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Monday 23 November 2015
Indiana, Pa., Investment Advisor Indicted on Criminal Fraud ChargesRead the Press Release
PITTSBURGH - A resident of Indiana, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of securities fraud and mail fraud, United States Attorney David J. Hickton announced today.
The two-count indictment, returned on Nov. 19 and unsealed Friday, named Bernard M. Parker, 55, as the sole defendant.
According to the indictment, Parker was an investment advisor in Indiana, Pennsylvania. He was the principal in Parker Financial Services. He solicited investments from his clients to purchase Investor Contracts which purportedly were vehicles to purchase tax lien certificates. The vast majority of the funds received were used for personal expenses and not the purchase of tax lien certificates.The law provides for a maximum total sentence of 30 years in prison, a fine of $1,250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation, and the United States Postal Inspection Service conducted the investigation leading to the indictment in this case.
Huntington woman sentenced for Federal firearms chargeRead the Press Release
HUNTINGTON, W.Va. – A woman who brought a concealed weapon into the federal building in Huntington, West Virginia, was sentenced today in federal court in Huntington to seven months in federal prison, announced United States Attorney Booth Goodwin. Whitney H. Borders, 34, of Huntington, previously pleaded guilty in August 2015 to unlawful possession of a firearm by a convicted felon.
On May 28, 2015, Borders passed through the Fifth Avenue entrance of the Sidney L. Christie United States Courthouse and Federal Building in Huntington and approached the security post to be screened for entry into the building. While Borders was being screened, security officers found a Jennings .22 caliber pistol in her purse. Borders is prohibited from possessing any firearm under federal law because of a 2004 felony conviction in Cabell County Circuit Court for forgery.
The United States Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
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Hartford Man Sentenced to 51 Months in Federal Prison for Possessing Heroin, FirearmRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on November 20, JOEL DELEON, 34, of Hartford, was sentenced by U.S. District Judge Michael P. Shea in Hartford to 51 months of imprisonment, followed by four years of supervised release, for possession of heroin with intent to distribute.
According to court documents and statements made in court, on November 19, 2014, Hartford Police Department detectives observed DELEON engage in what they believed to be a hand-to-hand narcotics transaction. The detectives stopped DELEON’s vehicle and, upon questioning, DELEON admitted that he had narcotics and a handgun. A search of the vehicle’s glove box revealed approximately 30 individualized bags of heroin and a High Standard Sentinel .22 caliber revolver, which had an obliterated serial number and was loaded with nine rounds of .22 caliber ammunition.
DELEON has been detained since his arrest on November 19, 2014. On August 28, 2015, he pleaded guilty to one count of possession of heroin with intent to distribute.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hartford Police Department. The case was prosecuted by Assistant U.S. Attorneys Michael J. Gustafson and Gabriel J. Vidoni.
Gower Man Pleads Guilty to Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Gower, Mo., man pleaded guilty in federal court today to possessing child pornography and to attempting to receive child pornography over the Internet.
William D. Everett, 45, of Gower, pleaded guilty before U.S. District Judge Stephen R. Bough to two counts of attempting to receive child pornography over the Internet and one count of possessing child pornography. Everett was taken into federal custody at the conclusion of today’s court hearing.
Everett’s computer was identified during an undercover FBI operation in New Orleans, La. Everett attempted to access a covert Web site with descriptions of child pornography and associated download links (which were not able to actually be accessed).
Law enforcement officers executed a search warrant at Everett’s residence and interviewed Everett, who admitted that he used his computer to search for, view and download child pornography. Investigators examined two hard drives; both had child pornography movies and images as well as bestiality and bondage child pornography. Almost all were of prepubescent children, including some toddlers. More than 370 videos and 1,600 images of child pornography were extracted.
Under federal statutes, Everett is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 50 years in federal prison without parole, plus a fine up to $750,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the Gower, Mo., Police Department and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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."
Georgia Man Arrested for Drug Trafficking in DelawareRead the Press Release
WILMINGTON, Del – Kevin Chambers, 39, of Austell, Georgia, was indicted by a federal grand jury on November 12, 2015 for trafficking heroin and cocaine, announced Charles M. Oberly, III, United States Attorney for the District of Delaware.
According to the criminal complaint, on or about October 26, 2015, Chambers conspired to distribute a kilogram of heroin and a kilogram of cocaine. Then, on November 4, 2015, Chambers was arrested at Harrah’s Casino in Chester attempting to obtain two additional kilograms of cocaine. The defendant faces a maximum penalty of 20 years imprisonment, a 5 year mandatory minimum term of imprisonment, at least 3 years of supervised release, a fine of up to $1,000,000 and a $100 special assessment, if convicted.
The case was investigated by the DEA Wilmington Resident Office – HIDTA Group 41. Special Assistant United States Attorney Christopher L. de Barrena-Sarobe is prosecuting the case on behalf of the United States.
Indictments are only charges and are not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
Fort Myers Man Sentenced to 10 Years for Armed Bank Robbery and Possession of A Firearm and Ammunition by A Convicted FelonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Orental James Allen, Jr. (23, Ft. Myers) to 10 years in federal prison for armed bank robbery and possession of a firearm and ammunition. The Court also ordered him to forfeit a .40 caliber Sig Sauer P229 pistol and ammunition. Further, as part of his sentence, the Court entered a money judgment in the amount of $5,499, the proceeds of the armed bank robbery.
Allen pleaded guilty on August 19, 2015.
According to court documents, on December 23, 2013, three individuals, including Allen, entered the Fifth Third Bank located at 2068 Cleveland Avenue in Fort Myers, Florida. All three carried firearms and two of them jumped over the bank teller counter. The three then took money from the teller drawers and Allen forced a bank employee to accompany him at gunpoint from an office, to the lobby of the bank. The amount of money stolen during the robbery was $5,499.
On January 18, 2014, Fort Myers Police Officers conducted a traffic stop on a vehicle for a traffic infraction, and Allen was the front passenger. A trained canine alerted to the presence of narcotics in the vehicle. Officers subsequently located a plastic Wal-Mart grocery bag, which contained a black Hogue firearm grip, numerous empty white pill capsules, and numerous small clear plastic Ziploc baggies inside the glove box of the vehicle. Due to the vehicle’s driving pattern, officers conducted a search of the area where the vehicle had traveled and located a .40 caliber Sig Sauer P229 loaded with ammunition. The firearm, magazine, and ammunition were processed and identified as belonging to Allen.
Allen was a previously convicted felon and, therefore, is prohibited from possessing a firearm or ammunition under state law. The State of Florida Office of Executive Clemency certified that his civil rights had not been restored, specifically not the authority to own, possess, or use firearms.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorneys Yolande G. Viacava and Michael Baggé-Hernández.
Former FBI Ten Most Wanted Murder Fugitive Sentenced to LifeRead the Press Release
Earlier today at the federal courthouse in Central Islip, New York, Juan Garcia, also known as “Cruzito,” a member of La Mara Salvatrucha, also known as the MS-13 street gang, was sentenced to life by United States District Judge Joseph F. Bianco. Garcia and two other MS-13 members, Adalberto Ariel Guzman and Rene Mendez Mejia, shot and killed 19-year-old Vanessa Argueta and her two-year-old son, Diego Torres, in Central Islip, New York, on February 5, 2010. Garcia and Mejia shot Argueta in the chest and head, respectively, and Guzman shot Torres twice in the head. After committing the murders, Garcia and his co-conspirators fled to El Salvador. Guzman and Mejia were arrested in May 2010, but Garcia remained a fugitive for four years until March 2014, when, after being placed on the FBI’s Ten Most Wanted Fugitives List, he surrendered to law enforcement authorities in Nicaragua, waived extradition, and was returned to the United States for prosecution. He pled guilty on October 15, 2014.
The sentence was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
“The MS-13 is infamous for committing senseless and brutal acts of violence, but, even for the MS-13, the murders of Vanessa Argueta and Diego Torres were particularly depraved and callous,” United States Attorney Capers stated. “However, as a result of the tenacious investigation and prosecution jointly conducted by this Office and our law enforcement partners, Garcia and his co-conspirators have been captured, convicted, and justly sentenced for cold-bloodedly executing a young mother and her two-year-old child.” United States Attorney Capers expressed his sincere gratitude to the members of the FBI’s Long Island Gang Task Force, the FBI’s Violent Criminal Threat Section, and the FBI’s Legal Attaches for El Salvador and Panama, for their unwavering commitment to bring Garcia and his co-conspirators to justice for the Argueta and Torres murders.
“Today’s sentencing is the final chapter in the government’s commitment to get justice for the victims. Garcia and his fellow MS-13 members senselessly and callously murdered a young mother and her toddler five years ago. The FBI is committed to working with our partners to not only root-out gangs in our communities but also bring their crimes to justice,” stated FBI Assistant Director-in-Charge Rodriguez.
Garcia and other MS-13 members, including MS-13 leader, Heriberto Martinez, Guzman, and Mejia plotted to kill Argueta because they believed she had disrespected the MS-13 by sending rival gang members to attack Garcia.
Martinez was convicted in March 2013, following a six-week trial, in connection with the Argueta murder, as well as the March 6, 2010 murder of Nestor Moreno in Hempstead, New York, and the March 17, 2010 murder of Mario Alberto Canton Quijada in Far Rockaway, New York, and later sentenced to life in prison, plus 60 years. Guzman was convicted on charges relating to the Argueta and Torres murders in September 2013, following a three-week trial, and later sentenced to life in prison, plus 35 years. Mejia pled guilty to the Argueta and Torres murders and is pending sentence.
The convictions of Garcia and his codefendants are the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010 alone, this Office has obtained indictments charging MS-13 members with carrying out more than 25 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, and Suffolk County Police Department.
The government’s case is being prosecuted by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham and Raymond A. Tierney are in charge of the prosecution.
The Defendant:
Juan Garcia
Age: 22
Baldwin/Inwood, New YorkE.D.N.Y. Docket No. 10-CR-471 (JFB)
Florida Woman Pleads Guilty to Possession of Child Pornography and False Bomb ThreatsRead the Press Release
A Tampa, Florida, woman pleaded guilty to child pornography charges and issuing false bomb threats, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney A. Lee Bentley III of the Middle District of Florida announced today.
