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Thursday 14 January 2016
Senior State Prosecutor Appointed Asst. United States AttorneyRead the Press Release
PROVIDENCE, R.I. – Ronald R. Gendron, an Assistant Attorney General with the Rhode Island Department of the Attorney General since 1991, has been appointed by United States Attorney Peter F. Neronha to the position of Assistant United States Attorney.
During his twenty-five year career as a state prosecutor, Mr. Gendron served in numerous capacities, including Chief of the White Collar and Public Corruption Unit and Chief of the Firearms Unit. He prosecuted a wide variety of criminal cases, including firearms, narcotics, organized crime, gang-related, financial, public corruption and computer/Internet crimes.
Additionally, while serving as a state prosecutor, Mr. Gendron was cross-designated a Special Assistant United States Attorney, and prosecuted federal technology–facilitated crimes against children under Project Safe Childhood. Mr. Gendron was also a liaison between the Attorney General’s Office and the United States Attorney’s Office for the implementation of Project Safe Neighborhoods.
United States Attorney Peter F. Neronha commented, “I am immensely pleased to welcome Ron Gendron to the United States Attorney’s Office. He has dedicated his life to public service, performing superbly and honorably during his many years as a state prosecutor. His experience and talent, and unquestioned integrity, will continue to serve the people of Rhode Island exceptionally well as a member of this office.”
Mr. Gendron graduated magna cum laude from Boston College. He earned his Juris Doctor at Villanova University School of Law. He served as a Judicial Law Clerk at the Rhode Island Supreme Court for the Honorable Thomas F. Kelleher, Senior Associate Justice.
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Contact:
Jim Martin (401) 709-5357
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San Joaquin County Man Charged with Trafficking in Counterfeit Sports Apparel and Other Counterfeit GoodsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Seyyed Ali Noori, 48, of Mountain House, charging him with trafficking and attempted trafficking in counterfeit goods, United States Attorney Benjamin B. Wagner announced.
According to court documents, Noori owned and operated Goldstar Wholesale LLC, a wholesale and retail business selling apparel, accessories and other goods. Noori he stored Goldstar’s inventory in a warehouse in Tracy and sold Goldstar’s goods from the warehouse and also from a reserved space at the Galt Flea Market. Court documents allege that in December 2013, Noori intentionally trafficked and attempted to traffic in goods that had counterfeit trademarks belonging to the Oakland Raiders, the San Francisco 49ers, the San Francisco Giants, and Monster Energy.
This case is the product of an investigation by the Sacramento Intellectual Property Rights Task Force. Department of Justice Trial Attorneys Aaron Cooper and Timothy Flowers are prosecuting the case, with assistance from Assistant U.S. Attorney Shelley D. Weger.
If convicted, Noori faces a maximum statutory penalty of 20 years in prison and a $4 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
San Francisco Man Pleads Guilty to International Methamphetamine ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NASER YOUSEF GHEITH, a/k/a “Nick,” age 37, from San Francisco, California, pled guilty yesterday to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine.
According to court documents, GHEITH was a member of a methamphetamine distribution ring that extended from California to Louisiana and Germany. The seizures in this case included approximately two pounds of methamphetamine recovered in Texas from a vehicle that was en route from San Francisco to New Orleans, as well as shipments of methamphetamine that were intercepted in Cologne, Germany, by the German Customs Investigation Bureau (the Zollkriminalamt or ZKA).
GHEITH is the second of three defendants to have pled guilty in this case. Previously, CHRISTOPHER BYRON FRITCHIE pled guilty to conspiracy to distribute 50 grams or more of methamphetamine. Sentencing for CHRISTOPHER BYRON FRITCHIE is set for April 20, 2016. A third defendant, RYAN ERNST NYBERG, is still at large and is believed to be residing in Germany.
GHEITH faces a mandatory minimum term of twenty years in prison and maximum of life imprisonment, followed by a minimum of ten years supervised release, and a maximum fine of $20,000,000. There is also a mandatory $100.00 special assessment associated with this guilty plea. U.S. District Judge Stanwood R. Duval, Jr. set sentencing for April 20, 2016.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration (DEA). The DEA New Orleans Division Office investigated this case with assistance from the DEA Frankfurt, Germany Country Office and the DEA San Francisco Division Office. Assistance was also provided by the German Customs Investigation Bureau (the Zollkriminalamt or ZKA) and the Texas Department of Public Safety. Assistant United States Attorneys Matthew Payne and Maria Carboni are in charge of the prosecution.
Sacramento Man Indicted for Terrorism OffenseRead the Press Release
SACRAMENTO, Calif. — A Sacramento grand jury returned an indictment today charging Aws Mohammed Younis Al-Jayab, 23, of Sacramento, with one count of making a false statement involving international terrorism, Assistant Attorney General for National Security John P. Carlin and United States Attorney Benjamin B. Wagner announced.
Al-Jayab is in custody and is scheduled for arraignment on January 22, 2016, at 2:00 PM in courtroom 25 before U.S. Magistrate Judge Kendall J. Newman. Al-Jayab was arrested by criminal complaint on Jan. 7, 2016.
According to the indictment, on Oct. 6, 2014, Al-Jayab was interviewed by U.S. Citizenship and Immigration Services and indicated that he had not ever: been a member of any rebel group or militia; provided material support for any person or group engaged in terrorist activity; and been a member of a group, or assisted in a group, which used or threatened the use of weapons against others. Al-Jayab also allegedly stated during the interview that he had traveled to Turkey in late 2013 and early 2014 to visit his grandmother. The indictment alleges that all of the aforementioned statements are false.
If convicted, Al-Jayab faces a maximum statutory penalty of eight years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Federal Bureau of Investigation and the Sacramento Joint Terrorism Task Force (JTTF), a team of federal, state, and local law enforcement agents and officers investigating domestic and international terrorism. Assistant United States Attorney Jill Thomas and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section are prosecuting the case. The investigation is ongoing.
Sharpsburg Man Sentenced for Conspiracy to DistributeRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that on January 11, 2016 in federal court, Chief United States District Judge James C. Dever III sentenced ARLO T. WRIGHT, 40, of Sharpsburg, North Carolina, to 30 months imprisonment, followed by 3 years of supervised release.
WRIGHT was named in a Criminal Information filed on July 15, 2015, charging him with conspiracy to distribute and possess with the intent to distribute a quantity of cocaine base (crack). WRIGHT pleaded guilty to that charge on August 17, 2015.
According to the investigation, the Nash County Sheriff’s Department utilized a confidential informant to buy two ounces of crack cocaine from WRIGHT on December 10, 2013, at WRIGHT’s residence in Sharpsburg, North Carolina. On December 16, 2013, the confidential informant bought another two ounces of crack cocaine from WRIGHT at WRIGHT’s residence. During both of the controlled buys, the confidential informant was provided with audio and video equipment to record the transactions.
Investigation of this case was conducted by the Nash County Sheriff’s Office and the Drug Enforcement Administration. Assistant United States Attorney Dena J. King represented the government.
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News releases are available on the U. S. Attorney’s webpage at www.usdoj.gov/usao/nce within 48 hours of release.
Rosebud Man Sentenced for Knife AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on January 7, 2016, by U.S. District Judge Roberto A. Lange.
Rodney Roubideaux, age 22, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Roubideaux was indicted for assault with a dangerous weapon and assault resulting in serious bodily injury by a federal grand jury on June 9, 2016. He pled guilty on October 7, 2015.
On May 9, 2015, Roubideaux was drinking alcohol at a home in Ring Thunder, South Dakota. Several other adults were also drinking at the home. Roubideaux became agitated and complained that an individual shook his hand too hard. Roubideaux and the individual argued over the handshake. Everyone continued to socialize in the kitchen and Roubideaux stood by himself in the corner of the kitchen. Without provocation, Roubideaux turned quickly toward the individual he had argued with and stabbed him in the back with a kitchen knife. Roubideaux then came at another individual who was able to knock the knife out of Roubideaux’s hand. That individual sustained a cut on his left arm from the knife when he struggled with Roubideaux.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 6, 2016, by U.S. District Court Judge Roberto A. Lange.
Damon Has Horns, age 34, was sentenced to 13 months in custody, 5 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Has Horns was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 9, 2015. He pled guilty on November 16, 2015.
Between August 19, 2015, and September 1, 2015, Has Horns, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Todd County and elsewhere.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Has Horns was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting Federal OfficersRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of two counts of Assaulting a Federal Officer was sentenced on January 4, 2016, by U.S. District Court Judge Roberto Lange.
Joshua One Star, age 23, was sentenced to 24 months in custody for each count of assaulting a federal officer to be served concurrently, 2 years of supervised release for each count to be served concurrently, and a $200 special assessment to the Federal Crime Victims Fund.
One Star was indicted by a federal grand jury on April 14, 2015. He pled guilty on October 7, 2015.
On February 23, 2015, a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) Officer responded to a dispatch call regarding possible domestic violence occurring in a vehicle, and located One Star who was driving with a female passenger. After a brief conversation with the officer, One Star drove the car at a high rate of speed out of the parking lot. The officer and other RSTLES officers followed One Star in their patrol units and a car chase ensued.
One Star led law enforcement officers on a high speed car chase for over 90 minutes. Throughout the chase, One Star drove at speeds of up to 90 miles per hour through the Rosebud Reservation and made several evasive maneuvers. At one point during the chase, the officer drove her patrol vehicle beside the vehicle being driven by One Star, and he swerved his vehicle toward her vehicle. The officer was able to maneuver her vehicle to avoid a collision. The car chase ended when One Star’s vehicle ran over spike strips deployed by law enforcement and came to a stop. One Star was arrested and transported to the Adult Correctional Facility in Rosebud.
