Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 19 November 2015
Former Tucson Resident Sentenced to 27 Months’ Imprisonment for Filing False Tax ReturnsRead the Press Release
TUCSON, Ariz. – Today, former Tucson resident April Escobedo, 43, of Las Vegas, Nev., was sentenced by Chief U.S. District Judge Raner C. Collins to 27 months’ imprisonment and ordered to pay $255,189 in restitution to the United States Treasury. Escobedo previously pleaded guilty to wire fraud.
Between January, 2010, and June, 2013, Escobedo filed approximately 265 false federal income tax returns claiming false refunds in the amount of approximately $472,351. As a result, the United States Treasury issued false income tax refunds in the total amount of approximately $255,189.
Between January 2010 and June 2013, Escobedo filed approximately 265 false federal income tax returns claiming refunds in the amount of approximately $472,351. As a result, the United States Treasury issued false income tax refunds in the total amount of approximately $255,189. In order to obtain the false tax refunds, Escobedo used the names and social security numbers of other individuals along with false wages and withholding on the false income tax returns she filed with the Internal Revenue Service. Escobedo obtained the names and social security numbers by various means, including 1) offering to pay some people a portion of the false income tax refund obtained with their personal information; 2) using the names and social security numbers from employment applications of individuals who applied to work for Escobedo’s boyfriend; and 3) obtaining names and social security numbers of others from her daughters. Escobedo deposited portions of the fraudulent proceeds in her bank account and she directed her daughters to open bank accounts to distribute other false tax refunds.
Escobedo deposited portions of the fraudulent proceeds in her bank account and she directed her daughters to open bank accounts to distribute other false tax refunds.
The daughters, Cassandra Grijalva and Rachel Grijalva, both of Tucson, previously plead guilty to conspiracy to defraud the United States. They were sentenced to five and three years’ probation respectively.
The investigation in this case was conducted by the Internal Revenue Service-Criminal Investigation. The prosecution was handled by Jane L. Westby, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-14-01644-RCC-1
RELEASE NUMBER: 2015-114_Escobedo
# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former Sailor and Convicted Serial Rapist Pleads Guilty to 2010 AttackRead the Press Release
NORFOLK, Va. – Amin Jason Carl Garcia, 26, of New York, New York, a convicted serial rapist and former U.S. Navy sailor, pleaded guilty today to charges relating to the attack of a former Army officer while she was taking a shower at Camp Arifjan in Kuwait in 2010.
In a statement of facts filed with the plea agreement, on April 29, 2010, the U.S. Army Criminal Investigative Division (CID) Kuwait, was contacted regarding the assault and attempted rape of a U.S. Army officer in the female shower trailer at Camp Arifjan, Kuwait. According to the victim, approximately three minutes into her shower, an unknown black male whose face was almost fully covered by a military tan undershirt, pulled her from the shower to the opposite end of the trailer and ordered her to face away from him. The victim resisted her attacker, who subsequently cut her numerous times with a box cutter type knife and punched her several times in the head. At one point during the attack, the attacker stated that he “guessed” at that point he would have to kill her. Eventually, the victim complied with her attacker and stated that she would do what he wanted to do, but begged that he not cut her any more. Shortly after the comment, the attacker fled the scene on foot and the victim ran to her tent to get help before being transported to the medical facility in Camp Arifjan.
According to court documents, while processing the crime scene investigators recovered a shirt covered in what appeared to be blood. That shirt was believed to be the shirt that was covering the face of the attacker. Also discovered at the crime scene was what appeared to be a trail of blood that led from the female shower trailer to a washroom in which additional blood was collected. Upon testing of the material collected by the U.S. Criminal Investigative Laboratory (USACIL), it was determined that the stains were produced by blood and two DNA profiles were developed. One DNA profile was that of the female known victim, and the other was identified as from an unknown male with Type A blood. The unknown male Type A blood profile also matched the blood found in the washroom. Subsequent investigative steps identified Garcia as a suspect in the assault at Camp Arifjan. These steps included a check of military records, which confirmed that Garcia was in the military and had been assigned to Camp Arifjan at the time of this assault.
According to court documents, in December 2013, Garcia was still in the U.S. Navy Reserves. On the weekend of Dec. 14, 2013, when Garcia was serving his reserve drill period at the Navy Operational Support Center (NOSC), Bronx, New York, NCIS investigators shadowed him and, after Garcia ate lunch, agents seized the fork, two cups, and banana to recover swabs for DNA analysis. The analysis of the biological material seized by investigators revealed that it matched the DNA that was obtained from the assault of the victim at Camp Arifjan in April 2010.
Garcia’s DNA also was a match for DNA recovered at the scene of a sexual assault on a Norfolk woman in 2008. The same rapist returned to the victim’s home again later in 2008 and raped the initial victim’s daughter. NCIS and the Norfolk Police Department (NPD) began to work together to try to identify the rapist, and NPD later recovered latent fingerprints from the scene in 2008. Those fingerprints from 2008 matched the fingerprints of Garcia. Garcia was a U.S. Navy reservist at the time of the 2008 rapes and lived approximately one mile from the victims.
Garcia was originally indicted by a federal grand jury on Oct. 9, 2014, and will be sentenced on Feb. 22, 2016. In August 2014, Garcia was convicted of the 2008 rapes in Norfolk Circuit Court and was sentenced to life in prison.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, made the announcement after the plea was accepted by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorneys Elizabeth M. Yusi and Benjamin L. Hatch are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:14cr134.
###
Former Government Contract Employee Sentenced to Probation for Misusing VA Credit CardRead the Press Release
PITTSBURGH – An Allegheny County resident has been sentenced in federal court to a period of three years of probation on his conviction of theft of government property, United States Attorney David J. Hickton announced today.
United States District Judge Cathy Bissoon imposed the sentence on Brian R. Kaminski, 31, of Allison Park, PA.
According to information presented to the court, Kaminski was a Contract Specialist employed by the Department of Veteran’s Affairs who was given a Government Purchase Card (a credit card) for use in his duties for those occasions when he needed to make incidental purchases. During the period September through November 2012, Kaminski made a series of 29 unauthorized purchases (in person and online) at four different merchants totaling just over $28,000. Kaminski then took steps to hide what he had done relative to the internal accounting procedures of the VA.
U.S. Attorney Hickton commended the Department of Veteran Affairs - Veterans Affairs Police and the Office of Inspector General for the investigation leading to the successful prosecution of Kaminski.
Former Florida State University Finance Professor Convicted of EmbezzlementRead the Press Release
TALLAHASSEE, FLORIDA – Today, a federal jury convicted former Florida State University (FSU) Assistant Professor of Finance, James S. Doran PhD, 40, of Boulder, Colorado, of embezzlement concerning a program receiving federal funds. The verdict was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
At trial, the government presented evidence that, between May 2010 and March 2011, Doran, while employed at FSU’s College of Business, intentionally embezzled money from the Student Investment Fund Inc. (SIF). The SIF was developed to give business students practice in conducting stock purchases and managing an investment portfolio. Doran, who oversaw the SIF as a faculty advisor, made a series of transfers totaling more than $650,000 from the SIF to his own personal investment account. He also used $10,000 in SIF monies to pay for a performance evaluation of his personal investment fund. Doran returned the monies after an audit disclosed his illegal transfers.
Doran faces a maximum of 10 years in prison. The sentencing hearing is scheduled for February 12, 2016, at 11:00 a.m. at the United States Courthouse, in Tallahassee, Florida.
The case was investigated by the United States Secret Service, the FSU Police Department, and the FSU Office of Inspector General Services. It was prosecuted by Assistant United States Attorneys Jason R. Coody and Gary K. Milligan.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Former Dmv Clerk Sentenced to ProbationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-The United States Attorney’s Office announced today that Michael Anthony Young, 49, of Buffalo, NY, who was convicted of obtaining information from a protected computer, was sentenced to one year probation by U.S. Magistrate Judge H. Kenneth Schroeder, Jr.Assistant U.S. Attorney Elizabeth R. Moellering, who handled the case, stated that Young, a former employee at the Erie County Department of Motor Vehicles, used his position as a Motor Vehicle Representative to solicit and accept bribes for his assistance in completing paperwork and passing permit examinations. At times, the defendant would provide the correct answers to individuals in advance of the permit test. After the applicant received Young’s assistance, Young would complete paperwork containing false information, including false permit test results, which would then be inputted into the DMV computer systems.
The sentencing is the result of an investigation by Special Agents from the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and Investigators from the New York State Department of Motor Vehicles, Division of Field Investigations.
Former Citizens Bank Branch Manager Facing Federal Fraud ChargesRead the Press Release
PITTSBURGH - A resident of Allegheny County has been indicted by a federal grand jury in Pittsburgh on charges of bank fraud, access device fraud and bank officer embezzlement, United States Attorney David J. Hickton announced today.
The six-count indictment, returned on Nov. 18, named Tara Lynn Petrucci, 36, of Gibsonia, PA, as the sole defendant.
According to the indictment, Petrucci, a former branch manager at the Citizens Bank in Bellevue, Pa., unlawfully obtained Citizens Bank debit cards inadvertently left by customers who used the Bellevue Citizens Bank ATM, used the customer debit cards to make unauthorized purchases of merchandise at retailers such as the Walmart store in Cranberry Township, Pa. and at other retailers. Petrucci also identified Citizens Bank customers who did not regularly manage their accounts, mainly older-aged account holders, and stole funds from their accounts with forged withdrawal slips.
The law provides for a total sentence of 100 years in prison, and a fine of $3,000,000.00. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Chicago Police Sergeant Pleads Guilty to Passing Government Information to Store Clerk in Exchange for Cash PaymentsRead the Press Release
CHICAGO — A former sergeant in the Chicago Police Department pleaded guilty today to charges he took cash payments from a liquor store clerk in exchange for disclosing private government information.
RAY M. RAMIREZ served as a sergeant in the 12th Police District on the city’s Near West Side. Ramirez admitted in a plea agreement that he obtained information from law enforcement databases and passed it to the store clerk in exchange for cash payments of $150 to $200. The information included a criminal background check on a prospective store employee, a vehicle registration check, and a review of police incidents occurring in and around the store.
Ramirez also admitted that he shook down the clerk and other store employees for cash payments ranging from $70 to $200. Ramirez wore his police uniform and was on duty when he demanded the payments, according to the plea agreement.
Ramirez, 52, of Chicago, pleaded guilty to one misdemeanor count of intentionally accessing a Chicago Police Department mobile computer and exceeding his authorized access to obtain information from a department or agency of the United States. He faces a maximum sentence of 12 months in prison, a maximum fine of $100,000, and mandatory restitution. U.S. District Judge Ronald A. Guzman scheduled a sentencing hearing for March 16, 2016, at 10:30 a.m.
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 United States Attorney Megan Cunniff Church.
Plea Agreement
Former Boston Police Officer Sentenced for Making False StatementsRead the Press Release
BOSTON – A former Boston Police officer who was also the former treasurer of the Boston Police Patrolmen’s Association was sentenced today for making a false statement to the FBI in connection with his cash loans to a known criminal.
David Michael Fitzgerald, 49, who resides in Milton, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year of probation and a fine of $1,000. In July 2015, Fitzgerald pleaded guilty to one count of making a false statement to the FBI. Fitzgerald was a Boston Police officer from 1996 until June 2015 when he resigned as part of his plea agreement. He was the treasurer of the Boston Police Patrolmen’s Association (BPAA) from 2012 to 2014.
Fitzgerald developed a relationship with an individual who was known to be a street-level drug dealer and bookmaker. During the course of this relationship, Fitzgerald made cash loans to the individual, which were paid back in weekly installments. On April 27, 2015, Fitzgerald met the individual in Watertown in order to collect a $500 cash installment for one of the outstanding loans. Later that same day, when federal agents who were investigating the matter questioned Fitzgerald, he falsely stated that the purpose of his meeting with the individual was simply social in nature and that he had never loaned money to the individual. Not only were these statements untrue, but they were intended to interfere with an ongoing federal investigation.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Evans, made the announcement today. The U.S. Attorney’s Office also wishes to acknowledge the cooperation of the Boston Police Department’s Anti-Corruption Division. The case was prosecuted by Assistant U.S. Attorney Eugenia M. Carris and Robert Fisher of Ortiz’s Public Corruption and Special Prosecutions Unit.
Former Army Reservist Arrested in Connection with Worcester Armory TheftRead the Press Release
BOSTON – A former Army Reservist has been arrested in New York in connection with the theft of sixteen weapons from a U.S. Army Reserve Center in Worcester, Mass.
James W. Morales, 34, of Cambridge, Mass. was charged in U.S. District Court in Massachusetts with one count of unlawful possession of a machine gun, one count of unlawful possession of stolen firearms and one count of theft of government property. Morales was arrested in Westbury, New York on Wednesday night after evidence linked him to the crime scene and agents tracked him to Long Island.
It is alleged that on the morning of Nov. 15, 2015, personnel at the U.S. Army Reserve Center on Lake Avenue North in Worcester, Mass. reported a forced entry through the roof of a weapons vault and that sixteen weapons, specifically six M-4 rifles and 10 Sig Sauer M11 9mm pistols, had been stolen. An investigation revealed that the perpetrator allegedly entered the facility through a kitchen window and then gained access to the inside of the weapons vault by cutting a hole through the vault’s ceiling with a power saw and pry bar.
Blood samples were recovered inside and on the weapons vault at the armory and Morales was subsequently identified as the source. Further investigation revealed that Morales was on electronic monitoring based on a charge in May 2015 in Middlesex Superior Court for child rape and indecent assault. Review of the information recorded by Morales’s electronic monitoring bracelet revealed that he arrived at the facility at approximately 6:40 p.m. on Nov. 14, 2015 and was present until 12:08 a.m. the following morning. The bracelet places Morales directly inside the facility several times during the intervening period.
Each charge provides a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Daniel Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Richard McKeon, Superintend of the Massachusetts State Police; Chief Gary Gemme of the Worcester Police Department; Boston Police Commissioner William Evans; Acting Police Commissioner Thomas C. Krumpter of the Nassau County Police Department, Mineola, New York; and Sheriff Michael J. Sposato of the Nassau County Sherriff’s Department, East Meadow, New York, made the announcement today. The U.S. Attorney’s Office would like to acknowledge the cooperation and assistance of U.S. Attorney Robert L. Capers’s Office in the Eastern District of New York.
The case is being prosecuted by Assistant U.S. Attorneys Mark Grady and Corey Flashner of Ortiz’s Worcester Branch Office.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Five Sentenced in Violent Carjacking Spree Involving Seven Carjackings in Four CountiesRead the Press Release
ATLANTA – Ladarious Gibbs, Derek C. Turner, Andre Clark, Brandon Washington, and Raphael Banks have been sentenced to federal prison for a series of violent armed carjackings in the Atlanta area.
“The defendants’ crimes were alarmingly violent,” said U.S. Attorney John A. Horn. “These young men preyed upon the citizens of our community. A carjacking is a jarring event alone, but a string of them instills fear and unease throughout the entire community. We hope the long sentences here restore a sense of safety and send a message to anyone who might think of committing this type of crime.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated, “These individuals, through their unified criminal acts, were responsible for a significant violent crime spike in and around the City of Atlanta. It is cases such as this that really do require the combined efforts and resources of law enforcement working together and across jurisdictional boundaries to get these violent offenders off of our streets and into prison.”
“These violent repeat offenders, who are responsible for many crimes throughout the Metro Atlanta, will now be held responsible for their heinous actions,” said Atlanta Police Chief George Turner. “Our partnership efforts with the FBI as well as Cobb, Gwinnett, DeKalb and Cobb Counties and other law enforcement agencies prove that joint efforts lead to successful outcomes.”
According to United States Attorney Horn, the charges and other information presented in court: Between December 29, 2012, and January 18, 2013, the defendants committed at least seven carjackings in Fulton, Gwinnett, Cobb, and DeKalb Counties. During several of the robberies, the defendants pointed guns at the victims and threatened to kill them. The defendants then robbed victims of their cars, personal belongings, cash and cellular telephones. One of the victims was a pregnant woman who suffered pre-term labor as a result of her carjacking and had to be hospitalized. One of the defendants was apprehended following a 100-mile-per-hour chase through downtown Atlanta that endangered dozens of innocent people.
A federal grand jury indicted the defendants on May 20, 2014. Gibbs, Turner, Clark, and Washington pleaded guilty to carjacking and possession of a firearm in furtherance of a crime of violence. Banks pleaded guilty to being an accessory to the crimes. The men received the following sentences:
-
Ladarious Gibbs, a/k/a, “Lil D,” 24, of Atlanta, Georgia was sentenced to 30 years in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $29,080.68.