Jacqueline Numata, 27, pleaded guilty today before U.S. Magistrate Judge Anthony E. Porcelli of the Middle District of Florida to one count of possession of child pornography and one count of communicating false bomb threats to the U.S. Air Force Air Base in Misawa, Japan, while she was an Army and Air Force Exchange Service employee in Misawa. Numata’s sentencing will be set at a later date.
According to the plea documents, during a period of three months beginning in January 2015, Numata accessed and downloaded about 80 images of child pornography and uploaded the images to a blog she created in her estranged husband’s name. She then used a fake Facebook profile to link those images to the Misawa Air Base Facebook community page, visible to all members of the site. Numata also created and distributed in Misawa a flyer advertising the sale of children for sex, child pornography and marijuana that included her estranged husband’s name and additional child exploitation images that she downloaded. Numata used another fake Facebook profile to post a photo of the flyer on the Misawa Air Base Facebook page. During this period, Numata admitted that she communicated false bomb threats to Misawa Air Base on two occasions claiming to be from her estranged husband in order to frame him. As a result of the threats, the buildings in the affected areas on base were evacuated and the security posture was increased.
As part of her plea agreement, Numata must register as a sex offender under the Sex Offender Registration and Notification Act.
This case was investigated by the Air Force Office of Special Investigations and was prosecuted by Trial Attorney Jay Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Rachel Jones of the Middle District of Florida.
Final Man in Four-Member Conspiracy Pleads GuiltyRead the Press Release
HOUSTON – With the guilty plea of the final defendant today, a total of four men have now been convicted for their participation in a robbery crew that committed more than 30 different armed robberies throughout Houston, announced U.S. Attorney Kenneth Magidson.
Jerrol Bluford, 22, entered his guilty plea today, while co-conspirators Calvin Smith, 19, Jamone Jones, 21, and Rodney Ford, 18, had previously entered guilty pleas Aug. 28, Oct. 26, and Nov. 4, 2015, respectively.
Between Jan. 9, 2015, and Jan. 25, 2015, the four men committed approximately 31 armed robberies of a variety of establishments, including restaurants, stores and phone companies. During each robbery, at least one member of the crew brandished a weapon against both store employees and customers.
Bluford pleaded guilty to one count of conspiracy to interference with commerce by robbery and two counts of brandishing a weapon during a commercial robbery. He faces up to 20 years for the conspiracy and a possible $250,000 maximum fine. For the first count of brandishing a weapon, he faces an additional mandatory seven years which must be served consecutively to the underlying conspiracy. The second conviction of brandishing a weapon carries a 25-year mandatory term which also must be served consecutively to the other sentences. Smith, Jones and Ford all also pleaded to the same charges and face the same penalties.
U.S. District Judge David Hittner has set sentencing for Feb. 16, 2016. All of the defendants have been and will remain in custody pending their sentencing hearing.
These charges arose from an investigation conducted by the FBI, Harris County Sherriff’s Office and Houston Police Department. Assistant U.S. Attorney Julie Searle is prosecuting the case.
Federal Jury Convicts Florida Man on Methamphetamine and Gun ChargesRead the Press Release
BOISE – Michael Angelo Sapp, 40, of Nampa, Idaho, and formerly of Florida, was found guilty last Friday following a three-day jury trial in federal court on charges that he possessed over 50 grams of actual methamphetamine with the intent to distribute and unlawful possession of a firearm, U.S. Attorney Wendy J. Olson announced.
According to evidence presented at trial, Sapp was involved in a high speed chase the night of December 23, 2014. Meridian police officers attempted to stop him after he was reported as an intoxicated driver who hit a pole at the McDonald’s drive thru located at 195 E. Central in Meridian. During the chase that followed, Sapp reached speeds of 90 miles per hour, drove in the wrong lane and ran several red lights. Officers finally stopped him near Meridian and Chinden roads. The jury found that he possessed with the intent to distribute 174 grams of pure methamphetamine, which was found in his vehicle. The jury also found him guilty of possessing a .380 semi-automatic pistol. Sapp had previously been convicted in the state of Florida of grand theft firearm, burglary, grand theft of more $10,000, grand theft of $300-500, possession of a firearm by convicted felon, burglary of an unoccupied conveyance, pawnbroker transaction fraud, dealing in stolen property by trafficking, fraud upon secondary metals recyclers, grand theft of a firearm, and grand theft. At the time of his arrest, he was wanted on felony warrants out of the state of Florida.
Sentencing is set for February 3, 2016, before Senior U.S. District Court Judge Edward J. Lodge. Sapp faces a minimum sentence of ten years, and up to life on the possession with intent to distribute methamphetamine charge, and up to ten years on the unlawful possession of a firearm charge.
The case was investigated by the Meridian Police Department, the Ada County Sheriff’s Office, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The case is being prosecuted by the Special Assistant U.S. Attorney hired by the Ada County Prosecuting Attorney’s Office and the Idaho High Intensity Drug Trafficking Area Board. The Idaho High Intensity Drug Trafficking Board is a collaboration of local law enforcement drug task forces and prosecuting agencies dedicated to addressing regional drug trafficking organizations that operate in Ada, Canyon, and Malheur County.
Federal Inmate Gets Two More Months in Prison for Possessing ContrabandRead the Press Release
Erie, Pa. - An inmate at the McKean Federal Correctional Institution in Bradford, Pennsylvania, pleaded guilty and was sentenced in federal court to 2 months in jail on his conviction of possession of contraband in prison, United States Attorney David J. Hickton announced today.
United States District Court Judge David S. Cercone imposed the sentence on Ranard Lamar Mitchell, 23. The sentence was imposed to run consecutively to the sentence Mitchell is currently serving.
According to the information presented to the court, on or about November 4, 2014, Mitchell was in possession of contraband, namely a quantity of marijuana and a cell phone.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.U.S. Attorney Hickton commended Officers of the McKean Federal Correctional Institution for the investigation leading to the successful prosecution of Mitchell.
Federal Court Sentences Illegal Alien on Drug ChargesRead the Press Release
DAVENPORT, IA - On November 19, 2015, Jose Manuel Dominguez-Anguiano a/k/a Manuel Francisco Zuniga, age 44, of Mexico, was sentenced by Chief United States District Court Judge John A. Jarvey to 46 months in prison on the charges of conspiracy to distribute a mixture or substance containing cocaine, and distribution of a mixture or substance containing cocaine, announced Acting United States Attorney Kevin VanderSchel. Dominguez-Anguiano was also ordered to pay $200 towards the Crime Victims Fund. Dominguez-Anguiano will be turned over to the Immigration officials upon release from prison.
Between November 2007 and May 2008, Dominguez-Anguiano participated in a conspiracy to distribute cocaine which involved the sale of more than 1,000 grams of cocaine in the Iowa City, Iowa, area.
This matter was investigated by the Iowa Division of Narcotics Enforcement, the Johnson County, Iowa, Drug Task Force, and Iowa City, Iowa, Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
Federal Court Sentences Davenport Man on Charge of Being a Fugitive in Possession of a FirearmRead the Press Release
DAVENPORT, IA - On November 19, 2015, Darion Daquan Gardner, age 19, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 30 months in prison on the charge of fugitive in possession of a firearm, announced Acting United States Attorney Kevin VanderSchel. Gardner was also ordered to serve three years of supervised release following the period of imprisonment, and to pay $100 towards the Crime Victims Fund.
In May 2014, the United States Marshal’s Service began attempting to locate Gardner, a fugitive from Mississippi, in the Davenport area. On August 13, 2014, officers received information that Gardner was at a certain Davenport residence and was armed with a firearm. When officers went to the residence, Gardner barricaded himself in a bedroom for approximately 20 minutes, but then surrendered without incident. A stolen and loaded Smith and Wesson .40 caliber pistol was recovered in the residence. Under federal law, fugitives are prohibited from possessing a firearm.
This matter was investigated by the Davenport, Iowa, Police Department, United States Marshal’s Service, 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 as part of the Project Safe Neighborhood initiative.
Federal Court Sentences Davenport Man for Possession of a Sawed-off Shotgun and Possession of a Firearm in Furtherance of Drug TraffickingRead the Press Release
DAVENPORT, IA - On November 19, 2015, Chazz Dominic Kimble, age 19, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 20 months in prison on the charge of possession and transfer of a weapon made from a shotgun, and another consecutive 60 months in prison on the charge of possession of a firearm in furtherance of drug trafficking, announced Acting United States Attorney Kevin VanderSchel. Kimble was also ordered to serve three years of supervised release following the period of imprisonment, and to pay $200 towards the Crime Victims Fund.
On June 14, 2014, an investigation by Davenport, Iowa, police officers revealed that Kimble discharged a 12-guage JC Higgins sawed-off shotgun into the air during an altercation with rival gang members. The sawed-off shotgun was eventually recovered by police in a nearby residence. The sawed-off shotgun was modified to have a barrel of less than 18 inches, and the shotgun was not registered with the National Firearms Registration and Transfer Records, making the shotgun illegal to possess.2
Kimble was indicted on October 22, 2014, on a federal charge of possession and transfer of a weapon made from a shotgun. Later that day, Kimble was stopped by police while driving in Davenport, and Davenport police executed the arrest warrant on Kimble. Subsequent to the arrest, officers found a backpack containing a loaded Accu-Tek .380 pistol and marijuana that Kimball intended to distribute. A Superseding Indictment was thereafter filed which added a charge of possession of a firearm in furtherance of drug trafficking. Kimble pleaded guilty to the charges on April 21, 2015.
This matter was investigated by the Davenport, Iowa, Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Neighborhood initiative.
El Departamento de Justicia Resuelve una Queja de Discriminación Relacionada con la Inmigración Contra Sunny Grove Landscaping & Nursery Inc.Read the Press Release
WASHINGTON, D.C. – El Departamento de Justicia llegó a un acuerdo hoy con Sunny Grove Landscaping & Nursery Inc. (Sunny Grove), una compañía de paisajismo en Ft. Myers, Florida. El acuerdo resuelve la investigación por parte del Departamento de Sunny Grove por motivos de las acusaciones de que este hubiese discriminado a individuos que no eran ciudadanos de los EE. UU. pero que tenían autorización para trabajar, en violación de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés).
