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Tuesday 5 January 2016
Getaway Driver in 13 Robberies Sentenced to 121 Years in PrisonRead the Press Release
LAS VEGAS, Nev. – A woman who served as the getaway driver for 13 commercial robberies in southern Nevada from December 2012 to March 2013, was sentenced today to 121 years in federal prison, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
Sesley Williams, 46, of Las Vegas, was sentenced by U.S. District Judge Andrew P. Gordon. Williams was convicted by a jury on Jan. 16, 2015, of eight counts of bank robbery, five counts of interference with commerce by robbery and five counts of brandishing a firearm in furtherance of a crime of violence. Her co-defendant, Anthony Jordan, was also convicted by a jury in November 2014 of 13 counts of robbery and firearm-related charges, and was sentenced on March 18, 2015, to 60 years in prison.
“We continue to work with our local law enforcement agencies to focus our prosecution efforts on the most impactful cases, including those targeting violent offenders,” said U.S. Attorney Bogden. “Using guns to rob commercial establishments is a federal offense, and if you commit this type of crime, you will be prosecuted, convicted, and sent to prison for a long time.”
The duo robbed six banks, three outlet mall stores and one other store in Las Vegas, two banks in Henderson, and one outlet mall store in Primm, Nev., between Dec. 28, 2012, and March 30, 2013.
This case was investigated by the Las Vegas Metropolitan Police Department, as part of the Safe Streets Task Force and Project Safe Neighborhoods program. The case was prosecuted by Assistant U.S. Attorney Lisa Cartier-Giroux.
Georgia Woman Sentenced to 51 Months in Prison for Unemployment Benefits Theft SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that VICKY SUE COHRAN, 53, of Temple, Georgia, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 51 months of imprisonment, followed by three years of supervised release, for stealing numerous identities while operating a “fictitious employer scheme” that defrauded state unemployment insurance programs of approximately $125,000.
According to court documents and statements made in court, state unemployment insurance programs use employee wages as reported by employers to determine an employee’s benefit amount when the employee files a valid claim for benefits. COHRAN, with the assistance of her two sons, utilized several state unemployment insurance program websites to register businesses that had no actual employees, business operations or normal business expenses. COHRAN and her sons then created and submitted fictitious wage reports that used names and identifying information of individuals without their knowledge. COHRAN and her sons then posed as fictitious employees to file claims for unemployment benefits.
Through this scheme, COHRAN used the names and identifying information of approximately 27 individuals to steal a total of $120,214 from the unemployment insurance programs of Connecticut, Massachusetts, Washington, Minnesota, Pennsylvania, Rhode Island and New Jersey.
The scheme was uncovered shortly after COHRAN registered a fictitious business with the Connecticut Department of Labor in September 2014. In November 2014, three purported employees of the fictitious business filed claims for unemployment benefits with the Connecticut Department of Labor.
COHRAN was ordered to pay full restitution.
On August 11, 2015, COHRAN pleaded guilty to one count of conspiracy to commit wire fraud, one count of aggravated identity theft and one count of misuse of a social security number.
Also today, Christopher Cohran, 26, of Temple, Georgia, waived his right to indictment and pleaded guilty in Hartford federal court to one count of conspiracy to commit wire fraud, a charge that carries a maximum term of imprisonment of 20 years. He is scheduled to be sentenced on March 30, 2016. Nathan Cohran, 30, of Temple, is scheduled to plead guilty to the same charge tomorrow.
This investigation is being conducted by the Social Security Administration – Office of Inspector General, U.S. Department of Labor – Office of Inspector General, U.S. Postal Inspection Service, Office of the Chief State’s Attorney, Connecticut Department of Labor, Winter Park (Fla.) Police Department, Pinellas County (Fla.) Sheriff’s Department, Villa Rica (Ga.) Police Department, Temple (Ga.) Police Department and Carroll County (Ga.) Sheriff’s Department.
The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Franklin County Men Charged with Methamphetamine Related OffensesRead the Press Release
Two men with ties to Franklin County, Illinois, were charged separately with crystal methamphetamine offenses, James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today. Rodney G. Hebbeler, 56, of Thompsonville, Illinois, and Steven M. Burns, 37, of Marion, Illinois, and formerly of West Frankfort, Illinois, were charged with distributing crystal methamphetamine. The offenses are alleged to have occurred in Franklin and Williamson Counties over the last year.
Hebbeler was charged with 6 counts of distributing methamphetamine in Franklin County, Illinois, and Burns was charged with 2 counts of distributing methamphetamine in Williamson and Franklin Counties. Each count carries a penalty of up to 20 years in federal prison, a $1 million fine, and at least 3 years of supervised release after release from prison. Both Burns and Hebbeler have been ordered held without bond pending trial.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation in this case was conducted by the Franklin County, Illinois, State’s Attorney’s Office, the Franklin County, Illinois, Sheriff’s Department, the Southern Illinois Drug Task Force, the Illinois State Police, the Southern Illinois Enforcement Group, the Carmi Police Department, and the Drug Enforcement Administration.
The case is being prosecuted by Assistant United States Attorney Thomas E. Leggans.
Fourteen Plead Guilty in White Plains Federal Court to Participating in Massive Oxycodone and Heroin Conspiracy in and Around Rockland CountyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Thomas Zugibe, Rockland County District Attorney, James Hunt, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), and Ed Day, Rockland County Executive, announced that 14 defendants pled guilty today to conspiring to distribute oxycodone and heroin in and around Rockland County.
On March 25, 2015, an indictment was unsealed charging 17 defendants with conspiring to distribute oxycodone and heroin. The case was assigned to District Judge Kenneth M. Karas. Today, 14 of the defendants pled guilty before Magistrate Judge Judith C. McCarthy. The prosecution against the remaining defendants is ongoing.
U.S. Attorney Bharara stated: “The abuse of prescription painkillers and heroin continues to plague too many of our communities. As they have now admitted through their guilty pleas, these defendants capitalized on this deadly epidemic, working together to distribute massive quantities of oxycodone in Rockland County. Several also trafficked in large quantities of heroin. Prescription pill and heroin abuse is on the rise, but so are law enforcement efforts to stem it. Thanks to the outstanding work of the DEA and our local law enforcement partners, this operation that helped to fuel Rockland County’s heroin and prescription pill problem has been dismantled.”
District Attorney Zugibe stated: “This was a large and ongoing drug dealing conspiracy which did great harm to many people, including dozens of Rockland County residents. This case and its 14 guilty pleas are prime examples of how cooperation among federal and local law enforcement can lead to the dismantling of a significant drug trafficking organization that pushed poison into our neighborhoods.”
DEA SAC Hunt stated: “In 2014, there were 47,055 drug overdose deaths; 28,647 deaths, or 61%, involved opioids. The abuse of diverted pain medication and heroin are destroying lives and enabling drug traffickers to make a toxic profit off addiction. Last March, law enforcement combined resources to identify and arrest 14 of Rockland’s most treacherous opioid drug traffickers, resulting in today’s 14 guilty pleas.”
County Executive Day said: “These criminals trafficked over 50,000 oxycodone pills and significant amounts of heroin, and in the process destroyed countless lives. The nationwide prescription drug and heroin epidemic is fueled by organizations just like this one. The success of this probe is attributed to the ongoing partnership between Rockland County, the U.S. Attorney's Office and our federal, state, and local law enforcement partners.”
According to the allegations in the Indictment and other documents in the public record:
The defendants were part of a sophisticated drug trafficking organization (the “Organization”) that operated in the area of Rockland County, New York. The Organization, led by defendant VICTOR ESTEBAN, distributed massive quantities of oxycodone and heroin, often in highly public locations, including at the Palisades Center Mall in West Nyack, New York.
Since 2014, members and associates of the Organization have conspired to distribute more than 50,000 oxycodone tablets, with a value in excess of $1 million, in and around Rockland County. The defendants obtained the oxycodone through deceptive means, including the use of forged and fraudulent prescriptions. The defendants also employed lower-level members of the Organization, known as “runners,” to go to pharmacies across New York State to fill the fraudulent prescriptions.
The principal supplier of heroin to the Organization was JUAN AGRAMONTE, who was based in the Bronx. ESTEBAN pooled money with other defendants to purchase significant quantities of heroin from AGRAMONTE, which they then distributed in locations around Rockland County.
The defendants distributed oxycodone and heroin in a multitude of public places. They sold these illicit drugs in the parking lots of the Palisades Center Mall in West Nyack, New York, at the Mt. Ivy Trailer Park in Pomona, New York, and in various motels around Rockland County, where they would rent rooms to meet with customers.
Certain defendants also celebrated their oxycodone and heroin trafficking activity on social media sites like Twitter and Instagram. Some of the defendants referred to themselves as the “TMC” crew, meaning “Too Much Cash.” For example, on one occasion, a defendant posted a message on Twitter saying, “Shout out my TMC bros we taking over the streets.” On another occasion, a defendant posted a message on Twitter saying, “I make money without a 9-5 gimmie some feens a trap fone and I’ll be fine . . . ,” meaning that he did not need a legitimate job, but rather only some drug addicts and a “trap phone” with which to arrange drug deals. This defendant also posted a message saying, “The feds just wanna see me in jail.”
* * *
Defendants VICTOR ESTEBAN, ANDREW FLORES, CHRISTIAN MINAYA, EDWIN CEBALLOS, JIMMY RODRIGUEZ, and ELOM KALEDZI pled guilty to conspiring to distribute oxycodone and heroin. Defendants MIGUEL CABRERA, ROMELLO DELOATCH, ROLANDO GARCIA, WESLEY JACKSON, BRANDON MORILLO, RAMON MORILLO, and BRANDON THOMAS pled guilty to conspiring to distribute oxycodone. Defendant JUAN AGRAMONTE pled guilty to conspiring to distribute heroin.
The charges to which the defendants pled guilty, and the maximum penalties they face, are set forth in a chart below. Also set forth below is a chart with the defendants’ names, ages, and residences. The defendants will be sentenced before Judge Karas in May 2016.
Mr. Bharara praised the outstanding investigative work of the Drug Enforcement Administration’s Tactical Diversion Squad (Group TDS-NY), which comprises agents and officers from the DEA, the New York State Police, the New York City Police Department, Town of Orangetown Police Department, and the Westchester County Police Department. He also thanked the Rockland County District Attorney’s Office for its participation, and the Internal Revenue Service for its assistance.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys George Turner and Douglas Zolkind are in charge of the prosecution.
CHARGE
DEFENDANTS
MAXIMUM PENALTIES
Count One
Narcotics conspiracy – Oxycodone
(Conspiracy to distribute and possess with intent to distribute oxycodone, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
VICTOR ESTEBAN
MIGUEL CABRERA
EDWIN CEBALLOS
ROMELLO DELOATCH
ANDREW FLORES
ROLANDO GARCIA
WESLEY JACKSON
ELOM KALEDZI
CHRISTIAN MINAYA
BRANDON MORILLO
RAMON MORILLO
JIMMY RODRIGUEZ
BRANDON THOMAS
20 years in prison
Count Two
Narcotics conspiracy – Heroin (100g or more)
(Conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(B))
VICTOR ESTEBAN
JUAN AGRAMONTE
40 years in prison
Mandatory minimum: 5 years in prison
Narcotics conspiracy – Heroin
(Conspiracy to distribute and possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 846, 841(a)(1) & 841(b)(1)(C))
EDWIN CEBALLOS
ANDREW FLORES
ELOM KALEDZI
CHRISTIAN MINAYA
JIMMY RODRIGUEZ
20 years in prison
DEFENDANT
AGE
RESIDENCE
VICTOR ESTEBAN
27
Bronx, NY; Pomona, NY; Middletown, NY
JUAN AGRAMONTE
50
Bronx, NY
MIGUEL CABRERA
26
Haverstraw, NY
EDWIN CEBALLOS
27
New York, NY
ROMELLO DELOATCH
21
Spring Valley, NY
ANDREW FLORES
27
New City, NY
ROLANDO GARCIA
21
Garnerville, NY
WESLEY JACKSON
28
Newburgh, NY
ELOM KALEDZI
32
New City, NY
CHRISTIAN MINAYA
21
Garnerville, NY
BRANDON MORILLO
22
New York, NY
RAMON MORILLO
30
New York, NY
JIMMY RODRIGUEZ
23
Spring Valley, NY
BRANDON THOMAS
21
Pomona, NY
Four Ruston residents sentenced for conspiracy to distribute and possess cocaineRead the Press Release
MONROE, La. – United States Attorney Stephanie A. Finley announced that four Ruston residents were sentenced Monday for their roles in a cocaine distribution ring operating in the Lincoln Parish area.
