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Thursday 17 December 2015
Cross Lanes couple prosecuted in Federal court for methamphetamine conspiracyRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes woman was sentenced today in federal court in Charleston, West Virginia, to three years and four months in federal prison for distributing methamphetamine with her husband, announced United States Attorney Booth Goodwin. Sherri Little, 41, previously pleaded guilty in April of 2015 to the federal drug charge. Matthew Little, 38, the husband of Sherri Little, previously pleaded guilty to conspiracy to distribute five grams or more of methamphetamine in May of 2015.
From early 2014 until December of that same year, Matthew Little admitted that he conspired to distribute methamphetamine with his wife, Sherri Little. Matthew Little further admitted that he and his wife would sell methamphetamine, either from their residence in Cross Lanes or at different locations throughout Cross Lanes. On September 9, 2014, Matthew Little told a confidential informant working with law enforcement to go to his home for a drug deal. Once the confidential informant arrived at the house, Sherri Little called her husband to confirm the details of the drug deal. After the conversation with her husband, Sherri Little sold methamphetamine to the confidential informant. Matthew Little is currently incarcerated, awaiting sentencing on his federal drug conspiracy charge.
The cases against Matthew and Sherri Little were investigated by the Metropolitan Drug Enforcement Network Team.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat illegal drugs in our communities, including the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and other drugs in communities across the Southern District.
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Convenience Store Owner Pleads Guilty to Conspiracy to Distribute SpiceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Adel Abdullah, 32, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, controlled substance analogues, before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the conspiracy involved the sale of synthetic cannabinoids, also known as “spice,” at the Speedy Market, a convenience store at 1799 Genesee Street in Buffalo in 2011 and 2012. Abdullah owned and operated the store. The defendant regularly ordered shipments of the spice from sources across the country. Abdullah and his clerks then sold the spice as potpourri not for human consumption, yet gave customers complimentary cigars as rolling paper to smoke the spice.
By 2012, spice and the myriad chemicals used to approximate its marijuana effect were becoming a major public health hazard. In April 2012, an Erie County health inspector served an order on Abdullah’s store from the New York State Department of Health banning the sale of spice. Yet in May 2012, the store still sold spice and agents still found stockpiles of synthetic cannabinoids and packaging material at the store and at Abdullah’s home. Agents also recovered a package containing 2400 vials of synthetic cannabinoids, invoiced by a New Mexico supplier on May 15, 2012. According to invoices and other records in the case, some of what was being sold at Abdullah’s store for $10 per vial or packet only cost him $2.50.
The plea is the culmination of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for April 6, 2016, at 2:00 p.m. before Judge Skretny.
Cleveland one of six cities selected for federal team to combat human traffickingRead the Press Release
U.S. Attorney Steven M. Dettelbach today announced the selection of the Northern District of Ohio as one of only six federal districts designated to participate in the Anti-Trafficking Coordination Team (ACTeam) Initiative, an interagency federal law enforcement initiative aimed at streamlining the investigation and prosecution of federal human trafficking offenses.
“This designation will allow us to build on our success here in Northern Ohio by devoting more resources to investigating and prosecuting human trafficking,” Dettelbach said. “The cases we have prosecuted remind us time and again that labor trafficking and sex trafficking hide in plain sight.”
“Human trafficking violates the rights of the most vulnerable in our community,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “The FBI aggressively pursues justice for these victims and this initiative will help us investigate these cases.”
Dettelbach’s announcement follows the joint announcement of Attorney General Loretta E. Lynch, Secretary of Homeland Security Jeh Johnson, and Secretary of Labor Thomas E. Perez earlier today designating the following cities as Phase II ACTeam sites: Cleveland, Ohio; Minneapolis, Minnesota; Newark, New Jersey; Portland, Maine; Portland, Oregon; and Sacramento, California.
The sites were selected by unanimous interagency consensus of the Federal Enforcement Working Group, comprised of national anti-trafficking experts of the Department of Justice, Civil Rights Division’s Human Trafficking Prosecution Unit, the Executive Office of United States Attorneys, the Federal Bureau of Investigation, the Department of Homeland Security’s Immigration and Customs Enforcement, and the Department of Labor’s Wage and Hour Division and Office of the Inspector General.
ACTeams are aimed at developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking, and sex trafficking of adults by force, fraud, and coercion, complementing Project Safe Childhood and related efforts aimed at combating child sexual exploitation, including child sex trafficking. ACTeams bring together federal prosecutors and federal agents from multiple federal investigative agencies to develop and implement proactive anti-trafficking case identification, investigation, and prosecution strategies in close coordination with one another and with national anti-trafficking subject matter experts.
Nearly 50 people have been indicted in federal court in the Northern District of Ohio for human trafficking and related offenses since 2010. Among them:
U.S. v. Callahan, et al.: Jessica Hunt is serving 32 years in prison and Jordie Callahan is serving 30 years in prison after a jury convicted them of abusing a developmentally impaired woman in Ashland. The adult victim and her toddler were forced to live in a squalid basement without a bathroom or running water. They were only permitted to come upstairs when the adult victim was ordered to clean and do chores around the home.
U.S. v. Mack, et al.: Jeremy Mack is serving life in prison for forcing – through violence, threats and coercion -- girls to engage in commercial sex acts for his benefit. Mack would not permit the girls to leave the house unescorted (with few exceptions) and terrorized them with firearms.
U.S. v. Robinson, et al.: Brandon Robinson was sentenced to eight years in prison after forcing a 14 year-old runaway to provide sexual services at truck stops along I-75 in Ohio.
U.S. v. Tutstone: Eric Tutstone was sentenced to more than 11 years in prison for attempting to sell a 16-year-old girl for $300 to a woman he believed was a “madam.” Tutstone arranged for the “sale” to take place at a Starbucks in downtown Cleveland.
During Phase I of the ACTeam Initiative, Phase I Pilot ACTeams were convened in Atlanta, Georgia; El Paso, Texas; Kansas City, Missouri; Los Angeles, California; Memphis, Tennessee; and Miami, Florida. Phase I proved highly successful, with ACTeam Districts collectively increasing prosecutions by 119 percent, compared to 35 percent nationwide during the same two-year period.
Based on the outstanding results of Phase I, Attorney General Lynch, Secretary of Homeland Security Johnson, and Secretary of Labor Perez launched Phase II on June 25, 2015 by soliciting joint applications from United States Attorneys’ Offices and their federal law enforcement partners nationwide.
“Human trafficking robs victims of their liberty, exploits them for labor and for sex, and infringes not only on their rights, but on their essential humanity,” said Attorney General Loretta Lynch. “Through the ACTeam Initiative, we are harnessing resources across the federal government to ensure that our multi-agency fight against human trafficking is as comprehensive and effective as possible. In the days and months ahead, the Department of Justice will continue to work alongside our federal partners to prosecute wrongdoing, support survivors, and bring this devastating crime to an end.”
“The Anti-Trafficking Coordination Team (ACTeam) Initiative is an important tool in our collective ability to combat sex trafficking, forced labor and domestic servitude here in the United States,” said Secretary Jeh C. Johnson of Homeland Security. “It highlights our commitment to increase capacity to rescue victims and bring perpetrators of these terrible crimes to justice. Our collective efforts are amplified when we work together in furtherance of shared missions like this. And, through DHS’s Blue Campaign, we will remain focused on ending human trafficking in the United States.”
“A trafficking victim shouldn’t have to spend time trying to determine whether they have a Department of Labor issue or a Department of Justice issue,” said Secretary Thomas Perez of the Department of Labor. “Their basic rights are being violated, and we can accomplish so much more to redress those crimes when we work together. The Anti-Trafficking Coordination Team Initiative, by bringing our respective departments’ collective resources and expertise to bear, is helping us build a whole even greater than the sum of our individual parts.”
“Human trafficking is a modern day form of slavery that destroys lives and exploits the most vulnerable in our society,” said FBI Director James B. Comey. “These Anti-Trafficking Coordination Teams are the most effective way to investigate human trafficking by allowing us to work in a collaborative, victim-oriented manner.”
The Attorney General has declared efforts to bring human traffickers to justice and to restore the lives of human trafficking survivors be among the highest priorities of the Department of Justice.
Charleston man pleads guilty to Federal drug chargeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Charleston man pleaded guilty today to a federal heroin charge. Thomas Kerr Clements, 53, entered a guilty plea in federal court in Charleston, West Virginia, to distributing heroin.
Clements admitted that on May 27, 2015, he sold heroin to a confidential informant working with law enforcement authorities. The drug deal took place at the defendant’s residence, located in the Rand area of Charleston.
Clements faces up to 20 years in federal prison a $1 million fine when he is sentenced on March 17, 2016, in federal court in Charleston.
The case against Clements was investigated by the Kanawha County Sheriff’s Department, Sheriff’s Tactical Operations Patrol Team. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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California Man Charged with Conspiring to Provide Material Support to Terrorism and Being ‘Straw Purchaser’ of Assault Rifles Ultimately Used in San Bernardino, California, AttackRead the Press Release
Enrique Marquez Jr., 24, of Riverside, California, a longtime friend of Syed Rizwan Farook, the male shooter in the San Bernardino, California, terrorist attack, was charged today with conspiring to provide material support to terrorists based upon his role in terrorist plotting with Farook in 2011 and 2012, the unlawful purchase of the two assault rifles used in the deadly shooting two weeks ago and defrauding immigration authorities by entering into a sham marriage with a member of Farook’s family.
Marquez was arrested today by the FBI and is expected to make his initial court appearance later today in federal court in Riverside. Marquez was charged in a three-count criminal complaint filed in the U.S. District Court for the Central District of California with conspiring to provide material support – including personnel, firearms and explosives – to terrorists in 2011 and 2012; with making a false statement in connection with acquisition of firearms; and immigration fraud.
“Enrique Marquez Jr. is charged with conspiring to provide material support to terrorists for his role in plotting attacks on American soil in 2011 and 2012, attacks which were, fortunately, not carried out. He is also charged with a firearms violation for making a straw purchase of weapons for Syed Rizwan Farook – weapons that were eventually used to carry out the recent terrorist attack in San Bernardino,” said Assistant Attorney General Carlin. “We will continue to investigate, and seek to hold accountable anybody found to be involved in, that heinous act. I would like to extend my gratitude to all the members of law enforcement involved in this ongoing investigation.”
“Mr. Marquez conspired with Mr. Farook to commit vicious attacks, as set forth in today’s charges,” said U.S. Attorney Eileen M. Decker of the Central District of California. “Even though these plans were not carried out, Mr. Marquez’s criminal conduct deeply affected San Bernardino County, Southern California, and the entire United States when the guns purchased by Marquez were used to kill 14 innocent people and wound many others. While there currently is no evidence that Mr. Marquez participated in the Dec. 2, 2015 attack or had advance knowledge of it, his prior purchase of the firearms and ongoing failure to warn authorities about Farook’s intent to commit mass murder had fatal consequences. Today’s charges are the result of exceptional work by many prosecutors and law enforcement agencies, and I thank them for their tremendous effort so far in this case.”
“Many dedicated law enforcement personnel have worked around the clock and side by side with their Joint Terrorism Task Force partners to gather evidence and build a solid terrorism case against Mr. Marquez over the past two weeks,” said Assistant Director in Charge David Bowdich of the FBI’s Los Angeles Field Office. “As we will continue to investigate the facts surrounding the terrible shooting in San Bernardino, we will leave no stone unturned in an effort to deliver answers and justice to the murdered victims and the families they left behind.”
The affidavit in support of the complaint provides details into parts of the exhaustive and ongoing investigation into the attack on Dec. 2, 2015, that killed 14 people at the Inland Regional Center (IRC). The complaint does not allege that Marquez was involved in the terrorist attack at the IRC. The complaint does allege that Marquez purchased the AR-15-style rifles that were ultimately used in the shooting, that Marquez previously purchased explosive material that was ultimately used to construct a pipe bomb that was found at the IRC and that in 2011 and 2012, Marquez and Farook planned terrorist attacks in the Inland Empire, California, that ultimately were not carried out.
According to the affidavit, in approximately 2005, Marquez moved to Riverside, where he met Farook, who was his next-door neighbor. After their initial meeting, Farook introduced Marquez to Islam, and, in 2007, Marquez converted to Islam. Farook later introduced Marquez to radical Islamic ideology, which included expressing disdain towards Muslims in the U.S. military who killed other Muslims, as well as discussing the extremist views of the now-deceased imam and Islamic lecturer Anwar al-Aulaqi. Over the next few years, Farook provided Marquez with radical Islamic materials, and by 2011, Marquez spent most of his time at Farook’s residence listening to lectures and watching videos involving radical Islamic content. Those materials included Inspire Magazine, the official publication of Al-Qaeda in the Arabian Peninsula (AQAP), and videos produced by Al-Shabaab. In August 2011, Farook informed Marquez of his interest in joining AQAP in Yemen.