On March 9, 2015, One Star, while in custody, complained of issues relating to a medical procedure on his jaw. One Star was taken by law enforcement to the Indian Health Services hospital in Rosebud in order to receive medical attention. A RSTLES Officer escorted One Star to the hospital. While at the hospital, the officer removed One Star’s wrist and leg restraints for a short time in order for One Star to use the bathroom. One Star exited the bathroom, assaulted the officer, and then fled the building and escaped custody.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
River Ridge Man and His Harahan-Based Company Sentenced for Manufacturing and Selling Pirated Mercedes-Benz SoftwareRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RAINER WITTICH, age 66, of River Ridge, and his Harahan, Louisiana-based aftermarket auto parts distributor, THE BRINSON COMPANY (“TBC”), were each sentenced today after previously pleading guilty to criminal copyright infringement and conspiracy to commit criminal copyright infringement and to violating the Digital Millennium Copyright Act, respectively .
United States District Judge Nannette Jolivette Brown sentenced WITTICH and TBC to five years of probation. In addition, TBC was ordered to forfeit $150,000 and assist the victim, Daimler AG (parent company of Mercedes-Benz), in compiling a list of all customers to whom it provided the infringing devices or software, and WITTICH was ordered to pay a $3,000 fine.
According to court documents, WITTICH owned TBC, which sold replacement parts and diagnostic equipment for Mercedes-Benz vehicles. According to TBC’s plea agreement, beginning in about 2001, in conjunction with two other companies, TBC began developing, manufacturing and selling non-authentic versions of the Mercedes-Benz Star Diagnostic System (SDS), a portable tablet-type computer that contains proprietary software created by Mercedes-Benz to diagnose and repair its automobiles and that requires a code or “license key” to access. TBC admitted that, without authorization, it obtained Mercedes-Benz SDS software and updates, modified and duplicated the software, and installed the software on laptop computers (which served as the SDS units).
TBC further admitted that, not later than June 2010, it began purchasing software for the non-authentic SDS units as well as updates and “patches” for the software from an individual in the United Kingdom. TBC admitted that, after Mercedes-Benz notified the United Kingdom-based individual that his conduct was in violation of the law, representatives of TBC and the co-conspirator companies discussed plans to have him “go underground and off the radar” and continue to provide assistance and support in the production of non-authentic SDS units.
A genuine SDS unit sold for up to $22,000, and purchasers of the SDS paid Mercedes-Benz several thousands of dollars per year to receive regular software updates. According to TBC’s plea agreement, a non-authentic SDS unit sold for up to $11,000. TBC admitted that, in total, it sold approximately 725 non-authentic SDS devices, and that one of its co-conspirators sold at least 95 devices.
The case was investigated by the Cyber Task Force of the FBI’s New Orleans Division. The case was prosecuted by Assistant United States Attorneys Jordan Ginsberg and Myles Ranier and Senior Counsel Evan Williams of the Criminal Division’s Computer Crimes and Intellectual Property Section.
Rapid City Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register was sentenced on January 11, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Curtis New Holy, age 24, was sentenced to 7 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
New Holy was indicted for Failure to Register by a federal grand jury on July 21, 2015. He pled guilty on August 26, 2015.
Between May 23, 2015, and June 12, 2015, New Holy was required to register under the Sex Offender Registration and Notification Act and failed to do so.
This case was investigated by United States Marshals. Assistant U.S. Attorney Megan Poppen prosecuted the case.
New Holy was immediately turned over to the custody of the U.S. Marshals Service.
President of Heir Location Services Provider to Plead Guilty for Agreement Not to CompeteRead the Press Release
Second Individual to Agree to Plead Guilty in Ongoing Investigation
The owner and President of a Massachusetts-based heir location services provider has agreed to plead guilty to allocating customers with another heir location services firm, the Department of Justice announced today.
Richard A. Blake Jr. will plead guilty to conspiring to eliminate competition in the heir location services industry between 1999 and 2014. Heir location services firms identify people who may be entitled to an inheritance from the estate of a relative who died without a will. The heir location services firms then help heirs secure their inheritances in exchange for a contingency fee paid out of the inheritances they are due to receive.
“Here the death of a relative was used by heir location service firms to line their pockets at the expense of their clients,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “This announcement is another step in bringing to justice those who conspired to cheat heirs of those who died without a will.”
Under the plea agreement, Blake and the department have jointly agreed to allow the court to determine an appropriate criminal sentence. In addition, Blake has agreed to assist the government in its ongoing investigation. The charge was filed today in the U.S. District Court for the Northern District of Illinois. The terms of the plea agreement are subject to approval of the court.
The charge against Blake is the result of the division’s ongoing federal antitrust investigation into customer allocation, price fixing, bid rigging and other anticompetitive conduct in the heir location services industry being conducted by the Antitrust Division’s Chicago Office and the FBI’s Salt Lake City Division, with assistance from the U.S. Attorney’s Office of the Northern District of Illinois.
Anyone with information concerning the focus of this investigation should contact the Antitrust Division’s Chicago Office at 312-984-7200, visit www.justice.gov/atr/contact/newcase.html, or call the FBI’s Salt Lake City office at 801-579-1400.
Richard A. Blake Jr. Information (718.67 KB)
Porcupine Man Indicted for Unlawful Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Firearm Offense, Possession of Unregistered Firearm, and Possession of Firearm by a Prohibited Person.
Isiah K. Coleman, age 24, was indicted on December 15, 2015. Coleman appeared before U.S. Magistrate Judge Daneta Wollmann on January 13, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Coleman using a Marlin .22 rifle during a drug trafficking crime on August 21, 2015, at Rapid City.
The charges are merely accusations and Coleman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Coleman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 22, 2016.
Philadelphia Man Charged with Robbing Cell Phone StoresRead the Press Release
PHILADELPHIA - Samuel Robinson, 29, of Philadelphia, Pennsylvania, was charged by indictment with robbing two Metro PCS stores in Philadelphia, announced United States Attorney Zane David Memeger. Robinson is charged with two counts of Hobbs Act robbery, using, carrying, and brandishing a firearm during a crime of violence, and possession of a firearm by a convicted felon. According to the indictment, on October 28, 2015, Robinson robbed the Metro PCS store at 6443 Frankford Avenue and the store at 4229 N. Broad Street, in Philadelphia.
If convicted the defendant faces a mandatory minimum term of 32 years in prison with a maximum possible sentence of life, a possible fine, restitution, a $500 special assessment and up to five years of supervised release.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Yvonne Osirim.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Kidnapping People for ATM AccessRead the Press Release
PHILADELPHIA - Nathaniel Rodriguez, 40, of Philadelphia, PA was charged today by indictment with two counts of kidnapping, announced United States Attorney Zane David Memeger. According to the indictment, on November 6, 2015, Rodriguez forced K.J. to accompany him to an ATM machine and use that machine to take money from K.J.’s account. It is further alleged that on November 11, 2015, Rodriguez forced P.M.N.L. to drive him to an ATM machine and attempted to use that machine to take money from P.M.N.L.’s account.
If convicted the defendant faces a maximum possible sentence of life in prison.
The case was investigated by the Federal Bureau of Investigations and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Arlene Fisk.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged in Bank RobberyRead the Press Release
PHILADELPHIA - John Pistilli, 50, of Philadelphia, PA, was charged today by indictment with bank robbery, announced United States Attorney Zane David Memeger. According to the indictment, on December 23, 2015, Pistilli handed a robbery note to a teller at the TD Bank, at 2520 Grant Avenue in Philadelphia, that read “This is a robbery Put large bills in this envelope – No dye packs no transmitter we have a weapon”.
If convicted the defendant faces a maximum possible sentence of 20 years in prison, a $250,000 fine, and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Arlene Fisk.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Man Pleads Guilty to Cyberstalking and “Sextorting” Massachusetts College StudentRead the Press Release
BOSTON – A Pennsylvania man pleaded guilty today in U.S. District Court in Boston to engaging in a “sextortion” campaign against a Boston-area college student.
James F. Connor V, 20, of West Chester, Penn., pleaded guilty to one count of cyberstalking and one count of extortion. U.S. District Court Judge William G. Young scheduled sentencing for April 7, 2016.
In 2012, Connor and the victim met through social media and developed an online relationship. In the course of that relationship, the victim sent Connor naked pictures of herself through Snapchat and engaged in sexually explicit video chats with him using FaceTime. Connor preserved many of these images without her consent. After the relationship ended, Connor attempted to continue communications with the victim and initiated a campaign of harassment and intimidation. He threatened to harm her physically and harm her reputation by publicly disseminating the sexually explicit images. Connor also repeatedly threatened to commit suicide if the victim did not take his calls, and sent her pictures of him holding a knife to his throat with blood, which was later determined to be fake, dripping down his neck.
In September 2015, Connor escalated his campaign of harassment when he began blackmailing the victim and threatening to send the sexually explicit images to her parents and Twitter followers if she did not send additional naked pictures and engage in sexually explicit video chats with him. As part of Connor’s cyberstalking and sextortion campaign, he sent the victim a detailed list of sexual demands, which included, among other things, that she send him five sexually explicit pictures and have five sexually explicit video chat sessions per week over a five week period. Connor also insisted that she break up with her current boyfriend.
