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Monday 21 December 2015
Baltimore Man Exiled to 8 Years in Prison on Gun ChargeRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Richard Barksdale, age 45, of Baltimore, today to eight years in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Barksdale was convicted by a federal jury on August 25, 2015, and has been detained since his arrest.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore City State’s Attorney Marilyn Mosby; and Baltimore Police Commissioner Kevin Davis.
According to evidence presented during the two day trial, in the evening of September 11, 2014, security officers from Johns Hopkins Hospital saw a man firing a gun at other men on the 800 block of N. Washington Street near the hospital. The shooter was described as wearing a blue or gray sweatshirt and gray shorts, and was heading west on foot on E. Madison Street. Johns Hopkins personnel provided Baltimore Police with a street-by-street description of the suspected shooter’s movements as they followed Barksdale in a vehicle to the 900 block of N. Bond Street.
Baltimore Police officers encountered Barksdale on Bond Street. He was wearing a blue or gray sweatshirt and gray shorts. The officers identified themselves as police, patted Barksdale down, found a loaded handgun in his waistband and arrested him.
Baltimore Police recovered expelled ammunition shell casings from the scene of the shooting on N. Washington Street. Further investigation revealed that the shells were expelled from Barksdale’s handgun. A bullet projectile also found on the street was determined to have been fired from the same handgun taken from Barksdale.
Barksdale had previously been convicted of a felony and was thus prohibited from possessing a gun and ammunition.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation and thanked Johns Hopkins Hospital security personnel for their assistance. Mr. Rosenstein thanked Assistant United States Attorneys Michael C. Hanlon and Patricia C. McLane, who prosecuted the case.
Baltimore Drug Trafficker Sentenced to 12 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell III, sentenced Raymond Comegys, age 31, of Baltimore, today to 12 years in prison, followed by five years of supervised release, for conspiring to distribute and possess with intent to distribute crack cocaine.
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; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
According to his plea agreement, from December 2013 through May 2014, Comegys, Stephon Lowery and other co-defendants operated a street-level drug shop in the southwest area of Baltimore City that sold crack cocaine daily to customers. Multiple times a day, they ordered crack cocaine from suppliers, ranging in quantities up to 28 grams, which they then sold in user-quantity amounts to street level users.
On April 4, 2014, law enforcement executed a search warrant at Comegys’ residence in Baltimore. Inside the residence, law enforcement recovered 16 vials containing crack cocaine, a sandwich bag containing approximately 6.88 grams of cocaine, drug packaging material, Mannitol (a commonly used cutting agent), a digital scale, 17.7 grams of marijuana, and two loaded .32 caliber handguns.
Comegys admitted that he and his conspirators distributed more than 112 grams of crack cocaine.
Nine defendants, including Comegys, have been convicted for their participation in the conspiracy. Stephon Lowery, age 30, of Baltimore, was sentenced to 10 years in prison and four other co-defendants have received sentences of between 36 and 78 months. The remaining three defendants are awaiting sentencing
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Seema Mittal and Leo J. Wise, who prosecuted the case.
Augusta Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
AUGUSTA, GA – Randy Houston Mercer, 57, of Augusta, Georgia was sentenced on Friday by United States District Court Judge J. Randal Hall to 30 years in prison, followed by 25 years of supervised release, for his role in producing child pornography. Mercer pled guilty to one count of Sexual Exploitation of a Minor, in violation of 18 U.S.C. § 2251(a), in August. He will be required to register as a sex offender.
According to the evidence presented at Mercer’s plea and sentencing hearings, in January 2015, Columbia County Sheriff’s Office (CCSO) received a complaint from a minor’s mother which ultimately led to Mercer’s arrest. The evidence revealed that Mercer used the social networking app “Grindr” to meet minor boys, who he later met with to have sex. When first interviewed, Mercer admitted to exchanging nude and sexually explicit photos with at least one 15-year-old minor, and to engaging in sexual acts with him on multiple occasions. Numerous text messages revealed that Mercer engaged in sex acts with at least two minors on several occasions. During those sexual encounters, photographs and videos were created, which Mercer later sent to others.
When imposing the lengthy prison sentence, Judge Hall noted the seriousness of the offense and the very disturbing nature of the evidence, which included Mercer’s boastful manner when sharing the child pornography images over the Internet. At the conclusion of the hearing, Mercer was returned to the custody of the United States Marshal Service to serve his sentence.
United States Attorney Edward J. Tarver stated, “It is beyond shocking that an adult would prey on boys in order to arrange to have sex with them and to create images of that activity. It is impossible to know how many other children may have been at risk if Mercer had not been identified and stopped. Mercer’s serious crime was met with a justifiably lengthy punishment. There is no higher priority than the protection of our nation’s children. This United States Attorney’s Office will continue its efforts to prosecute those who endanger the safety of our children.”
This case was investigated by CCSO Investigator Brian Jones and the FBI’s CCCX Task Force, made up of Augusta-area FBI agents, the Georgia Bureau of Investigation, Richmond County Sheriff’s Office, and the Columbia County Sheriff’s Office. The case was brought as part of Project Safe Childhood, a U. S. Department of Justice initiative designed to protect children from online exploitation and abuse. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.
Assistant United States Attorney C. Troy Clark prosecuted the case on behalf of the United States. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
Alleged Killer Extradited to Michoacán, MexicoRead the Press Release
FRESNO, Calif. — On Tuesday, December 15, 2015, Jesús Flores Buenrostro, 36, of California, was ordered to be extradited to Mexico where he is wanted to stand trial for the alleged 2007 killing of a man in Sahuayo de Morales, Michoacán, United States Attorney Benjamin B. Wagner announced.
According to the extradition request submitted by Mexico, Jesús Flores Buenrostro is charged with homicide after allegedly shooting a man on April 30, 2007. According to witness statements, Jesús Flores Buenrostro and some companions went to a square in the town where a fight had broken out earlier in the evening. When they arrived at the square, Jesús Flores Buenrostro and his companions encountered a group of men. Jesús Flores Buenrostro loaded a firearm and fired two shots at the group of men. The victim was struck twice by the shots and died of his wounds. Jesús Flores Buenrostro, an American citizen, fled to the United States.
The United States Marshals Service arrested Jesús Flores Buenrostro in Kern County in July 2015. On December 15, 2015, following federal court proceedings in Fresno, the court certified his extraditability to Mexico.
“Just as we ask Mexico’s cooperation in extraditing those who violate our laws, that country seeks ours in extraditing those who violate their laws,” said United States Attorney Wagner. “We have a mutual interest in ensuring that neither country is a safe haven for those fleeing justice in the other.”
This case was handled by Assistant U.S. Attorney Daniel Griffin of the Eastern District of California, the Office of International Affairs in the Justice Department’s Criminal Division, and the U.S. Marshals Service.
Sunday 20 December 2015
Oakdale Man Indicted on Fraud ChargesRead the Press Release
PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on charges of mail and wire fraud, United States Attorney David J. Hickton announced today.
The five-count indictment named Thomas Slack, 66, of Oakdale, Pa., as the sole defendant.
According to the indictment presented to the court, Slack engaged in a scheme to fraudulently obtain money from prospective home builders seeking financing through loan programs administered through the United States Department of Agriculture ("USDA") Rural Development offices. Slack was a member and director of the Great Falls Development Group, a company which falsely purported to be an established residential real estate developer and builder. Slack falsely represented to prospective home builders and investors that he was associated with the USDA's Rural Development loan programs and that he could underwrite and pre-qualify applicants for the loan programs. Slack's false representations induced prospective home builders and investors to send money to him, believing that he was actively engaged in building homes and securing financing for the homes through the USDA, when, in fact, he was not.
The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The United States Department of Agriculture Office of the Inspector General 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.
Friday 18 December 2015
“Santa Claus” Charged with Distributing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 37-year-old Corpus Christi man who worked as a Santa Claus impersonator has been charged in a criminal complaint alleging he distributed child pornography, announced U.S. Attorney Kenneth Magidson. The complaint was filed today and alleges Reynaldo Ramirez distributed the child pornography via peer-to-peer software.
Ramirez is currently in state custody on related charges and is expected to be transferred to federal custody and make his initial appearance in federal court in the near future.
According to the criminal complaint, the case began when authorities were able to successfully download various files containing child pornography from an IP address that was associated with Ramirez. Authorities executed a search warrant at Ramirez’s residence, at which time they seized several digital devices. At the time of the search, authorities located a Santa Claus costume in Ramirez’s residence. When questioned about the outfit, Ramirez stated he had performed as Santa Claus for the past 15 years throughout the South Texas area, according to the allegations.
Ramirez had allegedly downloaded more than 1,000 images of child pornography ranging in ages from toddlers to pre-teens, according to information in the criminal complaint.
If convicted, Ramirez faces a minimum of five and up to 20 years in federal prison and a possible $250,000 maximum fine.
The charges against Ramirez are the result of an investigation conducted by the Corpus Christi Police Department-Internet Crimes Against Children Task Force with the assistance of Homeland Security Investigations.
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."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Wyoming Man Sentenced for Arson of Building Receiving Federal Funds; Using a Firearm During and in Relation to a Crime of Violence; Possession of an Unregistered Firearm; and False Declaration Before a Grand Jury (U.S. Attorney for the District of WyomingRead the Press Release
Cheyenne – U.S. Attorney Christopher A. Crofts announced today that Sheridan, Wyoming resident Joel S. Elliott has been sentenced to thirty-seven (37) years of imprisonment in federal court, consecutive to time being served on separate state charges. In addition to his term of imprisonment, Elliott was ordered to pay a $400.00 special assessment, restitution in the amount of $940,000.00, and will be placed on five years of supervised release upon release from federal custody.
In June 2014, Joel Elliot fire bombed the Sheridan County Attorney’s Office. After a four-day jury trial in the U.S. District Court in Casper, a jury found him guilty on all counts related to that fire: arson of building receiving federal funds; using a firearm during and in relation to a crime of violence; possession of an unregistered firearm; and false declaration before a Grand Jury.
"The Defendant created a substantial risk of injury to other persons, including public safety officers engaged in the performance of their duties. The trial team on this case did an excellent job, from investigation through the successful prosecution of Joel Elliott in this matter," said United States Attorney Crofts.
"I want to commend the ATF agents, Wyoming United States Attorney’s Office and Sheridan Police Department for their outstanding investigation and prosecution in this case. Elliott won’t be able to wreak any more havoc on his community for a very long time," said ATF Special Agent in Charge Ken Croke. "This substantial prison sentence should be a warning to anyone who thinks arson is acceptable in any circumstance."
The investigation in this case was conducted by the Sheridan Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorney Stuart S. Healy III.
Winchester Woman Pleads Guilty to Embezzling $1 Million from Credit UnionRead the Press Release
ALEXANDRIA, Va. – Donna L. Jennings, 44, of Winchester, pleaded guilty today to charges relating to embezzling over $1 million from Winchester Community Federal Credit Union.
In a statement of facts filed with the plea agreement, Jennings admitted to stealing $1,059,767.52 in funds from Winchester Community Federal Credit Union where she was employed as its manager. From 2001 through 2014, Jennings took cash from teller drawers, fraudulently opened financial accounts, conducted financial transactions without customers’ knowledge, made false entries into accounting records, and approved loans without authority. Jennings funneled the proceeds of her fraud into accounts she controlled and used the stolen funds to purchase gifts for herself and pay credit card bills. When federal bank examiners questioned Jennings about suspicious transactions, she made false statements and altered Board of Director meeting minutes to support her lies. As a result of Jennings’ conduct, the National Credit Union Administration placed Winchester Community Federal Credit Union into a restricted status and invited another financial institution to merge with it for the protection of its membership and the National Credit Union Administration insurance fund.
Jennings faces a maximum penalty of 30 years in prison when sentenced on April 8, 2015. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the plea was accepted by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Uzo Asonye is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-358.
Westlake cardiologist sentenced to 20 years in prison for overbilling Medicare and others by $5.7 million for unnecessary proceduresRead the Press Release
A Westlake cardiologist was sentenced to 20 years in prison for performing unnecessary catheterizations, tests, stent insertions and causing unnecessary coronary artery bypass surgeries as part of a scheme to overbill Medicare and other insurers, law enforcement officials said.
Dr. Harold Persaud, 56, was convicted earlier this year of one count of health care fraud, 13 counts of making false statements and one count of engaging in monetary transactions in property derived from criminal activity.
“This defendant used his medical license as a license to steal,” said First Assistant U.S. Attorney Carole S. Rendon. “He inflated Medicare billings, falsified cardiac care records and performing needless and sometimes invasive tests and procedures. This prison sentence is well deserved.”
“Dr. Persaud violated the sacred trust between doctor and patient by ordering unnecessary tests, procedures and surgeries to line his pockets,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office. “He ripped off taxpayers and put patients’ lives at risk.”
“Dr. Persaud's systematic use of medically unnecessary tests and procedures, falsification of patient records, and submission of false billings to health care insurers added up to a toxic mixture of fraud at the expense of patient safety and well-being, and taxpayer dollars,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General - Chicago Region. “The OIG, along with our law enforcement partners, will continue to identify, investigate and seek the criminal prosecution of those who choose to exploit federally funded health care programs and the patients these programs serve.”
Persaud had a private medical practice at 29099 Health Campus Drive in Westlake and had hospital privileges at Fairview Hospital, St. John’s Medical Center and Southwest General Hospital, according to court documents and trial testimony.
Persaud devised a scheme to defraud and obtain money from Medicare and other insurers. The scheme took place between 2006 and 2012. According to court documents and trial testimony, his activities in furtherance of the scheme included:
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Persaud selected the billing code for each customer submitted to Medicare and private insurers, and used codes that reflected a service that was more costly than that which was actually performed;
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Persaud performed nuclear stress tests on patients that were not medically necessary;
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He knowingly recorded false results of patients’ nuclear stress tests to justify cardiac catheterization procedures that were not medically necessary;
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Persaud performed cardiac catheterizations on patients at the hospitals and falsely recorded the existence and extent of lesions (blockage) observed during the procedures;
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He recorded false symptoms in patient records to justify testing and procedures on patients;
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Persaud inserted cardiac stents in patients who did not have 70 percent or more blockage in the vessel that he stented and who did not have symptoms of blockage;
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He placed a stent in a stenosed artery that already had a functioning bypass, thus providing no medical benefit and increasing the risk of harm to the patient;
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He improperly referred patients for coronary artery bypass surgery when there was no medical necessity for such surgery, which benefitted Persaud by increasing the amount of follow-up testing he could perform and bill to Medicare and private insurers;
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Persaud performed medically unnecessary stent procedures, aortograms, renal angiograms and other procedures and tests.
As a result of this scheme, Persaud overbilled and caused the overbilling of Medicare and private insurers in the amount of approximately $29 million, of which Medicare and the private insurers paid approximately $5.7 million, according to court records.
A hearing is scheduled for January 27 to determine restitution.