United States District Judge Robert G. James sentenced Ruston, La., residents Brodrick D. Spivey, 34, to 77 months in prison; Kimoni A. McMurray, 37, to 108 months in prison; Thaxter Reynolds, 25, to 46 months in prison; and Harold Jenkins, 59, to 41 months in prison on one count of conspiracy to distribute and possess with intent to distribute cocaine. They were also sentenced to three years of supervised release. According to evidence presented at the guilty pleas, the defendants conspired to distribute and to possess with intent to distribute cocaine or crack cocaine from June 2012 to July 2014 in the Lincoln Parish area. They were recorded buying cocaine and scheduling to convert cocaine to crack cocaine.
The fifth member of the conspiracy, Decarrious Jenkins, 27, of Ruston, was sentenced on November 30, 2015 to 77 months in prison and three years of supervised release for one count of conspiracy to distribute and possess with intent to distribute cocaine.
The defendants were arrested as part of the Organized Crime Drug Enforcement Task Force (OCDETF) Operation Pit Stop. The DEA, U.S. Marshals Service, ICE, ATF, Louisiana State Police, Lincoln Parish Sheriff’s Office, Ruston Police Department, Claiborne Parish Sheriff’s Office, Natchitoches Parish Sheriff’s Office, Natchitoches Police Department, Sabine Parish Sheriff’s Office, DeSoto Parish Sheriff’s Office, Bossier Parish Sheriff’s Office, Bossier City Police Department, Shreveport Police Department, Caddo Parish Sheriff’s Office, all participated in this OCDETF operation. The OCDETF program is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for targeting national and regional level drug trafficking organizations, coordinating the necessary law enforcement entities and resources, and disrupting and dismantling of major drug trafficking organizations.
Assistant U.S. Attorneys Cytheria D. Jernigan and James G. Cowles Jr. prosecuted the case.
Four Columbus Men Charged with Conspiring to Burglarize a PharmacyRead the Press Release
PITTSBURGH - Four residents of Columbus, Ohio, have been indicted by a federal grand jury in Pittsburgh on charges of burglary of a pharmacy, conspiracy to burglarize a pharmacy, and conspiring to possess with the intent to distribute a Schedule IV controlled substance, United States Attorney David J. Hickton announced today.
The four-count indictment named:
- Travis Russell Maynard, age 36, formerly of Columbus, Ohio;
- Billy David Mayhone, age 25, of Grove City, Ohio;
- Michael Anthony Hanson, age 26, formerly of Columbus, Ohio; and
- Mark A. Hicks, age 26, of Columbus, Ohio.
According to the indictment presented to the court, the defendants are all charged with conspiracy to burglarize a pharmacy and conspiracy to possess with intent to distribute a Schedule IV controlled substance. Travis Maynard, Billy Mayhone, and Michael Hanson are all charged with the burglary of a pharmacy on or about Dec. 7, 2015. Michael Hanson is also charged with possession with intent to distribute Alprazolam, a Schedule IV controlled substance.
For Maynard, Mayhone, and Hanson, the law provides for a maximum total sentence of 20 years in prison, a fine of up to $250,000, or both. For Hicks, the law provides for a maximum total sentence of 10 years in prison, a fine of up to $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Barbara K. Doolittle is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Bethel Park Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Newark Watershed Conservation Official and Former Contractor Admit Roles in Bribery and Kickback SchemeRead the Press Release
NEWARK, N.J. – A former high-ranking employee of the Newark Watershed Conservation and Development Corp. (NWCDC) today admitted accepting $956,948 in kickback payments for his and the former executive director’s assistance in awarding work to contractors, U.S. Attorney Paul J. Fishman announced.
Donald Bernard Sr., 68, of West Orange, New Jersey, pleaded guilty before U.S. District Judge Jose Linares in Newark federal court to Counts 9 and 10 of a 20-count indictment returned in December 2014, charging him with the use of interstate facilities to promote and facilitate bribery in violation of the Travel Act, and Count 1 of an information that charges him with making and subscribing a false personal tax return for the 2009 tax year.
Separately before Judge Linares, Giacomo “Jack” DeRosa, 59, of Clinton Township, New Jersey, who was also previously indicted in December 2014, pleaded guilty today to Counts 4 through 6 of the indictment charging him with laundering a portion of $85,000 he provided to Bernard from January 2008 to August 2012 in connection with roofing work that Bernard facilitated for DeRosa with the NWCDC.
According to documents filed in these and other cases and statements made in court:
Bernard served as a consultant to the NWCDC (from 2008 to January 2010) and then as a salaried employee (from January 2010 to March 2013). From 2008 to March 2013, Bernard was part of a corrupt arrangement with former NWCDC Executive Director Linda Watkins Brashear to solicit $956,948 in cash kickbacks from certain NWCDC contractors in exchange for providing them work and other assistance. Bernard and Brashear facilitated NWCDC payments to contractors to fund cash kickbacks to themselves, knowing payments were inflated above the amount of any work performed. They knew that in numerous instances no work at all had been performed. Bernard and Brashear used their email accounts to facilitate this scheme.
Two contractors from whom Bernard and Brashear obtained substantial cash kickbacks were Jim P. Enterprises and New Beginnings Environmental Services, both companies hired to perform landscaping, snow removal, clean-up and sign-posting services, which were affiliated with Bernard but purportedly operated by James Porter. Bernard admitted receiving $409,823 in bribes and kickbacks from Porter’s companies, funded by inflated and fraudulently obtained payments from the NWCDC, during the period January 2008 to December 2012. Bernard also admitted receiving approximately $85,000 from Essex Home Improvements, a contracting company operated by DeRosa, during the period January 2008 to March 2013, which he received either directly or indirectly through companies Bernard controlled.
Bernard also admitted filing a U.S. Individual Income Tax Return, Form 1040, for tax year 2009, which did not include approximately $314,000 in unreported income he received in kickbacks.
Brashear pleaded guilty on Dec. 21, 2015, to devising a scheme to defraud the NWCDC as well as filing a false tax return by failing to report substantial income she received in connection with the kickback scheme. Among the approximately $1 million in kickbacks that Brashear admitted receiving were approximately $260,000 from James Porter and $27,000 from DeRosa. Porter pleaded guilty in January 2015 to conspiracy to defraud the NWCDC of honest services, money and property through the use of interstate wire transmissions, as well as tax evasion for his role in the kickback scheme.
DeRosa admitted that from January 2008 to August 2012 he provided Bernard with a stream of payments totaling approximately $85,000 for Bernard’s action and assistance in procuring NWCDC roofing work for DeRosa’s company. DeRosa provided these payments to Bernard either directly, or to Bernard’s consulting firm, or to a Newark-based civic organization run by Bernard, the African American Heritage Parade Committee. DeRosa also admitted to laundering $20,000 of the money by having it paid to Bernard indirectly through intermediaries in order to disguise DeRosa or Essex Home Improvements as the source of the funds. Two intermediaries DeRosa admitted to using to launder funds provided to Bernard included a subcontractor doing work for DeRosa’s company and James Porter.
The Travel Act charges to which Bernard pleaded guilty each carry a maximum potential penalty of five years in prison; the charge of filing a false tax return is punishable by a maximum potential penalty of three years in prison. Under the terms of the plea, the sentences on all three counts to which Bernard pleaded guilty shall run consecutively. All charges are also punishable by a fine of $250,000 or twice the amount of the pecuniary gain from the offense.
The money laundering counts to which DeRosa pleaded guilty each carry a maximum penalty of 20 years in prison and a maximum fine equal to the greatest of $500,000; twice the value of the property involved in the money laundering transactions; or twice the gain or loss resulting from the offense.
Sentencing for both defendants is scheduled for April 7, 2016.
U.S. Attorney Fishman credited special agents of the FBI’s Newark Field Office, under the direction of Special Agent in Charge Richard M. Frankel; IRS – Criminal Investigation, Newark Field Office, under the direction of Special Agent in Charge Jonathan D. Larsen; and the U.S. Department of Housing and Urban Development, Office of Inspector General, Newark office, under the direction of Special Agent in Charge Christina Scaringi, as well as criminal investigators of the U.S. Attorney’s Office, for the investigation leading to today’s guilty pleas. U.S. Attorney Fishman also thanked the N.J. Office of the State Comptroller, under the direction of Acting State Comptroller Philip James Degnan, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys Jacques Pierre, Mala Ahuja Harker, and Senior Litigation Counsel Leslie Schwartz of the U.S. Attorney’s Office Special Prosecutions Division.
Defense counsel:
Bernard: Thomas Ashley Esq., Newark
DeRosa: Anthony Pope Esq., Newark
Former McKinsey & Company Partner Arrested on Fraud Charges for Allegedly Billing $890,000 in Bogus Consulting Services and Travel ExpensesRead the Press Release
CHICAGO — A Chicago-based partner in a global management consulting firm schemed with a client to bilk their companies out of hundreds of thousands of dollars in purported consulting services that were never performed, according to a federal indictment announced today.
NAVDEEP ARORA, a former partner in the Chicago office of McKinsey & Company Inc., was arrested Sunday at JFK International Airport in New York. Arora, 51, of London, England, and formerly of Chicago, is charged with eight counts of wire fraud in an indictment filed in U.S. District Court in Chicago. Arora made an initial appearance yesterday in U.S. District Court in New York and was ordered detained pending further proceedings.
The indictment, which was returned in August and unsealed yesterday, also charges MATTHEW SORENSEN, a former internal consultant for State Farm Mutual Automobile Insurance Co., with five counts of wire fraud. Sorensen, 49, of Bloomington, Ill., is scheduled to appear for arraignment at 2:00 p.m. on Jan. 11, 2016, before U.S. Magistrate Judge Michael T. Mason in Chicago.
According to the charges, Arora oversaw various consulting services provided by McKinsey to State Farm. The indictment contends that Arora and Sorensen used two companies – “Gabriel Solutions” and “Andy’s BCB” – to defraud their employers out of phony consulting fees. Sorensen billed McKinsey for the bogus work purportedly performed by the companies, and Arora allocated the fees to the State Farm projects to which he was assigned, according to the indictment.
As a result of the scheme, McKinsey and State Farm paid $38,265 for consulting services purportedly performed by “Andy’s BCB,” and $452,710 in fees billed by “Gabriel Solutions,” the indictment states. Sorensen pocketed nearly all of the fees paid to “Andy’s BCB,” and he took approximately $370,000 of the amount paid to “Gabriel Solutions,” according to the indictment.
In addition to the phony consulting services, the indictment contends that Arora fraudulently obtained over $400,000 from McKinsey, State Farm and other McKinsey clients in the form of travel and expense reimbursements. Arora claimed that the costs had been incurred for legitimate business purposes, when in reality the expenses pertained to Arora’s personal travel. The indictment alleges that Arora falsely expensed personal trips to Scottsdale, Napa, Vail, Miami, Las Vegas, New York, London, Prague and Munich, among others.
Arora also obtained reimbursement for personal expenditures he incurred in Chicago while residing there, the indictment states. The Chicago expenses included hotel, dining and theater costs, according to the indictment.
Each count of wire fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant United States Attorneys Sunil Harjani, Timothy Storino and Jason Yonan.
Indictment
Former Ketchikan Resident Sentenced to 10 Years for Drug TraffickingRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that a former Ketchikan resident was sentenced to 10 years in prison for drug trafficking.