-
Derek C.Turner, a/k/a, “Snoop,” 22, of Atlanta, Georgia, was sentenced to 27 years in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $29,080.68.
-
Andre Clark, a/k/a, “Yammy,” 23, of Atlanta, Georgia, was sentenced to 10 years and one month in prison, to be followed by five years of supervised release.He was ordered to pay restitution in the amount of $1428.
-
Brandon Washington, a/k/a, “Lil B,” 21, of Atlanta, Georgia, was sentenced to nine years and nine months in prison, to be followed by five years of supervised release.
-
Raphael Banks, 26, of Atlanta, Georgia, was sentenced to four years and nine months in prison, to be followed by three years of supervised release.He was ordered to pay restitution in the amount of $500.
This case was investigated by the Federal Bureau of Investigation, Cobb County Police Department, and Atlanta Police Department.
Assistant United States Attorneys Stephanie Gabay-Smith and Ryan K. Buchanan prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
-
Federal Jury Finds A Jacksonville Civil Traffic Engineer Guilty of Possession of Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that a federal jury in Jacksonville today found William Roland Baker (64, Jacksonville) guilty of two counts of possessing child pornography. He faces a mandatory minimum penalty of 10 years, up to 20 years, in federal prison on each count, and a potential life term of supervision. Baker is a registered child sex offender who was previously convicted of lewd and lascivious conduct with a child on November 22, 1995. He has been in custody since his arrest on November 4, 2013 in Jacksonville, and had previously worked as a civil traffic engineer.
According to testimony and evidence introduced during the trial, in early 2013, an agent with the Florida Department of Law Enforcement was able to download several images and a video of child pornography over the Internet from a computer using an Internet Protocol address that was traced back to Baker’s Jacksonville residence. On May 29, 2013, a federal search warrant was executed at this residence, where law enforcement seized two laptop computers from Baker’s bedroom. A forensic examiner was able to recover images of child pornography from Baker’s computers, even though Baker had used an eraser program on the evening before the search. During an interview, Baker claimed that he did not download child pornography. However, the forensic analysis of his laptop computer showed that he had used particular terms to search for child pornography in a file sharing program. Baker’s computers contained a total of 338 images depicting the sexual abuse of young children.
This case was investigated by the Florida Department of Law Enforcement and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case 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, 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.
Federal Correctional Officer Sentenced to 18 Months for Public CorruptionRead the Press Release
RICHMOND, Va. – Jermaine Brown, 37, of Chesterfield, was sentenced today to 18 months in prison for accepting bribes in his role as a federal prison guard in exchange for smuggling cigarettes to inmates.
Brown pleaded guilty on Aug. 20, 2015. According to court documents, Brown admitted that he accepted bribes in exchange for providing contraband cigarettes to inmates while he was employed as a correctional officer at Federal Correctional Institute–Petersburg. After providing the contraband cigarettes, Brown instructed the inmates to have their friends or family members wire transfer money to a known associate of Brown.
According to court documents, on or about Feb. 10, 2011, Brown’s associate picked up two Western Union wire transfers totaling $1,450 sent by or on behalf of the inmates, and the associate delivered the money to Brown as a bribe for providing contraband cigarettes to inmates at FCI Petersburg. As part of his plea, Brown agreed that he received and accepted a total of $3,050 in bribes from federal inmates.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office; and Michael Tompkins, Special Agent in Charge of the Department of Justice Office of the Inspector General’s Washington Field Office, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorneys Erik S. Siebert and Michael C. Moore are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:15-cr-93.
###
Family Members Charged with Conspiring to Impede Federal Arson Investigation, Including Offering to Murder a WitnessRead the Press Release
Baltimore, Maryland – Greg Ramsey, age 54, and his niece, Tyesha Towanda Roberts, age 37, both of Baltimore, have been charged by criminal complaint with conspiracy to obstruct and impede a federal investigation. Ramsey is also charged with malicious destruction of property by fire. The charges arise from a scheme to impede a federal investigation into the arson of a building and two automobiles on August 26, 2013. The criminal complaint was issued on November 9, 2015 and unsealed upon the arrest of the defendants.
The charges were 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; Commissioner Kevin Davis of the Baltimore Police Department; and Maryland State Fire Marshal Brian Geraci.
According to the affidavit filed in support of the criminal complaint, Ramsey was employed by an individual who pleaded guilty to use of fire to commit a federal felony, wire fraud and malicious destruction of a property by fire, in connection with the August 26, 2013, arson of a home and two vehicles in the area of Walbrook Avenue in Baltimore. During the investigation, phone records showed that a cellular phone used by Ramsey was in the vicinity at the date and time the fires were set and that he was in frequent contact with his employer during that time frame. Ramsey was not aware of his former employer’s guilty plea.
According to the criminal complaint, from September through November, 2015, Ramsey had several discussions with his former employer concerning how to shift the blame for the fires to another former employee. Ramsey offered to have Roberts, whom he referred to as his sister, falsely testify and provide an alibi for Ramsey’s employer. In addition, Ramsey offered to have someone kill a witness to prevent that witness from testifying at trial. Roberts confirmed that she was willing to offer false testimony, and took $1,000 from a confidential source, as an initial payment. On November 2, 2015, Ramsey and Roberts met with Ramsey’s former employer to discuss the particulars of Roberts’ false testimony. Ramsey offered to plant his cell phone at the former employee’s residence whom they had previously discussed setting up for the arson. During a discussion about possibly killing any witness testifying for the prosecution, Roberts offered that she knew people who would be willing to commit such a murder.
Ramsey and Roberts each face a maximum sentence of 20 years in prison for conspiring to impede a federal investigation. Ramsey also faces a mandatory minimum sentence of five years and up to 20 years in prison for malicious destruction of property by fire. Roberts was arrested late yesterday and had an initial appearance this afternoon before U.S. Magistrate Judge Beth P. Gesner in U.S. District Court in Baltimore. She was detained pending a detention hearing scheduled for November 24, 2015. Ramsey was arrested and had his initial appearance on November 13, 2015. He was ordered to be detained pending trial.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Maryland State Fire Marshal’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the case.
El Salvadoran National Charged for False Claim to U.S. CitizenshipRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MIGUEL MENDEZ-GUSMAN, age 36, a citizen of El Salvador, was charged today in a one-count Indictment for false claim to United States citizenship.
According to the Indictment, MENDEZ-GUSMAN falsely and willfully represented himself to be a citizen of the United States on or about July 28, 2015.
If convicted, MENDEZ-GUSMAN faces a maximum term of imprisonment of two years, a fine of up to $250,000, one year supervised release after imprisonment, and a $100 special assessment.
U. S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt
U.S. Attorney Polite praised the work of the United States Department of Homeland Security Investigations in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
.
El Departamento de Justicia Resuleve una Queja de Discriminación Relacionada con la Inmigración Contra Mcdonald’sRead the Press Release
WASHINGTON – El Departamento de Justicia anunció hoy que había llegado a un acuerdo con McDonald’s USA LLC y sus filiales y subsidiarios (McDonald’s) que resuelve las acusaciones de que McDonald’s hubiese discriminado a inmigrantes que son empleados de restaurantes que son propiedad de McDonald’s.
La Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés) del Departamento de Justicia abrió su investigación con base en la información que recibió a través de su línea directa para trabajadores. La investigación encontró que McDonald’s tenía una práctica de mucho tiempo de obligar a los residentes permanentes legales a mostrar una nueva tarjeta de residencia permanente al vencerse el documento original, a pesar de que la Ley prohíba dicha práctica. Más aún, la investigación encontró que la compañía no pidió lo mismo de sus empleados que sí eran ciudadanos estadounidenses y que habían presentado documentos que luego vencieron y que a aquellos residentes permanentes legales a los que se les pidió que mostraran una nueva tarjeta y que no pudieron hacerlo no se les permitió trabajar; como resultado, algunos perdieron sus trabajos. Esta investigación y el acuerdo de hoy solamente abordan acciones tomadas por McDonald’s y no por ninguna de sus franquicias.
“Los empleadores no pueden establecer estándares más estrictos para residentes permanentes legales al imponerles mayores requisitos documentales durante el proceso de verificación de la elegibilidad de empleo,” declaró la Subprocuradora General Interina, Vanita Gupta, la Jefa de la División de Derechos Civiles. “Requerir documentos innecesarios de ciertos individuos por motivos de su estatus migratorio o de ciudadanía es un acto de discriminación, y el Departamento De Justicia no dudará en ejecutar la ley y proteger los derechos de inmigrantes con autorización para trabajar. Aplaudimos a McDonald’s por su cooperación a lo largo de esta investigación y por comprometerse a indemnizar a sus empleados actuales y previos que perdieron sueldos debido a estas prácticas.”
Los residentes permanentes legales están autorizados para vivir y trabajar en los Estados Unidos de forma permanente. Para probar este estatus, los residentes permanentes legales reciben una tarjeta de residencia permanente, a la que se suele llamar “Tarjeta Verde” o “Green Card,” pero los residentes permanentes legales son elegibles para varios documentos distintos que les sirven para demostrar su elegibilidad para trabajar.
Los residentes permanentes legales no tienen ninguna obligación de presentar sus tarjetas de residencia permanente al comenzar a trabajar. Mientras que la mayoría de las tarjetas de residencia permanente contienen una fecha de vencimiento, por lo general, los titularlos de tales cartas cuentan con autorización permanente para trabajar, por lo que el vencimiento de la tarjeta no implica la pérdida de su estatus o derecho a trabajar. Los residentes permanentes legales que deciden enseñar una tarjeta de residencia permanente vigente no tienen ninguna obligación de presentar documentos adicionales al vencerse su tarjeta, y los empleadores no pueden solicitarles documentos adicionales. Asimismo, la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) prohíbe que los empleadores soliciten documentos adicionales a sus empleados con autorización para trabajar durante el proceso de verificación de elegibilidad de empleo por motivo de su estatus migratorio o de ciudadanía.
Conforme al acuerdo, McDonald’s pagará 355.000 $ en sanciones civiles a los Estados Unidos, se someterá a 20 meses de supervisión y capacitará a sus empleados en cuanto a la disposición antidiscriminatoria de la INA.
El acuerdo también requiere que McDonald’s indemnice a aquellos residentes permanentes legales que son empleados de restaurantes que son propiedad de McDonald’s y que perdieron horas laborales o sus trabajos debido a estas prácticas documentales. Es posible que los residentes permanentes legales que trabajaron para un local de McDonald’s que es propiedad de la empresa (es decir, no es franquicia) entre el 23 de septiembre del 2012 y el 1 de marzo del 2015 sean elegibles para recibir dicha indemnización si fueron despedidos o se vieron obligados a faltar en el trabajo porque no pudieron mostrar una nueva tarjeta cuando su tarjeta de residencia permanente original venció. Para más información sobre el proceso de obtener pagos retroactivos, véase el procedimiento para reclamaciones del acuerdo http://www.justice.gov/crt/united-states-department-justice-settlement-mcdonald-s-usa-llc.
Los empleados actuales y previos de McDonald’s que tengan preguntas en cuanto a este asunto deberán llamar al 1-844-401-3737 o bien mandar un correo electrónico a [email protected].
La OSC 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; la discriminación en el proceso de verificación de la elegibilidad de empleo; las represalias o la intimidación. Las Abogadas Litigantes Jennifer Deines y Silvia Dominguez-Reese y la Especialista en la Igualdad de Oportunidades Joann Sazama de la División de Derechos Civiles trabajaron en este caso.
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.
Easton Man Charged with Defrauding Distressed HomeownersRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, Christina Scaringi, Special Agent in Charge of the Northeast Region of HUD’s Office of Inspector General, William P. Offord, Special Agent in Charge of IRS Criminal Investigation in New England, and James V. Buthorn, Acting Inspector in Charge for the Boston Division of the U.S. Postal Inspection Service, announced that TIMOTHY W. BURKE, also known as “Tim Burke,” “William Burke,” “Bill Burke,” “Jeff Burke,” “Kerry Saunders,” “Pat Riley,” “Jim Caldwell,” “Jim Saunders,” “Tom Morrisey,” “Jimmy,” “Phil Burke,” “Phil,” and “Burt,” 64, of Easton, was arrested today on a federal criminal complaint charging him with operating a long-running fraud scheme that targeted distressed homeowners.
BURKE appeared this afternoon before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and is detained. A detention hearing is scheduled for Monday, November 23, at 11:15 a.m.
As alleged in the criminal complaint, since at least May 2008 and continuing to at least September 2015, BURKE engaged in a scheme to defraud individuals, mortgage lenders and the U.S. Department of Housing and Urban Development (HUD) by falsely representing to homeowners who were in, or facing, foreclosure on their homes that he would purchase their homes and pay off their mortgages. The distressed homeowners agreed to sign various documents, including quitclaim deeds, indemnification agreements, management agreements and third party authorization letters, which BURKE presented to them on the understanding that, by signing the documents, they would be able to walk away from their homes without the burdens of their mortgage or other costs associated with home ownership. BURKE also told homeowners that the process of negotiating with the lenders can take time and that, in the meantime, to ignore any notices regarding foreclosure. After he gained control of these houses, BURKE rented out the properties to tenants by advertising the properties on craigslist.com and other means and falsely representing to tenants that BURKE owned the property.
The complaint further alleges that BURKE or one of his agents then collected rent from tenants, in person, and BURKE used the funds for his own benefit. BURKE failed to negotiate with the homeowners’ mortgage lender or pay expenses associated with the home, including the homeowner’s mortgages, taxes, insurance, association dues, or other expenses, and he failed to pay any rental income he was collecting to the homeowners. The investigation revealed that homeowners often discovered on their own, and to their surprise, that BURKE had rented out their houses. Many of the properties BURKE purportedly purchased were ultimately foreclosed upon by the mortgage lender.
The complaint alleges that BURKE’s fraud scheme has involved dozens of residential properties throughout Connecticut, and that BURKE has made hundreds of thousands of dollars to which he was not entitled. As part of the scheme, BURKE undertook extensive efforts to disguise his true identity from his victims through the use of multiple aliases and business entities, and to conceal the sources of and expenditures from his criminal proceeds. The investigation has revealed that BURKE is associated with multiple entities, including Quality Asset Management Services, LLC; Birmingham Investments, LLC; the Birmingham Group of Companies; Saunders Associates; New Haven Investments; Realty Partners Group; Preston Associates II; Landlord Maintenance Services, LLC; Turnkey Construction Services LLC; and The Complete Handyman, LLC.
The complaint further alleges that in approximately 2002, BURKE was indicted by a federal grand jury in New Jersey on charges of conspiracy, mail fraud, and equity skimming. BURKE subsequently pleaded guilty to conspiracy to commit both equity skimming and mail fraud, and he was sentenced to five years imprisonment and three years of supervised release. BURKE was released from federal custody in approximately August 2007 and began his federal supervised release at that time. One of the special conditions of BURKE’s supervised release was that he refrain from employment in the real estate business or mortgage industry.
The criminal complaint charges BURKE with mail fraud, an offense that carries a maximum term of imprisonment of 20 years.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Individuals who believe they have been victimized by this alleged scheme and citizens with information that will be helpful to this ongoing investigation are encouraged to call 860-240-9735.
This investigation is being conducted by the U.S. Department of Housing and Urban Development – Office of Inspector General, Internal Revenue Service – Criminal Investigation Division and U.S. Postal Inspection Service, with the critical assistance of the Middletown, Plainville, Easton and Coventry Police Departments, and the Connecticut State Police. This case is being prosecuted by Senior Litigation Counsel Richard J. Schechter and Assistant U.S. Attorney David T. Huang.
Eagle Butte Man Sentenced for Second Degree BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on November 16, 2015, by U.S. District Judge Roberto A. Lange.
Jeryn Big Eagle, Sr., age 40, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Big Eagle was indicted for Assault with a Dangerous Weapon and Domestic Assault by a Habitual Offender by a federal grand jury on May 12, 2015. He pled guilty to Assault with a Dangerous Weapon on August 24, 2015.
The conviction arose from a February 14, 2015, incident at the Veterans Center in Eagle Butte, when Big Eagle made accusations against the victim and then physically struck the victim about the face, head, and body multiple times with a closed fist. He then grabbed a red Razor scooter and struck the victim in the forehead.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Big Eagle was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Sentenced for Assault with a Dangerous Weapon and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on November 3, 2015, by U.S. District Judge Roberto A. Lange.
Dezmond Two Hearts, age 19, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Two Hearts was indicted for Assault with a Dangerous Weapon and Aiding and Abetting by a federal grand jury on April 14, 2015. He pled guilty on August 11, 2015.
