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25 January 2016
Former Doctor Sentenced for Illegally Prescribing Pain MedicationRead 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 Pravin Mehta, 78, of Amherst, NY, who was convicted of conspiring to illegally dispense controlled substances from his medical office by issuing prescriptions other than for a legitimate medical purpose and not in the usual course of professional practice, was sentenced to 24 months in prison by Senior U.S. District Judge William M. Skretny. The defendant was also ordered to pay a fine totaling $500,000 in addition to $125,000 previously forfeited in this case.
“In abusing his medical license, this defendant did more than harm those who relied upon him for treatment and healing,” said U.S. Attorney Hochul. “His unprofessional and disgraceful conduct turned those patients into virtual zombies, and contributed to the massive opioid crisis our entire community continues to experience to this day. Let today’s sentence be a message that we will continue to prosecute drug dealers of every type, whether they wear overcoats or white coats, and peddle their commodities on street corners or in doctor’s offices.”
Drug Enforcement Administration Special Agent in Charge James J. Hunt stated, “The 2011 investigation into crimes conducted by Dr. Mehta, and others in his practice, spearheaded similar investigations into rogue doctors throughout the country. Doctors who illegally prescribe pain medication for non-medical purposes transform their medical offices into drug dealers’ stash houses. Today’s sentencing fares a reminder of the consequences that face those rogue doctors who fuel the opioid epidemic we currently face by their illegal diversion of prescription medication.”
Assistant U.S. Attorney John E. Rogowski, who handled the case, stated that Mehta is a former physician who practiced medicine in the City of Niagara Falls. The defendant surrendered his medical license immediately after being first charged in this case in January 2011.
Mehta wrote prescriptions for narcotic pain medications, such as fentanyl, hydrocodone, oxycodone, and oxymorphone, for individuals without conducting legitimate medical examinations. In 2010, the Government sent four individuals who were part of the investigation to see the defendant at his office on 10 different occasions. On all but the last visit, Mehta issued prescriptions for controlled substance pain medication at the request of the individuals without conducting a thorough medical exam.
In addition, on four separate occasions between December 2007 and January 2010, prior to leaving the country for multiple weeks, the defendant signed blank prescriptions and directed his office manager, who was not a trained medical provider, to complete the prescription by writing in a patient’s name, type, amount, and dosage of controlled substances whenever a patient came to the office in his absence seeking pain medication. In fact, Mehta’s medical staff did not include any licensed medical professionals, such as other doctors, physician assistants, registered nurses, or licensed practical nurses.
The defendant was arrested in January 2011 along with 13 others. All 14 individuals have now been convicted and sentenced.
The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Niagara Falls Police Department, under the direction of Superintendent Bryan DalPorto, the Niagara County Sheriff's Drug Task Force under the direction of Sheriff James Voutour, the New York State Medicaid Fraud Control Unit, the New York State Bureau of Narcotic Enforcement, and the Internal Revenue Service, Criminal Investigation Division, New York Field Division under the direction of Special Agent in Charge Shantelle P. Kitchen.
Former CEO of Summit Wealth Management and Business Partner Indicted in a Multi-Million Dollar Fraud SchemeRead the Press Release
ATLANTA – Angelo Alleca and Mark Morrow have been arraigned on charges of orchestrating a multi-million dollar investment fraud scheme. The Defendants marketed several funds that were supposed to invest in certain assets/investments, such as hedge funds managed by a professional money manager or mortgage debt. According to the new indictment, they instead used the money to pay redemptions to earlier investors, to acquire and operate several businesses, and to pay personal expenses.
“These defendants are charged with stealing millions of dollars from unsuspecting investors with false promises,” said U. S. Attorney John Horn. “Their misrepresentations on how funds would be invested serves as a reminder that citizens need to be careful when choosing where to invest their hard earned money.”
“The FBI is pleased with the role that it played in bringing this matter forward for prosecution. While financial restitution to the victim investors remains an issue for another day, it is hoped that these federal criminal charges will provide some solace to those victims,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the indictment, and other information presented in court: From on or about 2004 until 2012, Alleca acted as the President and Chief Operating Officer of Summit Wealth Management, an investment adviser headquartered in Atlanta, Georgia. During that time, Alleca started several funds and falsely misrepresented that money would be invested in hedge funds and debt securities and managed by professional investment managers.
Instead of investing the money as advertised, Alleca allegedly lost a substantial portion of the funds through securities trading. In addition, Alleca improperly used the funds to operate Summit Wealth Management, make interest payments and redemptions to earlier investors, and to pay personal expenses. Morrow served as the administrator of several of the funds. During the course of the scheme, fraudulent account statements were mailed to investors showing gains, when there was no money in the funds.
In 2007, Morrow established Detroit Memorial Partners LLC, which sold promissory notes to acquire and manage cemeteries in Michigan. The indictment alleges that between 2007 and 2012, Morrow and Alleca marketed promissory notes in Detroit Memorial Partners to Summit Wealth clients in Atlanta, and throughout the country. Detroit Memorial Partners offering documents contained material misrepresentations, including that the notes would be secured by real property when in fact no security interest was ever recorded with respect to the notes. Moreover, shortly after receiving the note proceeds, Alleca and Morrow, diverted funds for improper purposes including, making interest payments and redemptions to investors in Summit Wealth Management funds and personal expenses. The indictment alleges that as a result of the Defendants fraud schemes, over 300 investors lost over $35 million dollars invested in the Summit Funds and Detroit Memorial Partners LLC.
Alleca and Morrow formed Summit Capital Trading, a registered investment advisor and broker dealer in New York and Ohio in 1997. Alleca led the Buffalo, New York office and Morrow ran the Cincinnati and Cleveland, Ohio offices.
Angelo Alleca, 46, of Buffalo, New York, and Mark Morrow, 54, of Cincinnati, Ohio, were indicted on December 15, 2015.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Jeffrey Brown is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
First Defendant to be Sentenced in Methamphetamine Distribution Conspiracy is Sentenced to 292 Months in Federal PrisonRead the Press Release
WICHITA FALLS, Texas — The first defendant to be sentenced for his role in a methamphetamine distribution conspiracy that operated in Wichita Falls, Texas, from approximately March 2014 to August 2015, was sentenced this morning by U.S. District Judge Reed C. O’Connor to a lengthy federal prison term, announced U.S. Attorney John Parker of the Northern District of Texas.
James Anthony Streadwick, 54, of Wichita Falls, was sentenced to 292 months in federal prison. He pleaded guilty in October 2015 to one count of conspiracy to distribute five grams or more of methamphetamine. Eleven of the 13 defendants charged in the case have pleaded guilty to that offense; two defendants remain fugitives. Each defendant faces a statutory penalty of at least five years and up to 40 years in federal prison and $5 million fine. Sentencing hearings are set for February 22, 2016.
According to documents filed in Streadwick’s case, between September 2014 and December 3, 2014, Streadwick received quantities of methamphetamine from supply sources in Dallas and Wichita Falls, typically obtaining the methamphetamine in multi-ounce quantities. He then sold quantities of methamphetamine to customers in Wichita Falls.
Streadwick further admitted that on December 3, 2014, when a search warrant was executed at his residence, law enforcement seized digital scales, small plastic bags, notes that reflected drug-trafficking transactions, firearms and quantities of methamphetamine.
The Wichita County District Attorney’s Office, the Wichita Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mary Walters prosecuted the case.
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Final Defendant Pleads Guilty in Connection with Extensive Counterfeit Media Conspiracy in Central ValleyRead the Press Release
FRESNO, Calif. — Miguel Angel Gomez Rebolledo, 35, of San Jose, pleaded guilty today before U.S. District Judge Lawrence J. O’Neill to conspiracy to commit criminal copyright infringement and related crimes, United States Attorney Benjamin B. Wagner announced.
Gomez Rebolledo was the last defendant to plead guilty in connection with an extensive counterfeit media scheme involving a San Jose-based warehouse and counterfeit media distribution and resale activity throughout the Central Valley of California.
According to court documents, on March 13, 2015, warehouse and office space used by the defendants was found to contain more than 120,000 counterfeit music CDs and movie DVDs. The counterfeit materials included movie titles that were in theatrical release and not yet available for legitimate sale on DVD. The counterfeit CDs and DVDs were distributed by the defendants for resale in Atwater, Modesto, Stockton, Turlock, and throughout California. Gomez Rebolledo pleaded guilty to his role in the scheme, which involved manufacturing counterfeit motion picture DVDs for distribution and resale at the office space used by Gomez Rebelledo and his co-conspirators.
The status of the remaining co-defendants in the case is as follows:
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On December 7, 2015, co-defendants Efrain Lozada Rosas, and Victor Flores Fuentes, of San Jose, and Jesus Cuevas Lopez, of Southern California, pleaded guilty to conspiracy to commit criminal copyright infringement and related crimes. They will be sentenced on April 11, 2016.
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On December 14, 2015, co-defendant Antonio Morales, of San Jose, pleaded guilty to conspiracy to commit criminal copyright infringement and related crimes. He will be sentenced on March 28, 2016.
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On December 7, 2015, co-defendant Edgar Hipatl Rodriguez, of San Jose, was sentenced by Judge O’Neill to 27 months in prison for conspiracy to commit criminal copyright infringement and related crimes.
This case is the product of an investigation by the Sacramento Intellectual Property Rights Task Force composed of the Federal Bureau of Investigation and the Sacramento County Sheriff’s Office. Assistant U.S. Attorney Henry Z. Carbajal III is prosecuting the case.
The defendants pending sentencing face a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
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Federal, State and Local Law Enforcement Collaborate to Combat Slavery and Human TraffickingRead the Press Release
CEDAR RAPIDS, IA – United States Attorney Kevin W. Techau joined forces with representatives from Homeland Security Investigations (HSI), Marion Police Department, Iowa Department of Transportation Motor Vehicle Enforcement and Cedar Rapids Gives to reinforce their commitment to combat all forms of slavery and to assist victims of this heinous crime.
President Barack Obama proclaimed January as National Slavery and Human Trafficking Prevention Month. In his proclamation, the President stated that all nations have a part to play in keeping our world safe for all people and that this month we should recognize the victims of trafficking. He further stated, “Let us resolve to build a future in which its perpetrators are brought to justice and no people are denied their inherent human rights of freedom and dignity.”
Last year the United States Attorney’s Office partnered with Iowa DOT Motor Vehicle Enforcement to bring awareness to this issue. They engaged truck drivers at two Waterloo truck stops to discuss the criminal enterprise of human trafficking. This was in support of the Truckers Against Trafficking (or TAT) initiative. TAT is a nonprofit organization created to bring education, awareness and empowerment to truck drivers across the nation to spot and report signs of human trafficking.