Alexander Barcena Singson, 62, a former resident of Ketchikan, Alaska, was sentenced yesterday by Chief U.S. District Judge Timothy M. Burgess in Anchorage to 10 years in prison followed by a five year term of supervised release. On April 6, 2015, Singson pled guilty to a single drug trafficking conspiracy count.
According to Assistant U.S. Attorney Jack S. Schmidt, who prosecuted the case, beginning on or about October 19, 2011, and continuing until September 26, 2012, Singson and others transported methamphetamine from Las Vegas, Nevada, to Ketchikan, Alaska. Members of the conspiracy utilized the United States Postal Service (USPS) and commercial package delivery services to transport the drugs to Ketchikan where it would be distributed to others. Co-conspirators then took those drug proceeds on their persons using commercial airlines, used wire transfers and personal accounts of Singson and others to pay for more methamphetamine for subsequent distribution. During the investigation, law enforcement seized a number of parcels and packages that contained a total of 383 grams of actual methamphetamine.
In sentencing Singson, Judge Burgess noted the seriousness of the crime and the need to protect the public as the reasons for the sentence he imposed.
U.S. Attorney Loeffler commended the U.S. Postal Inspection Service, the DEA, the FBI, the Port of Seattle Police Department, and the Ketchikan Police Department – Drug Unit who conducted the investigation leading to the successful prosecution in this case.
Former Drug Kingpin Serving Multiple Life Sentences Receives Additional 20-Year Sentence for Conspiring to Conduct A Continuing Criminal Enterprise While IncarceratedRead the Press Release
Jamal Shakir, 42, of Los Angeles, pleaded guilty yesterday in U.S. District Court in Nashville, to conspiracy and attempting to conduct a continuing criminal enterprise and was sentenced to twenty years in prison, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Shakir is already serving multiple, consecutive life sentences which were imposed in 2009.
This sentence stems from an indictment returned in September 2014 alleging that Shakir, while incarcerated at Nashville’s Criminal Justice Center and awaiting sentencing, attempted to engage in another continuing criminal enterprise and solicited further crimes, including planning his escape with the use of a helicopter, the murder of witnesses who testified against him, armed robberies, fire-bombings, and continued drug trafficking.
Shakir was convicted in 2008 after a lengthy jury trial in U.S. District Court in Nashville, Tenn., which involved a long and complex investigation and prosecution. The crimes for which Shakir was convicted date back to 1994 and included several murders; conducting a continuing criminal enterprise; drug trafficking; money laundering; obstruction of justice; and firearms offenses. In 2009 Shakir was sentenced to 16 terms of life in prison.
The Shakir investigation also led to an investigation of the Rollin’ 60s Crips Gang which resulted in convictions of about 30 individuals for various violent crime offenses.
This multi-year investigation was conducted by the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Sunny A.M. Koshy.
Former Deputy Pleads Guily in Child Pornography CaseRead the Press Release
WILMINGTON – United States Attorney Thomas G. Walker announced that in federal court, JON JAMES THOMAS, 45, pled guilty before Senior United States District Judge James C. Fox to receipt of child pornography, in violation of Title 18, United States Code, Section 2252 (a) (2).
On October 15, 2015, a Federal Grand Jury returned a Criminal Indictment charging THOMAS. At the time, THOMAS was a patrol deputy with the Onslow County Sheriff’s Department.
According to the investigation, law enforcement identified an IP address downloading and sharing child pornography via the peer-to-peer network, Shareaza. As the investigation progressed, the address and user were identified as THOMAS. THOMAS was interviewed and admitted over the past two years to downloading visual depictions of minor children engaging in sexually explicit conduct.
Investigation of this case was conducted by the NC State Bureau of Investigation. Special Assistant United States Attorney Ethan Ontjes represented the government. This case was accepted for federal prosecution as part of Project Safe Childhood.
Federal Complaint Alleges Barge Operator Illegally Discharged Pollutants into the Ohio River at Cairo, Illinois, for YearsRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today that the United States has filed a Clean Water Act (CWA) complaint in the Southern District of Illinois on behalf of the U.S. Environmental Protection Agency against American Commercial Lines, Inc. (ACL), and its wholly-owned subsidiary, ACBL Transportation Services, LLC (ACBLTS), alleging that from June 2007 to February 2014, the two companies repeatedly and consistently violated their National Pollutant Discharge Elimination System (NPDES) permits at their facility in Cairo, Illinois.
According to the complaint, ACL – one of the largest marine transportation services companies in the United States – discharged sewage and polluted wastewater into the Ohio River from two office septic systems, a marine sanitation device, and a barge cleaning operation. The wastewater allegedly exceeded permit limits for four separate pollutants: biological oxygen demand, total suspended solids, total residual chlorine, and fecal coliform. The two companies are charged with committing at least 554 CWA violations over the span of almost seven years.
Reports submitted by ACL and ACBLTS to the Illinois Environmental Protection Agency show that many of the alleged violations were egregious. The complaint notes over 50 occasions from 2007 to 2013 when ACL exceeded its daily maximum limit for fecal coliform (water contaminated by fecal matter) by a factor of nine or more, including at least 16 occasions when the concentration of fecal coliform measured 100 times higher than the permit limit. During one reporting period in September 2009, total residual chlorine – a pollutant that can be toxic to fish and other aquatic life even at low concentrations – allegedly registered more than 700 times the permit limit.
The complaint seeks civil penalties of up to $37,500 per violation day against both ACL and ACBLTS, as provided by statute.
This case is being prosecuted by Assistant United States Attorneys Nathan D. Stump and Nicholas J. Biersbach, in concert with the Environment and Natural Resources Division of the U.S. Department of Justice, the U.S. Environmental Protection Agency, and the Illinois Environmental Protection Agency.
El Procurador Federal Wagner Anuncia que Sacramento ha sido Seleccionada para la Fase II del Equipo Coordinador Anti-Tráfico (ACTeam)Read the Press Release
Sacramento, Calif. – Hoy, el Procurador Federal Benjamín B. Wagner ha anunciado que la selección de Sacramento en el Distrito Este de California, como una de solo seis ubicaciones de todo los Estados Unidos, ha sido designada para formar parte de los nuevos destacamentos especiales federales de la Iniciativa del Equipo de Coordinación Anti-Tráfico o ACTeam, una iniciativa en la que participarán varias agencias que aplicarán la ley federal con el fin de optimizar la investigación y el procesamiento de los delitos federales del tráfico humano.
Las declaraciones del Procurador Federal Wagner siguen a las declaraciones conjuntas de hoy de la Procuradora General Loretta E. Lynch, el Secretario de Seguridad Nacional Jeh Johnson y el Secretario de Trabajo Thomas E. Pérez en las que se designa a las ciudades de: Cleveland, Ohio; Minneapolis, Minnesota; Newark, New Jersey; Portland, Maine; Portland, Oregón y Sacramento, California como los lugares para efectuar la Fase II del ACTeam. Sacramento fue seleccionada en base a su compromiso en la identificación, la investigación y el procesamiento en los casos de trabajo forzado, de tráfico de sexo internacional y de tráfico de sexo entre adultos; también por la prevalencia o la sospechada prevalencia de este tipo de tráfico en la área de Sacramento; y por los niveles de cooperación que existen entre las diversas agencias que aplican la ley y por la Oficina del Procurador Federal para combatir el tráfico humano.
El Procurador Federal Wagner dijo que, “De acuerdo con la dirección proporcionada por la Procuradora General, la investigación y el procesamiento de todo tipo de tráfico humano es una máxima prioridad para nuestra oficina. Estamos orgullosos de nuestra excelente trayectoria en el procesamiento de varios delitos sobre a la explotación infantil y estamos comprometidos en el continuar y mejorar nuestro trabajo crítico de identificar y procesar delitos relacionados al trabajo forzado, al tráfico internacional de sexo y al tráfico de sexo entre adultos. Me alegro de nuestra selección como ubicación para el ACTeam porque refleja el trabajo intenso que ya hemos realizado en esta área y porque esto nos asistirá en hacer incluso más.”
Los equipos ACTeam se proponen a desarrollar la investigación y el procesamiento del tráfico humano de alto impacto asociado al trabajo forzado, tráfico de sexo internacional y tráfico de sexo entre adultos por fuerza, fraude y por coerción y así complementando tanto el Proyecto para una Infancia Segura (Project Safe Childhood) como otros esfuerzos que van dirigidos a combatir la explotación sexual infantil e incluso el tráfico de sexo infantil. Los equipos ACTeam reúnen a procuradores y agentes federales de múltiples agencias investigadoras federales en estrecha coordinación para desarrollar e implementar métodos proactivos contra el tráfico para identificar, investigar y formar estrategias de procesamiento para los casos y cuentan con expertos nacionales en materia relacionada al tráfico. Se espera que en los próximos dos años los equipos desarrollen investigaciones y procesamientos federales de alto impacto, que desmantelen redes de tráfico humano, que vindiquen los derechos de las víctimas del tráfico humano y que traigan a los traficantes ante la justicia. El nuevo equipo EDCA consistirá de personal proveniente de la Oficina Federal de Investigaciones (FBI), del Cuerpo de Aduanas e Inmigración de los Estados Unidos (ICE), de Investigación para la Seguridad Nacional (HSI) y del Departamento de Trabajo de los Estados Unidos.
Durante la Fase I de la Iniciativa ACTeam, los Equipos Piloto de la Fase I fueron convocados en Atlanta, Georgia; El Paso, Texas; Kansas City, Missouri; Los Ángeles, California; Memphis, Tennessee y Miami, Florida. La Fase I obtuvo mucho éxito y en los distritos donde actuaba el ACTeam se incrementaron colectivamente los procesamientos en un 119 por ciento en comparación al 35 por ciento nacional dentro del mismo periodo en los dos años.
En base a los excelentes resultados de la Fase I, la Procuradora General Lynch, el Secretario de la Seguridad Nacional Johnson y el Secretario de Trabajo Pérez lanzaron la Fase II el 25 de junio de 2015 por medio de una petición conjunta a las Oficinas de los Procuradores Federales y a sus socios federales dedicados a la aplicación de la ley de todo el país.
Las ubicaciones para la Fase II fueron seleccionadas por consenso unánime del Grupo Laboral de Aplicación Federal (Federal Enforcement Working Group) después de un riguroso y competitivo proceso de selección a escala nacional. El grupo consta de expertos en la materia del Departamento de Justicia (incluyendo la Unidad de Procesamiento del Tráfico Humano de la División de los Derechos Civiles, la Oficina Ejecutiva de Procuradores Federales y la Unidad de Derechos Civiles de la Oficina Federal de Investigaciones (FBI), el Departamento de Seguridad Nacional (incluyendo el Cuerpo de Aduanas e Inmigración de los Estados Unidos (ICE) y la Unidad de Contrabando y Tráfico Humano de las Investigaciones de la Seguridad Nacional) y el Departamento de Trabajo (incluyendo la Oficina del Inspector General y la División de Salarios y Horarios).
En sus declaraciones la Procuradora General ha destacado que los esfuerzos para traer a los traficantes de humanos ante la justicia y el restaurar las vidas de los sobrevivientes del tráfico humano deben estar entre las máximas prioridades del Departamento de Justicia.
El Distrito Este de California tiene una lograda historia de procesamientos de casos relacionados al tráfico de sexo de menores. La evolución reciente de dichos casos incluyen los siguientes acontecimientos: El 14 de diciembre de 2015, Tyrell Richmond, de 33 años de edad y residente de Visalia, se declaró culpable de tráfico de sexo de un menor. El 10 de septiembre de 2015, un gran jurado federal en Sacramento acusó a Jeremy Ray Warren, de 22 años de edad y residente de Vallejo, y a Alyssa Tegan Brulez, de 22 años de edad y residente de Vacaville, de traficar con niños y se presentó una imputación por separado acusando a Jarrail Lamont Smith, de 23 años de edad y residente de Cleveland, Ohio, de transportar menores con el intento de inmiscuir en la prostitución. El 24 de agosto de 2015, Javier Solís, de 30 años de edad y residente de Fresno, fue sentenciado a 11 años y nueve meses de prisión por el tráfico de sexo de un menor. El 18 de agosto de 2015, Michael Anthony Andrade, de 35 años de edad y residente de Fresno, fue sentenciado a 12 años y siete meses de prisión por el tráfico de sexo de un menor.