The conviction arose from a March 6, 2015, incident when the victim told Two Hearts and his co-defendant that he did not have any money to lend them. Two Hearts then punched the victim in the face with his fist, and kicked and stomped him in the face and head area with shod feet. Two Hearts and his co-defendant took turns assaulting the victim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Jay Miller prosecuted the case.
Two Hearts was immediately turned over to the custody of the U.S. Marshals Service.
District Man Pleads Guilty to Assault with Intent to Kill for Stabbing His Ex-GirlfriendRead the Press Release
WASHINGTON – Donta Winslow, 32, of Washington, D.C., pled guilty today to one count of assault with intent to kill while armed for stabbing his ex-girlfriend while they were in her car in Northeast Washington, U.S. Attorney Channing D. Phillips announced.
Winslow pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a prison sentence to be set within the range of 13 to 16 years. The Honorable Michael Ryan scheduled sentencing for Feb. 26, 2016.
According to the government’s evidence, Winslow was previously in a romantic relationship with the victim. She had ended the romantic relationship, however. In the late morning of Aug. 14, 2015, Winslow approached and then got into the victim’s car. At one point, near the intersection of 46th and Meade Streets NE, Winslow forced the victim to pull the car onto a curb. The victim was in the driver’s seat, and Winslow was in the passenger seat.
Winslow took out a knife and stabbed the victim multiple times in the body, including in the back of her neck, back, and chest. The victim was curled down, facing forward in the seat, when Winslow stabbed her. A witness approached the car and confronted Winslow, causing him to get out of the car and run away.
When officers with the Metropolitan Police Department (MPD) responded to the scene, they found the victim motionless on her side. She was transported to the hospital via ambulance. She had approximately 11 stab wounds to her body, and two collapsed lungs. She was admitted to the hospital for almost two months. She has severe spinal cord damage from the stabbing that initially left her paralyzed. Through extensive physical therapy, she has regained some of her motor skills, but remains significantly impaired and unable to walk on her own.
Winslow fled the scene and was apprehended in Washington, D.C., shortly after the incident. He has been in custody ever since.
In announcing the plea, U.S. Attorney Phillips commended the work of the officers and detectives who investigated the case for the Metropolitan Police Department and the U.S. Marshals Service. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Erica Vample and Joyce Arthur, and Victim/Witness Advocate Meshall Thomas. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Elana Suttenberg, who investigated and prosecuted the case.
Delaware County Businessman Sentenced for Selling Counterfeit GoodsRead the Press Release
Stephen Voudouris, Sr., 60, of Newtown Square, PA was sentenced today to a year and a day in prison and six months home detention pursuant to his prior guilty plea to conspiracy, trafficking in counterfeit goods, smuggling counterfeit goods into the United States and wire fraud, announced United States Attorney Zane David Memeger.
The defendant owned and operated Misikko.com, headquartered in Newtown Square, Pennsylvania, an online retailer of luxury hair care appliances, including flat irons and blow dryers. Misikko.com was not an authorized dealer of brands such as CHI, T3 and Babyliss. As he admitted at his guilty plea, Voudouris, Sr. sought out Chinese manufacturing companies from which he and his employees could purchase cheap goods bearing counterfeit trademarks of CHI, T3 and Babyliss. Through Misikko.com, the defendant then resold the counterfeit goods as authentic, for top dollar, to the American public.
In addition, at the direction of Voudouris, Sr., in a scheme to drive consumers to their website and maximize profits, Misikko.com also purported to sell "Breast Cancer Awareness" products. The Misikko.com website was designed to make consumers believe that breast cancer charities would benefit from the purchase of certain pink products. For some products, Misikko.com represented that $25 from every purchase would benefit a prominent breast cancer foundation, but no donations were ever made to a breast cancer charity.
In addition to the prison sentence, the Honorable John R. Padova ordered the defendant to pay $150,346 in restitution to the victim companies and individuals, as well as a fine of $10,000.
The case was investigated by Homeland Security Investigations and was prosecuted by Assistant United States Attorneys Alicia M. Freind and Mary E. Crawley.
Defendant Sentenced to 166 Months for Armed RobberyRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Montez Lesha Bishop, 39, of Bay Minette, Alabama was sentenced today by Chief U.S. District Judge William H. Steele to 166 months imprisonment for Hobbs Act robbery and discharging a gun during the robbery. The judge ordered that Bishop undergo 5 years of supervised release upon completing his term of imprisonment, that he receive drug and mental health treatment while incarcerated, and that he pay a $200 mandatory special assessment.
In a 6-day span in December 2014, Bishop committed 5 armed robberies in Bay Minette at 5 different locations: a home, a Yogi Raceway Convenience Store, a Kangaroo Express Convenience Store, a Summit Convenience Store, and a New Horizons Credit Union branch. On December 12, 2014, the Bay Minette Police Department arrested Bishop soon after he robbed the New Horizons Credit Union. In January 2015, Bishop was indicted by a federal grand jury for robbing the 4 businesses. On April 18, 2015, Bishop pled guilty to robbing the Summit Convenience Store and shooting a handgun at a store employee during the robbery. In a plea agreement detailing the offense conduct, Bishop admitted to committing all 5 armed robberies.
The case was investigated by the Federal Bureau of Investigation and the Bay Minette Police Department. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Defendant Pleads Guilty in Federal Court to Possessing Medication Stolen from a CVS Pharmacy During the Baltimore RiotsRead the Press Release
Baltimore, Maryland – Rashad Robertson, age 25, of Baltimore, pleaded guilty today to unlawful possession of Alprazolam, a prescription drug stolen during the looting on April 27, 2015 from the CVS Pharmacy located at 2509 Pennsylvania Avenue in Baltimore (CVS Pharmacy).
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Commissioner Kevin Davis of the Baltimore Police Department; and Special Agent in Charge William P. McMullan of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division.
“Federal law enforcement agencies continue to work closely with local police and prosecutors to investigate crimes committed during the Baltimore riots,” said U.S. Attorney Rod Rosenstein.
On April 27, 2015, the CVS Pharmacy was looted and burned. According to his plea agreement, on June 17, 2015, Robertson unlawfully possessed a bottle of Aprazolam that he knew was stolen from the CVS Pharmacy during the April 27 riots. The bottle contained 60 pills of Alprazolam and was found in Robertson’s bedroom. Robertson did not have a prescription for the pills.
Robertson faces a maximum sentence of one year and a $1,000 fine. U.S. District Judge Ellen L. Hollander scheduled sentencing for January 22, 2016, at 10:00 a.m.
On November 17, 2015, Raymon Carter, age 24, of Baltimore, was sentenced to four years in prison for the federal crime of rioting on April 27, 2015, including the arson of the same CVS. Judge Hollander also entered an order requiring Carter to pay restitution of $500,000.
On September 23, 2015, Robert “Meech” Tucker, age 23, of Baltimore, pleaded guilty in federal court to being a felon who possessed a gun on May 4 near the CVS Pharmacy that was burned during street riots the previous week. A citizen notified police officers that a man was armed with a handgun in the Penn-North section of Baltimore. When approached by police officers, Tucker threw a loaded gun on the ground and it fired. He then pretended to be injured. His actions incited misguided bystanders who attacked innocent police officers.
A federal grand jury has indicted Darius Raymond Stewart, age 21, of Baltimore, for malicious destruction of real property by fire, arising from the arson of a liquor store on West North Avenue during the April 27 riots. A federal grand jury has also indicted Donta Betts, age 19, of Baltimore, for attempted arson of a police cruiser, obstructing law enforcement officers during a civil disorder and making a destructive device during the April 27 riots near the CVS Pharmacy. Stewart and Betts have pleaded not guilty, and both remain detained. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The federal crime of rioting, governed by Section 2101 and 2102 of Title 18 of the United States Code, applies when a defendant travels across a state line or uses a facility of interstate commerce, including a telephone, to participate in a civil disturbance involving acts of violence.
United States Attorney Rod J. Rosenstein praised the DEA, Baltimore Police Department and ATF for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Seema Mittal, who is prosecuting the case.
Cruz Sentenced to 198 Months in Federal Prison After Pleading Guilty to Possession of MethamphetamineRead the Press Release
SALT LAKE CITY – Travis Javier Cruz, age 38, of the Salt Lake City area, who traveled to California in October 2014 to pick up 73.8 pounds of methamphetamine from a supplier destined for distribution in Salt Lake City, will serve 198 months in federal prison. Cruz pleaded guilty to possession of methamphetamine with intent to distribute in May.
U.S. District Court Judge Robert J. Shelby imposed the sentence last week in federal court. He also ordered Cruz to be on supervised release for 60 months after he finishes his prison sentence. Cruz also will forfeit three vehicles and $3,698 in U.S. currency.
As a part of the plea agreement reached with federal prosecutors, Cruz admitted that he traveled to the Orange County area of California on Oct. 28, 2014, to pick up a large quantity of methamphetamine for distribution in the Salt Lake City area. According to a complaint filed in the case, Cruz was already under surveillance by the FBI’s Safe Streets Task Force, in conjunction with the Salt Lake Unified Police Department, the Davis County Sheriff’s Office, and other law enforcement agencies prior to making the trip to California. Law enforcement agents believed that Cruz was running a major methamphetamine distribution ring in the Salt Lake Valley.
Cruz arrived at a hotel in Huntington Beach, where the narcotics transaction would take place, with approximately $300,000 in cash to pay for 70 pounds of narcotics. Cruz admitted meeting with a courier for the methamphetamine source of supply at the hotel on Oct. 28, 2014, and giving him $300,000.
The next day, according to the plea agreement, the courier returned to the hotel with five or six five-gallon buckets. He took the buckets into Cruz’s room. The buckets contained the methamphetamine Cruz planned to distribute in the Salt Lake City area. Cruz admitted that he and others packaged the methamphetamine into plastic wrap and mustard to transport it back to Salt Lake City. The narcotics were placed in a roller bag and two backpacks and loaded into the trunk of the Cruz’s car for transportation back to Salt Lake City.
Agents and officers, who had been conducting surveillance at the hotel, conducted a vehicle stop after the narcotics were loaded in the car. A dog alerted to the presence of narcotics in the trunk of the vehicle. Cruz admitted as a part of the plea agreement that the amount of narcotics recovered was approximately 73.8 pounds. On the same day, officers executed a federal search warrant at a storage unit in Utah and recovered approximately 1.5 pounds of methamphetamine. Cruz admitted it was his intent to distribute the methamphetamine in the Salt Lake City area.
Federal prosecutors argued for a sentence of 252 months in the case, pointing out that Cruz admitted he had made the trip to California for drugs on at least one other occasion and that evidence suggests he has done it on a number of occasions. “Indeed, one could extrapolate, based on the evidence, that Mr. Cruz is responsible for hundreds of pounds of methamphetamine distributed in the Salt Lake Valley. His actions have been seriously destructive to the community, and his sentence should reflect that seriousness,” they wrote in a sentencing memorandum filed in the case. Cruz also has previous criminal history including three convictions related to the operation of a clandestine lab.
“Mr. Cruz pleaded guilty to what appears to be his fourth narcotics trafficking offense. A substantial sentence is clearly warranted given his extensive criminal history as well as the large amount of methamphetamine trafficked in this case” prosecutors told the court.
Cruz was charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute in an indictment returned by a federal grand jury in November 2014.
Convicted Sex Offender Sentenced for Failure to RegisterRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Pedro Ramirez (40, Tampa) to 3 years and 10 months in federal prison for failing to register as a sex offender. He pleaded guilty on July 23, 2015.
According to court documents, in 2002, Ramirez was convicted of sexual battery in Hillsborough County and, as a result, is required to register under the Sex Offender Registration and Notification Act (SORNA). Following his conviction, Ramirez moved to Connecticut. In June 2013, he moved back to Hillsborough County and failed to register in Florida as a sex offender. While in Florida, he committed another sex offense against a minor.
SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist states in locating and apprehending non-compliant sex offenders.
This case was investigated by the United States Marshals Service and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case 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, 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.
Convicted Felon with Handgun Sentenced to More Than 17 Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge Wm. Terrell Hodges has sentenced Reginald Wardell Howard, Jr. (37, Ocala) to 17 years and 6 months in federal prison for possessing a firearm as a convicted felon. A federal jury found him guilty of the offense on June 17, 2015.
According to evidence presented at trial, officers from the Ocala Police Department were called to a disturbance at a store on November 28, 2014. Officers were told that a man later identified as Howard was in the bathroom with a gun. Officers confronted Howard and a subsequent search revealed a loaded, 9mm handgun inside his left rear pocket. Howard stated that he had the firearm for protection. Witnesses reported that Howard had threatened them while displaying the pistol.
Prior to this incident, Howard had been convicted of numerous felony drug violations. As such, he qualified for an enhanced sentence as an Armed Career Criminal under federal law. At the time of this offense, Howard was under federal supervision and prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Construction Company Owner Charged with Illegally Obtaining Contracts by Using Minority Business’ Name and RegistrationRead the Press Release
PITTSBURGH - A Washington County resident has been indicted by federal grand jury in Pittsburgh on charges of conspiracy to defraud the United States, wire fraud, mail fraud and money laundering, United States Attorney David J. Hickton announced today.
The 14–count indictment, returned on Nov. 17, named Donald R. Taylor, 76, of Eighty Four, Pa., as the sole defendant.
The indictment charges that from in and around January 2012 and continuing thereafter to in and around February 2014, Taylor and persons and entities known and unknown to the United States Attorney, conspired to defraud the United States, engaged in wire and mail fraud, and engaged in money laundering. The indictment alleges that Taylor was the owner and operator of Century Steel Erectors (CSE) a construction company based in the Western District of Pennsylvania. According to the indictment, CSE used the name and registering information of another company, West Mifflin Construction Company (WMCC), to obtain contracts for services. WMCC is a certified Disadvantaged Business Enterprise (DBE) and as such CSE (a non-DBE) was not permitted to use WMCC's DBE status in order to obtain contracts for work.
The law provides for a total sentence of not more than 215 years in prison, a fine of $300,000, 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 Attorneys Robert S. Cessar and Jonathan B. Ortiz are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the United States Department of Transportation, Office of Inspector General and the Pennsylvania Turnpike Commission conducted the investigation that led to the prosecution of Donald R. Taylor.
Charlotte Man Arrested on Wire Fraud Conspiracy Charges for Attempting to Steal More Than $1 Million Through Unauthorized Wire TransfersRead the Press Release
CHARLOTTE, N.C. – Jamel Ski Yates, a/k/a “Goo,” 42, of Charlotte, was arrested today on federal wire fraud conspiracy and wire fraud charges, for attempting to steal more than $1 million through unauthorized wire transfers, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. A federal grand jury returned the superseding criminal indictment against Yates on Wednesday, November 18, 2015, and it was unsealed today, following Yates’ court appearance before U.S. Magistrate Judge David C. Keesler.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division joins U.S. Attorney Rose in making todays’ announcement.
In addition to Yates, six others have already been charged or sentenced for their involvement in the conspiracy:
-
Shaka Stayman, 34, of Atlanta, was sentenced to 84 months in prison, after pleading guilty to wire fraud conspiracy and wire fraud charges.
-
Barry Shade, 38, of Tamarac, Florida, was sentenced to 24 months and was ordered to pay restitution of $251,147 after pleading guilty to wire fraud conspiracy charges.
-
Dural Samuels, 43, of Charlotte, pleaded guilty in September 2015 to wire fraud conspiracy and wire fraud and is currently awaiting sentencing.
-
Abiola O. Oginni, 34, of McDonough, Georgia, and Dwayne A. Reynolds, 30, of Snellville, Georgia, have each pleaded guilty to wire fraud conspiracy and are currently awaiting sentencing.
-
Anthony Shawn Wilkerson, 45, of Riverdale, Georgia, is currently facing wire fraud conspiracy and wire fraud charges.
According to allegations contained in Yates’ indictment, other filed court documents in this and related cases, and statements made in court:
From at least in or about January 2010 through in or about January 2011, Yates and his conspirators engaged in a financial fraud scheme by which they unlawfully accessed multiple customer accounts maintained by a financial services company located in Charlotte. Yates was the insider who allegedly stole the account holders’ information and gave it to Samuels. Samuels then used a network of conspirators, including Stayman, Shade, Oginni, Wilkerson and Reynolds, who either used their own bank accounts or the bank accounts of other individuals also known as “money mule accounts,” into which the stolen funds were deposited. The conspirators executed numerous fraudulent wire transfers, taking money out of the compromised customer accounts and depositing it into the money mule accounts. The stolen money was then retrieved from the mule accounts through multiple cash withdrawals.