U.S. Attorney Kevin W. Techau stated during a press conference held at the Marion Police Department, “Human trafficking threatens lives globally and even happens in our state. It happens every minute of every day. Traffickers are sophisticated and use force, fraud or coercion to lure victims and then force them into labor or commercial sexual exploitation. These vulnerable victims need to be identified and rescued.” He further noted, “In addressing this scourge, we work best when we work together, and I thank our federal, state and local partners and Cedar Rapids Gives for joining us today to address this issue, not only during the investigative stage, but also providing the essential services after the investigation is complete.” Techau offered a special thank you to Christi Geisler, herself a victim-survivor of human trafficking, for sharing her thoughts.
Highlighted during the press conference was the U.S. Department of Homeland Security’s (DHS) Blue Campaign. “HSI investigates international and domestic cases of human trafficking and provides support to victims,” said Acting Special Agent in Charge William Lowder of HSI St. Paul. “Our special agents accomplish this through the use of our unique authorities and expertise stripping away the traffickers’ assets and profit incentives, and working with U.S. and foreign partners to attack networks worldwide and working in partnership with non-governmental organizations to identify, rescue, and provide assistance to trafficking victims.” Informational material used in the Blue Campaign was made available. To learn more visit: http://www.dhs.gov/blue-campaign.
Marion Police Chief Harry R. Daugherty stated, “We recognize that this crime is not confined by geo/political boundaries.” He further noted that, “This is why the Marion Police Department has taken a pro-active approach by crossing jurisdictional lines and working with other agencies, to bring justice to victims and by holding offenders responsible for their crimes.”
Chief David Lorenzen with Iowa DOT Motor Vehicle Enforcement serves on the Truckers Against Trafficking (TAT) national board and has been active in addressing this issue within the state. “It was common sense that thrust Iowa into becoming active in fighting this hideous criminal nightmare. Our officers take this initiative seriously and interact with trucker drivers and concerned citizens daily. We believe this program will have a positive impact.”
Lorenzen recounted a recent tragic trafficking event involving a woman taken from the Des Moines area and trafficked at a truck stop in Virginia. A truck driver working for a company training its drivers with TAT materials made a call to authorities when he saw something suspicious. His awareness was the result of his company’s culture and its commitment to train their drivers to be on the lookout for possible trafficking. As a result of that call, the victim was rescued and the traffickers, also from the Des Moines area, were arrested and eventually convicted and sentenced to 40 years in prison. Chief Lorenzen concluded his comments stating, “We welcome the opportunity to enhance partnerships as we move forward.” Visit TAT at: http://www.truckersagainsttrafficking.org.
The President of Cedar Rapids Gives, Teresa Davidson, an NGO in Iowa with a mission to provide prevention, rescue and restoration to victims and survivors of sex and labor human trafficking, stated, “While it is critical to have law enforcement and legislation to investigate, rescue and prosecute these cases, it is also important to provide the specific and unique services survivors of human trafficking require.” Cedar Rapids Gives is in the process of changing its name to “Iowa Stops Traffik” and is applying for a government grant to increase the amount of support and services it can provide human trafficking survivors in seven Iowa counties around Cedar Rapids. The organization’s website is: www.cedarrapidsgives.org.
Christi Geisler, herself a victim-survivor of human trafficking, spoke about how she was victimized and the signs law enforcement should look for when they come across a possible victim who might be too scared to seek help. She also noted how these victims can be further victimized within the judicial system when there is a lack of understanding. Geisler stated she was lucky to have a strong family support system when she was rescued, but not all victims have such support. Governmental and private support is essential for a successful return to normal life.
To learn more about victimization of this heinous crime and services that are available, visit DOJ’s Office of Justice Programs “Office for Victims of Crime” found at http://ovc.ncjrs.gov/humantrafficking/, and public service announcements:
http://www.dhs.gov/video/out-shadows-psa
http://ovc.ncjrs.gov/humantrafficking/publicawareness.html
Follow us on Twitter @USAO_NDIA.
Federal Jury Convicts Tinley Park Physician in Medicare Fraud SchemeRead the Press Release
CHICAGO — A physician at Chicago-based Mobile Doctors was convicted on federal fraud charges today for falsely certifying patients as confined to their homes as part of a scheme to defraud Medicare.
After a four-day trial in federal court in Chicago, the jury convicted DR. BANIO KOROMA on two counts of healthcare fraud and two counts of making false statements related to health care matters. Dr. Koroma, 66, of Tinley Park, worked for Mobile Doctors, which contracted with physicians to arrange in-home visits for patients in Illinois, Michigan, Indiana and other states. Mobile Doctors, which closed in 2013, was located at 3319 N. Elston Ave., in Chicago.
Evidence at trial revealed that Dr. Koroma certified patients as confined to their homes when they were not actually home-bound and did not require the skilled-nursing services that he had ordered. One of the patients testified at trial that she was able to leave her home and could visit her primary-care physician for office visits, even though Dr. Koroma was certifying her as confined to the home. Dr. Koroma’s false certifications cost Medicare more than $45,000 for this patient alone, according to evidence at trial.
The healthcare fraud counts each carry a maximum sentence of ten years in prison, while the false statement counts are each punishable by up to five years. U.S. District Judge John J. Tharp Jr. scheduled a sentencing hearing for June 2, 2016, at 1:00 p.m.
The investigation was carried out by the Medicare Fraud Strike Force, which consists of agents from the Federal Bureau of Investigation and the U.S. Department of Health and Human Services, and prosecutors from the U.S. Attorney’s Office and the Justice Department’s Fraud Section. The strike force is part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative between the Department of Justice and HHS to prevent fraud and to enforce anti-fraud laws around the country.
The investigation previously resulted in the conviction of DIKE AJIRI, who served as Mobile Doctor’s chief executive officer. Ajiri, of Wilmette, pleaded guilty in October 2015 to one count of healthcare fraud. He admitted fraudulently increasing Medicare bills for in-home treatment that was shorter and less complicated than the claims indicated. The improper billing – known as “upcoding” – defrauded Medicare and the Railroad Retirement Board of approximately $1,854,000, according to Ajiri’s plea agreement. Ajiri faces a maximum sentence of ten years in prison when Judge Tharp sentences him on April 19, 2016, at 2:00 p.m.
The jury verdict against Dr. Koroma 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 Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General. The Railroad Retirement Board Office of Inspector General is also participating in the case.
The government is represented by Assistant United States Attorneys Stephen Chahn Lee and Eric Pruitt. To report health care fraud or to learn more about HEAT, logon to: StopMedicareFraud.gov.
Federal Court Bars Florida Man from Owning Tax Preparation Business and from Preparing Federal Tax Returns for OthersRead the Press Release
A Former Franchisee of “LBS Tax Services” and Owner of “AWA Tax Services” Allegedly Operated Fraudulent Tax Preparation Businesses
A federal court in Miami, Florida, has permanently barred Wilfrid Antoine of Lake Worth, Florida, from preparing federal tax returns for others and from owning or operating a tax return preparation business, the Justice Department announced today.
The civil injunction order, to which Antoine agreed, was signed by Judge Donald M. Middlebrooks of the U.S. District Court for the Southern District of Florida.
The United States filed its civil injunction and disgorgement complaint against Antoine in September 2014. The complaint alleged that return preparers in Antoine’s businesses targeted primarily low-income customers with deceptive and misleading advertisements, prepared and filed fraudulent tax returns to fraudulently increase their customers’ refunds, and profited through unconscionable, exorbitant and often undisclosed fees—all at the expense of their customers and the U.S. Treasury.
According to the complaint, Antoine owned and operated AWA Tax Inc., a corporation that operated seven tax return preparation stores in Florida. Those stores allegedly operated as “LBS Tax Services” in 2013 and began operating as “AWA Tax Services” in 2014. The complaint alleged that Antoine’s preparers engaged in fraudulent activity, including:
- Falsely claiming the Earned Income Tax Credit;
- Claiming improper filing status (i.e. head of household for married individuals);
- Fabricating businesses and related business income and expenses;
- Fabricating Schedule A deductions, such as unreimbursed employee business expenses;
- Falsely claiming the fuel tax credit; and
- Charging deceptive and unconscionable fees;
According to the complaint, Antoine was a franchisee of LBS Tax Services. Since September 2014, the United States has filed nine similar lawsuits in Florida against the former LBS Tax Services franchisor Walner Gachette and 12 former LBS franchisees and managers, many of whom rebranded and have continued to operate tax preparation businesses. The franchisees and managers include Douglas Mesadieu, Jean Demesmin, Kerny Pierre-Louis, Demetrius Scott, Jason Stinson, Tonya Chambers, Jehoakim Victor, Lauri Rodriguez, Milot Odne, Alexander Baraz and Christopher Lawrence. The United States has also sued Kenneth Aikens, who worked for Lawrence as a tax preparer and manager before Aikens assumed ownership of several tax return preparation stores. In the complaint against Lawrence and Aikens, the government alleges that both men have taken steps to mask their ownership of the businesses.
To date, Jean Demesmin, Odne, Chambers, Scott, Pierre-Louis, Victor and Lauri Rodriguez have agreed to preliminary injunctions barring them from tax return preparation. The U.S. District Court for the Central District of Florida, following a motion by the United States, entered a preliminary injunction barring Mesadieu from tax return preparation. A preliminary injunction motion to bar Stinson from tax return preparation is pending.
Return preparer fraud was one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2015. The IRS has some tips on their website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Everett Man Arrested for Masked Armed Bank RobberyRead the Press Release
BOSTON – An Everett man appeared in federal court today in connection with his alleged armed robbery of the TD Bank in Allston in November 2015.
Joseph G. Rachal, 64, was arraigned today in U.S. District Court in Boston and charged with armed bank robbery, carrying a firearm during the commission of a crime of violence, and being a previously convicted felon in possession of a firearm and ammunition. U.S. District Court Magistrate Judge Marianne B. Bowler scheduled a detention and probable cause hearing for Jan. 28, 2016 at 11:00 a.m.
According to court documents, on Nov.19, 2015, an individual later identified as Rachal, allegedly entered the TD Bank in Allston wearing a dark rubber mask. Rachael approached two tellers, brandished a semi-automatic weapon, and demanded money. The tellers gave Rachal $2,397 and he fled the bank.
Law enforcement officers arrived within minutes of the robbery and observed a man hiding behind a parked SUV one block from the bank. After the officers identified themselves, the man fled carrying a black nylon bag. The man was caught and after a brief struggle and identified as Rachal. The officers found an active radio scanner on Rachal which was tuned to the Boston Police radio frequency. The black bag contained a 9mm Glock semi-automatic pistol with one chambered round and a magazine containing 14 additional rounds, an extra magazine containing 15 rounds of 9mm ammunition, a dark rubber mask, gloves, a tan jacket, and $2,397.
Bank surveillance cameras confirmed that the items recovered from Rachal’s bag were consistent with those used during the robbery.
The charge of armed bank robbery provides for a sentence of no greater than 25 years in prison, five years of supervised release and a fine of $250,000. The charge of being a felon in possession provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of brandishing a firearm during the commission of a violent crime provides for a mandatory sentence of seven years to be served consecutive to the other charges. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Evans, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz’ Major Crimes Unit.
