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11 February 2016
Federal Jury Convicts Smith County Man of Drug ChargesRead the Press Release
TYLER, Texas – A 23-year-old Tyler, Texas man has been convicted of drug trafficking charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Jose Maldonado Barragan was found guilty by a jury on Feb. 10, 2016, of conspiracy to possess with intent to distribute methamphetamine, aiding and abetting, possession with intent to distribute methamphetamine, possession of a firearm while illegally in the United States, and possession of a firearm during a drug trafficking crime. The jury deliberated less than two hours before reaching a verdict following a three-day trial before U.S. District Judge Michael H. Schneider.
According to information presented in court, the Defendant supplied methamphetamine for several months in the spring of 2014. An eight ounce seizure occurred in Palestine, Texas on Mar. 31, 2014 which was later tied to the Defendant. Additionally, a four pound seizure occurred on May 12, 2014 in Tyler, Texas. The Defendant’s fingerprints were later found on the packaging. Barragan was indicted by a federal grand jury on Oct. 28, 2015.
Barragan faces a minimum of 10 years and up to life in federal prison. The maximum statutory sentence prescribed by Congress and is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Texas Department of Public Safety and the Anderson County Sheriff’s Office and was prosecuted by Assistant U.S. Attorneys Mary Ann Cozby and Ryan Locker.
Federal Jury Convicts Milwaukee Man of Transporting a Minor to Illinois from Wisconsin to Engage in ProstitutionRead the Press Release
CHICAGO — A Milwaukee man was convicted in federal court today of transporting an underage girl to the Chicago area from Wisconsin to engage in prostitution.
DAJUAN KEY, 32, brought the girl to the Chicago area from Madison, Wisc., in September 2013. At the time, the victim was 15 years old. Once in the Chicago area, Key forced the girl to engage in commercial sex acts, with Key keeping all of the money.
After a three-day trial in federal court in Chicago, the jury convicted Key on one count of knowingly transporting a minor from Wisconsin to Illinois to engage in prostitution. The conviction is punishable by a mandatory minimum of ten years and a maximum of life in prison.
U.S. District Judge Virginia M. Kendall scheduled a sentencing hearing for May 23, 2016, at 10:00 a.m.
Evidence at Key’s trial revealed that Key encountered a minor online and travelled to Madison to pick her up and bring her to southwest suburban Romeoville. Key took photographs of the girl, provided her with lingerie to wear, and posted advertisements on the website Backpage.com. Key rented multiple hotel rooms that were used for encounters with individuals who responded to the advertisements. Key then collected all of the money earned by the minor victim.
The victim was rescued by officers of the Romeoville Police Department on Sept. 10, 2013, and Key was arrested.
The conviction was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation. The Romeoville Police Department provided assistance.
The investigation was conducted by the FBI’s Child Exploitation Task Force. The CETF is part of a nationwide effort known as the Innocence Lost National Initiative targeting the commercial sexual exploitation of children in the United States. In Chicago, the CETF is composed of FBI special agents and investigators from the Chicago Police Department, the Cook County Sheriff’s Office, and the Cook County State’s Attorney’s Office.
The government is represented by Assistant United States Attorneys Katherine Sawyer and Christopher V. Parente.
Federal Inmate who Orchestrated Stolen Check Scheme from Prison Sentenced to Another 9+ Years in Multi-Million Dollar Fraud CaseRead the Press Release
LOS ANGELES – A former Las Vegas resident who was incarcerated in the federal prison in Victorville while he oversaw a scheme to obtain and cash stolen checks has been sentenced to another 110 months in prison for conspiring to commit bank fraud.
Kingsley Osemwengie, 30, was sentenced Monday by United States District Judge R. Gary Klausner for orchestrating a fraud ring that attempted to negotiate millions of dollars in Los Angeles County warrants – which are essentially checks issued by the municipality – that had been stolen by a corrupt postal employee.
The corrupt postal employee – Sabrina Pittman, 44, a resident of Watts – pleaded guilty on Monday before Judge Klausner to conspiring to commit bank fraud.
Osemwengie pleaded guilty in November in relation to an indictment that also charged his brother, Nelson Osemwengie, and two other defendants. The other three defendants have pleaded guilty and are pending sentencing before Judge Klausner.
Members of the conspiracy recruited dozens of bank customers who were willing to provide their ATM cards and access to their accounts in exchange for a share of the proceeds. The warrants were altered to change the name of payees to the names of the recruited account holders. The warrants were deposited into the bank accounts, and members of the conspiracy withdrew as much money as they could before the banks learned the warrants had been fraudulently deposited.
When Osemwengie pleaded guilty, he specifically admitted that a stolen Los Angeles County warrant for $729,340 was deposited into an account at Bank of America in 2014. Other federally-insured financial institutions that suffered losses included Chase Bank, Navy Federal Credit Union and Wells Fargo Bank.
“This scheme sought to victimize county taxpayers and banks insured by the United States," said United States Attorney Eileen M. Decker. "This crime warranted extending the term of imprisonment by more than nine years.”
The court found that Osemwengie’s scheme attempted to cause losses of more than $1.5 million, which represents the face value of the checks that were fraudulently deposited. However, authorities are continuing to assemble information related to losses in this case. Judge Klausner scheduled a restitution hearing for April 11, at which time he will determine the victims’ actual losses, and Osemwengie will be ordered to repay victims.
The investigation in this case also revealed that co-conspirators attempted to use a drone to smuggle a cell phone into the prison yard at the Federal Correctional Institute in Victorville. The attempt was unsuccessful.
While incarcerated at FCI Victorville, Osemwengie was serving a 172-year sentence for trafficking in prescription narcotics.
Pittman is scheduled to be sentenced by Judge Klausner on May 9.
The bank fraud case against Osemwengie was investigated by the United States Postal Inspection Service. The Henderson (Nevada) Police Department, the Los Angeles Office of County Investigations, the United States Bureau of Prisons and the U.S. Postal Service’s Office of Inspector General provided substantial assistance.
Federal Gun Charge Brought Against Burlington Man with History of Violating Abuse Prevention OrdersRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury has returned an indictment charging Mark Caron, 52, of Burlington, with possessing a firearm after having been convicted of a felony offense, in this case six felony offenses. The indictment charges that three of the defendant’s six prior felony offenses were violations of state abuse prevention orders.
According to the Government’s allegations, on September 7, 2015, Caron went to the Swanton, Vermont residence of a friend of Caron’s ex-girl-friend’s and accused the friend of having contact with Caron’s ex-girlfriend. The Government alleges that Caron then threatened to shoot this man while Caron was brandishing a firearm.
Caron has pled not guilty to the offense. Magistrate-Judge John Conroy granted the Government’s motion for detention on the grounds that Caron presented a danger to the community. Accordingly, Caron is now in the custody of the U.S. Marshals Service and being held without bail.
U.S. Attorney Eric Miller noted that this prosecution is part of the U.S. Attorney’s Office’s renewed commitment to assist state law enforcement authorities in pursuing federal charges, when appropriate, against individuals that pose a risk of domestic violence.
The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. If he is convicted, Caron faces a maximum possible term of imprisonment of ten years.
This case is being investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and the Swanton Police Department. The United States is represented by Joe Perella and Caron is represented by Steven Barth, Esq. of the Federal Public Defender’s Office.
Fayetteville Man Sentenced to 18 Years for Robbery, Carjacking, & Firearm OffensesRead the Press Release
GREENVILLE – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court yesterday, Senior United States District Judge Malcolm J. Howard, sentenced JAMAAL EUGENE EVANS, 23, of Fayetteville, North Carolina, to 216 months imprisonment followed by 5 years of supervised release.
On November 19, 2015, EVANS pled guilty to robbery of a business engaged in interstate commerce, carjacking resulting in serious bodily injury, and discharging a firearm during and in relation to a crime of violence.
On July 31, 2013, EVANS telephoned a friend and asked for a ride. EVANS instructed the driver to proceed to a vacant church parking lot, which was a different location from where EVANS initially requested to go. EVANS displayed a firearm and told the victim to exit the vehicle. The victim complied with the defendant’s instructions. EVANS then shot the victim in each leg and fled the scene in the victim’s vehicle. The victim, who suffered a fracture to his left femur, crawled to a road to flag down assistance. He was later transported to the hospital for emergency medical treatment.
According to the investigation, on January 14, 2014, EVANS robbed the RJ Tobacco Store in Fayetteville, North Carolina at gun point. He took $475.00 in currency and merchandise.
During the robbery, EVANS did not wear gloves or a mask, and was caught on video. Officers from the Fayetteville Police Department responded to the scene and collected a water bottle that EVANS had brought to the counter. Subsequently, an expert was able to identify a latent print from the water bottle as EVANS’ print.
The criminal investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fayetteville Police Department, and the Cumberland County Sheriif’s Office. Assistant United States Attorneys Katherine Burnette and Carrie Randa handled the prosecution on behalf of the Eastern District of North Carolina.
Elk Grove Man Arrested, Charged for Adult Adoption Scheme to Defraud Undocumented ImmigrantsRead the Press Release
SACRAMENTO, Calif. — Helaman Hansen, 63, of Elk Grove, was arrested today after a federal grand jury returned a 13-count indictment charging him with conspiracy to commit mail fraud and wire fraud, 11 counts of mail fraud, and one count of wire fraud for operating a fraudulent adult-adoption program that targeted undocumented aliens, United States Attorney Benjamin B. Wagner announced.
According to court documents, between October 2012 and January 2016, Hansen and others used various entities such as Americans Helping America (AHA) to sell members of immigrant communities memberships in what he called a “Migration Program.” A central feature of the program was the fraudulent claim that immigrant adults could achieve U.S. citizenship by being legally adopted by an American citizen and completing a list of additional tasks. At first, memberships were sold for annual fees of $150, but that fee gradually grew and eventually was as high as $10,000.
According to the indictment, although some victims completed the adoption stage of the “Migration Program,” not one person obtained citizenship. As early as October 2012, Hansen had been informed by the U.S. Citizenship and Immigration Services that aliens adopted after their sixteenth birthdays could not obtain citizenship in the manner Hansen was promoting. Despite that notification, Hansen and his co-conspirators induced approximately 500 victims to pay more than $500,000 to join the fraudulent program.
“The indictment returned today alleges a particularly predatory and manipulative type of fraud that takes advantage of the hopes and dreams of undocumented immigrants to extract fees based on false promises,” stated U.S. Attorney Wagner. “The adoption of adult aliens is not a legitimate path to U.S. citizenship. While the charges against this defendant are only allegations at this point, no one should pay fees to anyone making false promises of citizenship through adult adoption.”
“This alleged crime victimized vulnerable, would-be immigrants seeking a legitimate pathway to U.S. citizenship. The victims trusted an individual who misrepresented the success of adult adoption in such matters,” said Special Agent in Charge Monica M. Miller of the Federal Bureau of Investigation’s Sacramento field office. “The Federal Bureau of Investigation is committed to work with its law enforcement partners to investigate and disrupt fraudulent schemes that exploit vulnerable people for financial gain.”
“It is very unfortunate that some in our communities would choose to misrepresent the American immigration system to deceive and hurt those who are trying only to make a better life for themselves and their families,” said Ryan L. Spradlin, special agent in charge for HSI San Francisco. “It is our entrusted duty to hold these criminals accountable for their actions – and so we shall.”
This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney André M. Espinosa is prosecuting the case.
If convicted, Hansen faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Victims are encouraged to call the FBI at 916-977-2479.