This case is being prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Chelsea Rice following an investigation by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services – Office of Inspector General
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Virginia Beach Man Charged with Distribution of Heroin Resulting in DeathRead the Press Release
NORFOLK, Va. – Gregory Hatt, 28, of Virginia Beach, was charged today through a superseding indictment with conspiracy to distribute heroin, distribution of heroin resulting in death, distribution of heroin, possession with intent to distribute heroin and cocaine, and the possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, Hatt allegedly sold heroin, cocaine, and other narcotics to local residents out of a house he rented in Virginia Beach from December 2014 through July 2015. On Dec. 26, 2014, Hatt distributed heroin at his house to Monica Beaudry, a 23-year-old Virginia Beach woman, who later overdosed. Hatt’s roommate implored him to call 911, but Hatt refused. After some delay, Hatt drove her to Chesapeake Regional Medical Center where she was pronounced dead. Hatt was aware of Beaudry’s death, but continued to distribute heroin from his residence and from other Virginia Beach locations through July 2015. On July 24, 2015, law enforcement agents with NCIS and Virginia Beach Police Department executed a search warrant on Hatt’s residence. The agents found over 36 grams of heroin, 17 grams of cocaine, various drug paraphernalia, and multiple firearms including a fully loaded sawed-off shotgun.
Hatt faces a maximum penalty of life in prison, if convicted. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, made the announcement after the grand jury returned the indictment. The case is being investigated by NCIS and the Virginia Beach Police Department. Special Assistant U.S. Attorneys Alyssa Nichol and John Butler are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:15-cr-140.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Veteran York County Police Officer Arrested on Federal Corruption ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a 17 year veteran police officer with the Fairview Township Police Department was arrested today by federal authorities on corruption charges.
According to United States Attorney Peter Smith, Officer Tyson Baker, age 41, Etters, was charged in a criminal complaint with violations of federal law relating to his conduct as a police officer.
In the complaint, the Federal Bureau of Investigation charged Baker with stealing money from drug traffickers who had been arrested, the subject of police traffic stops, or both. The specific federal statute is the Hobbs Act, which prohibits interfering with interstate commerce by force, violence or intimidation. Baker was also charged with removing evidence that was subject to seizure and providing false information to federal authorities.
The complaint also charges that, in November, Baker orchestrated the theft of $2,000 in drug proceeds seized by the Fairview Township Police Department during a search of a residence that had resulted in the seizure of several pounds of marijuana and approximately $14,000. The FBI recorded conversations with Baker allegedly regarding the theft. The criminal complaint also alleges that Baker discussed robbing drug traffickers of drug proceeds during traffic stops.
According to the complaint, on December 16, 2015 the FBI, with the full cooperation of the Fairview Township Police Department, arranged for a vehicle operated by an undercover FBI agent to be stopped. It is alleged that Baker had the vehicle towed from the scene and, without a warrant and in spite of directions not to search the vehicle, allegedly searched the vehicle and stole $3,000 concealed in the vehicle.
The case is being investigated by the Federal Bureau of Investigation, Harrisburg Resident Office, the Pennsylvania State Police, the Pennsylvania Office of Attorney General, and the Fairview Township Police Department.
Prosecution of the case is assigned to Assistant United States Attorney William A. Behe.
Baker’s initial appearance is scheduled for 3:00 p.m. before Chief U.S. Magistrate Judge Martin C. Carlson in Harrisburg
Criminal complaints, like 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.
The maximum penalty under federal law is 20 years on the Hobbs Act charge, and 5 years on each of the two other counts of the complaint. There is also a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Verona Man Sentenced to 46 Months in Prison for Conspiring to Deal CocaineRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to 46 months’ imprisonment on his conviction of conspiracy to distribute cocaine, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence on Damian Petty, 52, of Verona, Pa.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Damian Petty was intercepted over the wire conspiring with others to possess with intent to distribute and distribute cocaine, which was shipped from California to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Police Department for the investigation leading to the successful prosecution of Petty.
U.S. Attorney Announces New Fresno Office ChiefRead the Press Release
FRESNO, Calif. — United States Attorney Benjamin B. Wagner announced today the appointment of Kirk Sherriff as the new chief for the U.S. Attorney’s Office in Fresno. Sherriff’s appointment follows the departure of long-time Fresno chief Mark Cullers who has been appointed by the Governor to serve as a Judge of the Superior Court for Fresno County.
Cullers, a Sacramento native, has served as chief of the U.S. Attorney's Office, Eastern District of California, Fresno Division since 2003. Prior to that he served as deputy chief from 1997 to 2003 and as an Assistant U.S. Attorney from 1988 to 1997. Cullers was an associate attorney at Kronick, Moskovitz, Tiedemann and Girard from 1986 to 1988. He earned his Juris Doctor degree from the George Washington University Law School and a Bachelor of Arts Degree from the University of California, Los Angeles. As chief of the office, Cullers mentored many Assistant United States Attorneys, established a tone of collaboration and team spirit and was an outstanding representative of the office throughout the greater Fresno region.
Assistant United States Attorney Kirk Sherriff has worked in the Fresno office since 2002. He initially served for five years in the civil division and joined the criminal division in 2007. Sherriff has handled many of the most complex and high-profile cases in the office and has been the White Collar Unit chief for the last three years. In particular, he has overseen and personally litigated multiple large-scale mortgage fraud prosecutions, which arose out of the financial crisis that so severely impacted California’s Central Valley. As unit Chief, Sherriff oversaw tremendous growth in the office’s white collar practice, and served as a mentor to many new prosecutors. Before joining our office, Sherriff spent six years with a major international law firm in New York and Paris. He is a cum laude graduate of both Columbia University and Harvard Law School.
The Fresno office is responsible for federal criminal prosecution and civil litigation in an 11-county area from Modesto to the Los Angeles County line. It handles federal cases from these counties: Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne.
Two Men Head to Prison for Participating in a Cocaine ConspiracyRead the Press Release
McALLEN, Texas – Two U.S. citizens who reside in South Texas have been ordered to federal prison following their convictions of conspiracy to possess with intent to distribute large amounts of cocaine and money laundering, announced U.S. Attorney Kenneth Magidson. Alfonso Mata, 55, and Abelino Garza, 36, of San Benito and McAllen, respectively, pleaded guilty Feb. 5, 2013.
Today, Chief U.S. District Judge Ricardo H. Hinojosa handed Mata a total sentence of 87 months in federal prison, while Garza was ordered to serve a 120-month-term. Both men will also serve five years of supervised release.In 2012, federal law enforcement agents determined Mata and others were transporting large quantities of cocaine from South Texas to several cities in Ohio. As a result, agents arrested Mata’s associates for drug offenses committed in the Midwest. Mata was later arrested along with Garza and Alberto Garcia-Saldivar for their participation in the transportation of approximately 30 kilograms of cocaine from San Benito to Toledo, Ohio. Agents eventually seized 17 vehicles, including several classic cars and eight properties, which Mata admitted he had purchased with drug profits. The combined value of the seized property is $1.5 million.
Garcia-Saldivar, 48, of San Benito, also pleaded guilty and was previously sentenced to 36 months in prison.
All three men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The convictions are a culmination of an Organized Crime Drug Enforcement Task Force Operation dubbed “Landing Strip.” To date, there have been approximately 10 other convictions in Texas and Ohio in relation to the investigation. The three-year investigation targeting Mata and other significant drug traffickers based in San Benito, was conducted by the Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, FBI, Cameron County District Attorney’s Office, police departments in San Benito, Brownsville, Port Isabel, Harlingen, as well as the Cameron County Sheriff’s Office.This case was prosecuted by Assistant U.S. Attorney Jesse Salazar.
Two King County Residents Enter Guilty Pleas in Separate Child Pornography InvestigationsRead the Press Release
Two Seattle area men pleaded guilty today in U.S. District Court to offenses related to images of child rape and exploitation, announced U.S. Attorney Annette L. Hayes. Both men are being prosecuted as part of the U.S. Attorney’s Office coordinated efforts with the King County Prosecuting Attorney’s Office and Washington’s Internet Crimes Against Children (ICAC) task force.
In the first case, DANNY ZIMMERMAN, 43, a registered sex offender from SeaTac, Washington was arrested in June 2015, after an investigation traced images of child rape to ZIMMERMAN’s twitter account and his internet protocol (IP) address. According to records filed in King County Superior Court and in U.S. District Court, between September 2014 and February 2015, Twitter made multiple reports to the National Center for Missing & Exploited Children (NCMEC) about images of child rape uploaded to the internet. The reports resulted in a law enforcement investigation that revealed that the internet address involved in the distribution of the sexually explicit images was used by ZIMMERMAN. ZIMMERMAN has two 1996 convictions for child molestation in the first degree.
Under the terms of the plea agreement ZIMMERMAN faces a mandatory minimum ten years in prison when sentenced by U.S. District Judge John C. Coughenour on March 15, 2016.
In the second case, GREGORY MARK MOLLEY, 54, of Issaquah, Washington pleaded guilty to receipt of images of minors in sexually explicit conduct and faces a sentence of seven to nine years in prison when sentenced by Judge Coughenour on March 18, 2016. According to the facts in the plea agreement MOLLEY used hidden cameras to film children in the bathroom and bedrooms of his home.
The ZIMMERMAN case was investigated by the Internet Crimes against Children Task Force, the Kent Police Department and the King County Sheriff’s Office. The MOLLEY case was investigated by the King County Sheriff’s Office (KCSO) and the U.S. Secret Service.
Both cases are being prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court.
These cases were 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 United States 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.
Tax Preparer Pleads Guilty to Tax Fraud and Wire FraudRead the Press Release
PROVIDENCE, R.I. – Leon F. Tejada, 50, of Providence, operator of El Centro Multiservicios, LLC, a tax preparation service in Providence, pleaded guilty today to federal tax fraud and wire fraud charges, announced United States Attorney Peter F. Neronha and William P. Offord, Special Agent in Charge of IRS Criminal Investigation.
Appearing before U.S. District Court Chief Judge William E. Smith, Tejada admitted to the court that during tax years 2009 through 2012, without the knowledge of his clients, he created and falsified clients’ dependents, exemptions, tax credits, deductions and expenses in order to increase the amount of tax refund due to some of his clients. An investigation by agents from IRS Criminal Investigation and by the United States Attorney’s Office determined that the tax fraud scheme resulted in a loss to the United States of $54,440.
Tejada admitted to the court that he also devised a scheme to divert some of his clients’ tax refunds through a bank clearing house, at which time, without the knowledge of his clients, a portion of the funds were diverted into his own bank account for his own personal use. The investigation determined that Tejada diverted $24,987 into his own bank account.
Tejada, who is released on unsecured bond, is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on March 10, 2016.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Tampa Man Arrested and Charged with Possession of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest and filing of a criminal complaint charging David Kneitel (56, Tampa) with possession of child pornography. If convicted, he faces a maximum penalty of 10 years in federal prison.
According to the complaint, a federal search warrant was executed at Kneitel’s residence yesterday. A preliminary review of his computer revealed numerous images and videos depicting child pornography, including images of prepubescent children engaged in sexually explicit conduct.
This case is being investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Jennifer L. Peresie.
A criminal complaint is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Suspected Alien Smuggler and Four Others Indicted on Immigration-Related ChargesRead the Press Release
BATON ROUGE, LA - United States Attorney Walt Green announced today that a federal grand jury has returned four indictments arising from an investigation into the transportation of illegal aliens through the Middle District of Louisiana.
On December 16, 2015, a federal grand jury returned an indictment charging Pedro Torrell-Matos, age 69, with transporting illegal aliens within the United States. In a related matter, three individuals – David Gazpar-Godinez, Estuquio Orozco-Valazquez, and Simon Cruz-Pena – were also indicted by the grand jury, and each stands charged with illegal re-entry into the U.S. by a previously-deported alien.
This matter is being investigated by the Baton Rouge offices of the U.S. Border Patrol and the U.S. Department of Homeland Security, Homeland Security Investigations. This ongoing investigation is being prosecuted by Assistant U.S. Attorney Frederick A. Menner, Jr.
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Statement by Deputy Attorney General Sally Quillian Yates on the President's Clemency DecisionsRead the Press Release
Deputy Attorney General Sally Quillian Yates released the following statement after the clemency announcement made today by President Obama:
“The president’s decision today to commute the prison terms of 95 individuals is another sign of this administration’s strong commitment to ensuring fairness in the criminal justice system. The Justice Department has pursued that goal by changing charging policies through our Smart on Crime initiative, working cooperatively with the U.S. Sentencing Commission to reduce guidelines for certain drug offenders, urging Congress to enact meaningful and comprehensive sentencing reform legislation and identifying appropriate candidates for executive clemency. While the clemency initiative is just one prong in the larger effort to reform sentencing practices, it is one to which we are strongly committed.”
St. Croix Man Arrested Unlawfully Mailing FirearmsRead the Press Release
St. Croix, USVI – Jahraun Malachi Brodhurst, 24, a native of St. Croix, was arraigned on Thursday, December 17, before U.S. Magistrate Judge George Cannon on a superseding indictment charging him with one count of transporting and shipping a firearm with an obliterated serial number and two counts of unlawfully mailing a firearm, United States Attorney Ronald W. Sharpe announced. Brodhurst was arrested on December 4, 2015, in Florida.
According to the superseding indictment, Brodhurst shipped a Smith and Wesson AR-15 lower receiver with an obliterated serial number and mailed a Springfield Armory .40 caliber pistol from Florida to St. Croix on May 26, 2014. Also, on July 13, 2013, Brodhurst mailed a Glock 23 pistol from Florida to St. Croix.
If convicted of transporting and shipping a firearm with an obliterated serial number, Brodhurst faces a maximum sentence of 10 years’ imprisonment and a $250,000 fine. If convicted of unlawfully mailing a firearm, Brodhurst faces a maximum sentence of two years’ imprisonment and a $250,000 fine on each count.
The superseding indictment is the result of investigative work conducted by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Rami. S. Badawy.
United States Attorney Sharpe reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Springfield Man Pleads Guilty to Stealing Mail, Credit Card FraudRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man pleaded guilty in federal court today to possessing stolen mail and to credit card fraud.
Eric David Vancil, 46, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charges contained in a Dec. 8, 2015, federal indictment.
Vancil admitted that between Oct. 23, 2013, and April 28, 2015, he stole mail from at least 55 individuals in Greene County, Mo., and elsewhere. Law enforcement investigators determined that the mail matter included checks, credit cards, and other personal identification cards and information that belonged to other individuals. Vancil used the stolen mail and information to create or activate credit card accounts that contained personal identification numbers issued to others. Vancil then conducted fraudulent financial transactions using the stolen credit, debit and identification cards to make purchases.
The investigation began when federal agents were notified of numerous break-ins into mail boxes and mail collection receptacles and the theft of mail throughout the Springfield and Joplin, Mo., areas, including several neighborhood delivery collection box units where mail was stolen by prying the rear, locked doors. On Oct. 25, 2013, Vancil was stopped in his Nissan Pathfinder Joplin police officers for a traffic violation. Officers located stolen mail bearing several Springfield addresses, including personal checks. Officers also located a pry bar inside of the vehicle at the time of the stop along with additional stolen mail and IRS tax forms.
On Dec. 24, 2013, another victim reported her mail was stolen and provided two video surveillance photos of a suspect vehicle that matched Vancil’s Nissan Pathfinder. On Feb. 4, 2014, Vancil was stopped by a Springfield police officer in his Nissan Pathfinder. The vehicle contained drugs, numerous burglary tools, stolen checks and several identifications bearing names other than the vehicle occupants.