Connor frequently employed a telephone and text message spoofing, or anonymizing, application that allows users to easily change telephone numbers to conceal their identity. In October 2015, Connor was arrested and charged via criminal complaint after the victim reported the threats and prior pattern of harassment to law enforcement authorities.
The charge of cyberstalking carries a sentence of no greater than five years in prison, three years supervised release and a fine of $250,000. The charge of extortion provides for a sentence of no greater than two years in prison, one year supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz, Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Jordi de Llano of Ortiz’s Major Crimes Unit.
Parkersburg man latest to be prosecuted in Federal court as part of major drug investigationRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today in federal court to four and a half years for possession with intent to distribute heroin and methamphetamine, announced Acting United States Attorney Carol Casto. Joshua Neal McVey, 32, previously pleaded guilty in October of 2015 to the federal drug crime.
On January 7, 2015, in conjunction with an investigation by the West Virginia State Police of McVey’s drug dealing in Wood County, drug task force officers executed a search warrant at McVey’s residence on Myrtle Road in Parkersburg. Among other items, police seized approximately 19 grams of heroin, 16 grams of methamphetamine, and 1,895 grams of marijuana, along with scales and packaging materials.
Other individuals prosecuted as part of this investigation include Brent J. Sidwell, who pleaded guilty in April of 2015 to conspiracy to distribute more than 100 kilograms of marijuana; Timothy Fields, who was sentenced to six years in federal prison for conspiracy to distribute cocaine and marijuana; David Naylor, who pleaded guilty to conspiracy to distribute marijuana; and Dustin Jarvis, who was sentenced to eight years in federal prison for possession with intent to distribute heroin and cocaine.
The investigation of this case resulted from ongoing cooperation between the West Virginia State Police; the Parkersburg Drug and Violent Crime Task Force; the Wood County Sheriff’s Department; the Washington County, Ohio, Major Crimes Task Force; and the Internal Revenue Service. Assistant United States Attorney Joshua Hanks is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
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Otero County Man Pleads Guilty to Violating the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – David Ausborn Hiles, 48, of La Luz, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to being a felon in possession of firearms and ammunition. Under the terms of his plea agreement, Hiles will be sentenced to a prison term not to exceed 70 months followed by a term of supervised release to be determined by the court.
Hiles was arrested in Feb. 2015, on a criminal complaint charging him with being a felon in possession of firearms and ammunition. The complaint alleged that Hiles unlawfully possessed 36 firearms and ammunition at his residence in Otero County, N.M., on Nov. 25, 2014. According to the criminal complaint, the New Mexico State Police found the firearms and ammunition while executing a search warrant at Hiles’ residence.
Hiles was subsequently indicted on the same charge on April 14, 2015. The indictment noted that Hiles was prohibited from possessing either firearms or ammunition because he previously has been convicted of the felony offenses of attempting to manufacture methamphetamine, tampering with evidence, aggravated assault with a deadly weapon and intimidation of a witness.
During today’s proceedings, Hiles pled guilty to a felony information charging him with being a felon in possession of firearms and ammunition. Hiles admitted that on Nov. 25, 2014, he was in possession of 36 firearms and approximately 15,000 rounds of miscellaneous ammunition. Under the terms of his plea agreement, Hiles will forfeit the firearms and ammunition.
Hiles remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police, with assistance from the 12th Judicial District Attorney’s Office for the State of New Mexico. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.
Ohio Couple Charged with Tax EvasionRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that tax evasion charges were filed yesterday against the owners of a cemetery business in Pennsylvania and Ohio.
According to U.S. Attorney Peter Smith, Theodore Martin, age 51, and his wife, Arminda Martin, age 44, of Ravenna, Ohio, operated three cemeteries, including Suburban Memorial Gardens in Dover, Pennsylvania, and Grandview Memorial Park and Fairview Memorial Park in Ohio. The Martins failed to report to the IRS all the income they received from the operations of the cemeteries located in Ohio. The Martins formerly resided in York County, Pennsylvania.
The investigation was conducted by the Internal Revenue Service, Criminal Investigations, and is assigned to Assistant U.S. Attorney Joseph J. Terz.
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 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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Oglala Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that an Oglala, South Dakota, man convicted of Aggravated Abusive Sexual Contact was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Dale Warrior, age 56, was sentenced to 48 months in custody, followed by five years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.
Warrior was indicted for abusive sexual contact by a federal grand jury on June 16, 2015. He pled guilty on August 24, 2015.
On September 27, 2014, in Oglala, Warrior knowingly engaged in and caused sexual contact with a person who had not attained the age of 12 years.
This case was investigated by the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Warrior was immediately turned over to the custody of the U.S. Marshals Service.
North Carolina Man Admits Participating in Uganda-based Counterfeit Currency SchemeRead the Press Release
PITTSBURGH - A North Carolina man pleaded guilty in federal court to of conspiracy and transferring counterfeit currency, United States Attorney David J. Hickton announced today.
Robert T. Dent, a/k/a Bullionaire, 30, pleaded guilty to two counts before United States District Judge Mark Hornak.
In connection with the guilty plea, the court was advised that Dent was a reshipper in the United States for the distribution of Ugandan manufactured counterfeit currency that was being sold online by an individual using the moniker Willy Clock.
Judge Hornak scheduled sentencing for May 13, 2016 at 9:30 a.m. The law provides for a total sentence of 25 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shardul S. Desai is prosecuting this case on behalf of the government.
The United States Secret Service, assisted by U.S. Postal Inspection Service and the Federal Bureau of Investigation, conducted the investigation that led to the prosecution of Dent.
Norfolk Man Pleads Guilty to Fraud Minutes Before Trial Was Set to BeginRead the Press Release
NEWPORT NEWS, Va. – Just minutes before jury selection was set to begin, Nader Elnegery, 41, of Norfolk, pleaded guilty today to charges of mail and wire fraud based on a scheme to defraud Canon, U.S.A. (Canon) and other companies of professional cameras and lenses.
In a statement of facts filed with the plea agreement, Elnegery admitted to falsely certifying his eligibility for membership in a program offered by Canon to professional photographers and filmmakers. Specifically, in 2013 and 2014, Elnegery applied for memberships in his own name and in the names of five aliases, falsely claiming to own several items of professional camera equipment that he had rented from a second company, ATS Rentals. Ownership of such equipment is the primary condition of membership in the Canon program. Elnegery then used the Canon memberships to obtain loans of high-end, professional cameras and lenses from Canon. Elnegery failed to return these items, as well as several items he had rented from ATS Rentals, resulting in significant losses to both companies. In March and April 2014, Elnegery sold the majority of these items in eBay auctions, collecting the proceeds from these sales through a PayPal account. Elnegery transferred the majority of the money he earned from these sales to his own checking account. The items not sold were recovered from Elnegery’s home.
Elnegery was indicted by a federal grand jury on July 14, 2015, and the trial was set to begin today. Elnegery faces a maximum penalty of 20 years in prison when he is sentenced on April 28, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Maria Kelokates, Acting Inspector in Charge of the U.S. Postal Inspection Service, Washington Division, made the announcement after the plea was accepted by U.S. District Judge Mark S. Davis. Assistant U.S. Attorneys Kaitlin C. Gratton and Brian J. Samuels are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:15c48.
New Haven Man Sentenced to 8 Years in Federal Prison for Robbing ATF Informant, Obstructing JusticeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that SHAQUIL GARY, 22, of New Haven, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 96 months of imprisonment, followed by five years of supervised release, for robbing an ATF informant.
According to court documents and statements made in court, on August 14, 2014, GARY arranged to meet an ATF informant near the intersection of Lamberton and Button Streets in New Haven to sell the informant a quantity of crack cocaine. Instead, when the two met at the location, GARY pulled out a firearm, took $150 in cash and a cell phone from the informant and fled. Law enforcement officers apprehended GARY later that day at a residence on Winthrop Avenue. By that time, he was no longer in possession of the firearm he used to commit the robbery.
GARY has been detained since his arrest. On July 22, 2015, he pleaded guilty to one count of armed robbery of a person in lawful control of property of the United States.
During today’s sentencing, Chief Judge Hall found that GARY also attempted to obstruct justice after he pleaded guilty. While incarcerated and awaiting sentencing in this matter, GARY made copies of a non-public case report and attempted to send it to friends and family members and instruct them to post it on Facebook and tell others that the individual identified in the report was cooperating with law enforcement officers.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Robert Spector.
New Haven Man Pleads Guilty to Federal Gun ChargeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that CHRISTOPHER DUNCAN, also known as “Woozer,” 30, of New Haven, pleaded guilty yesterday in New Haven federal court to one count of carrying of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, on November 20, 2014, law enforcement officers made a controlled purchase of PCP from DUNCAN in New Haven. After the purchase, investigators followed the car DUNCAN was driving to a store on Kimberly Avenue in New Haven and observed DUNCAN entering the store. Investigators then entered the store and placed DUNCAN under arrest. A subsequent court-authorized search of DUNCAN’s vehicle revealed a Ruger nine millimeter handgun with a large capacity clip, which was located on the floor in front of the driver’s seat.
DUNCAN was originally arrested on state drug and firearm offenses. On January 29, 2015, he was charged federally and has been ordered detained since that time.
DUNCAN is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant in Hartford on April 14, 2016, at which time he faces a mandatory term of imprisonment of five years.
DUNCAN has related charges pending in state court.