Dunklin County Woman Charged in Federal Indictment Alleging Mail FraudRead the Press Release
Cape Girardeau, MO – PAMELA O'DELL was indicted on charges alleging mail fraud involving the misuse of approximately $52,000 in Supplemental Nutrition Assistance Program benefits.
According to the indictment, O’Dell was employed as an Eligibility Specialist (ES) by the Missouri Department of Social Services, Family Support Division (FSD) in Dunklin County, Missouri. In this position, O’Dell was responsible for processing applications for the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program. She was also responsible for updating SNAP recipients' files with address changes and if their eligibility for the program was terminated. The indictment alleges that between 2009 and 2014, when SNAP applicants and recipients reported to the FSD that they no longer wished to apply for or receive benefits, O’Dell changed their address to the FSD office in Dunklin, which issued a new Electronic Benefits Transfer Card (EBT), using her information. She converted the EBT cards to her personal use to purchase items from stores such as Wal-Mart and Hay’s Grocery in Paragould, Arkansas.
O’Dell, Senath, MO, was indicted by a federal grand jury in Cape Girardeau on one felony count of mail fraud.
If convicted, mail fraud carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Missouri Department of Social Services, Division of Legal Services and the United States Department of Agriculture-Office of Inspector General-Investigations. Assistant United States Attorney Anthony L. Franks is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Delaware County Dairy Cattle Farmer Sentenced for Illegal Alien HarboringRead the Press Release
A Delaware County, Iowa, man was sentenced on December 31, 2015, after having pled guilty in federal court in Cedar Rapids to one count of harboring, encouraging, and inducing an alien to reside in the United States for the purpose of commercial advantage or personal financial gain.
Michael Thomas Millenkamp, age 47, of rural Earlville, Iowa, owner and operator of Mike Millenkamp Dairy Cattle (MMDC), was sentenced to serve three months in the custody of the United States Bureau of Prisons. He was also ordered to pay a fine of $5,000 and to forfeit $245,000 to the United States. Millenkamp will serve a term of 3 years supervised release following completion of his sentence to imprisonment.
As part of the conditions of supervised release, Millenkamp will be required to complete Immigration Forms I-9 for all of his employees and to maintain copies of all identification documents provided for purposes of employment. Millenkamp will also be required to make at least two presentations at annual conventions sponsored by the Iowa Cattle Industry, Iowa Cattlemen’s Association, Iowa Farm Bureau, Iowa Farmers Union, or similar groups of statewide membership concerning his case. If he is unable to arrange such presentations, Millenkamp will be permitted to submit letters to the editor or guest editorials to newspapers concerning his case. Millenkamp also agreed to retain the services of a technical service provider to assess and audit any environmental concerns with his animal feeding operations and to ensure ongoing compliance with State of Iowa Water Quality Standards. If the environmental assessment indicates deficiencies in Millenkamp’s operations, he will be required to remediate those problems. Finally, Millenkamp agreed to participate in a government program that will help verify the validity of identity documents provided for employment.
In a plea agreement, Millenkamp admitted that between 2007 and 2011, he employed numerous illegal aliens at his business near Earlville. Some of the illegal alien employees were permitted to reside at one or more farms owned by him. Millenkamp admitted he told one illegal alien:
“these people I know, they’re my friends, and they’re like, Mike why are you hiring people that are illegal? Why are you hiring people illegal Mike? I said, I don’t know. But I knew I had to lie, I had to lie.”
In statements to the Court at sentencing, the prosecutor noted Millenkamp acknowledged at least five workers he had employed were illegally in the country. However, records showed at least 16 other foreign born workers had documents with invalid identification numbers or belonging to another person.
When imposing sentence, Chief United States District Court Judge Linda R. Reade noted defendant’s prior criminal record, including two OWI convictions and 19 speeding tickets. The Court also noted it was important to hold employers accountable for compliance with the laws regarding employment eligibility verification.
United States Attorney Kevin W. Techau stated, “I hope Iowa business owners are listening. You can go to prison for knowingly employing undocumented workers. Violating federal law is not a good business strategy. We are committed to preserving the rule of law. Employers that seek to gain an unfair business advantage over their competitors by using illegal workers should take note of this sentence. Investigations like this one are an essential part of our enforcement strategy.”
Techau went on to note, “We remain resolute in our responsibility to hold employers accountable for their actions and to give law-abiding businesses a fair chance to compete. As an agricultural businessman, Mr. Millenkamp’s “lesson learned” presentations to the Iowa Cattle Industry and Iowa Farm Bureau members about his crimes, as well as the requirement that his animal feeding operations be monitored to ensure compliance with State of Iowa Water Quality Standards, are a significant component of his sentence.”
Recognizing the diligent investigative efforts, U.S. Attorney Techau concluded by stating, “I would like to thank our partners at Home land Security Investigations for their hard work on this important investigation.”
The case was being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-02031-LRR.
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Decavalcante Crime Family Associate Gets Six Years in Prison for Cocaine Distribution, Planning A Prostitution BusinessRead the Press Release
NEWARK, N.J. – An associate of the DeCavalcante crime family of La Cosa Nostra was sentenced today to 72 months in prison for selling 1,915 grams of cocaine, planning a prostitution operation and possessing a 12-gauge shotgun as a convicted felon, U.S. Attorney Paul J. Fishman announced.
Anthony Stango, 34, of Brick, New Jersey, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with conspiracy to distribute 500 grams or more of cocaine, use of the telephone in interstate commerce to promote a prostitution operation and possession of a firearm by a convicted felon. Judge Walls imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Stango was arrested March 12, 2015, as part of a sweep of 10 members of the DeCavalcante crime family, which operated in New Jersey and elsewhere. The crime family engaged in numerous offenses, including fraud, distribution of controlled substances, prostitution, gambling, the sale of stolen and contraband goods, murder, assault, extortion, and other crimes of violence.
Stango admitted conducting a drug operation that, on eight separate occasions from December 2014 to March 2015, sold a total of 1,915 grams of cocaine to an undercover law enforcement officer. During that same time period, Stango worked to set up a prostitution operation in New Jersey. Recorded conversations reflected discussions he had with a conspirator (identified as “CS”) who at the time was living in Nevada. Stango advised CS that he had already talked to one or more prostitutes about the details of the operation, their fees and the conditions under which the women would be providing services. Stango also admitted possessing an H&R Pardner 12-gauge pump action shotgun while being a convicted felon.
In addition to the prison term, Judge Walls sentenced Stango to serve five years of supervised release.
U.S. Attorney Fishman credited the members of the FBI’s Organized Crime Task Force under the direction of Special Agent in Charge Richard M. Frankel in Newark; the Waterfront Commission of New York Harbor, under the direction of Executive Director Walter M. Arsenault; the Bayonne Police Department, under the direction of Chief Drew Niekrasz; and the N.J. State Commission of Investigation, under the direction of Acting Executive Director Lee C. Seglem, with the investigation leading to today’s sentencing. He also thanked the FBI’s Las Vegas office and the Union County Prosecutor’s Office for their roles in the investigation.
The government is represented by Senior Litigation Counsel V. Grady O’Malley and Assistant U.S. Attorney James Donnelly of the U.S. Attorney’s Office’s Organized Crime/Gangs Unit.
Defense counsel: Gary Mizzone Esq., Little Falls, New Jersey
Dayton Men Charged for Dealing Herion, Fentanyl that Resulted in User DeathsRead the Press Release
DAYTON – A federal grand jury has charged Charles M. McBeath, 32, of Dayton, and Antonio J. Spiva, 24, of Dayton, with conspiring to distribute heroin and fentanyl, distributing fentanyl that resulted in the death of at least two individuals, distributing heroin and maintaining properties for the purpose of using and distributing the drugs in a 10-count indictment returned in Dayton.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Montgomery County Sheriff Phil Plummer, Dayton Police Chief Richard Biehl and other members of the Heroin Eradication Apprehension Team (HEAT) announced the indictment that was unsealed today.
The indictment alleges that through late May 2015, McBeath and Spiva distributed heroin and fentanyl while maintaining operations at residences located on E. Fifth Street, S. Torrence Street and S. Horton Street, all in Dayton. It is alleged that their distribution of fentanyl on May 25, 2015 resulted in the overdose death of two individuals.
Distributing more than 100 grams of heroin carries a mandatory minimum of 5 years up to a maximum potential sentence of 40 years in prison. Distribution resulting in death is a crime that is punishable by a mandatory minimum of 20 years up to lifetime imprisonment. Maintaining a property for the purpose of distributing or using illegal drugs is punishable by up to 20 years imprisonment.
McBeath and Spiva are also charged with three counts of distributing heroin. Each count carries a maximum sentence of 20 years in prison.
Both defendants remain in custody.
The HEAT initiative was announced in May 2015 and includes the U.S. Attorney’s Office, DEA, Dayton Police Department, Montgomery County Sheriff’s Office, Montgomery County Coroner’s Office, and the Miami Valley Regional Crime Laboratory. The intent of the task force is to prosecute heroin and fentanyl suppliers who contribute to both fatal and non-fatal overdoses in Montgomery County.
U.S. Attorney Stewart commended the investigation of this case by HEAT, and Assistant U.S. Attorney Sheila Lafferty, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Conspirator Sentenced to 8 Years in Prison for Robbing Casino PatronsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Jose Hector Laguerre, age 47, of Baltimore, today to eight years in prison, followed by three years of supervised release, for conspiring to commit robbery in connection with several robberies of patrons of the Maryland Live Casino.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Mark A. Magaw of the Prince George’s County Police Department; and Anne Arundel County Police Chief Tim Altomare.
According to his plea agreement, on three occasions from November 1 to November 10, 2013, Laguerre and co-conspirator Willie Fleming used a firearm to rob a total of eight patrons of the Maryland Live Casino located in Hanover, Maryland. Fleming instigated the robberies in order to pay his gambling and marijuana trafficking debts. Fleming obtained and maintained possession of the handgun used in the robberies, and committed an additional robbery with another co-conspirator of three casino patrons on October 27, 2013.
Video surveillance from the casino showed Laguerre and Fleming following patrons inside the casino, and then by car as they drove out of the casino garage. The co-conspirators robbed the victims at gunpoint after the victims got out of their cars to enter their homes, or in one instance, as they rested in their car while parked in a shopping center lot on their way home. The robbers stole a total of at least $26,000 in cash, a check and personal property such as jewelry, credit cards, cell phones, wallets, purses and clothing.
On November 14, 2013, Fleming was arrested for drug and gun offenses in Baltimore while he was in the vehicle used to commit the robberies. A search warrant was executed on the car and law enforcement seized ski masks, a vest worn by Laguerre in a casino video, jewelry stolen from the victims and a receipt for valet parking at the casino dated the same day as one of the robberies.
Willie Hernandez Fleming, age 37, of Baltimore, previously pleaded guilty to his role in the robberies and was sentenced to 137 months in prison.
United States Attorney Rod J. Rosenstein commended the FBI, Maryland State Police, and the Montgomery County, Prince George’s County and Anne Arundel County Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney John F. Purcell, Jr., who prosecuted the case.
Chesapeake Man Sentenced to 11 Years in Child Pornography CaseRead the Press Release
NORFOLK, Va. – Charles Gibbons, 48, of Chesapeake, was sentenced today to 132 months in prison for receipt of child pornography. Gibbons was also sentenced to 20 years of supervised release and fined $35,000.
Gibbons pleaded guilty on Sept. 9, 2015. According to court documents, in May 2014, the Hanover County Sheriff’s Office was conducting an undercover investigation into people using peer to peer file sharing programs to distribute child pornography on the Internet. The investigation led to the residence of Gibbons, after law enforcement downloaded numerous images of child pornography from his computer. Law enforcement executed a search warrant at Gibbons’ residence and seized numerous items of computer media. A subsequent forensic analysis of the computer media revealed that Gibbons had over 6,400 images and 1,000 video files of child pornography.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington; and Col. K.L. Wright, Chief of Chesapeake Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Elizabeth M. Yusi and Trial Attorney Leslie Williams Fisher with the Child Exploitation and Obscenity Section of the Department of Justice prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 2:15cr59.