Domestic Violence Offender from Alamogordo Sentenced for Unlawful Possession of a FirearmRead the Press Release
ALBUQUERQUE – Orlando G. Lucero, III, 44, of Alamogordo, N.M., was sentenced today in federal court in Las Cruces, N.M., to three years of probation including eight months of home detention with location monitoring for violating the federal firearms laws.
Lucero was arrested on March 25, 2015, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition on Feb. 17, 2015 in Otero County, N.M. The criminal complaint alleged that Lucero was prohibited from possessing firearms or ammunition because of his conviction on a misdemeanor domestic violence charge.
Lucero was subsequently indicted on June 24, 2015. According to the indictment, Lucero was prohibited from possessing firearms or ammunition because he previously had been convicted of misdemeanor crimes of domestic violence, battery against a household member and aggravated assault against a household member with a deadly weapon, in the 12th Judicial District Court in Otero County.
On Aug. 21, 2015, Lucero pled guilty to the indictment and admitted that on Feb. 17, 2015, he was in possession of a firearm and approximately 167 rounds of ammunition. Lucero further admitted that at the time he was prohibited from possessing firearms and ammunition because of his prior convictions on domestic violence offenses.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Probation and Parole Division of the New Mexico Corrections Department and the New Mexico State Police. Assistant U.S. Attorney Maria Y. Armijo prosecuted the case.
Doctor Charged with Accepting Thousands of Dollars in Cash Bribes for Referrals to Lab CompaniesRead the Press Release
NEWARK, N.J. – A doctor with offices in Toms River, New Jersey, was indicted today for accepting thousands of dollars in cash bribes in exchange for referring his patients to two lab companies that performed blood and DNA testing, U.S. Attorney Paul J. Fishman announced.
Vincent Destasio, 54, of Toms River, was indicted by a federal grand jury in Newark on one count of conspiracy to accept cash bribes and two substantive counts of accepting cash bribes. The indictment was unsealed today. Destasio will be arraigned on a date to be determined.
According to the indictment and statements made in court:
Destasio, a doctor of osteopathic medicine, was paid cash kickbacks by two sales representatives (Daniel Gilman and Kenneth Robberson) who were partners operating PROMED, which was a marketing and sales company specializing in blood testing laboratories and DNA laboratory testing companies. Gilman and Robberson have both pleaded guilty to an information charging them with conspiracy to bribe a physician and are awaiting sentencing.
From March 2014 through May 2015, Gilman and Robberson solicited Destasio by paying him cash bribes for referring patient lab work to two separate laboratories for which Gilman and Robberson provided marketing and sales. One company (Company 1) was a blood testing laboratory company and the other was a DNA laboratory testing company (Company 2). Neither Company 1 nor Company 2 had any knowledge of or involvement in the kickback scheme.
Gilman and Robberson received monthly commission checks from the two companies for referrals, for 10 percent of the reimbursements paid to the companies by various payors, including Medicare. After receiving the commission checks from the two companies, Gilman and Robberson would identify the number of patients Destasio had referred and pay him a cash kickback based on those patients. Destasio was paid a total of approximately $25,000 in cash bribes for his referrals.
Destasio faces a statutory maximum prison sentence of five years on each count in the indictment and a maximum fine equal to the greatest of $250,000 or twice the gross gain or loss from the offense. He will also forfeit $25,000, if convicted.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Andrew Campi in Newark, and special agents of the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to today’s indictment.
The government is represented by Assistant U.S. Attorney Michael H. Robertson of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Fishman reorganized the health care fraud practice shortly after taking office, creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $635 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: John J. Bruno Jr., Esq., Rutherford, New Jersey
Dentist Pleads Guilty to Medicaid Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., dentist who formerly practiced at clinics in Springfield, Mo., and Mountain Grove, Mo., pleaded guilty in federal court today to his role in a conspiracy to collect more than $167,000 in fraudulent Medicaid payments for child patients of the clinics.
James R. Dye, 66, of Independence, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges him with health care fraud.
In his plea, Dye admitted to conspiring with two others, who operated clinics under the name All About Smiles and contracted with Dye to work at the All About Smiles dental clinics in Springfield and Mountain Grove. All About Smiles, which has now closed all of its clinics, also paid for the services of three other dentists; they are neither charged nor identified in court documents.
By pleading guilty today, Dye admitted that he and his co-conspirators purchased orthodontic appliances, known as Ortho-Tain, for approximately $50 each. The Ortho-Tain device, which Dye prescribed to child patients, was an orthodontic appliance designed to straighten teeth without braces. However, Dye and his co-conspirators billed each appliance to Medicaid as a speech aid prosthesis for approximately $695 (the maximum allowed).
Over a nearly five-year period, from Oct. 6, 2010, to Aug. 19, 2015, Dye and his co-conspirators submitted 241 claims, for which they received reimbursement of $675 to $695 per claim, for a total of $167,090. Dye was the performing provider on 218 claims totaling $151,105. The other dentists were responsible for the remaining amounts.
The Ortho-Tain orthodontic appliance is not a speech aid prosthesis, according to today’s plea agreement, and therefore should have been pre-certified by Medicaid and billed using a different orthodontic code. (A speech aid prosthesis was a maxillofacial prosthetic used to replace a missing part of a patient’s palate, or hole in the roof of the mouth, such as with a patient having a cleft palate. Medicaid did not require providers to obtain prior authorization for speech aid prostheses provided to eligible beneficiaries.)
Dye knew his patients did not qualify for and thus had not received prior authorization for orthodontic treatment, so he knew the Ortho-Tain products were not being billed and paid as orthodontic devices. Had officials administering Medicaid known the conspirators submitted claims for payment for orthodontic appliances that were represented to be speech aid prostheses, Medicaid would not have paid the conspirators’ claims.
Dye admitted that he and his co-conspirators knew Medicaid did not cover orthodontic services unless the Medicaid program’s requirements were met and they received pre-certification, which required review by a dentist/orthodontist employed by Medicaid. For that reason, the conspirators decided to bill the Ortho-Tain appliances as speech aid prostheses in order to bypass the pre-certification requirement.
The vast majority of the orthodontic appliances that Dye and co-conspirators billed as speech aid prostheses were Ortho-Tain orthodontic appliances, but they also billed other orthodontic appliances, such as retainers, as speech aid prostheses.
Under federal statutes, Dye is subject to a sentence of up to 10 years in federal prison without parole. Dye must forfeit $167,090, which was derived from the proceeds of the health care fraud scheme, to the government. 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. 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. Attorneys Steven M. Mohlhenrich and Cindi Woolery. It was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General, the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office and IRS-Criminal Investigation.
Deming Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Flavio Loya Moncada, 53, of Deming, N.M., pleaded guilty yesterday afternoon in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Moncada was arrested on March 11, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on March 6, 2015, in Doña Ana County, N.M., after Moncada attempted to sell approximately 235.1 grams of methamphetamine to an undercover law enforcement agent.
Moncada was subsequently charged in a four-count indictment with distributing methamphetamine on Jan. 10, 2015, Jan. 30, 2015, Feb. 14, 2015, and March 6, 2015. The crimes charged in the indictment took place in Doña Ana County. The indictment also included forfeiture allegations requiring Moncada to forfeit $10,600.00 to the United States.
During yesterday’s proceedings, Moncada pled guilty to the indictment and admitted selling a total of 450.4 grams of pure methamphetamine to an undercover law enforcement agent during four separate drug deals. More specifically, Moncada admitted selling the following quantities of methamphetamine to the undercover agent: 52 grams on Jan. 10, 2015; 92 grams on Jan. 30, 2015; 165 grams on Feb. 14, 2015; and 140 grams on March 6, 2015.
At sentencing, Moncada faces a mandatory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Moncada remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Convicted felon sentenced to 39 months in prison for possession of a firearmRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Shreveport man was sentenced to 39 months in prison for possessing a shotgun after he was previously convicted of a felony.
Jonathan Paul Bailey, 37, of Shreveport, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the July 22, 2015 guilty plea, agents with Louisiana Probation and Parole were attempting to execute an arrest warrant for another person at Bailey’s residence in Shreveport on March 24, 2015. Agents found a sawed-off 12 gauge shotgun and shells that belonged to Bailey. It was unlawful for Bailey to possess the firearm and ammunition because of his conviction in June of 2000 in the First Judicial District Court in Caddo Parish for armed robbery in which a shotgun was used to rob three people in a restaurant.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm and to promote firearm safety.
The ATF and Louisiana Probation and Parole investigated the case. Assistant U.S. Attorney Robert W. Gillespie prosecuted the case.
Columbiana County woman accused of stealing $600,000 from her employerRead the Press Release
A Columbiana County woman was named in a 25-count indictment, accused of defrauding her employer out of more than $600,000 over seven years, said Carole S. Rendon, Acting United States Attorney for the Northern District of Ohio.
Sharon Ceasar, also known as Sharon Kay Miller, 48, of Hanoverton, was indicted on 25 counts of wire fraud.
Ceasar was working as the office manager for Foster Trucking & Leasing. In that capacity, she submitted the hours worked by employees, as well as miscellaneous expenses, to a payroll company that issued paychecks. Ceaser, without her employer’s knowledge, falsely stated the amount of overtime she worked, reporting as many 80 hours of overtime a week. She also falsely submitted for reimbursements from the company for expenses she never incurred, according to the indictment.
Ceasar defrauded the company of more than $600,000 from 2006 to 2013 as a result of this fraudulent scheme, according to the indictment.
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 violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
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.
This case is being prosecuted by Assistant U.S. Attorney Teresa L. Riley following an investigation by the United States Secret Service and the Columbiana County Sheriff’s Department.
Chicago Woman Arrested on Federal Weapons Charges for Giving a Loaded Gun to a Minor for Use in a MurderRead the Press Release
CHICAGO — A federal indictment unsealed today charges a Chicago woman with giving a loaded .38 Special revolver to a minor, knowing that the minor would use it to commit a violent crime.
VANDETTA REDWOOD, 34, is charged with one count of transferring a firearm to a juvenile while knowing that the juvenile intended to use it in a crime of violence, and one count of possession of a firearm within 1,000 feet of a school zone.
Special agents with the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and officers from the Chicago Police Department arrested Redwood this morning. She pleaded not guilty during her arraignment today before U.S. Magistrate Judge Maria Valdez. Redwood was ordered held in federal custody until a detention hearing on Feb. 16, 2016, before U.S. District Judge Amy J. St. Eve.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Jeffery Magee, Special Agent in Charge of the Chicago Field Division of ATF; and Chicago Police Interim Superintendent John Escalante.
“Prosecuting federal weapons laws is a top priority of our office,” said Mr. Fardon. “We will not hesitate to use every available federal tool to charge those responsible for furthering the cycle of violence in Chicago.”
“The circumstances of this case are tragic,” said Special Agent Magee. “ATF is committed to investigating firearms-related violent crime and ensuring those responsible are held accountable.”
“The Chicago Police Department is relentlessly focused on targeting guns and the offenders that use them to victimize our communities,” said Chicago Police Interim Superintendent John Escalante. “We will continue to use the full weight of our state and federal partners to send a very clear message that gun violence is not going to be tolerated on the streets of Chicago.”
According to the indictment, Redwood gave the loaded revolver to the minor on April 28, 2014. The indictment contends that Redwood knew the minor intended to use the gun to commit a crime of violence, namely first-degree murder and other firearm-related offenses. Redwood possessed the gun within 1,000 feet of two elementary schools on Chicago’s West Side – Oliver Wendell Holmes Elementary School and Visitation Catholic School, according to the indictment.