This matter has been investigated by Federal Bureau of Investigation, the New Haven Police Department and the Milford Police Department. The case is being prosecuted by Assistant U.S. Attorney Peter D. Markle.
Navajo Man from Utah Sentenced to Prison for Federal Involuntary Manslaughter Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Bradford J. Billy, 33, an enrolled member of the Navajo Nation who resides in West Jordan, Utah, was sentenced this morning in Albuquerque, N.M., to 46 months in federal prison followed by three years of supervised release for his involuntary manslaughter conviction.
Billy was arrested on Dec. 2, 2014, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, Billy killed the victim who was a passenger in Billy’s vehicle, when Billy crashed his vehicle while driving under the influence of alcohol. The crash occurred on Aug. 2, 2014, in a location within the Navajo Indian Reservation in San Juan County, N.M. Billy was subsequently indicted on the same charge on Dec. 16, 2014.
On Aug. 17, 2015, Billy pled guilty to the indictment and admitted killing the victim by driving recklessly on a gravel road while under the influence of alcohol. Billy acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating a vehicle. Billy also acknowledged that he operated the vehicle without using due caution and with a reckless disregard that imperiled the lives of others.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Kyle T. Nayback prosecuted this case.
Monroe County Man Pleads Guilty to Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man connected to a heroin trafficking ring that operated in Monroe County and elsewhere during 2012 through March 2015, pleaded guilty today before Senior U.S. District Court Judge James M. Munley in Scranton.
According to United States Attorney Peter Smith, William Young, age 36, pleaded guilty to conspiracy to distribute heroin and cocaine. Young admitted to traveling to New Jersey on several occasions to obtain a total of more than 80 grams of heroin, which is equivalent to approximately 2600 retail bags of heroin, for distribution to others in the Monroe County area.
Young was indicted by a federal grand jury in Scranton in March 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Monroe County.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for April 12, 2016. Young faces a potential maximum sentence of 20 years in prison.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
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 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.
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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Mission Man Acquitted of StrangulationRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man was acquitted of Assault by Strangulation and Suffocation as a result of a federal jury trial in Pierre, South Dakota, on January 6, 2016.
Thomas Espinoza, age 28, was indicted by a federal grand jury on July 14, 2015.
The charges stemmed from an alleged incident that occurred on June 7, 2015, when Espinoza allegedly assaulted a woman on the Rosebud Sioux Tribe Indian Reservation.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Attorney's Office prosecuted the case.
Midland Man Sentenced to 23 Years in Federal Prison for Role in Methamphetamine Intoxication DeathRead the Press Release
In Midland today, Senior United States District Judge Robert A. Junell sentenced 23–year-old Zane Paul O’Neal to 23 years in federal prison followed by ten years of supervised release after admitting to his role in the death of Sandy Brooke Franklin last year announced United States Attorney Richard L. Durbin, Jr., and Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, El Paso Division.
On October 22, 2015, O’Neal pleaded guilty to one count of distribution of methamphetamine that resulted in foreseeable death.
According to court records, on July 29, 2015, Sandy Brooke Franklin began exhibiting signs of illness while being held in the Midland County Jail. She informed the jail staff that she had previously concealed a quantity of methamphetamine prior to arriving at the facility and had subsequently swallowed the methamphetamine. Franklin was taken by jail staff to Midland Memorial Hospital where she later died.
On July 27, 2015, Franklin, who had an outstanding warrant for her arrest, was taken into custody following a traffic stop on a vehicle being driven by the defendant, O’Neal. Further investigation revealed that O’Neal was a methamphetamine supplier in the Midland area. By pleading guilty, O’Neal admitted to providing approximately three grams of methamphetamine to Franklin so she could hide it from law enforcement during the traffic stop. O’Neal further admitted that several hours after Franklin’s arrest, she called him and told him that she had “eaten” the methamphetamine. A recorded jail phone call from Franklin to O’Neal confirmed that O’Neal provided the methamphetamine to Franklin and directed her to ingest it. O’Neal, admittedly, did not notify anyone of Franklin’s condition.
This case was investigated by the DEA, the Midland Police Department and the Midland County Sheriff’s office. Assistant U.S. Attorney Brandi Young prosecuted this case on behalf of the Government.
Methamphetamine Distributor Sent to Prison for over Twenty YearsRead the Press Release
A man who was responsible for distributing ice methamphetamine and tampering with witnesses was sentenced today to more than 20 years in federal prison.
Troy Lawrence, 54, from Cedar Rapids, Iowa, received the prison term after an October 28, 2015, jury verdict finding him guilty of three counts: conspiracy to distribute at least 50 grams of ice methamphetamine; possession of at least 5 grams of ice methamphetamine with the intent to distribute; and witness tampering.
Evidence at trial showed Lawrence was involved in a drug trafficking organization responsible for distributing significant quantities of ice methamphetamine, a highly pure, crystalized form of methamphetamine, in Eastern Iowa. The organization, headed by Lawrence’s brother, Martin Lawrence, obtained ice methamphetamine from a source of supply located in Omaha, Nebraska. Investigators learned of the organization after Martin Lawrence’s step-son brought a stuffed animal containing methamphetamine to his elementary school.
Lawrence obtained ounce quantities of methamphetamine from his brother and distributed it to a network of customers in multiple gram quantities. After his arrest on federal charges, Lawrence instructed government witnesses to avoid contact with law enforcement in order to prevent these witnesses from testifying at their trial. Based on these instructions, Lawrence was found guilty of witness tampering.
During the same trial, Martin Lawrence was also convicted of conspiracy to distribute at least 50 grams of ice methamphetamine; distribution of at least 5 grams of ice methamphetamine with the intent to distribute; and witness tampering. Sentencing for Martin Lawrence will take place on a later date.
Lawrence was sentenced in Cedar Rapids by United States District Court Senior Judge Mark W. Bennett. Lawrence was sentenced to 262 months’ imprisonment. A special assessment of $300 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Lawrence is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Cedar Rapids Police Department, Drug Enforcement Administration, Linn County Sheriff’s Office, and the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-CR-0069.
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Mercer County, New Jersey, Man Sentenced to 70 Months in Prison for Cocaine Trafficking OffenseRead the Press Release
TRENTON, N.J. – A Mercer County, New Jersey, man was sentenced today to 70 months in prison for possessing with the intent to distribute 157 grams of cocaine base, U.S. Attorney Paul J. Fishman announced.
Donald Jackson, 32, of Trenton, previously pleaded guilty before U.S. District Judge Anne E. Thompson to an indictment charging him with possessing with intent to distribute 28 grams or more of cocaine base. Judge Thompson imposed sentence today in Trenton federal court.
According to documents filed in the case and statements made in court:
On Jan. 30, 2014, Jackson, who had been the target of an investigation led by detectives from the Mercer County Prosecutor’s Office, Special Investigations Unit, and officers from the Trenton Police Department, was apprehended in the parking lot of the Gregory Elementary School. A search of his vehicle – in which he had been traveling with two young children – revealed a loaded .45 caliber handgun with a defaced serial number, as well as a plastic bag containing 16 grams of cocaine base. On the same day, a search of an apartment to which Jackson had access and from which he operated his trafficking operations uncovered an additional 141 grams of cocaine base.
In addition to the prison term, Judge Thompson sentenced Jackson to five years of supervised release and fined him $1,000.
U.S. Attorney Fishman credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge George P. Belsky Jr.; and detectives of the Mercer County Prosecutor’s Office, Special Investigations Unit, under the direction of Acting Prosecutor Angelo J. Onofri, with the investigation leading to today’s sentencing. He also thanked officers of the Trenton Police Department under the direction of Police Director Ernest Parrey for their assistance.
The government is represented by Assistant U.S. Attorney Molly Lorber of the U.S. Attorney’s Office Criminal Division in Trenton.
McComb Woman Sentenced to Prison for Tax FraudRead the Press Release
Jackson, Miss - Brenda Norman, 55, of McComb, was sentenced today by U.S. District Judge David C. Bramlette III to 30 months in prison followed by three years of supervised release for knowingly conspiring with Yvonne Gary, 36, of Hermanville, to defraud the Internal Revenue Service by obtaining and aiding each other to obtain the payment of a fraudulent claim, announced U.S. Attorney Gregory K. Davis and Jerome R. McDuffie, Special Agent in Charge of IRS - Criminal Investigation New Orleans Field Office. Norman was also ordered to repay $493,111.00 jointly and severally with Yvonne Gary to the Internal Revenue Service. Yvonne Gary, 36, was sentenced on September 10, 2015 to serve 32 months in federal prison followed by 3 years of supervised release.
As part of the conspiracy, Brenda Norman obtained the name and social security numbers of elderly and disabled individuals she met through her religious organization. After Norman obtained the names and social security numbers, she provided them to Yvonne Gary. Gary would use the names and social security numbers to prepare and submit fraudulent federal income tax returns to the IRS. The false income tax returns contained false wage and income information with fraudulent deductions and credits. The false tax returns claimed $493,111.00 in refunds.
Jerome R. McDuffie, Special Agent in Charge of the New Orleans Field Office for IRS Criminal Investigation, stated: "As filing season approaches, taxpayers should be admonished to seek out reputable tax return preparers. Additionally, it is imperative that the public educate themselves on the schemes and farces perpetrated by individuals such as Brenda Norman and Yvonne Gary. These individuals preyed on the vulnerable and used their personal identifying information to make a quick buck for themselves. Educating the public about these schemes is a continuing focus for IRS – Criminal Investigation, and will go a long way in preventing future occurrences of fraud. It is also my hope that the sentence imposed in this case will serve to deter others from engaging in the same or similar criminal conduct."