On Feb. 20, 2014, two checkbooks, keys and multiple credit cards were stolen from a vehicle in Nixa, Mo. The credit card was used at several stores in the Battlefield Mall, including a fraudulent purchase at Foot Locker. When Vancil returned to the store the next day to return the merchandise, store employees called police and delayed Vancil until officers arrived. After a brief foot pursuit, officers detained Vancil, who was carrying checks, credit cards and other items from the theft victim.
On Jan. 27, 2015, a witness reported that a suspect later identified as Vancil drove up to a mailbox and removed mail from the box. On April 28, 2015, a witness reported a suspicious vehicle in Springfield, going from mailbox to mailbox stealing mail. Greene County sheriff’s deputies located the vehicle, the Nissan Pathfinder driven by Vancil. Vancil attempted to flee from officers and drove through some residential yards before being stopped. Deputies recovered approximately 100 pieces of mail from inside the vehicle, in addition to checkbooks, credit cards, applications for financial assistance as well as debit card information and other handwritten personally indefinable information. The recovered mail on this occasion contained addresses for 38 victims.
Among the credit card numbers found in Vancil’s vehicle was one used to make an online reservation for a Springfield motel room.
Under federal statutes, Vancil is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $500,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the U.S. Postal Inspection Service and the Springfield, Mo., Police Department.
Splint Supplier and Its President to Pay over $10 Million to Resolve False Claims Act AllegationsRead the Press Release
Maryland-based splint supplier Dynasplint Systems Inc., and its founder and president, George Hepburn, have agreed to pay approximately $10.3 million to resolve allegations that they violated the False Claims Act by improperly billing Medicare for splints provided to patients in skilled nursing facilities, the Department of Justice announced today.
“Health care companies and their principals who flout Medicare rules will be held accountable,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our continuing vigilance to ensure that companies and individuals do not plunder taxpayer funded programs for their own enrichment.”
“The civil False Claims Act is a valuable weapon in our office’s arsenal to combat abuse of federal healthcare funds here in the Eastern District of Louisiana and nationwide,” said U.S. Attorney Kenneth Allen Polite Jr. of the Eastern District of Louisiana. “The favorable resolution and settlement of the claims in this case serve as a reminder to all in the industry to stay vigilant for signs of waste and abuse by providers in our healthcare markets.”
The government alleged that Hepburn and Dynasplint knowingly mischarged Medicare for splints used by patients in Medicare-certified skilled nursing facilities. Patients staying in skilled nursing facilities, or their insurers such as Medicare, pay a bundled payment to these facilities that cover all of a patient’s needs, including such items as splints, and thus no separate Medicare reimbursement for such devices is permitted. To circumvent Medicare rules, defendants allegedly mispresented that patients were in their homes or other places that were not skilled nursing facilities.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement resolves allegations originally brought in a lawsuit filed by Meredith Deane, a former sales executive for Dynasplint, under the whistleblower, or qui tam, provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The United States may intervene in such an action as it did here. Ms. Deane will receive at least $1.98 million for the settlement.
In August 2013, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) suspended payments to Dynasplint based upon credible allegations of fraud. As part of the settlement, defendants are agreeing to forfeit all funds held by this payment suspension, approximately $8.5 million.
“CMS’ highest priority is protecting people with Medicare benefits and taxpayers and the agency will continue to hold health care providers and suppliers accountable for following Medicare rules,” said Acting Administrator Andy Slavitt of HHS CMS. “We are pleased to partner with the Department of Justice and law enforcement to safeguard patients, taxpayer funding and the integrity of our programs.”
The case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office of the Eastern District of Louisiana and HHS’ Office of Inspector General.
The lawsuit is captioned U.S. ex rel. Deane v. Dynasplint Health Systems, Inc. and George Hepburn, Case No. 10-cv-2085 (E.D. La.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Splint Supplier and Its President to Pay over $10 Million to Resolve False Claims Act AllegationsRead the Press Release
Maryland-based splint supplier Dynasplint Systems Inc., and its founder and president, George Hepburn, have agreed to pay approximately $10.3 million to resolve allegations that they violated the False Claims Act by improperly billing Medicare for splints provided to patients in skilled nursing facilities, the Department of Justice announced today.
“Health care companies and their principals who flout Medicare rules will be held accountable,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our continuing vigilance to ensure that companies and individuals do not plunder taxpayer funded programs for their own enrichment.”
“The civil False Claims Act is a valuable weapon in our office’s arsenal to combat abuse of federal healthcare funds here in the Eastern District of Louisiana and nationwide,” said U.S. Attorney Kenneth Allen Polite Jr. of the Eastern District of Louisiana. “The favorable resolution and settlement of the claims in this case serve as a reminder to all in the industry to stay vigilant for signs of waste and abuse by providers in our healthcare markets.”
The government alleged that Hepburn and Dynasplint knowingly mischarged Medicare for splints used by patients in Medicare-certified skilled nursing facilities. Patients staying in skilled nursing facilities, or their insurers such as Medicare, pay a bundled payment to these facilities that cover all of a patient’s needs, including such items as splints, and thus no separate Medicare reimbursement for such devices is permitted. To circumvent Medicare rules, defendants allegedly mispresented that patients were in their homes or other places that were not skilled nursing facilities.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement resolves allegations originally brought in a lawsuit filed by Meredith Deane, a former sales executive for Dynasplint, under the whistleblower, or qui tam, provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The United States may intervene in such an action as it did here. Ms. Deane will receive at least $1.98 million for the settlement.
In August 2013, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) suspended payments to Dynasplint based upon credible allegations of fraud. As part of the settlement, defendants are agreeing to forfeit all funds held by this payment suspension, approximately $8.5 million.
“CMS’ highest priority is protecting people with Medicare benefits and taxpayers and the agency will continue to hold health care providers and suppliers accountable for following Medicare rules,” said Acting Administrator Andy Slavitt of HHS CMS. “We are pleased to partner with the Department of Justice and law enforcement to safeguard patients, taxpayer funding and the integrity of our programs.”
The case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office of the Eastern District of Louisiana and HHS’ Office of Inspector General.
The lawsuit is captioned U.S. ex rel. Deane v. Dynasplint Health Systems, Inc. and George Hepburn, Case No. 10-cv-2085 (E.D. La.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Sandusky man faces child pornography chargesRead the Press Release
William Lester, 21, of Sandusky, was charged with receiving and distributing visual depictions of real minors engaged in sexually explicit conduct, Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
The indictment charges that from on or about May 14, 2013, through on or about November 8, 2013, Lester knowingly received and distributed, by computer, numerous computer files, which contained visual depictions of real minors engaged in sexually explicit conduct.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Department of Homeland Security, Cleveland Office.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
San Juan Man Heads to Prison After Downloading Sadistic Child Pornography VideosRead the Press Release
McALLEN, Texas – A 29-year-old resident of San Juan has been ordered to federal prison for nearly 20 years following his conviction of receipt of child pornography, announced U.S. Attorney Kenneth Magidson. Ruben James Rios pleaded guilty Sept. 3, 2015.
Today, U.S. District Judge Micaela Alvarez took into consideration the nature of the videos in the defendant’s collection, which consisted of children primarily between the ages of 10-14 and as young as three, and handed Rios a sentence of 235 months. The sentence will be immediately followed by 10 years of supervised release during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. Additional information was also presented today, including the fact that Rios enjoyed watching videos that he described as providing a “shock and awe” factor, including one particular video in which a minor female child was raped and beaten to the point where it appeared she had died. There was additional testimony regarding the calculated steps Rios took in acquiring the child pornography in his collection, including the specific search terms he would use and his previewing of videos prior to actual downloading. There was also evidence presented concerning the fact that he had downloaded a browser which would be used to conceal his identity from law enforcement while browsing the Internet.
Rios came to the attention of law enforcement following an investigation which began Feb. 8, 2015, into persons using the Internet to traffic in child pornography. A special agent with Homeland Security Investigations (HSI) was able to locate and identify a computer as offering to participate in the receipt of child pornography movies through the peer-to-peer network on the Internet. Through the investigation, it was determined that the computer was located in a residence in San Juan.
On May 27, 2015, authorities executed a search warrant at that residence during which time they seized a laptop computer and various external storage media devices. A forensic examination on the devices revealed a total of 147 child pornography movies involving clearly young children engaged in sexually explicit conduct. These movies included children under the age of 12 engaged in sadistic conduct and acts of violence. Some of the movies are of known victims as identified through the National Center for Missing and Exploited Children.
Rios admitted he downloaded child pornography from the Internet thereby receiving the child pornography found on his computer and external storage media devices.
Rios 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 HSI.
This case, prosecuted by Assistant United States Attorneys Alex Benavides and Kimberly Ann Leo, 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."
San Fernando Valley Man Convicted of Giving Illegal Gifts to Government Employees in Exchange for BusinessRead the Press Release
LOS ANGELES – A man who operated two businesses that sold office supplies to the federal government has been convicted by a federal jury of giving illegal gifts to federal employees who did business with his companies.
Ivan Greenhut, 57, of Tarzana, was convicted late yesterday afternoon in United States District Court of one count of conspiring to give gifts to federal officials who purchased products from Greenhut’s companies and one count of giving a gift to a public official, specifically a United States Army employee who purchased products from Greenhut’s companies.
“The public is entitled to impartial purchasing decisions by federal employees,” said United States Attorney Eileen M. Decker. “Mr. Greenhut’s illegal gift scheme cast doubt upon every purchase from his companies, thereby violating the public’s trust and confidence in its government. That scheme now has him facing a significant federal prison sentence.”
Greenhut operated two companies – Modern Data Products, which operated out of Canoga Park, and Modern Imaging Solutions, based out of the Philippines. These companies sold office supplies – for example, printer and photocopier supplies, toner cartridges, stationary and office furniture – to government and U.S. Army officials whose job it was to buy supplies on behalf of the federal government.
Greenhut was part of scheme to pay gratuities to government contracting officers who purchased supplies from his companies. “These gifts included electronics, such as laptop computers, digital cameras, iPads, iPods and gift certificates, worth hundreds of dollars, to retailers such as Amazon, Safeway, Target, and Best Buy,” according to court documents. “Many of these gifts were sent to the government official’s personal residence or personal email addresses.”
Testimony at trial showed that Greenhut also operated a “rewards” program in which government contracting officers earned “points” based on the amount they approved their agency to purchase.
The evidence at trial showed that Greenhut provided government officials who purchased supplies from his companies gifts with a total value of more than $36,000.
A witness testified that Greenhut knew that federal buyers could not accept gifts and that he was asked to stop. Greenhut also knew that the gifts could get him “in criminal trouble,” according to instant message communications shown to the jury. Greenhut refused to stop giving the gifts, however, because the gifts brought him “far too much business.”
United States District Judge Christina A. Snyder, who presided over the four-day trial, scheduled a sentencing hearing for March 21, 2016, at which time Greenhut will face a statutory maximum penalty of seven years in federal prison.
The jury that convicted Greenhut of the two felony charges also acquitted him of a witness tampering charge that alleged he attempted to persuade the businesses’ co-owner to lie about the gratuities to investigators.
The case against Greenhut is the product of an investigation by the Defense Criminal Investigative Service, which received substantial assistance from NASA’s Office of Inspector General and General Services Administration, Office of Inspector General.
Rowlett Man Sentenced to Serve 60 Months in Federal Prison for Mailing More Than 400 Hoax White Powder LettersRead the Press Release
DALLAS — A Rowlett, Texas, man, who admitted mailing hundreds of white-powder hoax letters, was sentenced this afternoon in federal court in Dallas, announced U.S. Attorney John Parker of the Northern District of Texas.
Departing upward from the U.S. Sentencing Guidelines, U.S. District Judge Sidney A. Fitzwater sentenced Hong Minh Truong, 67, to serve a total of 60 months in federal prison. Truong pleaded guilty in July 2015 to an indictment charging five counts of false information and hoaxes. He has been in custody since July 28, 2014.
At the sentencing hearing, Judge Fitzwater noted that Truong’s conduct was significant and dangerous and involved more than 400 threatening letters in multiple batches over more than a five-year period. Truong’s conduct cost emergency and investigative responders more than $2.8 million, which does not include economic losses to businesses, schools and government offices.
According to the factual resume filed in the case, since December 2008, Truong mailed more than 400 hoax letters from the North Texas area to cities across the U.S. and to U.S. Embassies abroad. The initial letters, sent out on December 4, 2008, had a “Dallas, Texas” postmark and contained a white-powder substance. More than 15 batches of hoax letters were sent from the Dallas area from December 2008 to the present. In all but two batches of letters, a white-powder substance was included in the envelope.
The substance contained in the more than 400 letters in this case did not contain Anthrax; however, substantial governmental resources were expended in the response and investigation. Although each response was unique, every response involved multiple agencies dispatching personnel and equipment.
Truong mailed some of the hoax letters to more than 100 elementary schools and daycare centers, including the Mi Escuelita Preschool Crossover, in Dallas; Lockheed Martin Aeronautics in Fort Worth, Texas; the Empire State Building, in New York City; Fenway High School in Boston, Massachusetts; and the Dallas Morning News in Plano, Texas.
The U.S. Postal Inspection Service and the FBI investigated. Assistant U.S. Attorney Errin Martin prosecuted.
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Rockville Man Pleads Guilty to Scheme to Steal over $120,000 from Non-Profit Where He WorkedRead the Press Release
Greenbelt, Maryland – Lowell Meredith Sherman, age 49, of Rockville, Maryland, pleaded guilty today to a wire fraud conspiracy in connection with a scheme defraud a non-profit organization.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Chief J. Thomas Manger of the Montgomery County Police Department; and Postal Inspector in Charge David G. Bowers of the U.S. Postal Inspection Service - Washington Division.
According to this plea agreement, from 2005 through January 2010, and again from June 2013 through October 2014, Sherman was an employee at a non-profit organization in Montgomery County, Maryland. Between April 2011 and August 2014, Sherman and his co-conspirator, who was also employed at the organization, without authorization, caused the company to purchase unneeded electronic devices, including hard drives and memory tapes, which Sherman and his co-conspirator then sold on-line. Sherman and his co-conspirator used email to communicate with potential buyers and used online payment companies to accept payment for the items and to distribute the payments amongst themselves.
The government believes that the total loss as a result of Sherman’s conduct is $292,593.75. Sherman admits that the amount of loss reasonably foreseeable to him is at least $120,000. The exact amount of loss will be determined at sentencing and as part of his plea agreement Sherman has agreed to the entry of a restitution order in that amount.
Sherman faces a maximum sentence of 20 years in prison for conspiracy to commit wire fraud. U.S. District Judge Theodore D. Chuang has scheduled sentencing for February 29, 2016, at 11:00 am.
Today’s announcement is part of the efforts undertaken 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’s 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 on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the Montgomery County Police Department and U.S. Postal Inspection Service for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Thomas P. Windom and Joseph R. Baldwin, who are prosecuting the case.