The charge of transferring a gun to a minor for use in a crime of violence carries a maximum sentence of ten years in prison. Possessing a gun within 1,000 feet of a school is punishable by up to five years.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant United States Attorney Michelle Nasser.
Indictment
Charges Allege Quakertown Business Owner Exploited the USDOT Disadvantaged Business ProgramRead the Press Release
PHILADELPHIA – Rajat K. Verma, 66, of Quakertown, PA, was charged by information with conspiracy in a fraud scheme involving the USDOT Disadvantaged Business Program and work performed on the federally funded George C. Platt Memorial Bridge Project, announced United States Attorney Zane David Memeger.
Verma is the president and sole owner of Vertech, a corporation in Quakertown that is currently certified as a Disadvantaged Business. In April 2011, PENNDOT awarded an approximately $42.7 million contract to perform structural steel painting and repairs on the George C. Platt Memorial Bridge in Philadelphia. The contract was awarded to a joint venture - “DE JV” – which is composed of Company D and Company E, neither of which is a certified disadvantaged business. During the bid process in March 2011, the DE JV submitted a commitment to PENNDOT to subcontract approximately $3.1 million in Disadvantaged Business work to Vertech to supply paint materials for that project. The DE JV, Company D, and Company E negotiated contracts for and ordered materials for the Platt Bridge Project directly with suppliers that were not Disadvantaged Businesses, and without the knowledge or involvement of Vertech. Vertech did not perform any commercially useful function, but allegedly acted as a mere pass-through or front, to give the appearance that disadvantaged business enterprise requirements had been met on the Platt Bridge Project. PENNDOT awarded approximately $1.97M in Disadvantaged Business credit to the DE JV during the course of the Platt Bridge Project based on Disadvantaged Business work allegedly performed by Vertech. It is alleged that DE JV paid Vertech 1.75% of the face value of the invoices processed by Vertech to act as a pass-through.
If convicted, Verma faces a statutory maximum sentence of 20 years in prison, a possible fine, supervised release and a $100 special assessment.
The case was investigated by the U.S. Department of Transportation Office of Inspector General, the FBI, the Department of Labor Office of Inspector General, the Environmental Protection Agency Criminal Investigation Division, Immigration and Customs Enforcement Homeland Security Investigations, and IRS Criminal Investigations. It is being prosecuted by Assistant United States Attorney Paul Shapiro.
An information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Charges Allege New Jersey Woman Exploited the USDOT Disadvantaged Business ProgramRead the Press Release
PHILADELPHIA - Joyce Abrams, 75, of Willingboro, NJ, was charged by Information with conspiracy to commit wire fraud in a scheme involving the USDOT Disadvantaged Business Program and work performed on the federally funded Girard Point Bridge project and at the federally funded 30th Street Station, announced United States Attorney Zane David Memeger.
Abrams was the president and sole owner of Markias, a now-defunct certified Disadvantage Business. The alleged scheme involved a joint venture, referred to in the charging information as the “AB JV,” composed of Company A and Company B, both of which are bridge painting contractors but neither of which are certified Disadvantaged Businesses in Pennsylvania.
In September 2009, PENNDOT awarded a contract for approximately $70.3M to a triventure that included the AB JV to perform structural steel painting and repairs, and concrete repairs, on the Girard Point Bridge in Philadelphia. As part of that award, the triventure made a commitment to PENNDOT to subcontract approximately $4.7M in Disadvantaged Business work to Markias to supply materials to be used in performing the contract. Under governing law, AB JV and the triventure were only entitled to Disadvantaged Business credit for worked performed by a Disadvantaged Business that was performing a commercially useful function. Instead, according to the information, the AB JV and Employee No. 1 ordered materials needed for their work on the Girard Point Project directly from suppliers that were not Disadvantaged Businesses, and used Markias as a mere pass-through or front, to give the appearance that disadvantaged business enterprise requirements had been met on the Girard Point Project when those requirements had in fact not been met. Markias did not perform a commercially useful function. PENNDOT awarded approximately $3.26M in Disadvantaged Business credit to Company A, Company B, and Company C during the course of the Girard Point Project based on Disadvantaged Business work allegedly performed by Markias.
In December 2010, PENNDOT awarded contract for approximately $50.8 million to a joint venture of Company C and Company F to perform structural steel painting and repairs and roadway reconstruction beneath and around AMTRAK’s 30th Street Train Station in Philadelphia. Company C and Company F entered into a subcontract, for approximately $15 million, for the AB JV to perform the structural steel painting beneath 30th Street Station. As part of the bid process, Company C and Company F committed to subcontract approximately $1.7M in Disadvantaged Business work to Markias to supply paint materials for the 30th Street Project. Instead, according to the information, the AB JV and Employee No. 1 ordered materials needed for their work on the 30th Station Project directly from suppliers that were not Disadvantaged Businesses, and used Markias as a mere pass-through or front, to give the appearance that disadvantaged business enterprise requirements had been met on the 30th Station Project when those requirements had in fact not been met. Markias did not perform a commercially useful function.
In addition, the information alleges that the AB JV and Employees No. 1 No. 2 ordered materials to be delivered to and used on out-of-state projects while directing that the purchase invoices be sent to Markias in New Jersey. Then, allegedly at the direction of AB JV and Employee No. 1, Joyce Abrams issued invoices that made it falsely appear that those supplies had been used on the 30th Street Project in Pennsylvania. The AB JV allegedly caused Company C and Company F to falsely report to PENNDOT that the supplies delivered to and used on the out-of-state projects qualified for Disadvantaged Business credit in Pennsylvania when those purchases did not so qualify. PENNDOT awarded approximately $1.275 million in Disadvantaged Business credit to Company C and Company F during the course of the 30th Street Station Project based on Disadvantaged Business work supposedly performed by disadvantaged business (Markias). AB JV paid Markias 2.25% of the face value of the invoices processed by Markias allegedly to act as a pass-through.
If convicted the defendant faces a statutory maximum sentence of 20 years in prison, a possible fine, supervised release, and a $100 special assessment.
The case was investigated by the U.S. Department of Transportation Office of Inspector General, the FBI, the Department of Labor Office of Inspector General, the Environmental Protection Agency Criminal Investigation Division, Immigration and Customs Enforcement Homeland Security Investigations, and IRS Criminal Investigations. It is being prosecuted by Assistant United States Attorney Paul Shapiro.
An information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Chambers County Woman Guilty of Federal Income Tax ViolationsRead the Press Release
BEAUMONT, Texas – A 43-year-old Hankamer, Texas woman has pleaded guilty to federal income tax violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Holly D. Kirkwood pleaded guilty to filing a false income tax return today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, beginning around January 2008 and continuing to 2011, Kirkwood was the office manager and bookkeeper for Rustbusters, a painting and sandblasting corporation, based in Humble, Texas. As part of her job responsibilities Kirkwood submitted forms to Employers One Source Group (EOSG), an employee staff leasing and payroll company, for reimbursement of expenses incurred by employees of Rustbusters. EOSG prepared and issued reimbursement checks to employees for expenses incurred by the employees of Rustbusters. In 2008, Kirkwood began submitting reimbursement forms to EOSG for the purchase of sand and grit purportedly made by her and used by the company in its operations, when in fact no such purchases had been made. This fraudulent reimbursement scheme continued through early 2011during which she received numerous reimbursement checks totaling $567,332.00 in 2008, $713,474.00 in 2009, and $671,014.00 in 2010. Because of the large increase in Rustbuster’s business during peak oil drilling years the excess reimbursements were not discovered until a forensic audit was conducted by a CPA firm. Kirkwood failed to report on her individual income tax returns for 2008 -2010 the additional unauthorized reimbursements monies received during those years instead reporting only her normal W-2 wages. Her tax returns were prepared in Orange, Texas. The additional tax due and owing for the 2008-2010 years is $209,831 in 2008, $249,766 in 2009, $219,971 in 2010, and $4,796 in 2011, totaling $684,364.
Kirkwood agreed to pay criminal restitution to the Internal Revenue Service and remains civilly liable for all penalties and interest. Under federal statutes, Kirkwood faces up to three years in federal prison. The maximum statutory sentence prescribed by Congress and is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Internal Revenue Service, Criminal Investigations Division and prosecuted by Assistant U.S. Attorney Robert L. Rawls.
Carlsbad Man Pleads Guilty to Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Johnny Joe Crowley, 50, of Carlsbad, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating federal narcotics trafficking and firearms laws. Under the terms of his plea agreement, Crowley will be sentenced within the range of 84 to 96 months in federal prison followed by a term of supervised release to be determined by the court.
Crowley was arrested on July 28, 2015, on a criminal complaint charging him with being a felon in possession of a firearm in Eddy County, N.M., on March 10, 2015. On that day, the Pecos Valley Drug Task Force (PVDTF) executed a search warrant at Crowley’s residence and seized approximately $3,248.00 in cash, a loaded handgun, ammunition and approximately 13.75 grams of methamphetamine.
Crowley was subsequently indicted on Dec. 9, 2015, and charged with possession of methamphetamine with intent to distribute and being a felon in possession of firearms and ammunition. At the time, Crowley was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including aggravated assault, receiving stolen property, distribution of methamphetamine, criminal damage to property, failure to appear, felon in possession of a firearm, escape from custody of a peace officer and conspiracy.
During today’s change of plea hearing, Crowley pled guilty to the indictment and admitted that on March 10, 2015, he possessed 14 grams of methamphetamine and a handgun. Crowley acknowledged that he was prohibited from possessing firearms because of his status as a convicted felon.
Crowley remains in federal custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force. Assistant U.S. Attorney Randy M. Castellano is prosecuting the case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
California Man Pleads Guilty to Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Edgar Rodriguez, 26, of San Diego, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of his plea agreement, Rodriguez will be sentenced to 54 months in federal prison followed by a term of supervised release to be determined by the court.
Rodriguez was arrested in May 2015, and charged in a criminal complaint with possession of methamphetamine with intent to distribute on May 15, 2015, in Bernalillo County, N.M. According to the criminal complaint, on May 15, 2015, Homeland Security Investigations (HSI) agents executed a traffic stop on a vehicle driven by Rodriguez on Interstate 40. While searching Rodriguez’s vehicle, the agents found approximately 11 pounds of methamphetamine concealed in the vehicle. Rodriguez was indicted on the same charge on May 28, 2015.
During today’s proceedings, Rodriguez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Rodriguez admitted that on May 15, 2015, he consented to a search of his car during a traffic stop and that the officer conducting the search found the methamphetamine in the car.
Rodriguez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of HSI and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.
California Man Arrested, Charged for Adult Adoption Scheme to Defraud Undocumented ImmigrantsRead the Press Release
Americans Helping America Chamber of Commerce Promised Citizenship to Members of Its “Migration Program” for a Price
Helaman Hansen, 63, of Elk Grove, California, was arrested today after a federal grand jury returned a 13-count indictment charging him with conspiracy to commit mail fraud and wire fraud, 11 counts of mail fraud and one count of wire fraud for operating a fraudulent adult-adoption program that targeted undocumented aliens, U.S. Attorney Benjamin B. Wagner for the Eastern District of California announced.