U.S. Attorney Gregory K. Davis praised the efforts of IRS - Criminal Investigation agents who investigated the case and Assistant U.S. Attorney Scott Gilbert who prosecuted the case.
Maryland Man Indicted for Conspiring to Provide and for Providing Material Support to ISILRead the Press Release
Baltimore, Maryland – A federal grand jury returned an indictment charging Mohamed Elshinawy, age 30, of Edgewood, Maryland, with conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization; providing and attempting to provide material support to a foreign terrorist organization; terrorism financing; and making false statements in connection with a terrorism matter. The indictment was returned late on January 13, 2016.
The indictment was announced by U.S. Attorney Rod J. Rosenstein of the District of Maryland; Assistant Attorney General for National Security John P. Carlin; and Special Agent in Charge Kevin Perkins of the FBI’s Baltimore Division.
“This case demonstrates how terrorists exploit modern technology to inculcate sympathizers and build hidden networks, but federal agents and prosecutors are working tirelessly and using every available lawful tool to disrupt their evil schemes,” said U.S. Attorney Rosenstein.
“According to the allegations in the indictment, Elshinawy conspired to provide material support to ISIL and received funds in order to carry out an attack,” said Assistant Attorney General Carlin. “When confronted by the FBI, he lied in order to conceal his support for ISIL and the steps he took to provide material support to the deadly foreign terrorist organization. This indictment is the next step in holding Elshinawy accountable. The National Security Division remains committed to protecting the nation from terrorist threats, and we will continue to pursue and disrupt those who seek to provide material support to ISIL.”
The four-count indictment alleges that from February 2015 through about December 11, 2015, Elshinawy conspired with others to provide material support and resources, including personnel, services (including means and methods of communication) and financial services, to ISIL. Elshinawy and his co-conspirators utilized various methods of surreptitious and other forms of communication in order to conceal their criminal association, the substance of their communications and their criminal activities from law enforcement.
As part of the conspiracy, Elshinawy and Co-conspirator 1, an Egyptian national and childhood friend of Elshinawy, allegedly recruited and sought to recruit others to join ISIL and further its cause of violent jihad. Elshinwy and Coconspirator 1 also provided themselves as personnel to assist ISIL. The indictment alleges that on Feb. 17, 2015, during a discussion with Co-conspirator 1 over social media, Elshinawy pledged his allegiance to ISIL, described himself as its soldier, asked Co-conspirator 1 to convey his message of loyalty to ISIL leadership and commitment to perpetrating violent jihad. From March 11, 2015, through May 29, 2015, Elshinawy had several discussions over social media with an individual believed to be his brother, during which Elshinawy repeatedly encouraged his brother to join ISIL. During the conversations, Elshinawy also spoke of his support for ISIL and his desire to become a mujahideen and die as a martyr. Over the course of the conspiracy, Elshinawy and Co-conspirator 1 discussed obtaining or making an explosive device and possible targets.
To conceal his illegal activities, the indictment alleges that Elshinawy purchased a cell phone, which he registered under a fake name and address, to communicate securely with Co-conspirator 1 and other ISIL operatives. Elshinawy also directed his brother to take steps to conceal their communications regarding ISIL. In an effort to conceal his connection to ISIL operatives, Elshinawy removed the name of an ISIL sympathizer from his list of friends on his social media account and blocked Co-conspirator 1’s access to that same account.
According to the indictment, Elshinawy received money from overseas through transfers of funds by a company headquartered overseas into his online financial account, wire transfers and other methods to be used to conduct a terrorist attack on behalf of ISIL. On July 17, 2015, in an effort to conceal and minimize his criminal involvement with ISIL, Elshinawy falsely claimed to FBI agents that he had only received a total of $4,000 from an ISIL operative overseas, and later amended the statement by falsely claiming that he had received no more than $5,200 from the ISIL operative.
The maximum sentence for conspiracy to provide and for providing material support to a designated foreign terrorist organization is 15 years in prison; the maximum sentence for collection of terrorism financing is 20 years in prison; and the maximum sentence for making false statements in a terrorism matter is eight years in prison. If convicted, Elshinawy’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation. No court appearance has been scheduled. Elshinawy has been detained since his arrest on Dec. 11, 2015, on related charges.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty.
United States Attorney Rod J. Rosenstein and Assistant Attorney General Carlin commended the FBI for its work in the investigation, and thanked Assistant U.S. Attorney Christine Manuelian of the District of Maryland who is prosecuting the case, with assistance provided by Trial Attorneys John Gibbs and Jason Denney of the National Security Division’s Counterterrorism Section.
Maryland Man Indicted for Conspiring to Provide and for Providing Material Support to ISILRead the Press Release
Defendant Allegedly Received Money from Individuals Overseas to Be Used for “Operational Purposes” in the United States
A federal grand jury returned an indictment late yesterday charging Mohamed Elshinawy, 30, of Edgewood, Maryland, with conspiring to provide and with providing material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization; terrorism financing; and making false statements in connection with a terrorism matter.
The indictment was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Rod J. Rosenstein of the District of Maryland and Special Agent in Charge Kevin Perkins of the FBI’s Baltimore Division.
“According to the allegations in the indictment, Elshinawy conspired to provide material support to ISIL and received funds in order to carry out an attack,” said Assistant Attorney General Carlin. “When confronted by the FBI, he lied in order to conceal his support for ISIL and the steps he took to provide material support to the deadly foreign terrorist organization. This indictment is the next step in holding Elshinawy accountable. The National Security Division remains committed to protecting the nation from terrorist threats, and we will continue to pursue and disrupt those who seek to provide material support to ISIL.”
“This case demonstrates how terrorists exploit modern technology to inculcate sympathizers and build hidden networks, but federal agents and prosecutors are working tirelessly and using every available lawful tool to disrupt their evil schemes,” said U.S. Attorney Rosenstein.
The four-count indictment alleges that from February 2015 through about Dec. 11, 2015, Elshinawy conspired with others to provide material support and resources, including personnel, services (including means and methods of communication) and financial services, to ISIL. Elshinawy and his co-conspirators utilized various methods of surreptitious and other forms of communication in order to conceal their criminal association, the substance of their communications and their criminal activities from law enforcement.
As part of the conspiracy, Elshinawy and co-conspirator 1, an Egyptian national and childhood friend of Elshinawy, allegedly recruited and sought to recruit others to join ISIL and further its cause of violent jihad. Elshinawy and co-conspirator 1 also provided themselves as personnel to assist ISIL. The indictment alleges that on Feb. 17, 2015, during a discussion with co-conspirator 1 over social media, Elshinawy pledged his allegiance to ISIL, described himself as its soldier, asked co-conspirator 1 to convey his message of loyalty to ISIL leadership and commitment to perpetrating violent jihad. From March 11, 2015, through May 29, 2015, Elshinawy had several discussions over social media with an individual believed to be his brother, during which Elshinawy repeatedly encouraged his brother to join ISIL. During the conversations, Elshinawy also spoke of his support for ISIL and his desire to become a mujahideen and die as a martyr. Over the course of the conspiracy, Elshinawy and co-conspirator 1 discussed obtaining or making an explosive device and possible targets.
To conceal his illegal activities, the indictment alleges that Elshinawy purchased a cell phone, which he registered under a fake name and address, to communicate securely with co-conspirator 1 and other ISIL operatives. Elshinawy also directed his brother to take steps to conceal their communications regarding ISIL. In an effort to conceal his connection to ISIL operatives, Elshinawy removed the name of an ISIL sympathizer from his list of friends on his social media account and blocked co-conspirator 1’s access to that same account.
According to the indictment, Elshinawy received money from overseas through transfers of funds by a company headquartered overseas into his online financial account, wire transfers and other methods to be used to conduct a terrorist attack on behalf of ISIL. On July 17, 2015, in an effort to conceal and minimize his criminal involvement with ISIL, Elshinawy falsely claimed to FBI agents that he had only received a total of $4,000 from an ISIL operative overseas, and later amended the statement by falsely claiming that he had received no more than $5,200 from the ISIL operative.
The maximum sentence for conspiracy to provide and for providing material support to a designated foreign terrorist organization is 15 years in prison; the maximum sentence for collection of terrorism financing is 20 years in prison; and the maximum sentence for making false statements in a terrorism matter is eight years in prison. If convicted, Elshinawy’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation. No court appearance has been scheduled. Elshinawy has been detained since his arrest on Dec. 11, 2015, on related charges.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty.
Assistant Attorney General Carlin joined U.S. Attorney Rosenstein in commending the FBI for its work in the investigation, and thanked Assistant U.S. Attorney Christine Manuelian of the District of Maryland who is prosecuting the case, with assistance provided by Trial Attorneys John Gibbs and Jason Denney of the National Security Division’s Counterterrorism Section.
Elshinawy Indictment
Manhattan U.S. Attorney Announces Arrest of New York Immigration Attorney for Immigration Fraud and Aggravated Identity TheftRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Glenn Sorge, Acting Special Agent-in-Charge of the New York Office of U.S. Immigration and Customs Enforcement’s (“ICE”), Homeland Security Investigations (“HSI”), and Timothy Houghton, Acting District Director of the New York District of U.S. Citizenship and Immigration Services (“USCIS”), announced today the arrest of GNOLEBA SERI for immigration fraud and aggravated identity theft. SERI was arrested today by HSI in Brooklyn, New York, and was presented this afternoon before the Honorable James C. Francis IV.