Eufaula Woman Pleads Guilty to Wire FraudRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced KAY ANN FARROW, age 69, of Eufaula, Oklahoma, pled guilty to WIRE FRAUD, in violation of Title 18, United States Code, Section 1343, punishable by not more than 20 years imprisonment, up to a $250,000.00 fine or both.
The Indictment alleged that on or about July 11, 2014, in Eufaula, Oklahoma, in the Eastern District of Oklahoma and elsewhere, KAY ANN FARROW, for the purpose of executing the scheme, caused to be transmitted by means of wire communication in interstate commerce writings, signs, signals, pictures, and sounds. It further alleged that on or about July 16, 2014, in Eufaula, Oklahoma, in the Eastern District of Oklahoma and elsewhere, the Defendant, for the purpose of executing the scheme, caused to be transmitted by means of wire communication in interstate commerce writings, signs, signals, pictures, and sounds. A Forfeiture Allegation is also included in the Indictment.
The charges arose from an investigation by the Eufaula Police Department and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.
Assistant United States Attorney Kristin Harrington represented the United States.
Des Moines Man Sentenced to Prison for Involvement in Methamphetamine Conspiracy and Firearm OffensesRead the Press Release
COUNCIL BLUFFS, IA – On January 19, 2016, Manuel Montejano Pinon, 47, of Des Moines, Iowa, was sentenced by Senior United States District Court Judge James E. Gritzner to 164 months in prison for conspiring to distribute methamphetamine and 60 months in prison for possessing a firearm in furtherance of drug trafficking, announced Acting United States Attorney Kevin E. VanderSchel. The two prison terms were ordered to be served consecutively.
Pinon pled guilty to the charges on September 23, 2015. According to the plea agreement, Pinon was involved in a conspiracy to distribute methamphetamine in the Southern District of Iowa. As part of the conspiracy, Pinon delivered money from the sale of methamphetamine to the methamphetamine suppliers. Pinon also possessed a firearm to further his involvement in drug trafficking.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Derby Man Admits Participating in Steroid and Prescription Narcotic Distribution ConspiracyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that FRANK PECORA, 54, of Derby, pleaded guilty today in Hartford federal court to one count of conspiracy to distribute and to possess with intent to distribute oxycodone.
According to court documents and statements made in court, a long-term investigation led by the Federal Bureau of Investigation, Drug Enforcement Administration and Homeland Security Investigations revealed that Steven Santucci, a former Newtown Police sergeant, and others were receiving shipments of steroid ingredients from China and manufacturing and distributing wholesale quantities of steroids. The investigation also revealed that certain members of the conspiracy were distributing prescription pills, including oxycodone, as well as cocaine.
In pleading guilty, PECORA admitted that he conspired with others to distribute oxycodone, cocaine, morphine, and anabolic steroids. PECORA, a previously convicted felon, further admitted that he unlawfully possessed two .308 caliber rifles and two 12 gauge shotguns.
During the course of the investigation, law enforcement officers seized hundreds of vials of steroids, approximately 600 grams of raw testosterone powder, approximately 350 grams of powder cocaine, and several firearms, including the firearms that PECORA possessed.
PECORA has been detained since his arrest on April 29, 2015. He is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny on April 15, 2016, at which time he faces a maximum term of imprisonment of 20 years.
On December 9, 2015, Santucci pleaded guilty steroid distribution and money laundering offenses. He awaits sentencing.
This matter is being investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, Homeland Security Investigations, with the assistance of the U.S. Marshals Service, U.S. Postal Inspection Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being prosecuted by Assistant U.S. Attorneys Rahul Kale and Robert M. Spector.
Danbury Flooring Company Owner Sentenced to Prison for Tax EvasionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DAVID BENINCASA, 35, of Danbury, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to three months of imprisonment, followed by two years of supervised release during which BENINCASA must spend six months in home confinement, for tax evasion. Judge Chatigny also ordered BENINCASA to pay a $15,000 fine and perform 120 hours of community service.
According to court documents and statements made in court, DAVID BENINCASA and his brother, Scott Benincasa, were 50 percent owners in Goodhouse Flooring, LLC, a business that provides floor installation and flooring products to retail and commercial customers. DAVID BENINCASA assisted Scott Benincasa with the daily operations of the business, but had primary responsibility for the financial aspects of the business. For the 2008 through 2010 tax years, the brothers intentionally understated gross receipts from their business on the Schedule C attached to their respective federal personal income tax filings. During those years, the brothers failed to accurately report the expenses incurred in running their business, as they paid certain laborers who worked for their business in cash and then failed to reflect the cash payments on their filed returns.
Prior to sentencing, DAVID BENINCASA paid $238,274 in back taxes, plus applicable interest and penalties.
On October 28, 2015, DAVID BENINCASA pleaded guilty to one count of tax evasion and Scott Benincasa, 32, of Danbury, pleaded guilty to one count of filing false tax returns.
On January 21, 2016, Scott Benincasa was sentenced to three years of probation, six months of home confinement and 120 hours of community service. He also was ordered to pay a $15,000 fine and $47,076 in back taxes, plus applicable interest and penalties.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division and was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Culloden man latest prosecuted as part of heroin-dealing familyRead the Press Release
HUNTINGTON, W.Va. – A Culloden drug dealer who sold heroin with his family from his home was sentenced today in federal court to three and a half years in prison, announced Acting United States Attorney Carol Casto. Sanford Dale Cremeans, 45, previously pleaded guilty to distribution of heroin in October of 2015.
From early 2014 to May of 2015, Sanford Dale Cremeans and his wife, Toni Cremeans, along with their son, Shawn Cremeans, conspired to sell heroin from their residence at 2246 3rd Street in Culloden. On December 2, 2014, a confidential informant working with law enforcement contacted Shawn Cremeans to arrange a heroin purchase. The informant traveled to the Cremeans’ residence and met with Shawn and Sanford Cremeans while they waited for Toni Cremeans to arrive with additional heroin. Once Toni Cremeans arrived, the informant paid Shawn Cremeans and received the heroin from Sanford Cremeans. Sanford Cremeans admitted that he assisted in the sale of heroin from the family residence on numerous other occasions and was responsible for the distribution of up to 100 grams of heroin.
Toni Cremeans previously pleaded guilty to distribution of heroin and faces up to 20 years in federal prison and a $1 million fine when she is sentenced on March 28, 2016. Shawn Cremeans previously pleaded guilty to aiding and abetting the distribution of heroin and also faces up to 20 years in federal prison and a $1 million fine when he is sentenced on March 7, 2016.
The Huntington FBI Drug Task Force and Cabell County Sheriff’s Department conducted the investigation of the Cremeans family. Assistant United States Attorney Joseph F. Adams is in charge of the prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentence.
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 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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Crownpoint Man Pleads Guilty to Federal Assault Charges Arising from Ax AttackRead the Press Release
ALBUQUERQUE – Edwin C. Johnson, 36, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault charges. Under the terms of his plea agreement, Johnson will be sentenced to a prison term within the range of 108-120 months followed by a term of supervised release to be determined by the court.
Johnson was arrested on Dec. 9, 2015, on a criminal complaint charging him with assault with a dangerous weapon. According to the complaint, Johnson assaulted his girlfriend, a San Carlos Apache woman, with an ax on Dec. 7, 2015. The victim suffered a gash about four centimeters long and bloody discharge from both ears; she also experienced cranial pressure and swelling. Because the victim’s injuries were life threatening, she was flown by helicopter to the trauma hospital at the University of New Mexico Hospital in Albuquerque.
Johnson was subsequently indicted on Dec. 17, 2015. Johnson is charged with assault with a dangerous weapon, an ax, with intent to do bodily harm, assault resulting in serious bodily injury, and attempt to commit murder. The indictment alleged that Johnson committed the crime on Dec. 7, 2015, in Indian Country in McKinley County, N.M.
During today’s proceedings, Johnson pled guilty to all three charges. Johnson remains in custody pending sentencing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney David Adams.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Court of Appeals Affirms Conviction and Sentence in Mortgage Rescue SchemeRead the Press Release
CONCORD, New Hampshire - United States Attorney Emily Gray Rice announced that the United States Court of Appeals for the First Circuit in Boston, Massachusetts affirmed Michael Prieto's New Hampshire conviction and 72 month sentence for committing mail fraud by organizing and managing a fraudulent mortgage rescue scheme. Prieto's crime grew out of the mortgage crisis in the mid and late 2000s and involved defrauding distressed homeowners out of their properties and then obtaining money by lying on subsequent mortgage applications to strip equity from these properties.
On appeal, the First Circuit rejected Prieto's argument that the government improperly charged him with a single, overarching fraud count. The Court concluded that the government's single charge against Prieto was appropriate because the charge reflected the "multi-faceted [and] complex scheme" that Prieto devised. The Court also denied Prieto's claim that the government had not presented sufficient evidence of Prieto's intent to commit fraud. In this regard, the Court concluded that "there was ample support to find that Prieto was both the conductor and a musician in an orchestrated fraud that worked for a while only because it was fraud." Finally, the Court determined that there was sufficient evidence that the lies Prieto placed in mortgage applications were important to the bank's decision to issue loans. As the Court noted, lies about a mortgage applicant's stated income and the planned use for the property (i.e., primary residence vs. investment property) are important pieces of information to a bank because they have a natural tendency to influence a bank's loan decision.
United States Attorney Rice remarked: "This was an important victory for the government. Individuals engaged in fraudulent mortgage rescue schemes took advantage of honest homeowners at their most vulnerable time. People like the defendant, who seek to leverage people's economic distress into personal gain, must be held accountable. Prieto's long sentence, which was affirmed by the Court of Appeals, will hopefully send a strong deterrent message that this kind of conduct will not be tolerated."
Prieto's appeal was defended by Assistant United States Attorney Seth R. Aframe. The underlying investigation was conducted by the Federal Bureau of Investigation and the Postal Inspection Service. The case was prosecuted in the trial court by AUSA Michael Gunnison and AUSA Mark Zuckerman.
Council Bluffs Man Sentenced to Prison for Felon in Possession of a Firearm ChargeRead the Press Release
COUNCIL BLUFFS, IA – On January 19, 2016, Zachary M. Henderson, 38, of Council Bluffs, Iowa, was sentenced by Senior United States District Court Judge James E. Gritzner to 60 months in prison for a felon in possession of a firearm and possessing a firearm while subject to a domestic violence protective order charge, announced Acting United States Attorney Kevin E. VanderSchel. Henderson was ordered to serve three years of supervised release following his prison term and to pay $100 towards the Crime Victims’ Fund. Henderson was also ordered to forfeit the firearm involved in the offense.
According to the plea agreement, on April 3, 2015, Henderson possessed a loaded handgun that was discovered during a traffic stop conducted by the Council Bluffs Police Department. Prior to April 2015, Henderson was convicted of a felony offense and he was subject to a domestic violence protective order.
