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30 December 2015
Justice Department Reaches Landmark Settlement Agreement with State of Oregon Regarding Americans with Disabilities ActRead the Press Release
In a Dec. 29, 2015, order, the U.S. District Court for the District of Oregon approved a settlement agreement between the Justice Department, a class of private plaintiffs and the state of Oregon, which resolved the department’s and the class plaintiffs’ claims against the state under the Americans with Disabilities Act (ADA). The agreement will impact approximately 7,000 Oregonians with intellectual and developmental disabilities (I/DD) who can and want to work in typical employment settings in the community. The private plaintiffs were represented by the Center for Public Representation, Disability Rights Oregon and the law firms of Miller Nash Graham & Dunn LLP and Perkins Coie LLP. The agreement resolves a class action lawsuit by private plaintiffs in which the department intervened. The parties’ settlement agreement was approved by U.S. Magistrate Judge Janice Stewart of the District of Oregon, who presided over the lawsuit.
In the department’s lawsuit, it alleged that Oregon’s employment services system unnecessarily placed people with I/DD in, or at risk of entering, sheltered workshops instead of in integrated jobs in the community, in violation of the ADA. As interpreted by the Supreme Court’s landmark decision in Olmstead v. L.C., the ADA affords individuals with disabilities the right to receive services in the most integrated setting appropriate to their needs. Sheltered workshops are segregated facilities that exclusively or primarily employ people with disabilities. They are usually large, institutional facilities in which people with disabilities have little or no contact with non-disabled persons besides paid staff. People with I/DD in sheltered workshops typically earn wages that are well below minimum wage, sometimes pennies per hour. By contrast, supported employment services assist people with I/DD to prepare for, gain and succeed in integrated employment at competitive wages. Approximately 450,000 people with I/DD across the country spend their days in segregated sheltered workshops and facility-based day programs. Approximately 1,900 Oregonians with disabilities currently receive services in sheltered workshops. Since the initiation of the lawsuit, approximately 3,900 Oregonians with disabilities have received services in sheltered workshops, and historically hundreds of students have transitioned each year from Oregon public schools directly into sheltered workshops.
The agreement calls for 1,115 people in sheltered workshops to receive jobs in the community at competitive wages over the next seven years. In addition, 7,000 people will receive employment services that will afford them the opportunity to work in the community, including at least 4,900 youth ages 14 to 24 years old, who are exiting school. At least half of the youth served will receive an Individual Plan of Employment, which sets forth the services and supports necessary to achieve competitive employment, from Oregon’s vocational rehabilitation system.
The settlement resolves the first class action lawsuit in the nation to challenge a state funded and administered employment service system, including sheltered workshops, as a violation of the ADA’s integration mandate. The class action, Lane v. Kitzhaber (since renamed Lane v. Brown), was filed in January 2012 by eight named individuals and United Cerebral Palsy of Oregon and Southwest Washington, on behalf of themselves and other individuals with I/DD who are in Oregon sheltered workshops or have been referred to sheltered workshops. In March 2013, the Department of Justice moved to intervene in the lawsuit, seeking to vindicate the rights of thousands of individuals with I/DD across Oregon. The department’s claims included that Oregon violated the ADA by unnecessarily segregating adults with I/DD in sheltered workshops and by placing Oregon youth with I/DD at unnecessary risk of segregation in sheltered workshops.
“Work is fundamental to contributing to and being fully included in the community,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “People with disabilities deserve opportunities to work alongside their friends, peers and neighbors without disabilities and to earn fair wages, access equal opportunities for advancement and to achieve social and economic independence. We are pleased that the state of Oregon has fully embraced integrated employment services for people with disabilities, and we look forward to seeing the ways in which thousands of Oregonians with intellectual and developmental disabilities will contribute, grow and advance in typical workplaces throughout the state.”
“Individuals with intellectual and developmental disabilities are valuable members of our community,” said U.S. Attorney Billy J. Williams of the District of Oregon. “They contribute to our workforce, our diversity, and they enrich our environment. We have an obligation to remove barriers to their full participation in society. The final approval of the settlement agreement by the court is a great step toward ensuring that sheltered workshops in Oregon will no longer be used to unnecessarily segregate the intellectually and developmentally disabled.”
The Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to his or her needs. Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts and www.justice.gov/crt to learn more about the other laws enforced by the Civil Rights Division.
Oregon Settlement Agreement
Justice Department Announces Franklin County, Ohio, Sheriss’s Office has Fully Implemented Agreement Regrading Use of TasersRead the Press Release
WASHINGTON – The Justice Department announced today that it has jointly sought and received court approval to terminate a settlement agreement with the Franklin County Sheriff’s Office (FCSO) in Columbus, Ohio, regarding the deployment of tasers in the Franklin County jails. The move recognizes the successful implementation of reforms by the FCSO that resulted in a dramatic reduction in the use of tasers overall, as well as substantial improvements in policies, procedures, training and accountability and review mechanisms in those limited circumstances that tasers are used.
The settlement agreement resolved allegations that the FCSO inappropriately used tasers against detainees, including persons with disabilities, in violation of their constitutional rights. The allegations were initially brought in a class action lawsuit filed by Ohio Legal Rights Service (now Disability Rights Ohio), a federally designated protection and advocacy organization for persons with disabilities. The department filed a statement of interest and later intervened in the lawsuit under its enforcement authority under the Violent Crime Control and Law Enforcement Act.
The U.S. District Court of the Southern District of Ohio approved and entered the settlement agreement on Feb. 4, 2011. The agreement prohibited sheriff’s deputies from using tasers against any detainee who is not reasonably perceived to pose a threat to the safety of the deputy or others and is not resisting by use of physical force. The agreement further restricted the practice of using tasers against persons who question a deputy’s commands in a non-violent manner, or who remain in a limp or prone position. Critically, the settlement agreement prohibited the use of tasers against persons who are known or reasonably believed to be pregnant, are intoxicated due to drugs or alcohol, or are mentally ill or physically impaired. To achieve these reforms, the agreement detailed changes to FCSO’s policies, procedures, training, accountability and supervisory review mechanisms, including the use of de-escalation techniques, heightened reporting requirements by each deputy involved in a use of force and triggers for automatic higher-level review by the Internal Affairs Bureau.
On Dec. 24, 2015, the department joined the FCSO and Disability Rights Ohio in a motion to terminate the settlement agreement, citing the sheriff's sustained substantial compliance with the terms of the agreement for more than two years, as required by the agreement’s terms. On Dec. 28, 2015, the federal court granted the parties’ joint motion to terminate the settlement agreement in light of these improvements.
“We are pleased to see the Franklin County Sheriff's Office reform its use of force practices in its jails, especially with respect to persons with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The accountability mechanisms implemented through this agreement will ensure that the positive outcomes will be sustained long after the agreement is terminated.”
“The termination of this agreement illustrates the positive changes implemented by the Franklin County Sheriff's Office in its policies, training and accountability in regard to taser use, particularly when involving those with disabilities,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio.
Section 14141 authorizes the department to bring a lawsuit seeking remedies to eliminate a pattern or practice of misconduct by law enforcement agencies. The Civil Rights Division’s Special Litigation Section partnered with the U.S. Attorney’s Office of the Southern District of Ohio and attorneys with Disability Rights Ohio to investigate, negotiate and monitor the successful implementation of reforms to the use of tasers in the Franklin County jails.
Justice Department Announces Franklin County, Ohio, Sheriff's Office Has Fully Implemented Agreement Regarding Use of TasersRead the Press Release
The Justice Department announced today that it has jointly sought and received court approval to terminate a settlement agreement with the Franklin County Sheriff’s Office (FCSO) in Columbus, Ohio, regarding the deployment of tasers in the Franklin County jails. The move recognizes the successful implementation of reforms by the FCSO that resulted in a dramatic reduction in the use of tasers overall, as well as substantial improvements in policies, procedures, training and accountability and review mechanisms in those limited circumstances that tasers are used.
The settlement agreement resolved allegations that the FCSO inappropriately used tasers against detainees, including persons with disabilities, in violation of their constitutional rights. The allegations were initially brought in a class action lawsuit filed by Ohio Legal Rights Service (now Disability Rights Ohio), a federally designated protection and advocacy organization for persons with disabilities. The department filed a statement of interest and later intervened in the lawsuit under its enforcement authority under the Violent Crime Control and Law Enforcement Act.
The U.S. District Court of the Southern District of Ohio approved and entered the settlement agreement on Feb. 4, 2011. The agreement prohibited sheriff’s deputies from using tasers against any detainee who is not reasonably perceived to pose a threat to the safety of the deputy or others and is not resisting by use of physical force. The agreement further restricted the practice of using tasers against persons who question a deputy’s commands in a non-violent manner, or who remain in a limp or prone position. Critically, the settlement agreement prohibited the use of tasers against persons who are known or reasonably believed to be pregnant, are intoxicated due to drugs or alcohol, or are mentally ill or physically impaired. To achieve these reforms, the agreement detailed changes to FCSO’s policies, procedures, training, accountability and supervisory review mechanisms, including the use of de-escalation techniques, heightened reporting requirements by each deputy involved in a use of force and triggers for automatic higher-level review by the Internal Affairs Bureau.
On Dec. 24, 2015, the department joined the FCSO and Disability Rights Ohio in a motion to terminate the settlement agreement, citing the sheriff's sustained substantial compliance with the terms of the agreement for more than two years, as required by the agreement’s terms. On Dec. 28, 2015, the federal court granted the parties’ joint motion to terminate the settlement agreement in light of these improvements.
“We are pleased to see the Franklin County Sheriff's Office reform its use of force practices in its jails, especially with respect to persons with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The accountability mechanisms implemented through this agreement will ensure that the positive outcomes will be sustained long after the agreement is terminated.”
“The termination of this agreement illustrates the positive changes implemented by the Franklin County Sheriff's Office in its policies, training and accountability in regard to taser use, particularly when involving those with disabilities,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio.
Section 14141 authorizes the department to bring a lawsuit seeking remedies to eliminate a pattern or practice of misconduct by law enforcement agencies. The Civil Rights Division’s Special Litigation Section partnered with the U.S. Attorney’s Office of the Southern District of Ohio and attorneys with Disability Rights Ohio to investigate, negotiate and monitor the successful implementation of reforms to the use of tasers in the Franklin County jails.
Grove City Man Charged with Distributing HerionRead the Press Release
COLUMBUS, Ohio – Roman Hernandez, 38, of Grove City, appeared in U.S. District Court today on charges related to the distribution of more than 1,000 grams of heroin. A federal grand jury previously charged Hernandez in a three-count indictment.
Carter M. Stewart, United States Attorney for the Southern District of Ohio, Guy A. Ficco, Acting Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, Marlon V. Miller, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Franklin County Sheriff Zach Scott and other members of Central Ohio HIDTA (High Intensity Drug Trafficking Area) Drug Task Force announced the indictment. The HIDTA Task Force is operated as part of the Ohio Attorney General’s Ohio Organized Crime Investigations Commission.
The indictment alleges that in April 2013 Hernandez possessed the heroin with the intent of distributing it. The defendant also allegedly possessed a firearm as a convicted felon and purchased criminally derived property worth more than $10,000, namely, a property on Manitoba Road in Columbus, Ohio.
Possession with intent to distribute more than 1,000 grams of heroin is a crime punishable by up to life in prison. Possessing a firearm as a previously convicted felon and engaging in monetary transactions in property derived from specified unlawful activity each carry a maximum sentence of up to 10 years imprisonment.
Hernandez was arrested in April and has been in custody since.
U.S. Attorney Stewart commended the investigation of this case by the Central Ohio HIDTA Task Force, and Assistant U.S. Attorney Timothy Prichard, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
Former Bank Vice President Is Sentenced to More Than 3 Years for FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney William J. Hochul Jr. announced today that Michael Whipple, 43, of Williamsville, NY, was sentenced by U.S. District Judge Elizabeth A. Wolford to 39 months incarceration, and ordered to pay restitution in the amount of $5,332,397. In addition, the defendant will be placed on supervised release for a period of 3 years once released from incarceration.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that between 2008 and November 2013, Whipple, an M&T Bank Vice President, devised a scheme to defraud the bank involving creation and origination of fraudulent “funding loans.” These loans were created in the names of entities which were credit worthy, or made by the defendant to appear credit worthy. The proceeds were then given to entities of Whipple’s choosing.
As part of the scheme, Whipple forged signatures on loan documentation related to the origination of many of the “funding loans” and had mail diverted to locations other than the credit worthy clients’ addresses to avoid detection. When customers questioned the defendant regarding irregularities in their loan accounts, Whipple told them it was a mistake or a bank error and promised to correct the problem. These problems were never corrected as the defendant stated they would be and he subsequently covered the irregularities up through the creation of new funding loans.