U.S. Attorney Preet Bharara stated: “Gnoleba Seri allegedly used his legal knowledge to circumvent the law and forge documents that are critical to obtaining an immigrant visa. The strength of the United States’ immigration system rests on the integrity of its process, and this office and our law enforcement partners will hold accountable those who undermine that process.”
Acting Special-Agent-in-Charge Glenn Sorge stated: “Gnoleba Seri allegedly abused the special trust bestowed upon him as an immigration attorney to commit fraud and identity theft. When individuals falsify immigration documents, the system is severely undermined and the security of our nation is put at risk. HSI is committed to working with its law enforcement partners to ensure fraudsters are identified and brought to justice.”
Acting District Director Timothy Houghton stated: “We are proud to stand by our partners today to send a message that U.S. immigration fraud will not be tolerated. We are committed to ensuring the integrity of our nation's immigration system.”
According to the Complaint[1] unsealed today in Manhattan federal court:
Between October 2012 and April 2015, GNOLEBA SERI, a licensed immigration attorney working in New York, New York, and Brooklyn, New York, engaged in a scheme to use personal information contained in legitimate immigration documents for fraudulent purposes. In his role as an immigration attorney, SERI submitted falsified and forged I-864 Forms (affidavits of support for those seeking immigrant visas) in support of his clients’ applications for immigration visas and for legal permanent resident status. Specifically, SERI received legitimate I-864 Forms, tax information, pay stubs, and W-2 forms from individuals sponsoring his clients, and then fraudulently submitted these documents in applications for other clients. That is, SERI submitted I-846 Forms that listed individuals as financial sponsors who had never met the people they were purportedly agreeing to sponsor. Those I-846 Forms included the sponsors’ real names, identifying information, and financial information, as well as forged signatures. These fraudulent and forged I-864 Forms all listed SERI as the preparer, and many of them were notarized by him.
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SERI, 49, of Brooklyn, New York, is charged with one count of visa fraud, which carries a maximum sentence of 10 years in prison; one count of aggravated identity theft, which carries a mandatory consecutive minimum sentence of two years in prison; and one count of mail fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Bharara praised the outstanding investigative efforts of law enforcement personnel at HSI and USCIS.
The case is being prosecuted by the Office’s General Crimes Unit. Assistant U.S. Attorney Andrew D. Beaty is in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint forth herein constitute only allegations, and every fact described should be treated as an allegation.
Man Who Tried to Run over Deputy U.S. Marshal with a Minivan Found Guilty of Assaulting a Federal OfficerRead the Press Release
LOS ANGELES – A man who was on the run after failing to abide by the terms of his release after serving a prison sentence in a narcotics case was found guilty this afternoon of assaulting a Deputy U.S. Marshal by trying to run him over with a minivan.
Keith Leon Smith, 47, was found guilty by a federal jury of one count of assaulting a federal officer with a deadly and dangerous weapon.
“Law enforcement officers put their lives at risk every day in the line of duty,” said United States Attorney Eileen M. Decker. “Those who increase this risk and intentionally put the lives of law enforcement officers in jeopardy will be prosecuted.”
According to the evidence presented during a three-day trial in United States District Court, on March 11, 2015, six Deputy U.S. Marshals went to a residence on East 220th Street in Carson, where they believed Smith was residing. The Deputy Marshals were conducting an investigation with the goal of taking Smith into custody after a federal judge in 2013 had issued a bench warrant. Smith was wanted because he had violated the terms of his supervised release after serving more than seven years in prison for being convicted of manufacturing methamphetamine.
While conducting the surveillance, the Deputy Marshals observed Smith exit the residence, get into a minivan and leave the location. The Deputy Marshals, who were in several vehicles, followed Smith and executed a traffic stop. As the Deputy Marshals approached the minivan that Smith was driving and identified themselves as law enforcement officers, Smith reversed his vehicle toward some of the Marshals Service vehicles. Smith then suddenly accelerated his vehicle toward one of the Deputy Marshals, who was in front of the minivan. The Deputy Marshal, now in the way of the oncoming minivan, fired his weapon at the windshield and fell backward.
Smith briefly stopped the vehicle as the shots hit the windshield, and then accelerated the minivan toward the Deputy Marshal on the ground. The Deputy Marshal was able to jump out of the way of the minivan and fire several shots at the vehicle. According to court documents, the Deputy Marshal “believes that he would be dead if he had not stumbled out of the way of defendant’s oncoming vehicle.”
Smith then sped away as the Deputy Marshals gave chase. But, due in part to his dangerous driving, which included swerving into oncoming traffic, Smith was able to elude capture that day. However, deputies with the Los Angeles Sheriff’s Department located Smith’s minivan the next day and took him into custody. During a subsequent interview with Sheriff’s Deputies, Smith stated that he did not “stop” for the Marshals because he did not “want to go back to prison,” according to the evidence presented at trial.
As a result of today’s conviction, Smith faces a statutory maximum sentence of 20 years in federal prison. United States District Judge R. Gary Klausner, who presided over the trial, is scheduled to sentence Smith on April 18.
The investigation in the assault case was conducted by the Federal Bureau of Investigation and the Los Angeles County Sheriff’s Department.
The case was prosecuted by Assistant United States Attorneys Anil J. Antony and Kimberly D. Jaimez of the General Crimes Section.
Man Who Pointed Assault Rifle at Detective Found Guilty in Federal CourtRead the Press Release
Memphis, TN – After a three-day trial, a man who pointed an assault rifle at police officers has been convicted by a federal jury of felony firearm possession. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the guilty verdict today.
According to information presented in court, on September 4th, 2014, detectives with the Memphis Police Department’s Organized Crime Unit went to a house in South Memphis to conduct a knock and talk investigation regarding drug sales. When detectives knocked on the door and asked to speak with a resident about the complaint, 31-year-old Geremy Atkins, of Memphis, asked who was at the door. After detectives identified themselves, Atkins opened the door and pointed a black 5.56 caliber assault rifle at one of the detectives. The defendant subsequently closed the door and ran out the back door. Detectives were able to catch and detain Atkins by the rear fence of the house’s backyard. The assault rifle Atkins pointed at officers was found on the other side of the fence, a few feet from where Atkins was arrested. Law enforcement discovered that the rifle was fully loaded with 5.56 caliber rounds of ammunition.
On Wednesday, January 13, 2016, a federal jury found Atkins guilty of one count of being a felon in possession of a firearm.
Atkins is scheduled to be sentenced by U.S. District Judge John T. Fowlkes Jr. on Thursday, April 21, 2016. He faces up to 10 years imprisonment and a fine of up to $250,000 when sentenced.
This case was investigated by the Project Safe Neighborhoods (PSN) Task Force, a collective comprised of personnel from the Memphis Police Department, Shelby County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The PSN Task Force works in a unified effort against gun crime, targeting repeat offenders who continually plague the greater Shelby County area.
Special Assistant U.S. Attorney Hamilton Carriker and Assistant U.S. Attorney Elizabeth Rogers prosecuted this case on the government’s behalf.
Kyle Woman Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, woman convicted of Felony Child Abuse and Neglect was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jeannie Janis, age 30, was sentenced to 12 months and 1 day in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Janis was indicted for the charge on February 18, 2015. She pled guilty on August 24, 2015.
The conviction stems from Janis causing serious bodily injury to her 5 month old child in May of 2014, due to her neglect and multiple abusive episodes.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
Jury Convicts Providence Man on Drug Trafficking ChargeRead the Press Release
PROVIDENCE, R.I. – A federal court jury in Providence today convicted Jose Ignacio Goris, 41, of Providence, of attempting to possess with the intent to distribute 500 grams or more of cocaine. Goris was arrested on August 14, 2014, moments after he took custody of what he believed to be a kilogram of cocaine supplied to him at his request by a person he believed to be a drug trafficker. The purported drug trafficker was a DEA Task Force agent. The package was made to appear as if it contained a kilo of cocaine.
Goris’ conviction is announced by United States Attorney Peter F. Neronha and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
According to the government’s evidence presented at trial, beginning in early May 2014, Goris and two undercover agents who were posing as large-scale cocaine suppliers engaged in a series of electronically recorded telephone conversations and meetings. Goris repeatedly represented to the agents that he had previously engaged in distributing large quantities of cocaine and that he was anxious to return to “work” trafficking cocaine.
On the afternoon of August 14, 2014, Goris and one of the agents met in a mall parking lot in Warwick, at which time Goris was shown what he believed to be two kilos of cocaine. The look-alike cocaine packages were hidden inside a secret compartment of the undercover agent’s vehicle. After examining the packages, Goris told the agent that he was leaving to get funds to purchase a kilo of the cocaine.
Later that day, Goris and the agent met inside a Cranston retail store and negotiated terms for the sale of the kilo of cocaine. After they reached agreement, the agent directed Goris to a vehicle in the store parking lot which he told Goris contained a bag with a kilo of cocaine. Goris was arrested by members of the Drug Task Force moments after he retrieved and took possession of the bag from the vehicle. Inside the bag was a package made to appear as if it was a kilo of cocaine.
Goris, who has been held in federal custody since his arrest, will be sentenced by U.S. District Court Judge John J. McConnell, Jr., on a date to be scheduled by the court.