In late 2011, according to the affidavit, Marquez and Farook started planning to use firearms and explosives to carry out terrorist acts – attacks that Marquez told investigators were designed to maximize the number of casualties that could be inflicted. The affidavit recounts a recent interview with Marquez in which he admitted making plans with Farook to attack the library or cafeteria at Riverside Community College (RCC), where both men had been students. The plan allegedly was to throw pipe bombs into the cafeteria area from an elevated position on the second floor, and then to shoot people as they fled.
Marquez and Farook also planned to attack eastbound lanes of State Route 91 (SR-91) during afternoon rush hour, the affidavit states. Marquez told investigators that they chose a particular section of the freeway because there were no exits, which would increase the number of targets in the eastbound lanes. The plan was for Farook to throw pipe bombs on to the freeway, which they believed would disable vehicles and stop traffic. Farook allegedly planned to then move among stopped vehicles, shooting into them, while Marquez shot into vehicles from a position on a nearby hillside. Marquez allegedly said that he would watch for law enforcement and emergency vehicles, and his priority was to shoot law enforcement before shooting life-saving personnel.
According to the affidavit, Marquez and Farook took steps to carry out their plans by purchasing firearms, ammunition and other tactical gear, as well as going to local firing ranges. In late 2011 and 2012, Marquez allegedly purchased two firearms and portrayed himself as the actual purchaser of the rifles, when he was in fact buying the weapons for Farook as part of the plan to attack RCC and SR-91. According to the affidavit, Marquez told investigators that he agreed to purchase the weapons because “his appearance was Caucasian, while Farook looked Middle-Eastern.” Investigators have determined that on Nov. 14, 2011, Marquez purchased a Smith and Wesson M&P-15 Sport rifle for Farook. On Feb. 22, 2012, Marquez purchased a DPMS model A-15 rifle, according to records in the affidavit, which states that each rifle cost approximately $750.
Around the same time as he purchased the firearms for Farook, Marquez purchased explosives – specifically smokeless powder – “in furtherance of his and Farook’s plans to create bombs and commit mass killings,” according to the affidavit.
In the first half of 2012, Marquez and Farook allegedly continued to prepare for terrorist attacks by going to firing ranges to practice shooting guns and further discussing extremist ideologies. After 2012, Marquez allegedly distanced himself from Farook and ceased plotting with Farook for a variety of reasons, including the arrest of Ralph Deleon and others on material support for terrorism charges in November 2012.
The complaint affidavit alleges the following timeline of events based on the investigation to date. On the morning of Dec. 2, 2015, shortly after 9:00 a.m., Farook went to an event at the IRC and placed an item on a table. Following the shooting at the IRC, investigators discovered a remote-controlled improvised explosive device (IED) on a table – a pipe bomb constructed out of three galvanized steel pipes and smokeless powder that was armed and ready to detonate. A subsequent search of Farook’s residence led to the discovery of smokeless powder that Marquez allegedly admitted purchasing in 2011 while planning terrorist acts with Farook. In addition, a remote control was found in the sports utility vehicle after Farook and his wife Tafsheen Malik were killed. In his interview with investigators, Marquez allegedly stated that the smokeless powder was purchased to be used in the construction of an “explosive device.” Marquez described his familiarity with the use of remote-control devices to detonate IEDs, and said he and Farook reviewed instructions on how to make IEDs that were in Inspire Magazine, according to the affidavit.
According to the affidavit, subsequent investigation determined that on the morning of the shooting, a Facebook account associated with Malik searched for materials related to the Islamic State of Iraq and the Levant (ISIL). Shortly after the shooting, a post on a Facebook page associated with Malik said, “We pledge allegiance to Khalifa bu bkr al bhaghdadi al quraishi” which the affidavit alleges is a reference to the leader of ISIL.
After Farook and Malik were killed in the shooting that ended the pursuit, authorities recovered four firearms and thousands of rounds of ammunition. Among the firearms recovered were the two rifles that Marquez allegedly purchased for Farook several years earlier. Forensic testing has confirmed that the two rifles were used in the attack on the IRC.
Four days after the attack on the IRC, Marquez met with law enforcement officials investigating the incident. Marquez admitted a series of statements that are detailed in the affidavit.
In addition to the charges related to the straw purchase of the rifles and the plans to commit terrorist attacks, Marquez is charged with defrauding U.S. Citizenship and Immigration Services in relation to a sham marriage with a member of Farook’s extended family so that she could obtain legal status in the United States. In return for his participation in the fraud, she paid Marquez $200 per month.
The charge of conspiring to provide material support to terrorists carries a maximum sentence of 15 years in prison. The charge of making a false statement in connection with the acquisition of firearms carries a statutory maximum sentence of 10 years in prison. The charge of immigration fraud carries a statutory maximum sentence of 10 years in prison. If convicted, any potential sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal history, if any, the defendant’s role in the offense and the characteristics of the violation.
A criminal complaint is not a finding of guilt. An individual charged by complaint is presumed innocent unless and until proven guilty.
This investigation is being conducted by several partner agencies that are part of the Los Angeles FBI’s Inland Empire Joint Terrorism Task Force. Several agencies are providing considerable assistance to the investigation, including the San Bernardino County District Attorney’s Office and detectives with the Chino Police Department; the Redlands Police Department; and the Corona Police Department. In addition, investigators have collaborated with sister task forces in the region and throughout the country, as well as with the intelligence community; foreign law enforcement partners; and various FBI Legal Attachés located overseas. The case is being prosecuted by the U.S. Attorney’s Office of the Central District of California and the National Security Division’s Counterterrorism Section.
Marquez Complaint
CEO of Florida Financial Firm Arraigned on Fraud Charges in $179 Million Sham Loan SchemeRead the Press Release
CHICAGO — The chief executive of a Florida financial firm was arraigned today on federal fraud charges for allegedly selling $179 million in sham loans to a Milwaukee investment company.
Nikesh Patel, the chairman and CEO of Orlando-based First Farmers Financial LLC, forged signatures and produced false documents to create the appearance that approximately 26 government-backed loans had been issued to borrowers in Florida and Georgia, according to an indictment returned earlier this month in federal court in Chicago. The sham loans purported to contain principal amounts ranging from $2.5 million to $10 million, the indictment states. Patel sold the fraudulent loans to a Milwaukee investment firm for $179 million, according to the indictment.
The indictment charges Patel, 32, of Windermere, Fla., with five counts of wire fraud. He pleaded not guilty this afternoon during his arraignment before U.S. District Judge Charles P. Kocoras in Chicago. The next court appearance was scheduled for Jan. 21, 2016, at 9:30 a.m.
Through its Business and Industry Guaranteed Loan Program, the U.S. Department of Agriculture guarantees a percentage of loans issued to borrowers who improve the economic and environmental climate in rural communities. First Farmers obtained certification to participate in the program after Patel submitted false statements to the USDA about his company’s assets and officers, according to the indictment.
The indictment contends that Patel then submitted false statements to the Milwaukee firm to secure the sale of the phony loans. The fabrications included a false guarantee that the USDA had backed a portion of the loans’ principal amounts, according to the indictment. The Milwaukee firm paid $179 million for the loans as an investment vehicle for its list of clients, which included community banks, retirement plans, municipalities, and subdivisions in Illinois and elsewhere, the indictment states.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; and Jeffrey A. Monhart, Regional Director of the Chicago Regional Office of the U.S. Department of Labor, Employee Benefits Security Administration.
Each count of wire fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater.
The 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 Attorneys Patrick J. King Jr. and Rick D. Young.
Black Hat Bandit Gunman Sentenced to 32 Years in PrisonRead the Press Release
ALEXANDRIA, Va. – Thomas Anthony George, 65, of Washington, D.C., was sentenced today to 384 months in prison for two counts of using a firearm during the commission of armed bank robberies. George was also ordered to pay full restitution in the amount of $182,104.48.
“Thomas George has been robbing banks for most of his adult life,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “I want to thank our prosecutors and investigative partners for their efforts on this case and for bringing this violent serial bank robber to justice.”
George pleaded guilty on Sept. 24, 2015. According to court documents, in approximately January 2015, George entered a conspiracy to commit armed bank robberies within the Eastern District of Virginia, and elsewhere. Over the course of the ensuing two months, George and his co-conspirators, who were known as the Black Hat Bandits, robbed nine banks, including six banks in the Eastern District of Virginia, two banks in the District of Maryland, and one bank in the District of Columbia. In each of these robberies, George brandished a firearm at bank customers or employees of the bank. In total, George and his co-conspirators stole approximately $182,104 during the nine bank robberies.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Channing D. Phillips, Acting U.S. Attorney for the District of Columbia; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; and Cathy Lanier, Chief of the Metropolitan Police Department, made the announcement after sentencing by U.S. District Judge James C. Cacheris. Assistant U.S. Attorneys Tobias D. Tobler and Jonathan L. Fahey prosecuted the case.
The investigation was worked jointly by the FBI's Washington and Baltimore Field Offices, Anne Arundel County Police Department, Charles County Sheriff’s Office, Fairfax County Police Department, Falls Church Police Department, Loudoun County Police Department, the Metropolitan Police Department, Vienna Police Department and Virginia State Police. Additional assistance was provided by Arlington County Police Department, Maryland State Police and the Montgomery County Police Department.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-CR-87.
Belleville Man Sentenced to 168 Months in Prison for Drug and Firearm ChargesRead the Press Release
Joseph R. Carr, 25, of Belleville, Illinois, was sentenced to 168 months in prison on a four-count indictment charging him with Distribution of a Controlled Substance, Carrying a Firearm During and in Relation to a Drug Trafficking Crime, Possession with Intent to Distribute Controlled Substance, and Felon in Possession of a Firearm, James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced. Following his prison sentence, Carr will be on federal supervised release for 5 years. Carr was also ordered to pay a fine of $400, as well as a $400 special assessment.
On April 15, 2015, Carr was arrested for selling heroin to an undercover informant in Belleville, Illinois while carrying a firearm. Carr has one prior felony conviction. Carr pled guilty to the charges on September 15, 2015.
This case was investigated by the St. Clair County Drug Tactical Unit and prosecuted by Assistant United States Attorney Deirdre A. Durborow.
Arcade Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.–U.S. Attorney William J. Hochul, Jr. announced today that Ryan Tojdowski, 31, of Arcade, NY, pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life and a $250,000 fine.
Assistant U.S. Attorney Caleb J. Petzoldt, who is handling the case, stated that on December 17, 2014, during the course of an investigation, the Wyoming County Sheriff’s Department discovered the defendant to be in engaged in the manufacturing and distribution of marijuana. In addition, deputies found Tojdowski to be in possession of quantities of oxycodone, morphine, alprazolam, hydrocodone, clonazepam, dihydrocodeine as well as a .223 assault rifle.
The plea is the culmination of an investigation on the part of the Wyoming County Sheriff’s Department, under the direction of Gregory J. Rudolph and the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office.
Sentencing is scheduled for March 31, 2016 at 10:00 a.m. before Judge Vilardo.
Anchorage Man Indicted by Federal Grand Jury for Unlawful Production of False Identification DocumentsRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that David Wayne Henry was indicted by a federal grand jury in Anchorage for unlawful production of false identification documents which appeared to be issued under the authority of the United States.
Henry, 41, of Kenai, Alaska, is the sole defendant named in the one-count indictment, together with one forfeiture allegation.
According to the indictment, Henry illegally produced numerous false identification documents which appeared to be issued by federal agencies. The fake IDs reflected Henry’s photo, but the names and personnel identifiers of other individuals. Some of the fake IDs were also in Henry’s own name. They consisted of ID cards for the FBI, the CIA, the Department of Defense, the U.S. Marine Corps, and the Department of Veterans Affairs.
Assistant U.S. Attorney Yvonne Lamoureux, who presented the case to the grand jury, indicated that the law provides for a maximum total sentence of up to 15 years in prison, a fine of up to $250,000, or both. In addition, the forfeiture allegation seeks forfeiture of the following property: 30 common access cards with microchips, 500 common access cards without microchips, hologram stickers, notary seals, laminating materials, printers, laminator, and electronic media. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
“Creating false identification documents is a serious crime all by itself, but making false law enforcement and official government identifications raises the potential for harm to another level” said Kevin R. Feldis, First Assistant U.S. Attorney and Criminal Division Chief for the District of Alaska. “The FBI responded quickly to seize the fake ID cards and will continue to investigate this case.”