Conforme al acuerdo, Sunny Grove pagará 7.500 $ en sanciones civiles a los Estados Unidos y se someterá a capacitación dirigida por el departamento sobre la disposición antidiscriminatoria de la INA. Sunny Grove quedará sujeto a los requisitos de supervisión y notificación del Departamento.
“La División de Derechos Civiles se compromete a proteger a los individuos con autorización para trabajar de prácticas discriminatorias en el proceso de verificación de elegibilidad de empleo,” declaró la Subprocuradora General Interina, Vanita Gupta, la Jefa de la División de Derechos Civiles. “Aplaudimos a Sunny Grove por su cooperación con la División en la resolución de este asunto.”
La investigación encontró que Sunny Grove había discriminado a residentes permanentes legales al requerir que presentasen tarjetas de residencia permanente para demostrar su autorización para trabajar, mientras que a los ciudadanos de los EE. UU. se les permitió elegir los documentos válidos que querían mostrar para probar su autorización para trabajar. Los residentes permanentes legales no tienen ninguna obligación de presentar sus tarjetas de residencia permanente al comenzar a trabajar. Como todo trabajador, pueden usar los documentos válidos de su elección para establecer su autorización para trabajar, y en muchos casos, los documentos de autorización para trabajar que tienen los residentes permanentes legales son iguales a los que tienen los ciudadanos de los EE. UU.
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés) es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en la contratación, el despido o el reclutamiento o la recomendación por comisión; el abuso documental; las represalias o la intimidación.
Para más información sobre las protecciones contra la discriminación en el empleo bajo las leyes migratorias, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); matricúlese para un seminario en línea gratuito en www.justice.gov/crt/about/osc/webinars.php; mande un correo electrónico a [email protected] o visite la página web de la OSC en www.justice.gov/crt/about/osc.
Los solicitantes o empleados que creen que fueron sometidos a requerimientos discriminatorios (durante la verificación de elegibilidad de empleo) por motivo de su ciudadanía, estatus migratorio u origen nacional; o en discriminación basada en estatus de ciudadanía, estatus migratorio o en origen nacional en la contratación, el despido o el reclutamiento o referencia por comisión deberán llamar a la línea directa para trabajadores mencionada arriba y serán atendidos.
Eaton County Man, Christopher Todd Ritchey, to Serve 15 Years as Armed Career CriminalRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Patrick A. Miles, Jr., announced today that Christopher Todd Ritchey, 31, of Bellevue, was sentenced on Friday to 180 months in prison by Chief U.S. District Judge Robert J. Jonker. Ritchey pled guilty to being a felon in possession in July, after he was caught with a gun in his residence while on parole in January. The Armed Career Criminal Act mandated a sentence of at least 15 years because Ritchey had previously been convicted seven times of breaking and entering under Michigan law.
"Today we send a message to recidivist felons that they simply cannot possess firearms under the law," U.S. Attorney Miles said. "When armed career criminals do not heed that warning, they will be prosecuted, and the sentence will be strict, as the law requires."
The Bureau of Alcohol, Tobacco, Firearms, and Explosives led the investigation, with assistance from the Michigan Department of Corrections, the U.S. Marshals Service, and the Michigan State Police. Assistant U.S. Attorney Justin M. Presant prosecuted the case.
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East St. Louis Man Sentenced for Cocaine DistributionRead the Press Release
An East St. Louis man, convicted of Distribution of Cocaine, was sentenced to 57 months in federal prison on November 20, 2015, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. David Lee Taylor, Jr, 35, of East St. Louis, IL, received a 57 month sentence for distributing cocaine in St. Clair County, Illinois. Taylor had previously pled guilty to the offense on August 13, 2015. Following release from imprisonment, Taylor will serve a 3 year term of supervised release. Taylor was also ordered to pay a $1000 fine and a $100 special assessment.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives was the investigative agency in this case. This case was prosecuted by Assistant United States Attorney Donald S. Boyce.
Dominican Man Sentenced for Theft of $300,000 in Government BenefitsRead the Press Release
BOSTON – A Dominican man was sentenced today in U.S. District Court in Boston for fraudulently obtaining over $300,000 in government benefits under a false identity.
Jose Marin, 34, was sentenced by U.S. District Court Judge F. Dennis Saylor, IV to a sentence of time served in prison, one year of home confinement, one year of supervised release and restitution. In May 2015, Marin pleaded guilty to stealing public money.
Marin, who was born in the Dominican Republic, unlawfully entered the United States in or about 2003 and fraudulently acquired a driver’s license and Social Security card in the name of an American citizen. Marin also fraudulently used the same American citizen’s name on multiple dates when Marin was arrested for drunk driving, breaking and entering and other charges. Marin began receiving government benefits in 2006 under the American citizen’s identity, including Social Security, MassHealth, and food stamp benefits, totaling $303,685.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The Marin case was investigated by HSI’s Document and Benefit Fraud Task Force. The case was prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Detroit Man Sentenced to 4 Years in Prison for Role in Smash-and-Grab Robbery of Stamford Jewelry StoreRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BRIAN MOORE, 26, of Detroit, Michigan, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 48 months of imprisonment, followed by three years of supervised release, for organizing and carrying out a smash-and-grab robbery of a Stamford jewelry store in November 2014.
According to court documents and statements made in court, on November 26, 2014, three of MOORE’s accomplices, armed with hammers, entered Sidney Thomas Jewelers in the Stamford Town Center Mall during regular business hours. Soon after entering, the accomplices used the hammers to smash open a jewelry display case and removed more than $250,000 worth of Rolex watches. The three accomplices then fled with security guards in pursuit. One of MOORE’s accomplices, Richard Mathew Bailey, was caught and apprehended inside the mall while fleeing.
MOORE helped organize and carry out the robbery by soliciting others to participate and partially funding it. He also drove accomplices from Detroit to Stamford to carry out the robbery, and picked them up after the robbery in order to return to Detroit.
Judge Bolden also ordered MOORE to pay restitution to victims in an amount to be determined at a later date.
On August 31, 2015, MOORE pleaded guilty to one count of interfering with commerce by robbery.
Richard Mathew Bailey and a third defendant, Dajuhn Griffin, both from Detroit, have pleaded guilty to the same charge and await sentencing.
This case was investigated by the Federal Bureau of Investigation and the Stamford Police Department. The case is being prosecuted by Assistant U.S. Attorney Gabriel J. Vidoni.
Deported Alien Admits Re-entering U.S. IllegallyRead the Press Release
ERIE, Pa. - A former resident of Atlantida, Honduras, pleaded guilty in federal court to a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.
Andres Carranza-Ferrera, 48, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that on or about July 8, 2015, Carranza-Ferrera was found to be unlawfully present within the United States. Carranza-Ferrera had been previously deported and removed from the United States on Aug. 6, 2004. The defendant subsequently reentered the United States, and was found to be present in this country without the permission of the Secretary of the Department of Homeland Security.
Sentencing will be scheduled at a later date. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Bureau of Customs and Border Protection conducted the investigation that led to the prosecution of Carranza-Ferrera.
Dayton Man Sentenced for Sophisticated Tax Fraud and Aggravated Identity Theft Scheme Involving the Online Purchase of Hundreds of Stolen IdentitiesRead the Press Release
DAYTON – Lance Ealy, 29, of Dayton, was sentenced in U.S. District Court to 124 months in prison, three years of supervised release and ordered to pay approximately $61,000 in restitution following convictions for access device fraud, wire fraud, aggravated identity theft and related charges arising from a sophisticated scheme in which he purchased hundreds of stolen identities online (including specifically targeting identities of the elderly and disabled) and used the identities to file more than 150 fraudulent federal income tax returns seeking refunds to which he was not entitled.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Troy N. Stemen, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation (IRS), and Mark Porter, Special Agent in Charge, U.S. Secret Service announced the sentenced handed down last Friday by U.S. District Judge Michael Barrett.
After an initial investigation by the United States Secret Service determined that Ealy had purchased stolen identities from an illicit online source, he was arrested on a federal complaint in October 2013. A federal grand jury subsequently indicted Ealy in November 2013, charging him with one count of knowingly possessing 15 or more access devices with intent to defraud.
A further investigation by both Secret Service and the IRS determined that Ealy was using stolen identities that he had purchased online to file fraudulent federal tax returns and open fraudulent bank accounts in which to deposit the fraudulent tax refunds.
The investigation also determined that Ealy continued to engage in fraudulent activities while on bond, including, but not limited to using stolen personal identifying information to open fraudulent bank accounts, conduct fraudulent purchases using the victim's personal accounts, and opened financial accounts at numerous institutions.
As a result of Ealy’s conduct, Judge Barrett revoked Ealy’s bond in July 2014. The Secret Service’s and IRS’ additional investigation also resulted in a federal grand jury returning a Second Superseding Indictment against Ealy in September 2014.
Following a nearly two-week trial, a jury in the Southern District of Ohio convicted Ealy of all 46 charges in the Second Superseding Indictment in November 2014, including on one count of illegally possessing 15 or more unauthorized access devices, 11 counts of filing false claims for income tax refunds with the IRS, 14 counts of wire fraud, 14 counts of aggravated identity theft, one count of mail fraud, and one count of using unauthorized access devices to obtain $1,000 or more in a one-year period. An access device includes things such as payment cards and bank account numbers used to access financial accounts.
According to the testimony and evidence presented at trial, between approximately January 2013 and October 2013, Ealy engaged in a sophisticated scheme in which he electronically filed at least 150 fraudulent federal income tax returns, including returns filed using the personal information of others that he had unlawfully acquired from an illicit online source.
Ealy opened dozens of bank accounts at multiple financial institutions using the names and social security numbers of other individuals – without their knowledge or permission – in order to electronically deposit the fraudulent tax refunds. The evidence at trial also showed Ealy specifically targeted vulnerable individuals, including the elderly and disabled, who were less likely to realize that their identities had been stolen to file fraudulent tax returns or open fraudulent bank accounts. Ealy was also convicted on the charges (wire fraud and aggravated identity theft) arising from his fraudulent conduct while on bond.