Yates had initial appearance today in federal court and was released on bond. The wire fraud conspiracy offense and the wire offense each carry a maximum prison term of 20 years and a $250,000 fine.
The charges contained in the indictment against Yates are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The investigation is being handled by the FBI.Assistant U.S. Attorney Thomas O’Malley, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
-
Carbon County Man Charged with Producing, Distributing and Receiving, Child PornographyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lake Harmony man was indicted on November 10, 2015 by a federal grand jury in Scranton on charges of producing, receiving and distributing child pornography.
According to United States Attorney Peter Smith, the grand jury alleges that Grant Harris, age 36, committed the offenses between 2008 and 2014. The Indictment was made public after Harris was taken into custody November 18, 2015.
The charges stem from an investigation by agents of Homeland Security Investigations, the Pennsylvania State Police, and the Pennsylvania Attorney General’s Office.
If convicted of the production charge, Harris faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison. The receipt and distribution charges each carry a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison.
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."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The total maximum penalty under federal law is 70 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Burlington Man Pleads Guilty to Pharmacy Robbery; Admits Two Other RobberiesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Bryan McMahon, 30, of Burlington, pleaded guilty today in United States District Court in Burlington to a charge of Interference with Commerce by Robbery. Chief District Judge Christina Reiss ordered McMahon detained pending his sentencing, which is set for March 14, 2016.
On June 5, 2015, a federal grand jury charged McMahon with robbing the Rite Aid Pharmacy on North Avenue in Burlington, Vermont on April 27, 2015. Pursuant to a written plea agreement, McMahon pleaded guilty to that charge today. According to the plea agreement, McMahon entered the Rite Aid Pharmacy while wearing an orange vest, surgical mask, and rubber gloves. McMahon approached the pharmacy counter, and obtained bottles of Methadone by making threats of force. A short time after he exited the pharmacy, McMahon was apprehended in Ethan Allen Park.
As part of the plea agreement, McMahon admitted to robbing the Lakeside Pharmacy on Pearl Street in Burlington, Vermont on December 18, 2014. For this robbery, McMahon was dressed in ski goggles, a surgical mask, gloves, and a Santa Claus hat when he obtained Oxycontin and Methadone by making threats of force. Also as part of his plea agreement, McMahon admitted to again robbing the Lakeside Pharmacy on Pearl Street on April 3, 2015. For this robbery, McMahon was dressed in aviator-style sunglasses, a surgical mask, and rubber gloves when he obtained Methadone by making threats of force.
McMahon faces up to 20 years of imprisonment and a fine of up to $250,000. His actual sentence will be determined with reference to federal sentencing guidelines.
United States Attorney Eric S. Miller commended the investigative efforts of the Burlington Police Department and the Drug Enforcement Administration.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt. McMahon is represented by Assistant Federal Defender Steven L. Barth, Esq
Bucks County Man Charged in Bank RobberyRead the Press Release
PHILADELPHIA - Jeffrey Chernoff, 35, of Richboro, PA was charged today by Indictment with bank robbery and attempted bank robbery, announced United States Attorney Zane David Memeger.
According to the indictment, on October 26, 2015, Chernoff robbed the Bank of America branch at 1801 E. Allegheny Avenue in Philadelphia, and the PNC Bank branch at 1001 E. Erie Avenue. If convicted the defendant faces a maximum possible sentence of 40 years in prison, up to three years of supervised release, a possible fine, and a $200 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney Arlene Fisk.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Brian Kandefer Sentenced to 121 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Brian M. Kandefer, age 37, of San Diego, California, was sentenced Wednesday, November 18, 2015, in federal court by Judge Robert L. Miller, Jr. after his guilty plea of wire fraud and money laundering.
Brian Kandefer was sentenced to 121 months imprisonment and ordered to pay $1.4 million dollars in restitution.
According to documents in the case, K2 Capital Management Inc. did business as US Mortgage Bailout and USMortgageBailout.com with physical offices located in La Jolla, California. Brian Kandefer was a 50% owner of K2 Capital Management Inc. dba US Mortgage Bailout and dba USMortgageBailout.com (hereafter "US Mortgage Bailout"). US Mortgage Bailout purported to be and advertised as mortgage "loan experts" which had "helped thousands of homeowners avoid foreclosure." US Mortgage Bailout sold mortgage loan modification products and services to persons, located all over the United States, including the Northern District of Indiana, who were in trouble with their home mortgage loans. As part of the fraud scheme that lasted from 2009 through 2010, US Mortgage Bailout which included Kandefer, used false advertising to defraud clients (victims) out of monies for loan modifications. They also did not properly communicate or represent client interests in the scheme. If they did represent clients for loan modifications, documentation was falsified regarding income and other financials. US Mortgage Bailout had a 100% refund policy for clients who did not receive favorable outcomes, yet clients did not receive any refunds despite requests.
This case was the result of an investigation by the United States Department of Housing and Urban Development, Office of Inspector General and the Internal Revenue Service, Criminal Investigation Division. The case was handled by the Assistant United States Attorney Donald J. Schmid.
# # #
Bradford County Man Charged with Distribution of Bath SaltsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a grand jury in Scranton indicted Corey Strope, age 37, of Sayre, Pennsylvania yesterday with conspiracy to distribute and possession with intent to distribute bath salts.
According to United States Attorney Peter Smith, Strope distributed bath salts between January and July 2015, in and around Bradford County. Bath salts consist of a chemical similar to hallucinogenic drugs. The drugs in this case were allegedly shipped from China.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, and the Sayre Borough Police Department and is assigned to Assistant United States Attorney Todd K. Hinkley for prosecution.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Baltimore Man Who Robbed Six Businesses in Two Days Sentenced to 11 Years in PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Nick Hornberger, age 47, of Baltimore, today to 11 years in prison followed by three years of supervised release for three counts of robbery. Judge Bennett also entered an order requiring Hornberger to pay restitution of $612.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Baltimore County State’s Attorney Scott Shellenberger; Baltimore City State’s Attorney Marilyn Mosby; and Baltimore Police Commissioner Kevin Davis.
According to his plea agreement, on March 5, 2014, from 12:40 a.m. to 2:35 p.m. Hornberger robbed the following five stores, stealing a total of $162 from four of these stores:
Royal Farms, Dundalk Avenue, Baltimore County;
Royal Farms, O’Donnell Street, Baltimore City;
7-11, Eastern Boulevard, Baltimore County;
7-11, Wise Avenue, Baltimore County; and
Dunkin Donuts, Kenwood Avenue, Baltimore County.The following day, Hornberger robbed a pizza restaurant on Holabird Avenue in Baltimore County of $450.
In each robbery, the cashier or employee from whom Hornberger demanded money believed that Hornberger had a weapon, or was pointing a gun or assault rifle from inside of a white plastic bag. Following his arrest, Hornberger identified himself in photos taken from video surveillance at each robbery. A search warrant was executed at Hornberger’s motel room and a car used in the robberies. Law enforcement seized a toy black assault style rifle stuffed inside a white plastic bag.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore City and County Police Departments and Baltimore City and County State’s Attorney’s Offices for their work in the investigation. Mr. Rosenstein thanked Special Assistant United States Attorney Piper F. McKeithen, a cross-designated Baltimore Assistant State’s Attorney assigned to Exile cases, and Assistant United States Attorney Bonnie S. Greenberg, who prosecuted the case.
Baldwin County Man Sentenced to 68 Months for Possession with Intent to Distribute Methamphetamine Ice and Possession of Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
The United States Attorney Kenyen Brown announces that Demond R. Banks, a 41 year old, resident of Daphne, Alabama was sentenced today to 68 months incarceration followed by five years of supervised release for possession with intent to distribute methamphetamine ICE and the use of a firearm in furtherance of his drug trafficking crime.
On June 15, 2015, Mr. Banks pled guilty after being caught with the ICE and firearms in his residence while waiting to receive and distribute additional quantities of ICE to and from another drug dealer.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Augusta Woman Sentenced to More Than Five Years for Making False Tax Claims and Identity TheftRead the Press Release
Contact: F. Todd Lowell
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Joann C. Rittall, 45, of Augusta, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 63 months in prison and three years of supervised release for making false claims against the United States and identity theft. She was also ordered to pay restitution of $219,065 to the U.S. Treasury and $19,896 to the State of Maine. The defendant pleaded guilty to the charges on August 15, 2013.
According to court documents, the defendant offered to assist individuals in filing tax returns and claims under Maine’s Residents Property Tax and Rent Refund "Circuit Breaker" Program. Partly as a result of these efforts, the defendant acquired the names, dates of birth and social security numbers of those individuals. Between 2007 and 2012, she used that personal information to prepare and file electronically from Maine dozens of false income tax returns
seeking $435,298 in federal and state tax refunds without the authority or knowledge of the individuals whose identities she had stolen.The case was investigated by the Internal Revenue Service, Criminal Investigation and Maine Revenue Services.
Armed Robbers Face Life in Federal Prison After Federal Jury Convicts Them on Hobbs Act and Firearms OffensesRead the Press Release
DALLAS — Two north Texas men were convicted late this morning by a federal jury on an array of federal charges stemming from their armed robberies of several Murphy Oil gas/convenience stores in the Dallas-Fort Worth metroplex in June 2014, announced U.S. Attorney John Parker of the Northern District of Texas.
Andre Levon Glover, 21, and Maurice Lamont Davis, 28, both of Fort Worth, Texas, were each convicted on one count of conspiracy to interfere with commerce by robbery and two counts of using, carrying, and brandishing a firearm during and in relation to, and possessing and brandishing a firearm in furtherance of, a crime of violence. In addition, Glover was convicted on four counts, and Davis on two counts, of interference with commerce by robbery. Davis was also convicted on one count of being a felon in possession of a firearm.
The government presented evidence at trial that the defendants committed armed robberies of Murphy Oil USA stores located at: 170 N. Interstate 35E in Lancaster, Texas, on June 16, 2014; 3102 W. Wheatland Road in Dallas on June 21, 2014; 950 N. Walnut Creek Drive in Mansfield, Texas, on June 22, 2014; and 100 Walton Way in Midlothian, Texas, also on June 22, 2014. They used a sawed-off shotgun to rob these stores at gunpoint and steal thousands of dollars of cigarettes from each of the locations and nearly $10,000 in cash from one of the locations. After the last robbery, they led police on a high-speed chase before being arrested.
Each defendant faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine for the conspiracy conviction and each robbery conviction. Each of the firearm offenses carries a maximum statutory penalty of life in federal prison and a $250,000 fine. The felon in possession count carries a statutory maximum sentence of 10 years in federal prison and a $250,000 fine.
Sentencing is set for March 17, 2016, before U.S. District Judge Reed C. O’Connor.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Alvarado, Dallas, Lancaster, Mansfield, and Midlothian Police Departments investigated the case.
Assistant U.S. Attorneys John Kull and Brian McKay are in charge of the prosecution.
# # #
Armed Crack Dealer Sentenced to 30 Years in PrisonRead the Press Release
ALEXANDRIA, Va. – Tyrone Anthony Jones, 32, of Washington, D.C., was sentenced today to 360 months in prison for possession of a firearm in furtherance of drug trafficking, and conspiracy to distribute 28 grams or more of crack cocaine.
Jones pleaded guilty on Sept. 4, 2015. According to court documents, between December 2014 and July 2015, Jones distributed crack cocaine on at least 13 occasions, accounting for a total of approximately 26 grams of crack. Jones also engaged in an illegal sale of a firearm and ammunition. At the time of Jones’s arrest, law enforcement agents recovered a .45 caliber handgun, ammunition, approximately 8.5 additional grams of crack, and $13,910 from Jones’s apartment. Jones was previously convicted in 2006 of conspiracy to distribute 50 grams or more of crack cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; Charles E. Smith, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; and M. Jay Farr, Chief of Arlington County Police Department, made the announcement after sentencing by U.S. District Judge C. Cacheris. Assistant U.S. Attorney Tobias D. Tobler and Special Assistant U.S. Attorney Marc J. Birnbaum prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-254.
###
Arizona Man Sentenced to Federal Prison for Methamphetamine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE -- Carlos Pua Caudillo, 35, of Phoenix, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Caudillo was arrested in Aug. 2014, on a criminal complaint charging him with possession of methamphetamine with intent to distribute after DEA agents allegedly found approximately 900 grams of methamphetamine concealed in his baggage during an interdiction investigation at the Greyhound Bus Station in Albuquerque, on Aug. 15, 2014. Caudillo was indicted on the same charge on Sept. 9, 2014.
On May 20, 2015, Caudillo pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Caudillo admitted that on Aug. 15, 2014, he transported 900 grams of methamphetamine while traveling through Albuquerque on the Greyhound Bus.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Presiliano Torrez prosecuted the case.
Anchorage Couple Sentenced for Drug Distribution/Money LaunderingRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that an Anchorage couple was sentenced for drug distribution and money laundering by the United States District Court Judge Sharon L. Gleason. The couple was indicted by the federal grand jury in Anchorage for drug distribution and money laundering of drug proceeds over a several year period. A third defendant has recently been arrested in Oregon and remains in custody there.
The Anchorage couple, Billy Ray Lang, Sr., 62, and Tynisha Jean Merriouns, 34, were arrested in January last year after the federal grand jury returned a four count indictment charging them with conspiracy to distribute controlled substances, money laundering conspiracy, possession with intent to distribute and criminal forfeiture of $40,000 in cash seized by investigators during a search of their home.
Billy Ray Lang, Sr. was sentenced to seven years in prison and to forfeit $40,000 in cash. Tynisha Merriouns was sentenced to four years in prison and was required to forfeit $40,000 in cash and Postal Money orders. Both Lang, Sr., and Merriouns pled guilty to conspiring to distribute heroin and methamphetamine, and conspiracy to launder drug proceeds from that conspiracy from December 2013 through October 2014. A third co-conspirator, Billy Ray Lang, Jr., has been arrested in connection with the indictment in the Lower 48 and is awaiting transport to Alaska to face the charges.
Ms. Loeffler commends the Anchorage Police Department and the IRS for the investigation of this case.
Air Force Sergeant Indicted for Attempted Enticement of A Child for SexRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Thomas Allen Vaughn (33, Patrick Air Force Base, Florida) with attempted enticement of a child for sexual activity. If convicted on all counts, he faces a maximum penalty of life in federal prison. The indictment also notifies Vaughn that the United States intends to forfeit any property that he used during the commission of the offense.
According to the indictment, between October 23, 2015, and October 28, 2015, Vaughn used a cellphone and computer to attempt to entice a minor to engage in sex.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the U.S. Air Force Office of Special Investigations. It will be prosecuted by Assistant United States Attorney Amanda C. Kaiser.
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.
61 Defendants Charged in Fraud Schemes Involving Tens of Thousands of Stolen Personal IdentitiesRead the Press Release
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Miami Field Office, Timothy Camus, Deputy Inspector General for Investigations, Treasury Inspector General for Tax Administration (TIGTA), Margaret Moore-Jackson, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG), Robert C. Hutchinson, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcements Homeland Security Investigations (ICE-HSI), Miami Field Office, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, J.D. Patterson, Director, Miami Dade Police Department (MDPD), Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, Ronald J. Verrochio, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, 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), Carlos Canino, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Amos Rojas, Jr., United States Marshal, U.S. Marshals Service (USMS), Jesse Panuccio, Executive Director, Florida Department of Economic Opportunity (DEO), Steve Steinberg, Chief, Aventura Police Department, J. Scott Dennis, Chief, North Miami Beach Police Department (NMBPD), Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), Tony Pustizzi, Chief, Coral Springs Police Department (CSPD), Edward J. Hudak, Jr., Chief, Coral Gables Police Department, Rudy Herbello, Assistant Chief, Golden Beach Police Department, Ray Black, Chief, Miramar Police Department, W. Howard Harrison, Chief, Plantation Police Department, Franklin Adderley, Chief, Fort Lauderdale Police Department, Rodolfo Llanes, Chief, Miami Police Department (MPD), and Dan Guistino, Chief, Pembroke Pines Police Department, announce the filing of federal charges against 61 defendants in 43 separate cases, dealing with tens of thousands of stolen identities and millions of dollars stolen from individuals, businesses and government agencies through fraudulent schemes. Today’s cases reaffirm the joint federal, state and local commitment to the prosecution of perpetrators who steal, sell and use personal identification information to commit identity theft fraud schemes.
In an attempt to combat the rising wave of stolen identity tax refund scams, and armed with recent directives from the Department of Justice’s Tax Division, making prosecutions faster and easier, the U.S. Attorney’s Office for the Southern District of Florida established the South Florida Identity Theft Tax Fraud Strike Force (Strike Force) in August 2012. With the escalating spread of fraud offenses, the Strike Force has broadened the scope of its focus and is now identified as the Identity Theft Fraud Strike Force.