In addition, the defendant caused official checks drawn on M&T Bank to be created to fund the fraudulently originated loans. Similar to a Ponzi scheme, the defendant used some of the proceeds from the fraudulent loans to make payments on the previously obtained fraudulent loans in order to avoid detection by the bank and the customers whose credit was fraudulently used.
At the time the scheme was discovered, there were at least 12 funding loans fraudulently created by Whipple. As a result of the defendant’s actions, M&T Bank suffered a loss of $5,332,397.
The sentencing is a culmination of an investigation by Special Agents of the Federal Bureau of Investigation and Special Agents of the Internal Revenue Service, Criminal Investigation Division, under the direction of Shantelle P. Kitchen, Special Agent in Charge, New York Field Office.
Five Southwest MO Residents Indicted for Meth, Illegal FirearmsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that five southwest Missouri residents have been indicted by a federal grand jury, in three separate but related cases, for distributing methamphetamine in Vernon and Bates County, Mo., and for illegally possessing firearms.
USA v. Bogart, et al
Marklee Eugene Bogart, 35, of Nevada, Mo., and Danny Albert Crawford, 35, of El Dorado Springs, Mo., were charged in a six-count indictment returned by a federal grand jury in Springfield, Mo., on Dec. 9, 2015.
The federal indictment alleges that Bogart and Crawford participated in a conspiracy to distribute 50 grams or more of methamphetamine in Vernon County, Mo., from April 29, 2014, to Jan. 22, 2015.
In addition to the conspiracy, the indictment charges Bogart with one count of possessing methamphetamine with the intent to distribute and one count of illegally possessing firearms in furtherance of those drug-trafficking crimes. Bogart allegedly possessed nine rifles, six shotguns and seven handguns.
The indictment also charges Crawford with one count of possessing methamphetamine with the intent to distribute, one count of possessing a firearm in furtherance of those drug-trafficking crimes and one count of being a felon in possession of ammunition. Crawford, who has been convicted of a felony, allegedly possessed a Mountain Arms .22-caliber rifle and 199 rounds of .22-caliber ammunition.
The indictment also contains a forfeiture allegation, which would require Bogart to forfeit to the government any property derived from the proceeds of the alleged offenses, including a total of $50,897 that was seized by law enforcement officers on two separate occasions.
USA v. Grissom, et al
Donald G. Grissom, 60, of Milo, Mo., and Margaret Wyvonne West, 60, of Rockville, Mo., were charged in a five-count indictment returned by a federal grand jury in Springfield, Mo., on Dec. 9, 2015.
The federal indictment alleges that Grissom and West participated in a conspiracy to distribute at least 50 grams of methamphetamine in Bates County, Mo., from Aug. 13 to Dec. 20, 2014.
In addition to the conspiracy, the indictment charges Grissom and West with one count each of possessing methamphetamine with the intent to distribute.
The federal indictment also charges West with one count of distributing methamphetamine and one count of being a felon in possession of firearms. West, who has been convicted of a felony, allegedly possessed a Cobra .380-caliber handgun, a Mossberg .410 shotgun and a Revelation .22-caliber rifle.
The indictment also contains a forfeiture count, which would require West to forfeit to the government any property derived from the proceeds of the alleged offenses, including $10,905 that was seized by law enforcement officers.
USA v. Pryor
James Pryor, 34, of Nevada, Mo., was charged in a two-count indictment returned by a federal grand jury in Springfield, Mo., on Dec. 9, 2015.
The federal indictment alleges that Pryor possessed five grams or more of methamphetamine with the intent to distribute in Vernon County, Mo., on Dec. 1, 2014.
The indictment also alleges that Pryor possessed a firearm in furtherance of that drug-trafficking crime. Pryor allegedly possessed a Super Comanche 45LC/410 handgun.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
These cases are being prosecuted by Special Assistant U.S. Attorney Jody M. Larison. They were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Drug Enforcement Administration, the FBI, the Vernon County, Mo., Sheriff’s Department and the Bates County, Mo., Sheriff’s Department.
Federal Grand Jury Indicts Riverside Man on Charges of Conspiring with Shooter in San Bernardino Terrorist Attack to Provide Material Support to TerroristsRead the Press Release
Defendant also Charged with Being ‘Straw Purchaser’ of Two Assault Rifles Later Used in San Bernardino Attack that Killed 14 People
Enrique Marquez Jr., 24, of Riverside, California, a longtime friend of Sayed Rizwan Farook, the male shooter in the San Bernardino, California, terrorist attack, was named today in a federal grand jury indictment that charges him with conspiring with Farook in 2011 and 2012 to provide material support to terrorists.
Marquez was also charged today with two counts of making a false statement in relation to the purchase of two assault rifles that were used in the deadly shooting at the Inland Regional Center (IRC) on Dec. 2, 2015.
The five-count indictment additionally charges Marquez with marriage fraud and making a false statement on immigration paperwork in relation to an alleged sham marriage with a member of Farook’s family.
Marquez is currently being held in federal custody without bond and is scheduled to be arraigned in U.S. District Court in Riverside on Jan. 6, 2016.
“Enrique Marquez Jr. has been indicted for his role in plotting terrorist attacks on American soil with Sayed Rizwan Farook in 2011 and 2012, attacks which were, fortunately, not carried out. He is also charged with firearms violations for making straw purchases of weapons for Farook – weapons that were eventually used to carry out the recent terrorist attack in San Bernardino,” said Assistant Attorney General for National Security John P. Carlin. “This indictment is the next step in holding Mr. Marquez accountable. I would like to extend my gratitude to all the members of law enforcement involved in this ongoing investigation.”
“This indictment demonstrates that we will hold accountable all individuals who collaborate with terrorists in executing their plans," said United States Attorney Eileen M. Decker. "Defendant Marquez's extensive plotting with Sayed Rizwan Farook in 2011 and 2012 and his purchase of explosive powder and two firearms provided the foundation for the murders that occurred this month. This indictment is the result of sustained and coordinated efforts by many federal and state prosecutors, agents and officers, and I thank them for their efforts."
"Mr. Marquez is charged for his role in a conspiracy several years ago to target innocent civilians in our own backyard with cold-blooded terror attacks, and with providing weapons to an individual whose endgame was murder," said David Bowdich, the Assistant Director in Charge of the FBI's Los Angeles Field Office. "The covert nature of the defendant's alleged actions is a stark reminder of the challenges we face in preventing attacks planned in the name of violent jihad, and underscores the critical need for those with knowledge about terror plots to come forward."
Today’s indictment charges Marquez with conspiring with Farook to provide material support and resources, including weapons, explosives and personnel, to terrorists, knowing and intending that such support was to be used in preparation for and in carrying out the use of fire or explosive to maliciously damage or destroy any institution or organization receiving federal financial assistance and property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce.
In addition to the conspiracy count, Marquez is charged with two counts of making a false statement when purchasing two assault rifles for Farook – a Smith and Wesson, model M&P-15 Sport, 5.56-caliber rifle that was bought on Nov. 14, 2001, and a DPMS, model A-15, 5.56-caliber rifle that was bought on Feb. 22, 2012 – which, according to an affidavit previously filed in this case, were used in the Dec. 2 attack on the IRC that killed 14 people and wounded 22 others. Specifically, he is charged with stating on a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form that he was the actual buyer, a statement that was, and which defendant knew to be, false.
The final two counts in the indictment allege that Marquez entered into a sham marriage with a member of Farook’s family in November 2014 and that on July 17, 2015, he signed an immigration form, under penalty of perjury, that he was living with the purported spouse in Corona, California, when he was not actually living there.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The charge of providing material support to terrorists carries a maximum sentence of 15 years in federal prison. The charges of making a false statement in connection with acquisition of firearms each carry a statutory maximum penalty of 10 years in federal prison. The marriage fraud count carries a statutory maximum sentence of 5 years in prison, and the charge of making a false statement on immigration paperwork carries a statutory maximum sentence of 10 years in prison.
Today’s indictment in the result of an ongoing investigation that is being conducted by several members of the Inland Empire Joint Terrorism Task Force, including agents and detectives from the FBI; the San Bernardino Police Department; the San Bernardino County Sheriff’s Department; ATF; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Riverside County Sheriff’s Department; the Ontario Police Department and the Riverside Police Department. Several agencies are providing considerable assistance to the investigation, including the San Bernardino County District Attorney’s Office and detectives with the Chino, California, Police Department; the Redlands, California, Police Department and the Corona Police Department. Additionally, investigators have collaborated with sister task forces in the region and throughout the country, as well as with the intelligence community, foreign law enforcement partners and various FBI Legal Attachés located overseas.
The case against Marquez is being prosecuted by the U.S. Attorney’s Office of the Central District of California and the Counterterrorism Section of the Department's National Security Division.
Federal Grand Jury Indicts Riverside Man on Charges of Conspiring with Shooter in San Bernardino Terrorist Attack to Provide Material Support to TerroristsRead the Press Release
RIVERSIDE, California – Enrique Marquez Jr., a longtime friend of Sayed Rizwan Farook, the male shooter in the San Bernardino terrorist attack, was named today in a federal grand jury indictment that charges him with conspiring with Farook in 2011 and 2012 to provide material support to terrorists.
Marquez, a 24-year-old Riverside resident, was also charged today with two counts of making a false statement in relation to the purchase of two assault rifles that were used in the deadly shooting at the Inland Regional Center (IRC) on December 2.
The five-count indictment additionally charges Marquez with marriage fraud and making a false statement on immigration paperwork in relation to an alleged sham marriage with a member of Farook’s family.
Marquez is currently being held in federal custody without bond and is scheduled to be arraigned in United States District Court in Riverside on January 6.
“This indictment demonstrates that we will hold accountable all individuals who collaborate with terrorists in executing their plans,” said United States Attorney Eileen M. Decker. “Defendant Marquez’s extensive plotting with Syed Rizwan Farook in 2011 and 2012, and his purchase of explosive powder and two firearms, provided the foundation for the murders that occurred this month. This indictment is the result of sustained and coordinated efforts by many federal and state prosecutors, agents and officers, and I thank them for their efforts.”
David Bowdich, the Assistant Director in Charge of the FBI’s Los Angeles Field Office, said: “Mr. Marquez is charged for his role in a conspiracy several years ago to target innocent civilians in our own backyard with cold-blooded terror attacks, and with providing weapons to an individual whose endgame was murder. The covert nature of the defendant’s alleged actions is a stark reminder of the challenges we face in preventing attacks planned in the name of violent jihad, and underscores the critical need for those with knowledge about terror plots to come forward.”
Today’s indictment charges Marquez with conspiring with Farook to provide material support and resources – including weapons, explosives and personnel – to terrorists, knowing and intending that such support was to be used in preparation for and in carrying out the use of fire or explosive to maliciously damage or destroy any institution or organization receiving federal financial assistance and property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce.
In addition to the conspiracy count, Marquez is charged with two counts of making a false statement when purchasing two assault rifles for Farook – a Smith and Wesson, model M&P-15 Sport, 5.56-caliber rifle that was bought on November 14, 2001, and a DPMS, model A-15, 5.56-caliber rifle that was bought on February 22, 2012 – which, according to an affidavit previously filed in this case, were used in the December 2 attack on the IRC that killed 14 people and wounded 22 others. Specifically, Marquez is charged with stating on a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form that he was the actual buyer, a statement that was, and which defendant knew to be, false.
The final two counts in the indictment allege that Marquez entered into a sham marriage with a member of Farook’s family in November 2014 and that on July 17, 2015, he signed an immigration form, under penalty of perjury, that he was living with the purported spouse in Corona, California, when he was not actually living there.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The charge of providing material support to terrorists carries a maximum sentence of 15 years in federal prison. The charges of making a false statement in connection with acquisition of firearms each carry a statutory maximum penalty of 10 years in federal prison. The marriage fraud count carries a statutory maximum sentence of five years in prison, and the charge of making a false statement on immigration paperwork carries a statutory maximum sentence of 10 years in prison.
Today’s indictment in the result of an ongoing investigation that is being conducted by several members of the Inland Empire Joint Terrorism Task Force, including agents and detectives from the FBI, the San Bernardino Police Department, the San Bernardino County Sheriff’s Department, ATF, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Riverside County Sheriff’s Department, the Ontario Police Department and the Riverside Police Department.
Several agencies are providing considerable assistance to the investigation, including the San Bernardino County District Attorney’s Office and detectives with the Chino Police Department, the Redlands Police Department and the Corona Police Department. Additionally, investigators have collaborated with sister task forces in the region and throughout the country, as well as with the intelligence community, foreign law enforcement partners and various FBI Legal Attachés located overseas.
The case against Marquez is being prosecuted by the United States Attorney’s Office for the Central District of California and the Counterterrorism Section of the Department’s National Security Division.