During the course of the trial, Ealy became a fugitive after failing to appear on November 17, 18 and 19, 2014 (Ealy had been placed back on bond in October 2014). It was later determined that Ealy had removed his electronic monitoring device on November 15, 2014 and fled while under bond conditions. He was ultimately recaptured in late March 2015 in the Atlanta, Georgia area by the United States Marshal’s Service.
In June 2015, Ealy was indicted by a grand jury in the Southern District of Ohio on three counts of failure to appear in violation of 18 U.S.C. § 3146. He was subsequently convicted on all three counts following a bench trial before U.S. District Court Judge Thomas M. Rose that took place on October 22, 2015. Judge Rose issued a written verdict on November 4, 2015.
Ealy faces a sentence of up to 10 years in prison for his failure to appear convictions, which must run consecutive to the 124 month sentence that has been imposed by Judge Barrett. Judge Rose has scheduled sentencing in Ealy’s failure to appear case for February 6, 2016.
"Today’s announcement exemplifies IRS Special Agents' intense focus on the rigorous pursuit of identity theft and refund fraud," said Troy N. Stemen, Acting Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. "Lance Ealy perpetuated an elaborate scheme driven by insatiable greed and a blatant disregard for the tremendous damage inflicted on innocent victims. Be assured that IRS Criminal Investigation, together with our partners at the U.S. Attorney's Office and the United States Secret Service, will hold those who engage in similar behavior fully accountable."
U.S. Attorney Stewart commended the investigation of this case by the Secret Service and IRS-Criminal Investigation and Assistant U.S. Attorneys Alex R. Sistla and Andrew J. Hunt, who prosecuted the case.
Davenport Man Sentenced to Life in Prison Plus 50 YearsRead the Press Release
DAVENPORT, IA – On November 19, 2015, James Everett Faler, 49, formerly of Davenport, Iowa, was sentenced by Chief United States District Judge John A. Jarvey to five life sentences for five counts of Production of Child Pornography, and five consecutive ten-year sentences for committing the offenses while being required to register as a sex offender, announced Acting United States Attorney Kevin E. VanderSchel. Faler also was ordered to serve life on supervised release if he is ever released from prison, and to pay $1,000 towards the Crime Victims Fund.
On May 31, 2013, police in Louisville, Kentucky, encountered Faler at an apartment complex after receiving a call from a concerned citizen. During the encounter, the police learned that Faler was a registered sex offender from Davenport who had not complied with sex offender registration requirements, and they arrested him. After the arrest, the police found Faler’s backpack which contained a thumbdrive with pornographic images of children, including five different minor boys, some of them engaging in sexual activity with Faler at a trailer park in Davenport. These images became the basis for federal charges in Iowa.
On July 13, 2015, Faler plead guilty to all charges. Because Faler has multiple prior convictions for sexual abuse of children, the mandatory federal sentence for each charge of production of child pornography is life in prison.
This case was investigated by the Louisville, Kentucky, Police Department and the Scott County, Iowa, Sheriff’s Office, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Connecticut Man Sentenced to Prison for Fraud SchemeRead the Press Release
Erie, Pa. - A resident of Danbury, Connecticut, has been sentenced in federal court to 12 months and one day in jail on his conviction of conspiracy to commit wire fraud, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Daniel Freeman, 50.
According to information presented to the court, Freeman allowed three bank accounts in his name and under his control to be used as repositories for fraudulently obtained federal tax refunds. Freeman would then withdraw the fraudulently obtained refunds, keep a portion for himself and give the remainder of the money to another co-defendant.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation for the investigation leading to the successful prosecution of Freeman.
Capitol Heights Man Exiled to over 10 Years in Prison for Gun and Drug OffensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Reuben Benjamin Coleman, age 38, of Capitol Heights, Maryland, today to 130 months in prison followed by three years of supervised release for possessing a firearm in a school zone and possession with intent to distribute crack cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to his plea agreement, on September 25, 2014, ATF Violent Crime Initiative Team agents and Prince George’s County police officers executed a search warrant at a residence in Capitol Heights where Coleman often stayed. They seized a 9 mm pistol from Coleman’s bedroom, and a small bag containing 8.28 grams of crack cocaine from a Mercedes Benz that Coleman drove and had parked outside the residence.
Coleman admitted that from August 15 to 16, 2014, he transported the pistol to the residence via public roads that he knew or had reasonable cause to believe were within 1,000 feet of a school zone.
Coleman also admitted that he is a career offender based on two prior drug convictions.
United States Attorney Rod J. Rosenstein commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Joseph R. Baldwin, who prosecuted the case.
Campaign Aid Sentenced for Launching Federal Investigation Aimed at Discrediting Congressional CandidateRead the Press Release
Assistant U.S. Attorneys Phillip L.B. Halpern (619) 546-6964 and
Emily J. Keifer (619) 546-7319
NEWS RELEASE SUMMARY – November 23, 2015
SAN DIEGO – Todd Bosnich, fired policy director for the failed Carl DeMaio congressional campaign, was sentenced today to five years of probation for sending anonymous emails to himself - making it appear that DeMaio threatened him – and then lying to the FBI about it.
U.S. District Judge Larry Burns also ordered Bosnich to undergo psychiatric counseling, complete 240 hours of community service and a pay a $2,500 fine. In imposing the sentence, Judge Burns noted that DeMaio lost the election.
“There is no way of knowing how much [Bosnich’s conduct] affected voters’ minds,” he said, emphasizing that this was not a victimless crime. “The victim is Mr. DeMaio, DeMaio’s campaign, or the democratic process.”
Bosnich pleaded guilty in June, admitting that he instigated and impeded the FBI investigation. According to his plea agreement, after he was terminated from his job in May of 2014, a disgruntled Bosnich made sexual harassment accusations against DeMaio. Among other things, he claimed that DeMaio offered him $50,000 in hush money to keep quiet about the harassment.
Bosnich also told a radio reporter during an interview on June 2, 2014 that he had received threatening emails from an anonymous source that he was “positive” were from DeMaio or someone closely associated with DeMaio.
According to his plea agreement, Bosnich admitted that three days later, on June 5, 2014, Bosnich set up a dummy yahoo email account, [email protected], from his North County residence using bogus personal information including a false date of birth and gender. According to his admissions, he then sent a “particularly ugly and threatening message” to his own personal email account. The email suggested that the “anonymous” author of the email would ensure that Bosnich never again worked in politics if he didn’t stop making accusations against DeMaio.
During multiple interviews with the FBI, Bosnich – supposedly the victim of threatening emails - continued to claim that he did not know who sent the emails, but he believed DeMaio was behind the anonymous threats. Based on these false claims, a grand jury issued subpoenas attempting to identify the source of the emails. All the while, it was Bosnich himself who had sent the emails.
“The integrity of the American electoral process is the very bedrock of our democracy,” said U.S. Attorney Laura E. Duffy. “Bosnich’s criminal act had the very real possibility of improperly tipping the scale towards a particular candidate. This was far from a harmless prank.”
“Mr. Bosnich engaged in a pattern of lies and deceitful acts in an effort to obstruct FBI Agents from getting to the truth in this case,” said FBI Special Agent in Charge Eric S. Birnbaum. “Today’s sentencing sends a clear message that the FBI will aggressively investigate and seek prosecution of those who attempt to obstruct justice by lying to the FBI.”
DEFENDANT: Case Number 14CR1544-LAB
Todd Bosnich Age: 29 Del Mar, CA
SUMMARY OF CHARGES
Obstruction of Justice – Title 18, U.S.C., Section 1512
Maximum penalty: 5 years’ imprisonment and $250,000 fine
AGENCY
Federal Bureau of Investigation
Baltimore Drug Dealer Sentenced to 12 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Damonan Irby, age 33, of Baltimore, Maryland today to 12 years in prison, followed by three years of supervised release, for possession with intent to distribute 3, 4-methylenedioxy-N-methylcathinone or MDMC.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Commissioner Kevin Davis of the Baltimore Police Department.
According to Irby’s plea agreement, on October 17, 2014, law enforcement received information from a confidential source of information that a multi-kilogram shipment of the controlled substance 3, 4-methylenedioxy-N-methylcathinone or MDMC, known on the street as “Molly,” would be delivered to Baltimore City later that afternoon. Information provided by the source was corroborated and independently verified by law enforcement.
Members of the Baltimore Police Department and Homeland Security Investigations, Baltimore, established surveillance in the area of Northern Parkway and Harford Road, where the delivery was scheduled to take place. Law enforcement officers observed a silver Camaro, that matched the description supplied by the source, parked behind a restaurant in the 6600 block of Harford Road. A short time later, law enforcement observed a vehicle, being operated by Irby, pull into the parking lot and park one car away from the Camaro. Irby, carrying a grey shopping bag, got into the Camaro. Law enforcement officers were able to observe the two individuals exchange packages. At the conclusion of the exchange, Irby got out of the Camaro with a large black backpack in his hand. Law enforcement officers, believing a narcotics transaction had just occurred, approached Irby and detained him. The black backpack was found to contain four kilogram sized plastic bags containing an off white substance. A search of the Camaro recovered the grey shopping bag that Irby had brought into the vehicle. The bag contained three large bundles of cash, totaling $39,920. A subsequent lab analysis of the drugs from the backpack revealed that the bag contained a total of 3,970 grams of MDMC.
United States Attorney Rod J. Rosenstein praised HSI Baltimore and Baltimore Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Christopher J. Romano and Jason D. Medinger, who prosecuted the case.
Alabama Woman Sentenced for Role in $20 Million Stolen Identity Tax Fraud RingRead the Press Release
Conspired With Others to File False Tax Returns Using Stolen Names and Social Security Numbers
A Phenix City, Alabama woman was sentenced today to serve more than seven years in prison for her role in a stolen identity refund fraud (SIRF) conspiracy, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney George L. Beck, Jr. of the Middle District of Alabama announced today.