Recidivist Securities Fraud Defendant Extradited and Charged in Manhattan Federal Court in Connection with Market Manipulation and Scheme to DefraudRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the unsealing of an Indictment against EDWARD DURANTE, a/k/a “Ted Wise,” a/k/a “Efran Eisenberg,” a/k/a “Yulia,” a/k/a “Ed Simmons,” charging him with conspiracy, securities fraud, wire fraud, money laundering, and perjury stemming from a scheme, between 2009 and March 2015, to defraud at least 100 investors of more than $14 million, more than $9 million of which was funneled to DURANTE, his family, or co-conspirators. DURANTE executed the scheme – which centered around a publicly-traded Over-The-Counter company called VGTel, Inc. (“VGTL”) – through false and misleading representations about how private investor monies would be used, making material omissions in connection with the sale of VGTL securities, and through manipulation of the public market in VGTL’s stock. DURANTE, who was previously convicted of similar charges in this District in 2001 and was released from prison in 2009, arrived in the United States yesterday following his extradition from Germany. DURANTE was presented today in federal court in Manhattan before United States Magistrate Judge Henry B. Pitman. The case is assigned to U.S. District Judge Andrew L. Carter, Jr.
In a separate action, the U.S. Securities and Exchange Commission (“SEC”) announced civil charges against DURANTE.
U.S. Attorney Preet Bharara said: “As alleged, Edward Durante no sooner got out of prison from a prior securities fraud conviction than he started another fraud scheme. Picking up where he left off, Durante allegedly lied to investors about how their money would be used, and concealed his manipulation of the market for a publicly traded stock. Edward Durante now stands charged with securities fraud yet again.”
FBI Assistant Director-in-Charge Diego Rodriguez said: “Durante tricked his victims into thinking their money would be invested as promised. Instead, he allegedly used their investments to fund his own lavish lifestyle. Unlike Durante, the FBI and our partners intend to keep the promises we make to those who invest their faith in us. Those who employ schemes to capitalize on the pain and suffering of others will most certainly be brought to justice.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “Through lies and manipulation, Durante and his co-conspirators devised an egregious scheme with the sole purpose of stealing from investors; a classic case of greed overcoming honest business practices. Postal Inspectors remind investors that whenever great returns are offered, an abundance of caution should be exercised to avoid becoming a victim of a scam.”
According to the allegations in the Indictment unsealed today in Manhattan federal court,[1] and statements made in court proceedings:
2001 Securities Fraud Conviction
In December 2001, DURANTE was convicted in federal court of conspiracy to commit securities fraud, wire fraud, and money laundering, as well as making false statements in connection with a market manipulation scheme in which the defendant also used the alias “Ed Simmons.” The defendant was sentenced to 121 months in prison and was released in or about 2009, the year he began the current scheme. In connection with that scheme, DURANTE was ordered by a United States District Court to pay disgorgement and prejudgment interest totaling over $39 million. DURANTE was also barred from certain activities in connection with the securities industry, including the sale of securities.
Private Placement Securities Fraud Involving VGTL
Among other fraudulent and illicit conduct, between 2009 and in or about March 2015, DURANTE and his co-conspirators fraudulently induced victims to invest in VGTL by, among other things, lying to investors by representing that their investments would be used to fund the operations and growth of VGTL, when in reality their investments were used to personally benefit DURANTE and his co-conspirators. DURANTE also fraudulently induced private investments in VGTL by (a) lying to certain prospective investors about DURANTE’s true identity; (b) failing to disclose to prospective investors that DURANTE had previously been convicted of federal securities fraud violations; and (c) failing to inform certain prospective investors, when they were solicited by brokers to purchase VGTL, that they were purchasing VGTL shares from entities controlled by DURANTE and his associates, rather than from the issuer, and for which entities the brokers were acting as agents. Throughout this time, DURANTE used multiple aliases in connection with his oral and written communications with investors, including “Ted Wise,” “Efran Eisenberg,” and “Yulia.”
In order to fund his illegal scheme, DURANTE used a network of brokers and/or investment advisers (the “brokers”) across the country to recruit investors to buy shares of VGTL, including from California, the Midwest, New York, and Boston. The brokers used different tactics to entice investors. While certain investors knew they were investing in VGTL, the broker typically did not disclose that DURANTE had previously been convicted of securities fraud and other crimes and also misled investors about conflicts of interest and self-dealing that arose when brokers, who were paid by or associated with entities controlled by DURANTE and his associates, solicited investors to purchase VGTL shares without disclosing that the investors were actually purchasing shares directly from these DURANTE-controlled entities. In still other cases, the broker purchased VGTL stock without the permission of the victim investors.
Manipulation of the Market for Shares of VGTL
Aware that increased trading volume in publicly traded VGTL stock would make it more attractive to buyers and investors of private shares of VGTL, DURANTE’s scheme also included an effort to artificially inflate the price of publicly traded VGTL shares in order to create the appearance of greater demand for VGTL shares than actually existed. To pump up VGTL’s stock price, DURANTE caused others to engage in transactions in which accounts under DURANTE’s control bought or sold VGTL stock, while on the same day other accounts under DURANTE’s control took the opposite position. The result of these transactions was that DURANTE and his co-conspirators were effectively taking both sides of a single transaction in VGTL stock in order to artificially inflate the trading volume in VGTL stock as well as its price. In turn, the inflated price fueled DURANTE’s ability to raise private funds for VGTL. In total, Durante pocketed more than $9 million from investor funds, which he caused to be funneled to himself, his family, and his co-conspirators.
* * *
DURANTE, 63, is charged with one count of conspiracy to commit securities fraud, one count of securities fraud, one count of conspiracy to commit wire fraud, one count of wire fraud, one count of conspiracy to commit money laundering, one count of money laundering and one count of perjury. Counts One and Seven each carry a maximum sentence of five years in prison. Counts Two through Six each carry a maximum sentence of 20 years in prison. The charges also carry a maximum fine of $5 million, or twice the gross gain or loss from the offense. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Bharara praised the work of the FBI and the Postal Inspection Service, and thanked the Securities and Exchange Commission for its assistance. He also thanked the United States Marshals Service for their efforts in achieving DURANTE’s extradition. He added that the investigation is continuing.
The charges were brought 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 on the task force, please visit www.StopFraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Edward Y. Kim, Daniel S. Goldman, and Andrea M. Griswold are in charge of the prosecution.
The allegations contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
President Obama Grants Commutations and PardonsRead the Press Release
Today, President Barack Obama granted commutations of sentence to 95 individuals and pardons to two individuals.
The President granted commutations of sentence to the following 95 individuals:
- Donald Allen – Lynn Haven, FL
Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base; possession of a firearm during a felony drug offense (Northern District of Florida)
Sentence: Life plus five years’ imprisonment; 10 years’ supervised release (Aug. 17, 1998)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Royal Deandre Allen – Houston, TX
Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base (Southern District of Texas)
Sentence: Life imprisonment; 10 years’ supervised release; $17,500 fine (May 13, 1996)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and balance of the fine remitted.
- Sandra Avery – Sarasota, FL
Offense: Conspiracy to possess with the intent to distribute 50 grams or more of cocaine base; possession with intent to distribute a quantity of cocaine base; possess with the intent to distribute 50 grams or more of cocaine base (three counts); possess with the intent to distribute a quantity of cocaine; possess with the intent to distribute a quantity of cocaine base (Middle District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Jan. 3, 2007)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Jose Aviles – Chicago, IL
Offense: Conspiracy to possess with intent to distribute more than five kilograms of cocaine (Middle District of Florida)
Sentence: Life imprisonment (Apr. 23, 1993)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- George Andre Axam – Atlanta, GA
Offense: Possession of a firearm by a convicted felon (Northern District of Georgia)
Sentence: 180 months’ imprisonment; four years’ supervised release (Jun. 12, 2007)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Ray Bennett – Hazlehurst, GA
Offense: Knowingly conspiring to distribute cocaine base (commonly known as “crack”); knowingly possessing with intent to distribute and causing to be possessed with intent to distribute a quantity of cocaine base (commonly known as “crack”) (Middle District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Nov. 22, 1991)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Wendell Edward Betancourt – Washington, D.C.
Offense: Conspiracy to possess with intent to distribute and to distribute “crack” cocaine (Northern District of West Virginia)
Sentence: 220 months’ imprisonment; five years’ supervised release (Jun. 11, 2002)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Edward B. Betts – Carbondale, IL
Offense: Conspiracy to distribute in excess of 100 kilograms of marijuana (Southern District of Illinois)
Sentence: 360 months’ imprisonment; eight years’ supervised release (Jul. 27, 1992)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and eight-year term of supervised release commuted to two years of supervised release.
- Anthony Bosley – Spokane, WA
Offense: Possession with intent to distribute 50 grams or more of cocaine base (Eastern District of Washington)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jun. 13, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Ramona Brant – Freeport, NY
Offense: Conspiracy to possess with intent to distribute and distribute a quantity of cocaine and cocaine base (Western District of North Carolina)
Sentence: Life imprisonment; five years’ supervised release (Feb. 2, 1995)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Ivory Charles Brinson – Wabasso, FL
Offense: Possession with intent to distribute five grams or more of cocaine base (Southern District of Florida)
Sentence: 360 months’ imprisonment; eight years’ supervised release (Nov. 15, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Carolyn Yvonne Butler – San Antonio, TX
Offense: Armed bank robbery (three counts); using a firearm during a crime of violence (three counts) (Western District of Texas
Sentence: 48 years’ imprisonment; three years’ supervised release; $1,200 fine; $3,339 restitution (Jul. 30, 1992)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Arnold Charles Cabarris – Victoria, VA
Offense: Distribution of cocaine base; conspiracy to distribute cocaine base (Eastern District of Virginia)
Sentence: 262 months’ imprisonment; five years’ supervised release (Feb. 19, 1999)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Jimmy Lee Carter – Okeechobee, FL
Offense: Possession with intent to distribute cocaine base (Southern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Jul. 21, 1993)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Sherman Dionne Chester – St. Petersburg, FL
Offense: Conspiracy to possess with intent to distribute cocaine; conspiracy to possess and distribute heroin; distribution of cocaine (six counts); distribution of heroin (five counts); possession with intent to distribute cocaine (Middle District of Florida)
Sentence: Life imprisonment (Feb. 11, 1994)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Herbert Lee Christopher, Jr. – Cordele, GA
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base (Middle District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Oct. 4, 1991)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Jawariel Coffie – Hollywood, FL
Offense: Conspiracy to possess with intent to distribute cocaine base (Northern District of Florida)
Sentence: Life imprisonment; five years’ supervised release (Oct. 5, 1993)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Michael Reese Coffman – Milton, FL
Offense: Conspiracy to distribute and possession with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine (Northern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Jul. 21, 2005)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Oscar Cole, Jr. – Bessemer, AL
Offense: Possession with intent to distribute fifty (50) grams or more of a mixture and substance containing cocaine base and cocaine hydrochloride (Northern District of Alabama)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Sep. 21, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Alex Contreras – Anchorage, AK
Offense: Drug conspiracy; distribution of a controlled substance (four counts); possession with intent to distribute a controlled substance (four counts); using, carrying, possessing firearm during drug trafficking crime (three counts) (District of Alaska)
Sentence: 481 months’ imprisonment; five years’ supervised release (Jul. 11, 2002); prison sentence amended to 480 months’ imprisonment (May 27, 2008)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Eddie Lee Cooks – Monroe, LA
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (three counts) (Western District of Louisiana)
Sentence: Life imprisonment (May 24, 1994)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Lelus Crawford – St. Louis, MO
Offense: Distribution of cocaine base (“crack”) (two counts); possession with intent to distribute cocaine base (“crack”) (Eastern District of Missouri)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jun. 15, 2007)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Dewayne Crompton – Bakersfield, CA
Offense: Possession with intent to distribute cocaine base (Western District of Wisconsin)
Sentence: Life imprisonment (May 28, 1993)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Charles Frederick Cundiff – Altoona, FL
Offense: Conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana; attempt to possess with intent to distribute 1,000 kilograms or more of marijuana (Northern District of Florida)
Sentence: Life imprisonment (Jan. 8, 1992)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Thomas Daniels – Philadelphia, PA
Offense: Distribution of cocaine; distribution of cocaine base ("crack cocaine") (Eastern District of Pennsylvania)
Sentence: Life imprisonment (Jun. 26, 1996)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Joe Nathan Darby – Salters, SC
Offense: Possession with intent to distribute and distribution of five grams or more of crack cocaine (two counts); possession with intent to distribute and distribution of 50 grams or more of crack cocaine (District of South Carolina)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 25, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Alphonso Davis – Ridgeway, SC
Offense: Conspiracy to violate narcotic laws (crack) (Western District of North Carolina)
Sentence: Life imprisonment; 10 years’ supervised release (Feb. 12, 1996)
Commutation Grant: Prison sentence to expire on April 16, 2016.
- William Ervin Dekle – Lake City, FL
Offense: Conspiracy to import 1,000 kilograms or more of marijuana; conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana; importation of 100 kilograms of marijuana (four counts); possession with intent to distribute 100 kilograms of marijuana (four counts) (Northern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release; four years’ special parole (Jun. 7, 1991)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Dianne Demar -- St. Petersburg, FL
Offense: Conspiracy to distribute in excess of 100 grams of methamphetamine; possession with intent to distribute methamphetamine (two counts); unlawful manufacturing of methamphetamine (two counts); possession of a firearm during a drug trafficking crime (Northern District of Georgia)
Sentence: Life plus five years’ imprisonment; 10 years’ supervised release (Dec. 13, 1991)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Eric T. Downs – Mansfield, OH
Offense: Possession with intent to distribute cocaine base (Northern District of Ohio)
Sentence: Life imprisonment (July 18, 1996)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Ernest R. Eads – Seneca, MO
Offense: 1. Conspiracy to distribute methamphetamine (Western District of Missouri
2. Felon in possession of firearms (Western District of Missouri)
Sentence: 1. Life imprisonment; 10 years’ supervised release (Mar. 7, 1997)
2. 12 months’ imprisonment (consecutive) (Mar. 7, 1997)
Commutation Grant: Prison sentences commuted to expire on April 16, 2016.
- Reginald Gerard Ennis – Mobile, AL
Offense: Conspiracy to possess with intent to distribute crack cocaine (Southern District of Alabama)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Apr. 22, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Jimmy Lee Fields – Dundee, FL
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base (Middle District of Florida)
Sentence: Life imprisonment (Jan. 16, 1996)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Pedro Figueroa – Philadelphia, PA
Offense: Conspiracy to distribute controlled substance; distribution of controlled substance, aiding and abetting (three counts); possession of controlled substance with intent to distribute, aiding and abetting (Eastern District of Pennsylvania)
Sentence: 240 months’ imprisonment; five years’ supervised release; $1,000 fine (Jul. 15, 2003)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Donald Lee Gill – Cincinnati, OH
Offense: Conspiracy to possess with intent to distribute crack cocaine; possession with intent to distribute crack cocaine and aiding and abetting; carrying firearm during a drug trafficking crime (Eastern District of Kentucky)
Sentence: Life imprisonment (Aug. 20, 1997)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Calvin C. Gillings – Chicago, IL
Offense: Possession with intent to distribute cocaine base, “crack”; possession with intent to distribute cocaine (Southern District of Iowa)
Sentence: 360 months’ imprisonment; eight years’ supervised release (Jul. 18, 1997)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Glenn D. Gold – Clarksville, TN
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; possession with intent to distribute cocaine and cocaine base; use of a firearm during and in relation to a drug trafficking crime; felon in possession of a firearm (Middle District of Tennessee)
Sentence: Life plus 60 months’ imprisonment; five years’ supervised release (Apr. 23, 1997)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Alberto Gonzalez – Philadelphia, PA
Offense: Conspiracy to distribute more than 500 grams of cocaine; distribution of 1,003 grams of cocaine (Eastern District of Pennsylvania)
Sentence: 262 months’ imprisonment; eight years’ supervised release (May 19, 2003)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Willie James Griffin, Jr. – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; possession with intent to distribute cocaine (Northern District of Florida)
Sentence: 252 months’ imprisonment; 10 years’ supervised release; $1,000 fine (Dec. 2, 1999); prison sentence amended to 240 months’ imprisonment (Apr. 14, 2008)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016 and balance of the fine remitted.