The FBI conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Albuquerque Man Pleads Guilty to Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Marquis Pounds, 28, of Albuquerque, N.M., pleaded guilty today in federal court to being a felon in possession of firearms and ammunition. Under the terms of the plea agreement, Pounds will be sentenced within the range of seven to eight years in federal prison.
Pounds was arrested in June 2015, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on June 5, 2015, in Bernalillo County, N.M. According to the criminal complaint, law enforcement officers executed search warrants on Pounds’ residence in northeast Albuquerque and seized a revolver and ammunition. Subsequent investigation revealed that revolver and ammunition had been reported stolen from a pawn shop in Los Lunas, N.M. Pounds was subsequently indicted on July 14, 2015, on the same charge.
According to court documents, Pounds was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of narcotics with intent to distribute, conspiracy to possess narcotics with intent to distribute, and embezzlement.
During today’s hearing, Pounds pled guilty to the indictment and admitted that on June 5, 2015, he possessed a firearm despite the fact that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Pounds remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Los Lunas Police Department with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Wednesday 16 December 2015
Wisconsin Man Sentenced to 51 Months in Prison for Traveling Overseas to Engage in Illicit Sexual ConductRead the Press Release
United States Attorney Andrew M. Luger announced the sentencing of STEVEN RICHARD SMASAL, 48, to 51 months in prison for traveling abroad to engage in illicit sexual conduct. SMASAL pleaded on guilty on July 24, 2015, before U.S. District Judge John R. Tunheim. He was sentenced today in U.S. District Court in Minneapolis, Minn., before now Senior U.S. District Judge Tunheim.
“This sentence serves as a warning to all those who would consider traveling overseas to sexually exploit children, ” said acting Special Agent in Charge William Lowder of HSI St. Paul. “Sex tourism is a crime in the United States. HSI and our law enforcement partners here and around the world will aggressively pursue those who attempt to harm children, no matter where that may be.”
According to the defendant’s guilty plea, on February 24, 2015, SMASAL, who had spent significant time teaching in the Philippines, was scheduled to travel from the Twin Cities to Beijing via Toronto. The purpose of his trip was to teach English in Beijing and to engage in illicit sexual conduct with minor girls in the Phillippines.
According to the defendant’s guilty plea, SMASAL communicated with at least two females, one of whom was the mother of a 14-year-old girl. SMASAL indicated to the woman that he would like to meet her and her 14-year-old daughter in the Phillippines, at one point stating, “…understand that I will want you and ur daughter.” SMASAL later stated, “Is it ok that I have sex with ur daughter?” Finally, he asked, “Can I just have ur daughter then?”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Assistant U.S. Attorney Laura M. Provinzino prosecuted the case.
Defendant Information:
STEVEN RICHARD SMASAL, 48
Eau Claire, Wisc.Convicted:
- Travel with intent to engage in illicit sexual conduct, 1 count
Sentenced:
- 51 months in prison
- 15 years of supervised release
Wisconsin Man Charged with Stealing Human RemainsRead the Press Release
Thomas A. Munson, 76, from Prairie du Chien, Wisconsin, has been charged with one count of embezzlement and theft. The charge is contained in an Information filed on December 8, 2015, in United States District Court in Cedar Rapids.
The Information alleges that, between about July 16, 1990 and May 17, 2012, Munson knowingly concealed human remains in the possession of the United States.
If convicted Munson faces the following maximum penalties: (1) not more than one year imprisonment without the possibility of parole or a term of probation of not more than five years; (2) a fine of not more than $100,000; (3) a mandatory special assessment of $25; and (4) a term of supervised release of not more than one year following any prison term.
Munson appeared on December 16, 2015, in federal court in Cedar Rapids and was released without bond. Munson’s next appearance for a change of plea hearing is set for January 4, 2016, at 1:30 p.m.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case was investigated by the National Park Service and is being prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-CR-1030.
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Washington DC Man Pleads Guilty to Carjacking and Gun ChargesRead the Press Release
Greenbelt, Maryland – David Nathaniel Peebles, age 31, of Washington, D.C., pleaded guilty today to carjacking and to being a felon in possession of a gun.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Director in Charge Paul M. Abbate of the Federal Bureau of Investigation’s Washington Field Office; Interim Chief Henry P. Stawinski of the Prince George’s County Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; Chief J. Thomas Manger of the Montgomery County Police Department; Montgomery County State’s Attorney John McCarthy; and Maryland Attorney General Brian E. Frosh.
According to his plea agreement, between January 2011 and April 1, 2012, Peebles conspired with others to commit armed carjackings and other crimes of violence. Peebles and his co-conspirators communicated among themselves about committing carjackings, traveled together in search of potential carjacking targets, and armed themselves with firearms to be used while committing the carjacking.
Specifically, on February 8, 2012, Peebles, Jeffrey Carl Franklin, and another co-conspirator traveled by car to the Manchester Road area of Silver Spring, Maryland, where they spotted a victim parking a 2008 Infiniti. As the victim exited the vehicle, the two co-conspirators approached the victim while Peebles remained in the car. The co-conspirators confronted the victim and at gunpoint, demanded the keys to the car. The co-conspirators took the victim’s purse, which contained the keys to the Infiniti, then entered the Infiniti and drove away, with Peebles following behind in their vehicle.
On February 12, 2012, Peebles and two co-conspirators drove to the Russell Avenue area of Mount Rainier, Maryland, looking for carjacking targets. Again, Peebles remained in the car to act as the getaway driver, while the two co-conspirators approached victims in a 2004 Acura TL. One co-conspirator pointed a gun at the driver’s head and demanded that the driver get out of the car. The driver complied and the co-conspirator then stole the driver’s personal property. The second co-conspirator approached the passenger in the Acura and demanded the passenger’s purse. When the victim did not immediately comply, the co-conspirator struck the victim in the face several times. During the assault the other co-conspirator took the victim’s property. The co-conspirators then got into the Acura and drove away while Peebles followed in their vehicle.
During the course of the conspiracy, Peebles or a co-conspirator knowingly possessed 9 millimeter pistol, with an obliterated serial number, to use in the carjackings. Peebles has at least one previous felony conviction and therefore is prohibited from possessing a firearm or ammunition.
Peebles and the government have agreed that if the Court accepts the plea agreement Peebles will be sentenced to between seven and 15 years in prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for April 8, 2016 at 2:00 p.m.
Jeffrey Carl Franklin, age 29, of Greenbelt, Maryland, previously pleaded guilty to his role in the carjacking conspiracy and is awaiting sentencing. Another member of the conspiracy, Samuel Damien Bynum, age 25, of Washington, D.C., pleaded guilty and was sentenced to 207 months in prison, for conspiring to use a gun during carjackings, using a gun during a carjacking, carjacking and being a felon in possession of a gun and ammunition.
United States Attorney Rod J. Rosenstein commended the FBI, the Prince George’s and Montgomery Counties Police Departments and State’s Attorney’s Offices, and Maryland Attorney General’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Thomas M. Sullivan and Special Assistant Matthew L. Paeffgen, who are prosecuting the case.
Waldorf Man Pleads Guilty to Stealing Guns from a Federally Licensed Firearms Dealer and Setting the Store on FireRead the Press Release
Greenbelt, Maryland – Edward White, age 46, of Waldorf, Maryland, pleaded guilty today to theft of firearms and use of fire during the commission of a felony, in connection with the robbery and arson of a federally licensed firearms dealer.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Charles County Sheriff Troy Berry.
According to his plea agreement, in February 2014, White planned to burglarize Fred’s Sports and Furniture, a federally licensed firearms dealer in Waldorf, Maryland. In preparation for the burglary White took photographs outside and inside the store, including the fence, gate, the padlock used to secure the gate, guns, and display cases containing the guns. White also accessed the roof of the store by climbing the HVAC system at the rear of the building, and took photos of the roof and the HVAC system. White’s DNA was recovered from a beam next to the HVAC system. White shared the photos with at least one co-conspirator.
On October 13, 2014, co-conspirators robbed Fred’s Sports and set it on fire. Specifically, co-conspirators cut the chain and padlock previously photographed by White, using bolt cutters provided by White. At least one co-conspirator climbed onto the roof of the building and cut a hole in the roof at the same location photographed by White. A co-conspirator, wearing a mask and gloves, entered the store and gathered more than 70 handguns from display cases throughout the store. After more than an hour, the co-conspirators poured an accelerant on the floor throughout the interior of the store, exited through the hole in the roof and ignited the accelerant. The fire destroyed Fred’s Sports and rendered the building uninhabitable. After the burglary, one of the co-conspirators gave White at least two of the stolen firearms.
Law enforcement officers recovered White’s cell phone near the rear of the store. The phone contained the photos of Fred’s Sports taken by White.
On November 6, 2014, law enforcement executed a search warrant at White’s home and recovered a .380 handgun stolen from Fred’s Sports and five .40 caliber rounds of ammunition. White’s DNA was on the trigger guard. White agreed to go with law enforcement officers to the Charles County Sheriff’s Office, where he requested to use the rest room. While in the toilet stall, White placed a black cloth object in the trash can next to the toilet. Law enforcement subsequently searched the trash can and discovered a black cloth belly band holster containing a .40 caliber semi-automatic handgun, loaded with a magazine and 10 rounds of ammunition. This firearm was also stolen from Fred’s Sports on October 13, 2014. The next day, law enforcement searched White’s car and recovered the bolt cutters used during the robbery.
White and the government have agreed that if the Court accepts the plea agreement White will be sentenced to between 13 and 17 years in prison. U.S. District Judge Theodore Chuang has scheduled sentencing for April 11, 2016.
United States Attorney Rod J. Rosenstein commended the ATF and Charles County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Daniel C. Gardner, who prosecuted the case.
Upstate New York Man Sentenced to over Eight Years in Prison for Providing Material Support to TerroristsRead the Press Release
Conspired to Modify Lethal Radiation Device to be Used to Kill Muslims in New York State
Eric J. Feight, 55, of Hudson, New York, was sentenced today to serve 97 months in prison for providing material support to terrorists.
The sentence was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Richard S. Hartunian of the Northern District of New York and Special Agent in Charge Andrew W. Vale of the FBI’s Albany, New York, Division.
Feight pleaded guilty on Jan. 22, 2014, and admitted to helping Glendon Scott Crawford modify an industrial-grade radiation device intended to be used to kill Muslims in the Albany area. Feight also admitted he assisted Crawford by designing and building a remote initiation unit to allow the radiation device to be activated from a distance. Both men were arrested following an extensive federal investigation. Crawford, a self-proclaimed Ku Klux Klan (KKK) member, sought financial support for his plot from the KKK, and he and Feight later met with individuals they believed to be KKK financiers to advance their scheme to kill innocent Americans. Those individuals were actually FBI agents posing as businessmen connected to the KKK who were willing to support the scheme.
“Eric Feight aided Glendon Scott Crawford in altering a dispersal device to target unsuspecting Muslim Americans with lethal doses of radiation,” said Assistant Attorney General Carlin. “Feight and Crawford’s abominable plot to harm innocent Americans was thwarted thanks to the tireless efforts of law enforcement. The National Security Division’s highest priority continues to be combatting terrorism, and we remain ready to identify, disrupt and prevent terrorist threats, both domestically and internationally.”
“The sentence today highlights both the dangers we face when hatred and bigotry beget domestic terrorism and violent extremism, and our commitment to holding those who commit such crimes accountable,” said U.S. Attorney Hartunian. “No American – of any background – should have to live in fear of this kind of attack. This case illustrates the importance of vigilance by community members and an immediate, comprehensive investigation by our Albany FBI Joint Terrorism Task Force, which thwarted the diabolical plan Feight supported. We must continue to counter messages of hate by empowering communities and emphasizing the inclusion on which our nation was founded – with local, state and federal law enforcement ready to stop any who refuse to heed that call.”
“Today’s sentencing is the result of the incredible efforts of our Joint Terrorism Task Force and the U.S. Attorney’s Office,” said Special Agent in Charge Vale. “While we enjoy today’s success, it is important that we continue to gain the strongest possible understanding to allow us to better assess the terrorism threat and identify those who would go beyond hateful rhetoric and extremist views to commit violent, criminal acts.”
This case was investigated by the Albany FBI Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorneys Stephen C. Green and Richard Belliss of the Northern District of New York, and Trial Attorney Joseph Kaster of the National Security Division’s Counterterrorism Section.