Talashia Hinton aka LayLay and LaLa, 24, was sentenced to 94 months in prison to be followed by three years of supervised release and ordered to pay restitution in the amount of $7,173,704. According to court documents and evidence presented at the sentencing hearing, Hinton participated in a large-scale SIRF scheme in which participants filed more than 8,000 false tax returns for 2012 and 2013 fraudulently claiming more than $20 million in federal income tax refunds from the Internal Revenue Service (IRS). Hinton worked with Keshia Lanier, who supplied her with IRS Electronic Filing Identification Numbers (EFINs) in the names of sham tax preparation businesses and stolen personal information, including names and social security numbers. Hinton used the EFINs and stolen personal information to prepare and file false income tax returns that fraudulently claimed tax refunds. At the direction of Lanier, Hinton also obtained stolen identities from Tamika Floyd, who stole names from a databases maintained by the state of Alabama. Hinton used some of those names to file false returns, emailed some of the names to Lanier and delivered other names to another co-conspirator, Tracy Mitchell and her family, who used the names to file false returns. Hinton then directed the IRS to pay the refunds by issuing U.S. Treasury checks and direct deposits onto prepaid debit cards.
Hinton pleaded guilty in August to conspiracy to defraud the government with respect to claims and aggravated identity theft. Lanier, Mitchell and Floyd also previously pleaded guilty for their roles in the SIRF scheme. In May, Tamika Floyd was sentenced to 87 months in prison; in August, Tracy Mitchell was sentenced to 159 months in prison and in September, Lanier was sentenced to 180 months in prison.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Beck commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Michael C. Boteler and Gregory P. Bailey of the Tax Division and Assistant U.S. Attorney Jonathan Ross of the Middle District of Alabama, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
Alabama Man Sentenced for Assisting Illegal Guided Deer HuntsRead the Press Release
DES MOINES, IA - On November 20, 2015, Kinsman Bruce Wolfe, 63, of Semmes, Alabama, was sentenced by Chief United States District Judge John A. Jarvey to sixty days imprisonment for his role in illegal, guided deer hunts in Southern Iowa, announced Acting United States Attorney Kevin VanderSchel. Wolfe was also ordered to pay $12,000 in restitution to the Iowa Division of Natural Resources, pay a $3,000 fine, and pay for the costs associated with having court-appointed counsel. A term of three years of supervised release was imposed following Wolfe’s release from imprisonment, a condition of which will be the prohibition against Wolfe engaging in hunting and fishing activities. Wolfe was also ordered to pay a $300 special assessment to the Crime Victims Fund.
Wolfe was convicted at trial on July 23, 2015, on two felony counts of violation of the Lacey Act for the unlawful sale of wildlife, and one count of conspiracy to violate the Lacey Act. From around 2009 to January 2014, Steven Miller leased land in rural Lucas County, Iowa, to Robert Jerome Wilkins of Alabama in order for Wilkins to hunt white-tail deer. Wilkins, with the assistance of Wolfe, guided out-of-state hunters during paid hunts for trophy white-tail buck deer on Miller's land. None of these out-of-state hunters possessed hunting license or tags as required by the laws and regulations of the State of Iowa. Some of the hunters were successful in illegally killing white-tail buck deer, and the capes and antlers of those deer were transported from Iowa to Alabama.2
Wilkins previously pled guilty to conspiracy to violate the Lacey Act, a felony. He was sentenced on July 17, 2015, to four years of probation, with a special condition of six months home confinement. Wilkins was also ordered to pay $12,000 in restitution, and pay a $100 special assessment to the Crime Victims Fund. Miller previously pled guilty to a misdemeanor violation of the Lacey Act and on October 21, 2015, he was sentenced to four years of probation. Miller was also ordered to pay a $3,000 fine, a $2,500 money judgment in lieu of forfeiture of equipment used during the illegal hunts, and a $25 special assessment to the Crime Victims Fund.
This investigation was conducted by the United State Fish and Wildlife Service, the Iowa Department of Natural Resources, and the Alabama Game and Fish Division. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Accountant Pleads Guilty to Embezzling More Than $130,000 from Illinois Medical District CommissionRead the Press Release
CHICAGO — A senior accountant at the Illinois Medical District Commission pleaded guilty today to charges she embezzled more than $130,000 from the agency by misdirecting procurement funds into her personal accounts.
CYNTHIA FERNANDEZ-ALONSO, 42, of Berwyn, used her position to direct payments from the Commission’s bank account into three personal accounts, according to a plea agreement. Fernandez-Alonso recorded the payments in the Commission’s internal records, but attributed them as having been made to the agency’s energy provider and other vendors, the plea agreement states.
Fernandez-Alonso pleaded guilty to one count of embezzlement. The conviction carries a maximum sentence of ten years in prison and a $250,000 fine, plus mandatory restitution. U.S. District Judge Elaine E. Bucklo scheduled a sentencing hearing for February 22, 2016, at 10:00 a.m.
The Illinois Medical District Commission is a governmental agency that facilitates collaboration among the various medical, health and social service agencies operating within the Illinois Medical District on Chicago’s Near West Side. Fernandez-Alonso was entrusted with the responsibility of authorizing payments from the Commission’s bank account to its outside vendors and suppliers.
From at least November 2013 to at least April 2015, Fernandez-Alonso directed deposits into her accounts on a nearly monthly basis. In some months, multiple transfers were made. On the same day she received one such deposit – for $4,852 on Dec. 10, 2014 – a purchase of jewelry was made with her Chase debit card at Kay Jewelers for $2,847, according to the plea agreement.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorneys Maureen Merin and Sarah Streicker.
Plea Agreement
Friday 20 November 2015
Wellington Man Sentenced to 60 Months for Heroin, Identity Theft and Filing False Tax Return ChargesRead the Press Release
A Wellington resident was sentenced to 60 months in prison for possession with intent to distribute heroin, identity theft and filing false tax return charges.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Rafiq Ahmad, Special Agent in Charge, United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations Miami Office (DOL-OIG), and Ric Bradshaw, Sheriff, Palm Beach County Sherriff’s Office (PBSO), made the announcement.
Christopher Richard Edwards, 26, of Wellington, was sentenced today by U.S. District Court Judge Kenneth A. Marra to 60 months in prison, to be followed by three years of supervised release. Edwards was also ordered to pay $212,936 in restitution.
According to the Superseding Information and court documents, a search warrant was executed on Edwards’ apartment, during which law enforcement found approximately 159 access device cards in other peoples’ names, three laptop computers, an encoder/decoder, a credit card embosser, a currency counter machine, and several ledgers containing personal identifying information (PII). In addition to the evidence of identity theft and access device fraud, agents also recovered 66 capsules containing heroin, a digital scale, and a plate containing heroin residue.
A forensic examination of Edwards’ computer revealed substantial filings for unemployment benefits, consistent with the unemployment benefit cards found in his apartment. The unemployment claims filed from Edwards’ computer in 2014 totaled $287,360. Law enforcement also determined that Edwards filed 41 federal tax returns containing false information in the names of others claiming a total of $299,240 in false tax refunds.
The total amount of loss attributable to Edwards is $586,600, including the actual payments and intended fraud. Restitution payable for the paid unemployment claims and tax returns totals $212,936.
Mr. Ferrer commended the investigative efforts of USSS, IRS-CI, DOL-OIG, and PBSO. This case is being prosecuted by Assistant U.S. Attorney Lauren E. Jorgensen.
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.
Web Page and Telephone Line Available to Assist Potential Victims of Fraud in Cases InvolvingRead the Press Release
The United States Attorney's Office for the Northern District of Iowa has established a link on its website and a dedicated telephone line to provide case updates and other information, including assistance in submitting victim impact statements or claims for restitution, for potential victims in the following cases:
United States v. William B. Aossey, Jr.,
Case Number 14-CR-00116
United States v. Jalel Aossey, Yahya Nasser Aossey, Midamar Corporation, and ISA, Inc., d/b/a Islamic Services of America,
Case Number 14-CR-0138
Under the Crime Victims Rights Act (Title 18, United States Code, Section 3771), victims of federal crimes have several rights, including: to be notified of certain Court proceedings; to be reasonably heard by the Court; and to submit claims for restitution. Through the website and telephone line, potential victims will be provided timely and accurate information about the criminal cases and their rights under the law.
Potential victims can view the Victim Witness Assistance link on the United States Attorney=s website to receive updated case information. The website provides victims with information about their statutory rights and includes links to court documents in the case. The website also contains a link to a victim impact statement, through which persons claiming to have been victims of one of the referenced cases can submit a statement to the Court and/or make a claim for restitution. The website may be found at: http://www.justice.gov/usao-ndia/victim-witness-assistance/information-victims-large-cases
Potential victims may also call (319) 731-4034 or toll free at (877) 398-2842 to learn more about their rights.
Follow us on Twitter @USAO_NDIA.
University of Florida Agrees to Pay $19.875 Million to Settle False Claims Act AllegationsRead the Press Release
The University of Florida (UF) has agreed to pay the United States $19.875 million to settle allegations that the university improperly charged the U.S. Department of Health and Human Services (HHS) for salary and administrative costs on hundreds of federal grants, the Department of Justice announced today. The grants in question were administered from the UF campuses in Gainesville and Jacksonville, Florida.
“The monies utilized by HHS to fund important medical research and clinical programs across the nation are both precious and limited,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates that the Department of Justice will pursue grantees that knowingly divert those funds from the projects for which they were provided.”
“As the U.S. Department of Health and Human Services (HHS) awards more grant dollars than any other government agency, prudent oversight of those funds is absolutely essential,” said HHS Regional Inspector General for Audit Lori S. Pilcher. “Grantees must have internal controls promoting accountability and transparency,” she said. “Taxpayers should expect nothing less.”
The University of Florida receives millions of dollars in grant funding from HHS on hundreds of grants each year. The settlement announced today resolves the alleged misuse of grant funds awarded by HHS to UF between 2005 and December 2010. The United States contended that the university overcharged hundreds of grants for the salary costs of its employees, where it did not have documentation to support the level of effort claimed on the grants for those employees. The government also contended that UF charged some of these grants for administrative costs for equipment and supplies when those items should not have been directly charged to the grants under federal regulations. Lastly, UF allegedly inflated costs charged to HHS grants awarded at its Jacksonville campus for services performed by an affiliated entity, Jacksonville Healthcare Inc.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $26.5 billion through False Claims Act cases, with more than $16.7 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch and the HHS Office of the Inspector General, Office of Audit Services and Office of Investigations.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
U.S. Attorney Zachary T. Fardon Hosts Third Community Roundtable to Discuss Strengthening Trust between the Public and Law EnforcementRead the Press Release
CHICAGO — Civic, religious and community leaders joined top law enforcement personnel today to continue an ongoing dialogue about building trust between law enforcement and the Chicagoland community.