Cape Girardeau County Man Charged in Federal Indictment Involving Food Stamp FraudRead the Press Release
Cape Girardeau, MO – The co-owner of B & H Convenience store was indicted on charges alleging the misuse of the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program. The indictment alleges that between January 2010 and March 2014, PATRICK BUCK illegally redeemed approximately $800,000 in SNAP benefits.
According to the indictment, the Missouri Department of Social Services, Family Support Division (FSD) issues Electronic Benefits Transfer Cards (EBT) for the Supplemental Nutrition Assistance Program (SNAP), more commonly known as food stamps. Authorized grocery retailers can only accept and redeem SNAP benefits for the sale of eligible food items. They are not permitted to exchange or redeem SNAP benefits for cash or other ineligible items, such as household goods, alcoholic beverages, tobacco products, cellular telephones or other non-food items.
Patrick Buck, Cape Girardeau, MO, was indicted by a federal grand jury in Cape Girardeau on five felony counts of unauthorized use of SNAP benefits. The indictment alleges that Buck paid cash for SNAP benefits. Buck also exchanged SNAP benefits for tobacco products.
If convicted, each count of the indictment carries a maximum penalty of five years in prison and/or fines up to $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the United States Department of Agriculture-Office of Inspector General-Investigations and Sikeston Department of Public Safety. Assistant United States Attorney Anthony L. Franks is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Cape Girardeau County Man Charged in Federal Indictment Involving Crop Insurance FraudRead the Press Release
Cape Girardeau, MO – BOBBY DAVID LOWREY was indicted on multiple charges involving federal crop insurance fraud, theft of government property and wire fraud.
According to the indictment, Bobby David Lowrey owned and operated farms and related businesses in Parma, New Madrid County, Missouri, including Bobby David Lowrey Farms; Bob Lowrey Farms; Lowrey and Lowrey, Inc. of Parma, Missouri; John Radin Farms and Kathy Ellsworth Farms.
The indictment alleges that Bobby David Lowrey placed farms in other people’s names in order to obtain Direct and Counter-cyclical Payment Program proceeds that he was not eligible to receive under the federal government’s crop insurance program. The investigation disclosed that John Radin, the alleged operator of Radin Farms, was employed by Bobby David Lowrey, was not actively engaged in farming and did not have any financial interest in the farming operations. Lowery made false statements to the United States Department of Agriculture pertaining to the Federal Crop Insurance Corporation and Direct and Counter-cyclical Payment Program.
From 2007 to 2012, Bobby David Lowrey obtained $240,367 in Direct and Counter-cyclical Payments in the name of John Radin Farms. Additionally, $207,729 worth of Multiple Peril Crop Insurance Indemnities, premium subsidies and administrative subsidies were paid on behalf of John Radin Farms between 2008 and 2012.
The investigation also disclosed that between 2006 and 2011, Bobby David Lowrey transmitted by wire “Extended Work Search Waivers” to the Missouri Division of Employment Security and reported that his employees were on a temporary layoff, when in reality they were still working and being paid. The transmissions made to the Missouri Division of Employment Security resulted in more than $60,000 worth of unemployment insurance benefits being paid to employees that they were not eligible to receive.
Bobby David Lowrey, Parma, MO, was indicted by a federal grand jury in Cape Girardeau on two felony counts of making false statements regarding crop insurance benefits, one felony count of theft of government property and one felony count of wire fraud. He appeared for arraignment in federal court today in St. Louis.
If convicted, these charges carry penalties ranging from 5 to 30 years in prison and or fines up to $1 million. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the United States Department of Agriculture-Office of Inspector General-Investigations, Missouri State Highway Patrol-Rural Crimes Investigative Unit, and United States Department of Labor-Office of Inspector General-Investigations. Assistant United States Attorney Anthony L. Franks is handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty
Buffalo Man Pleads Guilty to Theft and AssaultRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Norris King, 52, of Buffalo, NY, pleaded guilty to theft and assault within special maritime and territorial jurisdiction of the United States before U.S. Magistrate Judge Hugh B. Scott. The charge carries a maximum penalty of two years in prison.Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on December 9, 2015, at the Veterans’ Affairs Medical Center in Buffalo, the defendant attempted to steal three North Face winter jackets, each valued at $179.00, from the Veteran Canteen Services. King was pursued and ultimately detained by the store manager and a second VA employee. During flight, the defendant assaulted an elderly veteran seeking medical treatment.
Sentencing is scheduled for April 20, 2016 before Judge Scott.
The plea is the result of an investigation by the U.S. Department of Veterans’ Affairs, Criminal Investigations Division.
Buffalo Man Indicted on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury has indicted Darryl Bagby, 32, of Buffalo, NY, on a charge of being a felon in possession of ammunition. The charge carries aAssistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a complaint filed earlier, on November 25, 2015, the Erie County Sheriff’s Department executed a search warrant at the defendant’s residence at 116 Bidwell Parkway in Buffalo. Deputies recovered one round of 7.62 X 39 caliber ammunition and one round of 9mm caliber ammunition, more than $19,000 of cash in United States currency, cocaine, a digital scale and other drug paraphernalia. Further investigation determined that some of the ammunition was manufactured in Russia.
The defendant was previously alleged in Court to be a member of the Central Park Gang which operates primarily in the Central Park neighborhood in Buffalo.
Bagby will be arraigned on January 7, 2016 at 10:00 a.m. before U.S. Magistrate Judge Hugh B. Scott.
The indictment is the culmination of an investigation by the Erie County Sheriff’s Department, under the direction of Timothy Howard and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Broken Bow Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ANTONIO JUAN PAREDES, age 26, of Broken Bow, Oklahoma, pled guilty to ASSAULT WITH A DANGEROUS WEAPON, in violation of Title 18, United States Code, Sections 1153, 1151 and 113(a)(3), punishable by not more than 10 years imprisonment, a fine of up to $250,000.00 or both.
The charges are a result of an investigation by the Choctaw Nation Tribal Police, the Broken Bow Police Department and the Federal Bureau of Investigation. The defendant was indicted in December, 2015.
The Indictment alleged that on or about July 21, 2012, in the Eastern District of Oklahoma, at the Choctaw Travel Plaza in Broken Bow, Oklahoma, in Indian Country, within the special maritime and territorial jurisdiction of the United States, the defendant, ANTONIO JUAN PAREDES, an Indian, assaulted M.C. with a dangerous weapon, with the intent to do bodily harm.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Edward Snow represented the United States.
Bergen County, New Jersey, Man Sentenced to Three Years in Prison for Failing to Register as A Sex OffenderRead the Press Release
NEWARK, N.J. – A Teaneck, New Jersey, man was sentenced today to 36 months in prison for failing to register as a sex offender when he moved to New Jersey in the fall of 2013, U.S. Attorney Paul J. Fishman announced.
Richard Joseph, a/k/a “Richard Beltre,” a/k/a “Joseph Richards,” a/k/a “Aaron Joseph,” 43, who is classified as a Tier III sex offender in New York, was previously convicted of one count of failing to register or update a registration as required by the Sex Offender Registration and Notification Act (“SORNA”). Joseph was convicted following a bench trial before U.S. District Judge Susan D. Wigenton, who imposed the sentence today in Newark federal court.
SORNA requires that all sex offenders who, among other things, travel in interstate or foreign commerce, must register as a sex offender and keep that registration current in each jurisdiction where the sex offender resides.
According to documents filed in this case and the factual stipulations presented at trial:
Joseph was required to register as a sex offender due to his 2002 conviction in New York for rape in the third degree. He first registered as a sex offender in New York using the alias “Richard J. Beltre” in 2006 and knew that he was required to register as a sex offender every time he changed his address. However, when Joseph was released from the custody of the N.Y. State Department Correctional Services in 2013, he failed to report as directed by the N.Y. State Division of Parole and a warrant was issued for his arrest. He was eventually arrested on Oct. 11, 2013, having lived in Bergen County since Sept. 7, 2013. During that time, Joseph failed to register as a sex offender in New Jersey.
In addition to the prison term, Judge Wigenton sentenced Joseph to serve three years of supervised release.
U.S. Attorney Fishman credited the U.S. Marshals Service, under the direction of U.S. Marshal Juan Mattos, Jr., and the U.S. Marshals Service New York/New Jersey Regional Fugitive Task Force with the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorneys Sara F. Merin and Jane H. Yoon of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Timothy Donohue Esq., West Orange, New Jersey
Bellefonte Man Charged with Possession of Child PornographyRead the Press Release
WILLIAMSPORT -The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert J. Elder, a resident of Bellefonte, Pennsylvania was charged today with Possession of child pornography in a Criminal Information filed in the U.S. District Court in Williamsport.
According to United States Attorney Peter Smith, Elder, age 39, allegedly committed the offense in August 2014 at his residence in Bellefonte.
The government is also seeking forfeiture of a computer, tapes, DVDs, hard drives and discs seized during the search of Elder’s residence. The government filed a plea agreement with the defendant which is subject to the approval of the court.
The investigation was conducted by the United States Postal Service as part of an investigation of a child pornography website. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine of $250,000. 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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Baltimore Man Sentenced to 15 Years for Robbing Eight Businesses in Two WeeksRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Ricky Tolson, age 45, of Baltimore, today to 15 years in prison followed by three years of supervised release for robbery.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Commissioner Kevin Davis of the Baltimore Police Department; Chief Gary Gardner of the Howard County Police Department; Baltimore City State’s Attorney Marilyn J. Mosby; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, from June 7 to 20, 2015, Tolson entered the following eight businesses, located in Maryland, demanding money from their employees: Ramada Inn in Pikesville, Roland Park Exxon Gas station on Falls Road in Baltimore, Shell Gas station on Smith Avenue in Baltimore, Sunoco Gas station in Pikesville, SF Mini Mart in Clarksville, BP Gas station in Lutherville, Cricket Store in Owings Mills and the Game Stop on Old Court Road in Baltimore.
In each robbery, Tolson made it appear to the employees that he had a gun. After his arrest on June 24, 2015, however, he told investigators that he did not have a gun. Tolson fled from five of the robbery scenes with approximately $2,915 in cash. He fled from another two scenes with an undetermined amount of cash, and fled the BP gas station before he stole any money.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore County State’s Attorney’s Office, Baltimore County Police, Baltimore City Police, Howard County Police and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Matthew K. Hoff, a cross-designated Baltimore City Assistant State’s Attorney, who prosecuted the case.
Bakersfield Man Sentenced to 9 Years in Prison for Possessing Methamphetamine for DistributionRead the Press Release
FRESNO, Calif. — Jesus Manuel Peraza Ruiz, 56, of Bakersfield, was sentenced Monday by United States District Judge Lawrence J. O'Neill to nine years in prison for possessing methamphetamine with the intent to distribute, United States Attorney Benjamin B. Wagner announced.
According to court documents, a vehicle driven by Peraza Ruiz was stopped in Kern County, and a narcotics detection K-9 alerted to six packages of methamphetamine inside a hidden compartment. The methamphetamine weighed 5.8 pounds and the Drug Enforcement Administration laboratory determined it was 98.8 percent pure.
This case was the product of an investigation by the Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bakersfield Police Department, the Kern County Sheriff’s Office, and the Kern County Probation Department. Assistant United States Attorney Laurel J. Montoya prosecuted the case.
Peraza Ruiz’s co-defendants were previously sentenced by Judge O’Neill: Baltazar Garcia was sentenced to 10 years in prison, Adam Vega was sentenced to eight years in prison, and Robert Canchola was sentenced to five years and 10 months in prison.
