek to interfere with access to reproductive health care.”
“Our Constitution allows for a healthy debate on important issues of public concern,” said U.S. Attorney Luger. “Threatening the lives of health care workers is not a legitimate means of voicing dissent. Today’s guilty plea serves as an important reminder that our disagreements cannot devolve into violent threats.”
Harris faces a maximum penalty of one year in prison for each of the two counts.
This case is being investigated by the FBI, and is being prosecuted by Trial Attorney Risa Berkower of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Manda M. Sertich of the District of Minnesota.
Minnesota Resident Pleads Guilty to Threatening Two Clinics That Provide Reproductive Health ServicesRead the Press Release
WASHINGTON – Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division and U.S. Attorney Andrew M. Luger of the District of Minnesota announced today that Michael John Harris, 33, pleaded guilty to making telephonic threats to two clinics that provide reproductive health services in Minneapolis.
In connection with his plea, Harris admitted that on May 12, 2014, he made telephonic threats to two different health clinics in Minneapolis that provide reproductive health services. In his call to the first clinic, Harris threatened to kill the person on the other end of the call using his bare hands, and then cut the person’s head off with a band saw. In his call to the second clinic, Harris said he would kill the person on the other end of the call and everyone else who worked there, and that he was going to travel to the clinic and shoot everyone present. Harris admitted that he made these threats to intimidate people from obtaining or providing reproductive health services.
“Harris’s violent threats against clinics that provide reproductive health services constitute a serious attack on an important right guaranteed by law,” said Principal Deputy Assistant Attorney General Gupta. “The Justice Department will continue to vigorously prosecute those who seek to interfere with access to reproductive health care.”
“Our Constitution allows for a healthy debate on important issues of public concern,” said U.S. Attorney Luger. “Threatening the lives of health care workers is not a legitimate means of voicing dissent. Today’s guilty plea serves as an important reminder that our disagreements cannot devolve into violent threats.”
Harris faces a maximum penalty of one year in prison for each of the two counts.
This case is being investigated by the FBI, and is being prosecuted by Trial Attorney Risa Berkower of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Manda M. Sertich of the District of Minnesota.
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Milwaukee Man Pleads Guilty to Filing False Income Tax Returns and Identity TheftRead the Press Release
Gregory J. Haanstad, the United States Attorney for the Eastern District of Wisconsin announced that James Ainsworth (age 39) of Milwaukee pleaded guilty in federal court to filing false federal income tax returns and aggravated identity theft in connection with the filing of those returns.
This prosecution stems from an investigation by the Internal Revenue Service Criminal Division that identified approximately 30 tax returns that fraudulently sought tax refunds based on false wages, tax information, and business losses. Many of the returns provided false wage and tax information purporting to be from employment at a defunct business Ainsworth formed with his brother. Other returns provided false wage and tax information from legitimate employers, who had never employed the indicated taxpayers. The fraudulent refunds sought by the returns were frequently directed to bank accounts controlled by Ainsworth or his mother. Based on the false returns filed by Ainsworth, the IRS issued more than $95,000 in tax refunds.
The identity theft charge is based on a false tax return filed by Ainsworth in the name of a woman who had applied to rent an apartment Ainsworth owned. As part of the application process, the identity theft victim provided Ainsworth with her name, address, and social security number. Unbeknownst to her, Ainsworth used this information, along with false income and tax information, to file a false refund claim in her name. The return indicated that the refund should be directly deposited to a bank account maintained in the name of Ainsworth’s mother and over which he had access and control.
Based on his guilty pleas, Ainsworth faces a minimum of two years in prison and a maximum of up to seven years in prison, a fine of up to $250,000, and up to three years of supervised release. In addition, Ainsworth must pay restitution to the IRS in the amount of $95,775. Ainsworth is scheduled to be sentenced on June 16, 2016.
This matter was investigated by the Internal Revenue Service-Criminal Investigations. The case was prosecuted by Assistant United States Attorney Elizabeth Monfils.
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Middleburgh Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Edward Werner, age 51 of Middleburgh, New York, pled guilty today to receiving child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation.