According to court documents, between October 2012 and January 2016, Hansen and others used various entities such as Americans Helping America (AHA) to sell members of immigrant communities memberships in what he called a “Migration Program.” A central feature of the program was the fraudulent claim that immigrant adults could achieve U.S. citizenship by being legally adopted by an American citizen and completing a list of additional tasks. At first, memberships were sold for annual fees of $150, but that fee gradually grew and eventually was as high as $10,000.
“The indictment returned today alleges a particularly predatory and manipulative type of fraud that takes advantage of the hopes and dreams of undocumented immigrants to extract fees based on false promises,” said U.S. Attorney Wagner. “The adoption of adult aliens is not a legitimate path to U.S. citizenship. While the charges against this defendant are only allegations at this point, no one should pay fees to anyone making false promises of citizenship through adult adoption.”
“It is very unfortunate that some in our communities would choose to misrepresent the American immigration system to deceive and hurt those who are trying only to make a better life for themselves and their families,” said Special Agent in Charge Ryan L. Spradlin for Homeland Security Investigation’s (HSI) San Francisco Field Office. “It is our entrusted duty to hold these criminals accountable for their actions – and so we shall.”
According to the indictment, although some victims completed the adoption stage of the “Migration Program,” not one person obtained citizenship. As early as October 2012, Hansen had been informed by the U.S. Citizenship and Immigration Services that aliens adopted after their sixteenth birthdays could not obtain citizenship in the manner Hansen was promoting. Despite that notification, Hansen and his co-conspirators induced approximately 500 victims to pay more than $500,000 to join the fraudulent program.
This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Immigration and Customs Enforcement’s (ICE) HSI. Assistant U.S. Attorney André M. Espinosa is prosecuting the case.
If convicted, Hansen faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Victims are encouraged to call the FBI at 916-977-2479.
CEO and Investor Relations Representative of Revolutions Medical Corporation (RMCP) Indicted on Securities Fraud ChargesRead the Press Release
Contact Person: Beth Drake (803) 929-3000
Charleston, South Carolina ---- United States Attorney Bill Nettles stated today that Rondald L. Wheet, age 51, and Bryon Scott Key, age 45, both of Mount Pleasant, South Carolina, were charged in an indictment with Conspiracy to Commit Securities Fraud, a violation of Title 18, U. S. C. §1349; Securities Fraud, a violation of Title 18, U. S. C. §1348; Conspiracy to Defraud the United States, a violation of Title 18, U. S. C. §371; and False Statement, a violation of Title 18, U. S. C. §1001(a)(2). In addition, Bryon Scott Key was charged in the same indictment with two counts of Money Laundering, in violation of Title 18, U. S. C. §1956(a)(3)(B).
The indictment alleges that Rondald L. Wheet and Bryon Scott Key engaged in a scheme to cause Revolutions Medical Corporation (RMCP), a Nevada corporation with its principal office in Charleston, South Carolina, and whose common stock is publicly traded and registered with the Securities and Exchange Commission (SEC) under Section 12 of the Securities Exchange Act of 1934, to fraudulently issue shares of RMCP stock. The indictment further alleges that Rondald L. Wheet, who was the Chairman and Chief Executive Officer (CEO) of RMCP, and Bryon Scott Key, who was the Investor Relations Representative and Assistant Sales Manager of RMCP, made false statements to the SEC concerning the issuance of those shares of stock and also interfered with and obstructed the lawful functions of the SEC.
In announcing the indictment, United States Attorney Bill Nettles said “[t]his district is applying significant resources to Securities and Exchange Commission cases. The mission of enforcing SEC cases is essential to a stable economy.”
The maximum penalty for Conspiracy to Commit Securities Fraud is 25 years imprisonment, the maximum penalty for Securities Fraud is 25 years imprisonment, the maximum penalty for Conspiracy to Defraud the United States is 5 years imprisonment, and the maximum penalty for False Statement is 5 years. Each count of Money Laundering carries a maximum penalty of 20 years.
The case was investigated by agents of the Federal Bureau of Investigation (FBI) and is assigned to Assistant United States Attorney Dean H. Secor of the Charleston office for prosecution.
Mr. Nettles stated that the charges in this Indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Brooklyn woman charged with stealing $60,000 from Social SecurityRead the Press Release
A federal grand jury indicted Margaret A. Hovan, 67, of Brooklyn, for theft of government funds, said Carole S. Rendon, Acting U.S. Attorney for the Northern District of Ohio.
The indictment alleges that Hovan fraudulently withdrew her deceased mother’s Title II Social Security Survivor’s benefits from May 2011 until December 2014, taking a total of $59,468 to which she was not entitled.
The Social Security Administration Office of Inspector General conducted the investigation. The case is being prosecuted by Special Assistant United States Attorney Lisa J. Sanniti.
If convicted, the court will determine the defendant’s sentence 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. In most cases, it will be less than the maximum.
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.
Augusta Man Sentenced to 30 Months for Bank FraudRead the Press Release
Contact: Jim Moore
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Jacob Choate, 27, of Augusta, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 30 months in prison and three years of supervised release for defrauding over a dozen banks and businesses by seeking to negotiate over $28,000 worth of washed, altered and counterfeit checks. Choate was also ordered to pay restitution to his victims.
Court records reveal that the investigation arose out of complaints made in July and August 2014 about checks stolen from the mail and the cashing of stolen checks. The investigation revealed that Choate presented numerous counterfeit and altered checks to banks in central and southern Maine. Video surveillance images from the banks depicted Choate cashing or attempting to cash the checks.Judge Woodcock noted that victims included eight banks, 16 payors and 11 payees. He stated that Choate’s role as a “check casher” in the bank fraud warranted a two-and-a-half year prison sentence because of his “unremitting degree of criminality since the age of 17 years.”
The investigation was conducted by the United States Postal Inspection Service as well as Augusta, Portland, Saco and Scarborough Police Departments.Attorney General Lynch to Travel to Los Angeles as Part of National Community Policing TourRead the Press Release
WASHINGTON – Attorney General Loretta E. Lynch will travel to Los Angeles in the coming months as part of her national Community Policing Tour.
In this phase, the Attorney General will visit six jurisdictions around the country that have excelled in each of the six pillars discussed in the President’s Task Force on 21st Century Policing final report: (1) Building Trust and Legitimacy; (2) Policy and Oversight; (3) Technology and Social Media; (4) Community Policing and Crime Reduction; (5) Officer Training and Education; and (6) Officer Safety and Wellness (see: Community Policing Tour). The stop in Los Angeles will highlight Pillar 3—Technology and Social Media.
The Attorney General is kicking off her tour THURSDAY, FEBRUARY 11, and FRIDAY, FEBRUARY 12, in Miami-Dade County, Florida, to highlight Pillar 1 – Building Trust and Legitimacy. In addition to Miami-Dade County and Los Angeles, Attorney General Lynch will also visit Portland, Oregon; Indianapolis, Indiana; Fayetteville, North Carolina; and Phoenix, Arizona
“One of my top priorities as Attorney General is strengthening relationships between law enforcement officers and the communities we serve and protect,” said Attorney General Loretta Lynch. “During the second phase of my community policing tour, I will be highlighting some of the innovative efforts underway around the country to build trust, foster cooperation, and enhance public safety. I look forward to meeting with law enforcement officers, local leaders, and residents in the weeks and months ahead to discuss how we can ensure that every American benefits from neighborhoods that are supportive, safe, and strong.”
United States Attorney Eileen M. Decker said she was extremely pleased that Los Angeles has been selected as one of the stops on the Attorney General’s community police tour. “We look forward to participating in the Attorney General’s visit to Los Angeles later this year,” Ms. Decker said. “Fostering relationships between police and the communities they serve is an important step in improving transparency and confidence in law enforcement."
The Attorney General’s national Community Policing Tour builds on President Obama’s commitment to engage with law enforcement and other members of the community to implement key recommendations from the President’s Task Force on 21st Century Policing final report. The first phase of the tour launched on May 19, 2015, in Cincinnati, Ohio, and also included visits to Birmingham, Alabama; Pittsburgh, Pennsylvania; East Haven, Connecticut; Seattle, Washington; and Richmond, California.
Attorney General Loretta E. Lynch Statement on Fatal Shooting of Two Law Enforcement Officials in Hartford County, MarylandRead the Press Release
Attorney General Loretta E. Lynch released the following statement regarding yesterday’s fatal shooting of Harford County, Maryland Senior Sheriff’s Deputies Mark Logsdon and Patrick Dailey:
“I am deeply saddened by the shooting in Harford County, Maryland, that took the lives of two long-serving sheriff’s deputies. This was an appalling and senseless crime, carried out against two dedicated guardians of the public. Losses like these are a tragic reminder of the dangers our public safety officers face every day – and the courage and commitment they routinely demonstrate in the fulfilment of their extraordinary charge. My thoughts and prayers – and those of my colleagues throughout the law enforcement community – are with the families and loved ones of our fallen friends.”
Arden, N.C. Man Sentenced to More Than Six Years in Prison for Federal Firearms ViolationRead the Press Release
ASHEVILLE, N.C. – Kenneth Dewayne Sherlin, a/k/a Richard Dale Lawrence, Jr., 32, of Arden, N.C. was sentenced in federal court today to 77 months in prison for a federal firearms violation, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidinger also sentenced Sherlin to three years of supervised release.
U.S. Attorney Rose is joined in making today’s announcement by C.J. Hyman, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Sheriff Van Duncan of the Buncombe County Sheriff’s Office.
According to filed court documents and today’s hearing, on or about October 10, 2014, a deputy with the Buncombe County Sheriff’s Office conducted a traffic stop of the car Sherlin was driving. During the traffic stop, law enforcement recovered three firearms from inside the vehicle, including a sawed-off shotgun, and ammunition. Law enforcement also discovered that Sherlin had an outstanding arrest warrant for carrying a concealed weapon. According to statements made in court today, Sherlin is prohibited from possessing a firearm due to prior convictions in North Carolina, including discharging a weapon into occupied property, two counts of robbery with a dangerous weapon, one count of second degree kidnapping, one count of conspiracy to commit robbery with a dangerous weapon and multiple breaking and entering and larceny convictions.
In June 2015, Sherlin pleaded guilty to one count of possession of an unregistered firearm, that being the sawed-off shotgun. He has been in federal custody since October 2014. He will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
The investigation was handled by ATF and the Buncombe County Sheriff’s office. The case was prosecuted by Assistant United States Attorney John Pritchard of the U.S. Attorney’s Office in Asheville.
Allegheny County Businessman Sentenced to 16 Months in Prison for Fraud SchemeRead the Press Release
PITTSBURGH – An Allegheny County businessman was sentenced today in federal court to sixteen months imprisonment, followed by two years of supervised release, restitution of $1,872,935 and a fine of $25,000, on his convictions of conspiracy to commit bank fraud and filing a false tax return, United States Attorney David J. Hickton announced today.
United States District Court Judge Arthur J. Schwab imposed sentence upon Joseph Nocito, Jr. of Sewickley, Pennsylvania.
According to information presented to the Court, Nocito knowingly and willfully conspired with other individuals to commit an offense against the United States, that is, bank fraud, in connection with Nocito’s purchase of the real property located in Longboat Key, Florida. Nocito purchased the property on July 27, 2007, with a mortgage loan from Washington Mutual Bank in the amount of $2,377,000. In loan documents submitted by Nocito to the bank, Nocito falsely represented that the purchase price of the property was $3,000,000 and that a $600,000 cash deposit had been made by or on behalf of Nocito toward the purported $3,000,000 sales price. As part of the conspiracy, $458,350 of the mortgage loan monies were paid to Nocito as kickbacks, without the knowledge or approval of Washington Mutual Bank.