According to court records, Goris was previously convicted in federal court on drug trafficking charges.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The Rhode Island DEA Drug Task Force is comprised of agents and law enforcement officers from the DEA, ATF, IRS, Homeland Security Investigations, Rhode Island State Police, and Cranston, East Providence, Pawtucket, Providence, Newport, South Kingstown, Warwick, West Warwick and Woonsocket Police Departments.
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Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Jefferson County Man Arrested for Killing Whooping CranesRead the Press Release
BEAUMONT, Texas – An 18-year-old Beaumont, Texas man has been arrested for federal violations in the Eastern District of Texas announced U.S. Attorney John M. Bales.
Trey Joseph Frederick was arrested today pursuant to a criminal complaint issued by the U.S. District Court charging him with violating the Migratory Bird Treaty Act. Frederick appeared in federal court this afternoon on the charges.
According to information presented in court, on Jan. 11, 2016, a Texas Game Warden received two calls reporting two whooping cranes had been shot on Blair Road in Jefferson County. Further investigation revealed the defendant had been seen in the area with a hunting rifle and had claimed to be hunting geese. Federal agents contacted Frederick at his home on LaBelle Road where he admitted to killing the cranes. Whooping cranes are migratory birds and are protected under the Migratory Bird Treaty Act making it unlawful to capture, kill, or attempt to capture or kill in the United States.
If convicted, Frederick faces up six months in federal prison and a fine of up to $15,000.
This case is being investigated by Special agents with the U.S. Fish and Wildlife Services, Office of Law Enforcement and Game Wardens with the Texas Parks and Wildlife Department and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
Indictment: User Died When Wichita Doctor Diverted Rx Drugs to the StreetsRead the Press Release
WICHITA, KAN. - A federal indictment unsealed here today alleges a Wichita doctor diverted prescription drugs to the streets, resulting in one of his patients dying from an overdose, U.S. Attorney Barry Grissom said. Eight people who got prescriptions from the doctor also are charged with unlawfully distributing prescription drugs.
Dr. Steven R. Henson, 54, Wichita, Kan., who operated Kansas Men’s Clinic at 3636 N. Ridge Road in Wichita, is charged with:
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Conspiracy to distribute prescription drugs outside the course of medical practice (Counts 1 and 2).
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Unlawfully distributing oxycodone (Counts 3 through 15).
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Unlawfully distributing oxycodone, methadone and alprazolam (Count 16).
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Unlawfully distributing methadone and alprazolam, resulting in the death of a victim on July 24, 2015, identified in court records as N.M. (Count 17)
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Unlawful possession of a firearm in furtherance of drug trafficking (Count 18)
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Presenting false patient records to investigators (Count 19).
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Obstruction of justice (Count 20)
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Money laundering (Counts 21 through 31).
Also charged are:
Kimi Harper, 50, Kansas City, Mo. (Count 1).
Amanda Terwilleger, 33, Topeka, Kan., (Counts 1, 3, 7 and 9)
Jeremy Wojack, 35, Topeka, Kan., (Counts 1, 3, 7 and 9)
Jordan Allison, 27, Shawnee, Kan., (Counts 1 and 7).
Grant Lubbers, 29, Whitewater, Kan., (Count 2, 4 and 12)
Joel Torres, Jr. 28, Newton, Kan., (Counts 2, 4 and 5).
David Montano, 32, (Count 2 and Count 15)
Keith Attebery, 20, Newton, Kan., (Count 2, 8 and 15
According to the indictment, Henson was registered with the Drug Enforcement Administration to dispense prescription controlled substances. His registered addresses included the Kansas Men’s Clinic and a location at 1861 N. Rock Road, Suite 201.
The indictment alleges Henson:
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Wrote prescriptions in return for cash.
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Post-dated prescriptions.
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Wrote prescriptions without a medical need.
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Wrote prescriptions without a legitimate medical exam.
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Wrote prescriptions for people other than the ones who came to see him
If convicted, the crimes carry the following penalties:
Counts 1-16: A maximum penalty of 20 years and a fine up to $1 million on each count.
Count 17: Not less than 20 years and not more than life and a fine up to $1 million.
Count 18: A maximum penalty of five years and a fine up to $250,000.
Count 19: A maximum penalty of five years and a fine up to $250,000.
Count 20: A maximum penalty of one year and a fine up to $100,000.
Counts 21-25: A maximum penalty of 10 years and a fine up to $250,000 on each count.
Counts 26-31: A maximum penalty of 20 years and a fine up to $500,000 on each count.
The Drug Enforcement Administration’s Tactical Diversion Squad, the Newton Police Department, the Wichita Police Department and Internal Revenue Service-Criminal Investigation Division investigated. Assistant U.S. Attorney Mona Furst and Special Assistant U.S. Attorney Michelle Jacobs are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
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Huron Man Sentenced in Bank FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Huron, South Dakota, man convicted of bank fraud was sentenced on January 8, 2016 by U.S. District Judge Karen E. Schreier.
Kent Lee Bales, age 60, was sentenced to 5 years of probation and ordered to complete 100 hours of community service before the end of his term of probation. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Bales was indicted for Bank Fraud by a federal grand jury on December 2, 2014. He pled guilty to the offense on September 28, 2015.
Bales operated two companies with his brother: Stockman’s Auction Company Inc., and Bales Continental Commission Company in Huron. The companies are related entities and are in the business of selling cattle. Bales engaged in a check kiting scheme, whereby he wrote checks and transferred funds among the companies’ accounts at three different banks when he knew that the checks and transfers were not actually supported by sufficient funds. In doing so, he artificially inflated the balances in his accounts and used some of those funds for business purposes. Bales defrauded one of the banks out of approximately $1,820,948.46.
This case was investigated by Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DOMINGO HERRERA-VEGA, a/k/a “Herrera Domingo,” age 38, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to the Bill of Information, on or about October 20, 2015, HERRERA-VEGA was found in the United States after having been officially deported and removed on or about May 1, 2014.
HERRERA-VEGA faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Nannette Jolivette Brown set sentencing for February 11, 2016.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Hermosa Man Sentenced for Theft from the United States Forest ServiceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hermosa, South Dakota, man convicted of Theft of Government Property was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tobin Nettifee, age 37, was sentenced to 3 years of probation, and ordered to pay $800 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Nettifee was indicted for Theft of Government Property by a federal grand jury on April 21, 2015. Nettifee pleaded guilty on August 24, 2015.
The conviction stems from Nettifee stealing a chainsaw, firefighting equipment, radios, flight gear, microphones, a power generator, and power tools from the National Park Service between June 1, 2010, and August 28, 2014. Nettifee was an employee of the National Park Service and upon leaving employment, he did not return the items.
At a later date after Nettifee left National Park Service employment, he stole a Stihl chainsaw from a U.S. Forest Service pickup at the Custer station and pawned it in Rapid City, on June 16, 2014.
This case was investigated by the U.S. Forest Service Law Enforcement and Investigations. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Health Care Clinic Consultant and Medicare Biller Pleads Guilty in Miami for Role in $63 Million Health Care Fraud SchemeRead the Press Release
A former health care clinic consultant and Medicare biller pleaded guilty today in connection with a $63 million health care fraud and money laundering scheme involving a defunct Miami-area health care provider.
U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office, made the announcement.
Nery Cowan, 53, of Miami, pleaded guilty before U.S. District Judge Beth Bloom of the Southern District of Florida to one count of conspiracy to commit money laundering. Cowan will be sentenced by Judge Bloom on March 25, 2016.
According to the factual basis, Cowan served as a consultant and Medicare biller for Greater Miami Behavioral Healthcare Center Inc. (Greater Miami), a partial hospitalization program (PHP) that purported to provide intensive treatment for severe mental illness, where Cowan directed the payment of kickbacks to patient brokers and others in exchange for Medicare beneficiary referrals. Cowan admitted that she received a percentage of the Medicare reimbursement from Greater Miami’s PHP as compensation.
Cowan admitted that she, along with co-defendants Dean Butler and Irina Mora, took great lengths to conceal kickback payments to shell companies owned by “patient brokers” who, on behalf of Greater Miami, solicited Medicare beneficiaries from assisted living facilities, halfway houses and drug courts located throughout the Southern District of Florida. Cowan, Butler and Mora disguised these monthly kickbacks as “outreach” or “marketing” payments through HNB-Stell Care Inc., a sham staffing company, she admitted.
According to court documents, from 2006 through 2014, Greater Miami billed Medicare approximately $63 million for purported mental health services.
On Nov. 30, 2015, Judge Bloom sentenced Butler to 16 years in prison and Mora to nine years in prison following their guilty pleas.
The FBI and HHS-OIG investigated this case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. Assistant Chief Allan J. Medina and Trial Attorneys Elizabeth Young and Kelly Graves of the Fraud Section are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
Health Care Clinic Consultant and Medicare Biller Pleads Guilty in Miami for Role in $63 Million Health Care Fraud SchemeRead the Press Release
A former health care clinic consultant and Medicare biller pleaded guilty today in connection with a $63 million health care fraud and money laundering scheme involving a defunct Miami-area health care provider.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office and Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Nery Cowan, 53, of Miami, pleaded guilty before U.S. District Judge Beth Bloom of the Southern District of Florida to one count of conspiracy to commit money laundering. Cowan will be sentenced by Judge Bloom on March 25, 2016.
According to the factual basis, Cowan served as a consultant and Medicare biller for Greater Miami Behavioral Healthcare Center Inc. (Greater Miami), a partial hospitalization program (PHP) that purported to provide intensive treatment for severe mental illness, where Cowan directed the payment of kickbacks to patient brokers and others in exchange for Medicare beneficiary referrals. Cowan admitted that she received a percentage of the Medicare reimbursement from Greater Miami’s PHP as compensation.