Werner faces at least 5 years and up to 20 years in prison, and a term of post-imprisonment supervised release of between 5 years and life, when he is sentenced on July 6, 2016 by U.S. District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Werner will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and the Colonie Police Department, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Mexican Man Charged with Conspiring to Import Liquid MethamphetamineRead 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 Alfredo Alonso Ramirez, 24, a citizen of Mexico, was arrested and charged by criminal complaint with conspiring to import liquid methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Edward H. White, who is handling the case, stated that according to the complaint, on February 18, 2016, Customs and Border Protection officers searched a Federal Express overnight international mail package sent from Mexico to Alfredo Alonso Ramirez at 5461 McLernon Road in East Bethany, NY. Officers discovered two bottles containing approximately 851.6 grams (approximately 30 ounces) of a liquid substance that field tested positive for methamphetamine.
On February 22, 2016, an undercover law enforcement officer delivered a package containing sham liquid methamphetamine to the listed address. The defendant accepted the package at the residence. Officers then executed a search warrant at the residence and the package with the two bottles of sham liquid methamphetamine was found opened on the first floor of the house. Ramirez was later arrested.
The defendant made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained.
The criminal complaint is the culmination of an investigation on the part of Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero and Customs and Border Protection, under the direction of Rose Hilmey, Acting Director of Field Operations.
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.
Mexican Citizen Illegal Re-Entry and Failure to Register as A Sex Offender 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 Jose Maria Agustin, 34, a native and citizen of Mexico, most recently of Elba, NY, was arrested and charged by criminal complaint with re-entry after deportation subsequent to an aggravated felony conviction and failure to register as a sex offender. The charges carry a maximum penalty of 20 years in prison.
Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that according to the complaint, in 2009 the defendant was convicted in California of two counts of Forcible Rape and one count of Assault with a Deadly and sentenced to five years in prison. After serving that sentence, Agustin was removed from the United States and sent back to Mexico. As a result of the rape conviction, the defendant was permanently barred from returning to the United States.
In December 2015, Agustin was found working in the United States without permission to re-enter the United States and without employment authorization. The defendant was required to register as a sex offender in California and had not registered as a sex offender in New York State.
Agustin made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained.
The criminal complaint is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director, and the Genesee County Sheriff’s Office, under the direction of Sheriff Gary Maha.
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.
Methamphetamine Traffickers SentencedRead the Press Release
ABILENE, Texas — An Abilene, Texas, man, Ruben Soliz, 24, was sentenced today by Chief U.S. District Judge Jorge A. Solis to 60 months in federal prison, following his guilty plea in December 2015 to one count of possession with intent to distribute five grams or more of methamphetamine, announced U.S. Attorney John Parker of the Northern District of Texas.
Three co-defendants also charged in the case, Abilene residents, Andrew Dean Cruz, 30, and Roberto Carlos Villarreal, 31, and San Angelo, Texas, resident, Richard Louis Martinez, 27, each pleaded guilty last year to one count of conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine. Cruz and Villarreal were each sentenced to 132 months in federal prison, and Martinez was sentenced to 120 months.
According to documents filed in the case, from approximately November 1, 2013 to August 18, 2014, Cruz, Villarreal and Martinez were involved in a conspiracy to distribute methamphetamine in the Abilene area. At times, Cruz distributed the methamphetamine from his residence that was located within 1000 feet of Ortiz Elementary School in Abilene.
Soliz admitted, according to filed documents, that in April 2014, he sold one ounce of methamphetamine to another individual.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Texas Department of Public Safety – Criminal Investigations Division investigated the case. Assistant U.S. Attorney Juanita Fielden was in charge of the prosecution.
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Marion County, WV man admits to selling cocaine near local universityRead the Press Release
CLARKSBURG, WEST VIRGINIA – Bennie Kyle, 60, of Fairmont, West Virginia, pled guilty to cocaine trafficking today in federal court, United States Attorney William J. Ihlenfeld, II, announced.