Nocito also filed a false tax return for calendar year 2007 in which Nocito reported that his total adjusted gross income was $88,269, whereas, as he knew and believed, his correct total adjusted gross income was $529,619.
Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the United States Secret Service and the Internal Revenue Service, Criminal Investigation, for the investigation leading to the successful prosecution of Nocito.
Alleged Leader of Grape Street Crips Street Gang Charged in Connection with Four Murders, Three Attempted Murders as Part of Decades-Long Racketeering ConspiracyRead the Press Release
Three other alleged gang members arrested and charged federally
NEWARK, N.J. – The alleged long-time leader of the Grape Street Crips will appear in court today on charges linking him to four murders, three attempted murders, and numerous other crimes as part of a racketeering conspiracy, U.S. Attorney Paul J. Fishman announced.
Corey Hamlet, a/k/a “C-Blaze,” a/k/a “Blaze,” a/k/a “Blizzie,” a/k/a “Castor Troy,” 39, of Belleville, New Jersey, was charged today in a fourth superseding indictment with RICO conspiracy, violent crimes in aid of racketeering, aiding and abetting the use of firearms in furtherance of crimes of violence, witness tampering, robbery, extortion, and drug trafficking. Three other men, Sean L. Scott Sr., a/k/a “Ali Rock, 45; Keon Bethea, a/k/a “Fat Boy,” 33; and Jamil Harrison, a/k/a “L-Mel,” 32, all of Newark, were arrested today and charged by criminal complaint with distribution of heroin and crack-cocaine. The four defendants are scheduled to appear today before U.S. Magistrate Judge James B. Clark III in Newark federal court.
“Nine months ago we announced the arrests of more than 70 members – including the No. 2 and No. 3 highest ranking members – of the Grape Street Crips, a violent street gang we alleged controls much of the heroin trade in northern New Jersey,” U.S. Attorney Fishman said. “Today, we are announcing charges against Corey Hamlet, the leader of that organization, in an indictment that spells out his alleged role in at least four homicides and three attempted homicides in furtherance of his control of this drug trafficking organization. The people of Newark should not have to endure that kind of violence or the fear that it breeds. I am hopeful that these arrests will make the streets of this city safer.”
“The FBI’s mission at the beginning of this investigation was to significantly disrupt the Grape Street Crips criminal enterprise operating in Newark,” Andrew Campi, FBI-Newark Acting Special Agent in Charge, said. “The federal indictment and arrest of its leader, Corey Hamlet, has brought us closer to our ultimate goal of dismantling one of the most violent street gangs in the city. This investigation is a tremendous example of the positive impact law enforcement has on the community and when federal, county, and local authorities join together with a common purpose.”
“Today we have taken a very dangerous and violent person off the street,” Carl J. Kotowski, Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, said. “The people of Newark can be assured that the DEA will continue to pursue these violent predators.”
Hamlet’s indictment follows the coordinated takedown in May 2015 of 50 alleged members and associates of the Grape Street Crips, who were charged by criminal complaints with drug-trafficking, physical assaults, and witness intimidation. The charges – including today’s arrests – are the result of a long-running FBI and DEA investigation, in conjunction with the Essex County Prosecutor’s Office, the Newark Police Department and Essex County Sheriff’s Office Bureau of Narcotics.
According to documents filed in these cases and statements made in court:
Hamlet has allegedly served as the long-time leader of the New Jersey Grape Street Crips, even while serving prison sentences or being detained in federal or state correctional facilities. The New Jersey Grape Street Crips – a local set of a nationwide street gang founded in Los Angeles – engage in drug-trafficking and other criminal activities to enrich themselves and fellow gang members. In addition to these criminal activities, the gang’s rules provide that members must retaliate against individuals who cooperate with law enforcement. Gang members routinely engage in acts of intimidation and violence against witnesses, individuals who are believed to be cooperating with law enforcement, and law enforcement officers themselves. As the gang’s leader, Hamlet allegedly participated in and authorized acts of violence against rivals, suspected cooperating witnesses, and even fellow gang members who were perceived as being disloyal.
After completing a previous federal sentence, Hamlet and other gang members began to extort Victim One. After Victim One refused to pay the extortion demands, Hamlet targeted Victim One and associates of Victim One for violence. In early 2013, Hamlet authorized Corey Batts, 30, of Newark, and Tony Phillips, of Newark, to murder Victim Two, in part, because Hamlet believed that Victim Two, a member of the New Jersey Grape Street Crips, had grown too close to Victim One. On May 3, 2013, Batts and Phillips, acting on Hamlet’s orders, allegedly shot Victim Two repeatedly in the head and dumped the victim’s body on a Newark street.
In August 2013, Hamlet authorized Batts to murder Victim One. In October 2013, Hamlet met with Victim One at the Mall at Short Hills in Millburn, New Jersey, in a meeting that had been set-up by Victim Five, a member of the New Jersey Grape Street Crips who was a close associate of Victim One and who attempted to broker a truce between Hamlet and Victim One.
After the Short Hills meeting, Hamlet used a social media account to post a report from the Essex County Prosecutor’s Office purportedly indicating that Victim One had provided a statement to law enforcement. Just three days after Hamlet’s social media post, Batts and other gang members – acting on Hamlet’s orders – repeatedly shot and nearly killed Victim One and Victim Four, a bystander who was inside Victim One’s car.
Following the attempted murder of Victim One, Hamlet and other gang members perceived that Victim Five had been disloyal by attempting to put an end to the feud between Hamlet and Victim One. In November 2013, Aaron Terrell, 24, and Rashan Washington, 26, both of Newark, murdered Victim Five. Acting on Hamlet’s orders, Washington lured Victim Five into a Jeep Cherokee and then purposely left Victim Five alone, while Terrell shot Victim Five once in the head.
In November 2013, Hamlet allegedly told a conspirator that Victim Six, who was a relative of Victim One, had to be murdered. On March 3, 2014, Hamlet and another conspirator pulled up to a car being driven by Victim Six. Although Hamlet aimed a firearm at Victim Six and the car’s other occupants, Victim Six pulled off before any shots were fired. A short time later, however, Hamlet’s conspirator found Victim Six, and a car chase ensued. The chase concluded when Victim Six’s car crashed into other vehicles at Irvine Turner Boulevard and Spruce Street in Newark, and Hamlet’s conspirator fired numerous shots in the direction of Victim Six’s vehicle. Victim Six was shot and Victim Seven, a passenger in Victim Six’s car, was killed. Victim Eight, an innocent bystander who was a passenger in one of the vehicles crashed into at the intersection, was shot in the head and killed.
In addition to orchestrating these and other acts of violence, Hamlet conspired with other gang members to distribute 280 grams or more of crack-cocaine, conspired to distribute heroin, was involved in the extortion and robbery of other individuals, and threatened individuals whom he believed to be cooperating with law enforcement.
On each of the charges of RICO conspiracy, conspiracy to distribute crack-cocaine, and using firearms in furtherance of crimes of violence, Hamlet faces a maximum penalty of life in prison. The first count of using a firearm in furtherance of a crime of violence carries a mandatory minimum term of 10 years, while the second such count carries a mandatory minimum term of 25 years, which must be imposed consecutively to the first count. On the six counts of violent crimes in aid of racketeering, Hamlet faces terms of imprisonment ranging from three to 20 years.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Andrew Campi, and special agents of the DEA, under the direction of Special Agent in Charge Carl J. Kotowski, for the investigation leading to the charges. Fishman thanked prosecutors and detectives of the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Carolyn A. Murray; police officers and detectives of the Newark Police Department, under the direction of Director Anthony A. Ambrose; and the Essex County Sheriff’s Office under the direction of Armando B. Fontoura, for their work on the investigation. He also thanked officers assigned to the Safe Streets Task Force from the Orange and East Orange police departments and the Essex County Department of Corrections.
The government is represented by Assistant U.S. Attorneys Osmar J. Benvenuto and Barry A. Kamar of the OCDETF/Narcotics Unit of the Criminal Division in Newark.
This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and the FBI’s Safe Streets Task Force, a partnership, a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The charges and allegations contained in the federal criminal complaints and indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Albuquerque Felon Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Francisco Roberto Esquibel, Jr., 34, of Albuquerque, N.M., pleaded guilty today in federal court to unlawfully possessing a firearm and ammunition. The guilty plea was entered without the benefit of a plea agreement.
Esquibel was charged in a criminal complaint filed on June 11, 2015, with being a felon in possession of a firearm and ammunition. The complaint alleged that Esquibel unlawfully possessed a stolen firearm at his residence in Albuquerque on June 10, 2015. According to the complaint, the Albuquerque Police Department (APD) found the firearm while arresting Esquibel on an outstanding warrant.
Esquibel was subsequently indicted on July 31, 2015. According to the indictment, Esquibel was prohibited from possessing firearms or ammunition because he previously had been convicted of conspiracy to commit armed robbery, aggravated battery with a deadly weapon, felon in possession of a firearm, receiving or transferring a stolen motor vehicle, and possession of controlled substance with intent to distribute.
During today’s hearing, Esquibel pled guilty to the indictment. At sentencing Esquibel faces a maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard in prosecuting the case.
Albany Man Sentenced to 51 Months for Importing EthyloneRead the Press Release
ALBANY, NEW YORK - Damon J. Murray, age 28, of Albany, was sentenced today to 51 months in prison and 6 years of supervised release for importing the controlled substance ethylone into the United States.
The announcement was made by U.S. Attorney Richard S. Hartunian and James Spero, Special Agent in Charge for Immigration and Customs Enforcement, Homeland Security Investigations (HSI).
Ethylone, which is often used as a party drug, has been a controlled substance since March 2014.
On February 12, 2015, U.S. Customs and Border Protection Officers in Cincinnati, Ohio, intercepted a package that had been sent from China to the United States, and which was addressed to “Damon Murray LLC” at the defendant’s residential address in Albany. The package was found to contain about 400 grams of ethylone. On February 26, 2015, the defendant accepted and signed for the package. HSI Special Agents then arrested the defendant, who admitted ordering the ethylone from China and also previously selling ethylone to others, sometimes marketing it as “molly.”
This case was investigated by Homeland Security Investigations, with assistance from the Albany County Sheriff’s Office and U.S. Customs and Border Protection. The case was prosecuted by Assistant U.S. Attorney Michael Barnett.
Additional Occupiers in the Armed Takeover of the Malheur National Wildlife Refuge Scheduled to Make Initial Appearances on Federal Conspiracy ChargesRead the Press Release
PORTLAND, Ore – Billy J. Williams, United States Attorney for the District of Oregon, announced that nine additional individuals have been charged by federal indictment and seven have been arrested today in relation to the occupation of the Malheur National Wildlife Refuge in Burns, Oregon. The defendants, listed below are scheduled to make appearances in federal court, throughout six different states, today and tomorrow. Two of the defendants remain at large. Each defendant is charged in the indictment with one felony count of conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats.
The indictment charges the defendants below:
Blaine Cooper, 36, of Humboldt, Arizona
Wesley Kjar, 32, of Utah
Corey Lequieu, 44, of Fallon, Nevada
Neil Wampler, 68, of Los Osos, California
Jason Charles Blomgren, 41, of Murphy, North Carolina
Darryl William Thorn, 31, of Marysville, Washington
Eric Lee Flores, 22, of Tuallip Washington
All defendants are presumed innocent until proven guilty. See the indictment attached.