Marquez Indictment (235.44 KB)
Eighth Circuit Affirms District Court’s Denial of Federal Inmate’s Habeas Petition and Dismissal of Inmate’s Civil Rights ActionRead the Press Release
United States Attorney Randolph J. Seiler announced that the Eighth Circuit Court of Appeals filed a per curiam opinion and Judgment on December 29, 2015, in the case of Travis Emory Correll v. United States of America, et al., affirming the judgment of the district court.
Federal inmate Correll appealed after the district court dismissed his two pro se civil actions, in which he claimed 18 U.S.C. § 3621 and the regulations promulgated thereunder, violate equal protection because they authorize early release only for nonviolent offenders who have both a history of substance abuse and complete a residential drug-abuse treatment program.
In the opinion, the court wrote, “The government’s refusal to offer early release to Correll does not implicate a fundamental right, so § 3621 is permissible if it is supported by a rational basis. Congress rationally could have concluded that substance-abuse treatment for prisoners could help reduce the extraordinarily high rate of recidivism among offenders who have a history of substance abuse, and that an early-release incentive was necessary to draw into treatment inmates who might otherwise be unwilling to undergo drug treatment.”
Assistant U.S. Attorney Alison Ramsdell handled this appeal for the Government
[1] Per curiam is Latin for “by the court.” A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it denotes an opinion written by the chief justice or presiding judge, or to a brief announcement of the disposition of a case by court not accompanied by a written opinion.Convicted Felon from Hickory Hills Pleads Guilty to Illegally Possessing Rifles and a ShotgunRead the Press Release
CHICAGO — A convicted felon from southwest suburban Hickory Hills pleaded guilty in federal court today to charges he illegally possessed firearms whose serial numbers had been obliterated.
STEVEN RILEY, 24, sold a 20-gauge shotgun, two rifles and 40 rounds of assorted ammunition to an individual for $2,500 in November 2014. Unbeknownst to Riley, the buyer was a confidential informant who was working at the direction of agents from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Riley had previously been convicted of two felonies prior to the gun sales.
Riley pleaded guilty today to one count of illegal possession of a firearm by a convicted felon. The conviction carries a maximum sentence of ten years in prison and a $250,000 fine. U.S. District Judge Virginia M. Kendall scheduled a sentencing hearing for April 14, 2016, at 10:00 a.m.
In addition to the shotgun and rifles, Riley admitted in a plea agreement that he sold other firearms and assorted ammunition to the informant from October 2014 to February 2015. These additional sales netted Riley $3,600. In March 2015, agents executing a search warrant at Riley’s home in Hickory Hills discovered two loaded semi-automatic pistols and various ammunition, according to the plea agreement.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Jeffery Magee, Special Agent in Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Hickory Hills Police Department assisted in the investigation.
The government is represented by Assistant U.S. Attorneys Elizabeth Pozolo, John D. Mitchell, and Jordan Palmore.
Plea Agreement
Baltimore Woman Pleads Guilty to Stealing Almost $200,000 in Social Security BenefitsRead the Press Release
Baltimore, Maryland –Patricia Green Jackson, age 63, of Baltimore, pleaded guilty today to theft of government property arising from a scheme to steal over $196,000 in social security benefits.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General, Philadelphia Field Division.
According to her guilty plea, Jackson was a friend of J.W. and a co-signer on J.W.’s bank account. J.W. began receiving retirement benefits from the Social Security Administration (SSA) in 1986, which were paid by direct deposit to her bank account. J.W. died on December 31, 1997. SSA was not aware of J.W.’s death, and continued to make monthly payments of J.W.’s retirement benefits until March 2015.
Jackson admitted that, after J.W.’s death she withdrew and spent J.W.’s monthly SSA retirement benefits via debit card withdrawals and transactions. At the time J.W.’s benefits were suspended in 2015, SSA was paying $1,087 per month in benefits and paid a total of $196,323 in unauthorized benefits after J.W.’s death in 1997. When she was interviewed by law enforcement on April 2, 2015, Jackson admitted that she knew she was not entitled to J.W.’s retirement benefits.
Jackson faces a maximum sentence of 10 years in prison for theft of government property. U.S. District Judge Marvin J. Garbis has scheduled sentencing for March 9, 2016 at 9:30 a.m.
United States Attorney Rod J. Rosenstein commended the Social Security Administration - Office of Inspector General for its work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Lauren E. Perry, who is prosecuting the case.
Anchorage Woman Sentenced to A Year in Prison and Six Months in A Halfway House for Defrauding an Elderly Widow of over $70,000Read the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that an Anchorage woman was sentenced in federal court in Anchorage for three counts of defrauding an elderly woman of over $70,000.
Susanna Difranco, 53, of Anchorage, Alaska, was sentenced today by U.S. District Judge Timothy M. Burgess to a year in prison and six months in a halfway house.
According to Assistant U.S. Attorney Aunnie Steward, Difranco obtained financial information of an elderly woman who is a widow and has dementia, and used that information to get online access to the victim’s bank account and obtain a debit card on the victim’s bank account. Difranco also changed the address of the victim’s mail to her own so she would receive all of the victim’s mail. In so doing, Difranco was able to steal over $70,000 of the victim’s money in little over a month. When the bank questioned Difranco about the money she was withdrawing from the victim’s account, Difranco provided a notarized statement to the bank in which she lied and said she was keeping the money in a safe deposit box on behalf of the victim when, in fact, Difranco had spent all of the money on online shopping, paying her own credit card bill, and booking herself a trip to Las Vegas, among other things.
Judge Burgess said that as a teacher Ms. Difranco had done a lot of good, but that she also had a dark side that allowed her to take advantage of the victim in this case. Judge Burgess noted that, in addition to this case, Ms. Difranco did not have a good track record because the state had issued two protective orders against her from defrauding her elderly parents.
“The sentence reflects our commitment along with that of our state and local partners to protect vulnerable victims and pursue those that would prey on them,” said U.S. Attorney Loeffler.
“Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement in Anchorage and the surrounding area on this investigation,” said Seattle Division Inspector in Charge Anthony Galetti of the U.S. Postal Inspection Service. “We take crimes against the elderly and crimes committed by people in a position of trust very seriously and will continue to vigorously protect the U.S. Mail and customers against all forms of criminal attack and misuse.”
U.S. Attorney Karen L. Loeffler commends the United States Postal Inspection Service, and the Anchorage Police Department, with assistance from the Alaska Office of Elder Fraud and Assistance, for the investigation of this case.
29 December 2015
Wyoming Woman Sentenced to Prison for Theft from Healthcare Clinic and Non-ProfitRead the Press Release
Cheyenne – U.S. Attorney Christopher A. Crofts announced today that thirty-seven year old Sheridan, Wyoming, resident Alecia Rae Bolton was sentenced by Chief United States District Court Judge Nancy Freudenthal to serve fifty-one (51) months in prison for bank fraud and aggravated identity theft. In addition, Judge Freudenthal ordered Bolton to pay approximately $86,000 in restitution to the victims of her fraud.
These charges arose from Bolton’s theft of approximately $23,000 from the Sheridan chapter of Trout Unlimited and approximately $63,000 from her former employer Cedars Health Clinics between February 2014 and April 2015. Specifically, as the volunteer treasurer of the Little Big Horn Chapter of Trout Unlimited, Bolton wrote unauthorized checks from the group’s checking account to pay her personal expenses. To accomplish and conceal this fraud, Bolton forged the signatures of other Trout Unlimited officers on various checks. As an office employee and accounts receivable manager for Cedars Health Clinics, Bolton stole patient payments made to the clinic by depositing checks and transferring electronic payments into accounts she controlled. In addition to stealing patient payments, Defendant Bolton stole Cedars’ money by writing unauthorized checks from the clinic’s bank account. In doing so, Bolton forged the signature of another Cedars’ employee on the unauthorized checks.
This case was investigated by the Sheridan Police Department and the Federal Bureau of Investigation, and was prosecuted by Assistant U.S. Attorney Eric Heimann.
Waterloo Man Sentenced for Firearms PossessionRead the Press Release
A man who was found in possession of a handgun in relation to a shooting was sentenced today to more than four years in federal prison.
Dameon Harris, age 23, from Waterloo, Iowa, was convicted of being a felon and unlawful drug user in possession of a firearm. In a plea agreement, Harris admitted that on April 7, 2015, he was outside his girlfriend’s apartment complex when someone in a white vehicle drove by and shot at him. Defendant was, at the time, armed with a .22 caliber Mossberg firearm. Before the police arrived to investigate the shooting, Harris tried to hide his firearm in his girlfriend’s apartment. At the time Harris possessed the firearm, he was an unlawful user of marijuana. Harris had previously been convicted in 2013 of the felony offense of Aggravated Unlawful Use of a Weapon in Chicago, Illinois.
Harris was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Harris was sentenced to 57 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Harris is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-cr-2016-LRR.
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Universal Aryan Brotherhood Member Pleads Guilty to Racketeering ChargesRead the Press Release
WASHINGTON – A member of the Universal Aryan Brotherhood (UAB) prison gang pleaded guilty today in federal court to charges of conspiracy to conduct a racketeering enterprise, conspiracy to possess with intent to distribute methamphetamine and two charges of violence committed in aid of racketeering, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Danny C. Williams Sr. of the Northern District of Oklahoma.
Ronnie Dean Haskins, aka Dirty Red, 43, of Oklahoma, pleaded guilty before U.S. Magistrate Judge Frank H. McCarthy of the Northern District of Oklahoma.
In connection with his guilty plea, Haskins acknowledged his membership in or association with the UAB, a violent, “white only” prison-based gang with members and associates operating inside and outside of state prisons throughout Oklahoma.
As alleged in the indictment, Haskins conspired in racketeering activities to advance the UAB enterprise, including possessing and selling 500 grams or more of methamphetamine. Haskins also admitted that he orchestrated and participated in the kidnapping and maiming of a former UAB member who violated the UAB by-laws.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Tulsa, Oklahoma, Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Internal Revenue Service-Criminal Investigations Division; FBI; Tulsa County Sheriff’s Office and Oklahoma Department of Corrections investigated the case. Trial Attorney John C. Hanley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Allen Litchfield and Jan Reincke of the Northern District of Oklahoma are prosecuting the case.
Universal Aryan Brotherhood Member Pleads Guilty to Racketeering ChargesRead the Press Release
A member of the Universal Aryan Brotherhood (UAB) prison gang pleaded guilty today in federal court to charges of conspiracy to conduct a racketeering enterprise, conspiracy to possess with intent to distribute methamphetamine and two charges of violence committed in aid of racketeering, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Danny C. Williams Sr. of the Northern District of Oklahoma.
Ronnie Dean Haskins, aka Dirty Red, 43, of Oklahoma, pleaded guilty before U.S. Magistrate Judge Frank H. McCarthy of the Northern District of Oklahoma.
In connection with his guilty plea, Haskins acknowledged his membership in or association with the UAB, a violent, “whites only” prison-based gang with members and associates operating inside and outside of state prisons throughout Oklahoma.
As alleged in the indictment, Haskins conspired in racketeering activities to advance the UAB enterprise, including possessing and selling 500 grams or more of methamphetamine. Haskins also admitted that he orchestrated and participated in the kidnapping and maiming of a former UAB member who violated the UAB by-laws.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Tulsa, Oklahoma, Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Internal Revenue Service-Criminal Investigations Division; FBI; Tulsa County Sheriff’s Office and Oklahoma Department of Corrections investigated the case. Trial Attorney John C. Hanley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Allen Litchfield and Jan Reincke of the Northern District of Oklahoma are prosecuting the case.
Trumbull Man Sentenced to Prison for Role in Mortgage Fraud SchemeRead the Press Release
The United States Attorney for the District of Connecticut announced that MOHAMMED N. ISLAM, also known as “Tanveer,” 39, of Trumbull, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 14 months of imprisonment, followed by three years of supervised release, for participating in a mortgage fraud scheme that involved dozens of properties in Fairfield County.
According to court documents and statements made in court, between 2006 and 2013, ISLAM participated in a mortgage fraud conspiracy that involved the purchase of numerous single and multi-family properties, primarily in Bridgeport, Norwalk and Stamford. During the scheme, ISLAM and his co-conspirators provided materially false information to mortgage lenders, including false verifications of mortgage applicants’ income, false verifications of down payments for real estate transactions and false HUD-1 Forms.
ISLAM recruited and directed the actions of several “straw buyers,” or individuals who fraudulently applied for and obtained mortgage loans but did not have an actual financial investment or stake in the mortgage loan transactions. In fact, ISLAM was the intended owner of the property, managed the property and collected all of the rents from the property. Many of these properties ended up in foreclosure, or in short sale transactions.
Through this scheme, lenders suffered losses of more than $8 million.