- Doyle Grimes, Jr. – Miami, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine base; possession with intent to distribute five grams or more of cocaine base (Middle District of Florida)
Sentence: 292 months’ imprisonment; 10 years’ supervised release (Apr. 8, 2003); prison sentence amended to 240 months’ imprisonment (Dec. 5, 2014)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Kenneth Hamlin, Jr. – Pittsburgh, PA
Offense: Conspiracy to possess with intent to distribute and distribution of in excess of 50 grams of cocaine base, in excess of 100 grams of heroin, and a quantity of marijuana; possession with intent to distribute and distribution of in excess of 100 grams of heroin
(Western District of Pennsylvania)
Sentence: 360 months’ imprisonment; 10 years’ supervised release (Mar. 4, 1999)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Glenn A. Harris – Elizabeth City, NC
Offense: Distribution of more than five grams of cocaine base (crack) (Eastern District North Carolina)
Sentence: 188 months’ imprisonment; five years’ supervised release; $2,100 restitution (Aug. 8, 2005)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and balance of the restitution obligation remitted.
- Lisa Harris – Arcadia, FL
Offense: Possession with intent to distribute fifty grams or more of cocaine base, crack cocaine; conspiracy to possess with intent to distribute five grams or more of cocaine base, crack cocaine (Middle District of Florida)
Sentence: 235 months’ imprisonment; five years’ supervised release (Nov. 30, 2005)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Antorrian Adrionne Hawkins – Lilburn, GA
Offense: Felon in possession of a firearm; possession with intent to distribute cocaine; possession with intent to distribute cocaine base; possession of a firearm during a drug trafficking crime (Eastern District of Michigan)
Sentence: 300 months’ imprisonment; 10 years’ supervised release (Apr. 12, 2005)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Eugene L. Haywood – Peoria, IL
Offense: Conspiracy to distribute cocaine base (crack); possession of cocaine base (crack) (Central District of Illinois)
Sentence: Life imprisonment; 10 years’ supervised release (Jul. 12, 2002)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Jerome A. Jackson – Washington, DC
Offense: Conspiracy to distribute 50 grams or more of cocaine base: unlawful distribution of cocaine base (two counts) (District of Columbia)
Sentence: Life imprisonment; 10 years’ supervised release (Feb. 18, 1994)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Gloria Louise James – Fort Madison, IA
Offense: Conspiracy to distribute methamphetamine (Southern District of Iowa)
Sentence: 188 months’ imprisonment; five years’ supervised release (Feb. 9, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Angie Jenkins – Klamath Falls, OR
Offense: Conspiracy to manufacture methamphetamine; manufacture of methamphetamine; possession with intent to distribute methamphetamine (District of Oregon)
Sentence: 360 months’ imprisonment; five years’ supervised release (Sep. 22, 1998); prison sentence amended to 324 months’ imprisonment (Jan. 29, 2015)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Allen Johnson – Live Oak, FL
Offense: Distribution of five grams or more of cocaine base (Middle District of Florida)
Sentence: 188 months’ imprisonment; five years’ supervised release (Oct. 3, 2003)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Javon Tyrone Johnson – Saginaw, MI
Offense: Distribution of 50 grams or more of cocaine base (Eastern District of Michigan)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Sep. 30, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Mario Alonzo Johnson – Stockton, CA
Offense: Possession with intent to distribute crack cocaine (Eastern District of California)
Sentence: 288 months’ imprisonment; five years’ supervised release (Jan. 20, 1999)
Commutation Grant: Prison sentence to expire on April 16, 2016.
- Tommy Lynn Johnson – Athens, TX
Offense: Conspiracy to manufacture, distribute and possess with intent to manufacture and distribute methamphetamine; conspiracy to possess a listed chemical knowing it will be used to manufacture a controlled substance; possession of a listed chemical with intent to manufacture a controlled substance (two counts); possession and distribution of a listed chemical with intent to manufacture a controlled substance (two counts); use, carrying and possession of a firearm in furtherance of a drug trafficking crime (two counts); possession of an unregistered firearm (Eastern District of Texas)
Sentence: 511 months’ imprisonment; five years’ supervised release (Jul. 21, 2003); prison sentence amended to 481 months’ imprisonment (Oct. 6, 2015)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Sharanda Purlette Jones – Terrell, TX
Offense: Conspiracy to distribute cocaine base (Northern District of Texas)
Sentence: Life imprisonment; five years’ supervised release (Nov. 10, 1999)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Ryan O’Neil Lansdowne – Haymarket, VA
Offense: Conspiracy to distribute 50 grams or more of cocaine base (Eastern District of Virginia)
Sentence: 292 months’ imprisonment; 10 years’ supervised release (Oct. 20, 2000); prison sentence amended to 262 months’ imprisonment (Apr. 28, 2009)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Chad Robert Latham – Tacoma, WA
Offense: Conspiracy to manufacture marijuana; manufacturing marijuana (Western District of Washington)
Sentence: 180 months’ imprisonment; five years’ supervised release (Jan. 18, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Jimmy Ewell Lee – Bonifay, FL
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine (actual) and more than 500 grams of a mixture and substance containing methamphetamine (Northern District of Florida)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 4, 2005)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Carlos Lopez – Lawrence, MA
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (four counts); possess and carry a firearm during a drug crime; possession of firearm by a prohibited person; possession of firearm with an obliterated serial number (District of New Hampshire)
Sentence: 300 months’ imprisonment; 10 years’ supervised release (May 14, 2003)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Kevin McDonald – Lawrenceville, NJ
Offense: Conspiracy to distribute cocaine base “crack” (Eastern District of Virginia)
Sentence: Life imprisonment (Oct. 17, 2005)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Terry Dennard McNeair – Lexington, NC
Offense: Possess with intent to distribute cocaine base (crack) (Middle District of North Carolina)
Sentence: 360 months’ imprisonment; five years’ supervised release (Nov. 18, 1996)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Michael McRae – Wadesboro, NC
Offense: Conspiracy to possess with intent to distribute cocaine base (Western District of North Carolina)
Sentence: Life imprisonment; 10 years’ supervised release (May 22, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Juan Fernando Mendoza-Cardenas – Houston, TX
Offense: Conspiracy to possess with intent to distribute marijuana (Northern District of Georgia)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jan. 28, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Billy R. Mercer, Jr. – Slapout, AL
Offense: Possession with intent to distribute methamphetamine; use/carry firearm during and in relation to a drug trafficking crime (Middle District of Alabama)
Sentence: 292 months’ imprisonment; 72 months’ supervised release (May 24, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Alton D. Mills – Chicago, IL
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base and cocaine and conspiracy to use communication facilities in the commission of drug trafficking offenses; use of communication facility to possess with intent to distribute cocaine base (two counts); possession with intent to distribute cocaine base (Northern District of Illinois)
Sentence: Life imprisonment; (July 14, 1994)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Alphonso Ravon Morrison – Lincolnton, NC
Offense: Conspiracy to possess with intent to distribute and distribute, a quantity of cocaine and cocaine base (Western District of North Carolina)
Sentence: Life imprisonment; 10 years’ supervised release (May 7, 2001)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Matthew Murphy, III – Moreno Valley, CA
Offense: Conspiracy to distribute and possess with intent to distribute in excess of five kilograms of cocaine (Western District of Pennsylvania)
Sentence: 360 months’ imprisonment; 10 years’ supervised release (Nov. 13, 1997)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Darnell Jamar Nash – Ardmore, OK
Offense: Drug conspiracy (Eastern District of Oklahoma)
Sentence: 264 months’ imprisonment; 10 years’ supervised release (Mar. 18, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and 10-year term of supervised release commuted to three years of supervised release.
- Eric L. Orington – Danville, IL
Offense: Possession with intent to distribute more than 50 grams of (crack) cocaine (Central District of Illinois)
Sentence: Life imprisonment; 10 years’ supervised release; $2,000 fine (Sep. 1, 1995)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Lynette Owens – Lehigh Acres, FL
Offense: Possession with intent to distribute five or more grams of cocaine base, “crack cocaine” (Middle District of Florida)
Sentence: 188 months’ imprisonment; four years’ supervised release (Jan. 22, 2007)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- David Padilla – Philadelphia, PA
Offense: Conspiracy; possession with intent to distribute cocaine; carrying a firearm during a drug trafficking crime (Eastern District of Pennsylvania)
Sentence: Life imprisonment plus 60 months’ imprisonment; 10 years’ supervised release (Nov. 18, 1997)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- LaShawn D. Patton – Cahokia, IL
Offense: Conspiracy to distribute cocaine and cocaine base; possession with intent to distribute cocaine; felon in possession of firearm; possession of a firearm in relation to a drug trafficking crime (Southern District of Illinois)
Sentence: 180 months’ imprisonment; eight years’ supervised release (Feb. 24, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and eight-year term of supervised release commuted to four years of supervised release.
- Donald Lamont Postell – Miami, FL
Offense: Conspiracy to possess with intent to distribute five kilograms of cocaine (Western District of North Carolina)
Sentence: 600 months’ imprisonment; 10 years’ supervised release; $20,000 fine (Feb. 1, 1989)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and balance of the fine remitted.
- Lalanda Price – Wellington, FL
Offense: Conspiracy to distribute and to possess with intent to distribute more than 50 grams of cocaine base; possession with intent to distribute more than 50 grams of cocaine base (Northern District of Florida)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Nov. 29, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Lamar Roberson – Savannah, GA
Offense: Conspiracy; distribution of cocaine (two counts) (Southern District of Georgia)
Sentence: Life imprisonment; five years’ supervised release (Dec. 6, 1991)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Kenneth Cordell Robinson – Houston, TX
Offense: Distribution of cocaine base (Southern District of Texas)
Sentence: 262 months’ imprisonment; five years’ supervised release; $5,000 fine (Apr. 21, 2000)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Amador Rodriguez – Chicago, IL
Offense: Conspiracy to distribute cocaine (Northern District of Illinois)
Sentence: Life imprisonment; $25,000 fine (Apr. 24, 1991)
Commutation Grant: Prison sentence commuted to expire on December 18, 2016.
- Felix Roman, Jr. – Reading, PA
Offense: Possession of five grams or more of cocaine base “crack” with the intent to distribute; possession of marijuana with intent to distribute (Eastern District of Pennsylvania)
Sentence: 262 months’ imprisonment; 10 years’ supervised release (Apr. 15, 2003)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Angel Sanchez – Atlantic Beach, FL
Offense: Possession with intent to deliver five or more grams of cocaine (crack); possession of a firearm during or in relation to a drug trafficking crime; felon in possession of a firearm (Eastern District of Pennsylvania)
Sentence: 240 months’ imprisonment; eight years’ supervised release; $1,000 fine (Mar. 13, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and balance of the fine remitted.
- Timothy Bernard Sanchious – Richmond, VA
Offense: Possession with intent to distribute cocaine base, to wit: “crack” (Eastern District of Virginia)
Sentence: 204 months’ imprisonment; five years’ supervised release (Dec. 16, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Michael Santoyo – Saginaw, MI
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine (three counts) (Eastern District of Michigan)
Sentence: Life imprisonment; 20 years’ supervised release; $80,000 fine (May 24, 1993)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Wilbert L. Shoemaker – Tallulah, LA
Offense: Conspiracy to possess with intent to distribute cocaine base and marijuana (Western District of Louisiana)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Feb. 2, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Marcus Stovall – Etowah, TN
Offense: Possession of cocaine base with intent to distribute (Eastern District of Tennessee)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Oct. 21, 2002)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Daron Benjamin Swygert – Gaston, SC
Offense: Possessing with intent to distribute cocaine base (District of South Carolina)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Apr. 13, 2001)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Billie Marie Taylor – Houston, TX
Offense: Did knowingly and willfully conspire, combine, confederate and agree together, with each other, and with other persons, to manufacture methamphetamine; did knowingly and intentionally possess a listed chemical, namely ephedrine, with intent to manufacture methamphetamine; did knowingly use and carry a firearm, namely, a 12 gauge Harrington and Richardson, Inc. shotgun, serial number AX492667, during and in relation to a drug trafficking crime for which the defendant may be prosecuted in a court of the United States, namely, conspiracy to manufacture methamphetamine; did knowingly possess a firearm, namely, a 12 gauge Harrington and Richardson, Inc. shotgun, serial number AX492667, with a barrel length of less than 18 inches and a weapon made from a shotgun with an overall length of less than 26 inches, and such firearm was not registered to the defendant in the National Firearms Registration and Transfer Record (Eastern District of Texas)
Sentence: 412 months’ imprisonment; five years’ supervised release (Feb. 28, 1992); prison sentence amended to 355 months’ imprisonment (Jul. 15, 2015)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Eric Desmond Thomas – Houston, TX
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine base (Southern District of Texas)
Sentence: Life imprisonment; 10 years’ supervised release; $20,000 fine (Sep. 26, 1996)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016, and balance of the fine remitted.
- Raymond Allen Thomas – Fairbanks, AK
Offense: Possession of controlled substance with intent to distribute (District of Alaska)
Sentence: 265 months’ imprisonment; eight years’ supervised release (Feb. 7, 2005); prison sentence amended to 216 months’ imprisonment (Mar. 4, 2015)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Bruce Lamar Thompson – Dalton, GA
Offense: Conspiracy to possess with the intent to distribute in excess of 500 grams of methamphetamine after sustaining a prior felony drug conviction (Northern District of Georgia)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (Jul. 30, 2004)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Keith Demond Thompson – Eastpointe, MI
Offense: Distribution of five grams of more of cocaine base (two counts) (Eastern District of Michigan)
Sentence: 188 months’ imprisonment; eight years’ supervised release (May 24, 2006)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Otis Lee Thompson, Jr. – Houston, TX
Offense: Possession with intent to distribute five grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; possession with intent to distribute codeine (Southern District of Texas)
Sentence: 195 months’ imprisonment; eight years’ supervised release (Dec. 6, 2005); prison sentence amended to 180 months’ imprisonment (May 20, 2008)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Charles Lee Torian – South Boston, VA
Offense: Conspiracy to possess with intent to distribute more than 50 grams of cocaine base; possess with intent to distribute more than five grams of cocaine base (two counts); possess with intent to distribute more than 50 grams of cocaine base (Western District of Virginia)
Sentence: 300 months’ imprisonment; five years’ supervised release (Apr. 19, 2002)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Maurice Junior Turpin – Lynchburg, VA
Offense: Conspiracy to distribute 50 grams or more of cocaine base (Western District of Virginia)
Sentence: 240 months’ imprisonment; 10 years’ supervised release; $500.00 fine (Jul. 19, 2007)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Tommie Sand Tyree – Birmingham, AL
Offense: Distribution of 50 grams or more of “crack” cocaine (Northern District of Alabama)
Sentence: Life imprisonment; 96 months’ supervised release (Feb. 7, 2007)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Alfonzo Samuel Wallace – Lake Worth, FL
Offense: Conspiracy to distribute cocaine base; possession of cocaine base with intent to distribute, distribution and manufacturing of cocaine base (three counts); possession of cocaine (Southern District of Florida)
Sentence: Life imprisonment; 10 years’ supervised release (Oct. 23, 1997)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- John Thomas Watters – Midlothian, TX
Offense: Conspiracy to possess with intent to distribute controlled substance (two counts); maintaining drug involved premises; felon in possession of firearms (Northern District of Oklahoma)
Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 26, 2006) Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Monica Ann White – Rock Island, IL
Offense: Conspiracy to distribute cocaine base (“crack”); possess with intent to distribute cocaine base (“crack”); distribute cocaine base (“crack”) (Southern District of Iowa)
Sentence: Life imprisonment; 10 years’ supervised release (Nov. 17, 1998)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
- Shelton L. Williams – Galveston, TX
Offense: Conspiracy to possess with intent to distribute 50 grams or more of crack cocaine; possession with intent to distribute 50 grams or more of crack cocaine (Southern District of Texas)
Sentence: Life imprisonment; 10 years’ supervised release (May 1, 1997)
Commutation Grant: Prison sentence commuted to expire on April 16, 2016.