This matter was investigated by the Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Convicted Sex Offender Sentenced to 180 Months in Federal Prison on Federal Child Pornography ConvictionRead the Press Release
DALLAS — Erick Fernando Duarte, 59, of Garland, Texas, was sentenced this morning by U.S. District Judge David C. Godbey to 180 months in federal prison, following his guilty plea in August 2015 to one count of possession of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
Duarte has been in federal custody since his arrest in May 2015.
According to documents filed in the case, in April 2014, a detective with the Garland Police Department received information from the National Center for Missing and Exploited Children (NCMEC) that child pornography had been uploaded to an AOL account by a specific AOL email user. Based on this, subscriber information, and information reported on his updated sex offender registry, Duarte was identified as the user.
A search warrant was secured and executed for Duarte’s residence and cell phone. A review of his cell phone and other media revealed that he had more than 1200 images of child pornography, including images of prepubescent children involved in sex acts, on his cell phone. Duarte admits that some of the images depicted sadistic and/or violent content.
Duarte was convicted in the 265th Judicial District Court of Dallas County, Texas, in October 1995, for the felony assault of Sexual Assault of a Child.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI and the Garland Police Department investigated the case. Assistant U.S. Attorney Camille Sparks was in charge of the prosecution.
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Columbus Man Pleads Guilty to Filing False Tax Returns While in Federal PrisonRead the Press Release
COLUMBUS, Ohio – Malek B. Aliane, 34, previously of Columbus, pleaded guilty in U.S. District Court to mail fraud and presenting false claims to the Internal Revenue Service (IRS).
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Guy A. Ficco, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, James Vanderberg, U.S. Department of Labor Office of Inspector General, and Assistant Inspector in Charge Christopher White of the U.S. Postal Inspection Service’s (USPIS) Cincinnati Field Office, announced the plea entered into today before U.S. District Judge Gregory L. Frost.
According to court documents, from 2013 through 2015, while in federal prison or on supervised release, Aliane filed false personal forms and tax returns with the IRS. He filed six returned in total which claimed false tax refunds through fraudulent federal income tax withholdings. Aliane created fictitious W-2 and 1099 forms setting forth large federal tax withholding amounts.
In 2013 and 2014, while in prison, Aliane mailed paper returns to the IRS. In 2015, while on supervised release, he electronically filed the returns.
Three false Forms 1040 and/or Forms 1040X for the tax years 2012, 2013 and 2014 claimed a total of $94,133.87 in bogus refunds. The other three were false Forms 1120 for Aliane’s business, MB Aliane Real Estate, LLC, for the years 2012, 2013 and 2014 claiming $422,185.00 in false refunds.
Also, from February 1, 2015, through June 23, 2015, the defendant used personal identification information of other individuals in order to file false, fictitious and fraudulent unemployment insurance (UI) applications with the Ohio Department of Job and Family Services (ODJFS) upon the purported employer account of JLB Financial Group.
On May 12, 2015, Defendant Aliane registered the fictitious employer account of JLB Financial Group with the ODJFS. This employer account was registered with backdated liability dates and no contributions having been paid. Seven individuals were listed as employees of JLB Financial Group with wages from the first quarter of 2014 through the first quarter of 2015; however, those seven individual employees, all were incarcerated before and during the aforementioned wage period. None of them ever actually worked for JLB. Seven individual UI claims were filed on the business account, and the government contends that the potential unemployment benefits to be paid on those claims totals $77,168
Aliane faces a potential maximum sentence of 20 years for mail fraud and five years for presenting false claims to the IRS.
U.S. Attorney Stewart commended the cooperative investigation by the IRS-CI, Department of Labor and USPIS, as well as Assistant United States Attorney Daniel Brown, who is representing the United States in this case.
Columbus Man Convicted for Attempted Carjacking at GunpointRead the Press Release
Darius Harbin, age 21, of Columbus, Georgia was convicted following a week-long jury trial on January 25, 2016, for attempted carjacking and brandishing a firearm during a crime of violence. Following his conviction for these offences, Mr. Harbin then entered a guilty plea for possession of a firearm by a convicted felon in connection with the same incident. The Honorable Clay D. Land, United States District Court judge for the Middle District of Georgia presided over the trial in Columbus.
On May 24, 2014, after getting off work, the victim pulled into a gas station about 3 a.m. While pumping gas, he was accosted by Mr. Harbin at gunpoint. The victim was instructed to remove his hand from his pocket as well as the gas pump from his vehicle. Mr. Harbin told the victim he would shoot him in the head if he did not comply. The victim managed to wrestle the gun from Mr. Harbin during an almost eight minute struggle which ensued before the police arrived.
Sentencing is scheduled for June 21, 2016 at 3:30 p.m. in Columbus. Mr. Harbin is facing up to life imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Columbus Police Department. Assistant United States Attorney Crawford Seals is prosecuting the case on behalf of the Government.
Inquiries regarding this case should be directed to Pamela Lightsey, United States Attorney’s Office at (478) 621-2603.
California Man Sentenced to Prison for Money Laundering and Conspiracy to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, IA – On January 19, 2016, Michael Arnold Ramirez, 32, of Los Angeles, California, was sentenced by Senior United States District Court Judge James E. Gritzner to 147 months in prison for conspiring to distribute methamphetamine and money laundering to conceal drug proceeds, announced Acting United States Attorney Kevin E. VanderSchel.
According to Ramirez’s plea agreement, Ramirez was involved in a conspiracy to distribute methamphetamine in the Southern District of Iowa. As part of the conspiracy, in April of 2015, Ramirez traveled from California to Iowa for the purpose of transporting drug proceeds back to California. Ramirez also concealed the drug proceeds in order to disguise the location and source of the proceeds of the drug conspiracy.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Iowa Division of Narcotics Enforcement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Broward Resident Arrested in Connection with Jamaica Based Lottery ScamRead the Press Release
A Broward County resident was arrested and charged in a criminal complaint in connection with a Jamaica based lottery scam.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Delany De-Leon Colon, Acting Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, announce the arrest of Delroy Drummond, 25, of Broward County, for his role in a Jamaica based telemarketing fraud scheme. Drummond had his initial appearance today in federal court and his pre-trial detention hearing is scheduled on Thursday, January 28, 2016 at 10:30 a.m. before U.S. Magistrate Judge Lurana S. Snow.
More specifically, the complaint charges Drummond with mail fraud, in violation of Title 18, United States Code, Section 1341, and wire fraud, in violation of Title 18, United States Code, Section 1343. If convicted, Drummond faces a maximum statutory sentence of twenty years in prison.
According to the criminal complaint, beginning in or about April 2015, Drummond’s co-conspirators are alleged to have contacted elderly victims in the United States and falsely informed them that they had won a lottery. According to the complaint, the co-conspirators told victims they had to pay several thousand dollars in taxes and fees in order to collect their purported lottery winnings. The co-conspirators then allegedly instructed the victims on how to send this money, and to whom, including to Drummond.
In September 2013, Drummond was contacted in Miami, Florida, by law enforcement regarding a package, which was sent through the mail, containing money from a victim of this fraud. At that time, Drummond was confronted with the fact that he was participating in a lottery fraud scheme and was warned by law enforcement to stop receiving money from victims of telemarketing fraud.
In April 2015, Drummond obtained money wired to him under a fictitious name from a victim who was falsely told they had won a $2.5 million lottery prize. Drummond, according to the criminal complaint, further used a fraudulent identification in order to receive these funds. Moreover, in May 2015, Drummond obtained money wired to him under a fictitious name from another victim who was falsely informed they had won a lottery prize. After receiving the money, Drummond was approached by a police officer and fled through the inside of the retail store, pushing carts and an individual out of his way. Between April 2015 and December 2015, Drummond received numerous packages containing money via the United States Mail, Federal Express, and United Parcel Service from multiple victims throughout the United States.
Mr. Ferrer commended the investigative efforts of the U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Marshals Service, Broward Sheriff’s Office Narcotics Interdiction Task Force and the Miami-Dade Police Department Economic Crimes Unit. The case is being prosecuted by Assistant United States Attorney Randy Katz.
A criminal complaint is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
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.
Brooklyn Park Landlord and Property Management Company Agree to Pay Victim for Violating the Fair Housing ActRead the Press Release
United States Attorney Andrew M. Luger today announced that the federal government and a housing discrimination victim have entered into an agreement with a Brooklyn Park landlord and a property management company to settle allegations that they violated the federal Fair Housing Act (“FHA”) by refusing to allow the victim to keep her support animal at Huntington Place Apartments because the support animal was a pit bull. The alleged violations included: requiring the victim to purchase liability insurance for her support animal; requiring the victim to make her support animal wear a vest identifying it as a support animal; demanding excessive medical information; and refusing to renew the victim’s lease based on the breed of her support animal.
Under the terms of the agreement, filed in the form of a consent decree on Friday, January 22, 2016, the defendants, Brooklyn Park 73rd Leased Housing Associates, LLC; Dominium Management Services, LLC; Susan Meyer; and Gina Estrem will pay $35,000 to the housing discrimination victim. The defendants, who are the landlord, management firm, and two employees, were sued by the U.S. Attorney’s Office on May 18, 2015.
Pursuant to the consent decree, the defendants will be enjoined from: refusing to rent or discriminating in the terms, conditions and privileges of a dwelling of because of a person’s disability; refusing to make reasonable accommodations that may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling; and coercing, intimidating or interfering with a person’s use and enjoyment of a dwelling on account of having exercised a right granted by the FHA. In addition, they will adopt a reasonable accommodation policy for Huntington Place Apartments, which specifies that assistance animals are not considered “pets” under Huntington Place Apartment’s policies, and will display fair housing materials and include the words “Equal Housing Opportunity Provider” in advertising materials. Defendants and certain employees and agents will also attend an educational training program regarding the FHA and its disability discrimination provisions.
In its complaint, the federal government alleged that the defendants learned in February 2013 that a tenant had a pit bull in her apartment at Huntington Place Apartments, which included pit bulls in a prohibited breed policy. The victim requested the reasonable accommodation of being allowed to keep her dog, named “King,” as a “support animal” pursuant to the FHA. The defendants required additional medical information and maintained that the victim should get rid of King and replace him with a dog of a different breed. After receiving two letters from a psychologist and one from a social worker that verified the victim’s need to retain King, the defendants threatened eviction. The defendants’ attorney ultimately interviewed the victim’s psychologist in a phone call in which the psychologist reiterated the importance of King and the victim’s relationship with that specific dog to her well-being and recovery.
The defendants subsequently allowed the victim to keep King, but required her to purchase insurance for King, make him wear a vest identifying him as an emotional support animal, keep King leashed at all times and execute an indemnity agreement. The victim complied with the defendants’ requirements, but the defendants still demanded that she leave at the end of her initial lease term only because of the breed of her support animal.