The cases announced in this takedown demonstrate the pernicious and prevalent nature of identity theft fraud. This fraud permeates every aspect of the public sphere and private industry. The expanded scope of the Identity Theft Fraud Strike Force recognizes the breadth of this problem and demonstrates law enforcement’s ability to tackle the ever evolving identity theft threat. No longer limited to stolen identity tax refund fraud or any type of government benefit fraud, the Strike Force is investigating and prosecuting cases including an intrusion into proprietary government databases, takeovers by identity thieves of accounts as diverse as U.S. Social Security accounts, retail credit card accounts, and bank accounts, and the use of skimmers to steal valuable personal identity information. These cases demonstrate that law enforcement in general and the Strike Force in particular continue to adapt to meet this insidious identity theft threat.
Since the inception of the Strike Force, we have charged 433 defendants, who were responsible for approximately $352 million in intended losses and in excess of $142 million in actual SIRF fraud loss.
The members of the Strike Force, and participating agencies, include the United States Attorney’s Office, IRS-CI, TIGTA, SSA-OIG, ICE-HSI, FBI, MDPD, USSS, USPIS, DOL-OIG, ATF, USMS, DEO, Aventura Police Department, NMBPD, BSO, CSPD, Coral Gables Police Department, Golden Beach Police Department, Miramar Police Department, Plantation Police Department, Fort Lauderdale Police Department, MPD, and Pembroke Pines Police Department.
United States Attorney Wifredo A. Ferrer stated, “Identity theft continues to plague our community in evolving ways. Identity thieves are now using stolen personal identity information to infiltrate proprietary government databases and accounts of private individuals at banks, retailers and other financial institutions. We remain committed to stopping identity thieves who cost individuals and entities across the public and private sectors billions of dollars. The cost of identity theft cannot be measured in dollars alone, as it further undermines the financial stability of identity theft victims and wreaks havoc on their lives. Our Office thanks the dedicated members of federal, state and local law enforcement who work tirelessly to bring these offenders to justice.”
Kelly R. Jackson, Special Agent in Charge, IRS Criminal Investigation (IRS-CI), stated, “As a result of today’s coordinated effort, we have charged and arrested individuals who participated in different roles related to stolen identity refund fraud (SIRF) and numerous other identity theft schemes. IRS-CI remains committed to allocating time and resources to investigating those who victimize individuals for their own personal gain. The investigation of egregious return preparers and SIRF cases remain a top priority for IRS-CI.”
“We estimate that criminals steal billions of dollars of IRS tax refunds each year by utilizing various schemes involving stolen identities. This crime victimizes not only the person whose identity has been stolen, but every American taxpayer. Prosecuting individuals for stealing identity information and refunds will continue to be one of our top investigative priorities,” said TIGTA Deputy Inspector General for Investigations Timothy Camus.
“Social Security payments are a lifeline for many Americans who are retired or unable to work due to disability. These indictments are a testament to our serious commitment to pursuing those who would victimize Social Security beneficiaries. Our office is gratified by the U.S. Attorney’s shared commitment to investigate and prosecute this type of fraud, which affects all Americans,” Special Agent in Charge Margaret Moore-Jackson, Social Security Administration, Office of the Inspector General.
“Ranging from tax fraud to immigration fraud violations, ICE-HSI strives to disrupt identity theft on many levels to protect our citizens and financial infrastructure,” said Robert C. Hutchinson, Acting Special Agent in Charge of HSI Miami. “We will continue to utilize our very broad authorities and vast skills to support this important mission with our partner agencies.”
Juan J. Perez, Acting Director, Miami-Dade Police Department, announced that “The investigations and arrests highlighted today are yet another example of how much can be accomplished through strong relationships and collaboration between law enforcement agencies at all levels. The Miami-Dade Police Department remains committed to this spirit of teamwork and to using all tools available in combating the crimes of fraud and identity theft which affect the entire community.”
“The U.S. Mail remains one of the most secure means of transmitting personal information,” said Ronald Verrochio, Inspector in Charge, USPIS, Miami Division. “The Postal Inspection Service is committed to ensuring the nation’s mail system is not exploited by criminals for illicit financial gain.”
“An important part of the DOL-OIG mission is to investigate unemployment insurance fraud, often perpetrated through identity theft. We are committed to continuing to work with our Identity Theft Strike Force partners and the law enforcement agencies in other affected states in an effort to combat this issue,” stated Rafiq Ahmad, Special Agent in Charge of the Atlanta Regional Office of the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
Florida Department of Economic Opportunity Executive Director Jesse Panuccio said, “Identity theft and related fraud have reached crisis levels, and the Department of Economic Opportunity has made fighting this fraud a top priority. Over the last two years, we have stopped 135,000 fraudulent claims with a potential value of $558 million. The criminals who attempt this fraud need to understand that they will be caught, arrested, and prosecuted. We are thankful for our partnership with, and the hard work of, the U.S. Department of Labor’s Office of Inspector General and the U.S. Attorney for the Southern District of Florida.”
Today, U.S. Attorney Ferrer, joined by members of the Identity Theft Fraud Strike Force, announce the most recent results of their investigative efforts. The cases announced today include:
A. STOLEN DATA
1. United States v. Marvin Ricardo Herard, Case No. 15-20898-CR-Gayles
On November 17, 2015, Marvin Ricardo Herard, 26, of Miami, was charged in a thirteen-count indictment for his participation in an identity theft tax fraud scheme.
According to the allegations contained in the indictment, between October 2011 and July 2015, Herard was involved in a stolen identity refund scheme that used stolen personal identification information to file false federal income tax returns. Herard and his co-conspirators also used stolen personal identification information to access the Internal Revenue Service’s “Get Transcript” service and obtain tax records of their identity theft victims. Herard and his co-conspirators caused the IRS to deposit the fraudulent tax returns onto prepaid debit cards and bank accounts controlled by them, and Herard used a debit card number registered to another person.
Herard was charged with conspiracy to commit wire fraud, wire fraud, aggravated identity theft, possession of fifteen or more unauthorized access devices, and use of unauthorized access devices.
Mr. Ferrer commended the investigative efforts of IRS-CI, TIGTA and NMBPD. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
2. United States v. Arvis Jamar Lawson, Case No. 15-06494-MJ-Valle
On November 17, 2015, Arvis Jamar Lawson, 30, of Broward County, was charged by complaint for his participation in an access device fraud scheme.
According to the allegations contained in the complaint, Lawson possessed and exchanged with co-conspirators numerous individuals’ personal identification information, including names, dates of birth and Social Security numbers. Lawson also possessed personal identification information for an individual who had been the victim of a fraudulent tax return filing.
Mr. Ferrer commended the investigative efforts of TIGTA, IRS-CI, NMBPD and Fort Lauderdale Police Department. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
B. ACCOUNT TAKEOVERS
3. United States v. Judel Jean-Charles, Case No. 15-6490-MJ-Valle
On November 16, 2015, Judel Jean-Charles, 24, of Miami, was charged by criminal complaint with using an unauthorized access device to obtain a thing of value aggregating $1,000 or more and aggravated identity theft.
According to the allegations contained in the criminal complaint, on or about July 18, 2015, an anonymous person called the Miramar Police Department to report suspicious activity at an ATM located at a Wells Fargo branch located in Miramar, Florida. An officer from the Miramar Police Department responded to the scene and observed an individual, later identified as Jean-Charles, matching the description provided by the anonymous caller.
While the officer was speaking to Jean-Charles, the defendant dropped something on the ground at the rear of a vehicle. As a second police officer arrived, Jean-Charles fled the scene on foot leading the officers on a chase through the fenced in yards of several homes in the area before he was caught by the officers. A search of Jean-Charles recovered $7,200 in cash from his pocket. The officers also recovered two Visa credit cards in other individuals’ names, one from the defendant’s flight path and the other from the vehicle. The defendant was arrested on state charges.
A subsequent investigation revealed that the two Visa credit cards in other individuals’ names were issued by the same bank (the “Victim Bank”). Investigators made contact with the Victim Bank and learned that the Visa credit cards belonged to individuals living in the State of Ohio. Investigators further learned that both accounts had been compromised by unidentified individuals who called the Victim Bank and (i) ordered replacement cards to be sent to an address in Florida and (ii) changed the PIN numbers on the respective accounts. Further, it appears that the unidentified callers utilized masking software when they called the Victim Bank to make it appear that they were calling from the account holders’ phone numbers on record with the Victim Bank in a process known as “spoofing.” In total, the Victim Bank reported to law enforcement that on July 18, 2015, the two replacement cards recovered by the Miramar Police Department were used to make an ATM withdrawal in the amount of $7,227 from the Wells Fargo branch in Miramar, Florida, and a $6,424 ATM withdrawal from a Wells Fargo Branch in Pembroke Pines, Florida.
Mr. Ferrer commended the investigative efforts of Aventura Police Department, Miramar Police Department and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Brooke C. Watson.
4. United States v. Jean Ductan, Case No. 15-200861-CR-Ungaro
On November 5, 2015, Jean Ductan, 34, of Miami, was charged in a five-count indictment for his participation in a debit card fraud scheme.
According to the allegations contained in the indictment, from October 2014 to October 15, 2015, Ductan engaged in a conspiracy to use unauthorized debit cards to obtain something of value aggregating $1,000 or more. Members of the conspiracy ordered replacement pins and debit cards for at least three victims’ accounts and stole the replacement pins and debit cards from the mail at the victims’ addresses. Ductan then used the debit cards to withdraw at least $4,000 from the victims’ accounts at ATMs in Miami-Dade and Broward Counties.
According to additional court documents, on October 15, 2015, law enforcement officers observed Ductan drive up to the mailbox of a residence in Plantation, Florida, sort through the mail, and drive away. During an investigatory stop of the vehicle, officers found two envelopes addressed to that same residence. The envelopes contained debit cards that had been taken without the knowledge and authority of the addressee.
The indictment charges Ductan with conspiracy to use unauthorized debit cards to obtain $1,000 or more, use of unauthorized debit cards to obtain $1,000 or more, aggravated identity theft, and theft of mail.
Mr. Ferrer commended the investigative efforts of the USPIS. The case is being prosecuted by Assistant U.S. Attorney Tonya R. Long.
5. United States v. Nadia Coles, et al., Case No. 15-20827-CR-Gayles
On November 17, 2015, Nadia Coles, 36, Deidra Steed, 27, Brittany Roby, 28, Kevin Bennet, 37, Zakeylia Ward, 23, and Eugene Rodriguez, 21, all of Miami, were charged in a seventeen-count indictment for their participation in a conspiracy to use stolen personal identity information (PII) to take over unauthorized credit card accounts at department stores in South Florida.
According to the allegations contained in the indictment, at least as early as August 2015, the defendants and their co-conspirators would use the stolen PII to call and fraudulently add themselves as authorized users of the victims’ credit card accounts. The defendants would then travel to the department stores and request to purchase large amounts of merchandise using the victims’ credit card accounts. The defendants and their co-conspirators would enter the true customers’ stolen Social Security number into the keypad at the store counter or provide the customers’ PII directly to the cashier in order to complete the purchases.
Mr. Ferrer commended the investigative efforts of the MDPD Economic Crimes Bureau/Organized Fraud Intelligence Squad (OFIS). The case is being prosecuted by Assistant U.S. Attorney Timothy J. Abraham.
6. United States v. Frisler Clairvil, Case No. 15-60295-CR-Dimitrouleas/Snow
On November 17, 2015, Frisler Clairvil, 29, of Lauderdale Lakes, was charged in an eight-count indictment for his participation in a conspiracy to use stolen personal identity information (PII) to commit Social Security fraud.
According to the allegations contained in the indictment, at least as early as June 2013, the defendant and his co-conspirators would use the stolen PII to obtain Social Security benefit payments that belonged to Social Security beneficiaries. To accomplish this scheme, Clairvil and his co-conspirators logged onto the Social Security Administration website, “My Social Security,” with the victims’ names, dates of birth, and Social Security numbers to open online accounts in those victims’ identities. Once the online accounts were opened, Clairvil and his co-conspirators redirected the Social Security benefit payments from the victims to themselves by having the funds deposited into bank accounts which they controlled. To further conceal their criminal activity, Clairvil and his co-conspirators opened these bank accounts using stolen PII of other persons.
From June 2013 to October 2015, Clairvil and his co-conspirators used the stolen PII of over 1,300 victims and stole over $300,000 in Social Security benefits.
Clairvil was charged with conspiracy to use unauthorized access devices, access device fraud, theft of government money, and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of the SSA-OIG. The case is being prosecuted by Assistant U.S. Attorney Timothy J. Abraham.
7. United States v. Alexander Bernard Harris, Case No. 15-20850-CR-Middlebrooks
On October 30, 2015, Alexander Bernard Harris, 25, of Miami, was charged in a six-count indictment for the theft of Social Security benefits.
According to the allegations contained in the indictment, Harris re-directed the Social Security benefits of other individuals into bank accounts in his own name by stealing the personal identifying information of Social Security beneficiaries.
Mr. Ferrer commended the investigative efforts of the SSA-OIG. The case is being prosecuted by Assistant U.S. Attorney Matthew Langley.
8. United States v. Hervens Steven Sanon, Case No. 15-20849-CR-Gayles
On October 30, 2015, Hervens Steven Sanon, 29, of Miami, was charged in a five-count indictment for the theft of Social Security benefits.
According to the allegations contained in the indictment, Sannon stole the Social Security benefits of other individuals and deposited those benefits into his own account.
Mr. Ferrer commended the investigative efforts of the SSA-OIG. The case is being prosecuted by Assistant U.S. Attorney Matthew Langley.
9. United States v. Samonique Honer, Case No. 15-03497-MJ-Simonton
On November 18, 2015, Samonique Honer, 26, of Miami, was charged by criminal complaint for her participation in a stolen identity Social Security Administration (SSA) benefit and tax fraud scheme.
According to the allegations contained in the criminal complaint, from approximately February 2014, and continuing through at least October 2014, Honer conspired with others to knowingly and willfully receive for her own use and gain SSA benefit payments and United States Department of Treasury tax refund checks, knowing that the benefit payments and tax refunds had been stolen and converted. Honer and her co-conspirators obtained SSA benefits and tax information belonging to other individuals without their knowledge and authority. They subsequently unjustly enriched themselves by obtaining SSA benefit payments and United States Department of Treasury tax refunds, to which they were not entitled.
According to the complaint, on or about February 25, 2014, Honer incorporated Hooner Financial Accounting Services, LLC (Hooner Financial) a Florida corporation, with its principal place of business in Mimi-Dade County. Honer was listed on corporate documents as the manager and registered agent of Hooner Financial. Bank records indicate that on or about February 28, 2014, Honer opened a Citibank, N.A. bank account in the name of Hooner Financial. One debit card, with a corresponding PIN, was issued in connection with the account. Honer was the only signatory on the bank account. Honer and her co-conspirators designated this bank account for the deposit of the fraudulently obtained SSA payments and federal income tax refunds. Surveillance video captured conspirators withdrawing funds from this account for their own use and benefit.
The criminal complaint charges the defendant with conspiracy to commit an offense against the United States, and theft of government property.
Mr. Ferrer commended the investigative efforts of the SSA-OIG and IRS-CI. The case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
10. United States v. Emelia Chang and Ashley Palmieri, Case No. 15-6492-MJ-Valle
On November 17, 2015, Emelia Chang, 25, of Miami, and Ashley Palmieri, 24, of Miami Gardens, were charged by criminal complaint for their participation in a debit card fraud scheme to order replacement debit cards and personal identification numbers (“pins”) to be sent to victims’ addresses; steal those debit cards and pins from the mail; and use them to withdraw funds from victims’ accounts without authorization.
According to the allegations contained in the criminal complaint, from October 2, 2014 to October 21, 2014, Chang and Palmieri engaged in a conspiracy to use unauthorized debit cards to obtain something of value aggregating $1,000 or more. Members of the conspiracy ordered replacement pins and debit cards for at least two victims’ accounts and stole the replacement pins and debit cards from the mail at the victims’ addresses. Chang then used the debit cards to withdraw at least $5,100 from the victims’ accounts at ATMs in Broward County. On October 21, 2014, law enforcement officers observed Palmieri drive up to a mailbox in Pembroke Pines, Florida, take the mail, and drive away. During an investigatory stop of the vehicle, officers found mail addressed to that same residence, including a letter that appeared to contain a debit card and one that appeared to contain a pin number. In a post-Miranda statement, Palmieri admitted to driving Chang to banks, where Chang made ATM withdrawals.