Upshur County, WV woman charged with concealing a fugitive from arrestRead the Press Release
ELKINS, WEST VIRGINIA – A federal grand jury has returned an indictment charging Ashley Nicole Fulton, 27, of Buckhannon, West Virginia, with concealing a fugitive from arrest, United States Attorney William J. Ihlenfeld, II, announced.
Fulton is alleged to have attempted to prevent representatives of the United States Marshals Service from discovering the whereabouts of Daniel Lee Canter, 30, of Volga, West Virginia, who had been charged with methamphetamine trafficking in the Northern District of West Virginia. Specifically, Fulton is alleged to have falsely told officers from the Marshals Service that Canter was not present at her home.
Canter was discovered in possession of methamphetamine in November 2014 in Lewis County, West Virginia. He pled guilty earlier this month to one count of “Possession with Intent to Distribute Methamphetamine.” He faces up to 20 years in prison and a fine of up to $1,000,000.
Fulton is charged with one count of “Concealing Person From Arrest” and one count of “False Statement to Federal Officer.” She faces up to five years in prison and a fine of up to $250,000 on each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen Warner is prosecuting the case on behalf of the government. The United States Marshals Service is leading the inquiry.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
United States Seeks to Forfeit and Return A Tyrannosaurus Bataar Skull Looted from the Gobi Desert in MongoliaRead the Press Release
Preet Bharara, United States Attorney for the Southern District of New York, and Glenn Sorge, Acting Special Agent-in-Charge of the New York Office of U.S. Immigration and Customs Enforcement’s (“ICE”), Homeland Security Investigations (“HSI”), announced today the filing of a civil forfeiture complaint against a Tyrannosaurus bataar skull (the “Bataar Skull”) unlawfully taken from the Gobi Desert in Mongolia. The Bataar skull, a fossil from the Cretaceous period, which ended approximately 65 million years ago, had been auctioned in Manhattan in 2007 after being unlawfully brought into the United States. The current owner of the Bataar Skull, having been informed of its origins and the circumstances of its importation into the United States, has consented to its forfeiture.
The Bataar Skull is the latest addition to a lengthy list of looted dinosaur fossils the United States Attorney’s Office, in conjunction with its law enforcement partners at HSI, has pursued over the past few years. Since 2012, the United States Attorney’s Office for the Southern District of New York has secured through a combination of civil and criminal actions the return and repatriation to Mongolia of several dinosaur fossils that include three full Tyrannosaurus bataar skeletons, a full Saurolophus angustirostris skeleton and another partial Saurolophus, six Oviraptor skeletons, four Gallimimus skeletons, a partial Ankylosaurus skeleton, a Protoceratops skeleton, a composite nest containing miscellaneous dinosaur eggs, and numerous small, unidentified prehistoric lizards and turtles.
Manhattan U.S. Attorney Preet Bharara said: “We are gratified to add the skull of another Tyrannosaurus bataar to the roster of fossils returned to Mongolia. Each of these fossils represents a culturally and scientifically important artifact looted from its rightful owner. Together with our law enforcement partners, we will continue to pursue opportunities to right the wrongs committed when priceless artifacts are stolen.”
Acting Special Agent-in-Charge Glenn Sorge said: “Cultural artifacts such as this Bataar Skull represent a part of Mongolian national cultural heritage. It belongs to the people of Mongolia. These priceless antiquities are not souvenirs to be sold to private collectors or hobbyists. HSI is committed to working closely with our law enforcement partners and the U.S. Attorney's Office to target this illegal activity and return the smuggled items to their countries of origin.”
According to the allegations in the Civil Complaint unsealed today:
The Tyrannosaurus bataar is indigenous to – and has only been unearthed in – a specific portion of the Gobi Desert called the Nemegt Basin, in what is now Mongolia. Mongolian law has long declared dinosaur fossils found within Mongolia to be government property. Their export from Mongolia without permission of the Government of Mongolia is a violation of Mongolian law.
On or about March 25, 2007, a California-based auction house offered the Bataar skull for sale on auction in Manhattan. The Bataar Skull had been shipped into the United States in or around June 2006 with United States Customs documents that described it only as “fossil stone pieces.” At auction, the Bataar Skull was described as native to the “Eurasian continent.” The Bataar Skull sold for approximately $230,000 at auction to an anonymous California-based buyer (the “Buyer”).
In 2015, HSI performed a physical examination of the skull and confirmed that it rightfully belongs to the Government of Mongolia and had been illegally imported into the United States. Upon being informed of the circumstances regarding the Bataar Skull, the Buyer agreed to turn it over to HSI and consented to its forfeiture.
Mr. Bharara praised the investigative work of HSI.
The case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant U.S. Attorney Martin S. Bell is in charge of the case.
U.S. Attorney Booth Goodwin announces new partnership to prevent overdoseRead the Press Release
PRINCETON, W.Va. – Standing outside the Princeton Detachment of the West Virginia State Police today, United States Attorney Booth Goodwin, joined by West Virginia State Police Major Tim Bradley, and Mercer County Commissioner and Community Connections Executive Director Greg Puckett, announced a new partnership to expand access to naloxone.
The West Virginia State Police are working together with Community Connections, a Southern West Virginia non-profit, on a partnership that will provide training in the use of naloxone for overdose prevention to West Virginia State Troopers in Mercer, McDowell, and Wyoming Counties. Naloxone, commonly known as Narcan, is a medication used by many first responders and law enforcement officers to reverse the effects of opioid overdose.
"This new partnership is a tremendous step forward in the fight against drug addiction in Southern West Virginia," stated U.S. Attorney Goodwin. "Addiction rates here are high, and because it is a rural area, it sometimes takes a long time for an ambulance to reach an overdose call. For the first time, the West Virginia State Police in this region will have naloxone with them while on duty, so when they respond to an overdose call, they can take life-saving action immediately, when every second counts."
The partnership is made possible through a Rural Opioid Overdose Reversal Grant from the U.S. Department of Health and Human Services, Health Resources and Services Administration. The $100,000 grant will facilitate Project ReNew, a pilot program to expand access to naloxone for the West Virginia State Police in Mercer, McDowell, and Wyoming Counties. The pilot program will be administered by Community Connections, a Southern West Virginia non-profit focused on collaborative efforts to build strong communities and improve the lives of local families. Community Connections will train the Troopers in the three-county area on how to administer naloxone. The grant funding will also be used to purchase naloxone kits for the Troopers.
Earlier this year, Governor Tomblin signed legislation into law that permitted the prescription of naloxone for use by initial responders, such as law enforcement. This allowed for the broader use of naloxone as a powerful tool in the fight against addiction. Other resources include the state hotline at 1-844-HELP4WV (1-800-435-7498), and The Call WV app, which connects people with addiction treatment options based on the app user’s location, and is available for download on Apple and Android smartphones and at makethecallwv.com. A cooperative agreement between the U.S. Attorney’s Office for the Southern District of West Virginia and the Huntington Police Department funded the creation of The Call WV app and the makethecallwv.com website by Syntech Creative, a Huntington business, as well as a series of public service announcements about the app and the website created by Trifecta Productions, another Huntington business.
“I want to thank Community Connections for administering this program,” said Goodwin. “Most importantly, I want to thank the West Virginia State Police for continuing to show leadership in confronting the opiate epidemic. We are hopeful that with the State Police on board, other local law enforcement agencies that are not yet training their personnel in the use of naloxone will soon partner in this effort.”
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Two Men Indicted on Federal Charges in $45 Million Mortgage Fraud ConspiraceRead the Press Release
Contact Person: First Assistant U.S. Attorney Beth Drake (803) 929-3000
Columbia, South Carolina ---- United States Attorney Bill Nettles announced today an indictment charging George L. Turner, Jr., 41, of Ladson, South Carolina and Clayton G. Wickersham, age 34, of Summerville, South Carolina, with Conspiracy to Commit Mail Fraud, Wire Fraud, and Bank Fraud, in violation of Title 18, United States Code, Section 1349. Turner and Wickersham are each facing a maximum of 30 years imprisonment and/or a $1,000,000 fine and 5 years of supervised release.
The indictment stems from an ongoing investigation into allegations the defendants were involved in a mortgage fraud conspiracy based out of real estate and mortgage businesses located in Summerville. The indictment alleges the scheme involved more than 70 properties, approximately $45 million of mortgage loans, and a loss of more than $23 million suffered by financial institutions. The indictment further alleges that the properties were located in Charleston, Johns Island, Ladson, Mount Pleasant, Summerville, Edisto Island, St. Helena Island, Garden City, Murrells Inlet, Myrtle Beach, North Myrtle Beach, Lake Keowee, and Tybee Island, Georgia.
Three other defendants previously pleaded guilty in connection with the scheme and are awaiting sentencing. Scott M. Wickersham, 36, of Summerville, pleaded guilty to one count of Conspiracy to Commit Mail Fraud, Wire Fraud, and Bank Fraud, in violation of Title 18, United States Code, Section 1349, and two counts of Willfully Making and Subscribing a False Tax Return, in violation of Title 26, United States Code, Section 7206(1). Steven F. Weiss, 66, of Virginia, and Kelly Martin, 34, of Moncks Corner, each pleaded guilty to one count of Conspiracy to Commit Mail Fraud, Wire Fraud, and Bank Fraud, in violation of Title 18, United States Code, Section 371.
The Indictment is the result of an investigation conducted by the Federal Bureau of Investigation (FBI) and the Internal Revenue Service-Criminal Investigation (IRS-CI). Assistant United States Attorney Dean H. Secor of the Charleston office is prosecuting the case.
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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Two Men Charged with Wire FraudRead the Press Release
Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina---- United States Attorney Bill Nettles announced the indictment of Aaron Vennefron of Hamilton, Ohio and Phillip Thompson of Augusta, Georgia for conspiracy to commit wire fraud, and theft of government funds. The indictment alleges that the two conspired to defraud the government by creating fraudulent invoices for payment of what appeared to be goods needed for work at the Mixed Oxide Fuel Fabrication Facility at the Savanah River Sight. The indictment further alleges that no goods were ever received and that Vennefron and Thompson received over $4,000,000.00 in payments based on the fraudulent invoices.
The case was investigated by Special Agents with the U.S. Department of Energy Office of Inspector General and the Federal Bureau of Investigation. Assistant United States Attorney John Potterfield is prosecuting the case.
The United States Attorney stated that the charges alleged in the Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Two Defendants Sentenced in Manhattan Federal Court to More Than 30 Years in Prison in Connection with 2009 Home Invasion Robbery and MurderRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that ANTOINE BURROUGHS and LEON WHITFIELD were sentenced today in connection with the home invasion robbery and murder of Gerardo Antoniello on September 9, 2009. BURROUGHS and WHITFIELD were each sentenced to nearly 34 years in prison. Both defendants were also required to pay more than half a million dollars in restitution to Antoniello’s mother. Antoniello was killed during the home invasion robbery of his father, Bartolomeo Antoniello, who was targeted for the cash proceeds of the pizza shop he owned in Queens, New York. BURROUGHS and WHITFIELD previously pled guilty before U.S. District Judge Gregory H. Woods, who imposed today’s sentence.
Manhattan United States Attorney Preet Bharara said: “No amount of prison time or restitution will return Gerardo Antoniello to his family. But this significant prison sentence ensures that Antoine Burroughs and Leon Whitfield can’t harm another innocent family.”
In imposing sentence, United States District Judge Woods told the defendants that the crime they committed was “an atrocity” and “an attack on two innocents for the sake of money.”
According to the allegations in the Indictment and statements made at various proceedings in this case, including the guilty pleas:
BURROUGHS and WHITFIELD were hired by Frank LaCorte, an associate of the Gambino Crime Family, to commit a home invasion robbery. On September 9, 2009, BURROUGHS and WHITFIELD attempted to rob Bartolomeo Antoniello at his home in Queens, New York. BURROUGHS and WHITFIELD were targeting the cash proceeds of Antoniello’s pizza shop. Antoniello’s son, Gerardo Antoniello, was home at the time, and attempted to protect his father. BURROUGHS and WHITFIELD brutally beat and pistol whipped the father and son. During the struggle, Gerardo Antoniello was shot in the head and later died of his injuries. He was 29 years old.
Frank LaCorte was convicted in Queens County Court for his role in organizing this and other home invasion robberies and in June 2012 was sentenced to a term of 50 years to life in prison.
Mr. Bharara praised the work of the Federal Bureau of Investigation, the New York City Police Department, the Queens District Attorney’s Office, and the United States Marshals Service.
The case is being handled by the Office’s Violent and Organized Crimes Unit. Assistant U.S. Attorney Rachel Maimin is in charge of the prosecution.