The victim filed a discrimination complaint with the U.S. Department of Housing and Urban Development (“HUD”), alleging housing discrimination based on disability. HUD investigated the complaint and, on April 14, 2015, issued a charge of discrimination against the defendants, alleging they had engaged in discriminatory housing practices based on disability in violation of the FHA. This case arose from that charge.
“The Fair Housing Act requires landlords to make reasonable accommodations for people with disabilities, including allowing support animals that would be prohibited if they were simply pets. When tenants exercise the right to keep support animals, the FHA prohibits landlords from retaliating or discriminating against them,” said Assistant U.S. Attorney Craig Baune, who represented the United States in the matter.
The FHA prohibits discrimination in housing of the basis of race, color, religion, sex, familial status, national origin and disability. Civil Rights enforcement is a priority of the U.S. Department of Justice (“DOJ”), and individuals who believe they have been victims of housing discrimination should call the Housing Discrimination Tip Line (1-800-896-7743), email DOJ at [email protected], or contact HUD at 1-800-669-9777.
The underlying case is United States of America, et al v. Brooklyn Park 73rd Leased Housing Associates, LLC, et al, Civil No. 15-2489 (PJS/SER). Assistant U.S. Attorney Craig Baune represented the United States in this court action. The victim intervened and was represented by Mawerdi Hamid and Lael Robertson of Mid-Minnesota Legal Aid. The claims settled by this agreement are allegations only; there has been no determination of liability.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Bronx Man Sentenced on Federal Drug Conspiracy ChargeRead the Press Release
Contact: Joel B. Casey
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Anthony Gomez, a/k/a “Tone”, 35, of Bronx, New York, was sentenced at the U.S. District Court in Bangor, Maine to a term of imprisonment of three years and five months and a 3 year term of supervised release for conspiracy to possess with the intent to distribute and distribute oxycodone.
According to court records, between January 2012 and March 2012, Gomez conspired with Maurice McCray and others in Waterville, Maine and surrounding communities to distribute and possess with intent to distribute oxycodone. Gomez was one of McCray’s New York sources of supply for oxycodone. Gomez is the twenty-third person to be convicted and sentenced in the federal investigation into drug distribution in the Waterville, Maine area. He was arrested following an 18 month long fugitive investigation by the U.S. Marshal’s Service.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency with assistance from the Waterville, Maine Police Department.Boston Mafia Associate Pleads Guilty to Idaho Gun ChargeRead the Press Release
BOISE- Enrico M. Ponzo, a/k/a Jay Shaw, a longtime fugitive from Boston, Massachusetts, who posed as a rancher while living on the run in Marsing, Idaho, pleaded guilty this afternoon in the U.S. District Court in Boise to unlawful possession of firearms, U.S. Attorney Wendy J. Olson announced.
According to the plea agreement, Ponzo admitted that on February 8, 2011, he knowingly possessed 33 firearms after having been convicted of felony assault and battery on a public employee.
Ponzo was arrested by the FBI and the U.S. Marshals in Marsing, Idaho, in February 2011, 16 years after he fled Boston. After his arrest in Idaho, he was returned to Boston to face numerous charges. In November 2013, following a seven-week-trial, Ponzo was found guilty of racketeering conspiracy, the 1989 attempted murder of Francis P. Salemme, Sr., and the 1994 attempted murder of Joseph Cirame, both of whom were shot and seriously injured. The jury found Ponzo guilty of murder conspiracy in aid of racketeering, firearm possession in relation to murder conspiracy, conspiracy to distribute more than 500 grams of cocaine, conspiracy to distribute more than 1,000 kilograms of marijuana, conspiracy to use extortionate means to collect a debt, use of extortionate means to collect a debt, unlawful flight to avoid prosecution, money laundering conspiracy, money laundering, and attempted witness tampering. U.S. District Court Judge Nathaniel M. Gorton sentenced Ponzo to 28 years in prison to be followed by three years of supervised release.
Sentencing in the Idaho case is set for April 14, 2016, before Senior U.S. District Judge Edward J. Lodge.
The charge of unlawful possession of firearms is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release.
The case was investigated by the Treasure Valley Metro Violent Crime Task. The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The Treasure Valley Metro Violent Crime Task Force assisted the Greater Idaho Fugitive Task Force in apprehending Ponzo. The Greater Idaho Fugitive Task Force is comprised of the U.S. Marshals Service, the Ada and Canyon County Sheriff’s Offices, and the Boise and Nampa City Police Departments.
Bangor Woman Pleads Guilty to Drug Trafficking ConspiracyRead the Press Release
Contact: Chris Ruge
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Tiffany Sutherland, 30, of Bangor, Maine, pleaded guilty today in U.S. District Court to conspiracy to distribute and to possess with intent to distribute heroin, cocaine, and cocaine base.
According to court records, from April to October, 2014, Sutherland conspired with others to receive drugs from out of state and then distribute those drugs in Maine. As part of the conspiracy, Sutherland would locally sell heroin and cocaine base (commonly known as “crack”), and would remit proceeds from those sales to one of her coconspirators.
Sutherland faces between five and 40 years in prison, a $5,000,000 fine, and between four years and a lifetime of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine Drug Enforcement Agency; the Bangor Police Department; and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Vanessa Guadalupe Munoz-Mungaray, 25, of Tuscon, Ariz., pleaded guilty today to a heroin trafficking charge in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Munoz-Mungaray was arrested on a criminal complaint charging her with a heroin trafficking offense after the DEA seized approximately 3.55 kilograms (7.37 pounds) of heroin from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque on July 21, 2015. The heroin was contained in eight bundles that were concealed in false compartments inside Munoz-Mungaray’s luggage. Munoz-Mungaray was subsequently indicted on Aug. 11, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Munoz-Mungaray pled guilty to possession of heroin with intent to distribute and admitted that on July 21, 2015, she possessed 2.99 net kilograms of heroin, which were wrapped in bundles and concealed in false compartments in her luggage while traveling through Albuquerque on the Greyhound Bus. Munoz-Mungaray further admitted that she was paid to transport the narcotics to New York.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
23 January 2016
Wounded Knee Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 20, 2016, by U.S. District Court Judge Roberto Lange.
Berdell Shot, age 32, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Shot was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 9, 2015. He pled guilty on November 17, 2015.
Between June 16, 2015, and August 25, 2015, Shot, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Shot was immediately turned over to the custody of the U.S. Marshals Service.
Wagner Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wagner, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Jarrod W. Zephier, age 37, was indicted on January 12, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Zephier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Yankton Sioux Tribal Police and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Zephier was released on bond pending trial. A trial date has been set for March 22, 2016.
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on January 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jon Dillon, age 27, was sentenced to 4 months in custody, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Dillon was charged on August 31, 2015, and pleaded guilty on September 18, 2015.
The conviction stems from Dillon, who was serving part of his sentence on home confinement after a federal conviction in 2013, leaving his residence without permission.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Dillon was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Men Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that two Pine Ridge, South Dakota, men convicted of Third Degree Burglary were sentenced on January 19, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Edward Two Hawk, age 22, and Troy Weston, Jr., age 21, were sentenced to time served, two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $4,250 in restitution.
Two Hawk and Weston were charged on April 16, 2013. Two Hawk pleaded guilty on September 18, 2015, and Weston pleaded guilty on September 21, 2015.
The conviction stems from Two Hawk and Weston breaking into a shed at Pine Ridge and stealing several items, including a TV, a DVD player, a refrigerator, movies, heaters, amplifiers, extension cords, a guitar, and a buffalo head.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Pine Ridge Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced on January 14, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Edwin Grass, Sr., age 30, was sentenced to time served, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Grass was indicted for the charge on January 22, 2014. Grass pleaded guilty on September 11, 2015.
The conviction stems from Grass having unwanted sexual contact with a sleeping female on June 5, 2013, at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
North Dakota Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dickinson, North Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Heather Buchanan, age 20, was sentenced to time served, three years of supervised release, and a $100 special assessment to the Federal Criminal Victims Fund.
Buchanan was indicted for conspiracy to distribute methamphetamine by a federal grand jury on November 19, 2014. She pled guilty on August 19, 2015.
On September 22, 2014, Buchanan conspired and agreed with other persons, including co-defendant Susan Land, to intentionally distribute 83 grams of methamphetamine to South Dakota.
This case was investigated by the Unified Narcotics Enforcement Team, United States Department of Drug Enforcement, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 20, 2016, by U. S. District Judge Roberto Lange.
George Scott, age 30, was sentenced to one year and one day in custody, 5 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Scott was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 9, 2015. He pled guilty on November 17, 2015.
Between June 22, 2015, and July 31, 2015, Scott, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington and Todd County.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Scott was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Sentenced to 100 Months for Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of Sexual Abuse was sentenced on January 14, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cameron Shon One Horn Kills in Water, age 39, was sentenced to 100 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
One Horn Kills in Water was indicted for Sexual Abuse by a federal grand jury on May 19, 2015. He pled guilty on September 11, 2015.
On May 3, 2015, in Kyle, One Horn Kills in Water sexually assaulted an intoxicated female without her consent.
This case was investigated by the Federal Bureau of Investigations. Assistant U.S. Attorney Megan Poppen prosecuted the case.
One Horn Kills in Water was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Pleads Not Guilty to Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Denver, Colorado, man has been indicted by a federal grand jury on two counts of Sexual Abuse of a Minor.
Ronlee Philemonof, a/k/a Ronlee Doyle Randall, age 28, was indicted on February 18, 2015. He appeared before U.S. Magistrate Judge Daneta Wollman on January 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction on each count is up to 15 years in custody and/or a $250,000 fine, 5 years up to lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an incident that occurred on May 11, 2013, where Philemonof illegally engaged in sexual acts with a minor.
The charge is merely an accusation and Philemonof is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigations. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Philemonof was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 22, 2016.
Box Elder Woman Sentenced for Possession with Intent to Distribute MethRead the Press Release
United States Attorney Randolph J. Seiler announced that a Box Elder, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on January 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sheila Marie Buchholz, age 45, was sentenced to 51 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Buchholz was indicted for possession with intent to distribute methamphetamine by a federal grand jury on November 19, 2014. She pled guilty on September 21, 2015.
On October 22, 2014, law enforcement executed a search warrant on Buchholz’s residence. Law enforcement seized a total of 309 grams of methamphetamine. Buchholz acknowledged the meth was hers.
This case was investigated by the Unified Narcotics Enforcement Team, United States Department of Drug Enforcement, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Buchholz was immediately turned over to the custody of the U.S. Marshals Service.
22 January 2016
Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Deborah R. Gilg announced that on January 22, 2016, Tiara A. Blanco-Liggins, 24, was sentenced to four years and three months, (51 months), in prison for possession with intent to distribute a mixture or substance containing methamphetamine in Lincoln on February 16, 2015. Following the prison term, Blanco-Liggins will serve four years on supervised release.