ISLAM was ordered to pay restitution in the amount of $5,141,817.
On March 12, 2014, ISLAM pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud.
This investigation is being conducted by the Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of Inspector General. The criminal case was prosecuted by Assistant U.S. Attorneys Heather Cherry and Avi Perry, and the parallel civil forfeiture cases are being handled by Assistant U.S. Attorney Julie G. Turbert.
Springfield Woman Pleads Guilty to Stealing from Jail's Commissary AccountRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., woman pleaded guilty in federal court today to her role in a conspiracy that illegally diverted more than $266,000 from the commissary account at the Greene County Jail.
Terri Ann Moses, 47, of Springfield, pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to commit bank fraud.
In October 2011, the Greene County Sheriff’s Department discovered numerous unauthorized debits on its commissary account. A review of the commissary account records showed that there were 731 unauthorized transactions from March 2010 to October 2011 with an approximate loss of $266,423. These transactions were conducted by telephone and over the Internet.
Moses and co-defendant Michaela Sheree Ruble, also known as “Boo,” 33, of Springfield, recruited as many as 175 financially distressed persons by offering to pay their bills in exchange for a payment of 50 percent of each individual bill. Ruble and Moses then diverted funds from the jail’s commissary account to pay those bills.
The commissary account was set up to handle monies earned by Greene County Jail inmates as well as expenses incurred transporting and bonding inmates out of jail. When an inmate was released from the Greene County Jail, the inmate was given a check written from the commissary account for any remaining balance held on the inmate’s books at the time of his/her release. The physical check written against the commissary account included the account’s routing and account number. Ruble was housed in the Greene County Jail in 2011, during the time inmates received a physical check.
Moses admitted that she used the jail’s commissary account without authorization to pay her personal bills and conspired with others to pay bills for profit. The loss amount attributable to Moses is $47,372.
Co-defendants Christine Marie Ash, 46, and Tia Lee Marble, 34, both of Springfield, collected money and gave it to Ruble and Moses. Ruble and Moses paid the bills of Ash and Marble in exchange for their participation in the conspiracy.
Ruble, Ash and Marble have also pleaded guilty and have been sentenced. Ruble was sentenced to four years in federal prison without parole. Ash and Marble were each sentenced to a year and a day, and all three co-defendants were ordered to pay restitution. A sentencing hearing for Moses will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the U.S. Secret Service and the Greene County, Mo., Sheriff’s Department.
Return Preparer Pleads Guilty in Tax Fraud and Identity TheftRead the Press Release
El Dorado, AR – Kenny Elser, Acting United States Attorney for the Western District of Arkansas, Tamera D. Cantu, Acting Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Nashville Field Office, and Brian T. Marr, Special Agent in Charge of the Little Rock Field Office of the United States Secret Service announced that Gregory A. Taylor, 51, of Clanton, Alabama (formerly Crossett, Arkansas), pleaded guilty today to one count of Conspiracy to Defraud the United States with Respect to Claims. Mr. Taylor was one of eight defendants indicted on June 24, 2014 by a Federal Grand Jury as part of an investigation into a tax fraud and identity theft scheme in El Dorado and Crossett. The change of plea was accepted by the Honorable Susan O. Hickey in the U.S. District Court in El Dorado.
“The defendants who perpetrated this scheme systematically defrauded the government and the taxpaying public,” said Tamera D. Cantu, Acting Special Agent in Charge, IRS Criminal Investigation. “At the IRS, protecting taxpayer money is a matter we take very seriously. IRS Criminal Investigation will continue to vigorously pursue those who unjustly enrich themselves by preparing false claims for refunds.”
Additional defendants involved in this case who have pleaded guilty are as follows:
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Venus M. Ford, 34, pleaded guilty August 5, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims and one count of Aggravated Identity Theft.
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Shawn D. Carey, 35, pleaded guilty June 23, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims and one count of Aggravated Identity Theft.
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Whitney M. Charles, 26, pleaded guilty August 6, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims and one count of Aggravated Identity Theft.
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Sanjuana N. Aaron, 35, pleaded guilty August 26, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims and one count of Aggravated Identity Theft.
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Erica R. Browning, 36, pleaded guilty March 20, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims, one count of Aggravated Identity Theft, and one count of Theft of Public Money.
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Ecko Scott, 35, pleaded guilty August 5, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims, one count of Aggravated Identity Theft, and one count of Theft of Public Money.
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Clarrise R. Carey, 34, pleaded guilty August 3, 2015, to one count of Conspiracy to Defraud the United States with Respect to Claims and one count of Theft of Public Money.
Mr. Taylor’s plea agreement revealed that, beginning in January 2009 through December 2011, Mr. Taylor willingly and knowingly conspired with others to defraud the United States by obtaining or aiding to obtain the payment or allowance of false, fictitious, and fraudulent claims, in particular the filing of false fraudulent 2008, 2009, and 2010 U.S. Individual Income Tax Forms 1040 (tax returns) by unlawfully using the personal identifying information of others.
During 2011, IRS-CI, U.S. Secret Service, and the El Dorado Police Department obtained evidence that Mr. Taylor and his co-defendants were involved in a large identity theft and tax refund scheme to obtain fraudulent tax refunds using the personal identifying information, specifically names, social security numbers, and dates of birth, of numerous individuals to claim fraudulent tax from the state and federal government. The evidence revealed that Mr. Taylor, a return preparer in Crossett, Arkansas, was working with and/or assisting other defendants with the filing of fraudulent tax returns to obtain false refunds. As part of his plea agreement, Mr. Taylor admitted that as a result of the conspiracy, he and his co-conspirators fraudulently claimed refunds totaling $1,101,478.
The sentence for each defendant will be determined by the court after review of factors unique to this case, including the each defendant’s prior criminal record (if any), each defendant’s role in the offense, and the characteristics of the violations. In addition to prison time, each count carries a mandatory period of supervised release and maximum fine of $250,000.
The investigation was conducted by IRS Criminal Investigation, U.S. Secret Service, El Dorado Police Department, and the Crossett Police Department. Assistant United States Attorney Jonathan Ross prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
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Mesquite Man Pleads Guilty to Child Pornography ChargeRead the Press Release
LAS VEGAS, Nev. – A Mesquite, Nev. man who has a prior felony conviction for child molestation, pleaded guilty today to a child pornography charge for uploading images of child pornography onto the internet and possessing thousands of images and videos of child pornography, including child rape, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
“The private sector’s assistance in this case was extremely helpful to the identification and capture of this child predator,” said U.S. Attorney Bogden. “We encourage persons to report suspicious activity to law enforcement so that we can prosecute individuals who share disturbing images of children being raped and violently abused.”
Brian Michael Brewer, 37, pleaded guilty before Senior U.S. District Court Judge Howard D. McKibben to one count of receipt of child pornography. Brewer is scheduled to be sentenced on March 22, 2016, and faces 15 to 40 years in prison and lifetime supervised release.
According to the court records, in July 2015, an internet application business notified the National Center for Missing and Exploited Children (NCMEC) that one of their users with a Nevada internet address had uploaded images of suspected child pornography to their online bulletin board site, Padlet. NCMEC notified the Las Vegas Metropolitan Police Department, and a detective with the Internet Crimes Against Children Task Force (ICAC) began investigating the matter. It was determined that Brewer, a registered sex offender, was residing at the Mesquite address from where the pornography uploads were originating. Investigators executed a search warrant at the home on Sept. 23, 2015, and recovered a laptop computer and thumb drive from Brewer’s bedroom. A forensic investigation revealed that almost over 10,000 images and 288 videos of child pornography were stored on the laptop and thumb drive, including images and videos of prepubescent children who were being raped by adult men and which portrayed sadistic, masochistic, and violent conduct. Brewer has a prior felony conviction for child molestation in the state of Washington for sexually molesting a seven-year-old girl.
The case was investigated by the Las Vegas Metropolitan Police Department and Internet Crimes Against Children Task Force, and prosecuted by Special Assistant United States Attorney Allison L. Herr of the Nevada Attorney General’s Office.
The 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."
Jasper Pharmacist and a Pharmacy Technician Indicted for Conspiracy to Illegally Distribute Prescription DrugsRead the Press Release
BIRMINGHAM – A Jasper pharmacist and one of his pharmacy technicians turned themselves in to Federal Drug Enforcement Administration agents today on charges that they conspired to illegally distribute opioid painkillers and other controlled substances, announced U.S. Attorney Joyce White Vance and DEA Assistant Special Agent in Charge Clay A. Morris.
The charges are the result of a long-term investigation conducted in connection with DEA’s Operation Pilluted earlier this year in Alabama, Arkansas, Louisiana and Mississippi, which focused on reducing the trafficking and abuse of pharmaceuticals and brought about the prosecution of three Birmingham-area physicians for illegally distributing controlled substances.
A federal grand jury on Monday indicted pharmacist GEORGE RICHARD BOLLING JR., 54, and technician CASSANDRA TAYLOR HOLLIMAN, 44, of Fayette, on one count of conspiring, between January 2013 and March 2015, to illegally distribute and dispense prescription drugs including oxycodone, methadone, morphine sulfate, hydrocodone, ketamine HCL, zolpidem tartrate, alprazolam and clonazepam in Walker, Lamar, Winston and Fayette counties. Bolling owned five northwestern Alabama pharmacies that were implicated in the conspiracy: Berry Discount Apothecary in Berry, Bolling Apothecary in Fayette, Hospital Discount Apothecary in Vernon, Brown’s Discount Apothecary in Jasper, and Gateway Discount Apothecary in Double Springs.
“Alabama leads the nation in the number of per capita prescriptions for opioid painkillers,” Vance said. “Medically necessary use of painkillers is appropriate, but when a pharmacist violates his medical oath and becomes a drug dealer, preying on prescription drug addicts like any other trafficker in illegal drugs, he should expect the same sort of prosecution.
“Abusers of prescription opiates often shift to heroin abuse, and that trend contributes to our epidemic overdose death rates,” Vance said. “Pharmacists should not abuse the trust the community places in them by selling opiates illegally in order to make a profit,” she said.
“The abuse of prescription drugs is a serious problem in our communities,” Morris said. “All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our local law enforcement partners will continue to target those who unlawfully obtain and distribute these potentially dangerous drugs,” he said. “We hope that the arrests in this case serve as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause.”
Monday’s indictment also charges Bolling with two counts of illegally transferring oxycodone, an opioid painkiller, between pharmacies in Walker and Fayette counties, once on March 6, 2013, and once on July 21, 2013. It also charges him with directing a pharmacy employee to destroy evidence, and with 14 counts of using a telephone to facilitate the charged drug-trafficking conspiracy.
The indictment charges Holliman with aiding and abetting Bolling’s illegal transfer of oxycodone between pharmacies in July 2013.
In the course of the Bolling investigation, four other people associated with Bolling have been charged with narcotics offenses. JOSEPH ANTHONY “Stick” CACIOPPO, 52, of Jasper, co-owner of Brown’s Discount Apothecary, pleaded guilty to conspiring to distribute ketamine HCL, a surgical anesthetic. TERI JO TUCK, 53, also of Jasper and a nurse, pleaded guilty to conspiring to distribute ketamine HCL pursuant to fraudulent prescriptions. In addition, two pharmacists employed by Bolling – TERRY DUKE, 60, and his brother, RONNIE DUKE, 63, – were charged today and have entered agreements to plead guilty, Terry Duke to distributing prescription painkillers, and Ronnie Duke to knowingly omitting material information from controlled substance records.
The physicians prosecuted this year are Muhammad Wasim Ali, 51, of Vestavia Hills, who owned a pain clinic in Jasper, Ernest Albert Clayton, 72, who practiced medicine at a Midfield clinic, and Peter Alan Lodewick, 73, who was a physician at Lodewick Diabetes Center on Montclair Road. Ali and Clayton pleaded guilty to dispensing narcotic painkillers without a legitimate medical reason. Lodewick pleaded guilty to assisting someone else in acquiring oxycodone by “misrepresentation, fraud, forgery, deception and subterfuge.”
The maximum penalty for the conspiracy charge is 20 years in prison and a $1million fine. The charges for illegal transfer of narcotics carry a maximum penalty of four years in prison and a $250,000 fine. The maximum penalty for directing a witness to destroy evidence of a crime is 20 years in prison and a $250,000 fine. Each count of using a telephone to further a drug-trafficking crime carries a maximum penalty of four years in prison and a $250,000 fine.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Greenville Indiana woman charged in forged securities schemeRead the Press Release
Alleged to have stolen nearly $400,000 and deposited the money into her personal account
New Albany – United States Attorney Josh J. Minkler announced today that Cathy E. Rowan, 56, Greenville, Indiana, was charged with making, uttering and possessing forged securities following an investigation by the U.S. Secret Service and the New Albany Indiana Police Department.