The case is being prosecuted by Assistant U.S. Attorneys Ethan Knight and Geoffrey Barrow.
50 Charged in Methamphetamine/Cocaine Distribution ConspiraciesRead the Press Release
DALLAS — Following an operation yesterday led by the FBI’s Fort Worth Violent Crime/Gang Task Force, 41 individuals are now in custody on federal drug distribution conspiracy charges, announced U.S. Attorney John Parker of the Northern District of Texas and Special Agent in Charge Thomas M. Class, Sr., of Dallas FBI.
Four federal criminal complaints, partially unsealed today, charge a total of 50 individuals with conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and/or 500 grams or more of cocaine. Thirty-six of those defendants were arrested in yesterday’s operation, five were already in custody at various locations on unrelated state charges, and nine have not yet been arrested.
Several defendants have made their initial appearance in federal court in Dallas before U.S. Magistrate Judge Renee Toliver. All remain in custody. Several detention hearings will be held next week.
According to the affidavits filed with the complaints, the conspiracies began as early as September 2013 and August 2014. Throughout the investigation, substantial amounts of methamphetamine and cocaine, as well as cash and firearms, were seized from the drug trafficking organization (DTO) that was allegedly responsible for distributing hundreds of pounds of methamphetamine and kilograms of cocaine throughout the Dallas – Fort Worth metroplex.
A federal criminal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. The penalties for the charged offenses are not less than five years nor more than 40 years in federal prison and a $5 million fine.
The FBI’s Fort Worth Violent Crime/Gang Task Force, comprised of agents, investigators and police officers from the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Texas Department of Public Safety; the Arlington Police Department and the Fort Worth Police Department, is conducting the investigation. U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) and the Dallas, Garland, Grand Prairie, Irving and Mesquite Police Departments are assisting in the investigation.
Assistant U.S. Attorney Joshua Burgess is in charge of the prosecution.
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10 February 2016
Wilkes Barre Man Indicted for Heroin, Cocaine and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Wilkes-Barre man was indicted yesterday by a federal grand jury in Scranton on heroin, hydrocodone and cocaine possession, and firearm offenses.
According to United States Attorney Peter Smith, the indictment charges Andre Allen, age 25, with possessing with intent to distribute heroin, hydrocodone and cocaine in Wilkes-Barre in September 2015. The indictment also charges Allen with possessing multiple firearms in furtherance of his heroin, hydrocodone and cocaine trafficking activities.
The charges stem from a joint investigation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Wilkes-Barre Police Department in which the Wilkes-Barre Police Department executed a search warrant at Allen’s residence in Wilkes-Barre. From the residence, the police recovered four firearms, two of which were stolen, over 200 grams of marijuana, 31 grams of heroin, 33 grams of cocaine and other drug paraphernalia.
The investigation of these cases was conducted by the ATF, working in conjunction with the Wilkes-Barre Police Department. The prosecution is assigned to Assistant United States Attorney Evan Gotlob.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies
Allen faces a minimum of 5 years and up to a lifetime term of incarceration as well as fines totaling $1,500,000.
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.
Under the Federal Sentencing Guidelines, the Judge is 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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University of Alabama at Birmingham Enters Agreement with Justice Department to Improve Physical Access on CampusRead the Press Release
BIRMINGHAM -- U.S. Attorney Joyce White Vance today announced a comprehensive settlement agreement under the Americans with Disabilities Act with the University of Alabama at Birmingham to ensure equal access for individuals with disabilities to the university’s academic and general facilities. The agreement also established an innovative process for ADA complaints to be investigated or reviewed.
The agreement resolves a complaint filed by a UAB student who alleged that various buildings and parking lots on campus were inaccessible to individuals with mobility impairments, in violation of the ADA.
UAB worked jointly with the U.S. Department of Justice and the U.S. Attorney’s Office to address the complaint. Through the collaboration, the parties developed a pilot program designed to address alleged violations of the ADA at institutions of higher learning. As part of the pilot, UAB agreed to conduct architectural reviews of several academic and general facilities. The Justice Department provided support and trained UAB personnel to properly survey the university’s property for ADA compliance. Once UAB completes its architectural surveys, it will submit reports to the Justice Department for review.
“UAB should be commended for its quick response to the complaint of potential ADA violations and its willingness to work collaboratively with my office and DOJ to promptly address the problem and protect the rights of people with disabilities,” Vance said. “We welcome the use of this collaborative model, which avoids litigation costs and encourages efficient remedies for the people in our community.”
Title II of the ADA requires that public entities ensure that no qualified individual with a disability be excluded from participation in or be denied the benefits of services, programs or activities of a public entity, or be subjected to discrimination on the basis of that disability. In addition, Title II of the ADA requires, among other things, that no qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any public entity.
As a public entity, UAB is required to ensure that its facilities are readily accessible to individuals with disabilities. Public entities must also construct or alter any buildings or facilities in such a manner that those structures meet the requirements of Title II of the ADA.
U.S. Attorney’s Office Files Civil Lawsuit Against New Jersey Doctor, Two Companies for Submitting Bogus Claims to Federal Health Care ProgramsRead the Press Release
NEWARK, N.J. – U.S. Attorney Paul J. Fishman announced today that the government has filed a complaint against a Union County, New Jersey, doctor and his medical practice companies for knowingly submitting millions of dollars in false claims to Medicare and Medicaid for thousands of diagnostic tests that were never performed and for physical therapy services performed by unqualified personnel.
The civil complaint, filed today in Newark federal court, charges Dr. Labib E. Riachi, 47, of Westfield, New Jersey, and two companies that he owns and operates, Riachi, Inc. and Center for Advanced Pelvic Surgery, LLC, both based in Westfield, with violating the False Claims Act, among other illegal conduct.
According to the complaint:
The defendants routinely billed Medicare and Medicaid for anorectal manometry, an invasive diagnostic test, and electromyography, another diagnostic test, even though most of the tests were never performed. In addition, the defendants submitted claims to Medicare for physical therapy services that should not have been paid because they were not performed by a qualified therapist. This scheme resulted in millions of dollars of reimbursement that would not have been paid but for the defendants’ misconduct.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge Andrew Campi in Newark, and the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to the complaint.
The government is represented by Assistant U.S. Attorneys Bernard J. Cooney and Lucy Muzzy of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Newark.
U.S. Attorney Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $640 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: Bruce Levy Esq. and Larry Lustberg Esq., Newark
Two Sex Offenders Get Massive Sentences for Online Solicitation of a MinorRead the Press Release
CORPUS CHRISTI, Texas – Two men, already convicted sex offenders who resided in Corpus Christi, have both been sentenced for online solicitation of a minor in separate but similar cases, announced U.S. Attorney Kenneth Magidson. James Robert Kirkland, 48, and Taylor Alan Mills, 30, both pleaded guilty in December 2015.
Late today, Senior U.S. District Hayden Head to ordered Kirkland serve a total of 324 months in federal prison to immediately followed by a lifetime of supervised release. At the hearing, a Homeland Security Investigations (HSI) agent testified that in 1998, Kirkland was convicted in North Carolina for indecent liberties with a child and was required to register as a sex offender. In that case, Kirkland sexually assaulted an 10-year-old family member. In 2001, Kirkland was also convicted in federal court for bank robbery. The court also heard that Kirkland was on a federal supervised release for a 2010 failure to register as a sex offender conviction when he was arrested on the online solicitation of a minor case. The court revoked that term and ordered he serve 24 months on that charge which will be served consecutively to the 300-month sentence for the current solicitation of a minor conviction, resulting in a total term of 324 months in federal prison.
Earlier this week, Senor U.S. District Judge Janis Graham Jack ordered Mills to federal prison for a term of 25 years and must serve the rest of his life on supervised release. At that hearing, additional evidence was presented from an Aransas Pass Police Department detective who worked on his 2013 online solicitation of a minor case. According to testimony, Mills began having a conversation on a social media website with a 16-year-old girl in 2012. Mills eventually picked up the girl from school and exposed himself to her. He was convicted in state court in 2013 and required to register as a sex offender.
Both must also register as sex offenders.
At the time of their pleas, the court heard that in September 2015, FBI, Homeland Security Investigations (HSI) and the Corpus Christi Police Department - Internet Crimes Against Children Task Force (CCPD-ICAC) conducted a joint investigation targeting individuals involved in online solicitation of minors. Mills and Kirkland were both communicating with a person they believed was the mother of two minor female children – ages 14 and 11. In reality, they were actually talking to an undercover officer. Mills and Kirkland each made arrangements to meet and engage in sexual activity with the mother’s minor female children.
Both men were apprehended as they arrived at the designated meeting places. At the time of each man’s arrest, they both had several condoms with them and admitted to authorities that their intentions were to engage in sexual acts with the minor children.
Both men were arrested on the federal charges in September 2015 and have been in custody since that time where they will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
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."
Trenton Man Admits Intent to Distribute over 100 Grams of HeroinRead the Press Release
TRENTON, N.J. – A Trenton man who was found in possession of 143 grams of heroin and a loaded firearm pleaded guilty today to narcotics possession, U.S. Attorney Paul J. Fishman announced.
Dorian Brown, 36, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with possession with intent to distribute heroin.
According to documents filed in this case and statements made in court:
On June 4, 2014, Brown, who had been the target of an investigation led by detectives from the Mercer County Prosecutor’s Office, Special Investigations Unit, and officers from the Trenton Police Department, in cooperation with the U.S. Drug Enforcement Administration (DEA), was apprehended during the execution of search warrants on his car, as well as his Trenton home. Law enforcement seized approximately 130 grams of heroin from Brown’s home, where detectives also discovered a loaded semi-automatic handgun. An additional 13 grams of heroin was seized from Brown’s car.
The narcotics charge to which Brown pleaded guilty carries a maximum penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for May 17, 2016.
U.S. Attorney Fishman credited special agents of the DEA, under the direction of Special Agent in Charge Carl J. Kotowski, and detectives of the Mercer County Prosecutor’s Office, Special Investigations Unit, under the direction of Acting Prosecutor Angelo J. Onofri, with the investigation leading to today’s guilty plea. He also thanked officers of the Trenton Police Department under the direction of Police Director Ernest Parrey for their assistance.
The government is represented by Assistant U.S. Attorney Molly Lorber of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Brian P. Reilly, Esq., Assistant Federal Public Defender, Trenton
Tohono O’odham Man Receives 71 Month Sentence for Aggravated Assaults on the Tohono O’odham Indian NationRead the Press Release
TUCSON – Yesterday, Juan Joe Valenzuela, 22, of the Village of Cowlic, Tohono O’odham Indian Nation, was sentenced by U.S. District Judge Jennifer G. Zipps to 71 months’ imprisonment on three counts of assault with the use of a dangerous weapon and assault resulting in serious bodily injury to which he previously pleaded guilty. The defendant is a member of the Tohono O’odham Indian Nation.
Valenzuela stabbed a female in the leg with a pocket knife in an altercation and later stabbed and assaulted a man on the Tohono O’odham Indian Nation. Both victims are members of the Tohono O’odham Indian Nation.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Tohono O’odham Nation Police Department. The prosecution was handled by Raquel Arellano and Brian Decker, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBERS: CR-14-01517-TUC-JGZ
CR-15-00904-TUC-JGZ
RELEASE NUMBER: 2016-010_ Valenzuela
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Todd County Man Sentenced to 60 Months for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Todd County, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 8, 2016, by U.S. District Court Judge Roberto A. Lange.