The Community Roundtable was convened by Zachary T. Fardon, United States Attorney for the Northern District of Illinois. It was held in the Columbus Park Refectory in the Austin neighborhood on the city’s West Side. Today’s event was the third such discussion, following up on productive sessions in December 2014 and March 2015.
“Today’s roundtable brought together passionate leaders, adult and youth, from different backgrounds who all share the common goal of improving community trust and making Chicago an even greater and safer place for all neighborhoods,” Mr. Fardon said. “We had a forthright and stimulating conversation about policing and community trust issues.”
The U.S. Department of Justice has made the issue of community policing a top priority. The Community Roundtables focus on developing tangible initiatives for improving the relationship between law enforcement and the community.
Among the more than 50 participants in today’s meeting were Cook County State’s Attorney Anita Alvarez, Chicago Police Superintendent Garry McCarthy, and representatives from the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cook County Juvenile Temporary Detention Center, the U.S. Marshal’s Service, Chicago Public Schools, KLEO Community Family Life Center, Chicago Board of Rabbis, Bowen High School, Purpose Over Pain, Apostolic Church of God, Chicago Community Trust, University of Chicago Crime Lab, YMCA, Mikva Challenge, Chicago Urban League, Bright Star Church, Chicago Violence Reduction Strategy, Westside Health Authority, Fierce Women of Faith, Bethel New Life Church, and Becoming A Man.
Two Men Sentenced to Prison Terms for Violent Home Invasion in Northeast WashingtonRead the Press Release
WASHINGTON – Rashad Hough, 25, was sentenced today to 17 years and 11 months in prison and Larnell Wilkerson, 21, was sentenced to a 14 ½-year prison term for committing a violent home invasion earlier this year in Northeast Washington in which one victim was shot, U.S. Attorney Channing D. Phillips announced.
Hough and Wilkerson, both of Washington, D.C., each pled guilty in September 2015, in the Superior Court of the District of Columbia, to armed robbery, first-degree burglary while armed, armed kidnapping, and unlawful possession of a firearm. Hough also pled guilty to aggravated assault while armed. The Honorable Patricia A. Broderick sentenced both defendants today. After their prison terms, each man will be placed on five years of supervised release.
According to the government’s evidence, on March 6, 2015, at about 10:40 p.m., Hough and Wilkerson robbed two men at gunpoint outside of an apartment building in the 1300 block of Holbrook Street NE. They then forced the two victims inside an apartment, intending to steal additional property. Two grandparents and their 12- and 14-year-old grandchildren were inside the apartment. Hough and Wilkerson demanded property from the six victims while holding them at gunpoint. Despite pleas not to hurt anyone, Hough shot one victim in the leg, causing him extreme pain and permanent disfigurement.
In announcing the sentences, U.S. Attorney Phillips praised the work of those who investigated the case from the Fifth District of the Metropolitan Police Department (MPD). He also expressed appreciation to Assistant U.S. Attorneys Kondi Kleinman, who investigated and indicted the case, and Adrienne Gurley, who also investigated the matter.
Two Men Sentenced to 8 and 10 Years in Prison for Large-Scale Drug Trafficking ConspiracyRead the Press Release
Anchorage, Alaska-U.S. Attorney Karen L. Loeffler announced today that two men have been sentenced by United States District Court Judge Sharon L. Gleason to serve 96 and 120 months in prison respectively for their roles in a conspiracy to sell large quantities of cocaine and methamphetamine to Alaska-based drug dealers.
Jorge Armando Zaragoza-Soto, a citizen of Mexico, and Geronimo Arellano Velarde, a/k/a “Negro,” of California, both previously pled guilty to conspiring with others to distribute methamphetamine. Zaragoza-Soto also pled guilty to conspiring to distribute cocaine. Together, the two men were personally responsible for the distribution or attempted distribution of nine pounds of methamphetamine and five kilograms of cocaine to Alaska based co-conspirators. Zaragoza-Soto separately admitted storing an additional ten pounds of methamphetamine on behalf of other California and Mexico-based drug dealers. Upon being released from prison, both men will be on supervised release for five years.
According to Assistant U.S. Attorney Stephanie C. Courter, who prosecuted the case, the conspiracy began in February 2013 and continued until both men were indicted in October 2014. During the course of the conspiracy, both Zaragoza-Soto and Velarde engaged in multiple drug transactions.
For example, in October 2013, after receiving cash from an Alaska-based co-conspirator, Zaragoza-Soto mailed five pounds of methamphetamine and five kilograms of cocaine from an address in Colton, California to an address in Anchorage. The drugs were later seized by law enforcement, which found Zaragoza-Soto’s fingerprints on the inside of the materials used to package and ship the drugs. Later, in July 2014, Velarde personally delivered an additional four pounds of methamphetamine to an undercover agent posing as an Alaska drug distributor. In exchange for the drugs, Velarde accepted $20,000 in cash from the agent.
During the sentencing hearings, Judge Gleason raised concerns about the large quantity of methamphetamine and cocaine involved in the conspiracy, noting that crimes like this are ruining the lives of hundreds of families here in Alaska and wreaking havoc throughout our state. Judge Gleason also emphasized the importance of handing down sentences that addressed the seriousness of the defendants’ offense, promoted respect for the law, and protected the community from future crimes committed by the men.
The two sentencing hearings are related to a string of indictments returned in late 2014 and early 2015 as part of ongoing efforts to dismantle and prosecute several large scale drug trafficking rings with ties to Alaska, California, Texas, Arizona, and Mexico. To date, the following individuals have been sentenced as part of these efforts:
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Timothy Alex, an Anchorage drug distributor, previously sentenced to 108 months in prison;
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Daniel Harris, an Anchorage drug distributor, previously sentenced to 135 months in prison;
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Jose Ramon Canales, of Texas, previously sentenced to 70 months in prison for laundering drug money out of the United States and into Mexico; and
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Genaro Gutierrez-Reyes, of California, previously sentenced to 18 months in prison for laundering drug money out of the United States and into Mexico
Several other defendants are set to be sentenced in the coming months for their roles in trafficking heroin, cocaine, and methamphetamine to Alaska and then transporting the cash proceeds of their trafficking activities back to Mexico.
This and the related cases were investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF). In announcing the sentence, U.S. Attorney Loeffler praised the work of the law enforcement agencies involved, including the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation (IRS-CI), the Federal Bureau of Investigation (FBI), the U.S. Postal Inspection Service (USPIS), U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Anchorage Police Department (APD), the Alaska State Troopers (AST), and the Anchorage Airport Police Department. Additional assistance was provided by the U.S. Attorney’s Offices for the Western District of Texas, the Eastern and Central Districts of California, and the District of Arizona, as well as federal agents in all three states.
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Troy Man Sentenced for Distributing Crack CocaineRead the Press Release
ALBANY, NEW YORK – Anthony Redd, age 32, of Troy, New York, was sentenced today to serve 24 months of imprisonment for distributing crack cocaine, announced United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division,
Drug Enforcement Administration.United States District Judge Mae A. D’Agostino also sentenced Redd to serve three years of supervised release after his release from prison.
As part of his February 2015 guilty plea, Redd admitted that on March 10, 2014, in Troy, he agreed to sell 30 grams of crack cocaine to another. Redd further admitted that he actually sold 26.1 grams of crack cocaine to that person, in exchange for $1,800.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Wayne A. Myers.
Three Perry County Residents Sentenced on Methamphetamine OffensesRead the Press Release
On November 17, 2015, Skyler Elder, 25, Joseph D. Smith, 42, and Jamie L. Smith, 34, all of Pinckneyville, were sentenced in United States District Court, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.
Elder, who had previously pled guilty to one count of conspiracy to manufacture methamphetamine, was sentenced to 100 months in federal prison, 3 years’ supervised release, and fined $725.00. Joseph and Jamie Smith had previously pled guilty to one count of conspiracy to manufacture methamphetamine and one count of possessing pseudoephedrine knowing that it would be used to manufacture methamphetamine. Joseph Smith was sentenced to 60 months in prison, 3 years’ supervised release, and fined $825.00. Jamie Smith was sentenced to 54 months in prison, 3 years’ supervised release, and fined $800.00.
The offenses occurred between 2012 and December 2014, in Perry, Jackson, Randolph, and Franklin Counties. Evidence at the plea and sentencing hearings established that Elder, Joseph Smith, and Jamie Smith were involved with others in the manufacture of methamphetamine. Elder was a methamphetamine cook. The Smiths and others provided Elder with pseudoephedrine for the production of methamphetamine. Joseph Smith also allowed co-defendant Herman Sims, Jr., to manufacture methamphetamine at the Smiths’ Pinckneyville residence. At the sentencing hearing, the district judge found that Elder was responsible for the possession of 206.56 grams of pseudoephedrine and that the Smiths were responsible for the possession of 157.6 grams of pseudoephedrine. Co-defendants Sims and Jamie Trzinski have previously been sentenced to 84 months and 57 months, respectively, for their roles in the methamphetamine conspiracy.
The ongoing investigation is being conducted by the Perry County Sheriff’s Office, Jackson County Sheriff’s Office, Perry County Drug Task Force, Murphysboro Police Department, Randolph County Sheriff’s Office, and DuQuoin Police Department. The Pinckneyville Police Department and Illinois State Police Methamphetamine Response Team assisted in the investigation.
The case was assigned to Assistant United States Attorney Amanda A. Robertson for prosecution.
Three Louisville Men Charged with Possession of A Large Heroin QuantityRead the Press Release
Drugs were packaged for distribution, more than $100,000 seized
LOUISVILLE, Ky. – Three Louisville men were charged this week by grand jury indictment with aiding and abetting and conspiring to possess with the intent to distribute heroin and methamphetamine announced United States Attorney John E. Kuhn, Jr.