“White collar crime is detrimental to our entire economy,” said Minkler. “Those who choose to steal from local businesses will be held accountable for their actions.”
The Information alleges that between January 1, 2011, and June 1, 2015, Cathy E. Rowan made, uttered, and possessed forged securities while working as a bookkeeper for Elite Heating and Air Conditioning Refrigeration, a New Albany, Indiana, based business. The Information alleges that Rowan falsely prepared 178 checks with an approximate value of $378,000 by making the checks payable to herself rather than using the checks to pay legitimate business expenses of Elite Heating and Air Conditioning Refrigeration. The Information further alleges that Rowan made false entries in Elite’s QuickBooks accounting software and deposited the falsely prepared checks into her personal bank account.
“This investigation and arrest demonstrates the ongoing relationship and cooperation with our task force partners in the New Albany Police Department,” said Craig Hutzell, Acting Special Agent-in-Charge of the Louisville Secret Service Field Office. “The US Secret Service will diligently pursue these embezzlement cases that affect our neighbors, their businesses and the community.”
According to Assistant U.S. Attorney Todd S. Shellenbarger, who is prosecuting the case for the government, Rowan faces a maximum of 10 years in prison and a $250,000 fine. Rowan had her initial appearance before a magistrate judge at 9 am this morning in New Albany federal court. She was released on her own recognizance and no future court date has been set.
An Information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Fort Dodge Man to Federal Prison for Firearm ConvictionRead the Press Release
A man who illegally possessed a firearm was sentenced December 22, 2015, to more than two years in federal prison.
Tayoune Herron, 35, from Fort Dodge, Iowa, received the prison term after an August 28, 2015, guilty plea to possession of a firearm by a felon. Herron was previously convicted of receiving stolen property and conspiracy, in the Court of Common Pleas of Bucks County, Pennsylvania, on or about July 18, 2001.
At the guilty plea, Herron admitted that from about May 2014 through about August 2014, he possessed a Hi-Point 9mm pistol. Herron admitted he had obtained the firearm from convicted felon William Rees. Rees had asked Jacob Jamison to purchase two Hi-Point 9mm handguns for him, as Rees was unable to purchase or possess firearms since he was a felon. Rees in turn gave one of those firearms to Herron.
Herron was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Herron was sentenced to 30 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Herron is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Webster County Sheriff’s Office, Pocahontas Police Department, Pocahontas Sheriff’s Office, and Calhoun County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-3025.
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Former WVSU basketball player sentenced to two years in Federal prison for heroin traffickingRead the Press Release
CHARLESTON, W.Va. – A former West Virginia State University basketball player who sold heroin near a dormitory was sentenced today in federal court in Charleston, West Virginia, to two years in federal prison followed by six years of supervised release, United States Attorney Booth Goodwin announced. Kendrick Leon Ward, 25, of Oak Park, Michigan, previously pleaded guilty in September of 2015 to distribution of heroin within 1,000 feet of school property.
On November 8 and 11, 2013, Ward sold heroin to a confidential informant on West Virginia State University property near the Dawson Hall dormitory. On November 12, 2013, task force officers executed a search warrant at Ward’s dormitory room in Dawson Hall. Officers seized approximately 20 grams of heroin, 100 thirty mg oxycodone pills, 100 thirty mg tramadol pills, and $21,265 in cash, which included the bills used in the controlled heroin transactions with the confidential informant.
This case was investigated by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Joshua Hanks handled the prosecution.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
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Former Springfield, Missouri, Man Pleads Guilty to Defacing Islamic Center and Burning the Qur'anRead the Press Release
U.S. Tammy Dickinson of the Western District of Missouri announced that a former Springfield, Missouri, man pleaded guilty in federal court today to violating the civil rights of others by leading a conspiracy to deface The Islamic Center of Springfield with graffiti and burn two copies of the Qur’an.
Adam David Smock, 23, of Edgewater, California, formerly of Springfield, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush of the Western District of Missouri to a federal information that charges him with participating in a conspiracy to oppress, threaten and intimidate worshippers at the Islamic Center of Springfield in the free exercise and enjoyment of their constitutional right to the free exercise of their religious beliefs.
The Islamic Center of Springfield provides services common to most religious establishments, including regular prayer service, a venue for individuals to pray on their own, community activities and a forum for charitable fund-raising.
Smock admitted that on Jan. 7, 2011, he and two other individuals (one of whom was a 14-year-old minor) spray-painted graffiti on the exterior walls of the Islamic Center of Springfield. The graffiti included explicit and offensive language in addition to such statements as “Bash Back,” “Now is our time!” and “You bash us in Pakistan we bash here.”
Smock also admitted that on April 10, 2011, he and the same two individuals partially burned two copies of the Qur’an, the Muslim holy book, and Smock left the burned Qur’ans directly in front of the main doors to the Islamic Center, approximately 30 feet away from the building, where a co-conspirator also left a computer-printed note that contained the image of a goat’s or ram’s head, and the following text:
“To: Sincere Followers of Allah,
“Today, we show the Muslim Nation that its oppressive religion won't go without a fight, not from soldiers, but from average citizens willing to fight for America – for there are three (sic) burned Qur'ans that lay spread in the driveway. For we grow tired of Anti-Zionism. The Islamification of Europe. Terroristic regimes. And worst of all, the membership of 1.5 billion Muslims that stain the earth. And we vow one thing: Islam will not survive.
“Death to Islam!”
Smock admitted that it was his idea to commit the acts and that he persuaded his co-conspirators to participate, and that he selected the Islamic Center of Springfield for vandalism because of the religious nature of the property in order to threaten and intimidate worshippers so as to hinder and interfere with the worshippers’ enjoyment of their constitutional right to the free exercise of religion.
The total cost of restoration and repair of the damage to the Islamic Center of Springfield, including sandblasting and applying anti-graffiti paint, is $15,662.
Under the terms of today’s plea agreement, a joint recommendation will be made to the court that Smock be incarcerated for 14 days, followed by a five-year term of supervised release; that Smock must pay $10,440 in restitution; and that Smock must perform 40 hours of community service. If the Islamic Center of Springfield, or an Islamic Center located near Smock’s residence, is willing to have him perform his community service on its premises, then that is the location where Smock should perform his community service. Smock will meet with and personally apologize to the leadership of the Islamic Center of Springfield for his crime. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Randall D. Eggert of the Western District of Missouri. It was investigated by the FBI and the Springfield Police Department.
Former Springfield Man Pleads Guilty to Defacing Islamic Center, Burning the Qur'anRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Springfield, Mo., man pleaded guilty in federal court today to violating the civil rights of others by leading a conspiracy to deface The Islamic Center of Springfield with graffiti and burn two copies of the Qur’an.
Adam David Smock, 23, of Edgewater, Calif., formerly of Springfield, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges him with participating in a conspiracy to oppress, threaten, and intimidate worshippers at the Islamic Center of Springfield in the free exercise and enjoyment of their Constitutional right to the free exercise of their religious beliefs.
The Islamic Center of Springfield, 2151 E. Division St., provides services common to most religious establishments, including regular prayer service, a venue for individuals to pray on their own, community activities and a forum for charitable fund-raising.
Smock admitted that on Jan. 7, 2011, he and two other individuals (one of whom was a 14-year-old minor) spray-painted graffiti on the exterior walls of the Islamic Center of Springfield. The graffiti included explicit and offensive language in addition to such statements as “Bash Back,” “Now is our time!” and “You bash us in Pakistan we bash here.”
Smock also admitted that on April 10, 2011, he and the same two individuals partially burned two copies of the Qur’an (the Muslim holy book) and transported the Qur’ans to the Islamic Center of Springfield. Smock left the burned Qur’ans directly in front of the main doors to the Islamic Center, approximately 30 feet away from the building. A co-conspirator left a computer-printed note on the mat in front of the main doors. The note contained the image of a goat’s or ram’s head, and the following text:
“To: Sincere Followers of Allah,
“Today, we show the Muslim Nation that its oppressive religion won't go without a fight, not from soldiers, but from average citizens willing to fight for America – for there are three (sic) burned Qur'ans that lay spread in the driveway. For we grow tired of Anti-Zionism. The Islamification of Europe. Terroristic regimes. And worst of all, the membership of 1.5 billion Muslims that stain the earth. And we vow one thing: Islam will not survive.
“Death to Islam!”
Smock admitted that it was his idea to commit the acts and that he persuaded his co-conspirators to participate. He also admitted that he selected the Islamic Center of Springfield for vandalism because of the religious nature of the property, in order to threaten and intimidate worshippers, so as to hinder and interfere with the worshippers’ enjoyment of their Constitutional right to the free exercise of religion.
The total cost of restoration and repair of the damage to the Islamic Center of Springfield, including sandblasting and applying anti-graffiti paint, is $15,662
Under the terms of today’s plea agreement, a joint recommendation will be made to the court that Smock be incarcerated for 14 days, followed by a five-year term of supervised release; that Smock must pay $10,440 in restitution; and the Smock must perform 40 hours of community service. If the Islamic Center of Springfield, or an Islamic Center located near Smock’s residence, is willing to have him perform his community service on its premises, then that is the location where Smock should perform his community service. Smock will meet with and personally apologize to the leadership of the Islamic Center of Springfield for his crime. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the FBI and the Springfield, Mo., Police Department.
Former Anamosa Correctional Officer Sentenced to PrisonRead the Press Release
A former Anamosa Penitentiary Correctional Officer who possessed firearms while he was an unlawful drug user was sentenced yesterday to 17 months in federal prison.
Ethan Darrow, age 29, from Anamosa, Iowa, received the prison term after a guilty plea to one count of being an unlawful drug user in possession of a firearm. In a plea agreement, Darrow admitted that while employed as a Correctional Officer at the Anamosa Penitentiary between 2012 and 2015, he was assigned tower guard duty from time to time. When serving tower guard duty, he was issued semi-automatic assault rifle. He served guard tower duty on more than fifty times during 2014. Darrow admitted that during 2014, he was a regular, unlawful user of marijuana and cocaine.
Darrow was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Darrow was sentenced to 17 months’ imprisonment and fined $5,000. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Darrow was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Anamosa State Penitentiary, the Iowa Department of Corrections, the Iowa Department of Criminal Investigations, and the Federal Bureau of Investigations. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-cr-90-LRR.
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Enid Tax Preparer to Serve Five Years’ Probation, Weekend Confinement, and Home Detention for Filing a False Tax ReturnRead the Press Release
Oklahoma City, Oklahoma – CESAR E. LEON, owner and operator of Cesar’s Tax Service in Enid, Oklahoma, has been sentenced for filing a false tax return, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
United States District Judge Stephen P. Friot sentenced Leon to serve five years of probation, to include 21 days of weekend confinement followed by nine months of home detention. In addition, Judge Friot ordered Leon to pay $168,481.45 in restitution to the IRS for unpaid taxes.
Leon was charged on January 12, 2015, with falsely reporting that he had $0.00 of taxable income on his 2009 tax return. He pled guilty on January 22, 2015. As part of his plea, Leon agreed to pay restitution to the IRS for all unpaid taxes he owed for the 2008, 2009, 2010, 2011, and 2012 calendar years, which totaled $168,481.45.
This case is the result of an investigation by the IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Julia E. Barry.
Dean Brothers’ Appeals Denied, Convictions for Robbery, Carjacking, and Weapons Offenses UpheldRead the Press Release
Today, the Eighth Circuit Court of Appeals upheld the convictions and sentences of Jamal and Levon Dean Jr. Previously, Jamal Dean, 23, of Sioux City, was sentenced to life imprisonment for conspiracy, felon in possession of a firearm, carjacking, robbery, and brandishing a gun in furtherance of a violent crime. Levon Dean Jr., 25, of Sioux City, was sentenced to 400 months imprisonment for conspiracy, felon in possession of a firearm, robbery and possessing a gun in furtherance of a violent crime.
In its opinion, the court rejected the Deans’ numerous arguments for a new trial and resentencing in their entirety. The opinion of the court can be found at http://media.ca8.uscourts.gov/opndir/15/12/151263P.pdf.
“The arrest, conviction and sentencing of Jamal and Levon Dean, and now the Eighth Circuit Court of Appeal ruling affirming their sentences and convictions are the result of law enforcement partners at the federal, state and local levels working together to help make Woodbury County and the surrounding region safer for everyone. Assistant United States Attorney Forde Fairchild did an outstanding job of prosecuting this case and handling the appeal. " said U.S. Attorney for the Northern District of Iowa Kevin W. Techau.