Treasure Hunter Sentenced for Criminal ContemptRead the Press Release
COLUMBUS, Ohio – Thomas “Tommy” G. Thompson, 63, formerly of Columbus, Ohio, was sentenced in U.S. District Court to 24 months in prison for criminal contempt for failing to appear in court after being ordered to do so in connection with civil suits against him. Thompson was a fugitive until earlier this year when he was arrested by the U.S. Marshals Service.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, and Peter C. Tobin, United States Marshal for the Southern District of Ohio, announced the sentence imposed yesterday by U.S. District Judge Algenon L. Marbley.
According to court documents, U.S. District Chief Judge Sargus ordered Thompson to appear at an August 13, 2012 hearing in a federal civil case. At the 2012 hearing, Thompson was to provide an accounting of certain funds and the location of 500 re-strike commemorative gold coins as part of a lawsuit over the treasure that Thompson found from the SS Central America shipwreck. After Thompson failed to appear, a bench warrant for Thompson’s arrest was issued the same day.
In March 2013, an arrest warrant based on a criminal complaint alleging criminal contempt was authorized against Thompson.
U.S. Marshals tracked, found, and arrested Thompson and co-defendant Alison L. Antekeier, 47, also formerly of Columbus, Ohio, on January 27, 2015 in Boca Raton, Florida. Thompson and Antekeier – Thompson’s close associate – had been living in a Hilton hotel room under fake names and paying with cash.
The two pleaded guilty on April 8, 2015. As part of their plea, the couple agreed that $425,000 in cash seized at the time of their arrest would not be returned to them.
Thompson was also ordered to pay a fine of $250,000 and was sentenced to one year of supervised release following his prison term, along with 208 hours of community service. Shortly after the sentencing, a hearing was held to determine why Thompson should not be held in civil contempt for failing to comply with Judge Marbley’s order that Thompson assist the civil litigants in the identification and recovery of the 500 coins and other assets. Judge Marbley found that Thompson had not complied and ordered him jailed indefinitely and fined $1000 per day until he complies.
U.S. Attorney Stewart commended the investigation by the U.S. Marshals Service, as well as Assistant U.S. Attorney Douglas W. Squires, who is representing the United States in this case.
Three Members of the Devils Diciples Motorcycle Gang Convicted of Racketeering, Drug-Trafficking, and Charges Related to Suborning Perjury and Obstruction of JusticeRead the Press Release
After a three-month trial, a federal jury in the Eastern District of Michigan convicted three members of the Devils Diciples Motorcycle Gang today for their participation in various criminal acts, including Racketeering Conspiracy, methamphetamine production and trafficking, marijuana trafficking, subornation of perjury and obstruction of justice, and other federal offenses. Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan and Special Agent in Charge David P. Gelios of the FBI’s Detroit Division made the announcement. "These defendants were responsible for violence and trafficking in methamphetamine in Macomb County and across the country,” said U.S. Attorney McQuade. “We are grateful for the work of the investigating agencies and the jury to bring them to justice." "The defendants in this case ran an illegal enterprise spanning multiple states, and specialized in violent and criminal activity," said Special Agent in Charge Gelios. "Today's convictions, coupled with prior judicial outcomes, have dramatically impacted the ability of this criminal organization to operate, and are the result of a strong partnership of our federal, state, and local law enforcement agencies and the U.S. Attorney's Office for the Eastern District of Michigan." Devils Diciples members Victor Carlos Castano, a/k/a “Vic,” of Warren, Michigan, Michael Kenneth Rich, a/k/a “Tatu,” of Anniston, Alabama and David Randy Drozdowski, aka “D,” 39 of Fair Haven, Michigan, were all found guilty by a jury of engaging in a RICO conspiracy. Both Castano and Rich were found guilty of suborning perjury, obstruction of justice and conspiracy to obstruct justice as well. Both Castano and Drozdowski were found guilty of engaging in a methamphetamine trafficking conspiracy, with Drozdowski being found guilty of a separate count of manufacturing methamphetamine, and Castano being found guilty of engaging in a marijuana trafficking conspiracy. Castano was found not guilty of possession of meth precursors, and Rich was found not guilty of involvement in the mariuana conspiracy. Sentencing hearings will be scheduled at a later date before U.S. District Judge Robert H. Cleland of the Eastern District of Michigan. According to evidence presented at trial, the Devils Diciples (which the group intentionally misspell) is a motorcycle gang with its national headquarters in Clinton Township, Michigan. The Devils Diciples operated regional chapters in cities throughout Michigan, Alabama, Arizona, California, Illinois, Indiana, Ohio and elsewhere, and engaged in criminal activities for financial gain. Evidence presented at trial demonstrated that membership in the Devils Diciples is based in part on successful completion of a probationary period, followed by formal approval by one or more members or leaders. Members, commonly referred to as “full patched members,” are required to own Harley Davidson motorcycles and are required to follow orders from the gang’s leadership, including orders to assault, threaten and intimidate others, to transport and distribute drugs, to lie to law enforcement and to hide or destroy evidence. Members are also required to follow the Devils Diciples by-laws and attend regular meetings referred to as “church.” According to evidence presented at trial, various leaders were responsible for overall management of the activities of the other Devils Diciples members and chapters, including giving final approval to any activity generally affecting the gang as a whole. With other gang members, the leaders also participated directly in criminal activities both for financial gain on behalf of the Devils Diciples, and to protect the gang and its members. Additionally, the evidence showed that members of the gang possessed state and federal law enforcement manuals regarding outlaw motorcycle gangs marked “For Official Use Only” and “Law Enforcement Sensitive,” and numerous documents related to criminal matters involving members of the Devils Diciples, including police reports, search warrants, affidavits, indictments and witness interview transcripts. The evidence showed that the documents were used for the purposes of counter-surveillance and to identify suspected informants. For example, in August 2003, other gang members robbed, kidnapped and attempted to murder members of the gang’s Arizona Chapter for violating the gang’s rules. Inside the Arizona clubhouse, the victims were bound with duct tape and zip ties, and severely beaten with firearms, tasers, knives, and other weapons. The victims were then loaded into the bed of a pick-up truck, driven out into the desert, dumped into ravines, and left to die. The evidence showed that leaders helped to plan the beatings and that later congratulated one of the participants, telling him in a letter that the Devils Diciples were “all proud of you.” In 2006, Castano was charged in federal court in the Eastern District of Michigan with Marijuana trafficking, felon-in-possession of a firearm and possession of a firearm during a drug trafficking offense. The evidence demonstrated that at the February 2006 jury trial, Castano and Rich suborned the perjury of another Devils Diciple (“Gadget”) from Alabama and his girlfriend, by encouraging them to falsely claim that the firearm found in Castano’s possession was Gadget’s girlfriends and that Castano had no knowledge of the firearm. Separately, Rich threatened to get the Devil Diciple’s girlfriend’s 16 year old daughter addicted to drugs and thereafter prostitute her as part of the conspiracy to have the girlfriend testify falsely. Additionally, the evidence demonstrated that in 2012, at a bar in Chesterfield Township, Michigan, Drozdowski and another Devils Diciples member assaulted a perceived rival motorcycle gang member for being present in Devils Diciples territory. The victim was knocked unconscious and suffered multiple fractures to his face and jaw. Drozdowski and the other Devils Diciples member then ripped the leather vest off of the unconscious victim. In addition to the defendants convicted today, over 50 members and associates of the Devil’s Diciples have been convicted at trial or pleaded guilty to various crimes as result of this investigation. The investigation further resulted in the seizure of more than 60 firearms and more than 6,000 rounds of ammunition and the dismantling of eight methamphetamine manufacturing laboratories across the country. The case was investigated by the FBI, the Michigan State Police, the Macomb County Sheriff’s Office and the County of Macomb Enforcement Team (COMET), with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the St. Clair County Sheriff’s Office. The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Eastern District of Michigan.Texas Man Who Smuggled Weapons to the Middle East Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Eyad Farah (42, Barrington, TX) to three years and one month in federal prison for conspiring to export firearms without a license, exporting firearms without a license, and smuggling firearms from the United States. The Court also ordered him to forfeit seven firearms that are traceable to the offenses. Farah pleaded guilty on September 22, 2015.
According to court documents, Farah was part of a network of individuals involved in smuggling firearms from the United States to the Middle East. The firearms were concealed in vehicles that had been purchased at used car auctions in Central Florida. The vehicles were then scheduled for export to Jordan.
Farah’s co-conspirator, Mahmoud Abdel-Ghani Mohammad Assaf, previously pleaded guilty to his role in the conspiracy and is currently awaiting sentencing. Yasser Ahmad Obeid, a defendant in a related case, has also pleaded guilty. In December 2014, he was sentenced to four years and three months in federal prison.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Defense Criminal Investigative Service, with assistance from the Department of Justice’s Office of International Affairs. It was prosecuted by Assistant United States Attorneys Josephine W. Thomas and Adam M. Saltzman.
Tennessee Probation Officer Indicted for Tax Fraud SchemeRead the Press Release
Memphis, TN – A State of Tennessee probation officer has been indicted on identity theft and wire fraud charges in relation to a tax fraud scheme that defrauded the government of more than $50,000. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the indictment today.
As the indictment alleges, between 2011 and 2012, LaShear Poole, 41, of Memphis, operated Five Star Tax Professionals, a tax preparation business. Poole, also a probation officer, used the business’ Professional Tax Identification Number (PTIN) and Electronic Filing Identification Number (EFIN) to file federal income tax returns.
Poole executed her scheme by unlawfully obtaining and possessing personal identifying information of U.S. taxpayers, which she used to electronically file federal income tax returns in their names. According to the indictment, Poole fraudulently prepared the tax returns of at least 13 individuals, making material false and fraudulent misrepresentations concerning the taxpayers’ employer and business information, income, and eligibility for education credits. The fraudulent tax returns were filed with the U.S. Internal Revenue Service (IRS) by means of wire communication. As a result of the scheme, Poole obtained more than $50,000 in tax refunds.
On Tuesday, December 15, 2015, Poole was indicted on 13 counts of wire fraud. She faces up to 20 years imprisonment and a fine of up to $1 million for each count.
Poole was also indicted on 13 counts of aggravated identity theft. She faces a mandatory sentence of two years (which would be served consecutive to any other term of imprisonment) and a fine of up to $250,000 for each count.
This case is being investigated by IRS-Criminal Investigation.
Assistant U.S. Attorney Christopher E. Cotten is representing the government in this case.
The charges and allegations contained in the indictment are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Tax Return Preparer Sentenced to 4 Year's Imprisonment for Filing False Tax Returns with the IRSRead the Press Release
A tax return preparer was sentenced to 48 months in prison, followed by three years of supervised release for filing a false claim with the Internal Revenue Service (IRS). The defendant was also ordered to pay $7,500.00 in restitution to the IRS and other victims.
Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Joseph Akins Owanikin, a/k/a Joe Akins, of Fort Lauderdale, previously pled guilty to one count of filing a false claim with the Internal Revenue Service, in violation of Title 18, United States Code, Section 287.
According to court documents, Owanikin was a professional tax return preparer and operated Akins Financial Inc., a/k/a Akins Financial Services, in Miami-Dade County. The defendant obtained an Electronic Filing Identification Number (EFIN) so that he could submit tax returns electronically to the IRS in the names of other individuals. Owanikin knowingly filed at least seventy-eight separate false 2008 United States income tax return and supporting documents, including IRS Form 5405 for the First-Time Homebuyer Credit, fraudulently claiming a tax refund of $7,500.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Roger Cruz.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Tampa Man Indicted for Pointing Laser at Tampa Police Department HelicopterRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Mark White (40, Tampa) with knowingly aiming a laser at an aircraft. If convicted, he faces a maximum penalty of five years in federal prison.
According to the indictment, on October 11, 2015, White knowingly aimed the beam of a laser pointer at a Tampa Police Department helicopter that was on aerial patrol.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
On February 14, 2012, President Barack Obama signed the FAA Modernization and Reform Act, which modernizes the nation's aviation system. This Act establishes a new criminal offense for aiming the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft. The statute was enacted in response to a growing number of incidents of pilots being distracted or even temporarily blinded by laser beams.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Rachel Jones.
Southern Illinois Man Sentenced on Healthcare Fraud-Related ChargeRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today, that on December 15, 2015, Terry L. Waeltermann, Jr., 30, of Mulberry Grove and Pocahontas in Bond County, and Vandalia in Fayette County, Illinois, was sentenced in the U.S. District Court in Benton on the charge that he engaged in a scheme to steal from a health care program. The district court sentenced Waeltermann to two years of probation with the first four months to be served in home confinement. He is also ordered to pay $6,660.75 in restitution to the Home Services Program.