Oscar Portillo, age 39, Pedro Abarca, age 23, and Jose Luis Madrigal II, age 24, residing on Bishop Lane, in Louisville, are in the custody of the United States Marshal Service.
They were arrested and charge separately by criminal complaint on October 30, 2015. According to the complaint, on October 30, 2015, in Jefferson County, Kentucky, the defendants knowingly and intentionally possessed with intent to distribute heroin, a Schedule I controlled substance.
Further, on October 30, 2015, federal officers and others executed a state search warrant at 3921 Bishop Lane in Louisville. During the execution of the warrant, officers seized a large quantity of heroin, packaged for distribution, as well as more than $100,000 in United States currency, an assault rifle, and a loaded handgun. The three defendants lived at the residence, giving them direct access to and control over the contraband.
If convicted at trial, the defendants face a mandatory minimum sentence of ten years in prison for each charge, a possible fine of up to $10,000,000 and ordered to serve a ten year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Larry Fentress and is being investigated by the Federal Bureau of Investigation (FBI) and Louisville Metro Police.
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The charge of a person by Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
Three Indicted in Medical Equipment Kickback SchemeRead the Press Release
Pamela Gardner 53, and Torvis Gardner, 44, both of Springfield, Tennessee, and Dr. Donald Boatright, 70, of Nashville, Tenn., were indicted on November 18, 2015, by a federal grand jury on federal health care fraud charges, announced David Rivera, United States Attorney for the Middle District of Tennessee. The indictment charges the defendants with soliciting and receiving kickbacks, and conspiring to solicit and receive kickbacks, in exchange for making referrals for the purchase of medical equipment.
“Medical professionals and those engaged in the healthcare industries who receive payments from Medicare and TennCare, will continue to be held accountable when they attempt to enrich themselves by committing dishonest and illegal acts which tend to corrupt our healthcare system and place honest providers at a disadvantage,” said U.S. Attorney David Rivera.
According to the indictment, Pamela Gardner was part owner of Medical Necessities, a medical practice located in Springfield, Tennessee. Dr. Donald Boatright was a physician who practiced at Medical Necessities, and Torvis Gardner was an employee of Medical Necessities. The indictment alleges that the three defendants conspired to solicit and accept cash kickbacks in return for referring patients, who were Medicare or TennCare beneficiaries, to a particular medical equipment supplier. The indictment also charged each defendant with multiple counts of receiving cash kickbacks in exchange for medical equipment referrals.
The indictment alleges that the defendants solicited or accepted kickbacks in the following amounts: Pamela Gardner: $17,200; Torvis Gardner: $21,200; and Dr. Donald Boatright: $17,725.
“Health care fraud schemes are complex investigations and require dedicated focus on the details, especially when the facts lead to multiple wrong doers,” said A. Todd McCall, Special Agent in Charge of the Memphis Division of the Federal Bureau of Investigation. “These indictments represent the concentrated efforts of the FBI and our partners in TBI, HHS-OIG and the US Attorney’s Office, to target those who seek to defraud the government and to fight to protect taxpayer dollars designated to go to those truly in need.”
"When medical professionals sell their integrity, their actions demean the health care industry and expose the serious impact kickbacks can have on the Medicare system," said Derrick L. Jackson, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta.
“Health care fraud and abuse not only cost consumers and taxpayers, it also impacts the quality of health care,” said TBI Director Mark Gwyn. “We are fortunate to have a strong relationship with our federal law enforcement partners in continuing to this type of crime in Tennessee.”
Each defendant faces up to 5 years in prison on the conspiracy charge and up to 5 years in prison for each count of receiving a kickback.
An indictment is merely an accusation and is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty in a court of law.
This case was investigated by the Federal Bureau of Investigation; the Tennessee Bureau of Investigation; and the U.S. Department of Health and Human Services Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorneys William F. Abely and Thomas J. Jaworski.
Ten Individuals Sentenced in Stolen Identity Tax Refund SchemeRead the Press Release
GREENVILLE, Tenn. – Ten individuals indicted in February 2015 for conspiracy to commit wire fraud, theft of public money and money laundering conspiracy, have all been convicted and sentenced.
Eugene Carl Kotelman, 39, of Burtchville, Mich. was sentenced on Oct. 22, 2015, to serve 55 months in federal prison to run consecutively with any state sentence. Upon his release from prison, he will serve a term of three years supervised release.
Jamie Marie Lowery, 38, of Port Huron, Mich., was sentenced on Oct 10, 2015, to serve 27 months in federal prison to run consecutively with any state sentence. Upon her release from prison, she will serve a term of three years supervised release.
Brian Keith Elliott, 49, of Greeneville, Tenn., was sentenced on Oct. 8, 2015, to serve 27 months in federal prison consecutively to any state sentence. Upon his release from prison, he will serve a term of three years supervised release.
Bernard Erwin Goewey, 47, of Afton, Tenn., was sentenced on Aug 11, 2015, to serve three years of probation.
Michelle Goewey, 44, of Afton, Tenn., was sentenced on Aug. 11, 2015, to serve a total of six months in prison, followed by a term of six month home detention. Upon her release from prison, she will serve three years of supervised release.
Timothy Ray Groh, 46, of Port Huron, Mich., was sentenced on Oct. 6, 2015, to serve to serve 27 months in federal prison. Upon his release from prison, he will serve a term of three years supervised release.
Jake Marshall McKelvey, 53, of Atlanta, Mich., was sentenced on Oct. 8. 2015, to serve 27 months in prison to run consecutive with any sentence received in state court. Upon his release from prison, he will serve three years supervised release.
Gerald Kenneth Orshal, III, 56, of Crystal River, Fla., was sentenced on Nov. 19, 2015, to serve 12 months in prison. Upon his release from prison, he will serve three years on supervised release.
Amy Rose Peters Thompson, 33, Port Huron, Mich., was sentenced on Nov. 19, 2015, to serve 15 months in federal prison. Upon her release from prison, she will serve three years of supervised release.
Terri Lynn Worley, 52, of Port Huron, Mich., was sentenced on Oct. 6, 2015, to serve 24 months in prison and three years of supervised release upon her release from prison.
Each defendant was ordered to pay restitution to the United States in the amount of $1,249,934.00, which they owe jointly and severally. Each defendant was ordered to pay a special assessment of $100.
Between January 2008 and December 2012, these individuals conspired to obtain money from the Internal Revenue Service (IRS) by submitting fraudulent federal income tax returns that claimed false federal income tax refunds. As part of the scheme, they submitted, or caused to be submitted, a total of 150 federal income tax returns claiming false tax refunds of $1.2 million. The false returns were filed using stolen Personal Identification Information (PII) of others which was used without the individual’s authorization.
U.S. Attorney Bill Killian said, “The U.S. Attorney’s Office will continue to prosecute these types of offenders. Collectively, these 10 individuals will serve 220 months in federal prison. This sends a message to others who may consider committing identity theft and tax fraud against innocent taxpayers that they are facing serious penalties for their actions.”
“Individuals who commit identity theft and refund fraud of this magnitude deserve to be punished to the fullest extent of the law,” said Tamera Cantu, Acting Special Agent in Charge. “These individuals demonstrated a blatant disregard for the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS Criminal Investigation remains committed to the pursuit of identity theft, and together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable.”
The case was investigated by Special Agents with the IRS–Criminal Investigation. Assistant U.S. Attorney Helen Smith represents the United States.
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Tampa Woman Sentenced to 12 Years in Federal Prison for Stolen Identity Refund FraudRead the Press Release
Tampa, FL – U.S. District Judge Elizabeth A. Kovachevich today sentenced Rita Girven (33, Tampa) to 12 years in federal prison for conspiracy to commit wire fraud and aggravated identity theft. She pleaded guilty on March 16, 2015.
According to court documents, from an unknown date, through at least May 2013, Girven participated in a scheme to defraud the IRS. As part of the scheme, Girven, together with others, obtained the personally identifiable information of others without their knowledge from a variety of sources, including online ancestry websites and from individuals who had access to law enforcement databases. The information was then used to file fraudulent federal income tax returns. The fraudulent tax refunds were then wired onto reloadable debit cards obtained by Girven, or to bank accounts she had opened, often in the names of others. Girven participated in the filing of false tax returns in the names of more than 500 victims, claiming more than $3.6 million in refunds that she shared with her co-conspirators.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the Tampa Police Department, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
South Carolina Doctor Sentenced to 10 Years for Internet Enticement of A MinorRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced John Francis Williams (69, Blytheville, SC) to 10 years in federal prison for using the Internet to attempt to persuade a minor to engage in sexual activity. Williams was found guilty on August 31, 2015, after a four day jury trial.
According to evidence presented at trial, in October 2012, while visiting his vacation home in Port Orange, Florida, Williams responded to a Craigslist ad. The ad had been placed by an undercover officer posing as the mother of a 14-year-old girl who was looking for a man to teach her child about sex. After a series of emails and phone calls with the “mother,” Williams drove to a house where he intended to have sex with the teen. He brought an overnight bag containing condoms, lubricants, and vibrators. At the time, Williams was a practicing cardiac anesthesiologist.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Volusia County Sheriff’s Office, the Brevard County Sheriff’s Office, and the Internet Crimes Against Children Task Force. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Sex Offender Living on Ft. Campbell Military Base SentencedTo 25 Years in Prison for the Production of Child PornographyRead the Press Release
PADUCAH, Ky. – Kevin Alan Lewis, a civilian formerly residing on Ft. Campbell, Kentucky military base, was sentenced to 25 years in prison, followed by a life sentence of supervised release by Senior Judge Thomas B. Russell, in U.S. District Court on November 19, 2015, for the offense of production of the sexually-explicit image of a minor, announced United States Attorney John E. Kuhn, Jr.
“Protecting the young and most vulnerable of our community is a priority of the Department of Justice and my office,” stated U.S. Attorney Kuhn. “The 25 year sentence is a just outcome as there is no parole in the federal system.”
According to the plea agreement filed July 21, 2015, Lewis admitted that on or about March 10, 2014, he persuaded and used an 11-year old male to photograph his (the minor’s) genitals, and then transmit that image to Lewis through the Internet, a facility of interstate commerce, with an electronic device. In addition, the photographic image was produced using materials that had been mailed, shipped, or transported in interstate or foreign commerce. The persuasion and use of the minor to produce the explicit image occurred on the Fort Campbell, Kentucky military base. According to three of five charges in a Superseding Indictment which were dismissed, Lewis was a registered sex offender in Christian County, Kentucky based on a 2003 conviction for Child Molestation in Georgia.