On February 16, 2015, Lincoln Police officers went to a Lincoln apartment looking for another person who was wanted on an outstanding warrant. Blanco-Liggins allowed the officers to come into the apartment. Officers saw a small amount of marijuana. When asked if there were any other drugs in the apartment, Blanco-Liggins and her co-defendant, Anthony Harris, produced additional marijuana. In the process of showing officers the marijuana, Harris opened a cabinet in which officers also saw a bag containing methamphetamine. A search warrant was obtained for the apartment, and officers found a total of more than 160 grams of a substance containing methamphetamine, approximately two ounces of marijuana, over $1,300 in cash, a handgun, a shotgun, and ammunition.
Harris was sentenced in September of 2015 to 37 months for possession with intent to distribute methamphetamine and a consecutive five years, (60 months), for possession of a firearm in furtherance of a drug-trafficking crime.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Two Northern California Women Charged in Fraudulent Tax Refund SchemeRead the Press Release
SACRAMENTO, Calif. — Denna Chambers, 33, of Woodland, and Starsheka Mixon, 32, of Pinole, have been arrested for a scheme to submit false claims to the government for fraudulent tax refunds, United States Attorney Benjamin B. Wagner announced.
On Thursday, January 14, 2016, a federal grand jury returned a 16-count indictment charging Chambers and Mixon with conspiracy to submit false claims and submitting false, fictitious or fraudulent claims.
According to court documents, between January 2011 and June 2013, Chambers and Mixon obtained the names and personal identifying information of other persons and used this information to file false federal income tax returns. The tax returns included false statements about the taxpayers’ income, dependents, occupations, and entitlement to tax credits. In all, approximately 178 false income tax returns requesting more than $900,000 in fraudulent refunds were submitted as part of this scheme. Mixon is also charged with submitting a false claim for a tax refund in connection with her personal tax return.
This case is the product of an investigation by the IRS Criminal Investigation. Assistant United States Attorney Shelley D. Weger is prosecuting the case.
If convicted of the conspiracy to submit false claims each defendant faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. If convicted of submitting false claims, each defendant faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Twin Cities Man Sentenced to 57 Months in Prison for Conspiracy, Fraud, and Illegally Buying and Selling Tobacco ProductsRead the Press Release
United States Attorney Andrew M. Luger and the Minnesota Department of Revenue-Criminal Investigation Division today announced the sentencing of RASHID FEHMI IBRAHIM, 40, for conspiracy, mail fraud and the illegal purchase and transport of tobacco products. The defendant pleaded guilty on June 8, 2015, before Judge Susan R. Nelson in U.S. District Court in St. Paul, Minn., to one count of Conspiracy to Commit Mail Fraud and Wire Fraud, five counts of Mail Fraud, one count of Conspiracy to Ship, Transport, Receive, Possess, Sell, Distribute and Purchase Contraband Smokeless Tobacco, and six counts of Shipment, Transport, Receipt, Possession, Sale, Distribution and Purchase of Contraband Smokeless Tobacco.
According to his guilty plea and documents filed in court, between 2007 and 2011, IBRAHIM purchased approximately $4,300,000 of untaxed Other Tobacco Products (“OTP”) from out-of-state tobacco wholesalers such as ISA Chicago Wholesale, Inc. (“ISA”) and shipped them to Minnesota. The defendant purchased the OTP free of any state taxes and intended to resell it without paying any state taxes in Illinois, Minnesota or elsewhere. IBRAHIM knew he was not a licensed distributor, manufacturer or carrier and, therefore, was unauthorized to purchase, sell, distribute, possess or receive smokeless tobacco products.
According to his guilty plea and documents filed in court, IBRAHIM used various aliases and addresses to conceal his OTP purchases and used private interstate contract carriers to ship the products from the wholesaler to Minnesota where IBRAHIM stored them in rented storage units. After receiving the shipment of OTP, IBRAHIM would illegally resell the products to retail establishments and other OTP traffickers in Minnesota. IBRAHIM purposely evaded the payment of state taxes and is ordered to pay a total of $3,048,109.39 in restitution to the state of Minnesota.
This case is the result of a joint investigation conducted by the Minnesota Department of Revenue-Criminal Investigation Division and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was prosecuted by Assistant U.S. Attorney Benjamin Langner.
Defendant Information:
RASHID FEHMI IBRAHIM, 40
San Juan, Puerto Rico.
Convicted:
- Conspiracy to Commit Mail Fraud and Wire Fraud, 1 count
- Mail Fraud, 5 counts
- Conspiracy to Ship, Transport, Receive, Possess, Sell, Distribute and Purchase Contraband Smokeless Tobacco, 1 count
- Shipment, Transport, Receipt, Possession, Sale, Distribution and Purchase of Contraband Smokeless Tobacco, 6 counts
Sentenced:
- 57 months in prison
- 3 years supervised release
- $3,048,109.39 in Restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Tribunal de Nueva Jersey Prohíbe Permanentemente a un Hombre de Florida Preparar Declaraciones De Impuestos Para TercerosRead the Press Release
Un tribunal federal de Nueva Jersey ha prohibido en forma permanente a una preparador de declaraciones de impuestos del Sur de Florida preparar declaraciones de impuestos a la renta federales para terceros, anunció hoy el Departamento de Justicia.
La orden judicial civil también prohíbe a Felix Taveras Santos, individualmente y a través de su empresa Latino Tax LLC, realizar actividades de preparación de declaraciones de impuestos en el futuro. Santos, quien actualmente vive en Doral, Florida, aceptó la presentación del mandamiento judicial; sin embargo, no admitió los alegatos de la demanda civil entablada en su contra.
De acuerdo con la demanda, Santos y su empresa ubicada en Atlantic City, Nueva Jersey, prepararon declaraciones de impuestos falsas e improcedentes durante los períodos de presentación de declaraciones de 2010 a 2014. El Servicio de Impuestos Internos [Internal Revenue Service (IRS)] auditó 43 declaraciones de impuestos federales preparadas por Santos o uno de sus empleados, y las auditorías resultaron en un ajuste del 80 por ciento de dichas declaraciones y un déficit total de impuesto a la renta de alrededor de $100.000, de acuerdo con la demanda. La demanda alegó que Santos y sus empleados infravaloraron las obligaciones tributarias de sus clientes o exageraron sus reembolsos indebidamente al:
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reclamar créditos tributarios para hijos, incluyendo hijos que vivían fuera de los Estados Unidos;
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declarar exenciones por dependientes, por ejemplo, para clientes sin manera de comprobar que mantenían a sus hijos; y
- utilizar categorías incorrectas de declaración del contribuyente, tales como soltero o cabeza de familia para clientes casados.
El mandamiento judicial exige que Santos le entregue a los Estados Unidos una lista de sus clientes desde 2010 y envíe una copia del mandamiento judicial a todos los clientes para los que él y Latino Tax LLC prepararon declaraciones de impuestos a partir de 2010.
El fraude de preparación de declaraciones de impuestos es uno de los Doce ardides tributarios sucios de 2015 del IRS. En su portal en Internet, el IRS incluye algunos consejos para elegir un preparador de declaraciones de impuestos. En la última década, la División de Impuestos ha obtenido mandamientos judiciales contra cientos de preparadores de declaraciones de impuestos inescrupulosos y promotores de ardides tributarios. Hay información disponible sobre estos casos en el portal del Departamento de Justicia. Se puede encontrar aquí una lista de personas prohibidas de preparar declaraciones de impuestos y personas que promovieron ardides tributarios. Si usted cree que alguna de las personas o empresas prohibidas podrían estar violando un mandamiento judicial, por favor comuníquese con la División de Impuestos para brindar información.
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Three Defendants Plead Guilty to Role in Major Heroin Ring with Links to PhiladelphiaRead 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 Pedro Juan Rivera Reyes, 31, Jean Carlos Alvarez Dejesus, 29, both of Rochester, NY, and Edwin Montanez, 27, of the Bronx, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci to conspiracy to distribute heroin. The charges carry a maximum sentence of 40 years in prison, a fine of $5,000,000, or both.Assistant U.S. Attorney Douglas E. Gregory, who is handling the case, stated that in 2015 the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Rochester Police Department conducted a multi-agency investigation into a significant Philadelphia-based heroin trafficking organization. The organization regularly supplied large quantities of heroin to a Rochester distribution network. The investigation, which included the use of court approved eavesdropping warrants (wiretaps), revealed that members of the Philadelphia organization regularly provided quantities of heroin for re-sale on the streets of Rochester, using several cars that were equipped with hidden compartments. The Philadelphia organization provided heroin that was prepackaged, stamped and ready for immediate distribution once it arrived.
In May 2015, 11 members of the organization were arrested and charged by criminal complaint in connection with the investigation. To date, five defendants have been convicted.
The pleas are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the Rochester Police Department, under the direction of Chief Michael Ciminelli, the Monroe County District Attorney’s Office, under the direction of Sandra Doorley, the Greater Rochester Area Narcotics Enforcement Team (GRANET), the Monroe County Sheriff’s Department, under the direction of Sheriff Patrick O’Flynn, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division, and the Pennsylvania State Police.
Springfield Area Business Owner, Son Sentenced for $5.5 Million Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the owner of several Springfield, Mo., area restaurants and his son were sentenced in federal court today, in two separate but related cases, for their roles in a more than $5.5 million bank fraud scheme.
Bruce Swisshelm, 69, of Battlefield, Mo., and his son, Bruce Swisshelm II, 44, of Springfield, were sentenced in separate appearances before U.S. District Judge Stephen R. Bough. Swisshelm was sentenced to one year and one day in federal prison, and ordered to pay $5,492,853 in restitution. Swisshelm II was sentenced to four weeks in custody and five years of probation and ordered to pay $100,000 in restitution.
Swisshelm was the owner of Horned Frog Deli, Inc., and Swisshelm Properties, Inc. These corporations, which specialized in the restaurant industry, owned and developed commercial properties in Springfield and elsewhere. Swisshelm owned and operated Burger King restaurants, Macaroni Grill restaurants, San Francisco Oven restaurants, McAlister’s Deli restaurants, Ebbett’s Field restaurants and a Fog City Coffee restaurant. Swisshelm II served as the president for Swisshelm Properties.
On July 22, 2015, Swisshelm pleaded guilty to bank fraud and money laundering; Swisshelm II pleaded guilty to misprision of a felony.
Swisshelm admitted that he submitted false financial documents to Great Southern Bank in order to receive four commercial loans, totaling $5,592,583, from February to June 25, 2011. The bank relied on the false information provided within the financial statements submitted by Swisshelm when it approved the commercial loans.
Swisshelm submitted financial statements to the bank that claimed his businesses earned a net income of more than $780,000 in 2010. Tax documents submitted by Swisshelm to the Internal Revenue Service revealed those businesses had losses that exceeded $1.8 million in 2010.
Swisshelm II admitted that he knew about his father’s bank fraud scheme. He was personally involved in the communications with Great Southern Bank, attended meetings at the bank and signed bank documents related to the issuance of the commercial loans. After Great Southern Bank had issued the loans, Swisshelm II was made aware of his father’s fraud scheme. Swisshelm II was made aware that financial statements submitted to the bank by his father were false. Despite possessing this knowledge, Swisshelm failed to notify authorities.