Glenford Old Lodge, age 26, was sentenced to 60 months in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $149.50 restitution.
Old Lodge was indicted for Aggravated Sexual Abuse and Sexual Contact by a federal grand jury on April 14, 2015. He pled guilty to a superseding information charging Abusive Sexual Contact on November 17, 2015.
On or about April 6, 2014, Old Lodge went to the home of the victim in Mission, who was an acquaintance. He entered the victim’s home while she was asleep in her bed, and removed her pajama bottoms and touched her genitalia. The victim awoke and kicked and screamed at him, and he fled her home. She reported the matter to the local authorities and a tribal arrest warrant was issued for Old Lodge’s arrest.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Tim Maher and Kirk Albertson prosecuted the case.
Old Lodge is currently serving a sentence in an unrelated State case and will begin serving his Federal sentence once his State sentence is complete.
Thirteen Individuals Indicted in February Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the February 2016 Federal Grand Jury.
“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
CODY McCLENDON, age 35, of Tahlequah, Oklahoma
MICHAEL LINCOLN, age 39, of Tulsa, Oklahoma
AMBER CLAPHAN, age 33, of Stilwell, Oklahoma
DONALD TRAMMEL, age 40, of Tahlequah, Oklahoma
SAMANTHA SMITH, age 21, of Muskogee, Oklahoma
TERESA CHAGOLLA, age 54, of Tahlequah, Oklahoma
JACOB MASTERS, age 54, of Tulsa, Oklahoma
NATHAN GREEN, age 27, of Hulbert, Oklahoma
Drug Conspiracy
The Indictment alleges that from in or about June 2015 and continuing up to and including January 27, 2016, in the Eastern District of Oklahoma, the defendants, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and the Distribution of 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, and 50 grams of Methamphetamine (actual), a Schedule II Controlled Substance.
The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led, and coordinated by, the Office of the United States Attorney.
The charges are in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than Life imprisonment, a $10,000,000.00 fine or both.
Assistant United States Attorney Shannon Henson
DEAUNDRE DEANGELO CHATMAN, age 30, of Muskogee, Oklahoma
Felon In Possession Of Firearm
The Indictment alleges that on or about November 13, 2015, within the Eastern District of Oklahoma, the defendant, DEAUNDRE DEANGELO CHATMAN, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the Federal Bureau of Investigation Violent Crime Task Force.
The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable not more than 10 years imprisonment; up to a $250,000.00 fine or both.
Assistant United States Attorney Edward Snow; Special Assistant United States Attorney Shelly Harrison
DIXIE ANN MORPHIS, age 35, of Sayre, Oklahoma
Possession With Intent To Distribute Methamphetamine
Possession Of Firearm In Furtherance Of A Drug Trafficking Crime
Felon In Possession Of FirearmThe Indictment alleges that on or about December 5, 2015, in the Eastern District of Oklahoma, the defendant did knowingly possess with the intent to distribute more than 50 grams of methamphetamine and possessed a firearm in furtherance of a drug trafficking crime after having been convicted of a crime punishable by imprisonment for a term exceeding one year.
The charges arose from an investigation by the McAlester Police Department and the Drug Enforcement Administration Drug Task Force.
The charges are in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii), punishable by not more than 10 years imprisonment or more than Life; up to a $10,000,000.00 fine or both and Title 18, United States Code, Section 924(c)(1)(A), punishable by not less than 5 years imprisonment and up to Life; up to a $250,000.00 fine or both and Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine of up to $250,000.00 or both.
Assistant United States Attorney Timothy Hammer
SCOTT MATHEW REID, age 44, of Beverly, West Virginia
Fraud And False Statements Involving Aircraft Parts
ForfeitureThe Indictment alleges that between September 14, 2012, and November 19, 2012, the exact date unknown to the Grand Jury, in the Eastern District of Oklahoma and elsewhere, the defendant knowingly and with the intent to defraud made and used a materially false writing, entry, certification, document and record concerning aircraft parts in and affecting interstate commerce. In particular, the defendant made, caused to be made, and used false entries in a logbook regarding the left engine of a twin-engine, Beechcraft Baron aircraft that represented that the subject engine had received a major overhaul within an approximate period of the previous 300 hours of engine operation, when he knew in fact that no such major overhaul of the engine had occurred within an approximate period of the previous 1300 hours of engine operation.
The charge arose from an investigation by the Federal Bureau of Investigation and the Department of Transportation, Office of Inspector General.
The charges are in violation of Title 18, United States Code, Sections 38(a)(1)(C) and 38(b)(1), punishable by not more than 15 years imprisonment, up to a $500,000.00 fine or both.
Assistant United States Attorney Rob Wallace
HARVEY LEE STONE, age 52, of Ferris, Texas
Felon In Possession Of Firearm
The Indictment alleges that on or about January 23, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the Durant Police Department, the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.
The charge is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.
Assistant United States Attorney Dean Burris
EDWARD ROBERT SALDANA II, age 29, of Muldrow, Oklahoma
Felon In Possession Of Firearm
The Indictment alleges that on or about December 10, 2015 and January 5, 2016, within the Eastern District of Oklahoma, the defendant, EDWARD ROBERT SALDANA II, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, firearms, which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Sallisaw Police Department, the Sequoyah County Sheriff’s Department and the Drug Enforcement Administration.
The charges are in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.
Assistant United States Attorney Dean Burris
The City of Somerville Restores Reemployment Promotional Rights of Marine Corps ReservistRead the Press Release
BOSTON – The U.S. Attorney’s Office announced its settlement resolving claims that the City of Somerville violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to re-employ U.S. Marine Corps Reservist Sean Keane at the appropriate level of seniority following his multiple military deployments, including multiple tours in Afghanistan. USERRA protects the employment rights of service men and women returning to the civilian workforce after their military service. The law provides that returning service members must be restored to their civilian employment as if they had not been separated due to their military service. USERRA governs the reemployment process and prohibits employers from denying returning service members seniority or other employment rights or benefits due to their time away from the job while on military service.
Keane, a firefighter for the City of Somerville since 1989, was called to active duty military service from April 2, 2004 to September 25, 2013. Following his return, Keane took a lieutenant’s make-up promotional exam to replace the regular administration of the examination that he missed due to his deployment. Keane received the highest score on the test which placed him at the top of the promotional list, ahead of two firefighters who had previously been promoted in July 2013. When Keane was eventually promoted in October 2014, he requested that his promotion be effective as of July 2013, the date he would have been promoted had he not been away on military service. He was denied the July 2013 promotion date and, as a result, was deemed ineligible to take a make-up exam for a subsequent promotional opportunity, the captain’s position.
“Reservists who are called into active duty to serve their country make many sacrifices including time away from their jobs,” said United States Attorney Carmen M. Ortiz. “In applying USERRA’s protections, we seek to restore servicemembers to the promotions and pay they have rightfully earned. We are committed to ensuring that those who serve our country are not disadvantaged because of their military service, and are encouraged by the City’s swift action in fulfilling its legal obligations with respect to Mr. Keane.”
“The great sacrifice of Americans who serve in our Marine Corps should never be a detriment to their civilian careers,” said Acting Associate Attorney General Stuart Delery. “The Department of Justice is committed to protecting the rights of the men and women who serve in our Armed Forces and we will continue to hold employers who violate their rights accountable.”
“As a service member in Afghanistan, Sean Keane has served his country with admirable distinction, honor and integrity,” said Principal Deputy Assistant Attorney General Vanita Gupta for the Justice Department’s Civil Rights Division. “Courageous men and women like Lieutenant Keane, who answer America’s call to defend our freedom, deserve to reclaim their civilian jobs without undue impediment when they return home. We commend the state and local officials who worked cooperatively to resolve this claim under USERRA.”
Under the terms of the settlement agreement, the City of Somerville agree to pay more than $15,000 to Keane as back pay, and the Commonwealth will permit Keane to make-up the missed examination for promotion to captain. Based on his score, Keane will be as eligible for a promotion as others who took the examination on its initial schedule.
This case stems from a referral by the U.S. Department of Labor (DOL),following an investigation by the DOL’s Veterans’ Employment and Training Service (VETS), to the the U.S. Attorney’s Office for the District of Massachusetts and the Employment Litigation Section of the Department of Justice’s Civil Rights Division. The case was handled by Assistant U.S. Attorneys Jessica Driscoll and Jennifer Serafyn of Ortiz’s Civil Rights Unit, and Special Litigation Counsel Andrew Braniff and Trial Attorney Jeremy Monteiro of the Justice Department’s Civil Rights Division.
The protection of servicemembers’ rights is a priority for the U.S. Attorney’s Office. Additional information about USERRA can be found at www.usdoj.gov/crt/emp, www.servicemembers.gov and www.dol.gov/vets/programs/userra/main.htm.
Taos Pueblo Man Sentenced to Prison for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE—Julian Concha, 26, a member and resident of Taos Pueblo, N.M., was sentenced this morning in Santa Fe, N.M., to 37 months in prison followed by three years of supervised release for his federal assault conviction.
Concha was arrested on Feb. 13, 2015, on an indictment charging him with assault resulting in serious bodily injury and two counts of assault with a dangerous weapon. The indictment alleged that the crimes were committed on Jan 15, 2013, in Taos Pueblo in Taos County, N.M.
On Aug. 6, 2015, Concha pled guilty to a felony information charging him with assault resulting in serious bodily injury and assault by striking, beating or wounding. In entering the guilty plea, Concha admitted that on Jan. 15, 2013, he assaulted a woman by striking her on the face and head resulting in permanent damage to her left eye. He also admitted assaulting a man by striking, beating and wounding the man’s face and head.
This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Police Department. Assistant U.S. Attorneys Kristopher N. Houghton and Niki Tapia-Brito prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Tahlequah Man Ordered to Return $119,000.00 to Social SecurityRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that the United States District Court, after a non-jury trial, has entered judgment against JOHN DEFELICE of Tahlequah, Oklahoma, for $119,218.00, which represents a sum of Social Security benefits paid to Janet DeFelice, his mother, who went missing in northern California and has never been found. On June 1, 2007, Mrs.Defelice wandered off from her son’s home in Templeton, California, in the middle of the night. After a concerted search by her family and authorities, and the passing of five years, a certificate of death was issued for her by the State of California on June 1, 2012. During those five years the money was paid into an account jointly owned by Janet DeFelice and her son, John DeFelice, by the Social Security Administration. The Social Security Administration had not been notified that Mrs.DeFelice’s whereabouts were unknown.
This investigation that lead to this civil prosecution is an example of the work that various federal agencies, such as the Social Security Administration, do to prevent financial loss to the taxpayer through federal programs. Federal investigative agencies present the results of their efforts to the Department of Justice, usually through the appropriate United States Attorney’s office, to be prosecuted as Affirmative Civil Enforcement (ACE) matters. This case was a result of that effort to prevent financial loss and was prosecuted by the ACE Unit of the United States Attorney’s Office for the Eastern District of Oklahoma.
United States Attorney Mark Green stated: “It is Important that actions like this be brought and tried to the Court, if necessary, so that money mistakenly paid out from government programs such as Social Security is recovered.”
This case was a coordinated effort by the United States Attorney’s Office for the Eastern District of Oklahoma and the Office of the Inspector General of the United States Social Security Administration. The lawsuit is captioned United States of America v. John DeFelice, Case No. CIV-14-415-RAW (E.D. Okla.). Assistant United States Attorney Robert Gay Guthrie represented the United States.