Court records indicate that Waeltermann (also known as Waelterman and Waeltermen) admitted that he had submitted false and fraudulent bills in relation to his alleged performance of personal assistant services in the Home Services Program, a Medicaid Waiver Program designed to allow individuals to stay in their homes instead of entering a nursing home. Waeltermann admitted to falsely billing the program between April 14, 2013 and December 31, 2013, when he purportedly rendered personal assistant services to a customer when, in fact, he had not because he had moved away and forged the customer’s signature. As a result, Waeltermann improperly billed 573 hours of services and obtained $6,660.75 in payments for services not performed.
The investigation was conducted by the U.S. Department of Health and Human Services - Office of Inspector General, the Illinois State Police - Medicaid Fraud Control Bureau, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney William E. Coonan.
If you suspect or know of an individual or company that is not complying with healthcare laws or public aid programs, you may report this activity to the local office of the U.S. Department of Health and Human Services, Office of Inspector General, or you may call 1.800.447.8477.
Senate Confirms U.S. Attorney for the Eastern District of VirginiaRead the Press Release
ALEXANDRIA, Va. – Dana J. Boente was unanimously confirmed by the U.S. Senate yesterday as the U.S. Attorney for the Eastern District of Virginia (EDVA).
“I am honored by the confidence of the President, and Senators Mark Warner and Tim Kaine,” said Boente. “It is a privilege to serve the citizens of the Commonwealth of Virginia and United States.”
Boente, who has served as Acting U.S. Attorney for EDVA since September 2013, will serve a four year term as the chief law enforcement officer in the district, which has offices in Alexandria, Richmond, Norfolk and Newport News. From its early days and throughout its history, EDVA has been a national leader in investigating and aggressively prosecuting terrorism and espionage cases, in addition to battling economic espionage, piracy, theft of intellectual property, trafficking of weapons and narcotics, child exploitation, gangs and international criminal organizations, cybercrime, and public corruption.
Boente is a 31-year veteran of the Department of Justice (DOJ), joining DOJ in 1984 at the conclusion of a clerkship with the Honorable J. Waldo Ackerman of the U.S. District Court for the Central District of Illinois. From 1984 to 1999, Boente was a Trial Attorney with DOJ’s Tax Division, and in January 2000, Boente became an Assistant U.S. Attorney in the Fraud Unit of EDVA. In August 2005, Boente was detailed back to the Tax Division to serve as the Principal Deputy Assistant Attorney General, and returned to EDVA in May 2007, when he was selected as the First Assistant U.S. Attorney. In December 2012, Boente was selected to serve as the Acting U.S. Attorney for the Eastern District of Louisiana, and later returned to EDVA in September 2013. Boente was nominated by President Obama as U.S. Attorney for EDVA on Oct. 8, 2015.
Boente, of Carlinville, Illinois, received his J.D. magna cum laude in 1982 from St. Louis University School of Law, and his M.B.A in 1977 and B.S.B.A. cum laude in 1976, both from St. Louis University.
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.
Providence Man Pleads Guilty to Sex Trafficking, Child Pornography ChargesRead the Press Release
PROVIDENCE, R.I. – Dujuan Harris, 35, of Providence, R.I., pleaded guilty in U.S. District Court in Providence on Tuesday to trafficking a 17-year-old girl from Texas to Rhode Island for the purpose of offering her for commercial sexual activity, and to being in possession of photographs of the minor victim in various stages of undress.
Appearing before U.S. District Court Chief Judge William E. Smith, Harris admitted to the court that after he befriended the victim on the Internet, he communicated with her via cell phone, text messages and Skype. Harris admitted to the court that in June 2015, he facilitated the victim’s travel to Rhode Island. Harris paid for the victim to travel to Boston where he met her and then brought her to Providence. Once in Providence, he repeatedly offered the victim for commercial sexual activity.
Harris pleaded guilty to one count each of sex trafficking of a child and possession of child pornography, announced United States Attorney Peter F. Neronha, Providence Police Chief Colonel Hugh T. Clements, Jr., and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations for New England.
According to information presented to the court, after befriending the victim on the Internet, Harris convinced the teenager to provide photographs to him in various stages of undress. Within a few days of her arrival in Providence, Harris took additional photographs of the victim in various stages of undress and posted some of the photographs of her in an ad on Backpage.com.
According to an investigation by the Providence Police Department and agents from Homeland Security Investigations, the response to the ad was immediate and numerous sexual encounters for a fee with the 17-year-old were arranged. All of the payments were turned over to Harris. When Harris told the young woman that he wanted to increase the number of sexual encounters as a way to increase the amount of money she was earning, the young woman told Harris she no longer wanted to participate. After discovering that the young woman had attempted to communicate with her family in Texas, Harris removed the battery from the victim’s cell phone and on several occasions refused to allow her to leave his Providence apartment.
On June 30, 2015, HSI agents, Providence Police detectives and members of the Human Trafficking Task Force located the victim in an apartment in Providence. Following the rescue of the victim, law enforcement discovered numerous nude photographs of the 17-year-old victim on Harris’ cell phone. Harris was arrested.
According to information presented to the court, since his arrest and detention at the Adult Correctional Institute, despite a no-contact order, Harris has contacted the victim more than 100 times.
Harris is scheduled to be sentenced by U.S. District Court Judge William E. Smith on March 4, 2016.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
Prosecutors from the Rhode Island Department of the Attorney General are assisting the United States Attorney’s Office in the prosecution of this matter.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Press AdvisoryRead the Press Release
SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian will conduct a press conference tomorrow (December 17, 2015) at 4 PM in the Syracuse U.S. Attorney’s Office. Joining him will be officials representing multiple law enforcement agencies. This announcement is in connection with United States v. Stephen M. Howells, II and United States v. Nicole F. Vaisey, who are scheduled to be sentenced at 1 pm and 1:30 pm. in Syracuse.
No further information will be provided prior to the press conference.
Thursday, December 17, 2015
4:00 PM
U.S. Attorney’s Office
100 S. Clinton Street
Syracuse, New York
9th FloorPresident of Commodities Trading Pool Sentenced in Manhattan Federal Court for Misappropriating Hundreds of Thousands of Dollars of Client FundsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that MICHAEL JAMES SEWARD, president of the now-defunct, unregistered commodities trading pool SK Madison Commodities, LLC (“SK Madison”), was sentenced to 18 months in prison in connection with his misappropriation of approximately $1.3 million of client investor funds. SEWARD pled guilty to a conspiracy to commit securities fraud on August 7, 2015, and was sentenced today by United States District Judge Edgardo Ramos.
SEWARD’s coconspirator, Yan Kaziyev, pled guilty pursuant to a cooperation agreement on June 25, 2014, and awaits sentencing by United States District Judge Paul A. Crotty.
U.S. Attorney Preet Bharara said: “Michael Seward conspired to sweet-talk investors out of their money with promises of double-digit returns from a commodities pool and a purported investment in an Internet company. He lied to investors to lure them in, and then he lied to them to keep them at bay. Now Seward has been sentenced to prison for his deception.”
According to the Indictment and other submissions filed in Manhattan federal court, and other statements made in open court:
From July 2011 through May 2013, SEWARD and Kaziyev, through SK Madison, engaged in a scheme to defraud over 20 individuals by convincing them to invest approximately $1.3 million into the unregistered commodities pool they were operating. To lure investors, SEWARD and Kaziyev made false representations about the success of their pool and, in some cases, about the very nature of the investments they were soliciting.
For example, from around July 2011 to around October 2011, SEWARD and Kaziyev convinced two investors to pay approximately $330,000 to an entity called SK Madison Partners (“SKM Partners”), which these investors understood would be purchasing stock in an Internet social media company. SEWARD, Kaziyev, and another individual took hefty “commissions” for themselves out of the funds and invested the remainder not in any Internet social media company but in the SK Madison commodities trading pool. From there, SEWARD and Kaziyev withdrew yet more of the funds for their own benefit.
To those investors who knew they were investing in SK Madison’s commodities pool, SEWARD and Kaziyev lied about the success the pool had enjoyed. They mailed and emailed false “track record” reports reflecting purported trading profits in most months from August 2011 through dates in 2012 and 2013. These profit figures were fictitious. Even for those months in which the SK Madison pool had turned a profit, the amount of profit bore no relationship to the figure reported in the “track record.” And the “track record” reports reflected trading profits in months in which the pool had in fact suffered significant trading losses. Similarly false profit figures were published to investors through monthly account statements.
In or about the spring and summer of 2013, when confronted by members of the National Futures Association (“NFA”) and the Commodity Futures Trading Commission (“CFTC”) with their large withdrawals from SK Madison’s trading and bank accounts for their own benefit, SEWARD and Kaziyev sought to justify the withdrawals by citing “commissions” of either $55 or $110 per transaction that SK Madison purportedly had charged for operating the commodities pool. In fact, although SK Madison’s prospectus alerted investors that a $55 commission would be levied per completed transaction, the withdrawals that SEWARD and KAZIYEV made and caused to be made from the accounts bore no relationship to the number of trades effectuated in the accounts, and far exceeded what might have been calculated using the $55 commission figure.
* * *
As part of the sentence imposed today by Judge Ramos, SEWARD, 35, of Largo, Florida, was further sentenced to two years of supervised release and was ordered to pay $200,000 in forfeiture and $750,000 in restitution to the victims of the offense.
Mr. Bharara praised the investigative work of the Federal Bureau of Investigation and thanked the CFTC, which has filed civil charges in a separate action. Mr. Bharara also thanked the NFA for its assistance in this investigation.
The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Sarah Eddy McCallum is in charge of the prosecution.
Pocahontas County, WV man convicted for role in manufacturing methamphetamineRead the Press Release
ELKINS, WEST VIRGINIA – David Wayne Doyle, 42, of Bartow, West Virginia, was convicted in federal court for his role in manufacturing methamphetamine, United States Attorney William J. Ihlenfeld, II, announced.
Doyle was among seven individuals charged in a 29-count federal indictment in April 2014. Specifically, Doyle was discovered in possession of material commonly used to manufacture methamphetamine in Randolph County, West Virginia. Those materials included coffee filters, a mason jar, sandwich bags, and cold medicine containing pseudoephedrine.
Doyle pled guilty to one count of “Possession of Material Used in the Manufacture of Methamphetamine – Aiding and Abetting.” He faces up to 10 years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen Warner prosecuted the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force, the United States Forest Service, the Pocahontas County Sheriff’s Department, and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Philadelphia Woman Admits to Tax CrimesRead the Press Release
PHILADELPHIA - Sharnise Carroll, 36, of Philadelphia, PA, pleaded guilty yesterday to seven counts of aiding and assisting in the preparation of fraudulent tax returns. A sentencing hearing is scheduled for March 30, 2016. Carroll faces up to three years in prison, up to two years of supervised release, restitution to the IRS, a $700 special assessment and a possible fine.
Between February 2009 and September 2009, Carroll prepared and electronically filed federal income tax returns for seven individuals, six of whom did not know Carroll, in which she sought First Time Home Buyer Credit on behalf of each individual. Carroll knew that none of the seven individuals qualified for the credit and one of the returns that Carroll prepared was for a minor whose identity had been stolen. Carroll received a total of $53,445 in cash payments and had the IRS directly deposit the monies into one of two bank accounts in her name.
The case was investigated by Internal Revenue Service Criminal Investigations in conjunction with the City of Philadelphia Office of Inspector General. It is being prosecuted by Assistant United States Attorney Linwood C. Wright, Jr.
Pediatrician Sentenced to 30 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
A pediatrician was sentenced to 30 years in prison to be followed by lifetime supervised release for sexual exploitation of minors, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Robert L. Capers of the Eastern District of New York announced today.
In April 2014, Rakesh K. Punn, 57, of Bethpage, New York, pleaded guilty to producing child pornography. In connection with his plea, Punn admitted that in September 2007, he sexually exploited a minor pediatric patient during a medical appointment at his home-office in Bethpage. Punn falsely diagnosed the child with an illness so that he could obtain unfettered access to her without her parents being present and then drugged and secretly photographed the girl. At sentencing, the court found that Punn engaged in a pattern of similar conduct with other patients and enhanced his sentence accordingly.
Punn awaits sentencing on state charges also related to this conduct.
Trial Attorney Amy Larson of the Justice Department’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Allen L. Bode of the Eastern District of New York prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Owner of Fairfield Ohio Car Dealership Pleads Guilty to Money LaunderingRead the Press Release
CINCINNATI – Bryan Barbarawi, 35, of West Chester, Ohio, pleaded guilty to committing money laundering relative to the sale of a vehicle. Barbarawi faces a maximum prison term of 20 years and a fine of up to $250,000.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Joseph P. Reagan, Special Agent in Charge, Drug Enforcement Administration (DEA) and Guy A. Ficco, Acting Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Cincinnati Field Office, announced the announced the guilty plea entered before U.S. District Judge Susan J. Dlott.