The case was prosecuted by Assistant United States Attorney Forde O. Fairchild and was investigated by the Sioux City Police Department, the South Sioux City Police Department, the Woodbury County, Iowa Sheriff Office the Dakota County, Nebraska Sheriff’s Office, The Woodbury County, Iowa Attorney’s Office, the United States Marshal’s Service, the Iowa Department of Public Safety, the Texas Department of Public Safety, the Iowa Department of Motor Vehicles, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-4082.
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Courtnee Brantley Ordered to Begin Prison Sentence for Misprision of Felony ConvictionRead the Press Release
Tampa, Florida - U.S. District Judge James S. Moody, Jr. today ordered Courtnee Brantley to surrender to the custody of the United States Marshal or to the institution designated by the Bureau of Prisons on January 4, 2016 to begin serving the 12 months and one day sentence imposed in June 2013. The Court’s Order follows the December 17, 2015 affirmance of Brantley’s conviction and sentence for misprision of felony by the Eleventh Circuit Court of Appeals, after a lengthy appeals process.
Brantley was found guilty of the crime by a federal jury on January 16, 2013, following a second trial in the case. The first trial resulted in a hung jury.
Brantley's charge and conviction resulted from her actions following the murders of Tampa Police Officers David Curtis and Jeffrey Kocab on June 29, 2010 by Dontae Morris. Brantley was operating a vehicle without a tag, resulting in Officer Curtis stopping the vehicle and the ensuing fatal encounter. The evidence at the trial revealed that Brantley left the scene of the shooting and concealed her vehicle. Brantley further communicated with Morris following the murders.
This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, the Hillsborough County Sheriff's Office, the Florida Department of Law Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and other federal and local law enforcement agencies. It was prosecuted by Assistant United States Attorney James C. Preston, Jr. The appeal was handled by Assistant United States Attorney David Rhodes, Chief of the Appellate Division, and Assistant United States Attorney Yvette Rhodes.
Blue Springs Man Pleads Guilty to Armed Robbery ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Blue Springs, Mo., man pleaded guilty in federal court today to his role in a conspiracy to commit several armed robberies at restaurants in the metropolitan area.
Isiah G. Etienne, 20, of Blue Springs, pleaded guilty before U.S. District Judge Beth Phillips to participating in the robbery conspiracy, to committing robbery and to using a firearm in a crime of violence while aiding and abetting another person.
Co-defendants Jeremy Hunter, also known as “Heat,” 25, and Renargo L. Martin, 46, both of Kansas City, Mo., and Mikah M. Labayen, 20, of Blue Springs, have also pleaded guilty to their roles in the conspiracy and to related charges.
By pleading guilty today, Etienne admitted that he participated in a conspiracy to rob several fast food restaurants in the Kansas City area in the fall of 2014. Etienne and Labayen were employed at a Chipotle restaurant in Blue Springs. Using their knowledge of procedures commonly used by such establishments, conspirators would wait until the end of a business day, and then rob restaurants by waiting until an employee opened a door to take trash out of the premises. They rushed the door to gain access, and then forced the manager or shift supervisor to give them access to the restaurant’s safe. Conspirators threatened restaurant employees with an assault rifle in order to force their cooperation.
Etienne admitted that he robbed a Chipotle restaurant in Lee’s Summit, Mo., on Nov. 3, 2014, taking $1,600; a Burger King restaurant in Independence, Mo., on Nov. 10, 2014, taking $914 and again on Nov. 30, 2014, taking $565; and a Chipotle restaurant in Blue Springs on Nov. 16, 2014, taking $6,800.
Following these robberies, Etienne and Labayen were captured after an attempted robbery of a motel.
Hunter admitted that he participated in one of the robberies, and loaned his assault rifle to co-conspirators to use in several other robberies in exchange for part of the proceeds. Martin admitted that he drove Hunter to the Blue Springs Chipotle on Nov. 16, 2014. Hunter and Martin were given access to that restaurant’s back door by Labayen, an employee of the restaurant. Armed with his assault rifle, Hunter forced the restaurant employees to the ground as he kicked the door into the manager’s office. Once in the manager’s office, Hunter ordered the supervisor to open the safe and put all the money into a green duffle bag.
Under the terms of today’s plea agreement, Etienne is subject to a sentence of 10 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Edwards. It was investigated by the Kansas City, Mo., Police Department, the Lee’s Summit, Mo., Police Department, the Blue Springs, Mo., Police Department and the FBI.
10 Defendants Indicted in Heroin Trafficking RingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-The U.S. Attorney’s Office announced today that a federal grand jury has returned an indictment charging 10 people with operating a heroin trafficking ring on the West Side of Buffalo. The defendants are charged with conspiracy to possess with intent to distribute, and distribution of, heroin. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40, and a $5,000,000 fine.Charged in the indictment are:
• Hector Carattini
• Michael Perez
• Juan Oliverias-Arbelo
• Mark Gonzelez
• Adalberto Cruz
• Maikel Gonzelez
• Alberto Fernandez
• Raymond DeJesus
• Hector Huertas
• Kristie BoncoreAssistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between the fall of 2013 and September 28, 2015, the defendants conspired to distribute heroin on the West Side of Buffalo. The investigation utilized court ordered wiretaps as well as undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
The 10 defendants charged today were street-level distributors or “runners” in a heroin trafficking ring operated by Daniel Molina-Rios who was arrested in June 2015 along with Orlando Rios, Luis Montanez, and Jose Andujar. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
28 December 2015
Waterloo Man Sentenced for Possessing Ammunition as a Marijuana UserRead the Press Release
A Waterloo man who possessed ammunition as a marijuana user was sentenced today to more than two years in federal prison.
Marshondus Trenedale Brown, 23, from Waterloo, Iowa, received the prison term after a September 28, 2015, guilty plea to being a marijuana user in possession of ammunition.
In a plea agreement, Brown admitted he walked into a convenience store in Waterloo on April 17, 2015 carrying a .45 caliber firearm loaded with .45 Remington ammunition. During a fight that began in the convenience store between two groups of individuals, Brown discharged his firearm in the direction of a SUV into which members of the other group had fled. Five bullets lodged in the rear bumper or back hatch door of the SUV.
Brown was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Brown was sentenced to 27 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-CR-2033-LRR.
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U.S. Attorney's Office Settles ADA Case with Connecticut Department on AgingRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement with Connecticut’s State Department on Aging to ensure equal access for individuals with disabilities, pursuant to the Americans with Disabilities Act (“ADA”).
The agreement resolves an ADA complaint filed by an individual who is deaf, alleging that the State Department on Aging failed to provide effective communication during certain programs and meetings by failing to make available sign language interpreters or appropriate auxiliary aids. The State Department on Aging is working cooperatively with the Department of Justice to develop and amend its policies and practices to ensure compliance with the ADA and the Department of Justice’s implementing regulations.
“Individuals who have disabilities must not be denied equal access to the services offered by the State of Connecticut due to their disability,” said U.S. Attorney Daly. “The State Department on Aging has fully cooperated with our investigation, which confirms the Agency’s commitment to ensure equal access to its program and services for all customers including those with disabilities. We commend the Department for voluntarily agreeing to enter this settlement agreement and ensuring effective communication with persons who are deaf or hard of hearing.”
The ADA requires “public entities,” including state and municipal agencies, to ensure effective communication with qualified individuals with disabilities. Under this agreement, a person who is deaf or hard of hearing will be able to benefit from the same services as every other person. For individuals who are deaf or hard of hearing, auxiliary aids include qualified sign language or oral interpreters, use of relay services, computer-assisted real time transcription, and, for simple communications, the exchange of written notes.
The settlement agreement requires the State Department on Aging to develop and amend its policies, practices and training to ensure interpreter services are provided to individuals who are deaf or hard of hearing. Specifically, it requires the Department to:
- Ensure its policies and practices are nondiscriminatory, and provide effective communication for people with communication disabilities, including the provision of sign language interpreters
- Post a notice of the policy in public areas
- Train staff on the policies
- Ensure that appropriate auxiliary aids and services, including qualified interpreters, and specifically tactile interpreters, are made available to all individuals who are deaf or hard of hearing
Individuals who believe that they may have been victims of discrimination can file a complaint with the U.S. Attorney’s Office at 203-821-3700, or by visiting www.ada.gov. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Additional information about the ADA can be found at www.ada.gov, or by calling the Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).
This matter was handled by Assistant U.S. Attorney Ndidi N. Moses with the assistance of the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Statement regarding Tamir RiceRead the Press Release
“The Civil Rights Division of the Department of Justice, the United States Attorney's Office and the Federal Bureau of Investigation have been monitoring the investigation that has been conducted regarding the death of Tamir Rice on Nov. 22, 2014. We will continue our independent review of this matter, assess all available materials and determine what actions are appropriate, given the strict burdens and requirements imposed by applicable federal civil rights laws.
“Additionally, the Department of Justice continues in its efforts to pursue ongoing and comprehensive reform pursuant to the consent decree in the federal, civil pattern and practice case filed before Chief Judge Solomon Oliver in the United States District Court for the Northern District of Ohio.”
Sioux Falls Man Found Not Guilty of Drug ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that Todd Allen Johnson, age 51, of Sioux Falls, South Dakota, was found not guilty of possession with intent to distribute methamphetamine as a result of a federal jury trial in Sioux Falls.
Johnson was indicted by a federal grand jury on December 2, 2014, of possession with intent to distribute 50 grams or more of methamphetamine.
This case was investigated by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration.
Rockford Resident Sentenced to More Than 19 Years in Federal Prison for Possessing A Gun as A Convicted FelonRead the Press Release
ROCKFORD — A Rockford resident was sentenced today in federal court on a federal gun charge. The defendant, MARTEZ DICKSON, 29, was sentenced by U.S. District Judge Philip G. Reinhard to a total of 235 months in federal prison, and ordered to serve 5 years of supervised release following his term of imprisonment. On Sept. 15, 2015, following a two-day trial before U.S. District Judge Philip G. Reinhard, Dickson was found guilty by a federal jury of illegally possessing a firearm as a convicted felon.
According to the indictment and evidence at trial, on May 31, 2014, Rockford Police Officers were called to the McDonald’s on 11th Street after Dickson was discovered asleep in the driver’s seat of a car parked in the drive-thru lane. When officers arrived on the scene, Dickson was found in possession of a loaded 9 mm handgun, after previously having been convicted of a felony.
Dickson was originally charged in state court and was transferred to federal court where he was charged under tough federal firearms laws as part of the Project Safe Neighborhoods program. Project Safe Neighborhoods is an intensive, cooperative effort between local, state, and federal law enforcement to attack gun crimes. The cornerstone of the program is that every defendant committing an offense involving a gun will be reviewed for possible federal prosecution in order to obtain the harshest penalties for the worst offenders. Additional information about Project Safe Neighborhoods may be found at: www.psn.gov.
The sentencing was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Jeffery Magee, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; Joseph Bruscato, Winnebago County State’s Attorney; and Patrick Hoey, Interim Chief of the Rockford Police Department. The government was represented by Assistants U.S. Attorney Talia Bucci and Margaret J. Schneider.
Notice to Potential Victims Concerning Manipulation of Medical Authorizations for Actonel® and Atelvia®Read the Press Release
BOSTON - Pharmaceutical company WARNER CHILCOTT has agreed to plead guilty to health care fraud and pay $125 million to resolve criminal and civil liability arising from the illegal promotion of various drugs. A portion of the illegal conduct related to the manipulation of “prior authorizations” for the osteoporosis medications Actonel® and Atelvia®. A prior authorization is a medical form that some insurance companies require when a physician prescribes a drug that the insurance company does not ordinarily cover. A prior authorization generally contains a medical justification for the prescription of the drug. In some instances, WARNER CHILCOTT sales representatives falsified prior authorizations for Actonel® and Atelvia®, using false medical justifications, so that insurance companies would pay for these drugs.
Insurance companies who paid for Actonel® and/or Atelvia®, or individuals who paid co-payments for these drugs, based on manipulated prior authorizations between June 2010 and February 2012, may be eligible for restitution. For information on submitting a victim restitution claim, please visit the U.S. Attorney’s Office website http://www.justice.gov/usao-ma/united-states-v-warner-chilcott-sales-us-llc to access the link for the Warner Chilcott case. Potentially affected individuals/companies have until March 31, 2016 to submit the restitution claim form.
Non-Native Man from Farmington Pleads Guilty to Assaulting Navajo WomanRead the Press Release
ALBUQUERQUE – John Gabriel Fierro, 26, a non-Native man who resides in Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge.
Fierro was arrested in Oct. 2015, on a criminal complaint charging him with assaulting an Indian woman and causing her serious bodily injury. He subsequently was indicted on the same charge in Nov. 2015. According to court filings, Fierro assaulted his girlfriend, a Navajo woman, in the early hours of Sept. 4, 2015, by kicking her and hitting her in the head. The victim suffered serious injuries which required that she be hospitalized for treatment.