Cowan admitted that she, along with co-defendants Dean Butler and Irina Mora, took great lengths to conceal kickback payments to shell companies owned by “patient brokers” who, on behalf of Greater Miami, solicited Medicare beneficiaries from assisted living facilities, halfway houses and drug courts located throughout the Southern District of Florida. Cowan, Butler and Mora disguised these monthly kickbacks as “outreach” or “marketing” payments through HNB-Stell Care Inc., a sham staffing company, she admitted.
According to court documents, from 2006 through 2014, Greater Miami billed Medicare approximately $63 million for purported mental health services.
On Nov. 30, 2015, Judge Bloom sentenced Butler to 16 years in prison and Mora to nine years in prison following their guilty pleas.
The FBI and HHS-OIG investigated this case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Southern District of Florida. Assistant Chief Allan J. Medina and Trial Attorneys Elizabeth Young and Kelly Graves of the Fraud Section are prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Harvey Man Indicted and Arrested on Child Pornography ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CHRISTOPHER ORGERON, age 33, of Harvey, was indicted today for crimes involving the sexual exploitation of children.
According to today’s Indictment, beginning at an unknown time and continuing to on or about June 25, 2015, ORGERON knowingly received child pornography images and videos depicting the sexual victimization of minors. ORGERON was arrested and taken into federal custody today at his place of employment in Westwego by special agents with the U.S. Department of Homeland Security, Homeland Security Investigations.
If convicted, ORGERON faces a mandatory minimum sentence of five years and a maximum penalty of up to twenty years imprisonment, followed by up to a lifetime term of supervised release, and a $250,000 fine.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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."
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Guatemalan Man Sentenced for Use of Interstate Facilities to Transmit Information About a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Guatemalan man convicted of Use of Interstate Facilities to Transmit Information About a Minor was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.
Jose Joaquin Oxlaj, age 27, was sentenced to 46 months in custody, followed by 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
Oxlaj was indicted for the charge by a federal grand jury on May 5, 2015. He pled guilty on October 27, 2015.
Oxlaj responded to an advertisement on the Internet website known as Skout. Using his cell phone to send text messages, he agreed to meet at a hotel in Sioux Falls to have sex with a 15 year-old girl. Law enforcement officers arrested Oxlaj when he arrived at the scene and found him to be in possession of his cell phone and over $900 in cash.
This case was investigated by the South Dakota Internet Crimes Against Children task force. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Oxlaj was immediately turned over to the custody of the U.S. Marshals Service.
Former Toddville Resident Sentenced to Prison for Bankruptcy FraudRead the Press Release
A former Iowa resident, who made a series of fraudulent omissions in his Chapter 7 bankruptcy case, was sentenced last week to one year in federal prison.
Branden Patten, 40, of Colorado Springs, CO, formerly of Toddville, Iowa, received the prison term after a September 23, 2015, guilty plea to one count of making a false declaration in a bankruptcy proceeding.
In a plea agreement, Patten admitted that, in 2012, he was the owner and sole stockholder of a number of local companies, including National Glass, BLP (doing business as Apple Creek Carpet Care), and Patten Property Management. On August 15, 2012, after Patten and his companies experienced financial difficulties, a lender cut off his line of credit. Patten then filed a voluntary Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Northern District of Iowa.
In Patten’s bankruptcy filings, which were made under penalty of perjury, he knowingly failed to disclose that, in the two weeks preceding his bankruptcy filing, he had signatory authority over three bank accounts that were opened for his son’s newly formed corporations. Patten also failed to disclose he had transferred two vans equipped with carpet cleaning equipment to his son. Finally, Patten failed to disclose a new corporation he had formed in June 2012 called “Mission Slimpossible, LLC”, a boat lift he had purchased, a $1,000 deposit to a Canadian resort, and a lease interest in a BMW.
As a part of his plea agreement, Patten admitted in 2009 he had drawn down $50,000 on his line of credit and purchased a 26-foot boat and trailer that was titled in his own name. In his bankruptcy petition, which was later denied, Patten unsuccessfully tried to claim the boat as his exempt homestead in an attempt to shield the boat from his creditors.
Patten was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Patten was sentenced to twelve months’ imprisonment and fined $3,000. A special assessment of $100 was imposed, and he was ordered to repay the Federal Public Defender $3,300. Patten must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Patten was released on the bond previously set and is to surrender to the United States Marshal in Denver, Colorado, later this month.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the United States Department of Justice, Office of the United States Trustee, and the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-CR-74-LRR. Patten’s bankruptcy filings are available in Case Number 12-01538.
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Former Marin County Mortgage Broker Sentenced to 41 Months in PrisonRead the Press Release
SAN FRANCISCO– Diane Cobb was sentenced to 41 months in prison yesterday for her role in a Ponzi scheme, announced Acting United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge David J. Johnson. The sentencing follows a guilty plea in which Cobb admitted to running a fraudulent scheme with co-defendant Paul Sloane Davis through which they profited by more than a million dollars.
Cobb, 58, of Ada, Ohio, was charged by indictment on October 31, 2013, for her part in the scheme. According to the indictment, Davis and Cobb operated a financial services company in Marin County known as DM Financial. Davis and Cobb, through DM Financial, allegely offered investors the opportunity to fund purported “bridge loans” to borrowers who, according to Davis and Cobb, needed short-term financing for residential real estate transactions. Cobb was charged with providing investors with, among other things, the identity of the purported borrower, a promissory note reflecting the amount and terms of the loan, and a deed of trust securing the loan to the borrower’s real property. Based upon these documents and other representations made by Davis and Cobb, the investors believed the defendants were directing the funds into secured loans with borrowers.
As part of her plea agreement, Cobb admitted that she falsely represented to investors that the bridge loans would be secured by, in part, residential property that the borrowers were purchasing with the bridge loans. Cobb also acknowledged falsely telling investors that they would receive regular interest payments from the borrowers and a return of principal after the loan period ended. Cobb admitted she knew all of these representations were false. Further, Cobb admitted that to convince the borrowers that the loans were legitimate, she prepared fake promissory notes and deeds of trust for the purported bridge loan agreements that she knew did not exist. Purported borrowers received none of the investors’ money and did not even know that their identities were being used to solicit investments. Instead, Davis and Cobb diverted substantially all the money—approximately $2.4 million—for their own personal use or to make interest payments to prior investors to keep them from discovering the true nature of the scheme.
On March 19, 2015, Cobb pleaded guilty to one count of conspiracy, in violation of 18 U.S.C. § 1349; four counts of mail fraud, in violation of 18 U.S.C. § 1341; and nine counts of wire fraud, in violation of 18 U.S.C. § 1343.
The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Judge. Judge Breyer also sentenced the defendant to a three year period of supervised release, and ordered restitution of approximately $1.7 million to the victims of Davis’s offense. Davis pleaded guilty to the same charges and was sentenced by Judge Breyer to 36 months of prison.
Assistant U.S. Attorney Benjamin Kingsley is prosecuting the case with the assistance of Jessica Meegan. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Former Mamou, Louisiana, Police Chief Sentenced for Using Taser on Non-Combative PrisonerRead the Press Release
The Justice Department announced today that former Mamou, Louisiana, Police Chief Robert McGee, 44, was sentenced to one year and a day in prison for depriving an inmate at the Mamou jail of his federally protected rights by using a taser on the compliant inmate. McGee’s conviction was the result of a federal investigation into the illegal use of excessive force upon inmates at the Mamou jail that also led to the 2015 civil rights conviction of former Mamou Police Chief Gregory Dupuis for unlawfully using a taser against a different jail inmate.
McGee, of Mamou, pleaded guilty on Oct. 13, 2015, to one count of violation of an individual’s civil rights and was sentenced today by U.S. District Judge Richard T. Haik Sr. of the Western District of Louisiana. On Oct. 13, 2015, Judge Haik sentenced Dupuis to one year and a day in prison.
According to evidence presented at McGee’s plea hearing, McGee went to the jail on Aug. 6, 2010, to deal with an inmate who had been verbally, but not physically, disruptive. McGee engaged the inmate in conversation as a second officer unlocked the cell. After the cell door was opened, McGee pointed his taser at the inmate and discharged his taser into the inmate’s chest and abdomen area, even though the inmate was compliant and made no aggressive moves toward the officers or any other person. The five-second electric shock caused the inmate to fall against the wall of the cell and experience physical pain. At his plea hearing, McGee admitted that he knew at the time that his actions were unlawful.
McGee, who was elected Mamou police chief after this incident, resigned his position as chief on Oct. 8, 2015, as a result of the federal investigation.
“Law enforcement officers are entrusted with the authority to use force for legitimate law enforcement purposes, including maintaining discipline in jails,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “However, the defendant abused that trust by deploying a Taser on a compliant detainee.”
“Law enforcement officers have a duty to ensure that those in their custody are treated fairly and humanely when taken into custody,” said U.S. Attorney Stephanie A. Finley of the Western District of Louisiana. “Mr. McGee breached that trust and violated his oath by using excessive force on an incarcerated individual who complied with orders.”
The case was being investigated by the FBI and the Louisiana State Police. The case is being prosecuted by Trial Attorneys Stephen Curran and Mary Hahn of the Civil Rights Division’s Criminal Section, and Assistant U.S. Attorneys Myers P. Namie and Robert Abendroth of the Western District of Louisiana.