Authorities Arrest Eight Today in Connection with Liquid/Crystal Methamphetamine Distribution Operation in the Odessa AreaRead the Press Release
Today, federal, state and local authorities arrested eight individuals for their role in a methamphetamine distribution scheme operating in the Odessa area. A federal grand jury indictment unsealed today charges those eight, along with 15 other individuals who were previously arrested, with conspiracy to possess with intent to distribute methamphetamine, announced United States Attorney Richard L. Durbin, Jr., Western District of Texas, and Drug Enforcement Administration (DEA) Special Agent in Charge Will Glaspy, El Paso Division.
“These defendants are accused of using family connections to establish a drug distribution ring that converted large quantities of liquid methamphetamine into crystal methamphetamine and sold it on the streets of Odessa,” stated United States Attorney Richard L. Durbin, Jr. “The cooperation between the federal and local law enforcement agencies effectively disrupted this organization,” he added.
Between August 2015 and November 2015, the defendants, under the direction of brothers Moises and Jose Ramirez, allegedly conspired to distribute methamphetamine in the Western and Northern Districts of Texas. On September 21, 2015, Ector County Sheriff’s deputies seized approximately 3.5 pounds of methamphetamine from Henry Andrade, Sr. and Monica Berumen Lopez following a traffic stop in Odessa. In November 2015, federal and local authorities executed four search warrants in Odessa and seized a total of 11 pounds of methamphetamine allegedly belonging to this organization. Ten pounds of the seized methamphetamine was in the process of being converted from liquid into crystal form; the other pound was in crystal form.
“Today we dismantled a dangerous drug trafficking organization that sold and distributed methamphetamine throughout the Midland-Odessa area. I am extremely proud of the work DEA and our partners have done in this investigation to help keep the Permian Basin safe,” said DEA Special Agent in Charge Will Glaspy.
A list of the defendants charged in the federal grand jury indictment is attached. They face between ten years and life in federal prison upon conviction.
This investigation was conducted by DEA agents in Midland, El Paso and Oregon together with the Midland County Sheriff’s Office, Midland Police Department, Ector County Sheriff’s Office, Texas Department of Public Safety and Homeland Security Investigations (HSI). The United States Marshals Service assisted in today’s arrests. Assistant United States Attorney V. LaTawn Warsaw is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
Armstrong County Truck Driver Sentenced to Probation for Ripping Off Social SecurityRead the Press Release
PITTSBURGH – An Armstrong County truck driver has been sentenced in federal court to five years of probation with six months home detention (and ordered to pay $55,012 restitution) on his conviction of theft of government property, United States Attorney David J. Hickton announced today.
United States District Judge Terrence F. McVerry imposed the sentence on Billy Joe Toy, 45, of Worthington, Pennsylvania.
According to information presented to the court, Toy received Social Security disability insurance benefit payments based on his alleged inability to engage in any substantial gainful activity, and thereby caused $55,012 in disability payments to be paid to him and on behalf of his minor child, while he was employed as a truck driver and concealed his compensation for the payment of his wages to his wife’s business.
Prior to imposing sentence, Judge McVerry stated that this serious crime typically warrants imprisonment but Toy’s history and characteristics merited a sentence of probation with home confinement.
Assistant United States Attorney Leo M. Dillon prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Social Security Administration, Office of Inspector General, for the investigation leading to the successful prosecution of Toy.
Ada Man Pleads Guilty to Possession of Material Involving the Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ADRIAN MICHAEL SEAL, age 37, of Ada, Oklahoma, pled guilty to POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by up to 10 years imprisonment, a fine of up to $250,000.00 or both.
The charges are a result of an investigation by the Federal Bureau of Investigation. The defendant was indicted in December, 2015.
The Indictment alleged that between in or about October 2014 and on or about July 16, 2015, in the Eastern District of Oklahoma, the defendant, ADRIAN MICHAEL SEAL, did knowingly possess and attempt to possess matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Edward Snow represented the United States.
Monday 4 January 2016
Youngwood Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ERIE, Pa. - A resident of Youngsville, Pennsylvania, pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, United States Attorney David J. Hickton announced today.
Tyler Mitchell Engle, 23, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Engle possessed computer images depicting minors engaging in sexually explicit conduct.
Judge Cercone scheduled sentencing for May 16, 2016 at 10:45 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Engle on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Pennsylvania State Police conducted the investigation that led to the prosecution of Engle.
Waterloo Man Sentenced for Methamphetamine and Firearm ChargesRead the Press Release
A Waterloo man who conspired to distribute large quantities of methamphetamine and was a felon in possession of a firearm was sentenced last Thursday to more than 23 years in federal prison.
Derrick Plunkett, 37, from Waterloo, Iowa, received the prison term after an August 26, 2015, guilty plea to one count of conspiracy to distribute 500 grams or more of methamphetamine with a prior felony drug conviction and one count of possession of a firearm with three or more felony convictions for violent or serious drug crimes.
At the plea hearing, Plunkett admitted that he worked with others to distribute well more than 500 grams of methamphetamine in the Waterloo, Iowa, area between the spring of 2013 and May 2015. Plunkett admitted that on April 7, 2015, he was in possession of a Glock firearm and had previously been convicted of at least three felony offenses, specifically: Robbery-Second Degree and two separate cases of possession with intent to deliver methamphetamine.
Plunkett was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Plunkett was sentenced to 282 months’ imprisonment. A special assessment of $200 was imposed, and he must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Plunkett is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Patrick J. Reinert and Lisa Williams, and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 15-2035.
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United States Files Complaint Against Volkswagen, Audi and Porsche for Alleged Clean Air Act ViolationsRead the Press Release
The Department of Justice, on behalf of the Environmental Protection Agency (EPA), today filed a civil complaint in federal court in Detroit, Michigan, against Volkswagen AG, Audi AG, Volkswagen Group of America Inc., Volkswagen Group of America Chattanooga Operations LLC, Porsche AG and Porsche Cars North America Inc. (collectively referred to as Volkswagen). The complaint alleges that nearly 600,000 diesel engine vehicles had illegal defeat devices installed that impair their emission control systems and cause emissions to exceed EPA’s standards, resulting in harmful air pollution. The complaint further alleges that Volkswagen violated the Clean Air Act by selling, introducing into commerce, or importing into the United States motor vehicles that are designed differently from what Volkswagen had stated in applications for certification to EPA and the California Air Resources Board (CARB).
“Car manufacturers that fail to properly certify their cars and that defeat emission control systems breach the public trust, endanger public health and disadvantage competitors,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The United States will pursue all appropriate remedies against Volkswagen to redress the violations of our nation’s clean air laws alleged in the complaint.”
“With today’s filing, we take an important step to protect public health by seeking to hold Volkswagen accountable for any unlawful air pollution, setting us on a path to resolution,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “So far, recall discussions with the company have not produced an acceptable way forward. These discussions will continue in parallel with the federal court action.”
“Today’s complaint is the first stage in bringing Volkswagen to justice for failing to disclose the defeat device while seeking certification for its diesel vehicles from EPA’s Office of Transportation and Air Quality in Ann Arbor, Michigan,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan. “The alleged misrepresentations allowed almost 600,000 diesel engines to emit excessive air pollution across the country, harming our health and cheating consumers.”
Consistent with EPA’s Notices of Violation, issued on Sept. 18, 2015, for 2.0 liter engines and Nov. 2, 2015 for certain 3.0 liter engines, the complaint alleges that the defeat devices cause emissions to exceed EPA’s standards during normal driving conditions. The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet applicable federal emission standards to control air pollution. Motor vehicles equipped with illegal defeat devices cannot be certified.
The complaint alleges that Volkswagen equipped certain 2.0 liter vehicles with software that detects when the car is being tested for compliance with EPA emissions standards and turns on full emissions controls only during that testing process. During normal driving situations the effectiveness of the emissions control devices is greatly reduced. This results in cars that meet emissions standards in the laboratory and at the test site, but during normal on-road driving emit oxides of nitrogen (NOx) at levels up to 40 times the EPA compliance level. In total, the complaint covers approximately 499,000 2.0 liter diesel vehicles sold in the United States since the 2009 model year.
The complaint further alleges that Volkswagen also equipped certain 3.0 liter vehicles with software that senses when the vehicle is undergoing federal emissions testing. When the vehicle senses the test procedure, it operates in a “temperature conditioning” mode and meets emissions standards. At all other times, including during normal vehicle operation, the vehicles operate in a “normal mode” that permits NOx emissions of up to nine times the federal standard. In total, the complaint covers approximately 85,000 3.0 liter diesel vehicles sold in the United States since the 2009 model year.
NOx pollution contributes to harmful ground-level ozone and fine particulate matter. These pollutants are linked with asthma and other serious respiratory illnesses. Exposure to ozone and particulate matter is also associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. Recent studies indicate that the direct health effects of NOx are worse than previously understood, including respiratory problems, damage to lung tissue and premature death.
Today’s filing of a civil complaint under Sections 204 and 205 of the Clean Air Act seeks injunctive relief and the assessment of civil penalties. A civil complaint does not preclude the government from seeking other legal remedies. The United States will seek to transfer its case and fully participate in the pretrial proceedings now initiated in the related multi-district litigation in the Northern District of California. The United States’ investigation is ongoing, in close coordination with CARB. EPA and CARB have been in active discussion with Volkswagen about potential remedies and recalls to address the noncompliance, and those discussions are ongoing.
Affected 2.0 liter diesel models and model years include:
- Jetta (2009-2015)
- Jetta Sportwagen (2009-2014)
- Beetle (2013-2015)
- Beetle Convertible (2013-2015)
- Audi A3 (2010-2015)
- Golf (2010-2015)
- Golf Sportwagen (2015)
- Passat (2012-2015)
Affected 3.0 liter diesel models and model years include:
- Volkswagen Touareg (2009-2016)
- Porsche Cayenne (2013-2016)
- Audi A6 Quattro (2014-2016)
- Audi A7 Quattro (2014-2016)
- Audi A8 (2014 – 2016)
- Audi A8L (2014-2016)
- Audi Q5 (2014-2016)
- Audi Q7 (2009-2015)
United States Files Complaint Against Volkswagen, Audi and Porsche for Alleged Clean Air Act ViolationsRead the Press Release
WASHINGTON – The Department of Justice, on behalf of the Environmental Protection Agency (EPA), today filed a civil complaint in federal court in Detroit, Michigan, against Volkswagen AG, Audi AG, Volkswagen Group of America Inc., Volkswagen Group of America Chattanooga Operations LLC, Porsche AG and Porsche Cars North America Inc. (collectively referred to as Volkswagen). The complaint alleges that nearly 600,000 diesel engine vehicles had illegal defeat devices installed that impair their emission control systems and cause emissions to exceed EPA’s standards, resulting in harmful air pollution. The complaint further alleges that Volkswagen violated the Clean Air Act by selling, introducing into commerce, or importing into the United States motor vehicles that are designed differently from what Volkswagen had stated in applications for certification to EPA and the California Air Resources Board (CARB).
“Car manufacturers that fail to properly certify their cars and that defeat emission control systems breach the public trust, endanger public health and disadvantage competitors,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “The United States will pursue all appropriate remedies against Volkswagen to redress the violations of our nation’s clean air laws alleged in the complaint.”
“With today’s filing, we take an important step to protect public health by seeking to hold Volkswagen accountable for any unlawful air pollution, setting us on a path to resolution,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “So far, recall discussions with the company have not produced an acceptable way forward. These discussions will continue in parallel with the federal court action.”
“Today’s complaint is the first stage in bringing Volkswagen to justice for failing to disclose the defeat device while seeking certification for its diesel vehicles from EPA’s Office of Transportation and Air Quality in Ann Arbor, Michigan,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan. “The alleged misrepresentations allowed almost 600,000 diesel engines to emit excessive air pollution across the country, harming our health and cheating consumers.”
Consistent with EPA’s Notices of Violation, issued on Sept. 18, 2015, for 2.0 liter engines and Nov. 2, 2015 for certain 3.0 liter engines, the complaint alleges that the defeat devices cause emissions to exceed EPA’s standards during normal driving conditions. The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet applicable federal emission standards to control air pollution. Motor vehicles equipped with illegal defeat devices cannot be certified.