During today’s change of plea hearing, Fierro plead guilty to the indictment and admitted forcibly striking his girlfriend about the face, head and body with his hands and feet.Fierro acknowledged that the victim, a Navajo woman, was hospitalized to receive treatment for the multiple injuries she sustained as a result of the assault.The victim’s injuries included multiple rib fractures, a mild left pneumothorax associated with the rib fractures and multiple fractures to her thoracic vertebrae.Fierro further admitted that he committed the assault near the Navajo Agricultural Products Incorporated (NAPI), which is within the Navajo Indian Reservation.
Under the terms of the plea agreement, Fierro will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court. He also will be required to pay restitution to the victim. Fierro remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Navajo Man from Arizona Pleads Guilty to Federal Assault Charge in New MexicoRead the Press Release
ALBUQUERQUE – Brandon Lee Walker, 21, an enrolled member of the Navajo Nation who resides in Sanders, Ariz., pleaded guilty last week in federal court in Albuquerque, N.M., to an assault charge.
Walker was arrested on July 22, 2015, on a criminal complaint charging him with assault resulting in serious bodily injury in Indian Country. Court documents indicate that on June 7, 2015, Walker was involved in a high speed car chase that resulted in a crash that seriously injured a female passenger in Walker’s vehicle. The victim had to be airlifted from the crash scene to University of New Mexico Hospital for injuries to her sternum and arm, and required surgery to place a plate over her sternum to stabilize her chest movement.
Walker was subsequently indicted on Aug. 11, 2015, and charged with assault resulting in serious bodily injury on June 7, 2015, in Indian Country in McKinley County, N.M. During a change of plea hearing on Dec. 22, 2015, Walker pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Walker faces a maximum penalty of ten years in federal prison. Walker remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Crownpoint office of the Navajo Nation Department of Public Safety, the Zuni Tribal Police Department, the McKinley County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Elaine Ramirez is prosecuting the case.
Kentucky Man Sentenced to 20 Years in Prison for Traveling for Illicit Sex with a MinorRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kentucky man was sentenced in federal court today for traveling to Missouri for illicit sex with a 15-year-old girl and to attempting to entice a second child victim for sex.
Marvin D. Herren, 53, of Owensboro, Ken., was sentenced by U.S. Chief District Judge Greg Kays to 20 years in federal prison without parole. The court also sentenced Herren to a lifetime of supervised release following incarceration.
On Aug. 11, 2015, Herren pleaded guilty to traveling with the intent to engage in illicit sex with a minor and to attempting to use the Internet to entice a minor to engage in illegal sexual activity. Herren admitted that he traveled from Kentucky to Missouri in March 2014 to meet a 15-year-old girl (identified in court documents as “Jane Doe”) to engage in illicit sexual conduct.
Herren initially contacted the child victim through social media on March 1, 2014. After a few days of communicating through social media, Herren began asking her questions of a sexual nature and they exchanged nude photos of themselves. On March 6, 2014, Herren sent an instant message to inform her that he was coming to see her in order to engage in illicit sex. Herren drove from Kentucky to Missouri and met Jane Doe and her friend at a restaurant near her high school. He drove them back to the high school, at which time her friend left them. Herren parked near the high school and he and Jane Doe engaged in illicit sexual activity in the back seat of his car.
Herren returned to Kentucky; although he did not see Jane Doe again, he continued for a short time to contact her by instant messaging. Herren discussed her possible pregnancy and told the 15-year-old Jane Doe that they were “now married in God’s eyes.”
Investigators searched Herren’s computer and discovered a search query for runaway laws in Missouri, statutes of limitations on statutory rape in Missouri, a pregnancy calculator and a document containing the ages of consent by state and whether a parent can press charges for such offenses.
In May 2014, during the investigation of the allegations by Jane Doe, an FBI special agent assumed an undercover identity on Facebook of a female named “Jenny.” Although Herren was aware of the federal investigation related to Jane Doe, he began communicating with the undercover agent. The two began a Facebook conversation in which “Jenny” told Herren she was in the ninth grade and also gave her e-mail address. The two began chatting via e-mail frequently. On Jan. 8, 2015, Herren asked “Jenny” how old she was and she stated that she was 14 years old and would turn 15 years old in February. This was the first of several conversations with “Jenny” which were explicitly sexual in nature. Herren sent “Jenny” a video of two adults engaging in sexual intercourse and initiated conversations about visiting “Jenny” and have sex with her. On Jan. 12, 2015, Herren e-mailed a nude photo of himself.
After learning that “Jenny” had argued with her mother and wanted to leave home, Herren told “Jenny” he was going to travel to Kansas City and bring her back to Kentucky with him. Despite previously being investigated for having traveled to Missouri to have sexual intercourse with a minor, Herren made the decision to return to Missouri for the same illicit purposes. This time, however, Herren’s desire was not just to engage in a few-minutes-long sexual encounter in the back seat of his car. Rather, he had the more insidious plan to bring a child back to his home in Kentucky for at least a week-long stay.
Herren made arrangements to meet “Jenny” at a Kansas City, Mo., restaurant. When he arrived at approximately midnight on Jan. 23, 2015, he was placed under arrest.
According to court documents, Herren admitted to federal agents that he received and distributed images of child pornography over the Internet, including images of children as young as two years old. A forensic analysis of Herren’s cell phone and computer was conducted. Herren’s Internet chat room history indicated that he had discussed meeting minor females for sex, had sent nude photos or webcam shots to minors and had told others he had sex with a 13-year-old when he was 22 years old.
This case was prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the St. Joseph, Mo., Police Department and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Goodwin steps down as United States AttorneyRead the Press Release
CHARLESTON, W.Va. - United States Attorney Booth Goodwin announced today that he is stepping down from office effective at the end of the year and returning to private law practice. Goodwin has been a federal prosecutor in the United States Attorney’s office since January 2001 and has served as the presidentially appointed head of the office since May 2010. As a federal prosecutor, Goodwin personally secured convictions in virtually every type of case that his office handles, many of them matters of regional and national significance.
“It has been the greatest honor of my life to serve as United States Attorney for the Southern District of West Virginia,” Goodwin said. “The unparalleled success of this office during my tenure is a tribute to and a result of the extraordinary dedication of the lawyers, staff and law enforcement personnel with whom I have been privileged to serve,” Goodwin continued. “Their commitment to the safety and security of this nation and West Virginia has been and will continue to be an inspiration.”
Upon becoming United States Attorney, Goodwin focused on tackling West Virginia’s prescription drug and heroin crisis, holding corporate criminals accountable for putting workers at risk and polluting our water sources, prosecuting corrupt public officials, helping communities rebuild from the ravages of drugs and violence, and protecting children and the elderly.
During Goodwin’s tenure, his office has prosecuted hundreds of pill and heroin dealers, shuttered pill mills, and convicted doctors and pharmacists who dishonored their professions by promoting the opiate abuse scourge. But Goodwin also recognized early on that we cannot simply arrest and prosecute our way out of the prescription drug crisis. Goodwin organized and co-hosted with Governor Tomblin West Virginia’s first Summit on Prescription Drug Abuse in February 2011. The Summit laid out a plan to tackle the crisis through not just law enforcement, but also education and effective drug monitoring and prescribing practices, along with the expansion of treatment and recovery options. Goodwin has also worked with other United States Attorneys on a regional and national level to address the opiate crisis. Goodwin also has advanced a number of other initiatives aimed at tackling opiate abuse and its effects, including the “Law Enforcement Assisted Diversion” or “L.E.A.D.” program; expansion of access to the overdose reversing drug Naloxone; the development and launch of “The Call WV” smartphone app and the “makethecallwv.com” website, both designed to connect people struggling with addiction to resources and assistance; and public service announcements designed to promote resources available to those struggling with addiction and to raise awareness of the issue.
Within days after Massey Energy’s Upper Big Branch (UBB) mine exploded on April 5, 2010, Goodwin launched a criminal investigation into the disaster. Drawing on the investigative resources of the Federal Bureau of Investigation and the U.S. Department of Labor, Goodwin’s team conducted an investigation that resulted in the conviction of five individuals, including the security chief at UBB, a mine superintendent at UBB, the president of a Massey mining group, and the former Chairman and CEO of Massey Energy - the highest-ranking executive ever convicted of a workplace safety crime. The investigation also resulted in a $220 million agreement with the company that took over Massey Energy after the disaster. That agreement required the company to fund an unprecedented $48 million mine safety and health research trust, invest $90 million in upgrading safety across all its operations, pay off all of Massey’s more than $31 million in outstanding mine safety fines, and provide a minimum of $1.5 million in restitution for each of the victims of the UBB disaster.
Following the January 2014 release of MCHM into the Elk River in Charleston, which contaminated the drinking water of more than 300,000 West Virginians, Goodwin led an investigation of those responsible for the spill. That investigation led to criminal convictions of Freedom Industries and six of its officials, including former Freedom presidents Gary Southern and Dennis Farrell. The incident marks one of the largest episodes of drinking water contamination in American history, and the convictions are among most significant ever for contamination of the public water supply.
During his tenure as a federal prosecutor, Goodwin tackled corruption throughout southern West Virginia. He headed probes leading to a host of convictions of corrupt public and business officials, including major investigations in Logan, Lincoln and Mingo counties. In recognition of his work in the Logan County probe, Goodwin was honored with a United States Department of Justice Director’s Award.
Goodwin partnered with police and community members to launch successful drug market intervention initiatives in the Fairfield area of Huntington and on the west side of Charleston. The efforts of all involved resulted in a substantial decrease in crime and increase in community quality of life. For example, in Huntington, with the assistance of the West Virginia National Guard and the West Virginia Department of Highways, 59 dilapidated structures that provided havens for drug activity were demolished. And as a result of one of the office’s prosecutions, a neighborhood convenience store that was a magnet for criminal activity in the Fairfield neighborhood was also demolished. The property is now in the hands of the city of Huntington and was repurposed for the benefit of the community.
Goodwin has also worked hard to protect our most vulnerable. He and his office prosecuted dozens of criminals who exploited children and the elderly. For example, Goodwin prosecuted and convicted the “Target Child Molester,” an individual who traveled from his home near Louisville, Kentucky, to the Target store in South Charleston to sexually assault a little girl. This criminal was found guilty of possessing child pornography and crossing a state line with the intent to engage in a sex act with a person under 12 years of age. He was sentenced to serve 25 years in federal prison and the rest of his life on supervised release. The sentence of lifetime supervised release was among the first of its kind in the country.
Recognizing that preventing crime - especially in our most vulnerable populations - is just as important as prosecuting it, Goodwin has frequently spoken at senior centers and conferences throughout the state to warn seniors about avoiding scams and guarding against crimes that stem from the opiate epidemic.
The horrific murders at Sandy Hook Elementary in Newtown, Connecticut, in December 2012, were a national tragedy and an urgent call to action on the issue of school safety. After Sandy Hook, Goodwin organized a statewide Summit on West Virginia Safe Schools here in Charleston. Interest in the Summit was overwhelming, and Goodwin worked with participants to create an agenda for keeping our state’s schools safe. That agenda lays out 10 practical steps aimed at preventing and preparing for school violence. The agenda and more information can be found at www.wvsafeschools.org.
Even before Sandy Hook, Goodwin devoted time to visiting schools in his district to talk about bullying, Internet safety, and the dangers of prescription drug abuse. Joined by partners like U.S. Marshal John Foster, Adjutant General James Hoyer, and retired Charleston Police Lieutenant Chad Napier, Goodwin visited and presented at almost 40 schools.
Goodwin has also partnered with his colleague, U.S. Attorney Bill Ihlenfeld, to name four classes of Ambassadors for Justice, who are high school juniors from nearly every high school in West Virginia. These Ambassadors are exceptional young men and women who stand up to peer pressure and intervene if a classmate is making a destructive decision.
At the center of Goodwin’s efforts to make schools and students safer is the Handle with Care project. Under Handle with Care, police identify children who come into contact with a law enforcement operation - such as a domestic violence incident or drug raid - or who are themselves victims of abuse or neglect, and forward that information to the child’s school before the child arrives the next day. Armed with that information, the school can be ready to handle that child with care and intervene as necessary. This past March, Goodwin was joined by Governor Tomblin and Colonel Jay Smithers of the West Virginia State Police (WVSP) to announce the formation of the West Virginia Center for Children’s Justice under the WVSP. Since then, Goodwin has worked with the Center to expand Handle With Care across the state. In cooperation with the West Virginia Department of Education’s Project Aware grant, mental health care for our most vulnerable kids is being expanded. The goal is to have on-site mental health care at every school implementing Handle With Care across the state. More information on the project is available at www.handlewithcarewv.org.