Kyle sold cocaine base in June 2015 near Fairmont State University in Marion County, West Virginia. He pled guilty today to one count of “Distribution of Cocaine Base within 1,000 feet of a Protected Location.” He faces between one and forty years in prison and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The Three Rivers Drug Task Force investigated.
U.S. District Judge Irene M. Keeley presided.
Manufacturer of Defective North Carolina Bridge Parts Pleads Guilty to Conspiracy and PerjuryRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announces that SANTIAGO DE LA TORRE, 45, of Joliet, Illinois, pleaded guilty today to Counts One and Seventeen of the indictment, which charge him with Conspiracy to Make False Statements Concerning Highway Projects, and Perjury.
The indictment alleged that SANTIAGO DE LA TORRE and his brother, Joel De La Torre, residents of Illinois, opened a business called Delgado Elastomeric Bearings Corporation (DEBC). Through DEBC, the defendant and his brother manufactured and sold elastomeric bridge bearings, which are effectively shock absorbers for bridges. The defendant and his brother sold the bearings for use by multiple North Carolina highway contractors on numerous bridges in the state.
Joel De La Torre previously pled guilty on April 16, 2015 to one count of Making False Statements Concerning Highway Projects and Aggravated Identity Theft; aiding and abetting.
The indictment alleges that between 2009 and October of 2011, SANTIAGO DE LA TORRE and Joel De La Torre carried out a scheme to manufacture and sell bridge bearings on federal and state highway contracts in North Carolina as though an individual, identified as “A.D.,” was a vice president of DEBC with knowledge of the company’s operations. In fact, A.D. was a minor who was paid a wage by SANTIAGO DE LA TORRE and Joel De La Torre. A.D. had no knowledge or training in how to manufacture Bridge Bearings. A.D. was not, to his knowledge, a vice president of DEBC. The indictment further alleged that the defendant and his brother forged an application with the State of North Carolina to be able to supply bridge bearings on highway projects within the state.
The indictment further alleged that with each shipment of bridge bearings, SANTIAGO DE LA TORRE and his brother falsified various documents concerning the quality and testing of the bridge bearings. The indictment alleged that the certifications were false and fraudulent for various reasons, including the fact that SANTIAGO DE LA TORRE and Joel De La Torre fabricated the test results listed in the certifications.
The indictment further alleges that federal and state construction contractors received and relied upon the false and fraudulent certifications.
With respect to the count of perjury, the indictment alleges that SANTIAGO DE LA TORRE lied to the federal grand jury sitting in this District. At that time, the grand jury was engaged in an investigation concerning who created the false certifications.
The maximum punishment for the count of Conspiracy to Make False Statements Concerning Highway Projects, and the count of Perjury, is up to five years in prison for each count, a $250,000.00 fine for each count, and 3 years of supervised release.
The investigation of this case was conducted by the Federal Bureau of Investigation and the United States Department of Transportation, Office of the Inspector General. Assistant United States Attorney William M. Gilmore represents the United States.
Madison Man Sentenced to 92 Months in Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today that Isaac Lawrence, 31, of Madison, Illinois, was sentenced in federal district court in East St. Louis for the crime of Conspiracy to Distribute Methamphetamine.
Lawrence was sentenced to 92 months’ imprisonment, 3 years’ supervised release, a $100 special assessment, and a fine of $500, following his plea of guilty, on November 20, 2015. The charges relate to incidents that occurred in March, 2015, when Lawrence and a co-defendant traveled to California to buy methamphetamine; they then mailed the methamphetamine to East St. Louis, Illinois. Lawrence was arrested after U.S. Postal Inspectors became suspicious of the package and obtained a warrant to search the package, in which they found approximately 235 grams of methamphetamine.
The case was investigated by members of the Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Stephen B. Clark.
Luzerne County Man Sentenced to 14 Years in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Luzerne County man was sentenced today by Senior U.S. District Court Judge James M. Munley in Scranton, to 14 years in prison for participating in a heroin trafficking conspiracy that operated in Luzerne County during February through October 2014.