Swisshelm II admitted that he helped conceal his father’s crime after he became aware of the fraud scheme and delayed the fraud being reported to authorities by Great Southern Bank.
These cases were prosecuted by Assistant U.S. Attorney Patrick Carney. They were investigated by the FBI and IRS-Criminal Investigation.
Sixth Conspirator Admits to the Robbery of an Owings Mills Jewelry StoreRead the Press Release
Baltimore, Maryland – Sorhib Omonov, age 27, of Baltimore, Maryland, pleaded guilty today to a robbery conspiracy, in connection with the robbery of a jewelry store.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation, Baltimore Field Office; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, Omonov was part of a conspiracy to rob an Owings Mills jewelry store. Specifically, on January 15, 2013, Omonov was present at the home of a co-conspirator while that person and other conspirators prepared for the robbery. Omonov was aware that the plan was to commit the robbery of a jewelry store.
According to court documents, a co-conspirator devised a plan to commit an armed robbery of a jewelry store, and recruited Marat Yelizarov, Igor Yasinov, Peter Magnis, Grigoriy Zilberman and Aleksey Sosonko to participate in the robbery. Prior to the robbery, the conspirators gathered intelligence, including conducting surveillance and attaching a GPS device to the car of an employee of the jewelry store in order to learn the employee’s travel routine and habits. Zilberman also exploited his friendship with the employee to obtain information about the operation of the jewelry store and the habits of the employee.
According to Omonov’s plea agreement, on January 15, 2013, Zilberman enticed the employee to visit his home, in order to alert the other co-conspirators of the employee’s whereabouts. In the early morning hours of January 16, Omonov and Yelizarov drove to Zilberman’s home in order to alert the other conspirators of the employee’s departure. Yelizarov and Omonov followed the employee from Zilberman’s home for a while, and notified the other conspirators of the employee’s location so they could follow the employee. Yelizarov and Omonov continued to drive around the area while Yasinov, Magnis, Sosonko and another co-conspirator driving in a rental car obtained by Yasinov, used a law enforcement-type light bar and a loudspeaker to impersonate a police officer and pull over the employee. Brandishing firearms, Yasinov, Magnis, Sosonko and the other co-conspirator removed the employee from his car, bound and blindfolded the employee, put him into the trunk of his own car, and drove him to a predetermined location. Once at the location, Yasinov, Magnis, Sosonko and the co-conspirator continued to brandish firearms and threatened to kill the employee’s family if he did not comply with their demands or if he reported the incident to police. The employee complied and at approximately 3:52 a.m., Sosonko and a co-conspirator drove the employee’s vehicle from the remote location to the jewelry store. Yasinov and Magnis stayed with the employee.
After the four other conspirators abducted the employee, Omonov and Yelizarov drove to the area of the jewelry store. Yelizarov dropped Omonvo off a few hundred yards from the store to act as a “look-out” and notify the co-conspirators if he saw any signs of law enforcement. Sosonko and the other co-conspirator entered the jewelry store and stole jewelry, stones, and watches, valued at about $500,000, then drove back to the remote location. Omonov was in regular phone contact with three of his co-conspirators, including those who held the employee at gunpoint and those who robbed the jewelry store.
After the robbery, Omonov returned to the home of one of the co-conspirators where he viewed the stolen jewelry along with other co-conspirators. One of the co-conspirators subsequently gave Omonov $1,000 cash, proceeds from the sale of some of the stolen jewelry, for his part in the conspiracy.
Omonov’s sentencing is scheduled for March 25, 2016, at 10:00 a.m. before U.S. District Judge J. Frederick Motz.
Grigoriy (Greg) Zilberman, age 24, of Owings Mills, Maryland, and Peter Aleksandrov Magnis, age 27, of Hydes, Maryland, Igor Yasinov, age 26, of Baltimore, and Marat Yelizarov, age 28, of Pikesville, Maryland and Aleksey Sosonko, age 35, of Owings Mills, previously pleaded guilty to their roles in the robbery conspiracy and are awaiting sentencing.
United States Attorney Rod J. Rosenstein praised the FBI, Baltimore County Police Department, and Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Paul E. Budlow and Aaron S. J. Zelinsky, who are prosecuting the case.
Six Defendants Sentenced to Prison for Operating a “Pill Mill” in Lilburn, GeorgiaRead the Press Release
ATLANTA – Larry Webman, Randy Webman, Dara Webman, Dr. George Williams, George Borbas, and Liz Gaitan have been sentenced for illegally selling and distributing prescriptions for opiate-based narcotics and other controlled substances to addicts and drug dealers under the guise of a pain clinic in the Lilburn, Georgia area. The Webman brothers were the pain clinic owners. Dara Webman was an office manager and the daughter of Randy Webman. Dr. George Williams was a physician at the clinic. George Borbas was a patient and recruiter for the clinic. Liz Gaitan was a clinic employee.
“Larry, Randy, and Dara Webman came to Georgia for the sole purpose of profiting from the illicit prescribing of prescription narcotics to addicts and drug dealers, without regard to the safety and well-being of our community,” said U.S. Attorney John Horn. “Once here, they employed the services of an unscrupulous doctor and an employee with no medical training to issue bogus prescriptions for painkillers. The abuse of prescription drugs in Georgia unfortunately has led to record levels of overdoses and addiction as well as a disturbing resurgence in heroin use by people who transition from abusing prescription pain killers to using heroin.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division, commented, “The success of this investigation illustrates how DEA and the law enforcement community are committed to stopping prescription drug abuse which continues to plague this country. These Pill Mill operators will spend well-deserved time in prison.”
“It is our goal as financial investigators to assist our law enforcement partners in dismantling organizations conspiring to illegally distribute and dispense large amounts of prescription meds without a legitimate medical purpose,” stated Veronica F. Hyman-Pillot, Special Agent in Charge, IRS-Criminal Investigation. “The sentence today does not negate the lives that were potentially ruined due to this scheme. However, it does illustrate that IRS Criminal Investigation, along with our law enforcement partners, are committed to pursuing individuals who violate the public trust and enrich themselves financially at the expense of others.”
“I’m incredibly grateful to our Federal and out of State partners who worked hand in hand with our agency to mitigate a substantial risk to our community. Peace and harmony has been restored to our business corridor where the Pain Clinic once illegally operated. We are grateful that justice has been served and that the illegal dispensing of pain medications have been eradicated from our City. These actions are due to the dedicated work from the Lilburn Police Department, DEA, IRS, NC State Bureau of Investigation, and the U.S. Attorney’s Office for the Northern District of Georgia,” said Lilburn Police Chief Bruce Hedley.
“We will always work with our law enforcement partners to combat the illegal sale and use of prescription pills that continue to harm society,” said B.W. Collier, Director, North Carolina State Bureau of Investigation.
According to U.S. Attorney Horn, the charges and other information presented in court: From approximately February 2012 through January 2013, Larry Webman and Randy Webman operated an illegal enterprise, variously known as Premier Medical Management, Inc.; Premier Pain Management, Inc.; Premier Pain Management; and Premier Pain Management and Physical Therapy, located in Lilburn, Georgia. Dara Webman worked at the clinic as an office manager handing out prescriptions for narcotic opiates to customers in exchange for cash payments ostensibly collected for office visits.
Larry Webman and Randy Webman managed and controlled the clinic. Though neither had any medical training, they often directed the decisions of the clinic’s physician, Dr. George Williams, with respect to prescribing controlled substances. The clinic saw as many as 60 customers a day, each paying between $250 and $350 a visit. These customers almost always left with a prescription for controlled substances, which often included Oxycodone, a highly addictive painkiller. The clinic’s customers regularly traveled long distances to obtain prescriptions for controlled substances. Most hailed from outside the state, including North Carolina, Kentucky, Tennessee, Ohio, South Carolina, and Florida. Dr. George Williams saw a customer only at the initial visit, at which time he conducted a brief examination.
When customers made return visits, they rarely saw the clinic’s physicians, but instead obtained additional prescriptions for controlled substances based solely upon an exam by Liz Gaitan, a clinic employee with no medical authority to do so. On at least one occasion, Dara Webman mailed opiate prescriptions to undercover officers posing as customers.
George Borbas sponsored the visits of numerous customers to the clinic in exchange for receiving a portion of the prescription pills the customers were ultimately prescribed. Almost all customers paid cash. Larry Webman and Randy Webman personally used that money to promote the clinic’s ongoing illegal activity by, for example, purchasing an on-site MRI machine.
United States District Judge Steve C. Jones sentenced the defendants in this case as follows:
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Larry Webman, 68, of Hollywood, Florida, pleaded guilty to drug trafficking conspiracy and engaging in a money laundering conspiracy, and was sentenced to ten years in prison, three years of supervised release, and a $100,000 fine.
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Randy Webman, 62, of Hollywood, Florida, pleaded guilty to drug trafficking conspiracy and engaging in a money laundering conspiracy, and was sentenced to eleven years in prison and three years of supervised release.
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Dr. George Williams, 48, of Duluth, Georgia, pleaded guilty to drug trafficking conspiracy, and was sentenced to seven years in prison, and five years of supervised release.Williams Dr. Williams has also agreed to forfeit his State of Georgia Physician's License
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Dara Webman, 31, of Hollywood, Florida, pleaded guilty to using the mail to illegally distribute drugs, and was sentenced to one year, six months in prison, and one year of supervised release.
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George Borbas, 54, of Raleigh, North Carolina, pleaded guilty to drug trafficking conspiracy, and was sentenced on December 29, 2015, to five years, ten months in prison.
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Liz Gaitan, 29, of Lawrenceville, Georgia, pleaded guilty to wire fraud, and was sentenced to four years in prison, three years of supervised release, and $525 in restitution.
This case was investigated by the Drug Enforcement Administration, Internal Revenue Service Criminal Investigation, the Lilburn Police Department, and the North Carolina State Bureau of Investigation.
Assistant United States Attorneys Laurel R. Boatright, C. Brock Brockington, and Katherine Terry prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
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 home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
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Sex Trafficker Who Used Drugs to Control Victims Sentenced to 30 YearsRead the Press Release
ALEXANDRIA, Va. – Robert Everett Bonner, Jr., aka Ace, 34, of Fredericksburg, was sentenced today to 360 months in prison for sex trafficking by force, fraud, and coercion. Bonner was also sentenced to five years of supervised release, ordered to pay $317,750 in restitution to his victims, and ordered to forfeit $400,250.
Bonner pleaded guilty on July 2, 2015. According to court documents, Bonner was a leader of an interstate sex trafficking venture that prostituted over 55 women in at least seven states, and thus is the largest sex trafficking venture ever discovered in the Eastern District of Virginia. Bonner and his co-conspirators recruited victims from Internet websites by calling the victims and promising a better life. For example, he falsely promised various victims that he would permit them to keep a substantial portion of the money that they earned from prostitution.