Gary Wayne Smallman Sentenced to Serve Six Years in Prison for Being A Felon in Possession of A FirearmRead the Press Release
GREENEVILLE, Tenn. - On Dec. 21, 2015, Gary Wayne Smallman, 44, of Johnson City, Tenn., was sentenced to serve six years in prison, followed by a three-year term of supervised release with special conditions of release, by the Honorable J. Ronnie Greer, U.S. District Judge. During the sentencing hearing Judge Greer noted Smallman's violent criminal history and high risk of recidivism and the need to promote respect for the law as bases for the 72-month prison term.
Smallman pleaded guilty in August 2015 to a federal grand jury indictment charging him with being a felon in possession of a firearm. He has been in federal custody since his arrest in June 2015.
The indictment and subsequent conviction of Smallman was the result of an investigation conducted by the Washington County Sheriff's Office. Assistant U.S. Attorney Helen Smith represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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Former Beaumont ISD Assistant Superintendent Guilty of Federal ChargesRead the Press Release
BEAUMONT, Texas – A former Beaumont Independent School District (BISD) Assistant Superintendent pleaded guilty today to federal charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Patricia Adams Lambert, 61, of Beaumont, pleaded guilty to theft concerning programs receiving federal funds and conspiracy to submit false statements concerning standardized test scores today before U.S. District Judge Thad Heartfield.
According to information presented in court, Lambert was hired by BISD on June 13, 2002, as a teacher, and on Aug. 28, 2002, she was promoted to Assistant Principal at Vincent Middle School. On July 15, 2004, Lambert was promoted to Principal and assigned to French Middle School, and on July 1, 2006, she was assigned to Central Medical Magnet High School (“CMMHS” or “Central”) as Principal. As Principal of Central, Lambert was responsible for oversight of the campus; managing personnel; ensuring proper reporting of grades, testing, and attendance to BISD administration; and financial oversight for certain aspects of the campus. On May 17, 2012, Lambert was promoted to Assistant Superintendent.
States are mandated by the No Child Left Behind Act (NCLBA) of 2001 to implement academic assessment tests in order to receive federal funding under the NCLBA. The NCLBA requires the Texas Education Agency to develop, implement, and regulate the student assessment tests. In Texas, public school students are required to take end-of-year assessment tests at particular grade levels. Students must pass these tests in order to move on to the next grade level or graduate. The Texas Education Agency (TEA) requires that campus principals and test administrators sign “Oaths of Test Security and Test Confidentiality,” ensuring full compliance concerning test security and confidentiality. Through words and actions, Lambert created a culture at CMMHS among the faculty and staff where cheating on standardized tests was accepted. Lambert, either directly or indirectly, encouraged teachers and staff to manipulate students’ standardized test scores or had knowledge that cheating occurred. Despite the fact that she knew that cheating was occurring on standardized tests, she signed and submitted Oaths of Test Security, including one in January of 2010, as alleged in the indictment, where she falsely affirmed all the requirements governing standardized test security were met. The government could prove, through first-hand witnesses, that teachers would aggregate large numbers of tests and then erase and change incorrect answers to correct answers after students turned their tests; teachers would give students answers while they were taking the tests; and that test manipulation occurred on a regular basis from 2007-2012. The Texas Education Agency (TEA) is mandated by the US Department of Education to administer and regulate standardized testing, including maintaining test security. As part of its test security measures, TEA requires that teachers abide by all test security regulations and sign Oaths of Test Security. These test scores are then communicated to the US Department of Education, who relies on the scores, among other metrics, in determining the appropriate disbursement of federal education funds. The falsified oaths were capable of misleading TEA or the US Department of Education.
In October 2007, Lambert took over control of the CMMHS “All Sports” Booster Club from the parent/volunteers who previously ran the Booster Club. From that point forward, Lambert had access to Booster Club funds by way of the Booster Club checking account. From 2007 until 2013 Lambert made purchases of personal items, not related to school activities, by using Booster Club checks and the Booster Club debit card. During this same time period, Lambert wrote and signed Booster Club checks fraudulently made out to herself, her relatives, and “cash,” and deposited those checks into her own personal bank account, knowing she lacked the proper authority to do so.
In addition, during the relevant time period in the indictment, Lambert also had access to the CMMHS Student Activity funds account. From 2007 through 2013 Lambert purchased items, some of which were for her personal use or the use of her family members, and other items not related to school activities, by writing checks on the CMMHS Student Activity funds checking account. During this same time period, Lambert wrote and signed Student Activity fund checks fraudulently made out to herself, and others and deposited those checks into her own personal bank account, or those of her relatives, knowing full well that she had no authority to do so.
Additionally, from 2007 through 2013, Lambert employed her son, Brian Collins, as the primary “printer” for various items including, but not limited, to pamphlets, flyers, banners, football programs, graduation programs, and instructional materials, and helped secure his payment for these items from Booster Club, Student Activity fund, and the BISD general fund, knowing full well that Collins, rather than doing any actual printing work, was securing the services of an actual printing business, and marking up the price for that work anywhere from 25%-215%.
During the years Lambert was principal at CMMHS, the school generated significant amounts of cash through various means. For example, when students were found with cell phones on campus or lost their student ID cards, they were required to pay a monetary penalty, usually approximately $10. Lambert also established an on-campus snack sales area, located near the cafeteria, where students could purchase candy and chips for approximately one dollar each. This money was aggregated in a file cabinet drawer in the bookkeeper’s office, and Lambert maintained access to this area. Between 2007 and 2012, Lambert made regular and substantial cash deposits into her personal bank accounts, totaling approximately $171,525.
From Jan. 1, 2010 through Dec. 31, 2010, Lambert, while an employee of BISD stole, embezzled, obtained by fraud, or otherwise without authority knowingly converted to the use of another property in aggregate amounts adding up to $5,000 or more, from BISD in the manner stated in the paragraphs above. During 2010, BISD received in excess of $10,000 in federal funds through various federal grants and programs.
Pursuant to the plea agreement, Lambert faces up to 40 months in prison. Lambert’s sentence will be imposed by Judge Heartfield based upon U.S. Sentencing Guidelines, other statutory factors, and evidence to be presented at a sentencing hearing. A sentencing date has not been set. Codefendant, Victoria Gauthier Steward, 31, of Lake Charles, LA, pleaded guilty on Dec. 23, 2015 to conspiracy to make false statements, related to the manipulation of BISD test scores and faces up to five years in federal prison.
This case was prosecuted as part of the Joint Task Force established in March 2014 between the U.S. Attorney’s Office for the Eastern District of Texas and the Jefferson County District Attorney’s Office to investigate and prosecute major crimes – more specifically, violent crime and crimes related to the abuse of public trust in Jefferson County, Texas.
If you have any information related to this matter, please call the Federal Bureau of Investigation at 409-832-8571.
This investigation was conducted by the Federal Bureau of Investigation, the Department of Education Office of Inspector General, the Texas Education Agency, the Jefferson County District Attorney’s Office and the Beaumont Police Department. This case is being prosecuted by Assistant U.S. Attorneys Christopher T. Tortorice and Joseph R. Batte.
Federal Grand Jury Indicts Two Mexican Men for Knowingly Transporting Illegal Aliens in the United StatesRead the Press Release
BIRMINGHAM -- A federal grand jury today indicted two Mexican men on charges that they knowingly transported illegal aliens within the United States for personal financial gain, announced U.S. Attorney Joyce White Vance and Department of Homeland Security’s Immigration and Customs Enforcement Agency Special Agent in Charge Raymond R. Parmer Jr.
A six-count indictment filed in the U.S. District Court charges Roldan Palacios-Rincon, 31, and Martin Rodriguez-Guadarrama, 33, with transporting five individuals through Greene County on Nov. 9 who they knew were in the United States illegally. According to the indictment, Palacios-Rincon and Rodriguez-Guadarrama transported the individuals for private financial gain.
The maximum penalty for alien smuggling is 10 years in prison and a $100,000 fine.
Also included in the indictment was one count charging Jeronimo Mejia, 52, with illegally re-entering the United States after being convicted of an aggravated felony and deported. The maximum penalty for illegal re-entry is 20 years in prison and a $200,000 fine.
DHS-ICE investigated the case, which Assistant U.S. Attorneys Manu K. Balachandran and Erica W. Barnes are prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Edwards County Man Sentenced on Methamphetamine ChargesRead the Press Release
An Edwards County man was recently sentenced to federal prison on methamphetamine charges, James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today.
On December 22, 2015, Joshua L. Millman, 44, of West Salem, Illinois, was sentenced to 114 months in federal prison, four years’ supervised release following his imprisonment, and fined $600. Millman had previously pleaded guilty to three counts in a federal indictment.
Count 1 charged that from April 2014, to July 1, 2015, in Clay and Richland Counties, within the Southern District of Illinois, the state of Indiana, and elsewhere, Millman knowingly conspired and agree with others to distribute methamphetamine. Count 2 charged that on July 1, 2015, in Clay County, Millman knowingly and intentionally possessed with the intent to distribute methamphetamine. Count 3 charged that on July 1, 2015, in Clay County, Millman knowingly and intentionally distributed methamphetamine.
The investigation in this case was conducted by the Flora Police Department, the Clay County Sheriff’s Office, the Southeastern Illinois Drug Task Force, the Richland County Sheriff’s Office, and the Illinois State Police.
The case was handled by Assistant United States Attorney George Norwood.
Eagle Butte Man Sentenced for Assault with a Dangerous WeaponRead 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 December 21, 2015, by U.S. District Judge Roberto A. Lange.
Dathan Little Wounded, age 34, was sentenced to 28 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Little Wounded was indicted by a federal grand jury on May 12, 2015. He pled guilty on September 25, 2015.
The conviction stemmed from an incident on March 2, 2015, when Little Wounded assaulted the victim outside of the Falcon Apartments in Eagle Butte. Little Wounded punched the victim 15 times in the face and abdomen. Little Wounded then threw him to the ground and kicked him in the face and abdomen four times. Little Wounded also stomped on his head and face 3 times.
A resident of the Falcon Apartments heard and saw what was going on, and called the police to report the assault. The resident looked outside again, and saw the victim lying motionless on the ground. The resident told Little Wounded the police had been called, and Little Wounded then left the scene.
An officer from the Cheyenne River Sioux Tribe responded to the call. The victim was transported by ambulance to the IHS facility in Eagle Butte, where he received 5 stitches around the left eye area. He also had a black eye.
This case was investigated by the Cheyenne River Sioux Tribe. Assistant U.S. Attorney Jay Miller prosecuted the case.
Little Wounded was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man and Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man and an Eagle Butte, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty and were sentenced on December 22, 2015, by U.S. District Judge Roberto A. Lange.
Elton Lone Eagle, Sr., age 34, was sentenced to 12 months in custody, followed by 12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
Zachary Brown Thunder, age 31, was sentenced to 12 months in custody, followed by 12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
The convictions stemmed from an incident that took place on the evening of January 29, 2015, when the victim was at the same residence as Lone Eagle and Brown Thunder, as well as others. The victim was walking down the stairs, when Lone Eagle grabbed him and pushed him down to the floor. Once on the floor, Lone Eagle held the victim down, while Brown Thunder held a heated butter knife to his upper right arm.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Lone Eagle and Brown Thunder were remanded to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty and was sentenced on December 22, 2015, by U.S. District Judge Roberto A. Lange.
Elton Lone Eagle, Sr., age 34, was sentenced to 12 months in custody, followed by12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
The conviction stemmed from an incident that took place on April 21, 2015, when Lone Eagle began accusing the victim of being with other men and told her that if he could not have her, no one would. Lone Eagle punched the victim on the left side of the face.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Lone Eagle was remanded to the custody of the U.S. Marshals Service.
Decatur Man Indicted for Failure to Register as a Sex Offender, Misuse of a Social Security Number and Identity TheftRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Decatur man for failing to register as a sex offender and misusing another person’s Social Security number and other means of identification, announced U.S. Attorney Joyce White Vance and U.S. Marshal Martin Keely.
A five-count indictment filed in U.S. District Court charges FREDDIE DEWAYNE LONG, 34, with failure to register as a sex offender after moving from Tennessee to Alabama earlier this year, misuse of another person’s Social Security number on multiple occasions, and aggravated identity theft.
If convicted of failure to register as a sex offender, Long could be sentenced to a maximum 10 years in prison and a $250,000 fine. Each charge of misuse of a Social Security number carries a maximum sentence of five years’ custody and a $250,000 fine. Each aggravated identity theft charge carries a mandatory sentence of two years in prison and a $250,000 fine.
The U.S. Marshals Service and Social Security Administration Office of the Inspector General investigated the case, which Assistant U.S. Attorneys Melissa K. Atwood and John B. Ward are prosecuting.
An indictment contains only charges. A defendant is presumed innocent of the charges unless and until proven guilty.
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