According to United States Attorney Peter Smith, the defendant, Desmond Mercer, age 28, previously pleaded guilty to conspiring with others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Mercer in his plea acknowledged distributing more than 700 grams of heroin and playing a leadership role in the conspiracy. During part of the conspiracy, Mercer ran the drug operation while an inmate at the Luzerne County Prison.
Mercer was indicted by a federal grand jury in Scranton in October 2014, as a result of an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kingston Police, Plymouth Police and the Luzerne County District Attorney’s Office. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
All six defendants charged in the conspiracy have pleaded guilty. Co-defendant Shaliek Stroman, another Luzerne County resident, was sentenced by Judge Munley to more than 12 years in prison for his role in the conspiracy. New Jersey resident Antuan Jamison was sentenced to five years in prison. Corey Wortham, from Alabama, who played a minor role in the conspiracy, was sentenced to 18 months in prison. Co-defendants Shaquan Murphy and Megan Fox are awaiting sentencing in the case.
Judge Munley also ordered Mercer to serve three years on supervised release following his prison sentence. Mercer was also ordered to forfeit more than $7000 in cash and a vehicle seized by agents during the investigation.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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Local Chiropractor and Billing Assistant Sentenced on Health Care Fraud ChargesRead the Press Release
St. Louis, MO – Dr. Donald Havey was sentenced to 51 months in prison and ordered to pay restitution of $2,276,221 on charges involving a scheme to bill Medicare for expensive custom ankle-foot orthotics that were never provided to the patients. His billing assistant, Susan Reno, was sentenced earlier to five years of probation and ordered to pay restitution of $10,571.
According to court documents, Havey owned and operated companies that sold orthotic devices through Spinal Decompression of Chesterfield; Senior Care, Inc.; Advanced Custom Orthotics, Inc.; and Missouri Custom Orthotics. Susan Reno and her company, Pinnacle Billings and Collections, provided billing services for Havey and each of his companies.
Beginning in 2009 and continuing to 2014, Dr. Havey defrauded Medicare, Medicaid, other public and private health insurance companies and patients by submitting false reimbursement claims for custom orthotic boots. The boots actually provided to the patients did not contain the custom features described in the reimbursement claims. Dr. Havey employed chiropractors to market his “Fall Prevention Program” to nursing homes and to sell the orthotic boots in Missouri and other states, including Texas, Alabama, California, Georgia, Illinois, Kentucky, Massachusetts, Mississippi, Oklahoma, Rhode Island and Tennessee. Dr Havey and the chiropractors employed by him told the nursing homes that the program would reduce falls by almost 20% and would improve the patients’ quality of life, but deliberately concealed from the nursing homes that the real purpose of the program was to sell orthotic boots to nursing home patients. Dr. Havey also told the nursing homes that there would be little or no cost to the patients, when he knew that a Medicare patient could be charged as much as $500 if the patient did not have supplemental insurance.
Dr. Havey knew Medicare would scrutinize any company that submitted claims for a large number of very expensive orthotic boots, so he attempted to conceal from Medicare the number of orthotic boots that he and his companies were selling. To accomplish this, Dr. Havey and Susan Reno submitted false claims under several of the companies. As an example, a chiropractor assessed and ordered orthotics for five Medicare patients residing in the same facility on the same day. Dr. Havey and Susan Reno submitted two of the residents’ claims to Medicare using Advanced Custom Orthotics as the supplier and the other three were billed to Medicare using Senior Care Orthotics as the supplier.
Medicare paid Dr. Havey between $2,400 and $2,600 for each pair of orthotics boots. The loss to Medicare, Medicaid and the private insurance companies was over $2.2 million.
Havey, St. Louis County, MO, pled guilty in October to one felony count of health care fraud and appeared this morning for sentencing before United States District Judge John A. Ross. Susan Reno, St. Louis County, MO, pled guilty in October to one misdemeanor count of submitting false reimbursement claims to Medicare and was sentenced in January to five years of probation and ordered to pay restitution of $10,571.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation and the Missouri Medicaid Fraud Control Unit. Assistant United States Attorney Dorothy McMurtry handled the case for the U.S. Attorney’s Office.