The President granted pardons to the following two individuals:
- Jon Dylan Girard – Centerville, OH
Offense: Making counterfeit obligations (Southern District of Ohio)
Sentence: Three years' probation, with the special condition of six months' home confinement (Nov. 7, 2002).
- Melody Eileen Homa, fka Melody Eileen Childress – New Kent, VA
Offense: Aiding and abetting bank fraud (Eastern District of Virginia)
Sentence: Thirty days’ home detention; three years’ supervised release conditioned on performance of 200 hours of community service (Dec. 16, 1991).
Pottawattamie County Man Sentenced to Prison and Fined $15,000 for Filing a False Federal Tax ReturnRead the Press Release
COUNCIL BLUFFS, IA – On December 17, 2015, Craig A. Tripp, 62, of Avoca, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to three months imprisonment and fined $15,000 for filing a false 2009 tax return, announced Acting United States Attorney Kevin E. VanderSchel. In addition, Tripp was ordered to serve one year of supervised release following his prison term. According to the plea agreement, Tripp agreed to pay his tax liability, in an amount to be determined by the Internal Revenue Service.
At the sentencing hearing, Chief Judge Jarvey found Tripp failed to provide for an accurate accounting of his profits derived from the sale of beer and other items from his business, the Blue Moon Bar and Grill in Avoca, Iowa. Chief Judge Jarvey also found Tripp had failed to report business profits on his 2007, 2008, and 2010 federal tax returns.
This matter was investigated by the Internal Revenue Service-Criminal Investigations and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Philadelphia Man Charged with Possession of Child PornographyRead the Press Release
Richard Schultz, 34, of Philadelphia, PA, was charged today by information with possession of child pornography, announced United States Attorney Zane David Memeger. According to the information, on or about July 2, 2015, Schultz possessed laptop computers, an Iphone, and a computer hard drive which contained more than 600 images of child pornography.
If convicted, Schultz faces a maximum possible sentence of 20 years in prison, a minimum five year term up to a lifetime of supervised release, a possible fine, a $100 special assessment, restitution, and forfeiture.
The case was investigated by the Federal Bureau of Investigation (FBI), and is being prosecuted by Assistant United States Attorney Jeffery W. Whitt.
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 United States Attorneys= Offices and the Criminal Division=s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Peruvian Man Sentenced for Threatening and Defrauding Spanish-Speaking Consumers Through Fraudulent Call CentersRead the Press Release
A resident of Lima, Peru, charged with operating call centers that lied to and threatened Spanish-speaking victims in the United States, convincing them to pay fraudulent settlements, was sentenced today to more than four years in prison in federal district court in Miami, Florida, the Department of Justice and the U.S. Postal Inspection Service (USPIS) announced.
Cesar Luis Kou Reyna, 40, was sentenced to serve 58 months in federal prison to be followed by three years of supervised release for operating telemarketing call centers in Peru that threatened Spanish-speaking victims across the United States with phony debts and other consequences of failure to pay the alleged debts that they did not owe. On Oct. 14, Reyna pleaded guilty to conspiracy to commit mail and wire fraud.
“The threats made by the defendant’s call centers frightened and intimidated Spanish-speaking victims across the United States,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “As this case and other recent ones show, we will track down those responsible for defrauding and threatening American consumers, no matter where the fraudsters reside, what language they speak or which populations they target.”
“The U.S. Postal Inspection Service has a long tradition of protecting postal customers from these types of fraud and bringing those responsible to justice,” said Acting Inspector in Charge Delany De Leon-Colon of the USPIS’s Miami Division. “Every day we protect our postal customers and the general public from falling victim to these scams.”
Kou Reyna owned and controlled a corporation called Fonomundo FC, which operated call centers in Peru and payment and fulfilment operations in Miami. Fonomundo FC and its affiliated call centers used Internet-based telephone calling services to place cold calls to Spanish-speaking residents in the United States. The callers falsely claimed to be attorneys and said that victims had failed to pay for or receive a delivery of products, although the victims had not ordered these products.
The callers claimed that victims would be sued and that the companies would obtain large monetary judgements against them. Some victims were also threatened with negative marks on their credit reports, imprisonment or deportation. The callers said these threatened consequences could be avoided if the victims immediately paid “settlement fees.” Many victims made monetary payments based on these threats.
Kou Reyna was originally charged by criminal complaint and was arrested by USPIS on July 30. He has remained incarcerated since his arrest and was later indicted on Aug. 27.
Principal Deputy Assistant Attorney General Mizer commended USPIS for its investigative efforts and thanked the U.S. Attorney’s Office of the Southern District of Florida for its contributions to the case. The case is being prosecuted by Trial Attorneys Phil Toomajian and Stephen T. Descano of the Civil Division’s Consumer Protection Branch.
Ohio Cardiologist Sentenced to 20 Years in Prison for Overbilling Medicare and Others of $5.7 Million for Unnecessary ProceduresRead the Press Release
A Westlake, Ohio, cardiologist was sentenced to 20 years in prison for performing unnecessary catheterizations, tests, stent insertions and causing unnecessary coronary artery bypass surgeries as part of a scheme to overbill Medicare and other insurers by $29 million, law enforcement officials said.
Dr. Harold Persaud, 56, was convicted earlier this year of one count of health care fraud, 13 counts of making false statements and one count of engaging in monetary transactions in property derived from criminal activity.
“This defendant used his medical license as a license to steal,” said First Assistant U.S. Attorney Carole S. Rendon. “He inflated Medicare billings, falsified cardiac care records and performing needless and sometimes invasive tests and procedures. This prison sentence is well deserved.”
“Dr. Persaud violated the sacred trust between doctor and patient by ordering unnecessary tests, procedures and surgeries to line his pockets,” said Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Office. “He ripped off taxpayers and put patients’ lives at risk.”
“Dr. Persaud's systematic use of medically unnecessary tests and procedures, falsification of patient records and submission of false billings to health care insurers added up to a toxic mixture of fraud at the expense of patient safety and well-being and taxpayer dollars,” said Special Agent in Charge Lamont Pugh III of the U.S. Department of Health & Human Services, Office of Inspector General - Chicago Region. “The OIG, along with our law enforcement partners, will continue to identify, investigate and seek the criminal prosecution of those who choose to exploit federally funded health care programs and the patients these programs serve.”
Persaud had a private medical practice at 29099 Health Campus Drive in Westlake and had hospital privileges at Fairview Hospital, St. John’s Medical Center and Southwest General Hospital, according to court documents and trial testimony.
Persaud devised a scheme to defraud and obtain money from Medicare and other insurers. The scheme took place between 2006 and 2012. According to court documents and trial testimony, his activities in furtherance of the scheme included:
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Persaud selected the billing code for each customer submitted to Medicare and private insurers and used codes that reflected a service that was more costly than that which was actually performed;
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Persaud performed nuclear stress tests on patients that were not medically necessary;
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He knowingly recorded false results of patients’ nuclear stress tests to justify cardiac catheterization procedures that were not medically necessary;
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Persaud performed cardiac catheterizations on patients at the hospitals and falsely recorded the existence and extent of lesions (blockage) observed during the procedures;
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He recorded false symptoms in patient records to justify testing and procedures on patients;
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Persaud inserted cardiac stents in patients who did not have 70 percent or more blockage in the vessel that he stented and who did not have symptoms of blockage;
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He placed a stent in a stenosed artery that already had a functioning bypass, thus providing no medical benefit and increasing the risk of harm to the patient;
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He improperly referred patients for coronary artery bypass surgery when there was no medical necessity for such surgery, which benefitted Persaud by increasing the amount of follow-up testing he could perform and bill to Medicare and private insurers;
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Persaud performed medically unnecessary stent procedures, aortograms, renal angiograms and other procedures and tests.
As a result of this scheme, Persaud overbilled and caused the overbilling of Medicare and private insurers in the amount of approximately $29 million, of which Medicare and the private insurers paid approximately $5.7 million, according to court records.
A hearing is scheduled for Jan. 27, 2016, to determine restitution.
This case is being prosecuted by Assistant U.S. Attorneys Michael L. Collyer and Chelsea Rice following an investigation by the FBI and the U.S. Department of Health and Human Services – Office of Inspector General
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New York Man Sentenced to 20 years for Child Pornography OffensesRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced today that Phillip Binder, 43, of Woodside, New York, was sentenced to twenty years in federal prison after pleading guilty to producing and transporting child pornography. Upon his release from prison he will be supervised by United States Probation for a period of ten years.
Binder was arrested in Seabrook, New Hampshire, after traveling to meet an individual he had met in an online chatroom dedicated to the exchange of sexually explicit images of children. Binder came to New Hampshire for the purpose of trading images of child pornography. The individual Binder met was actually an undercover agent with the Department of Homeland Security (HSI) who had been conducting an investigation into individuals utilizing the website. At the time of his arrest, police seized a video from Binder depicting his sexual abuse of a young child.
“Mr. Binder traveled from New York to New Hampshire for the purpose of promoting the exploitation of children by trading child pornography,” stated Acting U.S. Attorney Donald Feith. “When he was arrested, it was discovered that he not only wanted to trade child pornography, but that he was a predator who actively engaged in the sexual abuse of a child. This office will continue to work with law enforcement to identify, investigate, and prosecute those who pose such a threat to our kids. The sentence imposed in this case guarantees that a generation of children will be safe from this predator.”
“Those who sexually abuse children and use the Dark Web to promote their deplorable activity should be warned,” stated Homeland Security Investigations (HSI) Special Agent in Charge Matthew Etre. “We will use all the tools at our disposal to bring you to justice. I am proud of the HSI Special Agents, and of our law enforcement partners who devote themselves to stopping these criminals and keeping our children safe.”
The case was investigated by HSI in conjunction with the Portsmouth, Seabrook and Hinsdale Police Departments and the New Hampshire Internet Crimes Against Children Task Force. This case was prosecuted by Assistant U.S. Attorney Helen White Fitzgibbon.
New Orleans Woman Indicted for Conspiracy, Theft of Federal Funds, and Aggravated Identity TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DOMINIEL TRINETTE JONES, age 26, of New Orleans, was charged today in a five-count Indictment for Conspiracy to Steal Federal Funds, Theft of Federal Funds, and Aggravated Identity Theft.
According to the Indictment, on or before September 11, 2014, JONES conspired with others, known and unknown to the Grand Jury, to unlawfully acquire two United States Treasury checks that did not belong to her. The refund checks were the property of the United States and payable to two actual taxpayers who were owed tax refunds. One check was payable to S.H. for the tax year 2011, in the amount of $25,476.00. The other check was payable to S.V. and J.V., in the amount of $33,754.64.
At a time unknown, but prior to September 11, 2014, JONES, along with others, obtained two false Georgia driver’s licenses in the names of S.H., and J.V., the two taxpayers who were payees on the refund checks. JONES obtained these fake licenses for the purpose of opening bank accounts to deposit and steal the Treasury funds.
On or about September 11, 2014, using the fake driver’s license bearing the name S.H., JONES, opened a bank account at Woodforest National Bank located in Covington, in S.H.’s name, but deposited the $25,476.00 check later that day at a different branch in Gulfport. On or about September 22, 2014, JONES, traveled to the Woodforest National Bank, located in New Orleans, and withdrew $10,000 from the account bearing the name S.H. using the fake driver’s license.
According to the allegations in the Indictment, on or about September 13, 2014, JONES and a co-conspirator, opened an account in the names of S.V. and J.V. at Woodforest National Bank located in LaPlace. JONES and the co-conspirator presented fraudulent Georgia driver’s licenses in the names of S.V. and J.V. to open the account. The same day, JONES, and the co-conspirator used the Treasury check payable to S.V. and J.V., in the amount of $33,754.64, as the initial deposit to open the account at the Woodforest National Bank.
If convicted of Conspiracy to Steal Federal Funds, JONES faces a maximum of five years imprisonment, a fine of not more than $250,000.00, supervised release of three years, and a special assessment of $100.00.
If convicted of Theft of Federal Funds, JONES faces a maximum of ten years imprisonment, a fine of not more than $250,000, supervised release of three years, and a special assessment of $100.00, as to each count.
If convicted of Aggravated Identity Theft, JONES faces a mandatory minimum of two year imprisonment in addition to any penalty on Counts Two or Three, as to each count.
U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Internal Revenue Service, Criminal Investigation in investigating this matter. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.
New Orleans Man Charged with Possession of Child Pornography and Failure to Register as a Sex OffenderRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DWIGHT JOSEPH, JR., age 33, of New Orleans, was charged today in a two-count Indictment with possession of images and videos depicting the sexual exploitation of children under the age of twelve and failure to register as a sex offender.
Because of JOSEPH’S 2005 conviction in Lehigh County, Pennsylvania for dissemination of photo/film of child sex acts, if convicted, JOSEPH faces a mandatory minimum of ten years imprisonment and a maximum term of imprisonment of twenty years for possessing child pornography. He also faces a maximum term of ten years imprisonment for failing to register as sex offender. Additionally, JOSEPH faces up to a lifetime of supervised release and a $250,000 fine per count. He can also be required to register as a sex offender.
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 United States 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.projectsafechildhood.gov.
U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Louisiana Attorney General’s Cybercrime Unit and the United States Marshal’s Service, with assistance from the United States Department of Homeland Security – Homeland Security Investigations in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
New Orleans Man Charged with Drug DistributionRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DELRONE MOORE, age 38, of New Orleans, was charged in a four-count Indictment December 18, 2015, by a federal grand jury for charges of possession with intent to distribute methamphetamine and heroin and other drug charges.
According to the Indictment, on December 16, 2015, MOORE possessed, with intent to distribute, 50 grams or more of methamphetamine and 100 grams or more of heroin. MOORE is also charged with distribution of heroin on both October 14, 2015, and November 12, 2015. If convicted of the charge of possession with intent to distribute methamphetamine, the defendant will face a sentence of ten years to life imprisonment.