The complaint charges Chang and Palmieri with conspiracy to use unauthorized debit cards to obtain $1,000 or more.
Mr. Ferrer commended the investigative efforts of USPIS. The case is being prosecuted by Assistant U.S. Attorney Tonya R. Long.
C. SKIMMING CASES
11. United States v. Anthony Nunovero and Edelso Sanchez, Case No. 15-20884-CR-Huck
On November 13, 2015, Anthony Nunovero, 29, and Edelso Sanchez, 53, both of Miami, were charged in an eight-count indictment for their participation in a conspiracy to illicitly install credit card skimmers at gas pumps in South Florida gas stations in order to steal the credit card account information of unsuspecting customers and then making and using counterfeit credit cards with the stolen information.
According to the allegations contained in the indictment, at least as early as August 2015, the defendants and their co-conspirators installed credit card scanning devices which were modified to attach to the credit card readers in area gas pumps so that the scanners would capture the credit card account information of unsuspecting customers. The defendants and their co-conspirators would open the targeted gas pumps, install the credit card scanning device, close the pump and replace the gas pump tamper-proof seal stickers with counterfeit tamper-proof stickers. They would later collect the skimmer and create counterfeit credit cards with the credit card account information that had been taken from unsuspecting customers.
Mr. Ferrer commended the investigative efforts of the MDPD Economic Crimes Bureau/Organized Fraud Intelligence Squad (OFIS). The case is being prosecuted by Assistant U.S. Attorney Matthew Langley.
12. United States v. Randy Normul Pierre, Case No. 15-20661-CR-Altonaga
Randy Normul Pierre, 29, of Miami, was charged in a six-count indictment for his participation in an identity theft scheme.
According to the allegations contained in the indictment, the defendant possessed device-making equipment, including State of Florida seal adhesives and card stock, as well as the Social Security numbers of fifteen or more persons. On September 23, 2015, Pierre pled guilty to identity theft and the unlawful possession of device-making equipment. Pierre is scheduled to be sentenced on November 30, 2015 before U.S. District Court Judge Cecilia M. Altonaga.
Mr. Ferrer commended the investigative efforts of IRS-CI and FBI. The case is being prosecuted by Assistant U.S. Attorney John R. Byrne.
13. United States v. Marlin Jean, Case No. 15-20870-CR-Moreno
On November 6, 2015, Marlin Jean, 24, of Miami, was charged in a three-count indictment for possessing 15 or more counterfeit credit cards and credit card account numbers, access device-making equipment, and a stolen firearm.
Mr. Ferrer commended the investigative efforts of the USSS and MPD. The case is being prosecuted by Assistant U.S. Attorney Matthew Langley.
14. United States v. Rolando Aguilar Conde, Case No. 15-20877-CR-Martinez
On January 30, 2015, Rolando Aguilar Conde, 29, of Miami, was charged in a two-count indictment with unauthorized possession of device-making equipment and aggravated identity theft.
According to the allegations contained in the indictment and other court records, on September 22, 2015, law enforcement executed a search warrant at Conde’s residence pursuant to an investigation of identity theft and credit card fraud of other residents, including the defendant’s mother. During the search, law enforcement officers discovered, among other things, a credit card “skimming” device and a credit card embossed with Conde’s name and encoded with a debit account number issued to another person in Conde’s bedroom. In addition, law enforcement discovered 28 other credit cards embossed with Conde’s name and encoded with credit and debit card account numbers issued to other persons. The investigation also revealed that the “skimming” device contained a debit card account number that had been issued to another person.
Mr. Ferrer commended the investigative efforts of the ICE-HSI and the CSPD. The case is being prosecuted by Assistant U.S. Attorney Joshua S. Rothstein.
D. MONEY SERVICE BUSINESSES
15. United States v. Junior Jean Baptiste, Case No. 15-20777-CR-Martinez
On October 1, 2015, Junior Jean Baptiste, 35, of Miami, was charged in a twenty-count indictment for his participation in a stolen identity refund fraud scheme involving the cashing of fraudulently obtained tax refund checks.
According to the allegations contained in the indictment, Baptiste operated a check-cashing store called Surveillance Master LLC in North Miami, Florida from 2010 to 2012. At this store, the defendant cashed fraudulently obtained tax refund checks for a fifty-percent fee and knowingly possessed hundreds of false identification documents corresponding to tax refund checks. Hundreds of the tax refund checks had been issued in the names of deceased persons. In total, the defendant cashed over $10 million in fraudulently obtained tax refund checks. Among other things, Baptiste used proceeds from this fraud scheme to purchase a cargo ship, registered in Palau.
The defendant was charged with possession of five or more false identification documents and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
16. United States v. Gino Denis, Case No. 15-03496-MJ-Simonton
United States v. Sebastien Dumond, Case No. 15-20839-CR-Moreno
On November 18, 2015, Gino Denis, 32, of Miami Lakes, was charged by criminal complaint for his participation in a stolen identity refund fraud scheme involving the cashing of fraudulently obtained tax refund checks. Sebastien Dumond, 25, of Miami, was previously charged in a one-count information for his role in this scheme.
According to the allegations contained in the criminal complaint, Denis operated Tiblanc Multi-Services in Miami, Florida in 2012 and 2013. At this store, Denis cashed approximately $3.8 million in fraudulently obtained tax refund checks. Denis directed the proceeds of this fraud for his own personal benefit by wiring funds to his wife’s account, to his landlord for rent, and to others for cash payments.
According to the complaint, in June 2015, Denis discussed cashing fraudulently obtained tax refund checks, in exchange for a 30% facilitator’s fee. Denis directed co-conspirator Dumond to cash the fraudulently obtained checks with using false identification documents. Dumond cashed approximately $120,000 in fraudulently obtained tax refund checks.
Denis was charged with conspiracy to commit theft of government money, theft of government money, and money laundering. Dumond was charged with conspiracy to commit theft of government money.
Mr. Ferrer commended the investigative efforts of IRS-CI, ICE-HSI, FBI, USSS, Coral Gables Police Department, and Golden Beach Police Department. This case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
E. EFIN/TAX PREPARATION BUSINESS FRAUD
17. United States v. Johny Wolf Jasmin and Carneisha Patrice Mitchell, Case No. 15-60276-CR-Zloch
Johny Wolf Jasmin, 32, of Boca Raton, and Carneisha Patrice Mitchell, 31, of Miami, were charged in a ten-count indictment for their participation in a stolen identity tax refund fraud scheme.
According to the allegations contained in the indictment, from on or about September 5, 2013, to March 4, 2015, in Hollywood, Florida, the defendants used various Electronic Filing Identification Numbers (“EFIN’s”), to file false and fraudulent federal income tax returns with the Internal Revenue Service (“IRS”) seeking refunds using stolen personal identifying information (“PII”) that was issued to living and deceased individuals. After the fraudulent tax returns were received by the IRS, the defendants arranged to have the tax refund payments loaded to various pre-paid debit cards in the names of taxpayers whose names and Social Security numbers were used to file false and fraudulent tax returns or issued by check in the names of taxpayers whose names and Social Security numbers were used to file false and fraudulent tax returns. In total, approximately $1.4 million in fraudulent tax refunds were sought from the IRS.
Mr. Ferrer commended the investigative efforts of IRS-CI, FBI and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Maurice A. Johnson.
18. United States v. Shontavia Monique Williams, Case No. 15-20878-CR-Altonaga
On November 13, 2015, Shontavia Monique Williams, 32, of Miami, was charged by indictment with participating in a fraudulent income tax refund scheme.
According to the allegations contained in the indictment, A-Z Tax Solutions, Inc. (“A-Z Tax”) was a business in Opa-Locka, Florida. Williams was the registered agent and owner of A-Z Tax, a tax preparation business. Williams maintained a bank account, in the name of A-Z Tax. The IRS permitted tax professionals to submit tax returns in the names of other individuals, in accordance with the rules and requirements of the IRS’s e-file program.
From January 17, 2012, through February 13, 2012, Williams filed income tax returns claiming tax refunds in the names of other people, knowing such claims were false, fictitious, and fraudulent. Williams used, without authorization, the Social Security numbers belonging to other individuals, to file the fraudulent claims. The claims totaled approximately $41,504.00. From February 1, 2012 through February 8, 2012, Williams received a total of approximately $33,858 in fraudulent tax refunds via U.S. Treasury electronic funds transfers issued to various payees.
Williams is charged with six counts of filing false, fictitious, and fraudulent individual income tax returns; five counts of theft of government property; and five counts of aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI, City of Miami Police Department and NMBPD. The case is being prosecuted by Assistant U.S. Attorney Ilham A. Hosseini.
19. United States v. Wolf Obin, Stanley Muscova, and Rosny Muller, Case No. 15-20885-CR-Gayles
On November 13, 2015, Wolf Obin, 32, of Miami-Dade, Stanley Muscova, 28, of Miami-Dade, and Rosny Muller, 29, of Broward County, were charged in an eight-count indictment for their participation in a conspiracy to commit tax fraud using other peoples’ stolen identities.
According to the allegations contained in the indictment, beginning in or around October 2011, Obin, Muscova, and Muller fraudulently obtained Electronic Filing Identification Numbers (“EFINs”) in the names of other individuals who acted as “straw” EFIN holders which allowed the defendants to submit tax returns in the names of other individuals. The defendants then used those EFINs, as well as EFINs in their own names, to file false and fraudulent federal income tax returns using the stolen personal identifying information of other individuals without their knowledge and authority. When law enforcement executed a search warrant on the defendants’ Aventura apartment, they discovered the personal identifying information of more than 1,600 individuals. Through their tax filings, the defendants claimed approximately $2,900,000 and caused the IRS to pay approximately $1,700,000 in illicit federal tax refunds.
Mr. Ferrer commended the investigative efforts of the IRS-CI and Aventura Police Department. The case is being prosecuted by Assistant U.S. Attorney Matthew Langley.
20. United States v. David Robersant Louis, Case No. 15-6495-MJ-Valle
On November 17, 2015, David Robersant Louis, 36, of Miami, was charged by criminal complaint with possession of 15 or more unauthorized access devices, that is, Social Security numbers issued to other persons.
According to the allegations contained in the criminal complaint, Louis possessed in his computers the personal identifying information (PII) of hundreds of individuals, including their Social Security numbers, dates of birth, and names. This PII was used to file fraudulent tax returns from an IP address linked to Louis, in Miramar, Florida.
Mr. Ferrer commends the efforts of ICE-HSI and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Jonathan K. Osborne.
F. STOLEN TREASURY CHECKS
21. United States v. Fidel Rodriguez, Case No. 15-20743-CR-Martinez
On September 24, 2015, Fidel Rodriguez, 56, of Miami, was charged in a one-count information for his involvement in a stolen identity refund fraud scheme and account takeover scheme involving the cashing of fraudulently obtained checks.
According to documents filed in Court, Rodriguez was allegedly part of a conspiracy involving the filing of at least $14 million in fraudulent large-dollar tax refund claims—each ranging from approximately $140,000 to $170,000—in 2014. These fraudulent refund requests were submitted for payment using stolen identity information. Over 100 of these tax refunds were directed for payment to the same address in Hialeah. The defendant is on surveillance video from a local bank depositing two fraudulently obtained tax refund checks—each totaling approximately $160,000—that had been in September and October 2014. Separately, Rodriguez also deposited fraudulently obtained temporary bank checks—one for approximately $195,000 and one for approximately $400,000—using compromised bank account information at a local bank in Miami in December 2014 and January 2015.
Rodriguez was charged with one count of conspiracy to commit theft of government money.
Mr. Ferrer commended the investigative efforts of the Identity Theft Tax Refund Strike Force, with special commendation to IRS-CI, FBI, and ICE-HSI. This case is being prosecuted by Assistant U.S. Attorney Michael N. Berger.
22. United States v. Shirley Saint-Louis, Case No. 15-3498-MJ-Simonton
On November 17, 2015, Shirley Saint-Louis, 20, of North Miami, was charged by criminal complaint for her theft of government money.
According to the allegations contained in the criminal complaint, in December 2014, Saint-Louis deposited into her own bank accounts Department of Treasury checks for Social Security benefits and tax refunds that belonged to other individuals and which had been altered so that Saint-Louis’ name and address appeared on the check instead of the intended beneficiaries’ name and address.
Mr. Ferrer commended the investigative efforts of the SSA-OIG. The case is being prosecuted by Assistant U.S. Attorney Timothy J. Abraham.
23. United States v. Anthony Maycock and Roshea Alexis Reid, Case No. 15-20852-CR-Moore
On November 3, 2015, Anthony Maycock, 57, and Roshea Alexis Reid, 21, both of Miami, were charged in a two-count indictment with conspiracy to commit an offense against the United States and theft of government money.
According to the allegations contained in the indictment, Maycock, Reid, and their co-conspirators obtained and altered a United States Treasury check in the amount of $31,401 and deposited it into a bank account controlled by them.
Mr. Ferrer commended the investigative efforts of TIGTA. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
24. United States v. Shonteaka Moore, Case No. 15-20880-CR-Lenard
On November 13, 2015, Shonteaka Moore, 31, of Miami Gardens, was charged in a four-count indictment with theft of government money and aggravated identity theft.
According to the allegations contained in the indictment, Moore knowingly received, concealed, and retained at least two United States Department of Treasury checks with an aggregate value of more than $1,000. Moore intended to convert these checks for her own personal use and gain, despite knowing they had been stolen. Specifically, on April 26, 2014, Moore deposited a United States Department of Treasury tax refund check issued in the amount of $1,441 into a SunTrust bank account that she controlled. Then, on May 20, 2014, she deposited another United States Department of Treasury tax refund check issued in the amount of $10,000 into the same bank account. Both times, Moore knowingly transferred the money to herself, without lawful authority, by using the names and signatures of the victims.
Mr. Ferrer commended the investigative efforts of the Aventura Police Department and IRS-CI. This case is being prosecuted by Assistant U.S. Attorney Anne McNamara.
25. United States v. Jean Daniel Julien, Case No. 15-8610-CR-Brannon
On November 17, 2015, Jean Daniel Julien, was charged by criminal complaint for his participation in a stolen identity tax fraud scheme which occurred in Palm Beach and Broward Counties.
According to the allegations contained in the criminal complaint, Julien received a $56,000 U.S. Treasury refund check in the name of “D.H.” Another individual opened a bank account in D.H.’s name, and the defendant deposited the refund check into this account. Julien then deposited a $55,000 starter check written on the D.H. account into a business account controlled by Julien’s wife. During the next three days, most of the $55,000 was withdrawn from the account.
The complaint charges the defendant with theft of government money and bank fraud.
Mr. Ferrer commended the investigative efforts of IRS-CI. The case is being prosecuted by Assistant U.S. Attorney William Zloch.
26. United States v. Lori Sue Lotter, Case No. 15-20848-CR-Moreno
On October 30, 2015, Lori Sue Lotter, 41, of Miami, was charged by indictment with theft of a United States Department of Treasury tax refund check.
According to the allegations contained in the indictment, on May 19, 2014, Lotter deposited into her own bank account a Department of Treasury tax refund check that belonged to another individual and which had been altered so that Lotter’s name and address appeared on the check instead of the intended beneficiaries’ name and address.
Mr. Ferrer commended the investigative efforts of the USSS. The case is being prosecuted by Assistant U.S. Attorney Matthew Langley.
27. United States v. Johanne Hilaire, Case No.15-20873-CR-Seitz
On November 10, 2015, Johanne Hilaire, 30, of Miami, was charged by indictment with four counts of theft of government money. According to the allegations contained in the indictment, Hilaire retained for her own use and gain over $10,000 of stolen United States Treasury checks.
Mr. Ferrer commended the investigative efforts of TIGTA. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
28. United States v. Darius Terrell Parke, Case No.15-60279-CR-Cohn
On November 10, 2015, Darius Terrell Parke, 19, of Miami, was charged by indictment with fraudulent endorsement of a United States Treasury check, theft of government money, and aggravated identity theft. According to the allegations contained in the indictment, Parke fraudulently endorsed and cashed a United States Treasury check that belonged to another individual.
Mr. Ferrer commended the investigative efforts of IRS-CI, TIGTA and the Fort Lauderdale Police Department. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
29. United States v. Tewon Ieshia Thompson, Case No.15-60280-CR-Zloch
On November 10, 2015, Tewon Ieshia Thompson, 22, of Fort Lauderdale, was charged by indictment with fraudulent endorsement of a United States Treasury check, theft of government money, and aggravated identity theft. According to the allegations contained in the indictment, Thompson fraudulently endorsed and cashed a United States Treasury check that belonged to another individual.