The complaint alleges that Volkswagen equipped certain 2.0 liter vehicles with software that detects when the car is being tested for compliance with EPA emissions standards and turns on full emissions controls only during that testing process. During normal driving situations the effectiveness of the emissions control devices is greatly reduced. This results in cars that meet emissions standards in the laboratory and at the test site, but during normal on-road driving emit oxides of nitrogen (NOx) at levels up to 40 times the EPA compliance level. In total, the complaint covers approximately 499,000 2.0 liter diesel vehicles sold in the United States since the 2009 model year.
The complaint further alleges that Volkswagen also equipped certain 3.0 liter vehicles with software that senses when the vehicle is undergoing federal emissions testing. When the vehicle senses the test procedure, it operates in a “temperature conditioning” mode and meets emissions standards. At all other times, including during normal vehicle operation, the vehicles operate in a “normal mode” that permits NOx emissions of up to nine times the federal standard. In total, the complaint covers approximately 85,000 3.0 liter diesel vehicles sold in the United States since the 2009 model year.
NOx pollution contributes to harmful ground-level ozone and fine particulate matter. These pollutants are linked with asthma and other serious respiratory illnesses. Exposure to ozone and particulate matter is also associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. Recent studies indicate that the direct health effects of NOx are worse than previously understood, including respiratory problems, damage to lung tissue and premature death.
Today’s filing of a civil complaint under Sections 204 and 205 of the Clean Air Act seeks injunctive relief and the assessment of civil penalties. A civil complaint does not preclude the government from seeking other legal remedies. The United States will seek to transfer its case and fully participate in the pretrial proceedings now initiated in the related multi-district litigation in the Northern District of California. The United States’ investigation is ongoing, in close coordination with CARB. EPA and CARB have been in active discussion with Volkswagen about potential remedies and recalls to address the noncompliance, and those discussions are ongoing.
Affected 2.0 liter diesel models and model years include:
- Jetta (2009-2015)
- Jetta Sportwagen (2009-2014)
- Beetle (2013-2015)
- Beetle Convertible (2013-2015)
- Audi A3 (2010-2015)
- Golf (2010-2015)
- Golf Sportwagen (2015)
- Passat (2012-2015)
Affected 3.0 liter diesel models and model years include:
- Volkswagen Touareg (2009-2016)
- Porsche Cayenne (2013-2016)
- Audi A6 Quattro (2014-2016)
- Audi A7 Quattro (2014-2016)
- Audi A8 (2014 – 2016)
- Audi A8L (2014-2016)
- Audi Q5 (2014-2016)
- Audi Q7 (2009-2015)
U.S. Attorney's Office announces Carol Casto takes office as Acting United States AttorneyRead the Press Release
CHARLESTON, W.Va. – The United States Attorney’s Office for the Southern District of West Virginia today announced that Carol A. Casto has taken office as Acting United States Attorney effective January 1, 2016. Casto succeeds R. Booth Goodwin II, who announced his resignation last week to return to his family’s law practice. Casto has served as First Assistant United States Attorney since 2010. From 1989 to 2010, she was an Assistant United States Attorney in the office’s criminal and civil divisions. Before joining the United States Attorney’s Office, Casto served as an Assistant Prosecuting Attorney for Kanawha County from 1983 to 1989.
Casto is a West Virginia native and an honors graduate of West Virginia University and the West Virginia University College of Law. She is admitted to practice law in the state of West Virginia, the United States District Courts for the Northern and Southern Districts of West Virginia, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States. Casto takes office by virtue of the federal Vacancies Reform Act of 1998, which provides for the temporary filling of offices that require presidential appointment and Senate confirmation.
“It is my honor and privilege to serve as Acting United States Attorney for the Southern District of West Virginia,” said Casto. “I stand on the shoulders of the exceptional and distinguished United States Attorneys before me, who made excellence in the pursuit of justice the standard for our practice. I have every confidence that with the talented, devoted and hardworking attorneys and staff in my office, we will continue the extraordinary work that the public deserves and has come to expect of us.”
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Two Georgia Real Estate Investors Plead Guilty to Rigging Bids at Public Home Foreclosure AuctionsRead the Press Release
The 11th and 12th Defendants Charged in Ongoing Investigation
Two Georgia real estate investors pleaded guilty today for their roles in bid-rigging and mail fraud conspiracies at public real estate foreclosure auctions in Georgia. Paul Chen and Ira Eisenberg each admitted that they agreed not to bid against others at certain public real estate foreclosure auctions and that they conspired to defraud mortgage holders and homeowners using the mail system.
“These individuals unlawfully rigged home foreclosure auctions, and then used payoffs and private side auctions to divide among themselves money that should have gone to mortgage holders and homeowners,” said Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division. “Together with our FBI colleagues, the division will bring to justice unscrupulous investors who scheme to rob unsuspecting mortgage holders and homeowners.”
“Incidents of bid rigging at public real estate auctions continue to be an issue in Georgia and elsewhere in the United States, and the FBI would like to remind the public that such matters are violations of federal law,” said Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Field Office. “The FBI will continue to work with the U.S. Department of Justice’s Antitrust Division in identifying, investigating and prosecuting those individuals engaged in such activities.”
Chen admitted to participating in the conspiracy in Fulton County, Georgia, from as early as February 2009 until at least March 2010, and Eisenberg admitted to participating from as early as August 2009 until at least February 2011. Additionally, Chen admitted to participating in the DeKalb County, Georgia, conspiracy from as early as November 2009 until at least September 2011. According to documents filed with the court, the purpose of the conspiracies was to suppress and restrain competition and divert money to the conspirators that otherwise would have gone to pay off the mortgage and other holders of debt secured by the properties and, in some cases, the defaulting homeowner.
These charges have been filed as a result of the ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section, the FBI’s Atlanta Division, and the U.S. Attorney’s Office of the Northern District of Georgia, in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information about the task force, please visit www.StopFraud.gov. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
Topeka Woman Sentenced for $416,000 EmbezzlementRead the Press Release
TOPEKA, KAN. - A Topeka woman was sentenced Monday to 18 months for embezzling from her employer, U.S. Attorney Barry Grissom said. She was ordered to pay $416,000 in restitution.
Lisa M. Davenport, 42, Topeka, Kan., pleaded guilty to one count of interstate transportation of embezzled funds. In her plea, she admitted the crime occurred while she was an officer manager for Kansas Associates, Inc., which was the Prudential Real Estate franchise in Topeka. She embezzled money from KAI by taking proceeds from the company’s commissions and depositing them into her personal account. A forensic audit determined she embezzled $416,000 from the company
Grissom commended the FBI and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Topeka Man Pleads Guilty to Federal Gun ChargeRead the Press Release
TOPEKA, KAN. - A Topeka man pleaded guilty Monday to a federal gun charge, U.S. Attorney Barry Grissom said.
Dallas L. Schnegelsiepen, Jr., 42, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. In his plea, Schnegelsiepen admitted that in 2008 he was convicted in Shawnee County District Court on a felony charge of attempted aggravated battery, which is a felony. As a result of the conviction, he was prohibited by federal law from possessing a firearm. On Sept. 11, 2015, police detectives who were investigating a shooting went to the house of Schnegelsiepen’s girlfriend to speak to her. While there, they arrested Schnegelsiepen, who was carrying a .25 caliber pistol in his waistband.
Sentencing is set for April 11. He faces a maximum penalty of 10 years in federal prison. Grissom commended the Topeka Police Department and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Sex Offender “Babysitter” Convicted of Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 42-year-old resident of Aransas Pass has admitted to sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Daniel Benson Billman appeared before Senior U.S. District Judge Janis Graham Jack in Corpus Christi and pleaded guilty to the charges.
At the hearing, Judge Jack heard that authorities had learned of a possible sexual assault involving a child in August 2015. The child was soon identified, confirmed the abuse and that Billman was the man who committed the crime.
Authorities executed a search warrant at Billman’s residence and seized several electronic media storage devices. Forensic examination led to the discovery of several images and videos of the child involved in sexual explicit conduct
Today, Billman admitted he sexually-assaulted the child and took explicit photographs and videos of the incident.
Billman and his girlfriend had placed an ad on craigslist offering babysitting services. The victim’s mother answered the ad and the girlfriend was supposed to care for the children. Instead, Billman sexually assaulted the seven-year-old girl in a hotel and in his girlfriend’s Ford Explorer. He also recorded the crime.
Judge Jack accepted the guilty plea today and set sentencing for March 17, 2016. At that time, Billman faces a minimum of 25 and up to 50 years in federal prison as well as possible $250,000 fine. Upon completion of any prison term imposed, Billman also faces a maximum of life on supervised release during which time the court can impose a number of special conditions designed to protect and prohibit the use of the Internet.
Billman was arrested on the federal charges in October 2015 and has been in custody since that time where he will remain pending his sentencing hearing.
The charges were the result of an investigation conducted by Homeland Security Investigations and the Aransas Pass Police Department with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Sean McKinnon Sentenced to 96 Months for Theft of Twelve Handguns from R&L Archery in BarreRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Sean McKinnon, 29, of Montpelier, was sentenced today for stealing 12 handguns from R&L Archery on March 15, 2015. United States District Judge William K. Sessions III sentenced McKinnon to 96 months in prison, to be followed by three years of supervised release. Judge Sessions also ordered McKinnon to pay restitution in the amount of $3,790 to R&L Archery and its insurance carrier for costs associated with the burglary.
According to court records, in the pre-dawn hours of March 15, 2015, McKinnon stole a Jeep from a Montpelier car dealership and drove to Barre, where he used a pry bar to forcibly enter R&L Archery, a federally-licensed firearms dealer. Once inside, he broke into a display case and stole twelve .22 caliber handguns. From there, McKinnon drove to Hartford, Connecticut where he traded the handguns to a drug dealer for heroin and cocaine, returning to Vermont within hours of the burglary. Two days later, federal and local law enforcement executed a search warrant at McKinnon’s Montpelier apartment, where they recovered a 20-gauge shotgun, approximately 45 bags of heroin, drug paraphernalia, several pry bars, and ammunition. During an interview with law enforcement on that day, McKinnon admitted to the R&L Archery burglary, and stated that he had traded the firearms for guns in Hartford. He further admitted that he had traded guns for drugs on previous occasions with the Connecticut drug dealer. McKinnon stated that among the previous trades was an SKS assault rifle, a .380 caliber handgun with a laser, and several other pistols.
The Hartford, Connecticut Police Department recovered one of the stolen handguns during an August 2015 car stop. The other eleven handguns have not been recovered.
Daniel Kumor, ATF Special Agent in Charge, Boston Field Division, noted the effect gun store burglaries has on communities. “The theft of firearms from a federal firearms licensee is a serious threat to public safety and this sentence today sends the message that it will not be tolerated. Firearms trafficking continues to be a top priority for ATF and our law enforcement partners, and we are committed to identifying and disrupting the sources of illegal firearms.” As U.S. Attorney Miller noted, “this case involved a convicted felon burglarizing a gun store and trafficking over a dozen firearms from Vermont to Connecticut, where they were traded for heroin and cocaine. Working with our state and local law enforcement partners, we will continue to aggressively prosecute those who illegally place guns in the hands of drug dealers.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Barre City, Barre Town, Montpelier, and Hartford, Connecticut Police Departments. The prosecution was handled by Assistant U.S. Attorney Kevin J. Doyle. McKinnon was represented by Elizabeth K. Quinn of the Federal Defender’s Office.
San Joaquin County Farmer Pleads Guilty to Assault on a Federal OfficerRead the Press Release
SACRAMENTO, Calif. — Andrew J. Watkins, 48, of Linden, pleaded guilty today before U.S. Magistrate Judge Edmund F. Brennan to a misdemeanor assault on a federal officer, United States Attorney Benjamin B. Wagner announced.
According to court documents, on February 27, 2012, Watkins pointed a semi‑automatic pistol at a United States Fish and Wildlife special agent while the agent was performing a field inspection for possible violation of the Endangered Species Act on fenced farmland owned by the Watkins family. Watkins continued to point the pistol at the agent even after the agent identified himself as a federal agent. The situation was diffused with the arrival of Watkins’ brother.