Bonner specialized in sex trafficking women who had substance abuse issues and he used this to manipulate them. Bonner would sometimes get victims addicted to drugs, such as heroin, and then withhold those drugs until the victims performed commercial sex acts and gave him the proceeds. Bonner often intentionally allowed victims to experience severe symptoms of drug withdrawal as a means of punishing and controlling victims. If the victims balked at his demands, Bonner simply cut off the drug supply, which caused most victims to become compliant.
Bonner’s actions resulted in the death of a 21 year-old victim known as “Laurabeth.” On July 25, 2013, Bonner instructed a co-conspirator to deliver a fentanyl patch to Laurabeth. From this patch, Laurabeth absorbed a lethal dose of Fentanyl. She died in the hotel room from which Bonner was prostituting her.
In addition to using drug addictions to control victims, Bonner also used force and other forms of coercion to maintain control over victims. For example, Bonner often isolated women from their families and from each other to prevent them from leaving and to render them helpless. With his size and demeanor, he also intentionally intimidated victims to ensure that they continued to prostitute and provide their prostitution proceeds to him. On one occasion, Bonner ordered a co-conspirator to beat one victim. He also frequently confiscated victims’ identification documents and victims’ cellular telephones (because they often contained the contact information of victims’ family members who might help them escape). Bonner also had a habit of anally sodomizing victims forcibly as a means of inflicting pain and punishing them.
A co-conspirator, Michael Anthony Randall, also known as “Divine tha Victorious Mack,” previously pleaded guilty and was sentenced to 25 years in prison.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement, Sheriff David P. Decatur of the Stafford County Sheriff’s Office, and Colonel Edwin C. Roessler, Jr., Chief of the Fairfax County Police Department, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Michael J. Frank and Special Assistant U.S. Attorney Kathryn A. Kimball prosecuted the case. The Spotsylvania County Sheriff’s Office, the Henrico County Police, and the Stafford County Commonwealth Attorney’s Office also assisted in the investigation.
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. 1:14-CR-425.
Second Canadian Marijuana Trafficker Receives Life SentenceRead the Press Release
SYRACUSE, NEW YORK – Gaetan "Gates" Dinelle, age 42, of Cornwall, Ontario, was sentenced yesterday to life imprisonment for running a drug trafficking organization that made more than $10 million in profits in a single year.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, Drug Enforcement Administration.
Dinelle and co-defendant Michael C. "Mickey" Woods were convicted following a six-day jury trial in July 2015, which was presided over by Senior United States District Judge Norman A. Mordue. Judge Mordue sentenced Woods to life imprisonment on January 14, 2016.
The evidence at trial proved that Dinelle assisted Woods in running a vast international marijuana operation from Cornwall, Ontario, Canada, which operated from about 2005 until 2008. During the trial in federal court in Syracuse, witnesses testified that Woods procured large quantities of marijuana from his sources in Canada, and with Dinelle, arranged for it to be smuggled across the border into the United States. Couriers selected and supervised by Woods and Dinelle delivered the marijuana to buyers throughout the Eastern United States.
The prosecution of Dinelle, which began with an indictment in November 2008, involved the extradition of 15 people from Canada, including Woods and Dinelle, in one of the largest uses of the extradition treaty between the two countries in a single case.
"Gaetan Dinelle supervised a massive drug trafficking organization and, like his boss, Mickey Woods, was sentenced accordingly," stated U.S. Attorney Richard S. Hartunian. "Our resolve to bring cross-border criminals to justice is reflected in this lengthy and successful case, which is the product of great cooperation between agencies on both sides of the border."
DEA Special Agent in Charge James J. Hunt stated, "Two defendants, Mickey Wood and Gaetan Dinelle, were both sentenced to life imprisonment within a week apart. These sentencings are indicative of the successful law enforcement collaboration entailed with the dismantlement of Mickey Woods’ multi-million dollar marijuana trafficking ring that operated on the Northern Border. I commend our Canadian, federal, state and local counterparts who worked on this investigation."
Between 2006 and February 2008, law enforcement officers seized approximately $2 million dollars in currency representing proceeds of marijuana trafficking and approximately 400 kilograms (nearly 1,000 pounds) of marijuana from couriers working for Woods and Dinelle.
Evidence during the trial included law enforcement estimates that the Woods organization distributed more than 22,000 pounds of high-grade marijuana with gross wholesale receipts of approximately $47 million.
This case was investigated primarily by the Drug Enforcement Administration and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Carl G. Eurenius. The Criminal Division’s Office of International Affairs Acting Associate Director, Lisa Roberts, and former International Affairs Specialist Benjamin Kurland provided significant assistance throughout the extradition stage of the prosecution.
Seabrook Woman Sentenced to Home Confinement for Social Security, Food Stamp, and Medicaid FraudRead the Press Release
CONCORD, N.H. – Beverly Eaton, 57, of Seabrook, who pleaded guilty to one count of Social Security Fraud and four counts of Making False Statements on September 28, 2015, was sentenced today to three years of probation, including six months of home confinement, and was ordered to pay $51,189.70 in restitution to the Social Security Administration and $11,235.36 to the New Hampshire Department of Health and Human Services, announced United States Attorney Emily Gray Rice.
Eaton started receiving Food Stamps and Medicaid in 2008, and Social Security disability benefits in February 2009. Eligibility for each of these benefits programs is based, in part, on the applicant having limited income and resources. At the time she applied for benefits and at subsequent reviews to assess continuing eligibility, Eaton failed to disclose that she owned two pieces of real estate, each with an assessed value of over $30,000, and instead, falsely reported that she did not own any real estate. Her ownership of these properties would have rendered her ineligible to receive any Supplemental Security Income benefits, Food Stamps, or Medicaid. Eaton concealed her ownership of these properties from the Social Security Administration and from the New Hampshire Department of Health and Human Services from the time of her applications in 2008 until her fraud was uncovered by an investigation in October 2014. As a result of her concealment and false statements, Eaton received $62,425.06 in disability benefits, Food Stamps, and Medicaid benefits that she would not have received if she had truthfully reported her real estate assets.
The case was investigated by the Social Security Administration’s Office of the Inspector General in conjunction with the New Hampshire Department of Health and Human Services’ Office of Improvement and Integrity, and prosecuted by Special Assistant United States Attorney Karen Burzycki.
Rwandan Refugee Ordered Detained Pending SentencingRead the Press Release
After a detention hearing held yesterday, Ken Ngombwa, 56, from Cedar Rapids, Iowa, was ordered detained pending sentencing.
Last week, Ngombwa was convicted of one count of unlawfully procuring or attempting to procure naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security. The evidence at trial showed Ngombwa knowingly made several material false statements to procure entry into the United States as a refugee from Rwanda in 1998. Notably, Ngombwa falsely claimed to be the brother of a former Prime Minister of Rwanda, who now lives in exile.
Evidence presented at the detention hearing revealed that Ngombwa is currently under indictment in Rwanda for allegedly committing crimes against humanity before he fled the country in 1994. Evidence also showed that he would face sentences of 30 years’ imprisonment and life imprisonment on other prior judgments in Rwanda. Following the presentation of evidence at the detention hearing, Chief United States District Court Judge Linda R. Reade found that Ngombwa had not shown by clear and convincing evidence that he was not a risk of flight. Accordingly, Chief Judge Reade ordered Ngombwa be detained.
The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda. A sentencing date will be set after a presentence report is prepared. Ngombwa will remain in the custody of the United States Marshals Service until sentencing. He faces a possible maximum sentence of 30 years’ imprisonment, a $1,000,000 fine, $400 in special assessments, and 12 years of supervised release following any imprisonment. Ngombwa also faces loss of his citizenship in the United States.
The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00123.
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Rockport Man Gets 30 Years for Producing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas – A 28-year-old Rockport man has been ordered to federal prison following his conviction of sexual exploitation of a child, otherwise known as production of child pornography, announced U.S. Attorney Kenneth Magidson. Calvin Nesmith pleaded guilty Nov. 20, 2015.
Today, Senior U.S. District Judge Janis Graham Jack handed Nesmith a sentence of 360 months in federal prison. At the hearing, additional information was presented including evidence that he possessed more than 3,000 images and more than 360 videos of child pornography. Testimony was also provided that Nesmith requested advice on how to seduce a 14-year-old girl and discussed his desire to sexually abuse an eight-year-old relative. The court also heard about the images on his cell phone, much of which depicted prepubescent girls engaging in sexually explicit conduct with adult men, including bondage with handcuffs, etc. The further heard an impact statement from the victim. Nesmith was also ordered to serve the rest of his life on supervised release, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet and will be required to register as a sex offender.
In June 2015, Nesmith was communicating with a person he believed was the mother of two minor female children. In reality, he was actually talking to an undercover Homeland Security Investigations (HSI) agent from Laredo. During the course of the communications, Nesmith made arrangements to meet and engage in sexual activity with the mother’s minor female children.
Nesmith also sent sexually explicit photographs depicting images of child pornography through text messages and emails to the undercover agent. The images were taken of a 14-year-old female while she was sleeping.
He was apprehended as he arrived at the designated meeting place. At the time of his arrest, Nesmith had several electronic devices and condoms with him. A forensic search of those electronic devices led to the discovery of an electronic image depicting Nesmith involved in sexually explicit conduct with a female minor.
Nesmith was arrested on the federal charges in September 2015 and has been in custody since that time where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The charges were the result of an investigation conducted by Homeland Security Investigations with the assistance of the Corpus Christi Police Department – Internet Crimes Against Children Task Force.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Rochester Man Sentenced for Receiving Stolen GoodsRead 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 Igor Kasap, 35, of Rochester, NY, who was convicted of receiving stolen goods, was sentenced to one year probation by U.S. District Court Judge Charles J. Siragusa.Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that the defendant and co-defendant, Arkadiy Kasap, operated a shipping company located at 500 Trolley Boulevard in Rochester. The shipping company operated under various names including A.S.A.P. Trans, Inc.
In September, 2011, A.S.A.P. Trans was involved in shipping 16 pallets of synthetic jet engine oil from an Exxon-Mobil plant in Edison, New Jersey to a facility in Portland, Oregon. Each pallet contained 40 cases of oil and was valued at $14,000 per pallet. While in transit from New Jersey to Oregon, one of the pallets was stolen and diverted to the defendant’s Trolley Boulevard warehouse.
Kasap and his co-defendant put the pallet of stolen oil online using eBay in an attempt to sell it. However, investigators saw the online posting and set up an undercover operation during which they recovered the stolen oil from the defendants.
Arkadiy Kasap has been convicted and is awaiting sentencing.
The sentencing is the culmination of an investigation on the part of Special Agents of the Federal Bureau of Investigation under, the direction of Special Agent in Charge Adam S. Cohen, Inspectors with the United States Postal Inspection Service, under the direction of Shelly Binkowski, Inspector In Charge of the Boston Division, and Officers and Investigators of the Gates Police Department, under the direction of Chief James VanBrederode.