Stockton Man Sentenced for Fraud in Auto Engine ScamRead the Press Release
SACRAMENTO, Calif. —John Steven Keplinger, 56, of Stockton, was sentenced today by United States District Judge Kimberly J. Mueller to two years and three months in prison and a $100,000 fine for mail fraud in connection with an auto engine scam, United States Attorney Benjamin B. Wagner announced.
On September 23, 2015, Keplinger pleaded guilty. The total estimated loss from the fraud is up to $470,000. A hearing for the final determination of restitution for the fraud victims is scheduled for March 30, 2016.
According to court documents, from 2010 to 2014, Keplinger carried out a fraud scheme by purporting to sell used auto engines from Japan, but failing to provide customers what he promised. Over 300 paying customers across 44 states and the District of Columbia were defrauded. Keplinger used three companies and websites to carry out the fraud scheme: Rising Sun Engines Inc. (www.risingsunengines.com), Shop 4 Engines LP (shop‑4‑engines.com), and Your Parts Manager (yourpartsmanager.com). Most of the time, Keplinger’s customers paid by check sent via UPS. After Keplinger accepted payment, he either sent no engine at all or sent the customer a defective engine obtained in the United States, often from a junkyard. United States Customs and Border Protection records indicate that Keplinger had stopped importing engines in 2007.
In August 2013, Keplinger faced legal action from the San Joaquin County District Attorney’s Office and he was ordered to stop conducting an auto parts sales business of any kind and to cease using any website to conduct such a business. Instead, Keplinger continued the fraud scheme well into 2014.
“John Keplinger defrauded hundreds of financially challenged individuals who struggled to afford engines to keep their cars running. He leveraged the Internet to victimize people across the United States,” said Assistant Special Agent in Charge Manuel Alvarez of the Federal Bureau of Investigation’s Sacramento field office. “We thank the U.S. Postal Inspection Service for their partnership in this investigation and both the San Joaquin County District Attorney’s Office and California Bureau of Automotive Repair for their assistance with the investigation.”
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated: “Postal Inspectors work closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for fraud schemes committed against the public.
This case was the product of an investigation by the Federal Bureau of Investigation and the United States Postal Inspection Service, with substantial assistance from the San Joaquin County District Attorney’s Office and the California Bureau of Automotive Repair. Assistant United States Attorney Christopher S. Hales prosecuted the case.
Statement from Head of the Civil Rights Division Vanita Gupta Regarding Ferguson, Missouri, City Council Vote on Proposed Consent DecreeRead the Press Release
Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, released the following statement regarding the Ferguson, Missouri, City Council vote on the proposed consent decree with the Department of Justice:
“The Ferguson City Council has attempted to unilaterally amend the negotiated agreement. Their vote to do so creates an unnecessary delay in the essential work to bring constitutional policing to the city, and marks an unfortunate outcome for concerned community members and Ferguson police officers. Both parties engaged in thoughtful negotiations over many months to create an agreement with cost-effective remedies that would ensure Ferguson brings policing and court practices in line with the Constitution. The agreement already negotiated by the department and the city will provide Ferguson residents a police department and municipal court that fully respects civil rights and operates free from racial discrimination.
“The Department of Justice will take the necessary legal actions to ensure that Ferguson’s policing and court practices comply with the Constitution and relevant federal laws.”
St. Croix Man Sentenced for Murder and Related Firearm OffensesRead the Press Release
St. Croix, USVI – Chief District Court Judge Wilma A. Lewis on February 9, 2016, sentenced Elvin Wrensford, 30, to 35 years in federal prison for federal firearm offenses, United States Attorney Ronald W. Sharpe announced. Additionally, the court imposed a sentence of life in prison without parole for first degree murder and 20 years in prison on a local firearms offense to be served after the federal sentences. Chief Judge Lewis also sentenced Wrensford to multiple terms of supervised release, pay a fine of $25,000.00, pay $6,360.00 in restitution, and pay a special assessment of $225.
After a two-week trial, on March 24, 2015, a federal jury on St. Croix convicted Wrensford and co-defendant, Craig Muller. Evidence presented at trial established that during the afternoon on May 10, 2012, the defendants argued with a male individual at Ben’s Car Wash in Estate Princesse. The defendants left and later returned to the car wash in a red truck. A second male, Gilbert Hendricks, Jr., walked out of the car wash, observed the defendants in the truck and began running. The defendants chased Hendricks while in the truck and Wrensford began firing at him. Hendricks fell to the ground and Wrensford continued to shoot at him. Hendricks died as a result of the gunshot wounds. The government established the identity of the shooter through eyewitness testimony and DNA evidence. Muller’s sentencing is set for February 11, 2016.
This case was investigated by the Virgin Islands Police Department. It was prosecuted by Assistant United States Attorneys Alphonso Andrews, Jr., and Rhonda Williams-Henry.
Sioux Falls Man Sentenced for Use of Interstate Facilities to Transmit Information About a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Use of Interstate Facilities to Transmit Information About a Minor was sentenced on February 8, 2016, by U.S. District Court Judge Karen E. Schreier.
Scott Robert Larson, age 30, was sentenced to 24 months in custody, 5 years of supervised release, and $100 to the Crime Victims Assistance Fund.
Larson was indicted for the charge by a federal grand jury on June 2, 2015. He pled guilty on November 18, 2015.
Larson responded to an advertisement on the Internet website of Backpage.com, which was part of a sting operation. Using his cell phone to send text messages, Larson agreed to meet at a location in Sioux Falls to have sex with a fictitious 15 year-old girl. Law enforcement officers arrested Larson after he left the scene. They found the cell phone used for the text messages, as well as cash and marijuana in his car.
This case was investigated by the South Dakota Internet Crimes Against Children (ICAC) task force. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Larson was ordered to self-surrender on February 29, 2016.
Sex Offender Sentenced for Failing to RegisterRead the Press Release
BOISE - Martin Daniel Atkins, 32, of Boise, Idaho, was sentenced today in United States District Court to 36 months in prison followed by five years of supervised release, for failing to register as a sex offender, and violating the terms of his supervised release, U.S. Attorney Wendy J. Olson announced. Atkins pleaded guilty to the charges on October 6, 2015.
According to the plea agreement, Atkins was convicted in May 2005, of sexual abuse of a minor in U.S. District Court. As a result of the conviction, Atkins was required to register and update his registration under the Sex Offender Registration and Notification Act (SORNA). Atkins was previously convicted of failing to register as a sex offender in Canyon County, Idaho in 2010, and in U.S. District Court in 2011 and 2013. After release from the Federal Bureau of Prisons in May of 2015, Atkins registered as a sex offender with the State of Idaho, listing his residence as a half-way house in Boise. He was also subject to federal supervised release. On June 5, 2015, Atkins moved to the Duck Valley Indian Reservation in Nevada. Upon moving from Boise, Atkins did not update his State of Idaho sex offender registration, nor did he notify his probation officer of his whereabouts. Atkins was arrested on July 2, 2015, by officers with the U.S. Department of the Interior, Bureau of Indian Affairs.
The case was investigated by the United States Marshals Service (USMS), the United States Probation Office, and the U.S. Department of the Interior, Bureau of Indian Affairs (BIA).
Martin Daniel Atkins was prosecuted for a violation of the Sex Offender Registration and Notification Act (SORNA) passed by Congress in 2006. The Act requires sex offenders to register and keep their registration current in each jurisdiction where they reside. Violations of SORNA can be prosecuted in federal court.
Rosebud Man Sentenced to 18 Months for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 8, 2016, by U.S. District Judge Roberto A. Lange.
Bradley Makes Room For Them, age 31, was sentenced to 18 months in custody, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.
Makes Room For Them was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 11, 2015. He pled guilty on December 22, 2015.
In September 2003, Makes Room For Them pled guilty to Aggravated Sexual Abuse. Between May 12, 2015, and July 17, 2015, Makes Room For Them, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Todd County.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie Sanderson prosecuted the case.
Makes Room For Them was immediately turned over to the custody of the U.S. Marshals Service.
Ringleader Pleads Guilty in Mid-Atlantic Oxycodone Trafficking CaseRead the Press Release
ALEXANDRIA, Va. – William Delonta Granberry, 37, of Hughesville, Maryland, pleaded guilty today to conspiracy to distribute oxycodone.
The plea follows a multi-year, multi-jurisdictional, and multi-agency Organized Crime Drug Enforcement Task Force (OCDETF) investigation designated “Operation Circuit Breaker.” Operation Circuit Breaker focuses upon the illegal procurement and sale of prescription pain medication across the mid-Atlantic region. Five other defendants are currently facing charges and eight defendants have pleaded guilty as part of the investigation to date.
In a statement of facts filed with the plea agreement, Granberry acknowledged that beginning in or around 2010, and continuing until December 2015, he fabricated prescriptions of oxycodone utilizing legitimate prescription paper delivered to his residence. He also admitted to fabricating the prescribing information of legitimate physicians obtained from the website DEANumber.com, and using primarily fictitious patient names. Granberry then recruited a network of co-conspirators who used individuals called “runners” to fill these fraudulent prescriptions at various pharmacies. After acquiring the fraudulently obtained oxycodone from his co-conspirators, Granberry distributed the oxycodone to other individuals for a high profit. Since approximately 2010, the criminal organization has fraudulently obtained approximately 65,000 oxycodone pills.
Granberry was charged by criminal complaint on Dec. 9, 2015, and faces a maximum penalty of 20 years in prison when sentenced on May 20, 2016. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only, as the sentencing of the defendant will be determined by the court based upon the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Washington Field Division; 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 Anthony J. Trenga. Special Assistant U.S. Attorneys Paul A. Hayden and Anna G. Kaminska, as well as Assistant U.S. Attorney Gene Rossi are prosecuting the case.
The U.S. Attorney thanked the Department of Defense–Office of the Inspector General, Loudoun County Sheriff’s Office, Charles County Sheriff’s Office, Calvert County Sheriff’s Office, Washington, D.C. Metropolitan Police Department, Virginia State Police, and the Pennsylvania Attorney General’s Office for their assistance in this matter.
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 Nos. 1:14-cr-284, 1:14-cr-340, 1:14-cr-389, 1:15-cr-29, 1:16-cr-16, 1:16-cr-26, and 1:16-cr-28.
Rigby Man Pleads Guilty to Bankruptcy FraudRead the Press Release
POCATELLO – Kim Thompson, 49, of Rigby, Idaho, pleaded guilty today in United States District Court to bankruptcy fraud, U.S. Attorney Wendy J. Olson announced. Thompson was charged by the U.S. Attorney’s Office on January 15, 2016.
According to the plea agreement, on October 14, 2010, defendant Kim Thompson filed bankruptcy in the United States Bankruptcy Court for the District of Idaho. As part of those proceedings, Thompson testified under oath at the meeting of creditors that he had no aircraft or accessories. Thompson subsequently admitted that he had purchased a Piper Arrow aircraft in 2009. He admitted that he lied under oath about his ownership of the plane and stated that he never transferred the registration or ownership documents into his name in order to conceal ownership of the airplane from the bankruptcy trustee. He further stated that he hoped to use the plane in a business after completion of the bankruptcy and was afraid he would lose the plane if he disclosed it to the trustee.
The charge of bankruptcy fraud is punishable by up to five years in prison, up to three years of supervised release, and a fine of up to $250,000.
Thompson is scheduled to be sentenced on May 20, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Internal Revenue Service.