“We will prosecute persons who attempt to interfere with or intimidate federal law enforcement agents in the performance of their duties,” said U.S. Attorney Wagner.
Watkins is scheduled to be sentenced on March 21, 2016. The plea agreement contemplates a sentence of four years of probation, a fine between $10,000 and $25,000, and the condition that the defendant is prohibited from possessing any firearm outside his residence. The actual sentence, however, will be determined at the discretion of the court at the sentencing hearing.
This case is the product of an investigation by the U.S. Fish and Wildlife Service. Assistant U.S. Attorneys Richard Bender and Samuel Wong are prosecuting the case.
Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Richard Escobar, 69, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Escobar was arrested in Jan. 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Dec. 24, 2014, in Chaves County, N.M. According to the complaint, on Dec. 24, 2014, the Chaves County Metro Narcotics Task Force executed a search warrant on Escobar’s residence, vehicle and a storage unit, and seized approximately 312.2 grams of methamphetamine, $17,620.00 in cash, drug paraphernalia, and a firearm and ammunition. Escobar was subsequently indicted on the same charge on June 17, 2015.
During today’s proceedings, Escobar pleaded guilty to the indictment and admitted that on Dec. 24, 2014, officers found 312 grams of methamphetamine in a closet in his bedroom. Escobar also admitted that he intended to distribute the methamphetamine to others.
At sentencing, Escobar faces a statutory maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Escobar was remanded into custody after entering his guilty plea. He will remain detained pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Roswell office of the FBI and the Chaves County Metro Narcotics Task Force. Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Pittsburgh Man Conspired to Distribute Drugs in ErieRead the Press Release
ERIE, Pa. – A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.
Vincent Jamal Carter, 38, pleaded guilty to one count before United States District Judge David S. Cercone. In addition, Carter admitted that this conviction is a violation of his conditions of supervised release.
In connection with the guilty plea, the court was advised that from in and around September 2013 to in and around January 2015, Carter conspired with three co-defendants to possess with intent to distribute and distribute kilograms of marijuana that had been shipped to Erie from California.
Judge Cercone scheduled sentencing for May 16, 2016 at 11:30 a.m. The law provides for a maximum total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Homeland Security Investigations, the Drug Enforcement Administration, the Pennsylvania State Police, U.S. Border Patrol, the Internal Revenue Service, Criminal Investigation; the Pennsylvania Office of Attorney General Organized Crime Section, the U.S. Postal Inspection Service, the U.S. Marshals Service, and the Bureau of Alcohol Tobacco Firearms and Explosives conducted the investigation that led to the prosecution of Carter.
Owner of Three Los Angeles Clinics Sentenced to 78 Months in Prison for Medicare FraudRead the Press Release
WASHINGTON – The former owner and operator of three medical clinics located in Los Angeles was sentenced today to 78 months in prison for his role in a scheme that submitted more than $4.5 million in fraudulent claims to Medicare.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, Assistant Director in Charge David Bowdich of the FBI’s Los Angeles Division and Special Agent in Charge Chris Schrank of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) Los Angeles Region made the announcement.
Hovik Simitian, 48, of Los Angeles, pleaded guilty to one count of conspiracy to commit health care fraud on Aug. 18, 2015, and was sentenced today by U.S. District Court Judge Beverly Reid O’Connell of the Central District of California, who also ordered Simitian to pay $1,668,559 in restitution to Medicare.
Simitian owned and operated Columbia Medical Group Inc., Life Care Medical Clinic and Safe Health Medical Clinic, three medical clinics in Los Angeles. In connection with his guilty plea, Simitian admitted that from approximately February 2010 through June 2014, he and his co-conspirators paid illegal cash kickbacks to patient recruiters who brought Medicare beneficiaries to the clinics. Simitian also admitted that he and his co-conspirators then billed Medicare for lab tests and other services that were not medically necessary or were not actually provided to the Medicare beneficiaries, which they supported with false documentation they created. Simitian admitted that he submitted a total of $4,526,791 in false and fraudulent claims to Medicare and Medicare paid $1,668,559 on those claims.
“Not only is it illegal to pay for patient referrals – it potentially compromises patient care,” said United States Attorney Eileen M. Decker. “This scheme took nearly $1.7 million from the taxpayer-funded Medicare program, which paid bills submitted for services that in some cases were never provided. We will continue to fight health care fraud to protect Medicare – an important system that provides access to health care for millions of Americans.”
The FBI and HHS-OIG investigated the 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 of the Central District of California. Trial Attorneys Blanca Quintero and Alexander F. Porter of the Criminal Division’s 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 over 2,300 defendants who collectively have billed the Medicare program for over $7 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 Health Care Fraud Unit.
Owner of Three Los Angeles Clinics Sentenced to 78 Months in Prison for Medicare FraudRead the Press Release
The former owner and operator of three medical clinics located in Los Angeles was sentenced today to 78 months in prison for his role in a scheme that submitted more than $4.5 million in fraudulent claims to Medicare.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, Assistant Director in Charge David Bowdich of the FBI’s Los Angeles Division and Special Agent in Charge Chris Schrank of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) Los Angeles Region made the announcement.
Hovik Simitian, 48, of Los Angeles, pleaded guilty to one count of conspiracy to commit health care fraud on Aug. 18, 2015, and was sentenced today by U.S. District Court Judge Beverly Reid O’Connell of the Central District of California, who also ordered Simitian to pay $1,668,559 in restitution to Medicare.
Simitian owned and operated Columbia Medical Group Inc., Life Care Medical Clinic and Safe Health Medical Clinic, three medical clinics in Los Angeles. In connection with his guilty plea, Simitian admitted that from approximately February 2010 through June 2014, he and his co-conspirators paid illegal cash kickbacks to patient recruiters who brought Medicare beneficiaries to the clinics. Simitian also admitted that he and his co-conspirators then billed Medicare for lab tests and other services that were not medically necessary or were not actually provided to the Medicare beneficiaries, which they supported with false documentation they created. Simitian admitted that he submitted a total of $4,526,791 in false and fraudulent claims to Medicare and Medicare paid $1,668,559 on those claims.
The FBI and HHS-OIG investigated the 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 of the Central District of California. Trial Attorneys Blanca Quintero and Alexander F. Porter of the Criminal Division’s 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 over 2,300 defendants who collectively have billed the Medicare program for over $7 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.
Ohio Woman Admits Providing Drugs to Federal Inmate at PA PrisonRead the Press Release
ERIE, Pa. - A resident of Ashtabula, Ohio, pleaded guilty in federal court to a charge of providing contraband in prison, United States Attorney David J. Hickton announced today.
Patricia Peak, 37, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that on or about June 7, 2015, Peak provided marijuana and suboxone to Angel Gonzales while visiting him at the McKean Federal Correctional Institution in Bradford, Pennsylvania.
Judge Cercone scheduled sentencing for May 16, 2016 at 3:30 p.m. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Peak on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
Officers of the McKean Federal Correctional Institution conducted the investigation that led to the prosecution of Peak.
Missouri Man Pleads Guilty to Craigslist Counterfeit ConspiracyRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today, that Lewis Johnson, 35, of Florissant, Missouri, pled guilty in federal court to Conspiracy to Possess and Pass Counterfeit United States Currency. Sentencing has been set for March 31, 2016, in United States District Court in East St. Louis, Illinois. At sentencing, Johnson will face up to 5 years in prison, a fine of up to $250,000, and up to 3 years of supervised release.
During his plea hearing, Johnson admitted that he along with several others, had engaged in an agreement to manufacture counterfeit United States Currency and then use the currency to buy vehicles with counterfeit currency and then resell the vehicles for genuine United States currency. During August of 2013, the group contacted a person in Sandoval Illinois, who had listed his vehicle for sale on Craigslist. Johnson, along with the other conspirators then met with the seller in Sandoval, Illinois and purchased the vehicle for $2,400 in counterfeit $100 Federal Reserve Notes. Johnson and others involved in the conspiracy were arrested a short time after the fraudulent purchase by law enforcement from Carlyle, Clinton County and Sandoval.
The investigation in this case was conducted by the Carlyle and Sandoval Police Departments, the Clinton County Sheriff’s Office and the United States Secret Service. The case is being prosecuted by Assistant United States Attorney Ranley R. Killian.
Mission Man Convicted of Receiving Child Pornography via FacebookRead the Press Release
McALLEN, Texas – A 19-year-old resident of Mission has been convicted of receiving child pornography utilizing a false profile he established on Facebook, announced U.S. Attorney Kenneth Magidson.
Carlo Alberto Solis used a photograph of a real female but created a false Facebook account and solicited pornographic images from a young male.
“While technology in this era is a wonderful tool for connecting with others, it can also a very dangerous place, especially for children,” said Magidson. “Adults, parents, older siblings and caregivers need to be vigilant in their efforts to protect our children online. We need to teach them about these dangers, with whom they could be communicating and what information should and should not be shared.”
The investigation revealed that a 13-year-old male was enticed and then later coerced to sending pornographic images of himself through Facebook’s Instant Messaging (IM) application to an individual using the Facebook profile “Sandy Fernandez.” During the course of the investigation, agents were able to identify that Solis was in fact utilizing that false profile.
A federal search warrant was executed on Facebook Inc. for all of the communications of Sandy Fernandez. During a review of these communications, agents discovered a number of images sent to Solis through the Sandy Fernandez profile that depicted the minor child’s genitalia.
On March 5, 2015, authorities executed a federal search warrant on the residence where Solis was living. At that time, he admitted he had created a fictitious Facebook profile under the female alias of “Sandy Fernandez.” He further admitted that around September or October 2014, while using the profile of “Sandy Fernandez,” he enticed the 13-year-old male to send pornographic images of himself through Facebook IM. Solis admitted he received additional pornographic images from other males that were under the age of 18 while using this fake profile.
A review of Solis’ computer and phone as well as his Facebook profile of Sandy Fernandez showed numerous images of child pornography.
Chief U.S. District Judge Ricardo Hinojosa, who accepted the guilty plea, has set sentencing for March 29, 2016. At that time, Solis faces up to 20 years in federal prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The charges are the result of an investigation conducted by Homeland Security Investigations.
This case, prosecuted by Assistant U.S. Attorneys (AUSA) Kimberly Leo and David A. Lindenmuth, 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."
Militia Man Heads to Prison on Firearms ChargesRead the Press Release
BROWNSVILLE, Texas – A member of a citizen group known as “Rusty’s Rangers” or “Rusty’s Regulators” has been ordered to federal prison for being a felon in possession of a firearm on two separate occasions, announced U.S. Attorney Kenneth Magidson. Kevin Lyndel Massey, 49, of Quinlan, was found guilty Sept. 30, 2015, following a bench trial before the U.S. District Judge Andrew Hanen.
Today, U.S. District Judge Andrew Hanen, who presided over the trial, handed Massey a 41-month sentence to be immediately followed by three years of supervised release.
According to court records, “Rusty’s Rangers” or “Rusty’s Regulators” consisted of citizens who mounted armed patrols in the Rio Grande area allegedly in search of and to possibly apprehend aliens attempting to enter the U.S. illegally. On Aug. 29, 2014, law enforcement agents were pursuing suspected illegal aliens in heavy brush when they encountered an individual of the group. A Border Patrol agent allegedly perceived him as a threat and discharged his weapon, but did not strike the armed citizen.
Massey, following the shooting, arrived in the area armed with a .45 caliber pistol and a 7.62 x 39 mm rifle. According to court records, he was thereafter identified by law enforcement who learned of his prior criminal history which included burglary. Because of this criminal history, Massey is prohibited from possessing a firearm.
The court heard that Massey was later arrested Oct. 20, 2014, outside a motel in Brownsville. At the time, according to trial testimony, he was armed with a .45 caliber pistol, while another .45 caliber pistol was thereafter located in his motel room. At that time, more than 2600 rounds of ammunition were seized in connection with the search of his truck and motel room.
Massey will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges are the result of an investigation conducted by FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cameron County Sheriff’s Department. Assistant U.S. Attorneys William Hagen and Jason Corley prosecuted the case.