According to court documents, since February 2011 Barbarawi owned and operated a car dealership in Fairfield, Ohio under the names Nationwide Credit Solutions, LLC d/b/a Auto Max, Extreme Imports and Falcon Auto Sales, Inc.
On November 5 and 6, 2014, Barbarawi committed money laundering by concealing the source and ownership of the proceeds from narcotics trafficking, as represented to Barbarawi by an undercover law enforcement officer, while conducting a financial transaction. Specifically, Barbarawi sold a vehicle to an undercover law enforcement officer, who represented that the money used to purchase the car was drug proceeds.
Barbarawi received approximately $21,533.50 in cash from the sale of the vehicle and then caused an employee of his car dealership to fabricate a Form 8300 – Report of Cash Payments Over $10,000 Received in a Trade or Business, which falsely reported the purchaser of the vehicle and the source of the funds used to purchase the vehicle.
“IRS, Criminal Investigation focuses on the flow of money which ultimately leads us to the individual who attempts to conceal the true source of the money,” said Guy A. Ficco, Acting Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
U.S. Attorney Stewart commended the investigation of this case by the DEA and IRS, and Assistant United States Attorneys Jessica W. Knight and Karl Kadon, who are prosecuting the case.
Orthodox Jewish Rabbi Sentenced to Eight Years in Prison for Conspiring to Kidnap Jewish Husbands, Force Them to Consent to Religious DivorcesRead the Press Release
TRENTON, N.J. - An Orthodox Jewish Rabbi was sentenced today to 96 months in prison for conspiring to kidnap Jewish men in an effort to force them to give their wives religious divorces, referred to as “gets,” U.S. Attorney Paul J. Fishman announced.
Jay Goldstein a/k/a “Yaakov,” 61, of Brooklyn, New York, was previously convicted by a federal jury of Count One and Count Five of an indictment charging him with conspiracy to commit kidnapping and attempted kidnapping. Jay Goldstein was convicted following an eight-week trial before U.S. District Judge Freda L. Wolfson, who imposed the sentence today in Trenton federal court.
According to documents filed in this case and the evidence at trial:
On Dec. 1, 2009, in Lakewood, an Orthodox Jewish man, Israel Markowitz, was assaulted, placed in a van, tied up, beaten and shocked with a stun-gun until he agreed to give his wife a get.
On Oct. 16, 2010, in Lakewood, another Orthodox Jewish man, Ysrael Bryskman, was assaulted, tied up and beaten until he agreed to give his wife a get.
On Aug. 22, 2011, in Brooklyn, another Orthodox Jewish man, Usher Chaimowitz, and his roommate, Menachem Teitlebaum, were assaulted, tied up and beaten until Chaimowitz agreed to give his wife a get.
Based upon these incidents, the FBI began an undercover operation in August 2013 in which two FBI agents posed as a wife who was seeking a get from her recalcitrant husband, and her brother, who was trying to help her obtain the get. Over the next several weeks, the undercover agents had multiple recorded phone calls and in-person meetings with Mendel Epstein, 70, Lakewood, New Jersey. In those meetings, Epstein arranged to have his team kidnap the husband at a warehouse in exchange for $60,000.
On Oct. 9, 2013, Jay Goldstein, his sons Moshe Goldstein, 32, and Avrohom Goldstein, 36, and others – including Binyamin Stimler, 40, Simcha Bulmash, 32, David Hellman, 33, Sholom Shuchat, 31, all of Brooklyn, and Ariel Potash, 42, of Monsey, New York – traveled from New York to a warehouse in Middlesex County, New Jersey, to execute the planned kidnapping of the husband to force him to give the get.
They arrived at the warehouse in two dark minivans shortly after 8:00 p.m. Some of the kidnap team members put on masks and entered the warehouse office with the undercover agent posing as the brother. The remaining kidnappers walked around the outside with flashlights. Over the next 15 minutes, members of the kidnap team went in and out of the warehouse office wearing disguises, including ski masks, Halloween masks and bandanas. They discussed their plan for kidnapping and assaulting the husband, how they planned to grab him, pull him down, tie him up, and take his phone. Members of the kidnap team brought with them to the warehouse a 30-foot nylon rope, a blindfold, vodka, license plates they had switched out, and items used to ceremonially record the get. At 8:23 p.m., law enforcement moved into the warehouse office and arrested the eight men.
In addition to the prison term, Judge Wolfson sentenced Jay Goldstein to five years of supervised release.
Avrohom Goldstein, Potash, Shuchat, Moshe Goldstein, Hellman, and Bulmash have all pleaded guilty to one count of traveling in interstate commerce to commit extortion. Avrohom Goldstein and Potash were sentenced Nov. 19, 2015 to 45 and 14 months in prison, respectively. Shuchat was sentenced to time served on Nov. 19, 2015. Moshe Goldstein was sentenced Nov. 16, 2015 to 48 months in prison. Hellman and Bulmash were sentenced Nov. 17, 2015 to 44 and 48 months in prison, respectively. Martin Wolmark, 57, of Monsey, previously pleaded guilty to conspiracy to travel in interstate commerce to commit extortion and was sentenced Dec. 14, 2015 to 38 months in prison.
Epstein and Stimler were also previously convicted at trial of Count One of the indictment charging them with conspiracy to commit kidnapping. Stimler was additionally convicted on Count Five of the indictment, attempted kidnapping. Epstein and Stimler were sentenced yesterday to 120 and 39 months in prison, respectively.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel in Newark, and the Lakewood Police Department with the investigation.
The government is represented by Assistant U.S. Attorneys R. Joseph Gribko and Sarah M. Wolfe of the U.S. Attorney’s Office in Trenton.
Nurse Practitioner Sentenced for Filing False Claims with Health Insurance Companies and Identity TheftRead the Press Release
ATLANTA - Daphne Maria Patterson has been sentenced to five years and one month in federal prison for health care fraud and aggravated identity theft for filing claims with health insurance companies in which she sought reimbursement for providing medical care to patients that she never provided. Patterson stole personal identifying information from her patients and their family members so she could file more than $2 million in claims from five health insurance companies.
“This defendant was a trusted health care official who stole personal information from her patients’ and their families to enrich herself,” said U.S. Attorney John Horn. “Patterson thought nothing of defrauding health insurance companies or the effects that her scheme could have on her patients’ lives.”
“The defendant in this case displayed a complete disregard for those patients that she victimized as well as the insurance companies that she stole from. The FBI will continue to work with its various law enforcement partners to better protect health care insurance providers and their clients from this type of fraud,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
“Fraudulent actions like Ms. Patterson’s not only betrayed the trust that patients placed in her, but they also made everyone’s insurance premiums go up,” Commissioner Hudgens said. “I’m appreciative that U. S. Attorney Horn’s office diligently pursued prosecution in this case.”
According to U.S. Attorney Horn, the charges and other information presented in court: Patterson’s fraud began when she worked as a nurse practitioner for a general medical practice in Lawrenceville, Georgia. Although she was not supposed to bill insurance companies as an employee, she stole identifying information of her patients, and their family members—most of whom Patterson had not treated at all. She filed false claims with the insurer claiming to have provided various allergy tests and treatments to the beneficiaries, when in fact she had not provided these services.
Once her employment with the general medical practice ended, Patterson opened her own clinic, called Healthier U 4 Ever Complete Wellness Center in Stone Mountain, Georgia. While there, Patterson used her patients’ personal information to continue her scheme, and billed various health insurance companies for expensive allergy tests and treatments, when in fact most patients were receiving weight loss advice and assistance. In total, Patterson received more than $1 million from the health insurance companies as a result of her false claims.
Daphne Maria Patterson, 44, of Lithonia, Georgia, has been sentenced to five years, one month in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $1,153,383.76. Patterson was convicted of these charges on October 7, 2015, after she pleaded guilty.
This case was investigated by the Federal Bureau of Investigation and the State of Georgia Office of Commission of Insurance.
Assistant United States Attorney Jamie L. Mickelson prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
North Carolina Man Charged in Fraudulent U.S. Treasury Check SchemeRead the Press Release
A federal grand jury sitting in Raleigh, North Carolina, returned an indictment, which was unsealed today against a Raleigh man, charging him with one count of conspiracy to commit theft of public money and 22 counts of theft of public money, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina.
According to the indictment, in 2011 and 2012, Wilfredo Acosta Hidalgo conspired with two check cashers to cash U.S. Treasury checks issued as a result of fraudulent tax returns filed in the names of third-parties. Hidalgo provided U.S. Treasury checks ranging in value from $4,000 to $8,000 to the check cashers. These checks were issued to third parties in whose names the fraudulent tax returns were filed. The third-party payees purportedly lived in Florida, North Carolina, Virginia, Maryland, Delaware, Pennsylvania and New Jersey. The check cashers deposited the U.S. Treasury checks into their business bank accounts and then provided Hidalgo with cash equal to the value of the check minus a check cashing fee. The third-party payees were not present when the checks were cashed.
If convicted, Hidalgo faces a statutory maximum sentence of five years in prison for the conspiracy charge and 10 years in prison for each count of theft of public funds. He also faces substantial monetary penalties, supervised release and restitution.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Walker commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorneys Nathan P. Brooks and Lauren M. Castaldi of the Tax Division, who are prosecuting this case. Acting Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Eastern District of North Carolina for its assistance.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
North Carolina Man Charged in Fraudulent U.S. Treasury Check SchemeRead the Press Release
WASHINGTON – A federal grand jury sitting in Raleigh, North Carolina, returned an indictment, which was unsealed today against a Raleigh man, charging him with one count of conspiracy to commit theft of public money and 22 counts of theft of public money, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Thomas G. Walker for the Eastern District of North Carolina.
According to the indictment, in 2011 and 2012, Wilfredo Acosta Hidalgo conspired with two check cashers to cash U.S. Treasury checks issued as a result of fraudulent tax returns filed in the names of third-parties. Hidalgo provided U.S. Treasury checks ranging in value from $4,000 to $8,000 to the check cashers. These checks were issued to third parties in whose names the fraudulent tax returns were filed. The third-party payees purportedly lived in Florida, North Carolina, Virginia, Maryland, Delaware, Pennsylvania and New Jersey. The check cashers deposited the U.S. Treasury checks into their business bank accounts and then provided Hidalgo with cash equal to the value of the check minus a check cashing fee. The third-party payees were not present when the checks were cashed.
If convicted, Hidalgo faces a statutory maximum sentence of five years in prison for the conspiracy charge and 10 years in prison for each count of theft of public funds. He also faces substantial monetary penalties, supervised release and restitution.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Walker commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorneys Nathan P. Brooks and Lauren M. Castaldi of the Tax Division, who are prosecuting this case. Acting Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Eastern District of North Carolina for its assistance.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
New Orleans Man Sentenced for Interstate Transportation of Stolen VanRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FRANK MIKE, JR., age 46, of New Orleans, was sentenced today after previously pleading guilty to an Indictment charging him with interstate transportation of a stolen 2010 Dodge Caravan van from Louisiana to Georgia.
U.S. District Judge Sarah S. Vance sentenced MIKE, who had been detained in jail on the charge for 20 months, to imprisonment for time served and to a three-year term of supervised release. The Court ordered MIKE to pay restitution in the amount of $13,667.25 and a $100.00 special assessment. MIKE will remain in custody due to a state parole revocation and a hold for a pending state court trial.
According to court records, on February 19, 2014, family members reported to the St. John the Baptist Parish Sheriff’s Department that Kenneth and Lakeitha Joseph of Reserve, were missing. A relative also indicated that she loaned her 2010 Dodge Grand Caravan to the Josephs but that the van had not been returned. On February 27, 2014, the missing 2010 Dodge Grand Caravan was recovered by the Fulton County Police Department in College Park, Georgia, at an apartment complex. Investigators discovered that van had been parked at the Travelodge Hotel located in College Park. On February 21, 2014, video surveillance at the Travelodge showed MIKE driving the van into the hotel parking lot.
In March 2014, the bodies of Kenneth and Lakeitha Joseph were found in the Intercoastal Waterway in New Orleans East. The New Orleans Parish Coroner determined that their deaths resulted from drowning. Later forensic testing revealed that blood samples taken from the stolen van matched the DNA of both victims.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, the Drug Enforcement Administration, the New Orleans Police Department, the St. John the Baptist Parish Sheriff’s Office, the Fulton County Police Department, the Orleans Parish District Attorney’s Office, and the St. John the Baptist Parish District Attorney’s Office in investigating this matter. Assistant United States Attorney Michael B. Redmann was in charge of the prosecution.