This case was prosecuted by Assistant United States Attorneys David Sparks and Marisa Ford, and was investigated by the Federal Bureau of Investigation with the assistance of the United States Army Campbell Criminal Investigation Detachment (CID) at Fort Campbell.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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."
Scranton Woman Sentenced to Two Years Probation, Ordered to Forfeit $431,500 in Currency Transaction CaseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ann Pelicci, former employee at the Pelicci Pain Center in Scranton, was sentenced to two years probation on November 18, 2015, by Senior United States District Judge Edwin M. Kosik in Scranton, for her involvement in evasion of federal currency transaction reporting requirements by structuring cash transactions at several Northeast Pennsylvania banks between 2011 and 2013.
Ann Pelicci was also ordered to pay a fine of $6,000 and to serve six months of her sentence at her residence on a monitored curfew schedule as directed by the U.S. Probation Office.
According to United States Attorney Peter Smith, the defendant was the wife of Leroy J. Pelicci, a physician and owner/operator of the “Pelicci Pain Relief Center.” An indictment filed in March 2014 alleged that the Peliccis withdrew approximately $431,500 in cash from an investment account and then deposited the cash into account at four Scranton area banks, Fidelity Bank, Citizens Bank, Penn Security Bank and FNCB, in 49 separate transactions, totaling $431,500, most of which were in $9,000 amounts, just below the amount that would trigger the reporting requirement, between January and July 2012. The accounts were opened in the name of Ann Pelicci.
In the indictment, the government sought forfeiture of $431,500, the amount seized from the Pelicci bank accounts at the time of the indictment. On July 6, 2015, Judge Kosik issued an order directing that the funds were to be forfeited to the government.
The transfer of funds took place after the patient and billing records of the Pelicci Pain Relief Center became the subject of an inquiry by agencies of the Commonwealth of Pennsylvania. Most of the transactions were made by Dr. Pelicci who died shortly after the indictment was filed. Ann Pelicci made several of the transactions and pleaded guilty to aiding and abetting the criminal activity.
“Structuring” is the conducting of transactions in currency at one or more financial institutions for the purpose of evading federal reporting requirements. Banking institutions are required to file currency transaction reports (CTRs) with the Internal Revenue Service for each deposit, withdrawal or exchange of currency or other payment that involves currency of more than $10,000. The law also prohibits evading or attempting to evade the reporting requirements or attempting to cause banks to fail to file CTRs.
The investigation was conducted by the Scranton office of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Michelle Olshefski with the assistance of the United States Attorney’s Office’s Victim Rights and Asset Recovery Unit.
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San Angelo Man Sentenced to 235 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
LUBBOCK, Texas — Justin Benedict Morales, 41, of San Angelo, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to 235 months in federal prison, following his guilty plea in August 2015 to one count of transportation of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
According to plea documents filed in the case, in November 2014, Morales used the Internet to send at least eight images of prepubescent child pornography via the online instant messaging client, Yahoo Messenger. Morales used several Yahoo IDs to transport and trade images and videos of child pornography. His laptop computer and hard disk drive were seized when special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Texas Attorney General’s Internet Crimes Against Children (ICAC) Task Force, and the San Angelo Police Department, executed a search warrant at his residence in May 2015.
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.”
ICE HSI, the Texas Attorney General’s Internet Crimes Against Children Task Force, and the San Angelo Police Department investigated. Assistant U.S. Attorney Steven M. Sucsy was in charge of the prosecution.
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Saco Man Pleads Guilty to Pharmacy RobberyRead the Press Release
Contact: Jonathan R. Chapman
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that William C. Day, 40, of Saco, Maine pleaded guilty today in U.S. District Court to pharmacy robbery.
According to court documents, on August 10, 2015, Day entered the Community Pharmacy on Main Street in Saco, vaulted the counter at the back of the store and demanded that employees give him narcotic drugs. Officers of the Saco Police Department responding to a silent alarm spotted Day running away from the pharmacy with the drugs and chased him to a location near School Street. There, the officers arrested Day and recovered most of the stolen drugs.
Day faces up to 20 years in prison and a $250,000 fine. He will be sentenced after completion of a presentence investigation report by the U.S. Probation Office. A sentencing date has not been set. He has been held without bail since the date of his arrest.
The investigation was conducted by the Saco Police Department and the Federal Bureau of Investigation.
Rwandan national convicted of resisting deportation ordersRead the Press Release
ALEXANDRIA, La. – United States Attorney Stephanie A. Finley announced today that a federal jury found a Rwandan national guilty of refusing to leave the country after being ordered to depart.
Innocent Safari Nzambereka, 37, of Rwanda, was found guilty of two counts of failure to depart for resisting removal after final deportation orders. United States District Judge Dee D. Drell presided over the trial. The defendant’s trial started Thursday and ended today with the jury returning the guilty verdict after deliberating for approximately 45 minutes. Evidence admitted at trial revealed that on March 12, 2013 and April 11, 2013, Nzambereka refused to sign visa applications necessary for him to be sent back to the Republic of Rwanda where he had been ordered to return.
Nzambereka faces four years in prison, three years of supervised release and a $250,000 fine for each count. Sentencing has been set for February 29, 2016.
The Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorneys Howard C. Parker and Dominic A. Rossetti are prosecuting the case.
Recruiters in Multi-Million Dollar Mortgage Fraud Sentenced to PrisonRead the Press Release
BOSTON – A Virginia man and woman who recruited participants into a multi-year, multi-property mortgage fraud scheme in Roxbury and Dorchester were sentenced this week in U.S. District Court in Boston.
Jerrold Fowler, 31, of Virginia, was sentenced by U.S. District Court Judge Richard G. Stearns to two years in prison, three years of supervised release, and ordered to pay restitution of $3,786,815 and to forfeit $7,413,712. In June 2015, Fowler pleaded guilty to one count of wire fraud and one count of bank fraud.
Thursa Raetz, 40, of Virginia, was sentenced by Judge Stearns to two years in prison, three years of supervised release and ordered to pay restitution of $3,099,224 and to forfeit $7,413,712. In June 2015, Raetz pleaded guilty to two counts of wire fraud and one count of bank fraud.
Between September 2006 and April 2008, Michael David Scott, a former real estate developer, arranged to purchase multi-family residences in Roxbury and Dorchester and then sold individual condominium units in the buildings to straw buyers recruited by him and his co-conspirators, Fowler and Raetz. Scott, Raetz, and Fowler recruited the straw buyers with promises that they would not have to make down payments, pay any funds at the closing, or be responsible for mortgage payments, and with assurances that they also would share in profits when the units were resold. In order to obtain mortgage loans in the names of the straw buyers, Scott, Raetz, and Fowler submitted mortgage loan applications that falsely represented key information, including the buyers’ income, personal assets, down payment, and intention to reside in the condominiums. The mortgage lenders (nine national mortgage companies and one local bank) were led to believe that the straw buyers had made substantial down payments and paid substantial sums at closings.
On Nov. 12, 2015, Scott, who also pleaded guilty to charges arising out of his role in the scheme, was sentenced to 135 months in prison, five years of supervised release and ordered to pay restitution of $11,374,201 and to forfeit $7,413,712.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Victor A. Wild of Ortiz’s Economic Crimes Unit and Ryan M. DiSantis of Ortiz’s Public Corruption Unit.
Plano Man Sentenced to 33 Months in Federal Prison for Role in Scheme to Obtain and Use Stolen Identieis to Steal Federal Income Tax RefundsRead the Press Release
DALLAS — A Plano, Texas, man who admitted his role in a stolen identity tax refund scheme was sentenced today, announced U.S. Attorney John Parker of the Northern District of Texas.
Benjamin Kinyua, who is a resident of Plano, according to the court’s order setting conditions of his release, was sentenced today by U.S. District Judge Sidney A. Fitzwater to 33 months in federal prison and ordered to pay $480,643 in restitution. Kinyua pleaded guilty to one count of theft of federal funds and aiding and abetting.
Two others charged and convicted in the case have also been sentenced. Thomas Nganga Muya is currently serving a 27-month federal prison sentence and Harry Fabrice Cheickh Amont is currently serving a 30-month federal prison sentence.
According to Kinyua’s filed factual resume, from 2012 through May 17, 2013, Kinyua regularly acquired and then cashed U.S. Treasury checks, as well as third-party tax refund checks that he knew had either been stolen or obtained by fraud. Mostly, Kinyua cashed the checks at a check-cashing business in Dallas County. From February 2013 through May 17, 2013, Kinyua also presented and participated in the presentation of 16 checks to undercover agents of the Internal Revenue Service Criminal Investigation (IRS-CI), who were posing as persons willing to pay cash for stolen tax refund checks. The factual resume outlines the fencing of a $595,901 stolen IRS refund check.
IRS-CI investigated the case. Assistant U.S. Attorney Chris Stokes was in charge of the prosecution.
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Placer County Man Sentenced to over 4 Years in Prison for Multimillion Dollar Loan FraudRead the Press Release
SACRAMENTO, Calif. — United States District Judge Morrison C. England Jr. sentenced Ryan Costo, 40, of Roseville, to four years and three months in prison for bank fraud in a scheme to defraud lenders, United States Attorney Benjamin B. Wagner announced.
According to court documents, Costo overstated his income and financial assets in connection with a $1.35 million loan from Bank of America related to the acquisition of a classic aircraft. Costo not only made false statements about his income and various bank and stock account balances on the loan application, but also caused various false and fraudulent account statements and tax returns to be given to the Bank of America in order to procure the loan. Costo made various false representations and submitted false documents to obtain three other loans: a $1.95 million loan from CitiMortgage Inc. related to a Granite Bay residence; a $3 million loan from Washington Mutual Bank, now Chase, related to another Granite Bay residence, and a $267,000 loan from San Diego Private Bank. Costo pleaded guilty to bank fraud on October 3, 2013.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Shelley D. Weger prosecuted the case.