Mr. Ferrer commended the investigative efforts of the IRS-CI, TIGTA and the Fort Lauderdale Police Department. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
30. United States v. Bertram Marvin White, Case No.15-60292-CR-Marra
On November 17, 2015, Bertram Marvin White, 30, of Miami, was charged by indictment with fraudulent endorsement of a United States Treasury check, theft of government money, and aggravated identity theft. According to the allegations contained in the indictment, White fraudulently endorsed and cashed a United States Treasury check that belonged to another individual.
Mr. Ferrer commended the investigative efforts of IRS-CI, TIGTA and the Miramar Police Department. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
G. STOLEN IDENTITY BENEFITS/CREDIT CARD FRAUD
31. United States v. Alexandra Fernandez, Case No. 15-20881-CR-King
On November 13, 2015, Alexandra Fernandez, 25, of Miami, was charged in a three-count indictment with one count of unlawful use of one or more access devices, and two counts of aggravated identity theft.
According to the allegations contained in the indictment, from approximately July 13, 2015, through July 23, 2015, Fernandez knowingly used credit card numbers belonging to another person in order to fraudulently obtain more than $1,000 worth of items. In doing so, on at least two occasions, Fernandez purposely transferred, possessed, and used, without lawful authority, the victim’s means of identification to obtain merchandise.
Mr. Ferrer commended the investigative efforts of the Aventura Police Department and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara.
32. United States v. Bechir Delva and Dann Kenny Delva, Case No. 15-60209-CR-Dimitrouleas
Bechir Delva, 24, and Dan Kenny Delva, 27, both of Miramar, were charged in a seven-count indictment for their participation in an identity theft scheme.
According to the allegations contained in the indictment, the defendants conspired to possess debit cards and Social Security numbers issued to other persons and possessed several firearms, including an AR-15 rifle, a SIG 522 rifle and a .380 pistol, to protect the stolen items. The indictment charges the defendants with one count of conspiracy to possess fifteen or more unauthorized access devices, one count of possession of fifteen or more unauthorized access devices, and five counts of aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorney John R. Byrne.
33. United States v. Ricardo Jean Loiseau, Case No. 15-60208-CR-Cohn
Ricardo Jean Loiseau, 27, of Hallandale Beach, was charged in a four-count indictment for his participation in an identity theft scheme.
According to the allegations contained in the indictment, the defendant possessed debit cards registered to other individuals. The indictment charges the defendant with one count of possession of fifteen or more unauthorized access devices and three counts of aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorney John R. Byrne.
34. United States v. Stacy A. Gaines and Nicaya T. Cooper, Case No. 15-60275-CR- Dimitrouleas
On November 5, 2015, Stacy A. Gaines, 39, and Nicaya T. Cooper, 35 both of Tamarac, were charged by criminal information for their participation in a stolen identity tax fraud scheme.
According to the information, from February 2010, through July 2013, Gaines and Cooper filed, or caused to be filed, fraudulent federal tax returns with the Internal Revenue Service (“IRS”) seeking refunds in the amount of $299,433.88. The IRS refunded approximately $279,866.39 for those fraudulently filed tax returns.
According to the investigation, Cooper opened bank accounts at Regions Bank and gave Gaines access to those accounts to deposit the various fraudulent refunds. Gaines filled out the fraudulent tax returns seeking refunds by hand utilizing the personal identification information (“PII”) from various individuals and mailed them into the IRS for processing. The true taxpayers did not give Gaines or Cooper permission to file fraudulent returns on their behalf.
The defendants are charged with participating in a wire fraud conspiracy.
Mr. Ferrer commended the investigative efforts of IRS-CI, BSO and the USSS South Florida Organized Fraud Task Force (SFOTF). The case is being prosecuted by Assistant U.S. Attorney Alicia E. Shick.
35. United States v.Damian Williams, Case No. 15-20856-CR-Moreno
On November 3, 2015, Daiman Williams, 23, of North Miami Beach, was charged in a four-count indictment for his participation in a stolen identity tax fraud scheme.
According to the allegations contained in the indictment, on or about January 18, 2013, a state probation compliance check was performed on Williams at his residence in North Miami Beach, FL. During the compliance check of Williams’ residence, officers found a Toshiba laptop that contained a list of personal identifying information (PII). A forensic examination of the laptop revealed a series of documents containing over two thousand (2,000) pieces of PII, which included the names, Social Security numbers, and dates of birth for hundreds of school teachers and medical patients. In addition, credit reports, tax returns, and other miscellaneous PII were found in the laptop. Further investigation revealed that several of the individuals identified from the laptop had been victims of identity theft related to the fraudulent filing of their federal income tax returns.
On or about August 26, 2014, another state probation compliance check was performed on Williams’ residence. In connection with the compliance check, law enforcement searched Williams’ phone and found a video of the defendant holding a firearm and then storing the firearm in the trunk of a white Lexus vehicle. The vehicle was found in the driveway of Williams’ residence. Officers opened the trunk of the vehicle and discovered the firearm, ammunition and PII for more than 50 individuals, including names, dates of birth and Social Security numbers of homeowners’ insurance applications and completed income tax forms.
The indictment charges the defendant with possession of fifteen or more unauthorized access devices and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI, DOL-OIG, DEO, and the NMBPD. The case is being prosecuted by Assistant U.S. Attorney Miesha Shonta Darrough.
36. United States v. Edward Fiol, Case No. 15-20827-CR-Graham
On October 23, 2015, Edward Fiol, 59, of Miami, was charged in a ten count indictment for his participation in a scheme to embezzle money from the Social Security Administration.
According to the allegations contained in the indictment, from January 2011 through December 2013, Fiol embezzled money payable to an individual with the initials "M.F." and improperly converted the money to his own use.
Mr. Ferrer commended the investigative efforts of the SSA-OIG. The case is being prosecuted by Assistant United States Attorney Cary O. Aronovitz.
37. United States v. Quinzella Jjovanna Romer, Case No. 15-06498-MJ-Valle
On November 18, 2015, Quinzella J. Romer, 39, of Miami, was charged by criminal complaint for her participation in possessing over 60 persons names and Social Security numbers that she unlawfully accessed while working at a health insurance company.
According to the allegations contained in the criminal complaint, on April 8, 2014, Romer was issued a traffic citation and law enforcement determined that she had an outstanding warrant for arrest due to petit theft. A pat down was conducted of Romer’s person and law enforcement found a Florida driver’s license in another person’s name in her jacket. After obtaining a search warrant, law enforcement searched Romer's cell phone where they found over 20 pictures of a computer screen containing personal identifying information (PII), names and Social Security numbers of health insurance customers. Upon further investigation, law enforcement determined that at least three of the individuals whose PII was found in Romer’s phone were victims of identity theft in 2013.
The criminal complaint charges Romer with knowingly, and with intent to defraud, possessing fifteen or more unauthorized access devices, that is names and Social Security numbers issued to other persons, and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of IRS-CI and the Coral Springs Police Department. The case is being prosecuted by Assistant U.S. Attorney Cary O. Aronovitz.
38. United States v. Wilna Joseph and Maraldy Necker Jean, Case No. 15-60277-CR-Zloch
On November 6, 2015, Wilna Joseph, 36, and Maraldy Necker Jean, 39, both of Broward County, were indicted for their involvement in an identity theft conspiracy scheme involving the trafficking in, use, and possession of unauthorized debit card account numbers.
According to the allegations contained in the indictment, between January 20 and 21, 2014, a conspirator filed fraudulent tax returns using the name and Social Security number of other individuals. Then, on February 6, 2014, the defendants drove to a Wells Fargo Bank in Pembroke Pines and Joseph attempted to withdraw cash from the ATM using a debit card encoded with an account number belonging to one of the tax return victims. The defendants then drove to a Citibank, located in Pembroke Pines, where Joseph made four withdrawals, totaling approximately $1,200.00, using a debit card encoded with an account number belonging to another one of the tax return victims.
At the time of their arrest, on February 6, 2014, the defendants had in their possession seventeen unauthorized debit cards, registered in the names of other persons.
The defendants are charged with access device fraud and aggravated identity theft.
Mr. Ferrer commends the efforts of IRS-CI, FBI, and the Pembroke Pines Police Department. This case is being prosecuted by Assistant U.S. Attorney Jonathan K. Osborne.
39. United States v. Reyniel Cabrera Inurrieta, a/k/a “Anthony Smith,” a/k/a “Anthuan Smith,” Case No. 15-CR-20819-Cooke
On November 6, 2015, Reyniel Cabrera Inurrieta, 29, of Miami, was indicted for importing and attempting to possess with the intent to distribute a controlled substance, ethylone (“Molly”), into the United States from China.
According to the allegations contained in the previously filed criminal complaint, on October 21, 2015, Inurrieta attempted to pick up two parcels that had arrived at his P.O. Box in Miami, from China which he expected contained ethylone. At the time of his arrest, Inurrieta also possessed numerous counterfeit credit cards.
Mr. Ferrer commends the efforts of ICE-HSI, USSS, and MDPD. This case is being prosecuted by Assistant U.S. Attorney Jonathan K. Osborne.
40. United States v. Marvin John Janvier, Case No. 15-20851-CR-Gayles
On November 3, 2015, Marvin John Janvier, 22, of Miami, was charged in a nine-count indictment for his participation in an identity theft tax fraud scheme.
According to the allegations contained in the indictment, between January 21, 2015 and April 25, 2015, Janvier caused to be filed over 170 fraudulent federal income tax returns, seeking refunds in excess of $100,000.
Janvier was charged with wire fraud, aggravated identity theft, and possession of fifteen or more unauthorized access devices.
Mr. Ferrer commended the investigative efforts of IRS-CI, USSS, and NMBPD. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
41. United States v. Mike Patrick Guillaume, Case No.15-60288-CR-Bloom
On November 10, 2015, Mike Patrick Guillaume, 31, of Miramar, was charged by indictment for his participation in an identity theft scheme.
According to the allegations contained in the indictment, on or about December 4, 2014, the defendant possessed the Social Security numbers of at least fifteen individuals. The indictment also alleges that the defendant transferred, possessed and used the means of identification, specifically, the debit card account numbers of two individuals.
The indictment charges the defendant with use of unauthorized access devices, possession of fifteen or more unauthorized access devices, and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of the Miramar Police Department and ICE-HSI. The case is being prosecuted by Assistant U.S. Attorney Daya Nathan.
42. United States v. Ronel Junior Lamour, Case No.15-20882-CR-Gayles
On November 13, 2015, Ronel Junior Lamour, 25, of Miami, was charged in a 5-count indictment for a scheme to use stolen identities to file unauthorized tax returns, setup bank accounts with debit cards in the names of the tax filers, and then have the refunds wired to those accounts.
According to the allegations contained in the indictment, beginning on or about February 1, 2013, Lamour fraudulently used debit card account numbers issued to other persons to purchase United States Postal Service (USPS) money orders. On August 13, 2014 and January 2, 2014, Lamour deposited these USPS money orders into a bank account.
On March 18, 2014, pursuant to a warrant, federal law enforcement conducted an electronic search of Lamour’s cell phone. The search uncovered personal identifying information (“PII”) - including names, dates of birth, and social security numbers.
The investigation further revealed that Lamour used Social Security numbers issued to other persons to file unauthorized tax returns.
Lamour was charged with conspiracy to commit access device fraud, use of one or more unauthorized access devices, possession of fifteen or more unauthorized access devices and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of the IRS-CI and USPIS. The case is being prosecuted by Assistant U.S. Joshua S. Rothstein.
43. United States v. Sean Lyons, Case No. 15-60297-CR-Cohn
On November 17, 2015, Sean Lyons, 29, of Plantation, was charged in a five-count indictment for his participation in a stolen identity tax fraud scheme.
According to the allegations contained in the indictment, on May 28, 2014, Lyons possessed unauthorized prepaid debit cards registered to at least fifteen people. The indictment also alleges that Lyons transferred, possessed, or used the means of identification of four individuals in relation to that offense.
The indictment charges Lyons with possession of fifteen or more unauthorized access devices and aggravated identity theft.
Mr. Ferrer commended the investigative efforts of the IRS-CI and the Plantation Police Department. The case is being prosecuted by Assistant U.S. Attorney Tonya R. Long.
If convicted of the charged conduct, the defendants face a possible maximum statutory sentence of 10 years in prison for possession of fifteen or more unauthorized access devices; 10 years in prison for trafficking in or using one or more unauthorized access devices during a one-year period and by such conduct obtaining anything of value over $1,000; 5 years in prison for theft of mail; 10 years in prison for theft of government money; 5 in prison for conspiracy to commit theft of government money; 5 years in prison for conspiracy to defraud the United States; 20 years in prison for participating in a wire fraud conspiracy; 5 years in prison for conspiracy to pass Treasury checks bearing forged endorsements; and 2 years in prison consecutive to any other term for aggravated identity theft.
A complaint or an indictment is only an accusation and a defendant is presumed innocent unless and until proven guilty.
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.
Wednesday 18 November 2015
West Suburban Drug Dealer Sentenced to 16 Years in Prison for Selling Dozens of Guns Later Used in Chicago ShootingsRead the Press Release
CHICAGO — A federal judge today sentenced a Lisle man to 16 years in prison for putting at least 80 firearms into the hands of known gang members on the streets of Chicago.
WALTER FREEMAN obtained the guns from a co-defendant, TIMOTHY VANA, in exchange for crack cocaine. Freeman later sold the guns to individuals he knew to be members of Chicago street gangs. Several of the guns were used in shootings and other crimes in and around Chicago.
Freeman, 36, of Lisle, pleaded guilty last year to one count of knowingly and intentionally distributing a controlled substance, and one count of knowingly possessing a firearm in furtherance of a drug trafficking crime. He also stipulated to being a felon in possession of a firearm in a charge that was filed in a separate indictment.
U.S. District Judge Sharon Johnson Coleman imposed the 16-year sentence in federal court in Chicago.
“Defendant’s possession and sale of at least 80 weapons directly contributed to the violence that our city faces,” Assistant U.S. Attorney Jennie Levin said in the government’s sentencing memorandum. “He has victimized the entire Chicago community.”
According to a written plea agreement, Freeman sold approximately seven grams of crack cocaine per week to a regular group of customers from 2008 to 2013. He also admitted selling crack cocaine to an undercover law enforcement agent on several occasions in 2011 and 2012.
Freeman obtained 40 guns from Vana between 1999 and 2001, and another 40 between 2010 and 2011. The guns included revolvers and semi-automatic weapons. Vana had stolen the guns from an avid firearms collector who resided at Vana’s family’s home in Bolingbrook.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives later recovered many of the weapons after they had been involved in shootings and other crimes in and around Chicago. ATF agents traced the serial numbers of the guns and learned they had been purchased by the same owner, who resided in Vana’s family’s house. Further investigation revealed the drugs-for-guns arrangement between Vana and Freeman.
Vana, 54, of Forest Park, pleaded guilty last month to one count of being a felon in possession of a firearm, and one count of knowingly possessing a firearm that he had reasonable cause to believe was stolen. Vana’s sentencing hearing before U.S. District Judge Elaine E. Bucklo will be scheduled at a later date.
Freeman’s sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Jeffery Magee, Special Agent in Charge of the ATF Chicago Field Division. The Cook County Sheriff’s Police and the Illinois State Police assisted in the investigation.
The government is represented by Ms. Levin.
Waldoboro Resident Pleads Guilty to Crack Conspiracy ChargeRead the Press Release
Contact: Joel B. Casey
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Jeremy Ingersoll-Meserve, 38, of Waldoboro, Maine pleaded guilty today in U.S. District Court to conspiring to distribute and possess with the intent to distribute cocaine base, commonly known as, crack cocaine.
Between about January 2010 and August 2013, the defendant conspired with others to distribute over 280 grams of crack cocaine throughout the greater Bangor area. The drugs were obtained in the New Haven, Connecticut area and transported to the Bangor area by others. The defendant obtained the drugs from other conspirators and sold it for $100 per gram and $50 per half-gram.The defendant faces up to 20 years in prison, a $1,000,000 fine and supervised release of between three years and life. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Maine Drug Enforcement Agency; the Bureau of Alcohol, Tobacco, Firearms and Explosives (New Haven office); and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.VA Hospital Union Official Sentenced to Prison for Stealing from UnionRead the Press Release
BIRMINGHAM – A federal judge on Tuesday sentenced the former president of the federal employees union at Birmingham's Veterans Affairs Hospital to six months in prison, plus six months home detention for embezzling more than $92,000 from the local chapter. U.S. Attorney Joyce White Vance, U.S. Department of Veterans Affairs, Office of Inspector General, Special Agent in Charge Monty Stokes, and U.S. Department of Labor, Office of Labor-Management Standards, Investigator Hollis Lindley Jr. announced the sentence.