New Orleans Doctors and Registered Nurse Sentenced for Roles in $50 Million Fraud SchemeRead the Press Release
WASHINGTON – Two doctors and a registered nurse were sentenced to prison today for their roles at the center of a $50 million health care fraud scheme in New Orleans.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General’s Medicaid Fraud Control Unit made the announcement.
Dr. Barbara Smith, 67, of Metairie, Louisiana; Dr. Roy Berkowitz, 69, of Slidell, Louisiana; and Beverley Breaux, 67, of New Orleans, a registered nurse, were sentenced by U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to 80 months, 64 months and 50 months in prison, respectively. Judge Vance also ordered Smith, Berkowitz and Breaux to pay $9,484,939, $4,952,816 and $2,057,179 in restitution, respectively.
Evidence introduced at trial showed that the defendants and others carried out a home health care fraud scheme in and around New Orleans through multiple companies over the course of more than 10 years. Smith and Berkowitz falsely certified that thousands of Medicare recipients were homebound and required nursing or therapy services to be provided in their homes. Breaux falsely certified that these patients were homebound and falsely claimed to have treated patients that she had not seen. From 2007 through 2014, the companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent. Medicare paid approximately $50.7 million on these claims.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General’s Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana. Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section prosecuted this case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.
New Orleans Doctors and Registered Nurse Sentenced for Roles in $50 Million Fraud SchemeRead the Press Release
Two doctors and a registered nurse were sentenced to prison today for their roles at the center of a $50 million health care fraud scheme in New Orleans.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge CJ Porter of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Dallas Regional Office and the Louisiana Attorney General’s Medicaid Fraud Control Unit made the announcement.
Dr. Barbara Smith, 67, of Metairie, Louisiana; Dr. Roy Berkowitz, 69, of Slidell, Louisiana; and Beverley Breaux, 67, of New Orleans, a registered nurse, were sentenced by U.S. District Judge Sarah S. Vance of the Eastern District of Louisiana to 80 months, 64 months and 50 months in prison, respectively. Judge Vance also ordered Smith, Berkowitz and Breaux to pay $9,484,939, $4,952,816 and $2,057,179 in restitution, respectively.
Evidence introduced at trial showed that the defendants and others carried out a home health care fraud scheme in and around New Orleans through multiple companies over the course of more than 10 years. Smith and Berkowitz falsely certified that thousands of Medicare recipients were homebound and required nursing or therapy services to be provided in their homes. Breaux falsely certified that these patients were homebound and falsely claimed to have treated patients that she had not seen. From 2007 through 2014, the companies in this scheme submitted more than $56 million in claims to Medicare, the vast majority of which were fraudulent. Medicare paid approximately $50.7 million on these claims.
This case was investigated by the FBI, HHS-OIG and the Louisiana Attorney General’s Medicaid Fraud Control Unit and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Louisiana. Trial Attorneys William Kanellis and Antonio Pozos of the Fraud Section prosecuted this case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
New Hampshire Man Sentenced on Firearms ChargesRead the Press Release
CONCORD, N.H. – Acting U.S. Attorney Donald Feith announced today that Gordon Potter, 35, formerly of Hampstead, New Hampshire, was sentenced to a term of 92 months’ imprisonment to be followed by a 3 year term of supervised release.
In August 2015, Potter pleaded guilty to a four count indictment charging him with three counts of possession of ammunition and firearms, in violation of 18 U.S.C. § 922(g)(1), and one count of being an unlawful user in possession of a firearm in violation of 18 U.S.C. § 922(g)(3). As a result of multiple prior felony convictions in New Hampshire state court, Potter was prohibited under federal law from possessing any firearms or ammunition.
According to court documents and statements made in court, on February 26, 2015, Salem Police conducted a routine traffic stop on a vehicle in which Potter was a passenger. After suspected controlled substances were observed in the vehicle, a search warrant was later obtained and law enforcement recovered a 12 gauge Mossberg shotgun; a modified Kel-Tec pistol; high capacity magazines, ammunition; four cell phones, and three laptop computers. The firearms were later determined to be stolen. Potter has remained in custody on a New Hampshire state parole violation since that date.
The case was investigated by the Salem Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives and is being prosecuted by Assistant U.S. Attorneys Debra M. Walsh and Charles L. Rombeau.
Nashville Man Convicted on Federal Fraud Charges in Connection with False Accident Claim SchemeRead the Press Release
UPDATE
The defendant in this case was granted a new trial and in August 2018 he was acquitted of the charges described below.
Jason Glynn, 41, of Nashville, was convicted yesterday by a federal jury of bank fraud, announced United States Attorney David Rivera. Glynn previously worked as a claims adjuster at Western Express, a trucking company based in Nashville, and his responsibilities including adjusting and resolving accident claims involving Western Express trucks.
During the five-day trial before U.S. District Court Chief Judge Kevin H. Sharp, the evidence demonstrated that Glynn submitted falsified paperwork to Western Express concerning false accident claims purportedly arising from automobile accidents that either never occurred or that had occurred but did not involve the named claimants. The evidence also showed that Glynn fraudulently endorsed and deposited checks issued by Western Express in connection with these false accident claims.
The jury convicted Glynn on five counts of bank fraud, and also acquitted him on three counts of the indictment, including conspiracy, mail fraud, and identity theft.
Glynn faces up to 30 years in prison for each count of conviction, and will be ordered to pay restitution to Western Express. Glynn also faces forfeiture of the proceeds of his fraud. Glynn will be sentenced by Chief Judge Sharp in 2016. The sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
Previously, two other defendants were convicted of federal felony charges in connection with this same scheme. Jamie Little, 35, of Nashville, was convicted of conspiracy to commit mail fraud earlier this year, and Leo Rice, 39, also of Nashville, was convicted of this same offense in 2013. Both will be sentenced by Chief Judge Sharp.
The case was investigated by the U.S. Postal Inspection Service. The case was prosecuted by Assistant U.S. Attorneys William F. Abely and Cecil W. VanDevender.
Murphysboro Resident Sentenced for Crack Cocaine and Methamphetamine OffensesRead the Press Release
On December 10, 2015, Isaac Jackson, 36, of Murphysboro, was sentenced for possessing and distributing crack cocaine and methamphetamine, the Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today.
Jackson, who had previously pled guilty to a three-count indictment charging two counts of distribution of crack cocaine and methamphetamine and one count of possession with intent to distribute crack cocaine, was sentenced to 151 months in federal prison, 3 years’ supervised release, and fined $750.00. Evidence at the plea and sentencing hearings established that, on February 24 and 25, 2015, Jackson sold both crack cocaine and methamphetamine to a confidential source working for law enforcement. When Jackson was arrested on February 25, 2015, he was in possession of a large amount of U.S. currency and a large amount of crack cocaine, which was packaged for distribution. Jackson received an enhanced sentence based on his classification as a Career Offender.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office and the Murphysboro Police Department. The Jackson County State’s Attorney’s Office assisted in the investigation.
The case was assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Mt. Morris Man Charged with Child Pornography and EnticementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Calvin R. Patrick, 34, of Mt. Morris, NY, was charged by criminal complaint with attempted production of child pornography, enticement of a minor, receipt and possession of child pornography. The charges carry a mandatory minimum penalty of 25 years in prison, a maximum of life and a fine of $250,000 in part because the defendant’s prior conviction involving child pornography charges.Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, law enforcement was notified by a cooperating witness who saw the contents of the defendant’s electronic tablet. The contents observed by the witness consisted of young females engaging in sexually explicit conduct. The witness also observed an image on Patrick’s Kik account that appeared to depict a nude, 14-year-old female from Florida. The witness further told law enforcement that she was aware that Patrick had been communicating with an 11-year-old from Pennsylvania and that the defendant had made comments in the past about picking up the 11-year-old and keeping her locked up within certain property so he could do what he wanted to her.
A search warrant was conducted by Livingston County Probation and Mt. Morris Police at Patrick’s apartment. Law enforcement officers seized the electronic tablet, a computer and other items. A forensic analysis determined that Patrick had been chatting on Kik with two minors under the age of 18 who resided out of state.
Patrick made an initial appearance today before U.S. Magistrate Judge Marian W. Payson and he being detained. The defendant is also currently facing additional, unrelated charges in Livingston County.
The criminal complaint was the culmination of an investigation on the part of the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent in Charge Adam S. Cohen, the Mount Morris Police Department, under the direction of Chief Ken Mignemi, the Livingston County Probation Department, under the direction of Director Lynne C. Mignemi, and the Livingston County District Attorney’s Office, under the direction of Gregory J. McCaffrey. The task force includes the Monroe County Sheriff’s Office, the Rochester Police Department, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Montgomery County Company Charged with Clean Water Act ViolationsRead the Press Release
PHILADELPHIA –Matthew Brozena, 58, of Telford, PA, and his company, MAB Environmental Services, Inc., were charged by indictment with conspiracy to violate the Clean Water Act and other offenses, announced United States Attorney Zane David Memeger. The indictment also charges the defendants with knowingly violating permit conditions, tampering with required monitoring devices and methods, and false reporting. Separate criminal informations have been filed charging James Wetzel, 63, of Harrisburg, PA, James Crafton, 61, of Upper Black Eddy, PA, and Stephen Fritz, 48, of in Harleysville, PA, with related environmental violations.
The indictment alleges that Brozena and his company, MAB Environmental Services, Inc., contracted to operate wastewater treatment plants for its customers BC Natural Chicken and Buckingham Valley Nursing Center, in compliance with permits issued by the Pennsylvania Department of Environmental Protection to those facilities. The permits allowed BC Natural and Buckingham to discharge from their wastewater treatment plants into nearby waters under specified conditions. The permit conditions included that the operators of the wastewater treatment plants properly operate and maintain the wastewater treatment plants. The permits also required that the operators test samples of the discharge from the plants for certain pollutants and report the samples and test results to the PADEP. The permits set limits for the amount of each pollutant that each facility was allowed to discharge. The charging documents allege that Brozena directed his employees at MAB, including Wetzel and Fritz, to discard samples when Brozena believed that the pollutants in the samples would exceed the permit limits. The charges also allege that, at Brozena’s direction, Wetzel, Crafton, Fritz, and other MAB employees falsely reported samples and test results.
“The EPA and its regulatory partners are dedicated to safeguarding public health,” said Jennifer Lynn, Assistant Special Agent in Charge of Environmental Protection Agency’s criminal enforcement program in Pennsylvania. “In order to fulfill that mission, it is essential that governments receive accurate test samples and measurements. This case demonstrates that those who would knowingly put public health at risk can expect to face prosecution.”
If convicted of all charges, MAB Environmental Services, Inc., faces probation and fines; Brozena faces a significant term of imprisonment, fines, and supervised release; Crafton and Fritz face prison terms and fines and supervised release; and Wetzel faces a maximum sentence of one year in prison, a fine, and supervised release.
The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division, with the assistance of the Pennsylvania Department of Environmental Protection. It is being prosecuted by Assistant United States Attorney Sarah L. Grieb and Special Assistant United States Attorney Patricia Miller.
Indictments and Informations are accusations. A defendant is presumed innocent unless and until proven guilty.
Monroe County Man Sentenced to 30 Months in Federal Prison for Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Monroe County man was sentenced to 30 months’ imprisonment by Senior United States District Judge Edwin M. Kosik in Scranton for aiding and abetting the distribution of heroin.
According to United States Attorney Peter Smith, Harry Rivera, age 39, of East Stroudsburg, pleaded guilty in July 2015 to the charges of aiding and abetting the possession with intent to distribute heroin. Rivera and another man, Joseph Crawford, age 41, of Marshalls Creek, were indicted by a grand jury in Scranton in November 2014. The charges stemmed from an incident on June 17, 2014, in Monroe County, in which investigators found approximately 97 grams of heroin within a hidden compartment in a vehicle in which Rivera and Crawford were travelling.
In addition to the prison term, Judge Kosik also ordered that Rivera be supervised by a probation officer for three years following his release from prison.
Previously, Joseph Crawford was sentenced to 37 months’ imprisonment by Judge Kosik on charges of possession with intent to distribute heroin and being a convicted felon in possession of a firearm. The firearms charge resulted from a search of Crawford’s residence in Marshalls Creek in which police seized a Glock pistol and a Smith & Wesson rifle. Crawford, who was previously convicted of a felony offense, is prohibited by law from possessing a firearm.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain Regional Police Department and the Stroud Area Regional Police Department.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
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