U.S. Attorney Polite reiterated that the indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration and the Jefferson Parish Sheriff’s Office. Assistant United States Attorney Nicholas D. Moses is in charge of the prosecution.
Naugatuck Man Admits Defrauding Connecticut ResidentsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on December 16, CHRISTOPHER SCULL, 36, of Naugatuck, waived his right to indictment and pleaded guilty before U.S. District Judge Janet C. Hall in New Haven to two counts of mail fraud stemming from a scheme to defraud investors of more than $120,000.
According to court documents and statements made in court, from approximately June 2011 and continuing until approximately January 2014, SCULL, while employed as an insurance agent with Bankers Life & Casualty Company (“Bankers Life”), devised and executed a scheme to defraud victims out of money. As part of the scheme, SCULL induced one victim to make withdrawals from her annuity and give the money to SCULL by falsely representing that the victim owed certain fees in connection with the account. SCULL caused the victim to submit an annuity withdrawal form and, after the victim received a check in the mail from Bankers Life, SCULL directed the victim to deposit the money into her account and write SCULL a personal check. SCULL then used the money for his own benefit.
Judge Hall scheduled sentencing for March 10, 2016, at which time SCULL faces a maximum term of imprisonment of 20 years and a fine of up to $250,000 on each count.
This matter has been investigated by the U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Susan L. Wines.
Mother and Daughter Sentenced for Defrauding the United States in Health Care SchemeRead the Press Release
HOUSTON – Two Houston area women have been sentenced following their convictions related to a scheme in which Medicare and Medicaid were billed for ambulance services that were not provided, announced U.S. Attorney Kenneth Magidson. Erika Moscarro, 37, of Houston, and Maria Vasquez, 59, of Cypress, pleaded guilty on Sept. 22, 2014, and Jan. 22, 2015, respectively.
Today, U.S. District Judge Gray Miller sentenced Vasquez. At the hearing, she apologized to the court and asked for a sentence of less than a year in prison. Judge Miller ultimately imposed a 57-month sentence and further ordered her to pay $587,288 in restitution. Her daughter – Moscarro – was sentenced previously to a 12-month-term of imprisonment. Both will also serve three years of supervised release following completion of their prison terms.
Vasquez was the operator of Optimum Care EMS, a business which provided ambulance transport to patients on Medicare and Medicaid. Between January 2008 and December 2010, Optimum Care EMS received payments from Medicaid and Medicare for ambulance transport services which were not actually provided. Specifically, Vasquez and her daughter provided patients with transportation via van or car. However, they actually billed Medicare and Medicaid for ambulance transportation with basic life support, which resulted in larger payments.
As a result of the scheme, Medicare and Medicaid incurred a loss of more than $500,000.
Vasquez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges were the result of an investigation conducted by the Texas Attorney General’s Medicaid Fraud Control Unit. Assistant U.S. Attorney James McAlister prosecuted the case.
Meriden Man Who Allegedly Fired Shots into Mosque Charged with Federal Hate Crime OffenseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that TED HAKEY, JR., 48, of Meriden, has been arrested on a federal criminal complaint charging him with intentionally damaging religious property, the Baitul Aman Mosque in Meriden.
HAKEY was arrested yesterday. He appeared today before U.S. Magistrate Judge Sarah A.L. Merriam in New Haven and was ordered detained. A detention hearing is scheduled for December 21 at 9:30 a.m.
As alleged in the criminal complaint, in the early morning hours of November 14, 2015, shortly after learning of the terrorist attacks in Paris, HAKEY who lived next door to the Mosque used his high powered rifle to discharge several rounds at the Mosque. Four bullets hit the mosque, with three penetrating the building. No one was inside the mosque at the time of the shooting and no one was injured during the incident.
“All citizens of this earth should be free to worship without fear of violence,” said U.S. Attorney Daly. “As Americans, we must not let fear drive us away from our values and toward hateful and divisive acts against others. The core mission of the Department of Justice involves the safety of every person and their protection against racially, religiously and ethnically motivated violence and intimidation. We stand ready to prosecute individuals when rhetoric crosses the line to threats of violence or – as charged here – actual violence. I thank the FBI, ATF, Connecticut State Police and Meriden Police Department for their excellent work in this important investigation.”
“This arrest should serve as a clear message that crimes of hate against individuals of any race, creed, gender or religious background will not be tolerated,” said FBI Special Agent in Charge Ferrick. “This is the result of FBI, ATF, Connecticut State Police and the Meriden Police Department working night and day to bring some degree of comfort to a community that has been victimized by fear and hate.”
The charge of intentionally damaging religious property through use of a dangerous weapon carries a maximum term of imprisonment of 20 years and a fine of up to $250,000.
U.S. Attorney Daly stressed that a criminal complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Connecticut State Police and the Meriden Police Department.
Maryland Man Sentenced to Three Years in Prison for Attacking Two Women in Northwest WashingtonRead the Press Release
WASHINGTON – Fernando Salas, 31, formerly of Gaithersburg, Md., was sentenced today to three years in prison after earlier pleading guilty to one count of kidnapping and one count of misdemeanor sexual abuse stemming from his random attack on two different women one night in May 2015, U.S. Attorney Channing D. Phillips announced.
Salas pled guilty in June 2015 in the Superior Court of the District of Columbia, in an Alford plea. Under such a plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. He was sentenced by the Honorable Jennifer Anderson. Upon completion of his prison term, Salas will be placed on five years of supervised release.
According to the government’s evidence, early on May 7, 2015, after a night of heavy drinking and attending a strip club on M Street NW, Salas took to the nearby streets. He first accosted a college student as she was walking home on 19th Street NW, just south of M Street. He grabbed her from behind and tried to drag her into a nearby alley. She was able to get his hand off of her mouth and began screaming for help, at which point Salas fled down the alley.
A few minutes later, Salas came up from behind another young woman who was waiting for an Uber ride at 18th and M Streets NW. Again, Salas approached from behind, grabbed the woman, and tried to drag her to a secluded spot outside a nearby bank. As she struggled to get away, a Good Samaritan saw what Salas was doing and yelled at him. Salas then threw the woman to the ground and ran away.
Salas was apprehended nearby a short while later by officers of the Metropolitan Police Department (MPD), who were responding to the 911 placed by the first victim after she got away.
In announcing the sentence, U.S. Attorney Phillips praised the work of MPD’s Second District officers and detectives from the MPD Sexual Assault Unit, which investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists D’Yvonne Key and Joyce Arthur; and Victim/Witness Advocate Tracey Hawkins. Finally, U.S. Attorney Phillips commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted the case.
Man Sentenced to 15 Months in Federal Prison and Ordered to Pay Nearly $150,000 in Restitution to IRS on Identity Theft ConvictionRead the Press Release
DALLAS — A man who admitted committing identity theft was sentenced this week by U.S. District Judge Sam A. Lindsay, announced U.S. Attorney John Parker of the Northern District of Texas.
Uche Victor Harrison Onyewulotu was sentenced on Monday to 15 months in federal prison and ordered to pay $141,469 in restitution to the Internal Revenue Service (IRS). He pleaded guilty in July 2015 to an indictment charging one count of identity theft – possession in and affecting interstate commerce of means of identification of another with intent to commit a crime.
According to the factual resume and complaint filed in the case, over the course of two years, an individual, identified as Chijioke Augustin Obiora, a Nigerian national, sold undercover agents 13 U.S. Treasury checks, stolen and obtained by fraud, with a total value of $115,702.
On April 28, 2014, according to the factual resume, Obiora attempted to fly to Lagos, Nigeria, from Dallas-Fort Worth airport, where he was arrested. Onyewulotu accompanied Obiora at the airport and was detained.
According to the factual resume, Onyewulotu admitted that he had assisted an individual in a scheme to file fraudulent U.S. federal income tax returns to obtain refunds. When Onyewulotu’s laptop was searched, pursuant to a federal search warrant, according to the factual resume, law enforcement found the means of identification of thousands of individuals, including names, ages, genders, dates of birth, Social Security account numbers, addresses and telephone numbers.
Obiora was prosecuted and convicted in the Eastern District of Texas, and according to the judgment filed in the case, was sentenced in October 2015 to serve 24 months in federal prison.
IRS Criminal Investigation, the U.S. Department of State Diplomatic Security Service, and the Texas Department of Public Safety and investigated. Assistant U.S. Attorney Joseph M. Revesz prosecuted.
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Man Sentenced for Selling Fraudulent ID CardsRead the Press Release
ATLANTA - Horacio Sanchez-Lopez has been sentenced to one year and two months in federal prison for conspiring to manufacture, sell, and distribute counterfeit federal Permanent Resident and Social Security cards.
“Trafficking in counterfeit immigration and Social Security documents threatens the integrity of systems which verify employment,” said U. S. Attorney John Horn. “Forged documents not only circumvent those systems, but can also be used for more nefarious activities.”
“Fraudulent identity documents pose a serious threat to public safety as they enable people to commit a broad range of criminal offenses from identity theft to financial crimes,” said Nick S. Annan, special agent in charge of ICE Homeland Security Investigations Atlanta. “HSI will continue to actively pursue individuals who engage in this type of criminal activity that threatens the safety and security of our communities.”
According to U.S. Attorney Horn, the charges and other information presented in court: In the summer of 2014, Homeland Security Investigations (HSI) agents began investigating a conspiracy that sold counterfeit identification documents in the Chamblee, Georgia, area. Working through cooperating individuals, agents bought several pairs of Permanent Resident and Social Security cards from Horacio Sanchez-Lopez and a co-conspirator, Jorge Manuel Rosado. Sanchez-Lopez or Rosado delivered the documents to customers who ordered them over the phone from another individual, and they sold the documents to confidential informants for between $80 and $120 per set.
On October 16, 2014, agents executed a search warrant at the house in Chamblee where Sanchez-Lopez, Rosado, and others lived. While the conspirators had moved the computer they had been using to make the fraudulent documents, agents found, among other things, a used printer ribbon that lab analysis later found contained 215 images of ID cards. Agents also recovered 93 fraudulent cards that had been cut in half and thrown in a trash can, and a smart phone that contained thousands of passport-style photos for ID cards.
Horacio Sanchez-Lopez, 42, of Chamblee, Georgia, was sentenced by U.S. District Judge Leigh Martin May to one year, two months in prison, followed by three years of supervised release. Sanchez-Lopez is an illegal alien from Mexico, and has been ordered to be transferred for deportation proceedings. Sanchez-Lopez was convicted on these charges on October 8, 2015, after he pleaded guilty.
Jorge Manuel Rosado, 45, of Chamblee, Georgia, pleaded guilty on September 11, 2015, to a conspiracy charge and was sentenced to prison for fifteen months by Judge May.
The conspiracy remains under investigation by the Homeland Security Investigations.
Assistant United States Attorney William G. Traynor is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Lorain man indicted for producing child pornography with more than a dozen childrenRead the Press Release
A grand jury returned a 15-count superseding indictment charging Robert B. Ray, 52, of Lorain, with producing visual depictions of minors engaged in sexually explicit conduct, receiving, and possessing child pornography, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.
Between 2009 and 2013, Ray induced or coerced 13 different minor children into sexually explicit conduct for the purpose of creating child pornography, according the the indictment.
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Brian M. McDonough following an investigation by the FBI Cleveland Field Office, Elyria Resident Agency.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Linton Indiana man faces extortion and child exploitation chargesRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler today announced the arrest of a Linton, Indiana man on seven counts of sending extortionate interstate communication and two counts of sexual exploitation of a child. Kenneth J. McCarter, 20, was arrested at his Linton apartment.
“Mr. McCarter victimized children through fear and violent threats over the internet,” said Minkler. “Threatening young victims into doing unthinkable acts like Mr. McCarter did, is not a crime we take lightly in this office. He will be held fully accountable for his actions in federal court.”
In June 2015, a 19 year old victim began receiving text messages from a number she did not recognize. The text messages suggested that the sender knew the victim and stated he had seen her nude several times in the past. He further stated that if she did not send three nude photos of her to the text number, he would post sexually explicit photos of the victim on Facebook and “tag” her parents, friends and employers, etc. The text message sender sent nude photos of a female to the victim but no face was visible. The victim reported this activity to the Daviess County Sheriff’s Department, who, working with the Indiana State Police and the Indianapolis Metro Police Department identified the sender as McCarter.
Investigators soon learned that McCarter was also using Facebook to communicate with the first victim and many others. Sometime using fictitious screen names, he allegedly would threaten them by saying he had sexually explicit photos. He demanded, many times threatening violence, the victims to send more sexually explicit images to him. On several occasions the victims complied, feeling frightened by McCarter. In one exchange, McCarter told the victim, “if you don’t want your life ruined, you will do what I say...” In another exchange, he threatened to post pictures on Facebook saying “…Everyone will think you are the county whore …” demanding more nude photos of the victim.
In total, seven minor victims and two adult victims have been identified and saved from further victimization.
According to Senior Litigation Counsel Steven D DeBrota, who is prosecuting this case for the government, McCarter could face decades in prison if convicted on all counts.
A criminal complaint is only a charge and not indication of guilt. All defendants are presumed innocent until proven guilty in federal court.
This case was jointly investigated by the Indiana State Police, FBI, Indianapolis Metropolitan Police Department, Daviess County Sheriff’s Department and Barry County Michigan Sheriff’s Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Office 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 “resource.”
Lead Defendant Sentenced in $5.8 Million Mortgage Fraud RingRead the Press Release
ATLANTA - Chiedu “George” Chukwuka has been sentenced in connection with his lead role in a mortgage fraud ring that spanned five years and caused millions in losses. Chukwuka, along with his co-defendants and other co-conspirators, engaged in a massive property-flipping scheme resulting in over $5.8 million in actual losses to financial institutions between 2006 and 2011.
“At the height of the recent mortgage-fraud crisis, this property-flipping scheme caused scores of homes to fall into foreclosure, costing financial institutions millions of dollars in losses,” said U. S. Attorney John Horn. “Many communities in our district have been decimated by mortgage fraud during the last 15 years and even now struggle to recover from the effects of these schemes.”
“The sentencing of Mr. Chukwuka brings to a close a lengthy investigation and prosecution of a criminal enterprise that targeted the banking industry through their prolific mortgage fraud schemes. Mr. Chukwuka, considered by law enforcement and prosecution to be head of this enterprise, caused extensive damage with high loss amounts to those victim banks involved. The FBI is pleased with the role it played in bringing about this sentencing to federal prison of Mr. Chukwuka as well as the previous sentencings of his co-defendants in this matter,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Horn, the charges and other information presented in court: Chukwuka, along with his co-defendants and co-conspirators, recruited straw buyers to purchase homes at a discounted price, typically a bank-owned or distressed property. The group then recruited a second straw buyer to purchase the same home at a dramatically inflated price. In turn, Chukwuka, his co-defendants and co-conspirators applied for an acquisition loan for the second straw buyer, supporting the loan application with false income, fake employment, and fraudulent net worth data.
The group profited from their scheme by pocketing the acquisition loan proceeds paid by the victim bank to the straw seller (who was the straw purchaser in the first transaction). The amount of profit was the difference between the price paid by the straw purchaser in the first transaction and the price paid by the straw purchaser in the second transaction, less transaction costs. Since none of the straw purchasers made any significant loan payments, the targeted properties usually went into foreclosure, resulting in over $5.8 million in actual losses to financial institutions between 2006 and 2011.