STEPHANIE HICKS, 44, of Birmingham, pleaded guilty in June to bank fraud and forgery. U.S. District Judge Karon O. Bowdre ordered Hicks to pay $92,000 in restitution to the American Federation of Government Employees, Local 2207, AFL-CIO, as part of her sentence. Hicks must report to prison Jan. 12.
Hicks was elected president of Local 2207 at the Birmingham VA Hospital in July 2007 and served until July 2013 when members elected a new president. The local collects dues biweekly from its more than 440 members. During Hicks' tenure, the local maintained the money in two bank accounts -- a general operating account and a legal fund account, first at Wachovia Bank and, following a merger, at Wells Fargo Bank, according to the indictment and Hick’s plea agreement with the government.
From at least Jan. 1, 2008 until July 26, 2013, Hicks schemed to defraud the banks, using her position as Local 2207 president to conduct unauthorized transactions taking money from the union's accounts to use for her personal benefit, according to the court records. Those transactions included writing checks to herself for travel that did not take place, forging the name of other Local 2207 officers and members on checks she wrote to herself, and making unauthorized debit card purchases and cash withdrawals, according to the records.
To conceal her fraud, Hicks did not maintain records of the financial transactions, as required by federal law and Local 2207's constitution and bylaws, nor did she seek approval for the expenditures.
Veterans Affairs, OIG, and the Department of Labor, OLMS and OIG, investigated the case, which Assistant U.S. Attorney Xavier O. Carter prosecuted.
United States Returns nearly $12 Million to Victims of Illegal Money-Transmitting Business called e-BullionRead the Press Release
LOS ANGELES – The United States has returned approximately $11.7 million in civilly forfeited fraud proceeds to more than 1,000 victims who invested or deposited money with e-Bullion.com, a website that operated for years as an illegal money-transmitting business.
The funds were disbursed to e-Bullion victims last week after federal prosecutors successfully obtained a civil forfeiture order against money and precious metals seized from the illegal money-transmitting business and its operator. The $11.7 million included bank funds and liquidated reserves of gold, silver and platinum seized from James Fayed and his companies – e-Bullion.com, Goldfinger Coin and Bullion (GCB) and Goldfinger Bullion Reserve Corp.
The recent disbursement of funds follows another distribution of funds in December 2014, when $1.8 million in civilly forfeited funds was returned to over 300 victims who invested in an illegal scheme operated under “Kum Ventures” that was run through e-Bullion.
e-Bullion purported to provide opportunities to invest in precious metals. Through the e-Bullion.com website, individuals opened accounts with real money, which they used to purchase virtual “e-currency” purportedly backed by precious metal reserves maintained by Fayed’s companies in the United States and Australia. e-Bullion accountholders could then trade their e-currency with others on the website. While there were no fees associated with establishing or funding an account on the e-Bullion website, there were fees associated with changing e-currency back into real money.
In practice, e-Bullion allowed individuals engaging in fraud to move money around the world while remaining virtually anonymous and avoiding many international banking reporting requirements. An investigation into e-Bullion and GCB by the Federal Bureau of Investigation and IRS Criminal Investigation revealed that operators of fraudulent “high-yield investment programs” and other illegal investment schemes used e-Bullion to collect millions of dollars of e-currency from victims, much of which was wire transferred by GCB to overseas accounts. The asset forfeiture case prosecuted by the United States Attorney’s office alleged that Fayed and his companies not only allowed these illegal schemes to use e-Bullion to operate – collecting substantial fees when the fraudsters cashed out – but also profited by retaining monies abandoned by fraudsters who believed they were under investigation by law enforcement or were about to be caught.
“e-Currency is not beyond the reach of the law,” said United States Attorney Eileen M. Decker. “The Department of Justice has recouped and will continue to recoup criminal proceeds for crime victims in the digital age.”
During the course of the criminal investigation into e-Bullion, James Fayed hired hitmen to murder his wife and business partner, Pamela Fayed. James Fayed subsequently was prosecuted by the Los Angeles County District Attorney’s Office and sentenced to death following the separate investigation by the Los Angeles Police Department.
The United States obtained information from e-Bullion’s and GCB’s encrypted computer servers in Switzerland, and that information was used to identify e-Bullion accountholders and the value of their individual accounts. Last week, Analytics Consulting LLC, the claims administration company retained by the United States Department of Justice, distributed the forfeited funds to the innocent accountholders through a process known as “remission,” which allows the government to use forfeited monies to compensate domestic and international victims of crime. The e-Bullion victims resided in several countries, including the United States, Australia and Canada.
The United States Attorney’s Office, the Federal Bureau of Investigation and IRS Criminal Investigation, with the assistance and cooperation of the Australian Federal Police and Australian prosecutors, also secured the forfeiture of approximately $12 million in precious metals held by Fayed and his companies in Perth, Australia. Efforts to repatriate the Australian proceeds for distribution to the e-Bullion victims are ongoing.
United States Joins Lawsuit Alleging That Inchcape Shipping Services Overcharged the United States Navy for Ship Husbanding ServicesRead the Press Release
The government announced today that it has joined a lawsuit alleging that Inchcape Shipping Services Holdings Limited and certain of its subsidiaries (collectively, Inchcape) violated the False Claims Act by knowingly overbilling the U.S. Navy for ship husbanding services from years 2005 to 2014. Inchcape is a marine services contractor headquartered in the United Kingdom.
As a ship husbanding services provider, Inchcape arranged for the provision of goods and services to Navy ships at ports in several regions throughout the world, including southwest Asia, Africa, Panama, North America, South America and Mexico. Inchcape’s services typically included the provision of food and other subsistence items, arrangement of local transportation, waste removal, telephone services, ship-to-shore transportation and force protection services. The lawsuit, which was unsealed today, alleges that Inchcape knowingly overbilled the Navy by submitting invoices that overstated the quantity of goods and services provided, billed at rates in excess of applicable contract rates and double-billed for certain goods and services.
“Those who contract with the federal government and accept taxpayer dollars must follow the rules,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will not tolerate contractors who submit false claims to defraud the armed forces or any other agency of the United States.”
“Ensuring that federal contractors deliver the goods and services at the agreed upon prices in return for receiving the taxpayers’ money is a priority for the U.S. Attorney’s Office,” said U.S. Attorney Channing D. Phillips of the District of Columbia. “This lawsuit reflects our commitment to combat fraud against federal government agencies.”
“The Department of the Navy continues to hold contractors accountable for the agreements they have made to supply our fleet,” said Captain Amy Derrick, a senior spokeswoman for the Department of the Navy. “We also continue to expect strict adherence to higher standards within the Department and expect the same from industry.”
The lawsuit was brought under the qui tam, or whistleblower, provisions of the False Claims Act by three former employees of Inchcape, Noah Rudolph, Andrea Ford and Lawrence Cosgriff. Under the act, a private citizen may bring suit on behalf of the United States and share in any recovery. The government may intervene in the case, as it has done here. The False Claims Act allows the government to recover treble damages and penalties from those who violate it.
The case is being handled jointly by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office of the District of Columbia, with assistance from the Department of the Navy and the Naval Criminal Investigative Service.
The case is captioned United States ex rel. Rudolph v. Inchcape Shipping Services Holdings Limited, et al., No. 1:10-cv-01109 (D.D.C). The claims alleged in the case are allegations only, and there has been no determination of liability.
United States Attorney Charges Two Men with Sex TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that a federal grand jury returned an indictment charging Gary Delima, 26, and Sharif Cargo, 26, both of Brooklyn, New York, with Sex Trafficking by Force and Coercion, Coercion and Enticement to Engage in Prostitution, and Transportation for Prostitution. Delima was also charged with the Sex Trafficking of a Child.
Delima, Cargo, and others had been federally indicted on March 18, 2015, on charges related to the distribution of heroin and cocaine base in Vermont. Today, a federal grand jury in Burlington returned a Third Superseding Indictment, adding the new charges related to human trafficking. Specifically, Delima and Cargo are accused of recruiting, enticing, and maintaining two individuals referred to in the indictment as “Victim 1” and “Victim 2,” and using force, threats of force, fraud, and coercion to cause them to engage in commercial sex acts between September 2012 and September 2013. Delima and Cargo are further accused of inducing and enticing “Victim 1” to travel from Vermont to New York in February 2013 to engage in prostitution, and transporting “Victim 1” from Vermont to New York in February 2013 to engage in prostitution. Delima is also charged with transporting an individual referred to as “Victim 3,” a minor, to engage in prostitution in January 2015.
According to an affidavit in support of a search warrant application submitted on November 16, 2015, law enforcement responded to a South Burlington motel in July 2013, and encountered Sharif Cargo, Gary Delima, and two women. Inside the motel room, law enforcement discovered Cargo, Delima, and the women, as well as evidence of prostitution and narcotics activity. Law enforcement also discovered that at least one of the women had been advertised earlier that day on the website “Backpage.com” as an escort available in the South Burlington area. Additional records from Backpage.com revealed that Sharif Cargo’s email address was used to post similar advertisements on the website between August 2012 and August 2013.
According to the same affidavit, law enforcement again responded to a South Burlington motel in February 2015 and encountered two females who admitted to being engaged in prostitution. One of the females was a minor. The females identified Gary Delima as the man who transported them from New York to Vermont for the purposes of having the females engage in prostitution.
If convicted, Cargo and Delima face a mandatory minimum of 15 years of imprisonment, and up to a maximum of life imprisonment for Sex Trafficking by Force and Coercion. Delima faces a mandatory minimum of 10 years of imprisonment, and up to life imprisonment, for the Sex Trafficking of a Child. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.
United States Attorney Eric S. Miller commended the investigative efforts of the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the South Burlington Police Department; and the Burlington Police Department.
Miller also stated, “Earlier this month, my office released a public service announcement intended to raise awareness surrounding the dangerous intersection of drug and sex trafficking in Vermont and to put victims and potential victims in touch with the services they need. Today, we have filed charges against two men alleged to have trafficked both drugs and young women. We will win the fight against human trafficking through this targeted combination of education, treatment, and vigorous law enforcement.”
The United States is represented in this matter by Assistant U.S. Attorneys Abigail Averbach and Jonathan Ophardt. Sharif Cargo is represented by Thomas J. Sherrer, Esq. Gary Delima is represented by Brooks G. McArthur, Esq. and David J. Williams, Esq.
U.S. Joins Lawsuit Alleging that Inchcape Shipping Services Overcharged the United States Navy for Ship Husbanding ServicesRead the Press Release
WASHINGTON – The government announced today that it has joined a lawsuit alleging that Inchcape Shipping Services Holdings Limited and certain of its subsidiaries (collectively, Inchcape) violated the False Claims Act by knowingly overbilling the U.S. Navy for ship husbanding services from years 2005 to 2014. Inchcape is a marine services contractor headquartered in the United Kingdom.
As a ship husbanding services provider, Inchcape arranged for the provision of goods and services to Navy ships at ports in several regions throughout the world, including southwest Asia, Africa, Panama, North America, South America and Mexico. Inchcape’s services typically included the provision of food and other subsistence items, arrangement of local transportation, waste removal, telephone services, ship-to-shore transportation and force protection services. The lawsuit, which was unsealed today, alleges that Inchcape knowingly overbilled the Navy by submitting invoices that overstated the quantity of goods and services provided, billed at rates in excess of applicable contract rates and double-billed for certain goods and services.
“Those who contract with the federal government and accept taxpayer dollars must follow the rules,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will not tolerate contractors who submit false claims to defraud the armed forces or any other agency of the United States.”
“Ensuring that federal contractors deliver the goods and services at the agreed upon prices in return for receiving the taxpayers’ money is a priority for the U.S. Attorney’s Office,” said U.S. Attorney Channing D. Phillips of the District of Columbia. “This lawsuit reflects our commitment to combat fraud against federal government agencies.”
“The Department of the Navy continues to hold contractors accountable for the agreements they have made to supply our fleet,” said Captain Amy Derrick, a senior spokeswoman for the Department of the Navy. “We also continue to expect strict adherence to higher standards within the Department and expect the same from industry.”
The lawsuit was brought under the qui tam, or whistleblower, provisions of the False Claims Act by three former employees of Inchcape, Noah Rudolph, Andrea Ford and Lawrence Cosgriff. Under the act, a private citizen may bring suit on behalf of the United States and share in any recovery. The government may intervene in the case, as it has done here. The False Claims Act allows the government to recover treble damages and penalties from those who violate it.
The case is being handled jointly by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office of the District of Columbia, with assistance from the Department of the Navy and the Naval Criminal Investigative Service.
The case is captioned United States ex rel. Rudolph v. Inchcape Shipping Services Holdings Limited, et al., No. 1:10-cv-01109 (D.D.C). The claims alleged in the case are allegations only, and there has been no determination of liability.
U.S. Attorney’s Office Files Civil Lawsuit Against New Jersey Couple and Two Diagnostic Companies for Falsifying Diagnostic Test Reports and Failing to Properly Supervise TestsRead the Press Release
NEWARK, N.J. – U.S. Attorney Paul J. Fishman announced today that the government has intervened in a False Claims Act lawsuit and filed a complaint against a Morris County, New Jersey, couple and their diagnostic imaging companies for knowingly submitting false claims to Medicare for thousands of falsified diagnostic test reports and the underlying tests.
Nita K. Patel, 53, and Kirtish N. Patel, 53, both of Rockaway, New Jersey, owners and operators of Biosound Medical Services Inc. and Heart Solution PC of Parsippany, New Jersey, each pleaded guilty Nov. 17, 2015, to informations charging them with health care fraud related to this conduct.
The civil complaint alleges that defendants created fraudulent diagnostic test reports, forged physician signatures on these reports, and then billed Medicare for the fraudulent reports and the underlying tests that were used solely to create these reports. The complaint alleges that defendants billed Medicare for neurological tests that they conducted without the required physician supervision. The complaint also alleges that defendants knowingly submitted false claims for neurological tests conducted without physician supervision.
The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act. The Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it has done in this case.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Richard M. Frankel; and the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation leading to the filing of today’s complaint.
The government is represented by Assistant U.S. Attorney Charles Graybow of the U.S. Attorney’s Office Health Care and Government Fraud Unit.
U.S. Attorney Paul J. Fishman reorganized the health care fraud practice at the New Jersey U.S. Attorney’s Office shortly after taking office, including creating a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since 2010, the office has recovered more than $640 million in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug, and Cosmetic Act and other statutes.
The case is captioned U.S. ex rel. Jane Doe v. Heart Solution, PC, et al., No. 14-3644 (D.N.J.).
Defense counsel:
Kirtish Patel: Anthony Fusco, Jr., Esq., Passaic, New Jersey
Nita Patel: Frank Arleo, Esq., West Orange, New Jersey
Counsel for Relator:
Timothy J. McInnis, Esq., New York, New York
U.S. Attorney's Office to Review City and Suburban Restaurants for Compliance with Americans with Disabilities ActRead the Press Release
CHICAGO — The United States Attorney’s Office in Chicago has launched a review of restaurants in the city and suburbs to ensure compliance with the Americans with Disabilities Act, authorities announced today.
The purpose of the review is to ensure that the restaurants are accessible to persons with disabilities. The initiative is undertaken in accordance with the congressionally-mandated responsibility to review compliance with the ADA. The U.S. Attorney’s Office hopes to work cooperatively with restaurant owners who are found to be non-compliant.
“The Americans with Disabilities Act is an important civil rights law,” said Zachary T. Fardon, United States Attorney for the Northern District of Illinois. “Restaurant owners must conform to its accessibility provisions, and we will pursue all reasonable measures to ensure compliance.”
This year marks the 25th anniversary of the passage of the ADA. The Act prohibits discrimination on the basis of disability in places of public accommodation, including restaurants, and requires such places to be “designed, constructed, and altered in compliance with the accessibility standards” established by the ADA’s implementing regulations.
As part of the program, an initial selection of restaurant owners in Chicago and the suburbs will be asked to complete a survey pertaining to their restaurant’s accessibility. Federal investigators may then conduct on-site inspections of the facilities to confirm survey responses and to evaluate compliance with ADA regulations. The initial round of surveys is being sent to the restaurants today.
Non-compliant owners and operators will initially have the option to voluntarily agree to upgrade their facilities to meet ADA requirements. However, owners and operators found to be engaging in a pattern or practice of discrimination – and those who fail to enter voluntary compliance agreements – may face a civil lawsuit and be subject to monetary penalties and civil fines.
Additional information about the ADA can be found at www.ada.gov, or by calling the toll-free information line at the Civil Rights Division of the Justice Department at (800) 514-0301 (voice) or (800) 514-0383 (TTY).