Chiedu “George” Chukwuka, 47, of Stone Mountain, Georgia, was sentenced by U.S. District Court Judge Timothy C. Batten, Sr. to serve nine years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $5,868,243.80. Chukwuka was convicted of conspiracy to commit wire fraud on August 10, 2015, after he pleaded guilty.
The following five defendants also pleaded guilty for their roles in the scheme, and were previously sentenced by U.S. District Court Judge Timothy C. Batten, Sr. as follows:
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Shelly Gee, a/k/a Shelly Baker, 48, of Atlanta, Georgia, was sentenced on November 10, 2015, to one year, six months in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $2,243,909.99. Gee was convicted after pleading guilty on June 17, 2015.
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Sandra Petgrave, 43, of Stone Mountain, Georgia, was sentenced on December 4, 2015, to one year, six months in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,051,970.77. Petgrave was convicted after pleading guilty on August 18, 2015.
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Kennedy Simmonds, 54, of Snellville, Georgia, was sentenced on December 17, 2015, to three years, ten months in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $5,868,243.80. Simmonds was convicted after pleading guilty on July 6, 2015.
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Marcelle Welch, 37, of Stone Mountain, Georgia, was sentenced on December 17, 2015, to two years, three months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $2,554,189.25. Welch was convicted after pleading guilty on July 29, 2015.
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Leah Freeman, 43, of Atlanta, Georgia, was sentenced on December 17, 2015, to two years in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,828.532.94. Freeman was convicted after pleading guilty on June 19, 2015.
In a related case, Chinedum Oli, 42, of Snellville, Georgia, was sentenced on February 19, 2013, by Senior U.S. District Court Judge Marvin H. Shoob to five years in prison, followed by five years of supervised release, and ordered to pay restitution in the amount of $4,373,281.63. Oli was convicted after pleading guilty on October 9, 2012.
These cases were investigated by the Federal Bureau of Investigation.
Assistant United States Attorneys Jamie L. Mickelson and Steven D. Grimberg prosecuted the cases.
This announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 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’s 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 on the task force, please visit www.StopFraud.gov.”
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
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Justice Department Announces Joint Resolution with Two Banks Under Swiss Bank ProgramRead the Press Release
The Department of Justice announced today that Edmond de Rothschild (Suisse) SA and Edmond de Rothschild (Lugano) SA (collectively EdR Switzerland) reached a joint resolution under the department’s Swiss Bank Program. EdR Switzerland will pay a penalty of more than $45 million.
The Swiss Bank Program, which was announced on Aug. 29, 2013, provides a path for Swiss banks to resolve potential criminal liabilities in the United States. Swiss banks eligible to enter the program were required to advise the department by Dec. 31, 2013, that they had reason to believe that they had committed tax-related criminal offenses in connection with undeclared U.S.-related accounts. Banks already under criminal investigation related to their Swiss-banking activities and all individuals were expressly excluded from the program.
Under the program, banks are required to:
- Make a complete disclosure of their cross-border activities;
- Provide detailed information on an account-by-account basis for accounts in which U.S. taxpayers have a direct or indirect interest;
- Cooperate in treaty requests for account information;
- Provide detailed information as to other banks that transferred funds into secret accounts or that accepted funds when secret accounts were closed;
- Agree to close accounts of accountholders who fail to come into compliance with U.S. reporting obligations; and
- Pay appropriate penalties.
Swiss banks meeting all of the above requirements are eligible for a non-prosecution agreement.
According to the terms of the joint non-prosecution agreement signed today, EdR Switzerland agrees to cooperate in any related criminal or civil proceedings, demonstrate its implementation of controls to stop misconduct involving undeclared U.S. accounts and pay a penalty in return for the department’s agreement not to prosecute EdR Switzerland for tax-related criminal offenses.
Edmond de Rothschild (Suisse) SA is a corporation organized under the laws of Switzerland with its headquarters in Geneva, Switzerland, and it operates a subsidiary called Edmond de Rothschild (Lugano) SA (collectively EdR Switzerland). EdR Switzerland, one of the largest private banks in Switzerland, also operates a financial services business in Geneva, Lausanne, Fribourg and Lugano, Switzerland. It offers private banking and wealth management services for individual clients around the world, including U.S. citizens, legal permanent residents and resident aliens.
EdR Switzerland is affiliated with the Edmond de Rothschild Group, an independent, family-controlled financial group focused on high-net-worth individual clients. The Edmond de Rothschild Group was founded in 1953 and currently operates in 19 countries worldwide. In 2012, EdR Switzerland agreed to acquire the Lugano-based Sella Bank AG, which became part of Edmond de Rothschild (Lugano) SA in 2013.
For decades prior to and through 2013, EdR Switzerland aided and assisted U.S. clients in opening and maintaining undeclared accounts in Switzerland and concealing the assets and income they held in these accounts. EdR used a variety of means to assist U.S. clients in concealing their undeclared accounts, including by:
- Providing traditional Swiss banking products such as hold mail, code name and numbered account services;
- Assisting clients in using sham entities, such as structures as nominee beneficial owners of the undeclared accounts;
- Providing offshore credit cards, cash cards and debit cards to repatriate funds from the undeclared accounts;
- Structuring transfers of funds from undeclared accounts to evade currency transaction reporting requirements;
- Facilitating the covert repatriation of undeclared accounts via cash withdrawals, the purchase of luxury goods and transfers to the foreign bank accounts of non-U.S. friends, family and business associates;
- Accepting and suggesting the use of Internal Revenue Service (IRS) forms that falsely stated under penalties of perjury that the sham entities beneficially owned the assets in the undeclared accounts; and
- Divesting U.S. securities from its undeclared U.S. accounts for the purpose of subverting its Qualified Intermediary (QI) Agreement with the IRS.
EdR Switzerland relationship managers assisted numerous U.S. clients in covertly repatriating undeclared account funds by structuring transfers in amounts under $10,000 to avoid detection by U.S. authorities. For example, after numerous discussions with one U.S. client regarding his intent to covertly repatriate his undeclared account funds, an EdR Switzerland relationship manager issued a series of checks in the amount of $8,500 made out to the U.S. client drawn on EdR Switzerland’s bank account at UBS in Switzerland. The same relationship manager also assisted this U.S. client in withdrawing $11,000 in cash before re-depositing $2,000 based on “customs limitations.” In another instance, an EdR Switzerland relationship manager assisted a U.S. client in transferring 145,000 Swiss francs to the Swiss UBS account of a luxury watch maker.
Several EdR Switzerland employees notated the advice they provided regarding the repatriation of undeclared U.S. client funds. One relationship manager noted the following about his discussion with a U.S. client: “Telephonic contact with the account holder. Explained to him the situation with respect to U.S. citizen account holders. Asked what to do. Suggested to him to make a donation to his wife.” An assistant to a different relationship manager made this note in an account file: “Explained to [the niece] our need to close the account (client residing in USA) and only possible solution transfer of account to a person not resident in the USA.”
Certain relationship managers assisted or otherwise facilitated some U.S. individual taxpayers in establishing and maintaining undeclared accounts in a manner that concealed the U.S. taxpayers’ ownership or beneficial interest in said accounts. At least one EdR Switzerland relationship manager coordinated with an external trust company to create and administer an offshore structure incorporated in Singapore. EdR Switzerland relationship managers also knew or had reason to know that U.S. clients used external trust companies and attorneys to create and administer structures incorporated or based in offshore locations such as the British Virgin Islands, Panama and Liechtenstein. For certain U.S. client accounts, EdR Switzerland relationship managers and other employees knowingly accepted and included in EdR Switzerland’s account records IRS Forms W-8BEN (or EdR Switzerland’s substitute forms) provided by the directors of the offshore companies that falsely represented under penalty of perjury that such companies were the beneficial owners.
At least one relationship manager assisted two U.S. clients in closing their undeclared accounts at EdR Switzerland by briefly opening up new individual accounts at EdR Switzerland, into which EdR Switzerland transferred the funds from the undeclared accounts, and then transferred the funds from the new accounts to insurance wrapper accounts in Liechtenstein. Insurance wrappers were marketed to U.S. clients by third-party providers in the wake of the UBS investigation as a means of disguising the beneficial ownership of U.S. clients.
Throughout its participation in the Swiss Bank Program, EdR Switzerland has made comprehensive disclosures regarding its U.S.-related accounts. Among other things, EdR Switzerland provided actionable information concerning numerous U.S. client accounts held at EdR Switzerland since August of 2008 permitting the department to make treaty requests to the Swiss competent authority for U.S. client account records. EdR Switzerland also described in detail its U.S. cross-border business, including the policies or lack of policies that contributed to misconduct committed by relationship managers, supervisory relationship managers and EdR Switzerland management; the supervisory chain overseeing relationship managers; and the names of senior management and legal and compliance officials.
Since Aug. 1, 2008, EdR Switzerland held and managed approximately 950 U.S. client accounts, which included both declared and undeclared accounts, with aggregate peak of assets under management of $2.16 billion. EdR Switzerland will pay a penalty of $45.245 million.
In accordance with the terms of the Swiss Bank Program, EdR Switzerland mitigated its penalty by encouraging U.S. accountholders to come into compliance with their U.S. tax and disclosure obligations. While U.S. accountholders at EdR Switzerland who have not yet declared their accounts to the IRS may still be eligible to participate in the IRS Offshore Voluntary Disclosure Program, the price of such disclosure has increased.
Most U.S. taxpayers who enter the IRS Offshore Voluntary Disclosure Program to resolve undeclared offshore accounts will pay a penalty equal to 27.5 percent of the high value of the accounts. On Aug. 4, 2014, the IRS increased the penalty to 50 percent if, at the time the taxpayer initiated their disclosure, either a foreign financial institution at which the taxpayer had an account or a facilitator who helped the taxpayer establish or maintain an offshore arrangement had been publicly identified as being under investigation, the recipient of a John Doe summons or cooperating with a government investigation, including the execution of a deferred prosecution agreement or non-prosecution agreement. With today’s announcement of this non-prosecution agreement, noncompliant U.S. accountholders at EdR Switzerland must now pay that 50 percent penalty to the IRS if they wish to enter the IRS Offshore Voluntary Disclosure Program.
Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division thanked the IRS and in particular, IRS-Criminal Investigation and the IRS Large Business & International Division for their substantial assistance. Acting Assistant Attorney General Ciraolo also thanked Kevin F. Sweeney, who served as counsel on this matter, as well as Senior Counsel for International Tax Matters and Coordinator of the Swiss Bank Program Thomas J. Sawyer, Senior Litigation Counsel Nanette L. Davis and Attorney Kimberle E. Dodd of the Tax Division.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Jury Finds Storeowner and Felon Dealer Guilty of Conspiring to Distribute HeroinRead the Press Release
PITTSBURGH - After deliberating for three hours, a federal jury of four men and eight women found two Pittsburgh-area men guilty of five counts of drug and firearms related offenses, United States Attorney David J. Hickton announced today.
Richard Bush, 52, and Mayank Mishra, 35, were tried before United States District Judge Cathy Bissoon in Pittsburgh over the course of three weeks.
According to Assistant United States Attorney Brendan T. Conway and Donovan Cocas, who prosecuted the case, the evidence presented at trial established that Richard Bush supplied heroin to members of a violent street gang called the East Hills Bloods, who operated out of the East Hills section of Pittsburgh. A search warrant executed at his home on March 14, 2012, led to the seizure of more than 9,000 stamp bags of heroin and a cache of firearms, including a sawed-off shotgun, secreted throughout his home. Mishra participated in the heroin distribution conspiracy by supplying stamp bags and material used to dilute heroin to Bush and numerous other Pittsburgh area heroin dealers for more than a decade at his Rock America store, which was operated out of the Northway Mall. Search warrants executed at Rock America and at Mishra’s home on Feb. 26, 2013, led to the seizure of more than two million stamp bags, which, if filled with heroin, would have amounted to more than 75 kilograms of heroin. Federal agents also seized a vast inventory of materials used to dilute heroin and more than $900,000 in cash, which the jury forfeited to the United States as proceeds of his crimes.
Judge Bissoon scheduled sentencing hearings for both defendants on April 6, 2016. The law provides for a total sentence of life in prison for both defendants. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The Greater Pittsburgh Safe Streets Task Force conducted the investigation that led to the prosecution of Bush and Mishra. The Greater Pittsburgh Safe Streets Task Force consists of Pittsburgh Bureau of Police, Allegheny County Sheriff's Office, Wilkinsburg Police Department, Allegheny County Police Department, Oakdale Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Federal Bureau of Investigation. The Greater Pittsburgh Safe Streets Task Force also received assistance in this case from the Pennsylvania State Police.
Jury Convicts Utica Woman of Marriage FraudRead the Press Release
SYRACUSE, NEW YORK – Yesterday, a federal court jury convicted Zubeda Kalume, 42, of Utica, of entering into a fraudulent marriage for the purpose of allowing a Gambian man to unlawfully remain in the United States, announced United States Attorney Richard S. Hartunian and Brian Devine, Resident Agent in Charge, Homeland Security Investigations, Syracuse Office. Kalume is a naturalized U.S. citizen originally from the Congo. The jury reached its verdict following a four day trial.
United States Attorney Richard S. Hartunian said: "United States citizenship is not for sale. People who commit marriage fraud damage the integrity of our immigration system. We are committed to enforcing these laws to ensure that those who abuse the process do not cause harm or jeopardize the opportunities for lawful immigration."
"Marriage fraud is a federal crime and unfortunately one that is all too common," said Brian Devine, resident agent in charge for Homeland Security Investigations in Syracuse. "Schemes like this not only damage the integrity of America’s legal immigration system, but they could also be exploited by individuals who pose a significant risk to our nation's security. We applaud the U.S. Attorney's office for pursuing these violations vigorously and thank our federal partners at the U.S. Department of Agriculture for their instrumental efforts throughout the course of this investigation."
The evidence at trial that established Kalume and Alieu Jaiteh, 32, a citizen of The Gambia, were married in Dewitt, New York in October 2009. Jaiteh, who had entered the country on an F-1 student visa, violated its terms and was in the United States illegally at the time of the marriage. Kalume agreed to marry Jaiteh for $10,000 and later assisted him in getting temporary legal immigration status. Jaiteh, who resides in Syracuse, was himself convicted for conspiring from 2009 to 2012 to commit more than $1.7 million in federal food stamp fraud and was sentenced to 18 months in prison in April 2015.
Zubeda Kalume faces a maximum of 5 years in prison, a 3 year term of supervised release, and a fine of up to $250,000 for her conviction for marriage fraud. Chief United States District Judge Glenn T. Suddaby has scheduled her sentencing for April 28, 2016 in Syracuse.
These convictions are the culmination of a joint investigation conducted by Special Agents from Homeland Security Investigations (HSI) and the U.S. Department of Agriculture’s Office of the Inspector General and the investigative component of U.S. Immigration and Customs Enforcement, and prosecuted by the U.S. Attorney’s Office for the Northern District of New York in Syracuse. Substantial assistance was also provided throughout the investigation by the Onondaga County Department of Social Services’ Welfare Fraud Unit, Oneida County Social Services, and the New York State Police. The case was prosecuted by Assistant U. S. Attorney Geoffrey Brown.